The Independent National Electoral Commission (INEC) has issued a strong denial against allegations put forth by the Socio-economic Rights and Accountability Project (SERAP), which claims that the commission’s chairman, Prof. Mahmood Yakubu, has violated a court order related to the prosecution of electoral offenders. INEC has characterized these accusations as unfounded and reiterated its commitment to upholding the rule of law as well as ensuring accountability throughout the electoral process in Nigeria.
In a statement released on Wednesday in Abuja, INEC emphasized its unwavering dedication to addressing electoral offenses and preserving the integrity of the democratic system in Nigeria. Sam Olumekun, the commission’s National Commissioner and Chairman of its Information and Voter Education Committee, highlighted that the commission has become aware of media reports attributing serious allegations to SERAP, which accused INEC of neglecting its duty to prosecute electoral offenders linked to the 2023 General Election.
Olumekun stated that these allegations require clarification, given INEC’s ongoing commitment to tackling electoral misconduct and ensuring accountability for those responsible for violations. SERAP had specifically accused INEC of failing to employ independent counsels to prosecute unnamed Governors and Deputy Governors for various violations of electoral laws, as well as for failing to engage private lawyers for other electoral offenses, including vote-buying during the same election cycle. INEC firmly contends that these allegations are untrue and misrepresent the facts already available to the public.
INEC further pointed out that Governors and Deputy Governors enjoy constitutional immunity from prosecution, a fact that SERAP should not overlook. Additionally, the commission stated that it has no records indicating that any of these officials have been arrested or investigated to the extent necessary for establishing a prima facie case to initiate prosecution. Olumekun emphasized, “If SERAP had conducted a basic fact check, it would have discovered that following the 2023 General Election, the Commission received 215 case files from the Nigeria Police related to the arrest and investigation of alleged violators of electoral laws across the nation. This includes 52 files involving 238 alleged offenders from the Presidential and National Assembly elections, as well as 163 files concerning 536 suspects for the Governorship and State Assembly elections.”
Moreover, INEC has indicated that its commitment to prosecuting electoral offenders is not restricted to individuals outside the Commission. Some high-ranking officials within the Commission, including a Resident Electoral Commissioner (REC), are currently facing prosecution in a High Court in Yola for their roles in electoral misconduct. Recognizing the urgent need for swift legal actions and the limited number of in-house lawyers available, INEC engaged the Nigerian Bar Association (NBA) under the leadership of the immediate past President, Yakubu Maikyau SAN, for support. The NBA responded positively, leading to a well-publicized joint press conference between the Chairman of the Commission and the NBA President.
Olumekun added, “For the first time in Nigeria’s electoral history, concrete measures have been implemented between the NBA and the Commission to prosecute electoral offenses. The NBA, collaborating with a prominent senior human rights lawyer, provided INEC with a nationwide list of volunteer counsels, including Senior Advocates of Nigeria (SANs), who agreed to offer pro-bono legal services.” He noted that letters of instruction were dispatched to these lawyers through the NBA, and work on prosecuting electoral offenders commenced earnestly. The Commission has noted that this engagement of external solicitors aligns with the provision of Section 145 (2) of the Electoral Act 2022, which allows the Commission to seek external legal assistance in prosecuting electoral offenses. Olumekun concluded by stating that successful convictions have already been achieved in Kebbi and Kogi States as a result of these efforts.