A Vote for Electoral Offenders’ Panel

In this report, James Emejo assesses the relevance of the proposed Nigerian Electoral Offences Commission, which seeks among other things to sanitise the electoral processes going forward

The House of Representatives penultimate Wednesday considered and adopted the report by its Committee on Electoral and Political Matters, chaired by Hon. Aishatu Dukku, on a bill for an Act to establish the Nigerian Electoral Offences Commission and for related matters.
The passage of the bill by the lower chamber has been considered the right step in the right direction given the impunity and chaos, which had characterised the country’s electoral processes in the previous elections.

Essentially, the bill seeks to establish a system of sanction and reward for participants in the electoral system.
The Commission is expected to be headquartered in Abuja with offices or branches in each of the states of the federation, including the Federal Capital Territory (FCT) and composed of the chairman, who must not be less than 40 years of age and 12 other commissioners, who must not be less than 35 years old.

Notably, among other things, the commission shall be saddled with the responsibility to investigate, enforce and prosecute all electoral malpractices and electoral offences created under the Commission, Electoral Act and any other law related to electoral offences.

It also has the duty to adopt measures to identify, trace, and prosecute political thuggery, electoral fraud, political terrorism, which had been a recurring decimal on the country’s political history as well as adopt measures to prevent and eradicate the perpetration of electoral offences including coordination, preventive and regulatory actions; introduction of investigative and control techniques, and the collaboration with election observers within and outside Nigeria. The bill, which enjoyed the overwhelming support of the House, given its potential to add some element of credibility and integrity to the electoral processes, apportioned far-reaching powers to the Commission to deal with situations arising from the conduct of elections.

When in full force, the Commission shall possess powers to investigate and prosecute any person suspected to have conspired to commit or has attempted to commit or has committed an electoral offence or an offence under the bill or Electoral Act.

It can also confiscate any property, moveable or immovable, that is used or suspected to be used in the perpetration of an electoral offence as well as appoint, promote, dismiss and exercise disciplinary control over the staff of the commission in accordance with the provision of the bill. Several contributors regard the bill as a welcome development, which must be wholly embraced as it would be an instrument of deterrence against election malpractices.

Also, in a bid to empower the officials of the Commission to effectively carry out their tasks, Dukku, chairman of the committee, recommended additional powers and immunity for officers.

Clause 20 of the bill reads: “Subject to the provisions of this Bill, an officer of the Commission, when investigating or prosecuting an electoral offence, an electoral offence officer shall have all the powers and immunities of a police officer under the police Act and any other laws conferring power on the police or empowering and protecting law enforcement agents.

“Where in the course of any investigations or proceedings in a court in respect of commission of an offence under this bill by any person, there is disclosed an offence under any other written law, not being an electoral offence or offence under this bill, irrespective of whether the offence was committed by the same person or any other person, the officer of the Commission responsible for the investigation or proceedings, as the case may be, shall notify the Attorney General of the Federation or any other officer charged with responsibility of the prosecution of criminal cases, who may issue such direction as shall meet the justice of the case.”
Moreover, the Commission also has sweeping powers to examine and summon anybody in connection to election malpractices.

“An officer of the Commission investigating an electoral offence or an offence under this bill may; order any person to attend before him for the purpose of being examined in relation to any matter which may in his opinion, assist in the investigation of the offence… “

The Commission may also issue a summon directed to a person complained against or any other person to appear before the Commission for the purpose of being examined in relation to the complaint or any other matter, which may aid or facilitate the probe of the complaint.
The Commission can also obtain search warrant to assess premises and prosecute persons for obstruction of inspection as well as conspiracy, stipulating bail conditions for electoral offenders as well as its powers to resolve disputes between persons regarding any matter connected to electoral infractions as well as appeals and review of decisions. “A person, who is aggrieved or whose interest is adversely affected by any decision of the Commission made pursuant to the exercise of the powers and functions under this bill may within a period of not more than 45 days from the date upon which a decision is made, request in writing for a review of the Commission’s decision and specify therein the reasons and basis for his request.”

Already, Nigerians expect that with its passage in the green chamber, and subsequent concurrence in the Senate, the bill will receive accelerated assent from President Muhammadu Buhari ahead of the 2019 general election.