The Independent National Electoral Commission (INEC) has warned that the days of impunity are over as though time awaits electoral offenders in 2023 General Elections.
INEC Chairman, Prof. Mahmood Yakubu, gave the warning while fielding questions from newsmen on the sideline of the Roundtable on Electoral Offences; Ensuring Documentation and Effective Prosecution.
The event was organised by the Electoral Hub, an organ of the Initiative for Research, Innovation and Advocacy in Development (IRIAD) in Abuja.
Represented by Alhassan Umar, Litigation and Prosecution Department INEC, Yakubu said that the commission had stronger power to prosecute electoral offenders with the new power conferred on it.
The chairman said that the commission had also created a department that would be responsible for prosecution of violators.
This, he said was, because of the seriousness with which it considered the task of prosecuting electoral offences and its effect on the electoral process.
“INEC is not folding its arms, it is actually trying its best within the power that is conferred on it, for instance, INEC is now trying to come up with the guidelines for prosecution of electoral offences.
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“In 2023, INEC is very well ready for electoral offenders because it is a power that is conferred on it, and it will continue to do its utmost to ensure that it discharges its statutorily responsibility in that regard.
“People who perpetuate electoral offences should know that the law has been put in place to prosecute them and it will always catch them .
“So, they have to beware the days of impunity are over, INEC is now strengthening its processes and that the days that people have gone away with electoral offences are over,’’ he said
Prof. Attahiru Jega, a former Chairman of INEC, said though the bar in terms of the conduct of election in Nigeria had been raised, there was need to keep on adding value to the integrity of Nigeria’s elections.
Jega said that the new Electoral Law 2022 had precipitated a remarkably improved legal framework for improving the integrity of Nigeria elections moving forward.
He added that the roundtable came at the right time when the new legal framework went a step further than any of the electoral acts in the past.
He said that historically, electoral offences in the country could be categorised into three broad categories; Pre-elections offences, Election day offenses, and Post-election day offenses.
“There are so many categories of these offences, but I think what is peculiar in Nigeria compared with other countries is what aggregates the impunity with which these offences are committed.
“ Candidates are culprit, political parties are culprit, election observers, and even the security agencies are culprit in the way in which these offences are perpetrated.
“I think that the challenge is how to deal with these impunity, it is one thing to have a good legal framework and on the other hand ensuring that the good legal framework is complied with.
“However, those who do not comply with it are to be appropriately sanctioned.’’
Jega said that the 2022 Electoral Act had done a commendable job of itemising at least 62 specific offenses, specific penalties, sometimes with option of fine and some serious ones without option of fine.
He, however, said that the challenge was now how these could be implemented.
Ms Princess Hamman-Obels, Director, The Electoral Hub, said that the roundtable was organised because it was important to address the issues of election malpractices and irregularities.
Hamman-Obles said that one of the key issues around elections was electoral impunity, electoral offences and the fact that people commit offences and seem to get away with it because of their status.
“This issue of `big man ‘, you commit electoral offence and you get away with it contributes to the whole issue of voter apathy, the idea that people can do things and get away with whatever they do to truncate democracy.
“It also truncates the electoral process and impacts on the integrity and legitimacy of our elections, so it is important for us to start having these conversations towards having a holistic reform.
“This is whether it is establishing the electoral offences commission to address investigation and prosecution or to deepen more civil society engagement in ensuing that we tackle this problem of electoral offences.
“This is because without tackling it, we are going to keep having problems with our electoral process,’’ she said
Hamman-Obels added that tackling the issue of electoral offences would help in curbing violence and improve the participation of Persons With Disabilities (PWDs) because the fear of violence had always hindered their participation in elections.