INEC Roll out Benefits Of Proposed National Electoral Offences Commission
The Chairman, Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, says it is anticipating the day when highly placed sponsors of thuggery and high-profile figures that seek to benefit from violations of the law are arrested and prosecuted.
Prof. Yakubu made this known while speaking at the public hearing on the Bill for an Act to establish the National Electoral Offences Commission and Related Matters, organised by the House of Representatives Committee on Electoral Matters in Abuja on 23rd August 2022, he said INEC would also like to see more successful prosecution of offenders, not just ballot box snatchers, falsifiers of election results and vote buyers at polling units.
According to INEC Chairman, the proposed Commission would facilitate the attainment of such an objective.
Although he regretted that the Commission had found the responsibility of prosecuting electoral offenders under the Electoral Act very challenging due to what he described as “obvious constraints”, Prof Yakubu insisted that the reform of the electoral process would not be complete without effective sanctions on violators of the law.
He explained: “For instance, since the 2015 General Elections, 125 cases of electoral offences were filed in various courts out of which only 60 convictions have been secured so far, including the most recent one in Akwa Ibom State.
“INEC is an electoral commission with extensive responsibilities, which include the registration and regulation of political parties, the monitoring of party and campaign finance, their primaries, congresses, meetings and conventions; nationwide Continuous Voter Registration (CVR) and the maintenance of the national register of voters; creation of polling units; delimitation of electoral constituencies; voter education and publicity; management of electoral logistics; recruitment, training and deployment of election duty officials.
“Other responsibilities include the conduct of numerous off-cycle and bye-elections; innovations to promote inclusivity and electoral integrity; election security in consultation with the security agencies; strategic engagement with stakeholders; formulation of regulations, guidelines and manuals for the conduct of elections and electoral activities to give clarity to the provisions of the Constitution and Electoral Act; and maintenance of extensive physical assets (offices, residential accommodation and other facilities) nationwide. In many jurisdictions, some of these responsibilities are carried out by distinct and autonomous agencies.”
For those who believe that there was no need for the expansion of the federal bureaucracy by the establishment of a new Commission, the INEC Chairman argued that the National Electoral Offences Commission should be an exception.
He said: “while there are other security agencies that deal with economic and financial crimes, I am yet to hear anyone who, in good conscience, thinks that it is unnecessary to have established the anti-corruption agencies.”
Prof. Yakubu said the Commission’s team had studied the 46 Clauses of the Bill and made 16 comments. He drew attention to Clauses 33(1) and 44. On the former, he said the conferment of jurisdiction on the Federal, State and FCT High Courts to try offenders under the Bill would put further pressure on the already over-burdened courts. Therefore, he proposed that the Electoral offences Tribunal be established with exclusive jurisdiction to try electoral offenders.
