Why electoral impunity persists – INEC chief

The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, on Thursday called for the establishment of electoral offences commission to reduce electoral impunity in the country.

He said electoral offences commission would reduce “the brazen impunity with which electoral offences are committed.”

Yakubu spoke at the Fifth Criminal Justice Reform Conference in Asaba, Delta State, organised by the Nigerian Bar Association (NBA) Criminal Justice Reform Committee chaired by Chief Arthur Obi Okafor (SAN).

On why electoral offences persist, the INEC chairman, represented by a National Commissioner and Head of Legal, May Agbamuche-Mbu, said most electoral offences were poorly investigated by the police.

He said: “Another hurdle against the effective prosecution of electoral offences is the abject inefficiency of the criminal investigation machinery in Nigeria.

“The success or otherwise of the case of the prosecution depends largely on investigation. The Commission’s legal officers rely on the outcome of the investigation conducted by the police.”

Yakubu said investigating police officers usually return to their various postings after elections, while ad-hoc staff, such as those on national youth service, may have passed out before investigation is concluded.

“The lack of statutory powers of the Commission to make arrest and investigate violations has seriously impeded successful prosecution of electoral offenders.

“It is in view of the challenges to effective prosecution of electoral offences in Nigeria that recommendations have been made by INEC itself and other stakeholders for an independent body to be established to handle prosecution of electoral offences with such powers as conferred on the EFCC and ICPC to arrest, investigate and prosecute electoral offenders,” he added.

Yakubu said a Bill for an Act to Establish the National Electoral Offences Commission was being considered by the National Assembly.

“The creation of the National Electoral Offences Commission conferred with powers to arrest, investigate and prosecute all election offenders will go a long way in reducing the spate of brazen impunity with which electoral offences are committed in this country.

“It is envisaged that the bill when eventually passed into law, will ensure speedy and effective prosecution of electoral offenders and strengthen our electoral process, particularly the conduct of peaceful, credible, transparent free and fair elections consistent with international standards and best practices,” he said.

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