As Lawmakers Mull Stiffer Punishment for Electoral Offenders…

Udora Orizu writes that the House of Representatives as part of efforts to sanitize the electoral space, is coming up with a bill to establish electoral offences commission

Members of the House of Representatives on August 23,2022, held a one-day public hearing to get stakeholders’ input into the Bill which seeks  the establishment of national electoral offences commission to prosecute electoral offenders.

Violence is one of the recurrent features of the country’s electoral history and it escalates in the period before, during and after elections. The reasons for electoral violence vary. Such crimes can be used to neutralise political opponents, manipulate or delegitimise the electoral process. Politicians and their paid agents do this through hate speech or mobilisation of thugs to attack polling units, snatch or destroy ballots, vote buying, kidnap or even kill opponents and their supporters.

Ahead of the 2023 general election, the Independent National Electoral Commission (INEC) has already began to raise the alarm. It’s too bad that the Electoral Act assented to by President Muhammadu Buhari few months ago, was unable to create the much-needed clamour for electoral offences courts which will specifically focus on punishing the culprits.

In a bid to curb electoral violence, members of the green chamber, introduced the electoral offences commission bill and passed it through first, second reading and eventually held a public hearing on the bill.

The proposed legislation, titled “Bill for an Act to Establish National Electoral Offences Commission to Provide for the Legal Framework for Investigation and Prosecution of Electoral Offences for the general Improvement of the Electoral Process in Nigeria,’ was co-sponsored by Chairman of the House Committee on Electoral Matters, Hon. AishatuDukku, Hon. Kingsley Chinda and Hon. John Dyegh.

When the Bill becomes a law, the commission shall be funded via national Assembly appropriations and shall be allowed to accept gifts of land, money or properties both within and outside Abuja upon terms and conditions specified by the person or organization.

At the hearing, INEC Chairman, Prof Mahmood Yakubu, gave its support to the Bill, saying when the proposed legislation becomes law, the commission that will be established can clampdown and ensure prosecution of electoral offenders, particularly high-profile politicians who sponsor thugs to carry out violence.

According to him, the reform of the electoral process cannot be complete without effective sanctions on violators of the laws.

Yakubu lamented that INEC is saddled with a lot of responsibilities, including  prosecution of electoral offenders under the Electoral Act, saying that it has been very challenging for the Commission.

He disclosed that since the 2015 general election, 125 cases of electoral offences were filed in various Courts out of which 60 convictions have been secured so far, including the most recent one in AkwaIbom State.

While seeking amendment to clause 33, which gives the Federal High Court, High court of a State or the High Court of Abuja the jurisdiction to try alleged offenders, Yakubu suggested that these courts are over burdened, hence electoral offences tribunal should be established with exclusive jurisdiction to try offenders.

The INEC Chairman noted that the commission looks forward to the day when highly placed sponsors of thuggery, including high-profile figures that seek to benefit from these violations, are arrested and prosecuted.

He expressed optimism that in the next few months, the National Assembly will pass the Bill so that it will not suffer the fate of previous efforts which were inchoate at the end of the lifespan of the Assembly.

In his goodwill message, the Executive Director of Policy and Legal Advocacy Centre (PLAC), Clement Nwankwo while lending support to the Bill, however suggested that the 20 years imprisonment and N40 million fine for ballot snatching and vote buying as stipulated in clause 26 should be reduced in line with reality.

On its part, the Chairman of Inter-party Advisory Council (IPAC), Yusuf YabagiSani, while lending support to the Bill, however said political parties will make its inputs which they are still working on.

Earlier while declaring the hearing open, the Speaker of the House, Hon. Femi Gbajabiamila, said electoral crimes lead to low quality, corrupt and violent political leadership and as well helps election riggers and offenders take control of governments against democratic will of the electorates.

Gbajabiamila who was represented by the Deputy Speaker, Hon. IdrisWase, while acknowledging that the recent governorship election in Ekiti and Osun States signifies a milestone in Nigeria’s democratic evolution, said there is no doubt that a lot of work still needs to be done to take the country to the point where elections are devoid of the usual challenges of violence, fraud and abuse of process.

Offences and Punishment as Provided in the Bill

According to the draft of the bill, a copy seen by THISDAY, clause 19 provides a penalty of 15 years imprisonment for impersonation, undue influence, and bribery. Clause 26 provides that grabbing, looting, destroying ballot papers or any other electoral document is imprisonment for at least 20 years or a fine of  N40,000,000.

Clause 32 proposed to classify hate speech as an electoral offence that may attract a jail term of 10 years or a fine of N40m or both.

Clause 13 states that making false statement to INEC during registration, forgery of nomination or election documents, unauthorised sale or supply of election documents, unauthorised movement of electoral documents outside a polling unit, production of election devices or other mechanism capable of manipulating election results is imprisonment for a term not exceeding 15 years, or a minimum of N3,000,000 or both.

Others are, “Clause 14, unauthorised printing, possession, supply of voters’ card, unauthorized destruction of voters’ card, buying and selling of voters’ card which carries a penalty of up to I5 years imprisonment for offenders and 10 years for accomplices.

“Clause 15, making of false entries or records, granting special voting access to persons who are not PWDs (persons with disabilities) and equally, refusing to provide voting access to PWDs, wrongly refusing persons from voting, willfully refusing to count valid ballots, or counting them wrongly, giving false evidence or withholding same, announcing, or declaring a false election result. The penalty is imprisonment for a term of at least 10 years.

“Clause 24, Posting of election campaign materials on a private house, shop wall, or other structure without consent of the owner. Penalty for all of the above is imprisonment for a term of at least five years or a fine of at least N10,000,000, or both.

“Clause 25, prohibition on campaign against National Interest Propagating information that undermines or can undermine the independence of Nigeria; that promotes or is capable of promoting feeling of enmity or hate on the basis of any religion, community, caste, tribe, language or territorial region; or causes or is capable of causing people to vote on the basis of any religion, community, caste, tribe, language or territorial region. The Penalty is imprisonment for at least 20 years without an option of a fine. “Clause 26 provides that grabbing, looting, damaging or destroying ballot boxes, ballot papers or any other electoral document or material, or unauthorised taking or attempting to take ballot boxes or ballot papers or any other electoral document or material. Penalty is imprisonment for at least 20 years or a fine of at least N40,000,000.”

As the lawmakers resume plenary on September 20th, the Bill will be presented for third reading and if passed will be sent to the Senate for concurrence before it will be transmitted to the President for possible assent.