By Joy Odor
The Independent National Electoral Commission (INEC) has strongly denied allegations made by the Socio-Economic Rights and Accountability Project (SERAP) of neglecting to prosecute electoral offenders from the 2023 general election.
In a press statement by the INEC’s National Commissioner, Sam Olumekun and made available to newsmen in Abuja, debunked that SERAP’s claims lack factual basis.
Recall that SERAP alleged that INEC failed to engage independent counsels to prosecute certain Governors and Deputy Governors for electoral violations.
SERAP 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.”
According to Sam, in the constitutional point, Governors and Deputy Governors have immunity from prosecution, a provision that SERAP, as a legal advocacy group, should be well aware of.
Sam pointed out that INEC had not received any case files implicating these officials or establishing a prima facie basis for prosecution.
He said 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.
Olumekun’s assured 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.
“To address these challenges, INEC advocates for electoral reforms that would make such offenses time-bound, including the establishment of an Electoral Offences Tribunal.
“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.
“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.
