The Socio-Economic Rights and Accountability Project (SERAP) called on Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC) to “take responsibility and end impunity for vote-buying and undue influence in Nigerian elections by swiftly ensuring arrests and prosecutions. suspected perpetrators of these crimes in the Osun State governorship election.”
There are reports of a brazen pattern of vote-buying and electoral bribery in several polling stations, particularly by the All Progressives Congress (APC) and the Peoples Democratic Party (PDP) during the Osun governorship election held on Saturday, July 16, 2022. Vote-trading was witnesses in several polling stations.
In a letter dated July 16, 2022 and signed by the Deputy Director of SERAP, Kolawole Oluwadare, the organization said: “INEC appears to have supported a general policy of impunity for vote-buying and undue electoral influence by refusing to prosecute suspected perpetrators and their sponsors.
SERAP said: "INEC has quite an impressive portfolio of its own powers to curb and punish vote buying and does not need to wait for other agencies to implement its own effective means of prevention and prosecution."
According to SERAP, “Nigerians rely on INEC to curb vote-buying, electoral bribery and undue influence on elections, but nothing will ever change unless INEC prosecutes suspected perpetrators and their sponsors.
SERAP also said: “Acts of vote buying, electoral bribery and undue influence are clearly contrary to the express provisions of the 1999 Nigerian Constitution [as amended], the Electoral Act and international standards.
Part of the letter read: “Unless INEC acts, vote buying, electoral bribery and undue influence will remain a permanent feature of Nigerian elections as corrupt politicians and their sponsors would continue to engage in these crimes with impunity.
"This would encourage others to follow suit and the long-term implications of such a culture of impunity for the 2023 general election cannot be underestimated."
“We would be grateful if the recommended actions were taken within 7 days of receipt and/or publication of this letter. If you do not hear from us by then, SERAP will consider appropriate legal action to compel INEC to comply with our request in the public interest.”
“Impunity for vote buying, electoral bribery and undue influence will continue unless INEC demonstrates leadership by satisfactorily fulfilling its constitutional and statutory obligations to erase the stain of electoral bribery that now attaches to Nigerian elections.”
“If INEC is to fulfill its ambitions as an independent body committed to free, fair and transparent elections in the country, now is the time to put an end to impunity for vote buying, electoral bribery and undue influence on elections.
“By immediately taking responsibility to ensure the arrest and prosecution of vote-buyers and their sponsors, INEC would send a strong signal to politicians across the country that it will not tolerate vote-buying practices, electoral bribery and rampant serial criminality in the country. elections."
“The consistent practice and widespread serial reports of vote-buying, electoral bribery and undue influence on elections indicate that INEC has failed to wake up to its constitutional and statutory responsibility to prosecute suspected perpetrators and their sponsors.
“SERAP also calls on you to ensure prompt, thorough and effective investigations into the roles played by the leadership of the All Progressives Congress (APC) and the Peoples Democratic Party (PDP) in the reports of vote buying, electoral bribery and undue influence, identify those involved and ensure that to be brought to justice."
"Vote buying, electoral bribery and undue influence undermine INEC's ability to discharge its duties under Section 153 of the Nigerian Constitution and Section 15(a) of the Third Schedule to the Constitution and Electoral Act, 2022."
“The Nigerian Constitution in Section 14(1)(a) c) provides that "the participation of the people in their government shall be ensured in accordance with the provisions of this Constitution".
“Articles 121 and 127 of the Electoral Act prohibit electoral bribery and undue influence before, during and after any election. Section 145(2) provides that "prosecutions under this Act shall be instituted by the Commission's lawyers or by any lawyer appointed by it". According to section 2 letter b) the commission has "the power to promote knowledge of sound democratic electoral processes".
“Similarly, the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples' Rights and the African Charter on Democracy, Elections and Governance guarantee the right to political participation, including the right to vote. These human rights treaties also require states parties to the convention, including Nigeria, to promote the creation of the necessary conditions to promote citizen participation.
“When political candidates and their sponsors choose to buy the support of the people and not fight fairly for their votes, there is a possibility that such candidates will show disregard for democratic rules and a tendency towards illegal means becomes inevitable.
"Vote buying promotes bad governance and weakens the ability of citizens to hold their 'elected officials' accountable for their actions."
“SERAP is concerned that the inability of INEC to curb vote buying, electoral bribery and intimidation is illustrated by the fact that the body has not seriously dealt with similar incidents in previous elections.
“Any failure to prosecute perpetrators of vote-buying, electoral bribery and undue influence during the Osun State governorship election would be in total violation of constitutional and international standards and electoral law.”
“According to our information, there are reports of a brazen pattern of vote-buying and electoral bribery in several polling stations during the Osun governorship election held on Saturday, July 16, 2022.”
“The Nigeria Civil Society Situation Room said the codes and coupons were used to get pledges from voters in the election, unlike the blatant exchange of money in last month's Ekiti election. Vote trading was witnessed in several polling stations.
“Voting booths in many polling stations were not positioned to ensure the secrecy of ballots and to allow voters to transfer their votes to other people. There was open negotiation of buying and selling of votes well coordinated by election agents in many polling stations.
“Politicians and political parties are said to have come up with new strategies before the elections to convince voters to avoid being caught by security and anti-corruption agents.
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