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Warning! Commit Any of These Offences on Election Day and Go to Jail
As Nigerians head to the polls for the 2023 general elections to elect leaders in various capacities across the country, certain rules have been laid down for which offenders are liable to penalties ranging from fine, jail terms or both.
Against this background, it’s critical that the electorate get to intimately understand the laws and what constitutes as electoral offences and how to avoid all that before, during and after the elections.
According to the Independent National Electoral Commission, INEC, anyone in breach of any of these provisions is liable to being arrested and charged to court and prosecuted by INEC after investigation by the relevant Security Agencies.
The offences and corresponding penalties are contained in the Commission’s Electoral Offences and Penalties published in February 2019.
These are some of the electoral offences prescribed by Nigerian Law as of December 31, 2018.
Voter Registration
OFFENCE: Registering more than once, unlawful possession of a voter’s card, selling or buying of voters card
PENALTY: A fine not exceeding N100,000 or imprisonment for one year or both
OFFENCE: Giving false information in any application for registration as a voter
PENALTY: A fine not exceeding N500,000 or 12 months imprisonment or both
OFFENCE: Hindering another person from registering as a voter
PENALTY: A fine not exceeding N500,000 or 5 years imprisonment or both.
OFFENCE: Impersonating a registration official, carrying out registration of persons illegally or forging a registration card
PENALTY: A maximum fine of N1,000,000 or 12 months imprisonment or to both.
Nomination
OFFENCES:
(a) Forging a nomination paper or result form;
(b) Wilfully defacing or destroying a nomination paper or result form;
(c) Delivering to an electoral officer a forged nomination paper or result
(d) Signs a nomination paper or result form as a candidate in more than one constituency at the same election
PENALTY: Person who commits an offence under subsection (1) of this section is liable on conviction to a maximum term of imprisonment for 2 years.
Ballot Papers and Ballot Boxes
OFFENCES:
a. Unlawful possession of a ballot paper
b. Illegal printing of ballot papers
c. Illegal production or importation of ballot boxes.
PENALTY: A maximum fine of N50,000,000 or for a term of imprisonment of not less than 10 years or both.
Disorderly Behaviour at Political Meetings
OFFENCE: To act in a disorderly manner or be in possession of offensive weapon of a political meeting
PENALTY: A maximum fine of N500,000 or imprisonment for 12 months or both
Improper Use of Voter Card
OFFENCE: Unlawful giving of a voter’s card to some other person for use at an election other than, an officer appointed to do so; being in possession of more than one voters cards
PENALTY: A maximum fine of N1,000,000 or imprisonment for 12 months or both
Improper Use of Vehicles
OFFENCE: Conveying any person to a registration office or to a polling unit by government vehicle or boat, except in respect of a person who is entitled to use such vehicle or boat
PENALTY: A maximum fine of N500,000.00 or imprisonment for six months or both
Impersonation and Voting when not Qualified
OFFENCE: A person voting or attempting to vote at an election when he/she is not qualified, or inducing a person to vote at an election knowing that such person is not qualified.
PENALTY: A maximum fine of N500,000 or 12 months imprisonment or both.
Dereliction of Duty/ False result
OFFENCE: A Polling Officer failing to report on time or to discharge his duties on an election day without lawful excuse
PENALTY: On conviction to a maximum fine of N500,000 or 12 months imprisonment or both.
OFFENCE: Announces or publishing a false election result
PENALTY: 36 months imprisonment.
Announcing or Publishing A False Election Result
OFFENCE: Returning Officer or Collation Officer or person delivering a false certificate of return.
PENALTY: 3 years imprisonment without an option of fine.
Bribery and Conspiracy: Vote Buying
OFFENCES
a. Paying money to any other person for bribery at any election. On conviction to a maximum fine of N500,000 or 12 months imprisonment or both.
b. Receiving any money or gift, for voting or to refrain from voting at any election.
PENALTY: A maximum fine of N500,000 or imprisonment for 12 months or both
Requirement of Secrecy in Voting
OFFENCES:
a. Not maintaining the secrecy of voting at a polling unit.
b. Interfering with a voter casting his vote
PENALTY: A maximum fine of N100,000 or to imprisonment for a term of 6 months or both.
Wrongful Voting and False Statements
OFFENCES:
a. Illegal voting at an election
b. Publishing any statement of the withdrawal of a candidate or about his personal character.
PENALTY: A maximum fine of N100,000 or imprisonment for a term of 6 months or both.
Voting by Unregistered Persons
OFFENCE: To bring into a polling unit during an election a voter’s card issued to another person
PENALTY: A fine of N100,000 or to imprisonment for a term of 6 months or both.
Disorderly Conducts at Elections
OFFENCE: Inciting others to act in a disorderly manner
PENALTY: A maximum fine of N500,000 or imprisonment for a term of 12 months or both.
OFFENCES:
Within a distance of 300 meters of a polling unit
a. Canvassing for votes, persuading any voter not to vote for any particular candidate or being in possession of any offensive weapon, wear or display any notice, symbol, photograph or party card
b. Using any vehicle bearing the colour or symbol of a political, loitering around a polling unit blaring siren.
OFFENCE: Snatching or destruction of any election material
PENALTY: 24 months imprisonment.
Undue Influence
OFFENCE: Accepting money or any other inducement during an election.
PENALTY: A fine of N 100,000 or imprisonment for a term of 12 months or both.
Threatening
OFFENCES:
a. Threatening a person with violence or injury to compel that person to vote or refrain from voting
b. Preventing any political aspirant from free use of the media vehicles, mobilization of political support and campaign at an election;
PENALTY: A fine of N1,000,000 or imprisonment for a term of 3 years.
Campaign and Campaign Finance
OFFENCE: Unlawful possession of a weapon at a political rally or voting centre
PENALTY: A maximum fine of N2,000,000 or imprisonment for a term of 2 years or both.
OFFENCE: Threatening any person with violence during any political campaign
PENALTY: In the case of an individual, to a maximum fine of N1,000,000 or imprisonment for a term of 12 months. In case of a political party, a fine of N2,000,000 in the first instance, and N500,000 for any subsequent offence.
OFFENCES:
Campaigning in public earlier than 90 days before polling day or ending it less than 24 hours to the election.
A political party, advertising in a newspaper , radio or TV less than 24 hours before polling day
PENALTY: A maximum fine of N500,000
OFFENCES:
Employing State apparatus including the media to the advantage or disadvantage of any political party or candidate at any election.
Unequal allocation of Media time among political parties or candidates
PENALTY: A maximum fine of N500,000 in the first instance and to a maximum fine of N1,000,000.00 for subsequent conviction.
OFFENCE: Broadcasting or publishing any material for the purpose of promoting or opposing a particular political party or a candidate during 24 hours immediately preceding or on polling day.
PENALTY: A maximum fine of N500,000 or to imprisonment for a term of 12 months and in case of a body corporate shall pay a maximum fine of N1,000,000
Offences relating to finances of a political party
OFFENCE: A Political Party possessing any fund outside or retaining funds or other asset remitted to it from outside Nigeria
PENALTY: Forfeiture of the funds or assets to the Commission and in addition may be liable to a fine of not less than N500,000.
Limitations on Election Expenses and Contribution to a Political Party
OFFENCE: A Presidential Candidate incurring more than N1,000,000,000 as election expenses.
PENALTY: Presidential election, to a maximum fine of N1,000,000 or imprisonment for a term of 12 months or both
OFFENCE: A Governorship candidate incurring more than N200,000,000
PENALTY: Governorship election to a fine of N800.000 or imprisonment for a term of 9 months or both
OFFENCE: A Senatorial and House of Representatives candidates exceeding N40,000,000 and N20,000,000 respectively.
PENALTY: Senatorial election to a fine of N600,000 or imprisonment for a term of 6 months or both House of Representatives election to a fine of N500,000 or imprisonment for a term of 5 months or both;
OFFENCE: A candidate for State Assembly election spending more than N10,000,000.
PENALTY: State House of Assembly election to a fine of N300,000 or imprisonment for a term of 3 months or both;
OFFENCE: A candidate for Chairmanship of an Area Council incurring more than ten million naira N10,000,000
PENALTY: In the case of Chairmanship election, to a fine of N300,000 or imprisonment for a term of 3 months or both
OFFENCE: In the case of Councillorship election to an Area Council, exceeding more than the maximum of election expenses of one million naira N1,000,000
PENALTY: Councillorship election, to a fine of N100,000 or imprisonment for a term of one month or both
OFFENCE: An individual or other entity donating more than N1,000,000 to any candidate.
PENALTY: A maximum fine of N500,000 or imprisonment for a term of 9 months or both.
OFFENCES:
Aiding a candidate to forge or falsify a document relating to his expenditure at an election Imprisonment for a term of 10 years.
Refusal by a political party to submit its election expenses to INEC in a separate audited return within 6 months after an election
PENALTY: A maximum fine of N1,000,000 and in the case of failure to submit an accurate audited return within the stipulated period, the court may impose a maximum penalty of N200,000 per day on any party for the period after the return was due until it is submitted to the Commission.
OFFENCE: A political party shall not incur election expenses beyond the limit stipulated in this Act. A political party which contravenes this subsection commits an offence and is liable on conviction.
PENALTY: A maximum fine of N1,000,000 and forfeiture to the Commission of the amount by which the expenses exceed the limit set by the Commission.
The Federal High Court in Abuja, on Tuesday, gave the leader of the Indigenous People of Biafra, Nnamdi Kanu, until November 5 to defend the terrorism charges filed against him or risk waiving his right to do so.
The trial judge, Justice James Omotoso, advised Kanu to consult legal practitioners experienced in criminal law to assist with his defence or to formally appoint a lawyer to represent him in court.
Justice Omotosho’s decision followed Kanu’s continued refusal to open his defence, insisting that there was no valid charge pending against him.
Kanu, who represented himself during Tuesday’s proceedings, told the court that he would not return to detention unless the charges against him were properly presented.
He argued that his continued detention by the Department of State Services was unlawful, maintaining that he had not breached any known law.
He also accused the court of disregarding the Supreme Court’s judgment which, according to him, condemned his extraordinary rendition from Kenya.
He demanded that the trial judge immediately discharge him from custody.
When reminded that the Supreme Court had ordered a fresh trial, Kanu maintained his position that the terrorism charge was invalid and incompetent.
Citing Section 36(12) of the 1999 Constitution, he argued that there was no existing law creating a terrorism offence in Nigeria.
“In Nigeria today, the Constitution is the supreme law. There is no valid charge against me. I will not go back to detention today. The Terrorism Prevention and Prohibition Act has been repealed. I cannot defend myself under a repealed law,” Kanu said.
He further challenged any lawyer to show him a valid charge, urging the court to “take judicial notice” of what he claimed was the repeal of the terrorism law.
“I cannot be tried under a law that has been repealed. Prosecuting me under such a law is a violation of my fundamental rights,” he insisted.
After several attempts to persuade him to enter his defence, Justice Omotosho adjourned proceedings until November 5, 2025, giving Kanu the final opportunity to either defend the charge or forfeit his right to do so.
During the session, counsel for the Federal Government, Adegboyega Awomolo (SAN), informed the court that some documents served on him by Kanu were unsigned and not endorsed by the court, arguing that they held no evidential value.
There was drama in the Senate on Tuesday following the recent threat by Donald Trump, the President of the United States to take military action against Nigeria over alleged persecution of Christians.
It started when Godswill Akpabio, the Senate President, was addressing reports by an online platform alleging that he had publicly rebuffed Trump over his recent comments and had said Nigerians were “not complaining” about their condition.
The visibly displeased Senate President denied ever making such statements, describing them as “false and malicious.”
He condemned the publication, saying it was an attempt to create diplomatic tension and discredit the National Assembly.
“The fake report claimed I said Nigerians are not complaining that we like the way we are living. That is completely false. I have petitioned the police and the DSS,” he said.
Akpabio said, “Somebody will sit in the comfort of his room and fabricate a report, attaching fake pictures from 2023 when I visited Port Harcourt with senators for a completely different event, and then claim that the Senate President replied President Trump.
“Who am I to answer Trump?” Akpabio asked jokingly.
The issue, however, sparked heated reactions on the floor of the Senate as Akpabio, and his deputy, Barau Jibrin, openly differed on how the Nigerian legislature should respond.
While Akpabio dismissed reports that he had already reacted to Trump’s comments, declaring, “Who am I to answer Trump?”, Barau quickly interjected, insisting that he was not afraid of the American leader.
“I’m not scared of Trump. I will say my mind. I’m a Nigerian. Nigeria is a sovereign nation,” Barau said passionately.
The Deputy Senate President added, “I’m a parliamentarian, the Deputy Senate President, I can speak. Don’t be scared of Trump. You can say your mind about Trump. We are a sovereign nation.”
The exchange, which briefly lightened the mood in the chamber, underscored a divide in tone between both presiding officers on how Nigeria’s parliament should handle the diplomatic row.
“It is the Presidency that will respond to President Trump, not the Senate President. But who is that person that would ascribe a comment to me when I was never contacted?”
Akpabio urged security agencies to investigate and prosecute those behind the viral story, describing it as an effort to “cause friction and bring the Nigerian Senate into disrepute.”
“I believe the Cybercrimes Unit of the police, the DSS, and others should find that character out. This is meant to sow division. Social media should not be allowed to break Nigeria,” he added.
The Senate President, however, noted that the Red chamber would take an official position on Trump’s remarks once the federal government had clarified its stance.
He said, “When the executive responds, we will take a position as a Senate. Until then, no one should speak for this institution.”
Over the weekend, Trump declared via social-media that Nigeria faces “an existential threat” to its Christian population and warned that the U.S. may deploy troops or conduct air-strikes if the Nigerian government fails to halt the killings.
He instructed the Pentagon to prepare for possible action and threatened to cut all U.S. aid to Nigeria.
In tandem, the U.S. re-added Nigeria to its “Country of Particular Concern” list for religious freedom violations.
The Nigerian government rejected the designation and the characterisation of persecuting Christians, insisting that Nigeria protects religious freedom for all.
Source: businessday.ng
China, on Tuesday, opposed US President Donald Trump’s threat to carry out military action against Nigeria over the alleged persecution of Christians, as it backed the Nigerian government in leading its people to follow a development path in line with its national conditions.
Trump Saturday said if the Nigerian government continues to allow the killing of Christians, the US will immediately stop all aid and assistance to the West African country, and may go for military action to wipe out the Islamic terrorists.
Asked for her comments on Trump’s threat, Chinese Foreign Ministry spokesperson Mao Ning told the media that the Nigerian Foreign Ministry issued a statement, stating that the US’s claims did not reflect the current realities in Nigeria, and the government had remained committed to fighting terrorism, strengthening interfaith harmony, and protecting the lives and rights of all its people.
As a comprehensive strategic partner, China firmly supports the Nigerian government in leading its people to follow a development path in line with its national conditions, Mao said.
“China opposes interference by any country in the internal affairs of other nations under the pretext of religion or human rights and opposes the arbitrary use of sanctions and threats of force,” she said.
On the reports that Venezuela is seeking missiles and drones following a dozen US strikes on the boats in the region on the suspicion that they carried drugs, Mao said China is opposed to the use of force in the name of fighting drug cartels.
China supports enhanced international cooperation in combating transnational crimes, but opposes the use of threats of using force in international relations, and actions that undermine peace and stability in Latin America and the Caribbean, she said.
China is against unilateral so-called law enforcement operations against vessels of other countries that exceed reasonable and necessary limits, she added.
“We hope the US will carry out normal law enforcement and judicial activities within bilateral and multilateral legal frameworks,” Mao said, without mentioning whether China will support military equipment to Venezuela.
“China’s normal exchanges and cooperation with Venezuela are conducted between sovereign states, without targeting any third party, nor are they subject to interference or influence by any third party,” she said.
Source: orissapost
