Femi Falana, human rights advocate, says the spate of
attacks on the offices of the Independent National Electoral Commission (INEC)
could affect the conduct of the 2023 general election.
In a statement on Monday, he said security agencies need to
step up efforts to subdue the attacks and charge the perpetrators to court.
Falana added that insecurity is already threatening the
conduct of elections in over 40 LGAs and, as such, security forces need to
ensure safety.
“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,” the statement reads.
“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.”
Falana, who cited instances of election malpractices in
previous elections, said security forces should stop issuing threats and go after
electoral offenders.
“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,” he said.
“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.”
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