Youth Party Seeks Passage of Electoral Offences Commission Act

The Youth Party (YP) has asked the National Assembly to amend the Electoral Act by passing the Electoral Offences Commission Act, to grant powers to the Independent National Electoral Commission (INEC) to investigate and coordinate enforcement and prosecution of all electoral offences.

It also wants the disqualification of persons who have pending criminal cases against them from vying for public offices. YP further wants pre-election matters relating to eligibility of candidates to be given the same expeditious hearing and status as election petitions and concluded before elections.

The party, in a memorandum on Review of Electoral Act, 2022, by its National Chair, Dr. Umar Muhammad, National Secretary, Helen Adoh, and the National Policy and Strategy, Ayiba Amadu, said:

“The National Assembly should pass an autonomous Electoral Offences Commission Act that will empower INEC with the capacity to investigate and coordinate enforcement and prosecution of all electoral offences.

“Ensure the independence of the proposed electoral Offences Commission be secured by giving them financial autonomy and removing them from the operational control of the Executive and the Attorney General of the Federation and of the states.

“The National Assembly to create specialised electoral offences court with divisions in various states across the federation and are guided by special rules and guidelines that regulate the conduct and timeline of trials.

“Employments of new technologies particularly the use of surveillance drones to monitor elections in various polling centres to facilitate real-time incident reporting.

“Organise periodic specialised training for security forces to combat electoral violence and clearly delineate their roles during elections.”

“Political offices are public trusts and persons elected into these offices become public trustees; it is critical that a trustee must be a person of character and integrity to be able to manage whatever the settlor is trusting on to him for the benefit of the beneficiaries.

“It is, therefore, our belief that for the advancement of common good and to ensure that only persons of integrity and unquestionable character are elected into public offices, there is need to amend the constitution to disqualify persons who have pending criminal cases against them from vying for public offices.”

“There are many arguments against this, but the dangers of allowing such persons to run for office are considerable.

“For instance, a person under trial for murder of 10 Nigerians may contest and win election even from the prison as we have witnessed in this country.

“Upon being elected, he becomes immune from criminal trials by virtue of section 308 of the 1999 Constitution as amended.

“He is also almost sure of serving a second term. Thus, for eight years, he will not return to the courts to face trial.

“In addition, a governor is in charge of the Ministry of Justice, which is the prosecutorial authority.

“The Ministry of Justice through the Director of Public Prosecution is expected to prosecute him or her (the governor or president) after his or her tenure of office.

“The danger of tampering with evidence and witnesses is real than imagined.

“For instance, he is the person that appoints and removes at his own wish the Attorney General that is supposed to prosecute him.

“The person upon election takes charge of the Police and other Prosecutorial agencies and appoints their heads.

“For instance, a person who is under trial for corruption becomes directly in charge of the Economic and Financial Crimes Commission, if he is elected President.

“Furthermore, all the witnesses especially those that are civil servants also come under his power to hire and fire.

“With all these considerations, it is apparent that such a person may utilise state powers to frustrate his trial.

“This is not healthy as it results in persons who are not trustworthy occupying positions of public trust.

“Many may argue that this proposal will constitute a violation of the right to fair hearing and innocence until proven guilty, but the greater and common good of all Nigerians demands that such persons should not be allowed to vie for public office until they are cleared.

“The right of such candidates begins and ends where the right of Nigerians to good governance starts.”

It further recommended that “Pre-election matters relating to eligibility of candidates should be given the same expeditious hearing and status as election petitions.

“It should be resolved at the high court and at the Court of Appeal being the final court before the Election.

“Also, Section 66, 107, 131 and 177 of the Constitution should be amended to allow the court, upon application by INEC or any other person, to disqualify any candidate who has any pending criminal charge to answer from contesting in any election until he is cleared of all charges.

“Also, cases relating to qualification of a candidate should be treated with the greatest expediency both at the trial and appellate courts.”