What should authorities do with list of electoral offenders?

There is the need for the government to take an action on the
report of the National Human Rights Commission which recently
reeled out the names of politicians found culpable in election
frauds across the country. Electoral fraud is a serious offence. If
the NHRC, which is known for thoroughness, comes up with a report,
indicting high-profile politicians, one expects the government to
take the matter seriously.

Unfortunately, that may not happen. It is only a government that
is serious that would take an action on such a report.

The problem we have is that those at the helm of affairs do not
handle issues with the zeal and seriousness they require. The
Nigeria Police Force and other relevant agencies are not doing
their job. And this laxity is in all aspects of our national life;
most public officials do not rise to the challenge.

Interestingly, the NHRC report provides an opportunity for the
government to send a strong message to those who rig elections.
Unfortunately, it would miss the opportunity. When relevant
authorities pretend that such a report is not important, people
would continue to rig elections with impunity.

The Attorney General of the Federation and Minister of Justice
and the Nigeria Police Force should know the right thing to do in
order to bring the indicted individuals to justice.

Theoretically, before prosecution commences, there is the need
for a thorough investigation.

So, the NPF and the AGF need to ascertain the level of the
involvement of those indicted by the report. After that,
prosecution could commence.

Except one sees a copy of the original report, one would not
know the exact offences committed.

However, the police, generally speaking, are expected to
investigate any report linking individuals to an unlawful practice
and act in accordance with the law.

When an issue like the report by the National Human Rights
Commission comes to the public domain, the first question we need
to ask is: which laws are applicable? Electoral offences are
already covered by existing laws.

If there are laws on electoral offences, there should be an
authority which should enforce the laws. So, we should not expect
the Presidency to respond to every issue or to give an instruction
before the relevant agency takes an action. We have agencies that
are supposed to handle different offences. Those agencies must not
wait for an instruction from the Presidency before they act.

The problem we have is that the relevant agencies do not address
issues timely. They would delay actions until when people begin to
complain and blame the government.

The Nigeria Police Force, the Attorney General of the Federation
and Minister of Justice and other authorities are established by
law to prosecute offenders. So, they have the legal powers to take
actions without waiting for an instruction from the President. What
are they doing with the powers given to them by the
constitution?

Established authorities should be proactive. The responsibility
of the Presidency is to give a general direction. The relevant
agencies should go after people who should be prosecuted or
investigated. That is what is obtained in other parts of the
world.

In the United States, relevant agencies go after those who
commit offences. The Central Intelligence Agency and the Federal
Bureau of Investigation do not care whether an offender is
connected to the President of the United States or not. They simply
do their job as specified by the law. That is what we should
do.

The electoral process is complicated and this is creating room
for misdemeanour. The Justice Muhammed Uwais Report, which
recommended the creation of an electoral offences tribunal, should
be implemented. That would, perhaps, reduce the challenges in the
electoral process.

Specifically, the civil society organisations need to raise the
bar of advocacy for speedy trial of electoral offenders. But such
trials should not be handled by a regular court. The offences
should be handled by an electoral offences tribunal.

I expect that the electoral laws would be amended to reflect the
urgent need for an electoral offences tribunal. Establishing an
electoral offences tribunal is a major decision we need to take to
reduce electoral frauds.

The National Human Rights Commission is a research-based
organisation. To that extent, its report cannot be a basis for
investigation or prosecution, except it is commissioned by the
Attorney General of the Federation and Minister of Justice. Also,
the AGF and Minister of Justice could raise legal issues on the
report, necessitating a further probe and prosecution.

The government is not expected to issue a White Paper on the
report. It should not be a basis for a White Paper. What I think
the Independent National Electoral Commission should do is to raise
a discussion on the report. Civil society organisations should also
put pressure on the National Assembly to amend the Electoral Act in
order to make electoral offences punishable.

But even if a new law on electoral offences is enacted now, it
cannot take a retroactive effect. My suggestion is that we should
work towards preventing electoral offences in the future. The best
thing we can do now is to name and shame those who were mentioned
in the report.

Otherwise, there is little or nothing we can do about the
report. This is because it is not a legal document. It cannot be a
basis for the prosecution of any individual. We should rather work
towards criminalising electoral offences.

The Federal Government must act on the report. What we expect
the government to do is to set up a review committee to ascertain
the degree of involvement of the indicted individuals and the
institutions that were mentioned.

Apart from politicians, some of the indicted people are
employees of public institutions, including the Independent
National Electoral Commission. The review committee should examine
the offence(s) committed by an indicted individual and recommend
the appropriate sanction(s).

Some of the offenders would be dismissed; others may have to be
retired. It is the committee that would determine the appropriate
disciplinary actions that should be taken. It would also determine
the appropriate court where the politicians who were involved in
the electoral malpractices would be prosecuted.

Nigeria is not serious about prosecuting lawbreakers. I do not
expect that weeks after the National Human Rights Commission
released the names of those who committed electoral frauds in the
past people would still be waiting to hear what the government
would do with the list. It means that we are not serious about
stopping people from breaking the law.

We know what electoral offences have caused this country. People
who were not elected are the ones ruling the country. Most ‘big
men’ in the country are above the law. We also know that the list
of electoral offenders is made up of highly placed individuals. The
security and law enforcement agencies consider those people as
untouchable.

There are agencies empowered by law to prosecute offenders. If
those agencies have refused to carry out their responsibilities, it
means nobody can do anything. The masses can only revolt. But the
agencies mandated by law are in a better position to take action
when laws are broken.

What this sort of laxity shows is that we are not serious about
fighting electoral offences. We have been complaining that no
electoral offender has been convicted. Why should the government
now ignore a glaring opportunity to show its readiness to set a new
precedent? It is only when we punish offenders that we can deter
the other people from breaking the law. Otherwise, we would
continue to promote impunity.

Compiled by: Geoff Iyatse

The post What should authorities do with list of electoral
offenders? appeared first from online sources and was reposted by the community on Welcome to 9jalegal –
Nigeria’s Leading Legal Information and Services Portal.

There is the need for the government to take an action on the
report of the National Human Rights Commission which recently
reeled out the names of politicians found culpable in election
frauds across the country. Electoral fraud is a serious offence. If
the NHRC, which is known for thoroughness, comes up with a report,
indicting high-profile politicians, one expects the government to
take the matter seriously.

Unfortunately, that may not happen. It is only a government that
is serious that would take an action on such a report.

The problem we have is that those at the helm of affairs do not
handle issues with the zeal and seriousness they require. The
Nigeria Police Force and other relevant agencies are not doing
their job. And this laxity is in all aspects of our national life;
most public officials do not rise to the challenge.

Interestingly, the NHRC report provides an opportunity for the
government to send a strong message to those who rig elections.
Unfortunately, it would miss the opportunity. When relevant
authorities pretend that such a report is not important, people
would continue to rig elections with impunity.

The Attorney General of the Federation and Minister of Justice
and the Nigeria Police Force should know the right thing to do in
order to bring the indicted individuals to justice.

Theoretically, before prosecution commences, there is the need
for a thorough investigation.

So, the NPF and the AGF need to ascertain the level of the
involvement of those indicted by the report. After that,
prosecution could commence.

Except one sees a copy of the original report, one would not
know the exact offences committed.

However, the police, generally speaking, are expected to
investigate any report linking individuals to an unlawful practice
and act in accordance with the law.

When an issue like the report by the National Human Rights
Commission comes to the public domain, the first question we need
to ask is: which laws are applicable? Electoral offences are
already covered by existing laws.

If there are laws on electoral offences, there should be an
authority which should enforce the laws. So, we should not expect
the Presidency to respond to every issue or to give an instruction
before the relevant agency takes an action. We have agencies that
are supposed to handle different offences. Those agencies must not
wait for an instruction from the Presidency before they act.

The problem we have is that the relevant agencies do not address
issues timely. They would delay actions until when people begin to
complain and blame the government.

The Nigeria Police Force, the Attorney General of the Federation
and Minister of Justice and other authorities are established by
law to prosecute offenders. So, they have the legal powers to take
actions without waiting for an instruction from the President. What
are they doing with the powers given to them by the
constitution?

Established authorities should be proactive. The responsibility
of the Presidency is to give a general direction. The relevant
agencies should go after people who should be prosecuted or
investigated. That is what is obtained in other parts of the
world.

In the United States, relevant agencies go after those who
commit offences. The Central Intelligence Agency and the Federal
Bureau of Investigation do not care whether an offender is
connected to the President of the United States or not. They simply
do their job as specified by the law. That is what we should
do.

The electoral process is complicated and this is creating room
for misdemeanour. The Justice Muhammed Uwais Report, which
recommended the creation of an electoral offences tribunal, should
be implemented. That would, perhaps, reduce the challenges in the
electoral process.

Specifically, the civil society organisations need to raise the
bar of advocacy for speedy trial of electoral offenders. But such
trials should not be handled by a regular court. The offences
should be handled by an electoral offences tribunal.

I expect that the electoral laws would be amended to reflect the
urgent need for an electoral offences tribunal. Establishing an
electoral offences tribunal is a major decision we need to take to
reduce electoral frauds.

The National Human Rights Commission is a research-based
organisation. To that extent, its report cannot be a basis for
investigation or prosecution, except it is commissioned by the
Attorney General of the Federation and Minister of Justice. Also,
the AGF and Minister of Justice could raise legal issues on the
report, necessitating a further probe and prosecution.

The government is not expected to issue a White Paper on the
report. It should not be a basis for a White Paper. What I think
the Independent National Electoral Commission should do is to raise
a discussion on the report. Civil society organisations should also
put pressure on the National Assembly to amend the Electoral Act in
order to make electoral offences punishable.

But even if a new law on electoral offences is enacted now, it
cannot take a retroactive effect. My suggestion is that we should
work towards preventing electoral offences in the future. The best
thing we can do now is to name and shame those who were mentioned
in the report.

Otherwise, there is little or nothing we can do about the
report. This is because it is not a legal document. It cannot be a
basis for the prosecution of any individual. We should rather work
towards criminalising electoral offences.

The Federal Government must act on the report. What we expect
the government to do is to set up a review committee to ascertain
the degree of involvement of the indicted individuals and the
institutions that were mentioned.

Apart from politicians, some of the indicted people are
employees of public institutions, including the Independent
National Electoral Commission. The review committee should examine
the offence(s) committed by an indicted individual and recommend
the appropriate sanction(s).

Some of the offenders would be dismissed; others may have to be
retired. It is the committee that would determine the appropriate
disciplinary actions that should be taken. It would also determine
the appropriate court where the politicians who were involved in
the electoral malpractices would be prosecuted.

Nigeria is not serious about prosecuting lawbreakers. I do not
expect that weeks after the National Human Rights Commission
released the names of those who committed electoral frauds in the
past people would still be waiting to hear what the government
would do with the list. It means that we are not serious about
stopping people from breaking the law.

We know what electoral offences have caused this country. People
who were not elected are the ones ruling the country. Most ‘big
men’ in the country are above the law. We also know that the list
of electoral offenders is made up of highly placed individuals. The
security and law enforcement agencies consider those people as
untouchable.

There are agencies empowered by law to prosecute offenders. If
those agencies have refused to carry out their responsibilities, it
means nobody can do anything. The masses can only revolt. But the
agencies mandated by law are in a better position to take action
when laws are broken.

What this sort of laxity shows is that we are not serious about
fighting electoral offences. We have been complaining that no
electoral offender has been convicted. Why should the government
now ignore a glaring opportunity to show its readiness to set a new
precedent? It is only when we punish offenders that we can deter
the other people from breaking the law. Otherwise, we would
continue to promote impunity.

Compiled by: Geoff Iyatse

The post What should authorities do with list of electoral
offenders? appeared first from online sources and was reposted by the community on Welcome to 9jalegal –
Nigeria’s Leading Legal Information and Services Portal.