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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 Warns Politicians, Supporters Against Violence, Irresponsible Conduct As Campaigns Gather Momentum
President Bola Tinubu has warned politicians and their supporters against violence and other irresponsible conduct, as political activities gather momentum ahead of the 2027 general elections.
Tinubu said his administration would not tolerate violence during political campaigns, urging presidential hopefuls, including former Vice President Atiku Abubakar and Peter Obi, as well as other political leaders, to promote peaceful political engagement.
The President issued the warning through a statement by the State House on Friday, November 13, 2026, following reports of violence at political events in different parts of the country.
He condemned all forms of political violence, insisting that campaigns should focus on issues and ideas capable of improving the welfare of Nigerians and promoting national development.
Tinubu also committed to ensuring peaceful, free and fair elections in 2027, urging politicians and their supporters across party lines to conduct themselves responsibly.
He said belonging to different political parties or pursuing different political ambitions should not make Nigerians enemies.
“As Nigerians, we are members of the same household living in different rooms. Therefore, our politics must elevate human conditions and focus on national progress and development,” he said.
The President reiterated his directive to security agencies to be firm against individuals involved in activities capable of disrupting public order.
He stressed that all political parties and candidates must be allowed to campaign freely across the country without intimidation or threats to their safety.
“We shall not tolerate any irresponsible conduct by politicians and their supporters,” Tinubu warned.
He authorised security agencies to confront thuggery and other anti-social and anti-democratic activities with full force, adding that his administration remained committed to an orderly and peaceful electoral process.
Headlines
Court Orders INEC to Publish Adebutu’s Name as Ogun PDP Governorship Candidate Within 24 Hours
The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to publish the name of Ladi Adebutu as the Peoples Democratic Party’s (PDP) governorship candidate for the 2027 Ogun State election within 24 hours.Judge Peter Lifu gave the order on Friday in a judgement following a suit filed by Mr Adebutu and the PDP to challenge INEC’s exclusion of his name from the final list of candidates for the upcoming 6 February 2027 governorship election.
He consequently declared the exclusion “unlawful, unconstitutional, null and void.”
In resolving the issues raised by parties, Mr Lifu held that the power to nominate candidates for “elections rested solely with political parties.” He ruled that “Neither INEC nor any other authority could take over that responsibility.”
The judge faulted the commission for waiting more than four months before “belatedly publishing the final list on 10 October” without informing the plaintiffs of any intention to exclude their candidate.
He questioned INEC’s decision to raise the issue after the primary had been conducted and monitored, when it could have raised any concerns in its monitoring report.
Mr Lifu warned that allowing INEC to exercise such powers would amount to a “dangerous show of power”.
He said such authority could allow the commission to disqualify candidates only days before an election, adding that INEC did not possess absolute powers.
The judge also held that the membership register tendered before the court contained Mr Adebutu’s name against serial number 1536.
He said the evidence established that Mr Adebutu was a member of the PDP and that it was the political party, not INEC, that had the authority to determine its membership.
The judge questioned why INEC considered it its responsibility to determine who belonged to a political party, holding that the commission exceeded its powers by omitting Mr Adebutu’s name.
The dispute
The dispute followed the exclusion of Mr Adebutu and his running mate from the final list of candidates published by INEC for the 6 February 2027 Ogun State governorship election.
INEC published the final list on 10 October, featuring 13 governorship candidates but excluding the PDP from the race.
INEC said its decision followed the PDP’s alleged failure to comply with the membership register requirements under the Electoral Act 2026.
Section 77(5)–(7) of the Act requires political parties to submit their membership registers to INEC within the stipulated period. The provisions also empower the commission to scrutinise the registers.
In September, the Supreme Court upheld the constitutionality of the provisions in a case involving the Zenith Labour Party and INEC. The ruling affirmed the requirement for political parties to submit their membership registers before conducting valid primaries.
Following the exclusion, the PDP and Mr Adebutu approached the Federal High Court in Abuja in October, asking it to compel INEC to recognise him as the party’s governorship candidate.
The plaintiffs challenged the commission’s decision, arguing that it violated their right to fair hearing and breached provisions of the Electoral Act. They asked the court to set aside the decision and direct INEC to publish Mr Adebutu’s name as the party’s governorship candidate within 24 hours of its order.
INEC opposed the suit, maintaining that Mr Adebutu’s name was missing from the PDP membership register submitted to the commission. It therefore urged the court to dismiss the suit for being incompetent.
Source: Premium Times
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