Lagos lawyer Femi Falana (SAN) has urged the Federal Government to set up an Electoral Offences Tribunal to successfully tackle violence and irregularities during elections.
The tribunal, he said, would be “an autonomous and ad hoc body, as it may not have much to do in between election period”.
Falana’s advice is in consonance with Ahmed Lemu Panel’s recommendation in 2011, which said electoral offenders ought to be prosecuted in order to stop electoral violence.
In a statement in Lagos titled: “How to stop political violence”, Falana said: “It is high time an end was put to the official endorsement of politically motivated violence in the country.”
According to him, President Goodluck Jonathan should set up the tribunal having signed the non-violence accord with the presidential candidates of other political parties.
Falana said should the federal government declined to do so, the Independent National Electoral Commission (INEC) should prosecute electoral offenders in accordance with Section 150 of the Electoral Act.
“But since the INEC lacks the capacity to discharge the onerous statutory duty, the Nigerian Bar Association (NBA) should take up the task of prosecuting electoral offenders throughout the country.
To ensure the success of his proposal, the lawyer said the NBA should be prepared to collaborate with the Body of Attorneys-General and the Nigeria Police, emphasising that “unless electoral offenders are punished as envisaged by the Electoral Act and the Constitution, the subversion of the democratic process would continue unabated”.
Ahmed Lemu Panel had in 2011, made a strong case for the setting up of “an autonomous and constitutionally recognised Electoral Offences Tribunal, but which may be an ad hoc body as it may not have much to do in between election period”.
Falana recalled that in 2007, President Umaru Yar’adua admitted that the election which brought him to power was flawed and that in a bid to sanitise the electoral system, he set up the Muhammadu Uwais’ Electoral Committee .
“Among other recommendations the Committee called for the establishment of an Electoral Offences Tribunal. The Yaradua Administration rejected the recommendation without any justification. However, following the political violence, which greeted the announcement of the results of the presidential election in some states in the North and Akwa Ibom in April 2011, President Goodluck Jonathan set up the Ahmed Lemu Panel to investigate the crisis.
“From the detailed report of the Panel, 943 people were killed while 838 others were injured. While the Federal Government has paid over N10 billion as reparation to the victims of the riots, the 626 suspects, who were arrested in connection with arson, culpable homicide and other grave offences perpetrated during the civil disturbances have been left off the hook on account of official impunity that has become the order of the day under the current political dispensation,” he recalled.
He argued that since Nigeria claims to operate under the Rule of Law, there is no justification that suspects involved in sabotaging the electoral process have not been charged to any criminal court.
According to him, “the crisis of impunity in the land has been compounded by the partisan involvement of the authorities of the police, the armed forces and other security agencies in the political process. “Although there are adequate and elaborate provisions in the Electoral Act, 2010 as amended and the penal statutes to deal with political violence and electoral malfeasance, the managers of the neo-colonial state lack the political will to bring electoral offenders to book,” he said.
Falana recalled that a few weeks ago, former Secretary-General of the United Nations (UN), Mr. Kofi Anan and the former Secretary-General of the Commonwealth, Chief Emeka Anyaoku, jointly presided over the signing of a Non-Violence Accord by the presidential candidates of political parties that are taking part in this month’s Election.
“At the well celebrated ceremony which held in Abuja the candidates of the two leading political parties embraced each other. While the media and several people were excited with the development. I expressed the view that the so called peace accord would not stem the tide of political violence in the country due to the violent nature of the electoral system coupled with official impunity.
“In a number of decided cases, the courts have held that candidates sponsored by political parties cannot be held vicariously liable for politically motivated violence and electoral malpractice carried out on their behalf unless they can be directly linked with instigating or directing their supporters to engage in such criminality. Indeed, political leaders usually dissociate themselves from acts of violence by condemning the perpetrators.
“However, if the suspects are charged to court the leaders turn round to engage the services of lawyers to defend them. In many cases, attorneys-general are directed to file nolle prosequi to stop the prosecution of suspects, who belong to the ruling parties. Hence, the cases of the hundreds of suspects charged to court by the Police for electoral offences committed during the 2003, 2007 and 2011 general elections were abruptly terminated in all the states of the federation,” he argued. Falana said Nigerians have witnessed a reign of terror by armed thugs, who have engaged in the bombing or burning of party secretariats; destruction of vehicles belonging to political parties; harassment of political opponents; wearing of masks by “security personnel” at campaign rallies; the extra-judicial killing and brutal attacks of innocent people at party congresses and primary elections; the unprovoked assault on judges; the throwing of stones at leaders among other vices in the last few months.
He noted that in spite of the warning by the electoral officials, the illegal use of official vehicles by public officers for political campaigns has continued adding: “top political leaders have continued to make inciting statements. A governor published a death wish advert, which could have provoked ethno-religious riots. Another governor attended a meeting where ex-militants threatened to declare war on the Republic if the President is “dethroned” in the forthcoming general election.
“ It is hoped that those who are beating the drum of war will be called to order by President Jonathan. After all, they never took part in the streets protests held in Lagos and Abuja, which compelled the National Assembly to recognise Dr. Jonathan as the Acting President in May 2010. Neither did they blackmail Nigerians from all parts of the country to vote for the President in 2011.
“With respect to the stoning of President Jonathan during a political rally in Bauchi, last week, Governor Isa Yaguda has pointed accusing fingers at some unnamed members of the ruling party. This is a serious allegation, which should be investigated by the Police with a view to bringing the culprits to book,” he said.
He said the bulk of the infractions of the Law highlighted above took place after the signing of the peace accord. The National Human Rights Commission (NHRC) has said “signing a peace pact is easy, the more difficult part is to ensure that the political office seekers and their supporters work within the rules of engagement”.
Falana pointed out the fact that office seekers and their supporters cannot operate within ‘the rules of engagement” if they are treated like sacred cows.
He posited that there is need to let political office seekers realise the fact that executive immunity does not cover election petitions and electoral offences.
Citing Turaki v. Dalhaltu (2003) 38 WRN 54 at 168 he said: “Oguntade JCA (as he then was) held that “If a governor were to be considered immuned from court proceedings, that would create the position where a sitting governor would be able to flout election laws and regulations to the detriment of other persons contesting with him. This will make a nonsense of the election process and be against the spirit of our national Constitution, which in its tenor provides for a free and fair election.”
