INEC officials risk prosecution over voters’ register publication

The Independent National Electoral Commission (INEC) faces potential criminal prosecution over its failure to publish the national voters’ register online, according to election monitoring organisation Yiaga Africa.

The warning comes as civil society groups demand greater transparency in the management of the electoral roll. Yiaga Africa noted that the failure to make the register accessible digitally may violate statutory requirements intended to ensure electoral integrity.

According to the monitoring group, any INEC official or staff member convicted of failing to display the register as prescribed by law could face a fine of N100,000, a six-month prison term, or both. The warning regarding the commission’s failure to publish the voters’ register online highlights growing concerns over the transparency of Nigeria’s electoral processes.

Legal penalties for non-compliance

The demand for the online publication of the voters’ register is based on the necessity for political parties, civil society organisations, and the general public to verify the accuracy of the electoral roll. Access to this data is a critical component of the audit process, allowing stakeholders to identify discrepancies, such as deceased voters or duplicate entries, before elections are conducted.

Samson Itodo, representing the concerns of the monitoring body, emphasised that the legal framework governing elections provides specific mandates for how the commission must handle and display voter data. Failure to adhere to these mandates moves the issue from a mere administrative lapse to a criminal matter involving the personal liability of commission officials.

For years, Nigerian election reformers have argued that digital access to the voters’ register is essential to reducing the margin for fraud and increasing public confidence in the Independent National Electoral Commission. When the register remains inaccessible, it creates a vacuum of information that often leads to suspicion and litigation during election cycles.

The potential for imprisonment and fines for INEC staff serves as a stark reminder of the legal obligations placed on the commission to maintain an open and verifiable electoral database. While the commission has previously cited technical or logistical reasons for various delays in data management, the threat of prosecution introduces a new level of legal pressure to comply with the law.

At present, the specific reasons for the delay in the digital publication of the current register have not been fully addressed by the commission. The Independent National Electoral Commission has not yet issued a formal response to the specific warnings regarding potential criminal prosecution or provided a definitive timeline for the online release of the data.

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