The Independent National Electoral Commission, INEC, yesterday, called for the arrest and prosecution of high profile sponsors of electoral offences.
Chairman of the commission, Prof. Mahmoud Yakubu, made the call at the public hearing of a “Bill for an Act to Establish the National Electoral Offences Commission and Related Matters 2022,” organised by the House of Representatives Committee on Electoral Matters.
Throwing their weight behind the bill and the creation of offences commission, Yakubu said INEC was saddled with many other responsibilities that would not allow it prosecute offenders effectively, hence the need for the commission.
He said: “It is clear that the reform of our electoral process cannot be complete without effective sanctions on violators of our laws. At present, INEC is saddled with the responsibility of prosecuting electoral offenders under the Electoral Act.
“This has been very challenging for the commission. For instance, since the 2015 general election, 125 cases of electoral offences were filed in various courts, of which 60 convictions have been secured so far, including the most recent one in Akwa Ibom State.
“The commission would like to see more successful prosecution of offenders, not just ballot box snatchers, falsifiers of election results and vote buyers at polling units but most importantly, their sponsors.
“We look forward to the day highly placed sponsors of thuggery, including high-profile figures that seek to benefit from these violations, are arrested and prosecuted. We believe the work of the proposed commission will help in this regard.”
Speaking against the backdrop that the creation of the commission would enlarge the federal bureaucracy, INEC allayed the fears of Nigerians, saying it would not.
He said: “For those who argue that the solution does not lie in expanding the federal bureaucracy by creating a new commission, we believe that the National Electoral Offences Commission should be seen as an exception.
“While there are other security agencies that deal with economic and financial crimes, I am yet to hear anyone who, in good conscience, thinks that it is unnecessary to have established the anti-corruption agencies.”
Key observations in the proposed legislation
Yakubu, however, made some key observations in the proposed legislation, favouring the creation of tribunals, instead of using regular courts which he said were already overburdened.
He said: “We have studied the 46 clauses of the bill under consideration and made 16 comments. I would like to touch on two clauses and make a general observation while submitting our detailed comments to the committee.
“First is Clause 33 (1) of the Bill, which confers jurisdiction on federal, state and FCT High Courts to try offenders under the bill.
“However, these courts are already over-burdened. It is proposed that electoral offences tribunal be established with exclusive jurisdiction to try electoral offenders.
“The second is Clause 44, which empowers the Attorney-General of the Federation to make rules or regulations for the commission. Conferring additional power on any other body may cause friction or conflict with the commission, which should be independent in the discharge of its functions, even if doing so requires consequential amendment to other laws of the federation to empower the commission and guarantee its independence.
“In any case, Clause 1(2)[c] of the bill grants the commission power to make its own rules and regulations.”
New commission not necessary–EFCC
However, the bill was rejected by the Economic and Financial Crimes Commission, EFCC, whose representative at the hearing, Assistant Commander, Deborah Ademu-Eteh, said it would amount to duplication of functions.
In place of the would-be new body, the anti-graft agency called for the strengthening of already existing bureaucracies to take care of electoral offences.
Bill will address vote buying, electoral violence– Gbajabiamila, Gaya, Dukku, PLAC
In his remarks, the chairman, Senate Committee on INEC, Senator Kabiru Gaya, stated that the offences commission was necessary to tackle issues of vote buying, among others.
He said: “The Electoral Act 2022 was passed and assented to early this year, it has been tested in Osun, Ekiti and gained a lot of commendations not only from electorate but also from the civil societies and also the international community.
“However, there were still observed issues of malpractices, especially during the electioneering processes, the most common being the issue of vote buying and manipulation of electorate.
Also speaking, the chairman of the Inter-Party Advisory Council, IPAC, Yabagi Sani, also expressed the support of the council to the bill.
He said: “We welcome the development because we believe it will make a very organised space for no impunity as we observed today and going forward, Nigeria will be respected in the comity of nations.”
On his part, Director, Policy and Legal Advocacy Centre, PLAC, Clement Nwankwo, said the commission, when established, should be made independent, asking that the punishments be made realistic.
Declaring the hearing open, Speaker of the House of Representatives, Femi Gbajabiamila, who was represented by his deputy, Ahmed Idris Wase, said the bill would address issues of vote buying.
“It will be important, for instance, for this public hearing to discuss some of the pending and unresolved issues on the increased phenomenon of vote buying and disruption of elections through the use of violence by politicians and their supporters, apprehension and prosecution of electoral offenders, improvements to INEC’s electoral processes to enable it further build its capacity and prepare for the next general elections in 2023, etc.”
Earlier in her welcome address, Chairman of the House Committee on Electoral Matters, Aishatu Dukku, said the bill will tackle undemocratic forces in the electoral system.