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'Seun Ibukun-Oni, Abuja
DAILY COURIER - The Independent National Electoral Commission (INEC) has firmly refuted allegations made by the Socio-Economic Rights and Accountability Project (SERAP) accusing the Commission of neglecting to prosecute electoral offenders from the 2023 general election. In a recent press release, INEC contended that SERAP’s claims lack factual basis, clarifying their ongoing commitment to enforcing electoral law and prosecuting offenders.
According to the statement today by INEC’s National Commissioner, Sam Olumekun, SERAP alleged that INEC failed to engage independent counsels to prosecute certain Governors and Deputy Governors for electoral violations. It also claimed the Commission neglected to appoint private lawyers for the prosecution of other electoral offenses, such as vote-buying. INEC responded that these accusations "fly in the face of facts already in the public domain."
Olumekun highlighted a key constitutional point: Governors and Deputy Governors have immunity from prosecution, a provision that SERAP, as a legal advocacy group, should be well aware of. He emphasized that INEC had not received any case files implicating these officials or establishing a prima facie basis for prosecution.
INEC also shared comprehensive updates on the status of cases from the 2023 election. After the election, the Commission received 215 case files from the Nigeria Police. These files cover 238 suspects in 52 cases from the Presidential and National Assembly elections and 536 suspects in 163 cases from the Governorship and State Assembly elections. The Commission stated that these files are actively being reviewed and pursued, extending beyond private individuals to include some high-ranking INEC officials, such as a Resident Electoral Commissioner currently being tried in Yola.
To bolster its prosecutorial capacity, INEC collaborated with the Nigerian Bar Association (NBA) to engage independent counsels. Olumekun noted that this arrangement, facilitated by former NBA President Yakubu Maikyau SAN, marked a historic first in Nigeria’s electoral process. With the assistance of a respected human rights lawyer, the NBA provided INEC with a nationwide list of volunteer counsels, including Senior Advocates of Nigeria, who offered their services pro bono. The joint initiative has already led to convictions in Kebbi and Kogi States.
In a bid to curb vote-buying, INEC is working closely with the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC). A special prosecution team, comprising 18 lawyers from the EFCC and INEC, was formed to address vote-buying offenses. So far, successful prosecutions have occurred in Lagos, Gombe, and Kwara States.
INEC acknowledged the inherent challenges in prosecuting electoral offenses, given that they are not time-bound, unlike pre- and post-election petitions, which have strict timelines for resolution. Electoral offenses must be prosecuted in the state where the offense occurred and are handled by state judiciary systems, which often lead to protracted proceedings. To address these challenges, INEC advocates for electoral reforms that would make such offenses time-bound, including the establishment of an Electoral Offences Tribunal.
Olumekun’s statement reaffirmed INEC's commitment to prosecuting electoral offenders and urged organizations like SERAP to verify facts before making allegations. "SERAP ought to have availed itself of basic facts that are already in the public domain," he stated.
INEC’s detailed response underscores its efforts in prosecuting electoral offenders and collaborating with external agencies to strengthen Nigeria’s electoral process.
