It appears that successive governments in Nigeria have continued to condone electoral offences. Offenders usually go unpunished despite provisions of the law, thus encouraging them to continue with the practice. When thugs are unleashed on polling units and collation centres, it matters little if they were apprehended by the law enforcement agents, as their sponsors would pull the strings to get them freed. This practice has reduced elections in Nigeria to battles won by those who could arm “private armies” and unleash them on hapless citizens who turn out to perform their civic duties on election days.
In realisation of this, the Independent National Electoral Commission (INEC), the body saddled with the task of managing the election process, has consistently called on the Federal Government to establish an Electoral Offences Commission that would take the responsibility of apprehending offenders and prosecuting them. The electoral commission explained that it could not take up the responsibility given the huge number of those involved and the difficulty of walking the labyrinth of the judicial process.
Yet, despite this position being affirmed by the Uwais Commission established by the late President Umaru Yar’Adua, governments, both the executive and legislative arms thereof, have disregarded the recommendation, dismissing it as a mere duplication of government agencies. The 9th National Assembly should urgently consider giving legislative backing to this quest before the 2023 general elections if the process is to be robed with credibility.
However, in the meantime, the recent decision by the Nigeria Police Force to create special desks in each of the 36 state commends to handle the all-important assignment is welcome. The Inspector- General of Police, Mr. Usman Alkali Baba, who gave the directive also told the Assistant Commissioners of Police in charge of criminal investigations in the commands to take up the assignment, while the Commissioner of Police at the Force Criminal Investigations Department is to coordinate the activities. This is appropriate as the police force under the 1999 Constitution and the Police Act 2020 is the primary security agency saddled with investigation of crimes, apprehension of criminals and their prosecution.
We, however, expect that more detailed guidelines will soon be released to spell out the relationship between the NPF and other agencies involved in the administration of justice in this respect. Offices of the attorneys-general of the states of the federation need to be carried along so that the two bodies do not work at cross-purposes since the chief law officers have power to withdraw cases against electoral offenders arraigned before competent courts of law. The judges, too, should be sensitised to appreciate the need for speedy determination of such cases in the interest of the state as justice delayed is justice denied.
Where the law requires amendment to achieve the desired end, this should be done forthwith. The task of making the 2023 elections the best ever should not be left to passing the Electoral Act 2022 and this token step by the police force. The civil society groups, especially those involved in electoral reforms and election monitoring should start advocacy task early. They should interface with all stakeholders, including INEC, the police, the judiciary, international observer groups and foreign governments that have shown interest in Nigerian elections with a view to sanitising the system.
History beckons President Muhammadu Buhari to cooperate with the stakeholders in ensuring that brigandage during elections is curtailed. Strengthening the justice system and establishing the Electoral Offences Commission is a starting point. Where the political leaders have the will to reform the system, it will become sparkling clean. The President has promised to ensure that the next general elections are free, fair and credible. This should incorporate serving due sanctions to as many as step on the laws, irrespective of party loyalty.