Falana-Led Group, ASCAB Calls For Arrest, Prosecution Of All Electoral Offenders In Nigeria


The group led, by the human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, said it learnt that anti-democratic elements allegedly committed electoral offences during Saturday elections, including money laundering, financial inducement of voters, snatching of BVAS machines, destruction of ballot papers, manipulation of election results, and violent attack on voters by thugs.

Agroup under the umbrella of Alliance on Surviving Covid-19 and Beyond (ASCAB), has demanded the arrest and prosecution of all electoral offenders in the 2023 general elections held on Saturday, February 25, 2023.

The group led, by the human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, said it learnt that anti-democratic elements allegedly committed electoral offences during Saturday elections, including money laundering, financial inducement of voters, snatching of BVAS machines, destruction of ballot papers, manipulation of election results, and violent attack on voters by thugs.

Others include ballot box snatching, forgery of election results, improper use of voter cards, impersonation, underage voting, dereliction of duty by electoral officers or polling agents of political parties, bribery and conspiracy and violation of the requirement for secrecy in voting, amongst others.

ASCAB in a statement signed by its Chairman, Femi Falana (SAN) said, “In order to deal with electoral offences committed during elections in Nigeria, the Mohammed Uwais Electoral Reform Panel had recommended the setting up of the Electoral Offences Commission. The recommendation was ignored by the political class.

“But due to pressure mounted on the National Assembly by progressive civil society groups, the Senate passed the Electoral Offences Commission Bill in July  2021. Up till now,  the members of the House of Representatives, the Bill have refused to pass the Bill for undisclosed reasons.” 

The group noted that the Independent National Electoral Commission (INEC) is empowered by section 145 of the Electoral Act, 2022 to prosecute electoral offenders but the commission has said that it cannot combine the conduct of elections with the trial of electoral offenders. 

“Happily, the Nigerian Bar Association has announced that its members are prepared to embark on the prosecution of electoral offenders in all the states of the Federation and the Federal Capital Territory. The leadership of the INEC should give fiat to the Nigerian Bar Association for the immediate prosecution of all suspected electoral offenders. 

“We have confirmed that the operatives of the anti-graft bodies, police and other security agencies arrested scores of alleged electoral offenders before and during the February 25, 2023 general elections.”

ASCAB said the investigation of the offences should be speedily concluded and that the case files should be immediately forwarded to the secretariat of the Nigerian Bar Association in Abuja. 

It added, “As there is no statute of limitation for electoral offences, some of the suspects who cannot be arrested or prosecuted for now by virtue of section 308 of the Constitution should face the wrath of the law at the end of their term of office. 

“Such public officers who abused their office should be treated like President Donald Trump who is liable to be charged with the disruption of the November 2020 presidential election held in the United States.” 

According to ASCAB, it is sad to note that many voters and electoral officers, including youth corps members who refused to be compromised during the elections, were brutalised on alleged orders of an undisclosed governor. 

It continued, “In another state, a governor engaged a contractor to dig holes and destroy a road to discourage voters from voting for a particular candidate. The National Human Rights Commission should investigate the complaints of all victims of electoral violence with a view to bringing the perpetrators to book.

“However, it has been reported that certain thugs have threatened to attack people for voting for candidates of their choice. Our organisation is in touch with the police and other security agencies to prevent attacks on citizens for performing their civic duties. The Police and other security agencies should ensure that the Governorship and legislative elections scheduled to hold on February 11, 2023 are not hijacked or disrupted by thugs and other criminal gangs. 

“Meanwhile, to diffuse tension in the country, INEC should uphold the results of the presidential election in the INEC portal in line with the provisions of the Electoral Act and INEC Guidelines. At the same (time), members of the political class should desist from inciting the Nigerian people to violence.”

“Let all aggrieved parties and individuals pursue their genuine grievances under the Electoral Act by filing petitions before the Election Petition tribunals and the Court of Appeal not later than 21 days after the declaration of results of elections,” the group said.

SAHARA REPORTERS