Daniel Ayantoye examines the urgent need for swift prosecution of electoral offenders and the recommendation to establish a separate commission for this purpose. The presidential and National Assembly elections held on February 25 were marred by controversies and irregularities, as were the governorship and House of Assembly elections conducted the following Saturday. Incidents of voter suppression, vote‑buying, and violence were reported, and several local and international observers judged the presidential election to be poorly conducted compared with recent polls. This outcome contradicts the promises made by the Independent National Electoral Commission (INEC) and security agencies to deliver a hitch‑free election.
Before the vote, INEC Chairman Prof. Mahmood Yakubu assured a delegation of the Commonwealth Election Observer Mission that credible elections would bring peace, good governance, and positive effects for the sub‑region, pledging that “we will never let Nigeria and the international community down.” Similarly, President Major General Muhammadu Buhari (retd.) reaffirmed his commitment to a credible election in his Independence Day speech the previous year, citing the Electoral Act 2022 as a landmark that would ensure a more transparent and inclusive process. Despite these assurances, the presidential and National Assembly polls were plagued by electoral offences such as vote‑buying, thugs’ invasions, ballot‑box and BVAS snatching, killings, harassment of electoral officers, alleged result manipulation, and other violations that have haunted previous elections. The Osun State governorship election of July 2022 is currently being contested at the Appeal Court on similar grounds.
Historical context shows that while the 2011 general elections were initially praised as well‑managed, post‑election violence claimed about 800 lives and displaced roughly 65,000 people, making it the most violent election to date. Violence recurred in 2015 and 2019, with voter inducement—now recognized as vote‑buying—becoming increasingly pronounced. In 2022, Yakubu reported that 125 cases of electoral offences from the 2015 and 2019 cycles had been filed in various courts, resulting in only 60 convictions. He emphasized the commission’s desire for more successful prosecutions.
For years, analysts, civil‑society groups, and lawyers have argued that INEC should be relieved of prosecuting electoral offenders so it can focus on conducting elections, while diligent prosecutions would deter future violations. In the absence of a dedicated commission, offenders often escape accountability. Speaking after the February 25 elections, Inspector‑General of Police Usman Baba told strategic police managers that the police recorded and responded to 185 major incidents, arrested 203 electoral offenders, and recovered 18 firearms from political thugs nationwide.
The idea of a dedicated commission has been discussed for many years, yet concrete action has been lacking. The National Assembly introduced a bill titled “An Act to Establish the National Electoral Offences Commission and for Related Matters,” first sponsored in 2019 by Senator Abubakar Kyari (Borno North). The Senate passed the bill in July 2021 and sent it to the House of Representatives, where it remains pending. The proposed legislation contains robust provisions that could sanitize the electoral process, prescribing severe penalties—for example, up to ten years’ imprisonment or a N20 million fine for hate speech that incites violence, a 20‑year jail term or N40 million fine for candidates or agents who damage or snatch ballot materials, and up to 20 years’ imprisonment without fine for those who undermine the nation’s unity.
The bill also outlines penalties for election officials who prevent voting, reject valid ballots, or for judicial officers who corruptly pervert electoral justice. Sponsored in the House by Chairman Aishatu Duku of the Committee on Electoral Matters, the bill aims to relieve INEC of prosecutorial duties, deeming it unrealistic for the commission to conduct free, fair elections while simultaneously prosecuting offenders. INEC has repeatedly advocated for the commission’s establishment. At a public hearing in August 2022, Chairman Yakubu called the bill “critical legislation,” noting that it has been part of national conversations on constitutional and electoral reforms for 13 years, with recommendations from the Justice Mohammed Uwais Committee (2009), the Sheikh Ahmed Lemu Committee (post‑2011 violence), and the Senator Ken Nnamani Committee (2017). He stressed that effective sanctions are essential for meaningful reform and that INEC’s current prosecutorial role under the Electoral Act is highly challenging.
Despite promises from Senate Committee Chairman on INEC, Kabiru Gaya, to pass the bill before the 2023 polls, the legislation remains stalled. Concerned about the outcomes of the Ekiti and Osun governorship elections, Chief Tony Ojukwu (SAN), Executive Secretary of the National Human Rights Commission, urged the House of Representatives in December to expedite the bill, arguing that its enactment would allow INEC to focus on credible polls while a dedicated commission handles prosecutions.
In an effort to promote peace, the National Peace Committee, chaired by Bishop Matthew Kukah of the Sokoto Diocese, drafted a peace deal signed by all 18 presidential candidates. Nevertheless, violence persisted, including the death of a pregnant woman in Rivers State, underscoring the need for effective deterrence through prosecution.
**Expert reactions**
Security expert Nnamdi Anekwe‑Chive warned that without proactive measures to curb electoral violence, voter participation will continue to decline. He noted that turnout fell from about 35 % in 2019 to roughly 27 % in 2023, attributing the drop to fear of violence sponsored by politicians. Anekwe‑Chive called for strong political will to arrest and prosecute offenders, emphasizing that the lack of consequences encourages further misconduct.
Political analyst Jackson Omenazu accused the legislature of deliberately delaying the Electoral Offences Commission bill, suggesting that many legislators benefit from electoral offences and thus resist the law. He advocated for a sovereign national conference with representation from all tribes to draft a new constitution, criticizing the 1999 constitution as serving a “criminal elite” and calling for comprehensive reform.
Conversely, Senior Advocate of Nigeria and former Nigerian Bar Association Secretary Afam Osigwe argued that establishing a new commission would waste resources. He contended that existing agencies—INEC, the police, the Economic and Financial Crimes Commission (EFCC), and the Independent Corrupt Practices Commission (ICPC)—are capable of handling electoral offences. Osigwe warned that creating a seasonal commission would strain the budget, add bureaucratic layers, and divert attention from pressing economic and security issues. He suggested strengthening existing security agencies, increasing funding, and improving judicial capacity instead of proliferating commissions.
The Lagos State police command has arraigned the electoral offenders arrested during the February 25 elections, stating that the matter has been handed over to INEC for prosecution. Police Public Relations Officer Olumuyiwa Adejobi clarified that the police investigate offences while INEC prosecutes, directing inquiries about prosecutions to the commission. Attempts to contact INEC National Commissioner and Chairman of its Information and Voter Education Committee, Festus Okoye, were unsuccessful.
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