The police have blamed the delay in investigating and prosecuting alleged violators of the Electoral Act, 2022, on the Independent National Electoral Commission’s failure to provide the names of the offenders.
Muyiwa Adejobi, the Force’s spokesman, stated this on Saturday in response to inquiries about the police’s failure to prosecute prominent Nigerians who obtained multiple nomination papers for different elective offices in the 2023 polls in violation of the Electoral Act.
Anyone who obtains forms for two separate constituencies or offices in the same election faces a two-year prison sentence under the Act.
Section 115 (D) of the Act says, “A person who signs a nomination paper or result form as a candidate in more than one constituency (office) at the same election, commits an offence and is liable on conviction to a maximum term of imprisonment for two years.”
Officials who reportedly obtained expression of interest and nomination forms of their respective parties for the presidential and senatorial seats include the Senate President, Ahmed Lawan; Governors Ben Ayade (Cross River); Bala Mohammed (Bauchi); Dave Umahi (Ebonyi) and a former Minister of Niger Delta, Godswill Akpabio.
After losing the All Progressives Congress presidential primary, Lawan, who represents Yobe North Senatorial District in the National Assembly had fought tooth and nail to displace Bashir Machina, who was declared the winner of the primary for the seat.
Following protestations, INEC subsequently affirmed Machina as the APC Yobe North Senatorial candidate in the forthcoming polls.
The Ebonyi State governor who equally lost the presidential party primary was said to have taken over the APC Ebonyi South Senatorial District ticket won by his younger brother, Austin Umahi.
Citing section 115 of the Electoral Act, Justice Fatun Riman of the Federal High Court, Abakaliki, on Friday, ruled that Umahi was not an aspirant and cannot participate in the election or pre-election matters of the APC All as regards the Ebonyi South.
The court declared Princess Ann Agom-Eze as the APC senatorial candidate for Ebonyi South District.
Like others who failed in their presidential bid, Ayade also picked the northern senatorial district ticket of the APC in his state, while Akpabio won the Akwa Ibom Northwest ticket after withdrawing from the presidential race.
Responding to the non-prosecution of the violators, Adejobi stated, “Let INEC write and inform us about it. If INEC informs the police, we’ll know what to do; this is the job of INEC. We can’t know who is submitting forms; so, let INEC inform us.”
Speaking in an interview on Channels TV, the Resident Electoral Commissioner in Akwa Ibom State, Mike Igini, frowned on the disregard for the law by the politicians.
“Any candidate who runs afoul of this law is liable to be jailed for two years.
Section 115 (3) even states that any attempt to obtain multiple forms is an offence. Section 115 (D) of the 2022 electoral act also stipulates that no person shall sign, obtain more than one form as a candidate for different elections,” he said.
The Inspector-General of Police, Usman Baba, had in June approved the establishment of the Electoral Offences Desk at the Force Criminal Investigations Department.
The office will be supervised from the Force Headquarters in Abuja, with the Commissioner of Police, FCID, as the Desk Officer.