The Independent National Electoral Commission, INEC, has reiterated its call for the establishment of an Electoral Offences Tribunal, a move that represents a significant step toward reforming Nigeria’s electoral process.
The necessity of such a tribunal cannot be overstated, given the persistent challenges associated with prosecuting electoral offenders.
The slow pace of judicial proceedings, the overwhelming backlog of electoral cases, and the absence of a dedicated legal framework for electoral offences have all contributed to a culture of impunity.
Addressing these issues through a specialized tribunal is a crucial reform that could enhance the credibility and transparency of Nigeria’s democratic process.
One of the major challenges facing INEC is the prosecution of electoral offences. According to INEC Chairman Prof. Mahmood Yakubu, the commission is currently prosecuting 774 electoral offenders from the 2023 general elections in collaboration with the Nigerian Bar Association, NBA.
However, due to the sluggish nature of Nigeria’s judicial system, many of these cases remain unresolved for years.
The recent conviction of a returning officer in Akwa Ibom State (achieved nearly six years after the offence) exemplifies the inefficiency of the current system.
Unlike post-election petitions, which are time-bound and handled by specialized election tribunals, electoral offences are prosecuted in magistrate and state high courts, where they compete for attention with a myriad of other cases.
As a result, these offences often carry over from one election cycle to another, leading to a lack of deterrence.
By creating a specialized tribunal with exclusive jurisdiction over electoral offences, Nigeria can ensure that justice is swift and effective, thereby discouraging future violations.
Electoral malpractice has long plagued Nigeria’s democratic system. From ballot box snatching, to vote-buying, these infractions undermine the legitimacy of election outcomes and erode public confidence in the electoral process.
Though INEC’s collaboration with the Economic and Financial Crimes Commission, EFCC, in combating vote-buying has yielded some success, with convictions recorded in Lagos, Kwara, and Gombe states, however, the absence of a dedicated tribunal has made it difficult to ensure the timely prosecution and punishment of offenders.
Establishing an Electoral Offences Tribunal would therefore serve as a strong deterrent against electoral misconduct. Knowing that offences will be swiftly prosecuted and punished would discourage politicians and their supporters from engaging in electoral fraud.
Furthermore, a tribunal with a specific timeframe for handling cases would ensure that offenders are brought to justice before the next election cycle, preventing a recurrence of past violations.
For the Electoral Offences Tribunal to become a reality, legislative action is required. The National Assembly needs to pass laws defining the jurisdiction and powers of the tribunal, ensuring that it operates independently and effectively.
The media, civil society organizations, legal practitioners and other stakeholders must play a crucial role in advocating for this reform.
For instance, the judiciary must be equipped with the necessary resources to handle electoral offences efficiently. Training judges and legal practitioners on electoral laws and procedures will enhance their capacity to adjudicate cases fairly and expeditiously.
On their part, political parties and security agencies must commit to upholding electoral integrity by ensuring that their members do not engage in electoral offences.
Security agencies, in particular, must be trained and held accountable for maintaining law and order during elections, ensuring that offenders are apprehended and prosecuted.
The media is a powerful tool in shaping public opinion and influencing policy decisions. It is, therefore, essential for INEC to collaborate with the media to amplify its advocacy for the establishment of the tribunal—a request that underscores the critical role journalists play in democratic governance.
By educating the public on the importance of the tribunal, exposing electoral malpractice, and holding political actors accountable, the media can contribute significantly to the success of this reform.
The call for the establishment of an Electoral Offences Tribunal is not merely an INEC initiative; it is a necessary reform that will benefit Nigeria’s democratic process as a whole.
The tribunal will enhance accountability, deter electoral malpractices, and restore public confidence in the electoral system.
To achieve this, all stakeholders, including the government, judiciary, media, civil society, and political parties must collaborate to ensure that this reform is implemented.
The National Assembly must prioritize this legislative effort by introducing and passing bills that establish the tribunal with clear mandates and operational guidelines.
Furthermore, public engagement is crucial in ensuring that electoral reforms are not just policies on paper but implemented actions that bring about real change.
Civil society organizations, academic institutions, and international partners must also support Nigeria’s efforts in creating a fair and just electoral process.
Strengthening legal frameworks, enhancing institutional capacities, and fostering a culture of accountability will contribute to a more robust democratic system.
The urgency of this matter cannot be overstated. Nearly two years after the 2023 elections, numerous electoral offences remain unpunished. This highlights the pressing need for a tribunal that can handle electoral offences swiftly and effectively.
Nigeria’s democracy depends on credible elections, and establishing an Electoral Offences Tribunal is a necessary step toward achieving that goal. Without prompt action, the cycle of electoral malpractice will persist, undermining the nation’s democratic progress.
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