INEC replies SERAP on prosecution of governors involved in electoral offences

The Independent National Electoral Commission (INEC) has firmly rejected allegations made by the Socio-economic Rights and Accountability Project (SERAP), which accused the commission’s chairman, Prof. Mahmood Yakubu, of violating a court order pertaining to the prosecution of electoral offenders.

INEC stated that these claims are unfounded and emphasized its commitment to upholding the rule of law and ensuring accountability in the electoral process.

The commission reiterated its dedication to addressing electoral offenses and maintaining the integrity of Nigeria’s democratic system.

INEC’s National Commissioner and Chairman of its Information and Voter Education Committee, Sam Olumekun, made this announcement in a statement issued on Wednesday in Abuja.

He noted that the commission had been made aware of media reports attributed to the Socio-economic Rights and Accountability Project (SERAP), which accused INEC of failing or neglecting to prosecute electoral offenders stemming from the 2023 General Election.

Olumekun emphasized that these allegations warrant clarification, as INEC remains committed to addressing electoral misconduct and ensuring that those responsible for violations are held accountable.

SERAP had specifically accused the Commission of failure to engage independent counsels to prosecute unnamed Governors and Deputy Governors for sundry violations of electoral laws.

It also accused the Commission of failing to engage private lawyers to prosecute other electoral offences, including vote buying during the same election. These allegations are untrue and fly in the face of facts already in the public domain.

However, INEC said in the first place, Governors and Deputy Governors have constitutional immunity from prosecution and that SERAP cannot be unaware of this constitutional provision. 

It added that in any case, it has no record that anyone of them has been arrested, investigated and a prima facie case established to initiate their prosecution. 

“Furthermore, if SERAP had done basic fact check, it would have known that at the end of the 2023 General Election, the Commission announced that it received 215 case files from the Nigeria Police following the arrest and investigation of alleged violators of the electoral laws across the country. These include 52 files involving 238 alleged offenders during the Presidential and National Assembly elections and 163 files in respect of 536 suspects for the Governorship and State Assembly elections.

“It is important to also inform the public that the Commission’s commitment to the prosecution of electoral offenders is not limited to persons who are outside the Commission. Indeed, officials of the Commission, some of them highly placed, have been affected, including a Resident Electoral Commissioner (REC) currently being prosecuted in a High Court in Yola. 

“Recognizing the need for their speedy prosecution and bearing in mind that the Commission does not have enough in-house lawyers, it engaged the Nigerian Bar Association NBA under the leadership of the immediate past President, Yakubu Maikyau SAN, for assistance. The NBA agreed, and a well-publicized joint press conference was held between the Chairman of the Commission and the President of the NBA. The Chairman of the Commission and other officials have also been providing updates to the public on the matter as simple google search will show.

“For the first time in the history of elections in Nigeria, concrete steps were taken between the NBA and the Commission to prosecute electoral offences. The NBA, working with a prominent and senior human rights lawyer, provided the Commission with a list of counsels nationwide, including Senior Advocates of Nigeria SANs, who volunteered to render pro-bono services. 

“Letters of instruction were given to them through the NBA and work commenced in earnest. As private lawyers, this satisfies the provision of Section145 (2) of the Electoral Act 2022 which empowers the Commission to engage external solicitors to assist it in the prosecution of electoral offences. So far, convictions/successful prosecutions have been recorded in Kebbi and Kogi States”, said Olumekun.