…Says Only 60 Convictions Have Been Secured Out of 125 Electoral Offences Since 2015 Chairman, Independent National Electoral Commission (INEC), Prof Mahmood Yakubu has called for the urgent passage of the Electoral Act Amendment Bill, revealing that the Commission is anxious to know the legal framework that will govern the conduct of the General Election
…Says Only 60 Convictions Have Been Secured Out of 125 Electoral Offences Since 2015
Chairman, Independent National Electoral Commission (INEC), Prof Mahmood Yakubu has called for the urgent passage of the Electoral Act Amendment Bill, revealing that the Commission is anxious to know the legal framework that will govern the conduct of the General Election 2023 which is 660 days away and the other off season elections. His plea is coming as members of civil society frown at the slow progress over the Bill at the National Assembly, warning that it may affect the free, fair and credible conduct of the election by the electoral body.
“I would like to reiterate our appeal to the National Assembly for the expeditious passage of the Electoral Offences Commission (Establishment) Bill 2021 and the pending review of the electoral legal framework generally. We are confident that the National Assembly will conclude work on the legal framework in earnest. The Commission is anxious to know the legal framework to govern the conduct of the 2023 General Election.
“By the principle established by the Commission, the 2023 General Election will hold on Saturday 18th February 2023 which is exactly one year, nine months, two weeks and six days or 660 days from today. We hope to release the Timetable and Schedule of Activities for the General Election immediately after the Anambra Governorship election scheduled to hold on 6th November 2021.
“In order to do so, there should be clarity and certainty about the electoral legal framework to govern the election. We are confident that the National Assembly will do the needful in earnest,” Yakubu said while speaking at the Public Hearing on the National Electoral Offences Commission (Establishment) Bill, 2021 held at the Senate in Abuja on Wednesday.
Expressing his excitement on the Electoral Offences Bill which will take the burden of prosecuting electoral offenders off the Commission, the INEC chairman explains why the electoral body will be relieved.
“No doubt, INEC is saddled with so many responsibilities ranging from the registration and regulation of political parties, registration of voters, delineation of constituencies, conduct of elections/bye-elections/referendum/recall and prosecution of electoral offences, among others. The tasks are Herculean.
“Of the numerous responsibilities carried out by the Commission, the prosecution of electoral offenders, has been one of the most challenging. For instance, since the 2015 General Election, 125 cases of electoral offences were filed in various courts out of which 60 convictions have been secured so far, including the most recent one in Akwa Ibom State.”
The Commission, Yakubu added, “would like to see more successful prosecution of offenders, not just of ballot box snatchers and falsifiers of election results but most importantly their sponsors. We look forward to the day when highly placed sponsors of thuggery, including party chieftains and candidates that seek to benefit from violations of the law are apprehended. We believe that the work of the proposed Commission will help in this regard.”
He was particularly effusive in expressing the Commission’s appreciation both to the leadership of the National Assembly and the sponsors of the Bill
“On behalf of the Independent National Electoral Commission (INEC), I would like to thank the leadership of the National Assembly and of the Senate Committee on INEC for the giant step of organising this public hearing.
“Similarly, I would like to thank the trio of Sen. Abubakar Kyari (Borno North), Sen. Ovie Omo-Agege (Delta Central) and Senator Kabiru Gaya (Kano South) for sponsoring the Bill. I recall that Sen. Kyari, in particular, has been working on this Bill since 2016 when he was Chairman of the Senate Committee on INEC in the 8th Assembly.
“At last, we are here today for public input into the Bill for the establishment of the Electoral Offences Commission 13 years after the recommendations of the Uwais Committee (2008), echoed by the Lemu Committee (2011) and, most recently, the Nnamani Committee (2017).
“In addition, there are recommendations along the lines of the Uwais Committee from the reports of Police investigation, INEC administrative enquiries, court judgements, reports by the National Human Rights Commission (NHRC) and reports by several accredited election observers,” he said.
Yakubu disclosed that the Commission will submit a detailed clause-by-clause comment on the Bill to the Senate Committee on INEC ahead of the commencement of the Committee’s technical work.
“Finally, I wish to restate the Commission’s support for this Bill and we commend the initiative of its sponsors and the commitment of the leadership as well as the membership of the National Assembly to its actualisation, he stated.
A coalition of 14 civil society groups, on Tuesday decried the slow progress in the National Assembly over the passage of the Electoral Act Amendment Bill, contending that Nigerians demand that their elected representatives respond to the urgent need for an electoral legal framework that genuinely strengthens the electoral processes and procedures, promotes inclusivity and addresses impunity. It also warns that inability to pass the Bill on time may negate the conduct of a free, fair and credible election in the country.
“Elections remain the fulcrum and constant cardinal feature in a democracy. It is important to protect all conditions and instruments required to conduct free, fair and credible elections to ensure that “the sovereign will of the people” prevail always.
“The seeming lack of progress in the National Assembly on the Electoral Act Amendment bill is therefore worrisome. Nigerians demand that their elected representatives respond to the urgent need for an electoral legal framework that genuinely strengthens the electoral processes and procedures, promotes inclusivity and addresses impunity. The continued delay in concluding the process is reminiscent of the failed process in 2018 and attendant impact on the 2019 General Election,” the coalition argued at a press conference in Abuja on Tuesday.
Anxious Nation
At the last Joint Public Hearing on the Electoral Act 2020 held in early December, the Senate President, Dr Ahmad Lawan had assured an anxious nation that a new Electoral Bill would be ready for presidential assent by the end of March 2021. He also affirmed that both arms of the Legislature had resolved to give Nigerians a transparent election.
“We’ve resolved to abide by the legislative targets and agenda that we’ve set for ourselves. We shall work assiduously to pass the Electoral Act 2020 before the first quarter of 2021. We also intend to pass the PIB before the second quarter of 2021,” Lawan said.
Showering encomiums on the civil society for its push for a new Electoral Act to mitigate the deficiencies in our elections and for “keeping everyone on its toes,” the Senate President pleaded with the civil society not to “push us too much” but to “pray and partner with us to achieve our targets”.
Recalling his more than 20 year stay in the Senate, he quips, “As an active participant in the Electoral System since 1999, my experiences in the six elections (1999, 2003, 2007, 2011, 2015 and 2019), that I’ve contested and won have been different. What is perhaps common is the demands of our people that their votes should count. Even when they lose, they want to see that the game is fair.”
Restating that nothing can be more important than ensuring that the process of electing our leaders is transparent, the Senate President affirmed that, “We are resolutely committed to giving Nigerians a transparent election.”
Pussyfooting
But frowning at the pussyfooting over the vital bill, the coalition says, “The Ninth National Assembly, under the leadership of the Senate President, Ahmed Lawal and the Speaker of the House of Representatives, Femi Gbajabiamila, promised Nigerians a people-responsive Electoral Act by the first quarter of 2021.
“We are now in the second quarter of 2021 and the Electoral Act Amendment Bill is yet to be presented for third and final reading in both chambers of the National Assembly. This process is required before the Bill can be transmitted to the President for his assent.”
“The Ninth Assembly has an obligation to work expeditiously on passing the Electoral Act Amendment Bill 2021 and pass same to the President for assent. This is an urgent national priority. Together with Nigerians, we firmly believe that if the current electoral legal framework is not reviewed and reformed, it will have negative impact and consequences for democratic consolidation.
“The NASS must recognise that passing the Electoral Bill in good time will engender expeditious action by the executive. The speedy enactment of the Bill will give the Independent National Electoral Commission (INEC), the legal clarity to adequately plan and efficiently conduct future elections, particularly the Anambra governorship election scheduled for 6 November 2021.
“Consequently, we join our voices with millions of Nigerians to call on the National Assembly to speed up the process for the passage of the Electoral Act Amendment Bill. In the same vein, we call on the President to speedily assent to the bill and deliver a brand-new Electoral Act 2021 to Nigerians ahead of the 2021 democracy day celebration on 12 June 2021” the coalition assert.
“We commend the contributions and resilience of Nigerians, the Civil Society, political actors, development partners and other relevant stakeholders in their relentless pursuit for an Electoral Act that engenders participation, inclusiveness, transparency and credibility of the electoral process.
“We also commend the efforts of the Senate and House of Representatives’ Joint-Committee on INEC and Electoral Matters in ensuring that Nigeria gets a new and improved electoral legal framework.
“We remain hopeful that these collective commitments and partnership further translates to the passage and enactment of a new Electoral Act that works for all Nigerians. We remain resolute in our demand to the leadership of the Ninth Assembly to ensure it writes its name in gold by delivering to Nigerians a new Electoral Act that prioritises citizens demands,” it added..
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