2019: I won’t take directives from anybody —INEC boss

Chairman of the Independent National Electoral Commission (INEC), Professor Mahmoud Yakubu, has dismissed insinuations that the commission takes directive from the Federal Government  officials in the course of carrying out its functions.

Professor Yakubu made the clarification on Tuesday, in Abuja, at the stakeholders’ validation conference on 2017-2021 INEC strategic plan.

Nigerian Tribune gathered that the electoral body came under criticisms following its stance that the All Progressives Congress (APC) could substitute its late governorship candidate in Kogi State, Audu Abubakar, in the 2015 governorship election for a fresh supplementary election.

INEC’s pronouncement, coming on the heels of a similar declaration by the Attorney-General of the Federation (AGF),  Abubakar Malami, was taken as queuing behind the stance of the Muhammadu Buhari-led administration.

The AGF had said the APC could substitute its candidate in the Kogi State governorship election who died a day after the November 21, 2016 election.

Malami, who was speaking at a seminar organised by the Nigerian Law Reform Commission on the reform of the National Environmental Standards and Regulation Enforcement Agency (establishment) Act, said Section 33 of the Electoral Act provided for such substitution and further submitted that the Kogi election had to be concluded.

Addressing the gathering of newsmen, politicians and consultants to the commission,  the INEC chairman, who admitted that the inconclusive Kogi governorship election held in 2015 was his toughest challenge, however, denied that the commission took directive from the Federal Government.

He further assured that he would not make himself pliable to anybody in the forthcoming 2019 general election.

Deputy Commissioner of Police, Olawale Olokode, who represented the Inspector-General of Police, Ibrahim Idris, expressed confidence in the electoral body’s commitment to deliver on its promise of free, fair and credible elections, but further noted that the task of delivering transparent electoral process was the responsibility of all Nigerians.

He said: ‘’ I have explained this over and over but I am going to say it again: about what happened  in Kogi. It came with its own complications that challenged our electoral jurisprudence.

‘’There was the impression that our response came late and it came after the comment by the Attorney General of the Federation, Abubakar Malami suggesting also  that there was indication or inference that we took a cue from what he said. That wasn’t what transpired.

‘’The election was declared inconclusive and the APC candidate died on Sunday, the election was conducted on Saturday. We had a meeting on Monday, we looked at the laws, we sought for the advice of our legal service department, we took a decision which came by way of a press release, the AGF office also issued a statement.

‘’But people thought  we took  a cue from the AGF. No, we didn’t. The position we took in the case of Kogi was actually supported by the Supreme Court in its landmark judgment. So, we don’t take a cue from anybody in arriving at our decisions and I want to assure this gathering that we will never, ever take instructions or directive from anybody. We take our own decisions and live by the consequences.‘’

Professor Yakubu  who expressed concern over what he called encumbrances to prosecution of electoral offenders revealed that the Commission as part of its strategic plan was determined to establish its own prosecution unit.

‘’In order to facilitate more effective prosecution, reduce impunity, and enhance deterrence, the commission will establish a prosecution unit, staffed by trained prosecutors to facilitate quicker and more effective prosecution of electoral offences.

‘’You make a strategic  plan  within the confines of the law at particular time  and you look for avenues to deal with it within the confines of the law and that is what we have done.”

Reinforcing the need for electoral offences tribunal, the INEC chairman said his Commission lacked the capacity and institutional framework to deal with perpetrators of election malfeasance.

‘’While we continue to make these efforts, my position has consistently been as follows. That it is very, very difficult for one to prosecute himself.  INEC has been saddled with the responsibility of prosecuting electoral offenders but look at the challenges. We have continued to do our best. But look at the ground rules. There are some you have to make arrest of electoral offenders, INEC has no police to make arrest.

‘’Secondly, you have to investigate and to do that you must  have evidence to successfully  prosecute. We have no power under the law to investigate. So, how do we successfully prosecute?  That is why I have said consistently that this nation needs an electoral offences tribunal which every violator of the electoral law is subjected.

That’s the solution in my view so that if you violate the laws, you know that there would be justice.”

Speaking on staff of the Commission who were indicted over their unsavoury roles in the Rivers state election rerun, Professor Yakubu revealed that those indicted are facing prosecution.

‘’But of course, after what happened in Rivers with the money that we talked about, the Directorate  of Public Prosecution of the Federation is prosecuting 23 staff of the commission. We have already invoked the powers of the commission under the terms and conditions of service of staff and placed all the 23 staff on interdiction. They will be on suspension and on half salary until they prove their innocence .  And we are going to do the same thing with the list that is handed over from the EFCC of the 22 staff so far. Investigation is ongoing.”

Director –General of Voice of Nigeria, Osita Okechukwu,  called for adequate funding of INEC for the commission to actualize some of its laudable programmes.

‘’ INEC must  be well funded, so that issue of funding will not be a challenge.”