The Independent National Electoral Commission (INEC) has said that it has powers to prosecute allegations of vote buying by both the All Progressives Congress (APC) and the Peoples
Democratic Party (PDP) during the recently concluded governorship election in Ekiti State but lacks the powers to arrest and investigate suspects.
INEC said this in response to the open letter by Socio-Economic Rights and Accountability Project (SERAP) to the commission’s Chairman, Mahmood Yakubu, requesting the electoral commission to “promptly, thoroughly and effectively investigate allegations of vote buying, and to collaborate with the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) in any such investigation.”
The organisation also urged INEC to “prosecute anyone suspected to be involved and/or complicit in the alleged vote buying, if there is relevant and sufficient admissible evidence of electoral bribery and abuse of the electoral and democratic process against them.”
But INEC in a letter signed by its Acting Secretary, Okechukwu Ndeche, said that while the commission’s legal officers or any legal practitioner appointed by it can prosecute alleged vote buying, other agencies must first arrest and investigate suspects before the commission can prosecute. The commission however said that it would “partner with other agencies to prosecute electoral offenders.”
The INEC response dated August 20, 2018 but received yesterday by SERAP read in part: “We refer to your letter dated 17th July 2018 wherein you requested that the Commission investigate and prosecute alleged vote buying in the recently concluded governorship election in Ekiti State.”
“The Commission wishes to inform SERAP of the constraints posed by extant statutory provisions against your well-intended request.”
“You may also wish to note that it is not part of the constitutional duties of the Commission to arrest and investigate suspects found to have contravened provisions of the Electoral Act or any other Law for the time being in force. Section 150(2) of the Electoral Act 2010 (as amended) only confers powers on Legal Officers of the Commission or any other Legal Practitioner appointed by it to undertake prosecution of offences disclosed under the Act.”
“We wish to assure you that the Commission will continue to partner with relevant security agencies to prosecute electoral offenders.”
Reacting, SERAP said: “We note the response by INEC. We will be in court this Friday to seek orders to compel the commission to work with other agencies to ensure the immediate arrest, investigation and prosecution of all suspects allegedly involved in vote buying in Ekiti State,Anambra State, Edo State and Ondo State.”
It would be recalled that SERAP had earlier given Mr Yakubu 14 days to prosecute suspects “failing which SERAP will institute legal proceedings to compel you and the INEC to discharge your constitutional and statutory responsibilities in the public interest.”
