INEC postpones prosecution of 197 electoral offenders

INEC postpones prosecution of 197 electoral offenders

The Independent National Electoral Commission (INEC) is reportedly yet to initiate prosecution against 197 electoral offenders, despite the passage of several months since the 2023 general elections, according to information obtained by reporters.

On May 2, 2023, INEC had announced its intention to prosecute individuals implicated in 215 cases out of the 774 individuals arrested for various electoral offenses by the Nigeria Police Force during the 2023 polls.

INEC had declared its partnership with the Nigerian Bar Association (NBA), which offered pro bono legal services to aid in the effective prosecution of these electoral offenders.

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However, an undisclosed high-ranking INEC official, speaking to a correspondent on Monday under the condition of anonymity, revealed that out of the 215 case files delivered to the commission, 197 of them pertained to electoral offenses and were designated to be managed jointly by INEC and the NBA.

The arrests had been made on various grounds, including dereliction of duty, criminal conspiracy, disorderly conduct during the election, possession of weapons, destruction of election materials, political thuggery, electoral violence, ballot box snatching, and theft of sensitive election materials, among other infractions.

The source clarified that the remaining 18 case files, which included charges of murder, had been returned to the police as they did not fall within the scope of electoral offenses outlined in the Electoral Act of 2022.

According to the source, “There are 197 NBA lawyers handling the 197 electoral offenders’ cases.

The remaining 18 cases were returned to the police because they did not squarely fall under the electoral offenses provided by the Electoral Act of 2022.”

The official noted that about 19 cases related to financial crimes would be managed by legal officers from the Economic and Financial Crimes Commission (EFCC) and those from INEC.

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These 19 cases had been investigated and compiled by the EFCC and were not among the cases forwarded by the police.

The commission had received just one case file forwarded by the Independent Corrupt Practices and Other Related Offenses Commission (ICPC).

However, the official admitted that the commencement of the prosecution process had yet to take place, primarily because the NBA lawyers appointed to handle these electoral offenses had not yet received letters of instruction from the commission.

He mentioned, “The commission is yet to commence prosecution. It is hoped that the letters initiating the NBA lawyers to start the prosecution would be issued this week.”

The source also raised the possibility of more electoral offenses arising from the upcoming off-cycle elections scheduled for November 11 in Kogi, Bayelsa, and Imo states.

When approached for a response, the Chief Press Secretary to the INEC Chairman, Rotimi Oyekanmi, pledged to obtain an update on the cases and provide a response later. As of the time of filing the report, he had not yet done so.