SANs Divided Over Powers Of INEC To Prosecute Electoral Offenders

Senior and prominent lawyers in the country were last night divided over the powers of the Independent National Electoral Commission (INEC), to prosecute electoral offenders.

While some said INEC has such powers, others disagreed. They were reacting to the plans by the police to hand over electoral offenders to INEC.

A Senior Advocate of Nigeria and professor of law, Chief Awa Kalu, wondered why police said electoral offenders would be handed over to INEC for prosecution.

According to him, INEC does not have prosecutorial power to try offenders, adding that it is only the police that can do that.

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The SAN, also a former attorney-general of Abia State, said, “How can police say they will hand over electoral offenders to INEC, when obviously, they do not have prosecutorial power.

“I am aware that the Electoral Offences Commission Bill has not been passed into law. Electoral offences are criminal offence and it is only the police or the office of the AGF that have the power to prosecute.”

On his part, a prominent Senior Advocate of Nigeria, Mr Ahmed Raji, said the electoral body has the powers to prosecute electoral offenders. He said INEC is being unbundled and therefore, has such powers.

“INEC can prosecute, it is being unbundled now and therefore, can prosecute electoral offenders”, Raji said.

A constitutional lawyer, Barrister Paul Omoluabi, said INEC does not have such powers unless it is granted by the office of the AGF through a fiat.

He said according to the law, there is no power vested in INEC to prosecute electoral offenders.

“INEC does not have prosecutorial powers. It is the office of the AGF or the IGP that has such powers. There is no power vested in INEC to prosecute. If offences are criminal in nature, it is the police that has the power to try such cases.

“Except, if the AGF gives fiat to INEC to prosecute, otherwise, it is the duty of the police to prosecute”.

Barrister Edward Omaga, on his part said INEC can’t prosecute electoral offenders because they do not have the power to do so. “It is the office of the IGP and the AGF that can do so,” he said.