Human Rights Advocate, Femi Falana has said the spate of attacks on the offices of the Independent National Electoral Commission (INEC) could affect the conduct of the 2023 general election.
Gatekeepers News reports that Falana said security agencies need to step in efforts to subdue the attacks and charge the perpetrators to court.
In a statement on Monday, Falana stated that insecurity is already threatening the conduct of elections in over 40 LGAs and, as such, security forces need to ensure safety.
The statement read, “In spite of the fact that the facilities are said to be well guarded, the criminal elements involved in the nefarious activities generally operate without any challenge from security forces.
“If the dangerous trend continues on a larger scale INEC will not be in a position to conduct elections in the affected areas. It is therefore curious to note that the few suspected arsonists have not been charged before any court.
“The state of insecurity in Nigeria has also constituted a serious threat to the conduct of credible elections. It has been confirmed that elections cannot take place in the over 40 local government areas in different parts of the country which are firmly in the control of various armed gangs, including bandits, terrorists, known and unknown gunmen.
“The territories seized by the criminal gangs are in Borno, Kaduna Katsina, Niger, Sokoto, Zamfara, Abia, and Imo States.
“As the security of electoral officials and election materials cannot be guaranteed in the seized territories the authorities of the armed forces should ensure that an enabling environment exists for the conduct of elections in all the states of the federation.
“Otherwise, the elections may be postponed indefinitely in territories controlled by the armed gangs with serious implications for the 2023 general elections.”
While citing instances of election malpractices in previous elections, Falana said security forces should stop issuing threats and go after electoral offenders.
He said, “Last week, the INEC raised the alarm that some politicians have been buying up Permanent Voter Cards, PVCs, and financially inducing unsuspecting voters to harvest their Voter Identification Numbers (VIN) ahead of the 2023 general elections. Apart from the two suspects who were recently convicted for illegal possession of PVCs in Sokoto and Kano states, the sponsors of the criminal enterprise have not been exposed by security forces.
“On November 18, 2022, the inspector-general of police (IGP), alleged that some governors were using armed thugs and state security outfits to disrupt campaigns and other political activities. On December 11, 2022, the National Security Adviser, NSA, Major General Babagana Monguno (retd) warned state governors using thugs to prevent opposition parties from mounting campaign materials in their domains that security agencies would soon descend on them.
“The heads of the nation’s security agencies have been warning governors and other top officials of the political parties to desist from disrupting the democratic process. At the same time, they have been threatening to deal with armed thugs. Instead of issuing empty threats, the security forces should proceed to arrest and prosecute the suspects electoral offenders.
“Contrary to the general belief among security forces, executive immunity does not cover electoral offences. In Turaki v Dalhatu 2003) 38 WRN 54 at 188, the Court of Appeal held that ‘If a governor were to be considered immune from court proceedings, that would create the position where a sitting Governor would be able to flout election laws and regulations to the detriment of other persons contesting with him.’
“This would make a nonsense of the election process and be against the spirit of our national Constitution which in its tenor provides for a free and fair election.
“However, in view of the reluctance of the ruling parties to allow the police to arrest and prosecute armed thugs and other criminal elements who disrupt elections, the Uwais Electoral Reform Panel had recommended the establishment of Electoral Offences Commission.
“In July 2021, the Senate eventually passed the Electoral Offences Commission Bill. But the House of Representatives has deliberately refused to pass the Bill. Therefore, Nigerians should mount pressure on the members of the House of Representatives to pass the Bill and forward same to President Buhari for his assent.
“Unless the security forces are prepared to deal with the anti democratic forces that are currently disrupting the democratic process the 2023 General elections may be sabotaged to the detriment of democracy and political stability in the country.”
