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Warning! Commit Any of These Offences on Election Day and Go to Jail
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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.
Headlines
Tinubu’s Absence: There’s No Vacancy in Aso Rock, Akpabio Declares
President of the Senate, Godswill Akpabio has dismissed calls for President Bola Tinubu to hand over power to Vice President Kashim Shettima, saying there is no leadership vacuum despite the President’s continued working vacation abroad.
Speaking on Tuesday, in Akwa Ibom State, while commissioning road projects executed by Governor Umo Eno, Akpabio addressed public concern over Tinubu’s three-week holiday, which was recently extended by one week. He insisted the President remains fully in office and continues to carry out his constitutional duties.
“I am the Senate President, and I am not the acting President of Nigeria, because President Tinubu is still in power. He is on a working leave, and there is no absence in Aso Rock. The world is a global village, and one can give instructions over the internet. So, why are people complaining?” he retorted.
Akpabio emphasized that only his office can declare a presidential vacancy and that no such condition currently exists. “Right now, there is no vacancy. Asiwaju Tinubu is still in power, and he is still running the affairs of Nigeria,” he added.
To underscore the President’s continued engagement, Akpabio disclosed of recent diplomatic contacts, including communications with French President Emmanuel Macron.
His remarks may have finally put to bed, unnecessary concerns raised by critics who claim the extended absence has hindered governance. Invoking modern communication, Akpabio argued a “remote” presidency can still function effectively.
The Presidency has not provided a formal return date for President Tinubu. Akpabio’s comments, however, signal a united stance within the ruling All Progressives Congress (APC) aimed at quelling speculation about a leadership crisis.
Headlines
Nigeria Can Not Be on Vacation, Who is in Charge? Atiku Queries over Vacuum in Aso Rock
Former Vice President Atiku Abubakar has asked the Presidency and the National Assembly to clarify who is constitutionally exercising the powers of President Bola Ahmed Tinubu following the expiration of the 21-day period announced for the President’s annual vacation.
Recall that Tinubu left Nigeria on August 30 for a three-week annual vacation in Europe. The President’s absence coincided with Vice President Kashim Shettima’s official engagements outside the country, including his current representation of Nigeria at the 81st United Nations General Assembly in New York.
In a personally signed statement on Monday, Atiku argued that the expiration of the 21-day period had raised questions under Section 145 of the 1999 Constitution regarding the transfer of presidential powers.
Section 145(1) provides for the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives when proceeding on vacation extending beyond a specified period or when otherwise unable to perform the functions of his office.
Atiku said Nigerians had not been shown any such declaration transferring presidential functions to Shettima.
“President Tinubu left Nigeria on 30 August. The Presidency publicly announced a three-week vacation. Yet, to date, Nigerians have not been shown any constitutional letter transmitting presidential authority to Vice President Kashim Shettima.
“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately,” Atiku said.
The 2027 African Democratic Congress (ADC) presidential candidate, said the constitutional provision also addresses a situation where the President fails to transmit the required declaration.
He referred to Section 145(2), which provides that where the President is unable or fails to transmit the declaration within 21 days, the National Assembly can, by a simple majority in each chamber, mandate the Vice President to perform the functions of President as Acting President.
Atiku therefore asked the National Assembly to explain whether the constitutional procedure had been activated.
“If it does not, then the constitutional mechanism contemplated by Section 145(2) has been triggered, and the National Assembly owes Nigerians an explanation as to why it has not acted.
“This is not a matter of political convenience. It is a matter of constitutional order,” he said.
Atiku further drew attention to Shettima’s presence in New York, where he is leading Nigeria’s delegation to the 81st United Nations General Assembly based on the President’s directive.
Atiku said the situation raised a question about who was exercising presidential authority in Nigeria and under what constitutional instrument.
“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” he asked.
The former Vice President also criticised what he described as reliance on informal indications of presidential activity while the President remains abroad.
“Nigeria cannot be governed by assumptions. It cannot be governed by presidential social-media posts from Europe.
“It cannot be governed by photographs from private dinners at the Élysée Palace.
“It cannot be governed on autopilot,” he said.
Atiku also said President Tinubu should be in the country at a time like this, linking his concerns to recent domestic developments in the country, including the deaths of 37 Nigerians in the custody of the Nigeria Security and Civil Defence Corps in Minna.
He said the incident had led to investigations, suspensions and calls for independent scrutiny.
He also raised concerns about petrol prices, claiming that the product was selling for as much as ₦1,500 per litre in some parts of the country.
“These are not ordinary times. Yet the President is abroad. The Vice President is abroad.
“The Senate President is abroad. And Nigerians have not been told, in the clear constitutional language required of a serious democracy, who is exercising the powers of the President,” Atiku said.
Atiku acknowledged the diplomatic significance of Tinubu’s private dinner with French President Emmanuel Macron in Paris but argued that Nigeria’s governance responsibilities could not be suspended while the President was abroad.
“President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes. But Nigeria itself cannot be placed on vacation.
“The Constitution does not recognise a ‘working vacation’ as an alternative system of presidential succession.
“It provides a procedure. That procedure must be obeyed,” he argued.
Atiku consequently called on the Presidency to disclose whether Tinubu transmitted the declaration required under Section 145(1) before leaving Nigeria.
He also asked the President of the Senate and the Speaker of the House of Representatives to state whether they received such a communication.
“If no declaration was transmitted within the constitutionally stipulated period, the National Assembly must explain why the procedure provided by Section 145(2) has not been activated,” he said.
Atiku concluded that the issue was bigger than the President’s personal movements, arguing that Nigerians were entitled to know who was constitutionally responsible for the exercise of presidential powers.
“Nigeria is bigger than any President.
“At a time of severe economic hardship, rising energy costs, security challenges and the shocking deaths of citizens in government custody, the country deserves visible, accountable and constitutionally grounded leadership.
“The question will not disappear: Who, constitutionally, is in charge of Nigeria?” Atiku questioned.
Headlines
Tinubu Gushes over Wife, Oluremi, at 66, Calls Her Truest Friend, Confidante
President Bola Tinubu has celebrated his wife, Oluremi, on her 66th birthday, describing her as his “truest friend and confidante”.
In a birthday tribute to the First Lady on his verified X handle on Monday, Tinubu praised her patience, courage, compassion and unwavering support throughout their years together.
The President, who described Oluremi as the woman who had stood by him through different seasons of his life, said she had shared his burdens and provided counsel during difficult moments.
“Today, I celebrate the woman who has walked beside me with patience, grace and uncommon courage. Àwọn àgbà sọ pé, ‘Ìyàwó rere ni adé ọkọ rẹ̀.’ A good wife is her husband’s crown,” he said.
Tinubu said Oluremi had given practical meaning to the biblical description of a virtuous woman, adding that she had remained a source of strength and understanding to him.
“The burdens that were mine to bear often found their way onto your shoulders. The thoughts I could not put into words somehow found their way to you.
“In difficult times, when the future was uncertain, you stayed calm beside me and prayed with me,” he stated.
The President described the First Lady as his “truest friend and confidante”, saying she was never afraid to offer him honest counsel.
“I call you my truest friend and confidante because you speak the truth plainly, even on the days I would rather not hear it,” Tinubu said.
He also praised Oluremi for her role in raising their children and grandchildren, saying her values of faith and kindness had shaped the family.
“Our home bears the lasting imprint of your devotion. Our children and grandchildren have grown beneath the shelter of your prayers. They carry your values of faith and kindness wherever life takes them,” he said.
Tinubu also highlighted the First Lady’s humanitarian activities, recalling her work through the New Era Foundation and the Renewed Hope Initiative.
“Nigerians know you for your compassion, kindness, generosity of spirit and steadfast faith. I have watched you touch lives quietly and consistently, offering hope and support to those in need,” he said.
He added that her initiatives had supported young people, widows, elderly citizens and women farmers across the country.
“From the New Era Foundation during our years in the saddle in Lagos to the Renewed Hope Initiative today, your care has reached many young boys and girls, widows, elderly citizens, and women farmers across the country,” the President stated.
Tinubu also acknowledged Oluremi’s advocacy for people affected by tuberculosis and other diseases, describing her as a compassionate advocate and determined champion.
He said her compassion transcended ethnic, regional and religious boundaries.
“For you, compassion has never recognised the boundaries of tribe, region or religion,” he said.
Reflecting on their years together, Tinubu said their shared experiences, including difficult decisions and sacrifices, had strengthened their relationship.
“A long journey teaches a man the true value of a good partner. We have travelled a long road together. I think of the difficult decisions we talked through for hours and the sacrifices no one else saw.
“Laughter and prayer carried us through many of them,” he said.
The President said he would choose Oluremi again if given the opportunity to relive his life.
“If life returned me to the beginning, I would choose the same road that led me to you. Through every mile, my heart has always remained at home with you,” Tinubu said.
The President wished the First Lady many more years in good health and happiness.
“Happy 66th birthday, my darling Oluremi. I pray that God Almighty will grant you many more years in good health and joy,” he said.






