The Independent National Electoral Commission (INEC) has refuted recent claims by the Socio-economic Rights and Accountability Project (SERAP), which accused INEC of failing to prosecute electoral offenders from the 2023 General Election.
In an issued statement yesterday, signed by its National Commissioner and Chairman of INEC’s Information and Voter Education Committee., Sam Olumekun, described the allegations as misrepresentations, stating that SERAP’s claims “fly in the face of facts already in the public domain”.
SERAP had alleged that INEC failed to prosecute certain Governors and Deputy Governors for electoral violations, including vote-buying, and that it did not engage private lawyers for these cases. However, INEC emphasised that Governors and Deputy Governors have constitutional immunity from prosecution, and that no records exist of any formal investigation or establishment of a prima facie case against them.
INEC also clarified its post-election actions, noting that it received 215 case files from the Nigerian Police regarding electoral law violations, which included 238 suspects for offenses during the Presidential and National Assembly elections, and 536 suspects related to the Governorship and State Assembly elections.
The Commission highlighted its proactive measures to ensure prosecution of these offenders, including collaboration with the Nigerian Bar Association (NBA), under former NBA President Yakubu Maikyau (SAN). This partnership resulted in the mobilisation of private lawyers, including Senior Advocates of Nigeria (SANs), who offered pro-bono services to assist in the prosecution process. INEC noted that successful prosecutions have already been recorded in Kebbi and Kogi States.
Furthermore, INEC reported its ongoing efforts with anti-corruption agencies, such as the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission, (ICPC), to combat vote-buying. A special joint prosecution team of lawyers from the EFCC and INEC was established, resulting in convictions in Lagos, Gombe, and Kwara states.
INEC acknowledged the slow pace of electoral offense prosecutions, attributing it to legal processes that are not time-bound, unlike pre- and post-election cases. It reiterated its call for electoral reform, including the establishment of an Electoral Offences Tribunal to expedite cases.
Assuring Nigerians of its commitment to justice, INEC urged organizations to rely on verifiable facts. “As an organisation 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”, the statement read.
