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, Professor
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 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.”
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 20 August 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 Professor 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.”
SERAP’s letter copied to both the ICPC and the EFCC read in part: “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.”
“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.”
“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 prioritise 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.”