Buhari: Beyond Poll Nullification, Electoral Offenders Should be Prosecuted

Says no system endures where impunity reigns Promises to respect INEC's independence Army raises panel to probe involvement of personnel in elections

President Muhammadu Buhari has said that election tribunals should go beyond cancelling and ordering rerun of an election to investigating and prosecuting those indicted for electoral offences.

The president said this yesterday at the State House Abuja while swearing in the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, and five national commissioners of the commission.

Buhari said anyone found to have perpetrated electoral malpractice — whether they are individuals, candidates or party agents; institutions such as political parties or electoral body; or public officers like electoral staff and security agents — should be prosecuted.

He noted that it was high time the country's justice system addressed the shortcomings in the justice administration of the electoral tribunals.

He therefore directed that perpetrators of electoral violence and thuggery should not be spared, saying until the system stops covering up all forms of electoral malpractice, Nigeria could hardly get it right.

"It is long overdue that our justice system addresses these shortcomings. It is not just enough for an election to be cancelled and a new one ordered. It would be much better if all whose actions or inactions led to the cancellation of such election are investigated and if culpable prosecuted, whether they are individuals, candidates or party agents, institutions such as political party, electoral body, or public officers as electoral staff or security agents.

"Similarly, perpetrators of electoral violence and thuggery should not be spared. Unless our system stops covering up all forms of electoral malpractices we can hardly get it right. No system endures with impunity," he said.

The president said despite the federal government’s constitutional constraints in its engagement with the states' electoral bodies, his administration had a social responsibility to protect the democratic rights of all Nigerians.

"It is totally unacceptable to hide under the cover of the technicality of law to deny the citizens’ (their) rights," Buhari said.

He said his government was considering a different strategy of engagement with state governments on how to make state electoral commissions more independent.

"In almost all the states, the party of the sitting government wins all the council elections, while there is nothing wrong with that if it is the true wish of the people, but majority of Nigerians more often than not think it is not, hence have little respect for the outcome of our council elections. This is responsible for questioning the integrity of such election winners throughout their tenure," he said.

He promised that his administration would respect the independence of the electoral body and would not interfere with its operations.

"For your part, you should not allow yourselves to be unduly influenced or subject yourself to the control of outside forces. You must respect the law and we will hold you bound by the oath which you have just taken. The nation has reposed a lot of trust and confidence in you. You cannot afford to fail," he said.

Buhari said the change promised by the All Progressives Congress (APC)led government should be all embracing in electioneering.

"It starts from change of attitudes, change of work ethics, change in attitude to corruption and corrupt practices, change of party political conduct right from primaries to the emergence of candidates and finally the conduct of elections. In the conduct of elections, we promised to respect the independence of our electoral body, INEC. We promised non-interference in its activities and above all we promised to encourage them to conduct transparently free and fair elections. I hereby pledge to keep that promise.

"Needless to add that the APC is not limited to the control of federal government alone, there are many states that are APC controlled. I expect them to do no less in the way they handle their various States’ Electoral Commissions. All of us, and this includes other political parties, have a responsibility to safeguard the sanctity of democratic values; and the foundation of such values are free association, transparent electoral process and free and fair elections," he said.

Responding, the new chairman of INEC said the commission would be committed to carrying out its responsibilities without fear or favour.

Yakubu also promised that he and his team would not fail the country.

The INEC commissioners sworn in yesterday included Amina Zakari, Solomon Adedeji Soyebi, Antonia Taiye Okoosi-Simbine, Muhammed Mustafa Lecky and Baba Shettima Arfo.

Meanwhile, the Nigerian Army has set up a five-man panel to investigate the alleged involvement of some soldiers and officers during the governorship elections in some states during the 2014 and 2015 elections.

President of the panel and the General Officer of the 1 Division of the Nigerian Army, Kaduna, Maj. Gen. Adeniyi Oyebade, who inaugurated the panel at the headquarters of the Division yesterday in Kaduna, said the Chief of Army Staff (CAS), Lt. Gen. Tukur Yusuf Buratai, insituted the panel based on weighty allegations against some army officers and soldiers during the elections.

“The last general election conducted in March 2015 elicited criticisms in some quarters, especially from the Nigerian Army personnel during the gubernatorial and presidential elections respectively,” Oyebade said, adding, “These allegations were centred on the gubernatorial elections conducted in some states such as Ekiti, Osun, Rivers and Akwa-Ibom to mention a few.”

He said the panel was charged with the responsibility of investigating the allegations and recommending appropriate measures to prevent a reoccurrence..

Oyebade said further that the panel did not have the power to penalise anybody, stressing that “ours is to investigate and submit our findings and recommendations to the Chief of Army Staff. Thereafter, it is left to the Chief of Army Staff based on our recommendations to deal with the issues according to the provisions of the Armed Forces Act”.

He said the military as a noble profession must remain apolitical, adding that politics should be left entirely to the politicians.

According to him, “The role of the military must strictly be in accordance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria as amended. I must hasten to add however, that in spite of these worrisome allegations, the military, has to a large extent performed creditably as the foremost guardian of the nation’s democracy.”

He said witnesses that would appear before the panel would be accorded full respect while all petitions tendered would be treated based on substantiated evidence before conclusions are made.

“I would like to call on the (different) strata in the society and of course the general public to please as a matter of urgency appear in person if they so wish or forward their petitions in form of memorandum either personally to the Headquarters of 1 Division, Nigerian Army, Kawo, Kaduna or email on goc_1div@yahoo.com or through courier to the secretary of the Panel of Investigation on elections,” he said.

Asked whether the panel already has the list of officers to be investigated, Oyebade said: “I don’t want to go into the details of what the panel is going to do, but be rest assured that, yes we have a number of officers and soldiers that the panel will investigate, we have the list but I will not give you any number.”

He said the proceedings of the panel would be open to the media, but they must go through security checks and clearance before they are allowed.

“The proceedings would be open, but I cannot expect a journalist to wake up and start coming to 1 Division to witness the proceedings of the panel. Of course, you must go through the security checks and clearance; we must know who you are and of course if there is a session going on, and we believe that the issues being investigated are important that members of the media should be there, you will be there," he said.

Other members of the panel include Brig. Gen. Sunday S. Araoye, Brig. Gen. Emmanuel B. Kabuk, Brig. Gen. Baba M. Ibrahim, while Col. Danladi Salihu is to serve as its secretary.

The panel commenced work yesterday and it is expected to conclude its assignment on November 26, 2015.