2023 Elections: NEC’s Process Of Investigating Offenses Is Flawed, NBA Tells NHRC
The Chairman of the Governing Council of the Human Rights Institute, an organ of the Nigerian Bar Association (NBA), Chinonye Obiagwu, alleged on Wednesday that the Independent National Electoral Commission’s investigation of offences arising from the 2023 general and off-cycle elections remains “flawed”.
Obiagwu, a Senior Advocate of Nigeria, made the allegation during the Post-Election Assessment and Review Forum on Human Rights in the 2023 General Elections, organized by the National Human Rights Commission(NHRC).
He said one of the issues that NBA was concerned about in the 2023 election is the prosecution of electoral offences.
He maintained that INEC has not done enough in prosecuting electoral offences because “the process of investigating electoral offences is flawed.”
Obiagwu added that even when the electoral umpire forwarded case files of electoral offenders to the NBA for prosecution,”there was nothing to prosecute in the case files.”
He advised INEC to work closely with law enforcement agents in prosecuting electoral offences as well as explore its inherent administrative organs to review disputed elections and come up with solutions.
Obiagwu added that the 180-day constitutional timeline set out for the conclusion of election petitions is negatively affecting justice delivery because about 400 judges have to abandon cases in their dockets to preside over electoral matters.
He cited an example of a murder case he was involved in that was adjourned to 2025 by a superior court.
The SAN disclosed that the NBA set up situation rooms for the election and therefore had realtime information on what was going on across the country.
On his part, Dada Babatunde, Director, Legal, Police Service Commission, said though there are several accusations of irregularities during polls, a critical assessment of the Electoral Act and the election indicates that substantial progress has been made in Nigeria’s electoral process.
“The 2023 general and off-circle elections call for improving the electoral system in Nigeria,” Babatunde said.
Babatunde said the Nigeria Police Force must be commended for exhibiting a high sense of professionalism at the polls.
He urged relevant stakeholders to take a look at which institution should have the power to order the arrest of electoral offenders.
In his welcome address, the NHRC Executive Secretary, Tony Ojukwu, a Senior Advocate of Nigeria, said the Commission followed up with the human rights issues before, during and after the elections and was committed to calling out violations that trailed the poll.
“The elections were characterized by many challenges, including reported cases of disenfranchisement, voter intimidation, violence on electorates and electoral staff, allegations of result manipulations and other electoral vices.
“The periods leading to the elections witnessed prolonged campaigns, the longest in the Nigeria’s democratic history and characterized by hate speeches and heightened political tension. Human Rights violations by state and non-state actors characterized political activities leading to the elections, on election day and after the polls,” Ojukwu observed.