ABSTRACT
There has been considerable concern as to whether the existing legal framework for the prosecution of electoral offenders as encapsulated in the Electoral Act, 2010 (as amended in 2022) is appropriate and adequate for the arrest, investigation and prosecution of electoral offenders. There has also been a serious concern as to the capacity and willingness of the INEC to prosecute electoral offenders in a professional and ethical manner. These concerns hinges on the fact that the refusal, inability or incapacity of the INEC to prosecute electoral offenders encourages electoral impunity, voter apathy and the gradual disengagement of the Nigerian people from the electoral process as some of them believe that electoral fraud and malpractices renders their votes meaningless and even if they voted, their votes may not count. This paper therefore, examine the issues accounting for this unfortunate events in Nigeria with a view to proffering viable measures that are needed to improve the prosecution of electoral offences which are committed in the conduct of elections in the country. Thus this paper found (among others), that the inability or incapacity of the prosecution to trying offenders encourages electoral malpractices. This inability stems from the point of drafting charges where the charges are erroneously drafted by the prosecution who may be the Nigeria Police, INEC, NSCDC and EFCC. Accordingly, the paper recommended (among others) that there is the need for the establishments of special courts involving experts to try electoral offenders so that a culprit does not escape prosecution. This will go a long way to address legal issues on drafting charges where the charges are erroneously drafted by the prosecution who may be the Nigeria Police, INEC, NSCDC and EFCC.
Keywords: Prosecution, Electoral Offences, Conduct, Elections, Malpractices