The Independent National Electoral Commission (INEC) on Friday revealed that it is currently prosecuting 774 individuals accused of electoral offences during the 2023 general election.
At the first quarterly consultative meeting with the media in Abuja, INEC Chairman Prof. Mahmood Yakubu stated that prosecutions are being carried out in collaboration with the Nigerian Bar Association and the Economic and Financial Crimes Commission.
Despite successful convictions in Kebbi, Kogi, Lagos, Kwara, and Gombe states, many cases are still pending due to judicial delays.
He noted, “Through our collaboration with the Nigerian Bar Association, cases involving 774 alleged offenders from the 2023 General Election are being prosecuted.
“So far, successful prosecutions have been recorded in Kebbi and Kogi states, while our collaboration with the Economic and Financial Crimes Commission on vote-buying has yielded similar results in Lagos, Kwara, and Gombe states. Yet, many cases are still pending.”
Yakubu reiterated the need for a dedicated Electoral Offences Tribunal, arguing that regular courts overburdened with other cases often fail to prioritise electoral offences.
Yakubu stated, “One of these areas of reform is the prosecution of electoral offenders. Judicial and legislative action in the last few days underscores our effort to deal with offences involving officials of the Commission assigned to carry out designated responsibilities.
“However, it also highlights the challenges we face in dealing with electoral offences. The recent successful prosecution of a returning officer in Akwa Ibom State is a case in point.
“The Commission has been diligently pursuing the case that arose from the 2019 General Election. In this particular case, it took nearly six years to achieve the successful prosecution at the trial court.”
Yakubu emphasised that the lack of a clear legal framework and timeline for dealing with election-related crimes has contributed to lengthy trials.
He urged lawmakers to create an Electoral Offences Commission and Tribunal to ensure prompt justice and strengthen Nigeria’s electoral system.
“A major obstacle to the speedy dispensation of justice in this regard is that electoral offences are not time-bound as is the case with post-election offences through the tribunals.
“Furthermore, they are solely prosecuted by the magistrate and state high courts in the jurisdiction where the alleged offences are committed.
“No priority attention is given to such cases as the courts deal with a variety of other cases. Consequently, electoral offences are carried over from one general election to another, which may sometimes affect the diligent prosecution of the cases.
“It is therefore imperative to renew our call for the creation of the Electoral Offences Tribunal that has a specific jurisdiction and limited timeframe for the speedy dispensation of cases. I urge the media to join in this patriotic advocacy for the good of our electoral democracy,” he explained.
The INEC boss also highlighted the increasing number of bye-elections due to vacancies in legislative seats, citing recent cases caused by the deaths of serving members and absenteeism.
The Commission, he stated, remains committed to ensuring smooth electoral processes despite these challenges.
Yakubu noted, “In addition to the end-of-tenure elections, there is an increasing number of bye-elections to be conducted. In the last three weeks alone, vacancies have occurred in one federal constituency and two state constituencies caused by the death of serving members.
“In another state constituency, the state assembly declared the seat vacant as a result of absenteeism, following the prolonged absence of the member from sittings of the House in violation of Section 109(1)[f] of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The matter of pending bye-elections is also on the agenda for this meeting.”
Achike Chidi, the NUJ National Secretary, stated that INEC has frequently been hesitant to prosecute offenders, not due to a lack of willingness, but due to legal and structural constraints.
He noted that this was a significant reason why stakeholders have advocated for an Electoral Offences Tribunal, which would allow INEC to focus on its core responsibilities while ensuring electoral criminals face punishment.
He urged the National Assembly to move quickly on establishing the tribunal, claiming that INEC is overburdened with obligations that would be best handled by a specialised judicial body.
Regarding electoral reforms, he asked INEC to investigate alternate voter identification mechanisms, such as national identity cards, international passports, or driver’s licenses, in order to increase voter access and participation.
Chidi finished by confirming the NUJ’s commitment to collaborating with INEC to advance democracy and electoral integrity in Nigeria.
“The INEC Chairman also talked about the fact that every electoral process presents with new opportunities. And as these new opportunities arise, they have to be confronted with new responses. And so perhaps we will also look at the issue of using other processes for the purpose of even voting.
“Recognise processes such as the people who possess national identity cards, international passports, and driving licenses. Perhaps these are also things that they can also look at as they look at other processes.
“If there is one thing I think some of us have noticed, it is the fact that INEC has always been very reluctant when it comes to this pressure on them to prosecute offenders. It is not that they do not want to prosecute offenders.
“I think it’s part of the reasons why people have been making a case for this electoral tribunal to be put in place. We should also encourage the National Assembly to set these things in motion.”
