NHRC: Not prosecuting electoral offenders threatens fair elections

The Executive Secretary of the National Human Rights Commission (NHRC), Tony Ojukwu, said on Monday that not prosecuting electoral offenders is a challenge for free and fair elections.

Ojukwu, who is a Senior Advocate of Nigeria (SAN), pointed out that electoral crimes will keep happening in Nigeria as long as people can commit these crimes without facing any consequences.

He made these comments when he hosted a team from the United Nations Office for West Africa and the Sahel (UNOWAS) at the NHRC headquarters in Abuja.

The team was led by Leonardo Simao, the Representative of the United Nations Secretary-General for West Africa and the Sahel (SRSG) and Head of UNOWAS.

They discussed Nigeria’s political and security situation, especially the upcoming 2027 general elections, the challenges and opportunities that come with it, and efforts to promote peaceful elections.

Ojukwu talked about the commission’s plans to ensure the upcoming elections go smoothly. He stated that “people who are committing these election offences are acting on behalf of key politicians.”

This, he said, makes it hard to hold politicians “accountable for the acts of their agents.”

“And this continues to make the environment very fragile. Because as long as people can commit these election-related offences and go scot-free, then anybody can try anything they like,” the senior advocate added.

He expressed disappointment over the lack of action on a recommendation from the Justice Mohammed Uwais electoral reform report. This report called for “the establishment of an election offences framework, which is supposed to deal disproportionately with any election-related offence.” The committee was set up by the former President Umaru Yar’adua to reform the electoral system after admitting that the 2007 election was flawed.

Ojukwu mentioned that the visit was a great opportunity to highlight this issue, saying he was hopeful that the team would engage with key government officials.

He also noted that political campaigns for the 2027 general elections have been filled with controversial statements from public figures. Prominent Islamic cleric Sani Jingir recently described Nigeria as a Muslim-majority country and called for support for the Muslim-Muslim presidential ticket of the ruling All Progressives Congress (APC) in 2027, criticizing anyone who disagreed.

This statement drew criticism and even led the NHRC to demand for Jingir's arrest for inciting religious hatred and hate speech.

In a similar case, Francis Fadahunsi, the senator for Osun East Senatorial District, issued death threats to members of the Accord Party in the Ilesa area just days before the Osun State governorship election in August.

In that same month, Danjuma Shekwolo, the Chairman of Kuje Area Council in the Federal Capital Territory (FCT), was filmed telling residents to either vote for the APC or leave.

Ojukwu said all these actions do not promote a fair campaign environment. To address this, he revealed that the commission is preparing an advisory to guide the behavior of political actors and security personnel, and to inform the government about its limits in interfering with citizens’ rights.

He added that another advisory will help the government respond to civic space issues and address fears caused by the misuse of the Cybercrime Act.

Simao praised the NHRC for its efforts. He emphasized that campaigns should happen within the law, protecting human life, and preventing violence.

He added that the goal of the visit was to collaborate with different institutions and stakeholders to prepare for the upcoming elections.

“When elections go without violence, there is a lot of work that happens before. Sometimes it is not visible to the general public. Our role as the United Nations, and Nigeria being an important member, is to help where needed to ensure that elections take place peacefully,” he explained.

Simao encouraged NHRC to keep its patriotic spirit to ensure peaceful elections. He mentioned that the team was not there to inspect NHRC’s work: “Our objective is that Nigeria continues to be an example to others. You cannot afford to fail. It’s forbidden for Nigeria to fail.

“Our work is to keep reminding you that you can do it and you will do it,” he stated.