SIR: Your editorial titled Reform Overdue published on February 17 underscores the urgent need to enhance the Independent National Electoral Commission’s (INEC) capacity to prosecute electoral offenders. The editorial rightfully supports INEC’s call for the creation of a dedicated tribunal to expedite the prosecution of electoral offences, a move that is critical for strengthening Nigeria’s democracy.
INEC has long struggled with the legal bottlenecks that delay the prosecution of electoral offenders, which in turn fosters a culture of impunity. During the commission’s first quarterly consultative meeting in Abuja with the media in 2025, INEC chairman, Professor Mahmood Yakubu, reiterated the necessity of establishing a special tribunal dedicated to handling electoral offences. He emphasized that the existing legal framework, which assigns electoral offence cases to magistrates and state high courts, often leads to indefinite delays, as these courts prioritize a wide range of other cases over electoral matters. Consequently, electoral offences are carried over from one election cycle to another, significantly weakening the deterrent effect of prosecution.
The current state of electoral justice in Nigeria is deeply flawed. Cases involving electoral misconduct are treated as ordinary offences, failing to recognize the existential threat they pose to democratic integrity. When offenders escape justice due to prolonged legal processes, it emboldens future violators and erodes public confidence in elections. If left unchecked, this state of affairs could further deepen political apathy, as citizens may perceive the inability to prosecute offenders as an institutional failure or, worse, unwillingness to address electoral malpractice.
Professor Yakubu’s proposal for an electoral offences tribunal is a pragmatic and necessary reform. A dedicated tribunal will ensure swift prosecution, alleviate the burden on civil courts, and serve as a crucial mechanism for upholding electoral integrity. Without an efficient legal structure to handle electoral offences, Nigeria risks normalising electoral malfeasance, which would have dire consequences for democratic stability.
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Some critics argue that creating a specialised tribunal would add to bureaucratic redundancy and strain the national budget. While fiscal prudence is a legitimate concern, it should not override the fundamental need to safeguard democracy. If the government can justify the establishment of geo-political commissions to drive regional development, then surely creating a tribunal to protect electoral integrity is an equally worthy investment. The sanctity of elections must be treated as a national priority rather than a secondary concern dictated by economic considerations.
INEC’s frustration with the slow pace of electoral justice is well-founded. Numerous electoral offence cases remain unresolved nearly two years after the 2023 general elections. This inefficiency highlights the pressing need for systemic reform. Without a swift and effective judicial mechanism, the credibility of future elections will remain in jeopardy.