Falana writes Gbajabiamila on Electoral Offences Commission Bill

By Tunde Joshua

A Senior Advocate of Nigeria and human rights lawyer, Femi Falana, has requested in details the extent to which the House of Representatives has gone in the parliamentary process of enacting the Electoral Offences Commission Bill which has been passed by the Senate.

His demand for explanation was directed to the Speaker, House of Representatives, Femi Gbajabiamila in a personally addressed letter titled ‘Request for Information on Electoral Offences Commission Bill.”

The bill was introduced at the National Assembly in 2021 to take care of deficiencies and infractions in the nation’s electoral processes which includes but not limited to vote buying, disruption of voting process and falsification of election results.

Though the Electoral Act criminalized vote buying and other electoral offences, the Independent National Electoral Commission (INEC) does not have punitive power under the law to prosecute electoral offenders, hence the need for such Commission.

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Falana in the letter to the Speaker said: “as you are no doubt aware, the Independent National Electoral Commission was empowered to prosecute electoral offenders under section 150 of the repealed Electoral Act 2010 as amended. But the INEC was unable to discharge the statutory duty due to alleged lack of wherewithal.

Hence, its failure to prosecute even one per cent of the 870,000, 900,000 and 1,100,000 million electoral offenders arrested during the 2011, 2015 and 2019 general elections respectively. “In order to stop the increasing wave of electoral impunity the Senate passed the Electoral Offences Commission Bill on July 14, 2021 and forwarded same to the House of Representatives, The Trumpet gathered.

But the Bill has been ignored due to reasons best known to the members of the House of Representatives under your watch. Hence, section 145 of the Electoral Act 2022 has vested the Independent National Electoral Commission with the statutory duty to prosecute electoral offenders in the Federal Capital Territory and the 36 States of the Federation.

“Even though sections 114- 121 of the Electoral Act have made adequate provisions for electoral offences the Independent National Electoral Commission does not have the capacity to arrest, investigate and prosecute electoral offenders.

In the atmosphere of official impunity the leading members of the political class have engaged themselves in the dollarisation of the electoral process, vote buying, intimidation of political opponents, killing and thuggery, ballot snatching e.t.c “In view of the foregoing, we are compelled to request the Honourable Speaker to furnish us with information on the Electoral Offences Commission Bill passed by the Senate and forwarded to the House of Representatives since July last year.

As this request is made pursuant to the Freedom of Information Act, 2011 you are requested to provide the requested information within seven days of the receipt of this letter. “Take Note that if you fail or refuse to accede to our request we shall not hesitate to file an application for mandamus at the Federal High Court to compel you to disclose the requested information.”

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