By Mercy Peter
The Independent National Electoral Commission (INEC) has refuted allegations made by the Socio-Economic Rights and Accountability Project (SERAP) accusing the Commission of not prosecuting electoral offenders from the 2023 general election.
INEC contended that SERAP’s claims lack factual basis, as the commission is playing its role in enforcing electoral law and prosecuting offenders.
SERAP had alleged that INEC failed to engage independent counsels to prosecute certain Governors and Deputy Governors for electoral violations among other allegations.
But responding, INEC in a statement on Wednesday 30 October 2024 said that the accusations “fly in the face of facts already in the public domain.”
The Statement which was signed by INEC’s National Commissioner, Sam Olumekun, explained why Governors and Deputy Governors can’t be prosecuted.
Olumekun said the governors and Deputy governors have immunity from prosecution, a provision that SERAP, as a legal advocacy group, should be well aware of.
He emphasized that INEC had not received any case files implicating these officials or establishing a prima facie basis for prosecution.
INEC also shared comprehensive updates on the status of cases from the 2023 election.
He said the Commission received 215 case files from the Nigeria Police. These files cover 238 suspects in 52 cases from the Presidential and National Assembly elections and 536 suspects in 163 cases from the Governorship and State Assembly elections.
He stressed that the files are actively being reviewed and pursued, extending beyond private individuals to include some high-ranking INEC officials, such as a Resident Electoral Commissioner currently being tried in Yola.
He also revealed that INEC is collaborating with the Nigerian Bar Association (NBA) to prosecute electoral offenders.
Olumekun further said that INEC is working closely with the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) to address vote-buying offenses.
This, he said had led to successful prosecutions in Lagos, Gombe, and Kwara States.
He further explained, “INEC acknowledged the inherent challenges in prosecuting electoral offenses, given that they are not time-bound, unlike pre- and post-election petitions, which have strict timelines for resolution.
“Electoral offenses must be prosecuted in the state where the offense occurred and are handled by state judiciary systems, which often lead to protracted proceedings. To address these challenges, INEC advocates for electoral reforms that would make such offenses time-bound, including the establishment of an Electoral Offences Tribunal.
Olumekun therefore urged organizations like SERAP to verify facts before making allegations. “SERAP ought to have availed itself of basic facts that are already in the public domain,” he stated.
