With about five months to the 2023 general election, the plan by the House of Representatives to enact stringent laws against electoral offences should be applauded. The bill for the establishment of the National Electoral Offences Commission, which was sponsored by the Chairman, Committee on Electoral Matters, Hon. Aishatu Dukku, Hon. Kingsley Chinda and Hon. John Dyegh, would provide the legal framework for investigation and prosecution of electoral offences for the general improvement of the nation’s electoral process.
In the “Bill for an Act to Establish the National Electoral Offences Commission,” the lawmakers recommend, among others, 15-year jail term for any person convicted of vote-buying in any election, and 20 years jail term or a fine of N40 million for persons convicted of ballot box snatching. Similarly, any person convicted of hate speech or action which incites violence shall serve a minimum term of 10 years imprisonment or a fine of at least N40 million. Those convicted of breaching public peace at the venue of an election will serve a six-month jail term or pay a fine of N100,000. Also, security personnel and staff of INEC convicted of trying to influence an election in favour of a candidate in an election shall be liable to at least six-month imprisonment or a minimum of N500,000.
In the proposed law, any judicial officer convicted of perverting electoral justice will serve a 15-year jail term without option of a fine and at least 10-year jail term or a fine of N5million or both for anyone convicted of impersonating a candidate in an election. The proposed law has attracted reactions from the electoral umpire, civil society organisations and other stakeholders. The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, who spoke in support of the bill in Abuja, surmised that it would enable the commission to effectively prosecute electoral offenders, including high-profile politicians that sponsor electoral violence.
However, Yakubu called for an amendment of Clause 44 of the proposed law, which gave powers to the Attorney-General of the Federation to make rules and regulations with respect to the functions or powers of the proposed commission. According to the INEC boss, giving such powers to AGF would conflict with the work of the commission.
Furthermore, the Economic and Financial Crimes Commission (EFCC) opposed the bill on the ground that the Nigeria Police, Ministry of Justice, EFCC and ICPC had been empowered to investigate and prosecute the offences covered by the proposed law. While the Executive Director of Policy and Legal Advocacy Centre (PLAC), Clement Nwankwo, called for a reduction of the 20 years imprisonment and N40 million fine in line with reality, the Chairman of the Inter-Party Advisory Council (IPAC), Yusuf Sani, said the political parties would add their input to the bill. The House of Representatives should take into cognizance all reservations on the bill as well as the input of relevant stakeholders before passing it.
Having in place the National Electoral Offences Commission that will provide the necessary framework for investigating and prosecuting of electoral offenders is long overdue. All electoral reform committees, including those headed by Justice Mohammed Uwais in 2009, Sheik Ahmed Lemu in 2011 and Senator Ken Nnamani in 2017, recommended the establishment of the electoral offences commission. We hope that the new attempt to have an electoral offences commission will see the light of the day. It is sad that past efforts to reform the electoral system did not work. The failure to prosecute past electoral offenders has emboldened more people to commit more of such infractions in our recent elections. That is why ballot box snatching, vote-buying are seen as threats to a free and fair election in 2023 if nothing is done now to curb them. The 2019 general election witnessed cases of rigging, vote-buying and electoral violence.
Unfortunately, out of the 125 cases of electoral offences filed in courts since the 2015 general election, only 60 convictions were secured. If the law establishing the electoral offences commission is passed and signed into law before the 2023 elections, it will enhance the transparency of the exercise. It will also lead to more diligent prosecution of electoral offences as well as securing more convictions.
And if the sponsors of vote-buying, thuggery and violence are apprehended and prosecuted, it will deter others from doing so. Following the successes recorded in the governorship elections in Ekiti and Osun states, we believe that the establishment of the proposed law will significantly improve the nation’s electoral processes.