The Independent National Electoral Commission (INEC) has explained why prosecuting electoral offences takes a long time. INEC Chairman, Prof. Mahmood Yakubu, addressed the issue during the first regular quarterly consultative meeting with the media in Abuja on Friday.
Yakubu noted that one of the main reasons for the slow prosecution of electoral offences is the lack of a strict timeframe, unlike post-election cases handled by election tribunals. He stated that electoral offences are often not given priority, which causes delays, sometimes stretching from one election cycle to another.
“Judicial and legislative action in the last few days underscore our effort to deal with offences involving officials of the Commission assigned to carry out designated responsibilities. However, it also highlights the challenges we face in dealing with electoral offences,” he said.
He pointed out the case of a Returning Officer in Akwa Ibom State, who was successfully prosecuted for an offence from the 2019 General Election. Yakubu explained that it took nearly six years to complete the trial, showing how long such cases can take before reaching a conclusion.
INEC, in collaboration with the Nigerian Bar Association (NBA), is currently prosecuting 774 individuals accused of electoral offences in the 2023 General Election. Some successful prosecutions have already been recorded in Kebbi and Kogi states. Additionally, INEC’s partnership with the Economic and Financial Crimes Commission (EFCC) on vote-buying cases has led to convictions in Lagos, Kwara, and Gombe states. However, many cases remain unresolved.
Yakubu further noted that another major challenge is that only Magistrate and State High Courts handle these cases in the locations where the offences occurred. Since these courts deal with various other legal matters, electoral cases do not receive priority treatment. As a result, offences are carried over from one election to another, making prosecution difficult.
“It is therefore imperative to renew our call for the creation of the Electoral Offences Tribunal that have a specific jurisdiction and limited timeframe for the speedy dispensation of cases,” he added.
