SERAP Asks INEC To Prosecute Governors For Election Violence

Socio-Economic Rights and Accountability Project (SERAP) has called on the Independent National Electoral Commission (INEC) to investigate allegations of election-related violence and bribery made against state governors and their deputies during the just-concluded general elections.

SERAP, which made the call in a letter dated March 25, 2023 and signed by its deputy director Kolawole Oluwadare, demanded that INEC should appoint an independent counsel to investigate allegations of electoral violence and other electoral offences.

The group, in the letter addressed to the chairman of INEC, Professor Mahmood Yakubu, threatened to drag the electoral body to court if those identified as suspected perpetrators and their sponsors who engaged in criminal activities during the elections were not probed, prosecuted and sanctioned.

It maintained that by allegedly engaging in electoral violence and other electoral offences in such a blatant fashion, suspected perpetrators and their sponsors have acted in violation of constitutional provisions, international standards and the Electoral Act.

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SERAP also argued that section 52 of the Independent Corrupt Practices and Other Related Offences Act allows INEC to seek an independent counsel to investigate allegations of electoral violence and other electoral offences such as bribery that any state governors and their deputies may have committed.

The group Advised that INEC should promptly collaborate with the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other law enforcement agencies to identify any politicians and their sponsors suspected to be responsible for electoral violence and other electoral offences during the elections.

It said identifying, arresting, investigating and prosecuting those suspected of perpetrating electoral violence and other electoral offences during the 2023 general elections would act as a deterrent against electoral violence in future elections.

SERAP also stressed that acting swiftly to address the brazen impunity and reports of electoral violence and other electoral offences during the 2023 general elections would also send a strong message to politicians that the INEC would not tolerate any infringement of the electoral process.

Its insisted that electoral violence is a threat to fair and representative elections, adding that it is inconsistent and incompatible with the principles of democracy, the rule of law, transparency and accountability for politicians allegedly using violence to disrupt the electoral process.

The organisation also stated, “When politicians and their sponsors decide to engage in electoral violence and other electoral offences rather than contest fairly for people’s votes, there are possibilities that such politicians will show a disregard for democratic rules and a disposition to adopt illegal means becomes inevitable.

“If voting is as important as INEC always claims it is, now is the time to take meaningful steps and action to end impunity for electoral violence and other electoral offences during elections.

“Ending impunity for electoral violence and other electoral offences promotes accountability of suspected perpetrators, and their sponsors ensure justice for victims, and ultimately advances the people’s right to vote and to participate in their government, as well as bolsters voter confidence in the electoral process.

“Identifying, investigating, naming and shaming those suspected to be involved in electoral violence and other electoral offences during the 2023 general elections will also send a powerful message to politicians and their sponsors that they will not get away with their crime against the Nigerian people.

“Electoral violence and other electoral offences reportedly committed during the 2023 general elections are contrary to the express provisions of the Nigerian Constitution, the Electoral Act and international standards.

According to SERAP, electoral violence and other electoral offences undermine the ability of INEC to discharge its responsibilities under Section 153 of the Nigerian Constitution and paragraph 15(a) of the third schedule of the Constitution, and the Electoral Act 2022.

It pointed out that the Nigerian Constitution provides in Section 14(1)(c) that ‘the provisions of this Constitution shall ensure the participation by the people in their government.

SERAP said “Sections 121 and 127 of the Electoral Act prohibit electoral bribery and undue influence before, during and after any election. Section 145(2) provides that a prosecution under this Act shall be undertaken by legal officers of the Commission or any legal practitioner appointed by it.’ Under section 2(b), the commission shall have the power to promote knowledge of sound democratic election processes.