Chief Michael Aondoakaa, SAN, former Attorney-General of the Federation and Minister of Justice, has called for the establishment of an Electoral Offences Tribunal in Nigeria, describing it as a crucial step towards addressing electoral malpractices and ensuring credible elections.
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Speaking during an interview on Arise Tv program, Aondoakaa emphasized that such a tribunal would serve as a deterrent to electoral offenders and strengthen the integrity of Nigeria’s electoral process.
Aondoakaa’s comments came in response to concerns raised by Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), over the delayed prosecution of electoral offences. Yakubu had lamented that many cases from the 2023 general elections remain pending in courts, attributing the delays to the lack of a specialized tribunal to handle such matters.
The former Attorney-General agreed with Yakubu’s call for an Electoral Offences Tribunal, noting that electoral offences are a significant part of the corrupt practices undermining Nigeria’s elections. “If people are punished through appropriate penal provisions and sanctions, it will create a deterrent effect,” Aondoakaa stated. He added that the tribunal would ensure speedy trials and discourage politicians and their supporters from engaging in electoral violence and malpractice.
Aondoakaa revealed that the proposal for an Electoral Offences Tribunal was part of the electoral reforms initiated during the administration of the late President Umaru Musa Yar’Adua. He explained that the Federal Executive Council, under his leadership as Minister of Justice, had approved the establishment of the tribunal and forwarded the proposal to the National Assembly. However, the bill was not passed into law.
“The idea was to create a tribunal with no other jurisdiction except to deal with matters relating to electoral offences. It was designed to ensure speedy trials and deterrence,” Aondoakaa said. He urged the current administration of President Bola Tinubu to revisit the proposal and prioritize its enactment before the 2027 general elections.
Aondoakaa highlighted the practical challenges of prosecuting electoral offences under the current system, where cases are handled by magistrates and state high courts. He noted that these courts are often overwhelmed with other cases, leading to delays in the dispensation of justice.
“A magistrate or judge cannot prioritize electoral offences over other criminal cases. By the time they get to these cases, they are often exhausted, and the cases are adjourned,” he explained. He suggested that INEC collaborate with the National Judicial Institute to develop fast-track rules for handling electoral offences at the magistrate level, pending the establishment of the tribunal.
Aondoakaa commended the judiciary for its recent conviction of a former INEC official, Professor Peter Ogban, who was sentenced to three years in prison for electoral fraud during the 2019 general elections. He described the judgment as a strong signal that the judiciary is committed to cleaning up the electoral system.
He also praised President Tinubu for terminating the appointments of three Resident Electoral Commissioners (RECs) implicated in electoral malpractices. “The president has shown courage in taking this step. It sends a clear message that electoral offences will not be condoned,” Aondoakaa said.
Aondoakaa urged President Tinubu to prioritize electoral reforms, particularly the establishment of the Electoral Offences Tribunal, as part of preparations for the 2027 general elections. He expressed confidence that the tribunal would enhance the credibility of Nigeria’s elections and deter future offences.
“The president has the willpower to make history by ensuring the establishment of this tribunal. It will create a fair and clean electoral system that everyone can trust,” he said.
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