August 24, (THEWILL) – The Independent National Electoral Commission (INEC) has underscored the need for the unbundling of the Commission, with a view to ensuring effective prosecution of high-profile offenders during elections across the country.
INEC National Chairman, Prof. Mahmood Yakubu, expressed the position on Tuesday, during the public hearing on the bill seeking the establishment of the National Electoral Offences Commission, held at the instance of the House of Representatives Committee on Electoral Matters. The public hearing was chaired by Hon. Aisha Dukku.
He disclosed that with the “nationwide continuous registration and the maintenance of the voters’ registration, INEC has the database of citizens in Nigeria and largest database of citizens in Africa, 84 million likely to cross over 90 million by the 2023 general elections.”
Yakubu noted that the bill, which provides for various sanctions, ranging from 6 months to 20 years and fines ranging from N100,000 to N50 million would help in effective prosecution of high-profile election offenders in the country.
While noting that the Commission has enormous responsibilities, the INEC Chief disclosed that out of the 125 cases of electoral offences filed in various Courts, 60 convictions have been secured so far since the 2015 General Election, 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 when 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.
“In addition to these responsibilities, the Commission is required to prosecute electoral offenders. However, the Commission’s incapacity to arrest offenders or conduct an investigation that leads to the successful prosecution of especially the high-profile offenders led to the suggestion to unbundle the Commission and assign some of its extensive responsibilities to other agencies as recommended by the Uwais and Nnamani Committees.
“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 anti-corruption agencies.
“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 the Electoral Offences Tribunal be established with exclusive jurisdiction to try electoral offenders.”
The Commission further kicked against “conferring additional power” on the Attorney-General of the Federation to make rules or regulations for the proposed Electoral Offences Commission.
According to Prof. Yakubu, “The second is Clause 44, which empowers the Attorney-General of the Federation to make rules or regulations for the Commission. Conferring additional power to 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 a 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.
“Thirdly, because work on the Bill started before the passage of the current Electoral Act into law, all references to the Electoral Act 2010 (as amended), for example, Clause 39(1), should be replaced with relevant provisions of the Electoral Act 2022.”
On his part, Executive Director of Policy and Legal Advocacy Centre (PLAC), Clement Nwankwo, advocated for the reduction of the proposed N40 million fine on electoral offenders in line with current realities.
He observed that in the 2010 Constitutional amendment, the president was empowered to make rules and guidelines for INEC, but changed in the subsequent amendment in 2010, which gives INEC the powers to make those rules and regulations.
He also proposed that Electoral Offences Commission must be independent, and insulated from politics, and partisanship, adding that the constitution of the National Electoral Commission should be tailored along with the INEC modelling appointing its membership while noting that the proposed clause “will subject the Commission to possible partisanship and ileus in hunting down political opponents.
“I think the Electoral Offence Commission if it should be set up, should really give the outlook of independence and impartiality. We don’t have a problem with the President making nominations, and those nominations should be subject to Senate confirmation.”
On the proposed sanctions, Nwankwo also argued that the punishment should be commensurate with the offence identified. Looking at the offences proposition here, it includes at least 20 years imprisonment for ballot snatching.
“I think that is overwhelming. I think 20 years imprisonment for vote buying is overwhelming. 40 million as a fine, which means it could extend to 100 million fine, the chairman already said the persons sponsoring these are lurking somewhere in the shadows, those who are running around snatching ballot boxes and giving the money, certainly cannot afford 40 million as fine and their sponsors are going to hide and disappear and leave them to bear the brunt of it.
“So, I think the offences should be commensurate with reality, it won’t even make a Judge impose that sentence, rather than think how unjust it will be to impose such huge fine or imprisonment on the offenders.”
However, the Economic and Financial Crimes Commission, during the public hearing, kicked against the establishment of the commission.
EFCC Chairman, Abdulrasheed Bawa, who was represented by Deborah Adamu-Eteh, Assistant Commander of EFCC, said most of the offences listed in the proposed bill were already being taken care of by the anti-graft agencies.
She called for the strengthening of various security agencies, adding that the offences contained in Part IV (Sections 13-32) largely constitute offences that have already been criminalized by extant laws such as the Electoral Act, 2022; The Penal and Criminal Codes, the Independent Corrupt Practices and other related offences Act, 2000; and Economic and Financial Crimes (Establishment)Act, 2004″, she said.
“A holistic review of the contents of the proposed bill shows that the offences contained therein in Part IV (Sections 13-32) largely constitute offences that have already been criminalised by extant laws such as the Electoral Act, 2022 (See Sections 114-129), The Penal and Criminal Codes, the Independent Corrupt Practices and other related offences Act, 2000; The Economic and Financial Crimes (Establishment) Act, 2004.
“If it’s apposite to state that these offences are offences that the Nigerian Police, the Federal Ministry of Justice, the Economic and Financial Crimes (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC) and even the Independent National Electoral Commission (in Section 145 of the Electoral Act, 2022) are empowered under our extant laws to investigate and prosecute.
“There is, therefore, no need for creating an agency solely for the purpose of investigating and prosecuting electoral offences most especially when our electoral process is seasonal in nature, being that elections are held once in four years in the Country”, she said.
While declaring the public hearing open, Reps Speaker, Femi Gbajabiamila, pledged commitment toward the prioritisation of reforming our electoral laws in order to ensure that the determination of the Nigerian people to build on the gains of our democratic achievements for an effective and efficient Electoral Legal Framework for free, fair and credible elections will see the light of the day.
The Speaker was represented by his Deputy, Hon. Idris Wase, said: “While we acknowledge that even our recent governorship elections in Ekiti and Osun States signify a milestone in Nigeria’s democratic evolution, there is no doubt that a lot of work still needs to be done to take the country to the point where elections are devoid of the usual challenges of violence, fraud and abuse of process.
“A review of our past elections indicate the need for the National Assembly to take necessary legislative steps to address identified challenges and plug the loopholes encountered with the conduct of elections in this country.
“I note that some of the challenges may require Constitutional amendments and we are working through the House Ad-hoc Committee on Constitution Review to make the necessary alterations to the Constitution that will fix the legal problems.
“As a step in the legislative process, this public hearing should bring forth new ideas on how to establish the National Electoral Offences Commission and, by extension, provide the means for free, fair and credible elections in Nigeria.
“It will be important for instance, for this Public Hearing to discuss some of the pending and unresolved issues on the increasing 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.
“In truth, electoral crimes lead to low quality, corrupt and violent political leadership. It helps election riggers and offenders take control of governments against the democratic will of the electorates. Civil disturbances and violence resulting from manipulated elections strain otherwise harmonious communal relationships with adverse effects on national cohesion, peace and security; because rigged elections throw up political schemes that are not conducive for businesses and the national economy. Electoral offences are self-inflicted injuries to be avoided at all cost”, he said.
In the same vein, the Chairman of the Inter-Party Advisory Council (IPAC), Yabagi Sani, who assured the cooperation of the Council, disclosed: “When the Electoral Act 2022, passed some of us were afraid as to how the enforcement of these provisions in the bill was going to be enforced. It was like you have a bulldog that cannot bite.
“I believe this is the missing link with Nigeria having a credible, free fair and more inclusive election. The political parties of course have our inputs which we are still working on because if you look at this law, it is about how the political parties, our members and even the electorate can behave during the election.”
While applauding the initiative, he expressed optimism that “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.
“We all know the importance of election because how you recruit your leadership is very important to how you get the governance right and because of lack of these kinds of laws, perhaps, that is why we are in the situation we are in today. We are ready to cooperate and ensure that this law is properly enforced.”
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