Ekiti vote buying: We can’t arrest suspects, INEC tells SERAP

The Independent National Electoral Commission says though it has powers to prosecute allegations of vote buying by the All Progressives Congress and the People’s Democratic Party during the recent governorship election in Ekiti State, it lacks the powers to arrest and investigate suspects.

The INEC said this yesterday in response to a letter by the Socio-Economic Rights and Accountability Project to the commission’s chairman, Professor Mahmood Yakubu, requesting the electoral body to investigate allegations of vote buying.

The commission, in a letter signed by its Acting Secretary Okechukwu Ndeche, said that while its legal officers or any legal practitioner appointed by it could prosecute alleged vote buying, other agencies must first arrest and investigate suspects before the commission could prosecute. 

“The commission wishes to inform SERAP of the constraints posed by extant statutory provisions against your well-intended request.”

“You may also wish to note that it is not part of the constitutional duties of the commission to arrest and investigate suspects found to have contravened provisions of the Electoral Act or any other Law for the time being in force. Section 150(2) of the Electoral Act 2010 (as amended) only confers powers on Legal Officers of the commission or any other Legal Practitioner appointed by it to undertake prosecution of offences disclosed under the Act.”

“We wish to assure you that the commission will continue to partner with relevant security agencies to prosecute electoral offenders,” the letter read.

Reacting, the SERAP said it would soon approach the court to seek orders to compel the commission to work with other agencies to ensure the immediate arrest, investigation and prosecution of all suspects of vote buying in Ekiti, Anambra, Edo and Ondo States.