‘INEC Learnt Nothing From General Elections’ — SERAP Demands Arrest Of Electoral Offenders In Bayelsa, Kogi, Imo

A civic group, Socio-Economic Rights and Accountability Project (SERAP), has asked the Chairman of the Independent National Electoral Commission (INEC) to identify perpetrators and sponsors of electoral offences in the off-cycle governorship elections in Bayelsa, Kogi and Imo States.

The electoral body had on Saturday held the elections across the three states, which were characterised by reported cases of vote buying and violence.

SERAP asked the Chairman of INEC, Professor Mahmood Yakubu, to call for a joint, credible, transparent and broad-based investigation into the allegations of electoral bribery and violence in the governorship elections.

In addition to identifying and arresting suspected perpetrators and their sponsors, SERAP also urged security agencies to ensure their prosecution, regardless of their political status or affiliations.

SERAP further asked the INEC boss to disclose the spending details on the governorship elections in Kogi, Imo and Bayelsa states, including the specific amount spent to conduct voter and civic education and activities carried out in these states.

In a letter dated November 11, 2023 and signed by SERAP Deputy Director Kolawole Oluwadare, the organisation said that if INEC is to live up to its constitutional and statutory responsibilities, it must take bold and effective measures to combat the culture of impunity for electoral bribery and violence in the country.

SERAP noted that the recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy.

The letter read in part: “INEC must acknowledge its own limitations and now embrace a transparent, credible, inclusive and broad-based investigation into the allegations of grave electoral offences in Kogi, Imo and Bayelsa states.”

“Electoral integrity is critical to a legitimate democracy. When the integrity of that process is compromised, the legitimacy of our government and the public confidence in our public institutions is seriously undermined.”

“Reports of grave electoral offences in Bayelsa, Kogi and Imo states have shown that INEC and politicians have learnt little or nothing from the well-documented problems during the 2023 general elections.”

“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel INEC to comply with our request in the public interest.”

“The right to vote is fundamental and is the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. Nigerians should have the final say in the election of governmental officials.”

“Persistent cases of bribery and violence in the country’s elections gravely violate Nigerians’ right to vote, which is central to the effective participation of every citizen.”

“Unless there is a transparent, effective, credible, inclusive and broad-based investigation into these allegations, and perpetrators and their sponsors are named and shamed and brought to justice, impunity for these electoral crimes will continue. And citizens will continue to lose confidence in the electoral process.”

“Nigerians have the right to know how INEC is spending public funds in the discharge of its constitutional and statutory responsibilities. It is in the public interest to publish the details of spending on governorship elections in the three states.”

“According to our information, the governorship elections in Kogi, Imo and Bayelsa states witnessed cases of electoral offences including electoral violence, vote-buying, conspiracy, and undue influence.”

“The proposed joint investigation should comprise of INEC, anti-corruption and law enforcement agencies, the Office of the Attorney General of the Federation, the National Human Rights Commission, the Nigerian Bar Association (NBA), and independent leaders and citizens’ groups from Kogi, Imo and Bayelsa states.”

“Electoral bribery and violence and other electoral offences undermine the ability of INEC to discharge its responsibilities under Section 153 of the Nigerian Constitution and paragraph 15(a) of the third schedule of the Constitution, and the Electoral Act.”

“Electoral bribery and violence and other electoral offences reportedly committed during the off-cycle governorship elections in the three states are contrary to the Nigerian Constitution, the Electoral Act and international standards.”

“The Nigerian Constitution provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’”

“Sections 121 and 127 of the Electoral Act prohibit electoral bribery and undue influence before, during and after any election. Section 145(2) provides that, ‘a prosecution under this Act shall be undertaken by legal officers of the Commission or any legal practitioner appointed by it.’”

“Under section 2(a) and (b), the commission ‘shall have power to conduct voter and civic education and to promote knowledge of sound democratic election processes.’”

“The crisis confronting the country’s elections and lack of public trust and confidence in the electoral process can be addressed if impunity for electoral bribery and violence is combated through a transparent, credible and effective investigation and prosecution of suspected perpetrators.”