INEC renews call for electoral Offences Tribunal, cites delays in justice delivery

The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, has reiterated the urgent need for a dedicated Electoral Offences Tribunal, citing the inefficiencies of Nigeria’s current judicial system in delivering timely justice for electoral crimes.

Speaking at a media consultative meeting in Abuja on Friday, Yakubu highlighted the significant delays in prosecuting electoral offenders, pointing to a recent conviction of a Returning Officer in Akwa Ibom State, which took nearly six years to reach a conclusion.

The prolonged trial, he argued, exemplifies the major flaws in the existing framework and underscores the necessity for reform.

“It took nearly six years to achieve a successful prosecution at the trial court,” Yakubu stated. “This delay undermines efforts to deter electoral fraud and hold offenders accountable.”

Under the current legal framework, electoral offences are prosecuted in Magistrate and State High Courts, where they compete for attention alongside numerous other criminal cases.

Unlike election petitions, which are bound by strict legal deadlines, electoral offences often linger in the judicial system for years, sometimes overlapping with subsequent election cycles. This, Yakubu noted, renders justice ineffective and weakens the deterrent effect of prosecution.

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“A major obstacle is that electoral offences are not time-bound,” he explained. “They are carried over from one general election to another, which affects the diligent prosecution of cases.”

The ramifications of these delays are dire. With offences such as vote-buying, election rigging, and other forms of malpractice continuing unchecked, perpetrators operate with impunity, knowing that consequences are neither swift nor certain.

To address these shortcomings, Yakubu called for the establishment of a dedicated Electoral Offences Tribunal with exclusive jurisdiction over electoral crimes and a fixed timeline for adjudicating cases.

Such a specialized body, he argued, would expedite legal proceedings, enhance accountability, and fortify Nigeria’s democratic process.

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He urged lawmakers and relevant stakeholders to support this reform, stressing that a robust prosecution system is integral to strengthening electoral integrity. Additionally, he called on the media to amplify the campaign, emphasizing that public pressure could drive the necessary legislative changes.

Despite the institutional hurdles, INEC has recorded some success in prosecuting electoral offences. In collaboration with the Nigerian Bar Association and the Economic and Financial Crimes Commission (EFCC), the Commission is currently handling 774 cases stemming from the 2023 General Election. Some convictions have already been secured in states such as Kebbi, Kogi, Lagos, Kwara, and Gombe, particularly for vote-buying offences. However, many cases remain stuck in the judicial pipeline, reinforcing Yakubu’s argument for urgent reform.

“It is imperative to renew our call for the creation of an Electoral Offences Tribunal,” Yakubu stated. “I urge the media to join in this patriotic advocacy for the good of our electoral democracy.”

Beyond electoral offences, Yakubu also drew attention to the growing frequency of bye-elections necessitated by vacancies in legislative seats. In just the past three weeks, one federal constituency and two state constituencies have been left vacant due to the deaths of serving members.

In another instance, a legislator lost his seat due to prolonged absenteeism, in violation of the 1999 Constitution.

Despite these challenges, Yakubu reaffirmed INEC’s commitment to ensuring smooth electoral processes. However, without comprehensive reforms to expedite the prosecution of electoral crimes, he warned that the fight for credible elections in Nigeria remains an uphill battle.