The Independent National Electoral Commission (INEC) has accused the Socio-economic Rights and Accountability Project of misrepresenting the facts on the issue of prosecution of electoral offenders arising from the 2023 general elections, giving copious explanations on the steps taken to ensure compliance with the law.

In a statement issued by its National Commissioner and Chairman of the Information and Voter Education Committee, Sam Olumekun, in response to a contempt suit filed by the Socio-Economic Rights and Accountability Project (SERAP) against INEC chairman Professor Mahmood Yakubu, INEC blamed the delay in prosecution on the slow pace of work in the judiciary.

In the suit, SERAP accused INEC of non-compliance with a court pronouncement by Justice Obiora Egwuatu of the Federal High Court, Abuja on July 18, “to pursue cases of bribery against state governors and their deputies, as well as other electoral offences committed during the 2023 general elections,” and “to seek the appointment of independent counsels to investigate allegations of electoral offences, including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections,”, the electoral commission has not acted in that regard.

Responding to SERAP, INEC accused the civil society organisation of misrepresenting the facts on the matter to the public. INEC, in the statement further gave the details of its collaboration with the Nigerian Bar Association (NBA) and the Economic and Financial Crimes Commission (EFCC) to nab the suspected electoral offenders in the 2023 elections.

Justifying its effort, the election management body stated that the judicial system of the country does not make the prosecution of electoral offences time-bound, unlike pre-election and post-election matters which must be determined within 180 days at the trial court/tribunal and a maximum of 60 days at each layer of appeal as stated by the law, adding that the commission has been calling for electoral reform to correct this constraint.

Additionally, INEC clarified that the Governors and Deputy Governors listed by the SERAP are immune from prosecution under the constitution. As a result, there is no evidence in the electoral record that any of them have been arrested or investigated, and no case has been established to begin their prosecution.

The electoral commission also recalled that it previously declared it had received 215 case files from the Nigeria Police after they arrested and investigated suspected electoral law offenders across the country. Mr. Olumekun also stated that the commission has 163 files of 536 suspects for the Governorship and State Assembly elections, including the suspended Resident Electoral Commission, Hudu Yunusa-Ari, who is being prosecuted in court, as well as 52 files involving 238 alleged offenders during the Presidential and National Assembly election.

The statement partly reads “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 or investigated and a prima facie case was established to initiate their prosecution.

“Furthermore, if SERAP had done a 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 a 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 Section 145 (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 at 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”, Mr Olumekun said.