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Our attention has been drawn to media reports attributed to the Socio-economic Rights and Accountability Project (SERAP) accusing the Commission of failure or neglect to prosecute electoral offenders arising from the 2023 General Election. Specifically, SERAP accused the Commission of failure to engage independent counsels to prosecute unnamed Governors and Deputy Governors for sundry violations of electoral laws. It also accused the Commission of failing to engage private lawyers to prosecute other electoral offences, including vote buying during the same election. These allegations are untrue and fly in the face of facts already in the public domain.
In the first place, Governors and Deputy Governors have constitutional immunity from prosecution. SERAP cannot be unaware of this constitutional provision. In any case, the Commission has no record that anyone of them has been arrested, investigated and a prima facie case established to initiate their prosecution.
Furthermore, if SERAP had done basic fact check, it would have known that at the end of the 2023 General Election, the Commission announced that it received 215 case files from the Nigeria Police following the arrest and investigation of alleged violators of the electoral laws across the country. These include 52 files involving 238 alleged offenders during the Presidential and National Assembly elections and 163 files in respect of 536 suspects for the Governorship and State Assembly elections. It is important to also inform the public that the Commission’s commitment to the prosecution of electoral offenders is not limited to persons who are outside the Commission. Indeed, officials of the Commission, some of them highly placed, have been affected, including a Resident Electoral Commissioner (REC) currently being prosecuted in a High Court in Yola.
Recognising the need for their speedy prosecution and bearing in mind that the Commission does not have enough in-house lawyers, it engaged the Nigerian Bar Association (NBA) under the leadership of the immediate past President, Yakubu Maikyau SAN, for assistance. The NBA agreed, and a well-publicised joint press conference was held between the Chairman of the Commission and the President of the NBA. The Chairman of the Commission and other officials have also been providing updates to the public on the matter as simple google search will show.
For the first time in the history of elections in Nigeria, concrete steps were taken between the NBA and the Commission to prosecute electoral offences. The NBA, working with a prominent and senior human rights lawyer, provided the Commission with a list of counsels nationwide, including Senior Advocates of Nigeria (SANs), who volunteered to render pro-bono services. Letters of instruction were given to them through the NBA and work commenced in earnest. As private lawyers, this satisfies the provision of Section145 (2) of the Electoral Act 2022 which empowers the Commission to engage external solicitors to assist it in the prosecution of electoral offences. So far, convictions/successful prosecutions have been recorded in Kebbi and Kogi States.
Similarly, it is well-known that the Commission has been working with the anti-graft agencies, the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC), to discourage vote buying and prosecute vote buyers. Specifically, a special joint prosecution team of 18 lawyers drawn from the EFCC and INEC was set up to prosecute suspects. Through this joint effort, successful prosecutions have so far been recorded in Lagos, Gombe and Kwara States.
The prosecution of electoral offence is very slow for the simple reason that electoral offences are not time-bound, unlike pre-election and post-election cases which must be determined within 180 days at the trial court/tribunal and a maximum of 60 days at each layer of appeal. Furthermore, under Section 145 (1) of the Electoral Act 2022, electoral offences are prosecuted in the jurisdiction where the alleged offence is committed and by the State judiciary. Some cases can go on for several years. That is why the Commission has been in the forefront of the advocacy for electoral reform to make electoral offences time-bound for speedy prosecution of electoral offenders, including the establishment of an Electoral Offences Tribunal.
We wish to assure Nigerians that the Commission will continue to discharge its responsibilities at all times. The Commission is not in contempt of court as alleged. As an organization that portrays itself as a leader in advocating for justice, SERAP ought to have availed itself of basic facts that are already in the public domain.
