Once again, the CENI requests the creation of a commission of electoral offenses and obtains 60 convictions
The Independent National Electoral Commission (INEC) has again advocated for the creation of a new commission to deal with electoral offenders.
At a public hearing on the “National Electoral Offenses Commission Bill” on Tuesday in Abuja, INEC Chairman Mahmood Yakubu said the work on the country’s electoral process would remain incomplete if election delinquents continued to walk free.
The hearing was organized by the House Elections Committee.
Mr. Yakubu, who acknowledged the additional powers given to the commission in the recently signed Elections Act 2022, argued that only election violators are tried while the masterminds of the offenses have not been properly dealt with.
He regretted previous attempts to pass the bill for the establishment of the commission, saying the failure had frustrated efforts to seek justice for offenders in Nigerian courts over the years.
He said that of the 125 election offense cases filed in various courts, only 60 convictions have been handed down since 2015.
“The National Electoral Offenses Commission Bill is crucial legislation. This has been part of every national conversation on constitutional and electoral reform for 13 years,” Yakubu said.
"The Justice Mohammed Uwais Committee on Electoral Reforms recommended it in 2009, taken up by the Sheikh Ahmed Lemu Committee following the 2011 post-election violence and, more recently, by the Senator Ken Nnamani Committee on Constitutional Reform and election in 2017.
"Similar recommendations are contained in police investigation reports, INEC administrative investigations, court judgments, reports of the National Human Rights Commission as well as several accredited election observers. It is clear that the reform of our electoral process cannot be complete without effective sanctions against violators of our laws.
“Currently, the INEC is responsible for prosecuting election violators under the Elections Act. It was very difficult for the Commission. For example, since the 2015 general elections, 125 electoral offense cases have been filed in various courts, of which 60 convictions have been obtained so far, the most recent being in Akwa Ibom State. In addition to these responsibilities, the Commission is required to prosecute election violators. »
The INEC boss noted that the Commission's inability to apprehend violators or conduct an investigation leading to the successful prosecution of high-profile violators led to the suggestion to unbundle it and assign some of its broad responsibilities to other agencies, as recommended. by the Uwais and Nnamani committees.
According to him, the commission of electoral offenses proposed would fill these gaps.
Mr. Yakubu said he looks forward to the day in Nigeria when not only ballot box thieves, falsifiers of election results and vote-buyers at polling stations are successfully prosecuted, but "also high-profile figures who seek to profit from these violations, are arrested and prosecuted.”
Rejecting arguments against the creation of the new commission in the past by different committees, Mr. Yakubu argued that while other security agencies have been created to deal with economic and financial crimes apart from the EFCC , having an agency to deal specifically with this concern (election offences) should not be seen as unnecessary.
More commentsMr. Yakubu also used the platform to draw the attention of lawmakers to the deficiencies observed in clauses 33(1) and 44 of the bill under consideration.
With regard to clause 33(1), he argued that the section which grants the federal, state and FCT high courts power to try violators has not been effective given the volume cases in court.
He proposed that an “Election Offenses Tribunal be established with exclusive jurisdiction to try election violators.”
On Article 44 which empowers the Federation Attorney General to make rules or regulations for the Commission, Mr. Yakubu argued that granting additional powers to any other body may lead to friction or conflict with the proposed Commission which should be independent in the exercise of its functions even if this requires consequential amendment of other laws of the federation to empower the Commission and ensure its independence.
“In any event, clause 1(2)[c] of the Bill grants the Commission the power to establish its own rules and regulations...
The Independent National Electoral Commission (INEC) has again advocated for the creation of a new commission to deal with electoral offenders.
At a public hearing on the “National Electoral Offenses Commission Bill” on Tuesday in Abuja, INEC Chairman Mahmood Yakubu said the work on the country’s electoral process would remain incomplete if election delinquents continued to walk free.
The hearing was organized by the House Elections Committee.
Mr. Yakubu, who acknowledged the additional powers given to the commission in the recently signed Elections Act 2022, argued that only election violators are tried while the masterminds of the offenses have not been properly dealt with.
He regretted previous attempts to pass the bill for the establishment of the commission, saying the failure had frustrated efforts to seek justice for offenders in Nigerian courts over the years.
He said that of the 125 election offense cases filed in various courts, only 60 convictions have been handed down since 2015.
“The National Electoral Offenses Commission Bill is crucial legislation. This has been part of every national conversation on constitutional and electoral reform for 13 years,” Yakubu said.
"The Justice Mohammed Uwais Committee on Electoral Reforms recommended it in 2009, taken up by the Sheikh Ahmed Lemu Committee following the 2011 post-election violence and, more recently, by the Senator Ken Nnamani Committee on Constitutional Reform and election in 2017.
"Similar recommendations are contained in police investigation reports, INEC administrative investigations, court judgments, reports of the National Human Rights Commission as well as several accredited election observers. It is clear that the reform of our electoral process cannot be complete without effective sanctions against violators of our laws.
“Currently, the INEC is responsible for prosecuting election violators under the Elections Act. It was very difficult for the Commission. For example, since the 2015 general elections, 125 electoral offense cases have been filed in various courts, of which 60 convictions have been obtained so far, the most recent being in Akwa Ibom State. In addition to these responsibilities, the Commission is required to prosecute election violators. »
The INEC boss noted that the Commission's inability to apprehend violators or conduct an investigation leading to the successful prosecution of high-profile violators led to the suggestion to unbundle it and assign some of its broad responsibilities to other agencies, as recommended. by the Uwais and Nnamani committees.
According to him, the commission of electoral offenses proposed would fill these gaps.
Mr. Yakubu said he looks forward to the day in Nigeria when not only ballot box thieves, falsifiers of election results and vote-buyers at polling stations are successfully prosecuted, but "also high-profile figures who seek to profit from these violations, are arrested and prosecuted.”
Rejecting arguments against the creation of the new commission in the past by different committees, Mr. Yakubu argued that while other security agencies have been created to deal with economic and financial crimes apart from the EFCC , having an agency to deal specifically with this concern (election offences) should not be seen as unnecessary.
More commentsMr. Yakubu also used the platform to draw the attention of lawmakers to the deficiencies observed in clauses 33(1) and 44 of the bill under consideration.
With regard to clause 33(1), he argued that the section which grants the federal, state and FCT high courts power to try violators has not been effective given the volume cases in court.
He proposed that an “Election Offenses Tribunal be established with exclusive jurisdiction to try election violators.”
On Article 44 which empowers the Federation Attorney General to make rules or regulations for the Commission, Mr. Yakubu argued that granting additional powers to any other body may lead to friction or conflict with the proposed Commission which should be independent in the exercise of its functions even if this requires consequential amendment of other laws of the federation to empower the Commission and ensure its independence.
“In any event, clause 1(2)[c] of the Bill grants the Commission the power to establish its own rules and regulations...
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