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INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers - Politics - Nairaland

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INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by BluntCrazeMan(op):
INEC HAD NEVER PROSECUTED ANY ELECTORAL OFFENDERS YET, DESPITE HAVING ALL THE CONSTITUTIONAL POWERS TO DO SO.
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According to the Current Electoral Act (2010 - As Amended),, the duty and obligation of prosecuting electoral offenders rest on the shoulders of the Legal Officers of the INEC, or any Legal Practitioner appointed by the INEC.. (See Section-150; Subsection-2)..
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The Electoral Offences can be seen in Sections 23, 24, 31, 32, 59, 88, 91, 92, 95, 96, 99, 100, 101, 102, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132 of the current Electoral Act (2010 - As Amended).
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KUDOS FOR ELECTORAL OFFENCES COMMISSION...
(Vanguard Editorial - 1st August, 2021)
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The Senate passed the “National Electoral Offences Bill 2021” on Tuesday, July 13, 2021.


The move to establish the Electoral Offences Commission is one of the redeeming features of the ongoing attempt to reform elections in Nigeria.

Our bicameral parliament is expected to agree on the relevant provisions of the Bill and forward it to President Muhammadu Buhari for possible approval.
We join millions of well-meaning Nigerians to eagerly await the signing into law of this legislation.

For too long, electoral criminals have gotten away with their crimes against our democracy.
Because the politicians are the biggest beneficiaries of electoral malfeasance, efforts to put a check on it have been half-hearted at best.

The 1999 Constitution (as Amended) vests both regulatory and operational electoral powers on INEC.
Time and experience, especially in the past 22 years, have proved that INEC is simply not in a position to pursue and prosecute electoral criminals.


According to the Chairman of the Senate Committee on the Independent National Electoral Commission, Kabiru Gaya, the Commission was not even able to prosecute one per cent of the 870,000 and 900,000 electoral offenders apprehended after the 2015 and 2019 general elections respectively.

Because there was no deterrence in 2015, the number of offenders jumped further up in 2019.
It will be worse going forward if nothing is done now.


We have been strong advocates for the unbundling of INEC and the establishment of a special mechanism outside the routine functions of the Commission to pursue and bring offenders to book.

Elections, being the means by which the citizenry hands over the state mandates to politicians, should not be left without punishment for those who seek to tamper with the people’s sacred power to choose through ballot snatching, figures falsification, armed violence, ballot box stuffing, vote buying and the harassment of poll workers and the electorate.

The Commission should be to electoral fraud what the Economic and Financial Crimes Commission is to corruption.
It should arrest and prosecute electoral offenders and their sponsors, investigate electoral fraud, and ensure that those who obtain our mandate through false pretences or violence are made pay.

With such a Commission in place, the number of electoral offences will automatically plummet, especially if its operatives are allowed by politicians to do their jobs.
Our democracy will be the better for it, and good quality leadership materials who currently think politics is “too dirty” will be encouraged to vie and serve.

In addition to the Commission, we also advocate for a special court for electoral offenders.
This will help in speeding up trials and giving justice to those who deserve it.
The creation of a special court is the necessary next step.


This is an unfinished business.
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Source:
https://www.vanguardngr.com/2021/08/kudos-for-electoral-offences-commission/amp/
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According to the Nigerian Constitution, and according to the Electoral Act - 2010 as amended (and according to every other Nigerian Laws), it was never the Duty or the Obligation of the Police or DSS to prosecute electoral offenders.
It is the sole duty and obligation of the INEC’s Legal Body; and that is, pending the time the “Electoral Offences Commission Bill” is signed into Law, and the “Electoral Offences Commission” properly inaugurated, and also, the current Electoral Act be properly amended in such a way that the Section-150(2) does not give INEC such powers again, then the INEC can relinquish the duty and obligation of prosecuting electoral offenders.
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REPS SEEK TO STRIP POLICE, DSS, OTHERS POWERS TO PROSECUTE ELECTORAL OFFENDERS...
…Want special commission to handle offences.

(12th October, 2021)

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The House of Representatives will, in a few days, consider a proposed law to set up a Special Commission to prosecute electoral offences arising from next elections.

The bill exclusively obtained by Vanguard, is entitled “Electoral Offences Commission and Tribunal Bill, 2021”.

The bill, sponsored by Kingsley Chinda (PDP-Rivers), in a proposed Part-3, states in part that “The Commission shall investigate, enforce and prosecute all electoral malpractices and electoral offences created under the Constitution, Electoral Act, and any other law....

“Advice the electoral entities of any change in practices, systems or procedures compatible with the effective discharge of the duties of electoral entities as the commission thinks fit to reduce the likelihood or incidence of electoral and related offences; adopt measures to identify, trace and prosecute thuggery, electoral fraud, political terrorism and related offences.”

The amendment also seeks to “adopt measures to prevent and eradicate the commission of electoral malpractices, including coordination, preventive and regulatory actions, introduction of investigative and control techniques, and the collaboration with election observers within and outside Nigeria.”

The bill equally seeks to “facilitate the exchange of scientific and technical information with other democracies in the conduct of joint operations and training geared towards the eradication of electoral fraud and malpractices; inform and educate the public on matters related to electoral and related offences and carry out such other activities as are necessary or expedient for the full discharge of all or any of the functions conferred on it under this Act or conferred upon it by an Act of the National Assembly.”

It also states that “the Commission, shall have powers to investigate and prosecute any person suspected to have conspired to commit or has attempted to commit or has committed an electoral offence or an offence under Constitution, this Act, the Electoral Act, or any other law”

The piece of legislation seeks to “examine the practices, systems and procedures of any electoral entity and where, in the opinion of the Constitution, such practices, systems or procedures aid or facilitate electoral offences, to advice on ways by which electoral offences may be eliminated or minimized by such entity.”

A new Electoral Act, currently before the National Assembly, seeks far-reaching reforms of the electoral system in the country.

The House resumes plenary Tuesday, to continue deliberations on key amendments for a new Electoral Order.
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Source:
https://www.vanguardngr.com/2021/10/2023-reps-seek-to-strip-police-dss-others-powers-to-prosecute-electoral-offenders/amp/

Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by Americafighter: 1:14am On Nov 05, 2021
A failed state
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by Staypositive: 1:53am On Nov 05, 2021
Ma gee
It is well....


Every year they go tell people say make dem go vote another useless person in the government...

My question is wetting this idiots wey people dey vote dey do in government abi dem just dey there to make noise use people catch cruise, collect government money and move...

Na question I ask.....
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by BluntCrazeMan(op):
Offence:
Returning Officer or Collation Officer or person delivering a false certificate of return

Penalty:
3 years imprisonment without an option of fine.

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Offence:
A Polling Officer failing to report on time or to discharge his duties on an election day without lawful excuse.

Penalty:
On conviction to a maximum fine of N500,000 or 12 months imprisonment or both.
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Offence:
Being in possession of more than one voters card.

Penalty:
A maximum fine of N1,000,000 or for a term of imprisonment of not less than 12 years or both.
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Offence:
Unlawful possession of a ballot paper

Penalty:
A maximum fine of N50,000,000 or for a term of imprisonment of not less than 10 years or both.
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Offence:
A person voting or attempting to vote at an election when he/she is not qualified, or inducing person to vote at an election knowing that such person is not qualified.

Penalty:
A maximum Fine of N500,000 or 12 Months Imprisonment or both.

Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by BluntCrazeMan(op): 2:24am On Nov 05, 2021
Staypositive:
Ma gee
It is well....


Every year they go tell people say make dem go vote another useless person in the government...

My question is wetting this idiots wey people dey vote dey do in government abi dem just dey there to make noise use people catch cruise, collect government money and move...

Na question I ask.....
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Me too sef, as you see me so, I been dey ask the same question teeey teeeeyy.!!
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Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by BluntCrazeMan(op): 3:40am On Nov 05, 2021
Lalasticlala,
Seun
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by BluntCrazeMan(op): 3:44am On Nov 05, 2021
BluntCrazeMan:
Lalasticlala,
Seun
A lot of Nigerians (especially our politicians) are not aware that these offences have already existing penalties against them.
They are all wallowing in ignorance, including the INEC that is also supposed to prosecute them.
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by Shedrack777: 3:45am On Nov 05, 2021
e get offence wey i see for there wey be say the senate no think well before them write am. how can you inprison an underaged voter?
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by kayusely70(m): 3:54am On Nov 05, 2021
But has the president signed the bill?
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by BluntCrazeMan(op): 3:55am On Nov 05, 2021
Shedrack777:
e get offence wey i see for there wey be say the senate no think well before them write am. how can you inprison an underaged voter?
grin grin grin cheesy cheesy
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I been don dey find this thing wey you type here,, I no come see am.
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Please, which section/subsection of the Electoral Act specified any form of imprisonment for underaged voters??
(Please mention it, so I can go back and cross-check it by myself).
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by BluntCrazeMan(op): 3:57am On Nov 05, 2021
kayusely70:
But has the president signed the bill?
The House Of Reps are the ones currently working on it at the moment.
They hope to get it signed into law and be ready for implementation before the 2023 General Elections.
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by Flamees(m): 4:53am On Nov 05, 2021
BluntCrazeMan:
grin grin grin cheesy cheesy
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I been don dey find this thing wey you type here,, I no come see am.
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Please, which section/subsection of the Electoral Act specified any form of imprisonment for underaged voters??
(Please mention it, so I can go back and cross-check it by myself).
How can one correct date of Birth
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by kayusely70(m): 7:01am On Nov 05, 2021
BluntCrazeMan:
The House Of Reps are the ones currently working on it at the moment.
They hope to get it signed into law and be ready for implementation before the 2023 General Elections.
Thanks for the explanation. God bless you abundantly.
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by JavaScript90: 7:07am On Nov 05, 2021
Great
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by Shedrack777: 8:20am On Nov 05, 2021
BluntCrazeMan:
grin grin grin cheesy cheesy
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I been don dey find this thing wey you type here,, I no come see am.
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Please, which section/subsection of the Electoral Act specified any form of imprisonment for underaged voters??
(Please mention it, so I can go back and cross-check it by myself).
how can you vote in an election where you're not qualified? unless you're underage
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by BluntCrazeMan(op): 8:59am On Nov 05, 2021
Shedrack777:
how can you vote in an election where you're not qualified? unless you're underage
If you are not registered to vote in any particular Polling-unit, you're not qualified to vote in that Polling-unit.
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For instance, anybody who is registered in a Polling-unit in Lagos is not qualified to vote in this upcoming Anambra Governorship Election.
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There are many other grounds of non-qualification.
For instance, if you come to vote with a Temporary Voter's Card instead of a PVC, you're not qualified.
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If your PVC is not Authentic, you're not qualified.
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And most recently,, if the BVAS device didn't authenticate that you are the true owner of the PVC, even if the device accepted that the PVC is Authentic in itself, then, you yourself, you are not qualified to vote.
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by Shedrack777: 9:37am On Nov 05, 2021
BluntCrazeMan:
If you are not registered to vote in any particular Polling-unit, you're not qualified to vote in that Polling-unit.
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For instance, anybody who is registered in a Polling-unit in Lagos is not qualified to vote in this upcoming Anambra Governorship Election.
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There are many other grounds of non-qualification.
For instance, if you come to vote with a Temporary Voter's Card instead of a PVC, you're not qualified.
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If your PVC is not Authentic, you're not qualified.
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And most recently,, if the BVAS device didn't authenticate that you are the true owner of the PVC, even if the device accepted that the PVC is Authentic in itself, then, you yourself, you are not qualified to vote.
ok thanks for the info
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by tk4rd: 9:37am On Nov 05, 2021
Lalasticlala,
Seun
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by tk4rd: 9:37am On Nov 05, 2021
Dominique
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by sapientia(m):
Where is the Kudos coming from?

Nigerians are clowns for real, including me

Tufia
Re: INEC Is Not Prosecuting Electoral Offenders Yet, Despite Having The Powers by BluntCrazeMan(op): 7:19pm On Nov 06, 2021
Lalasticlala
1 Reply

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