Home Exclusive SERAP to INEC: Prosecute perpetrators of vote buying in Ekiti election or face legal action

SERAP to INEC: Prosecute perpetrators of vote buying in Ekiti election or face legal action

by Our Reporter

The Socio-Economic Rights and Accountability Project, (SERAP) has sent an
open letter to Professor Mahmood Yakubu, Chairman Independent National
Electoral Commission (INEC) urging him to “promptly, thoroughly and
effectively investigate allegations of vote buying by both the All
Progressives Congress (APC) and the Peoples Democratic Party (PDP) during
last Saturday’s governorship election in Ekiti State, 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 organization 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.”

The organization requested Professor Yakubu to “take steps within 14 days
of the receipt and/or publication of this letter, failing which SERAP will
institute legal proceedings to compel you and the Independent National
Electoral Commission (INEC) to discharge your constitutional and statutory
responsibilities in the public interest.”

In the letter dated 17 July 2018 and signed by SERAP executive director
Adetokunbo Mumuni the organization said, “It is the responsibility of INEC
as an independent body to take meaningful steps and action to minimise
electoral bribery by politicians, ensure political equality and prevent
unfair electoral competition. No body politic worthy of being called a
democracy entrusts the selection of leaders to a process of auction or
barter.”

The organization said, “Vote buying amounts to undue influence and
improper electoral influence. When politicians buy votes, they reinforce
social subjugation and do long-term damage to poor voters, as vote buying
impairs voters’ already limited political power and participation in
governance. Offering and giving poor people money to buy their votes is
the hallmark of political disrespect, as it implies that politicians
perceive voters as lacking autonomy.”

The letter copied to both the ICPC and the EFCC read in part:
“Investigating the allegations and prosecuting all those suspected to be
involved would indicate your agencies’ willingness to exert your
authorities and act as a deterrent against breaches of the electoral
process, Nigeria’s anti-corruption legislation and international
standards.”

“SERAP therefore urges you to carry out investigation and prosecution of
vote buying in Ekiti election but also in the elections in Anambra State,
Edo State and Ondo State, in collaboration with the ICPC and EFCC of the
allegations of vote buying, as highlighted above, and to send a strong
message to politicians that INEC under your leadership would not tolerate
any infringement of the electoral process ahead of the 2019 general
elections.”

“Turnout of poor voters may decrease if they view a wealth-driven
electoral system increasingly stacked against their interests. It is
inconsistent and incompatible with the principles of democracy, the rule
of law, transparency and accountability for politicians to use vote buying
to perpetuate systems of regular patronage, knowing that such acts would
purchase them sympathy and support, especially from socially and
economically vulnerable communities.”

“Vote buying amounts to undue interference in the free exercise of the
right to vote, as it implicitly aims at influencing or attempting to
influence a voter not to vote or to vote in a particular manner.
Specifically, the alleged giving of N3,000 or N5,000 to voters during the
Ekiti election or payment into the bank accounts of voters is corruptly
intended, and clearly aimed to influence their choice of candidates and
voting intention. This practice seriously undermines the right of voters
to freely vote according to their convictions.”

“Further, vote buying gives wealthy politicians an advantage in election
campaigns and outcome greater than what they already possess, and it
biases political decisions in favor of the wealthy. Our democracy cannot
be sustainable when the electoral system inordinately prioritises the
rights of political parties and their candidates in elections over and
above those of the ordinary voter.”

“When politicians buy votes from the poor, political equality will suffer.
If voters choose candidates for public office at least in part based on
the voters’ economic interests, and these economic interests vary
depending upon one’s wealth, candidates chosen in elections where the
wealthy buy the votes of the poor more likely will reflect the views of
the wealthy. Thus, economic disparities will translate into political
disparities in the election of candidates.”

“According to reports, agents of the APC and the PDP allegedly openly
engaged in vote buying in some polling units during Ekiti Governorship
election. Many voters were videoed moving in numbers to ‘cash collection
points’ in lieu of their votes. Others received credit alerts on their
mobile phones.”

“We consider allegations of vote buying as political corruption, because
it is the promising or giving of value in the form of money, in return for
a promise of a vote.  We are concerned that the failure of INEC to rein in
electoral bribery is illustrated by the fact that the body has failed
and/or neglected to investigate and prosecute similar incidents of vote
buying in places like Edo State; Anambra State and Ondo State.”

“SERAP is seriously concerned that vote buying undermines the ability of
INEC to discharge its responsibilities under Section 153 of the 1999
Constitution (as amended) and paragraph 15(a) of the third schedule of the
Constitution, the Electoral Act 2010 (as amended) and under the UN
Convention against Corruption to which Nigeria is a state party.”

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