Electoral offenders must not go scot-free

The continued silence of the Independent National Electoral Commission (INEC) on the recommended prosecution of violators of election laws in the last general elections is ominous. It sends a wrong signal that nothing will happen to anybody bold enough to disrupt elections or to run afoul of electoral laws in the country. That impression, of course, constitutes a threat to democracy and credible elections that all Nigerians crave for. It is therefore necessary and urgent for INEC to make a bold and concerted effort to sanction culprits of electoral laws in order to sanitise future elections.

Health of democracy in any clime is a measure of how the state promotes the sanctity of rule of law with relevant institutions taking the necessary steps to curtail the culture of impunity. Citizens’ confidence in the electoral process is eroded when indulgence in election related crimes becomes permissible on account of impunity. Failure to prosecute individuals indicted for electoral offences can only serve as ready incentive for the perpetuation of worse crimes in future elections.

It is therefore regrettable that the prosecution of individuals investigated and listed for trials for various electoral offences across the country has not commenced 18 months after the 2023 General Elections. There could be no credible justification for the continued prevarication over the prosecution of those indicted months after the Independent National Electoral Commission (INEC) confirmed it had received more than 200 case files relating to indictments over electoral offences following the arrest of over 700 suspects apprehended during the last general elections.

Regrettably, INEC’s repeated pledge to conduct free and fair polls devoid of voter suppression and apathy may come across as gimmick if individuals indicted for electoral crimes are not held to account to serve as deterrent to potential lawbreakers in future elections. There is no doubt that the delay in the prosecution of electoral offenders is instigated by the prevailing culture of impunity in the country. It is a well-known fact that electoral offences are, more often than not, instigated and perpetrated in connivance with political actors whose influence are brought to bear to shield culprits from prosecution even if apprehended.

There are strong indications of conspiracy against the prosecution of those found culpable for electoral crimes considering that neither the INEC nor the police have taken any concrete step to commence trial. Certainly, both INEC and the police had no further justification for the continued delay of the prosecution of cases within their jurisdiction months after investigations have been concluded.

The Socio-Economic Rights and Accountability Project (SERAP) deserves commendation for its patriotic steps in seeking an Order of Mandamus to compel INEC to commence prosecution of those indicted for electoral offences. On July 18, 2024, Hon. Justice Obiora Atuegwu Egwuatu of Abuja Federal High Court ordered the Independent National Electoral Commission (INEC) to hold high profile politicians accountable for wide-range of cases of electoral malpractices and criminality perpetrated during the 2023 General Elections.

It should be instructive that Nigerians have been left in perpetual suspense regarding a number of notable cases involving electoral violence, bribery, vote-buying, and conspiracy that undermined the credibility of 2023 general elections. Justice Egwuatu‘s assertion that electoral violence and the associated crimes committed in the country has constituted a bane to democratic and socio-economic development could not be more apt. The aberration should not be allowed to persist if Nigeria genuinely craves for democratic stability.

It is worrisome that impunity around politics and governance in the country is fast evolving into a culture. Failure to hold those indicted for undermining previous polls to account threatens popular participation in future election with consequence of further shrinking the democratic space on account of culture of impunity. In the aftermath of electoral practices and suppression of voters in parts of the country during the 2023 General elections, Nigerians expected INEC and the police to bring the apprehended culprits to book after investigation.

It is instructive that the Nigerian Bar Association (NBA) had promised to offer pro-bono service to ensure diligent prosecution of cases already investigated. INEC Chairman, Prof Mahmood Yakubu represented by Nasara Auta, the Deputy Director, Prosecutions for the Commission at a forum organised by National Human Rights Commission (NHRC) on 2023 General Elections alluded to the partnership between the NBA and the commission to ensure prosecution of those indicted on account of electoral offences.

While it is not in contention that INEC is empowered under Section 145 of the Electoral Act, 2022 to prosecute electoral offenders, such prerogative could however be discharged through private legal counsel if the commission is administratively challenged to readily undertake the task in-house. It should therefore be worrisome that INEC has not taken the advantage of the partnership proposed by the NBA or, in the alternative, deploy its available legal personnel to commence the long-awaited prosecutions of electoral offenders as expected.

The commission (INEC) should act swiftly and without further hesitation in setting in motion the machinery for the prosecution of cases that have been investigated and recommended for trial by the relevant authority. It is also imperative that the police and other agencies like the Economic and Financial Crimes Commission (EFCC) that apprehended culprits in the course of 2023 General Election and off-cycle polls to commence the prosecutions of those that have cases to answer. The prosecution of pending cases would go a long way in contributing to the quest for building confidence in the electoral process ahead of 2027 General Elections. The INEC has no more excuses to give than to do the needful. Those indicted for electoral misconducts and criminality must be made to face the law with appropriate sanctions meted out if found guilty.