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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 Senate President, Godswill Akpabio, has urged Nigerians to be careful of those trying to kidnap for ransom.
Akpabio argued on Tuesday that those behind kidnapping are perpetuating the activity to create an impression that Nigeria is not safe.
Speaking in Abuja during the commissioning of road projects to mark President Bola Tinubu’s third year anniversary, Akpabio said some of the president’s critics have resorted to paying youths to cause mayhem.
Akpabio accused Tinubu’s critics of focusing on insecurity instead of policy and infrastructure.
“Minister you said that people claimed that nothing is happening in Nigeria under the administration of President Tinubu. If they did not say that, how will they go for election? he asked rhetorically.
“If you realize what is happening recently, when they realized that they can’t talk about projects, performance, good laws, transformation in the Petroleum industry, subsidy removal that have been promised Nigerians for decades, they can no longer talk about the high-rise buildings in Abuja such as the NRS building, they resorted to paying young people and recruiting them to cause mayhem in the country.
“Be very vigilant and be careful about people trying to kidnap for ransom. They are kidnapping in order to give the impression that Nigeria is not safe.
“Our men and women in uniform have done tremendously well but many people will not know and that is why I keep saying that the devil you see today, you will soon see them no more.
“Elections will come and go; elections will never be our end; we will see the end of elections; it will never see our end,” he said.
President Bola Tinubu has approved the establishment of a Presidential Task Force on Ebola Virus Disease Preparedness and Emerging Public Health Threats and ordered the immediate release of N10 billion as emergency intervention funding.
The Special Adviser to the President on Information and Strategy, Bayo Onanuga, disclosed this on Tuesday.
According to Onanuga, the fund will strengthen the operational preparedness of the National Centre for Disease Control and Prevention (NCDC) and support critical national public health emergency response activities.
The Presidential Task Force on Ebola will be chaired by the Chief of Staff to the President, Femi Gbajabiamila, with membership drawn from relevant Ministries, Departments and Agencies (MDAs) and state representatives.
Onanuga noted that the President’s approval followed a stakeholder meeting convened under the chairmanship of the Chief of Staff to review Nigeria’s preparedness and develop strategies against the possible importation of Ebola into the country.
Ebola recently resurfaced in the Democratic Republic of Congo (DRC) and Uganda – both neighbouring countries.
Other key stakeholders at the meeting included representatives of the Ministry of Interior, the Federal Airports Authority of Nigeria (FAAN), Nigeria Immigration Service (NIS), Nigerian Civil Aviation Authority (NCAA), the Lagos State Government and others.
Onanuga also disclosed that Tinubu directed all states hosting international airports and international border corridors, as well as relevant MDAs, to submit their plans, funding requirements and intervention needs for consideration and coordinated implementation.
Additional measures to be implemented by the Task Force include the intensification of passenger screening at all international airports through enhanced temperature checks and crowd-control protocols; enhanced monitoring of passengers arriving through high-risk airline routes, including Air Uganda, Rwanda Air, Air Tanzania, Air Angola, Kenya Airways and Ethiopian Airlines; and the immediate activation of referral and isolation centres at the Lagos and Abuja international airports, with other airports to follow.
Other measures include the mandatory activation of QR code-based pre-arrival health declaration systems for passengers originating from or transiting through designated high-risk countries, as well as the disinfection of departure halls, cargoes, baggage areas and airport facilities as precautionary environmental measures.
The President also directed the advisory group to consult with security, diplomatic and aviation bodies on regulating flights from affected and designated high-risk countries.
The Task Force was further mandated to designate specific airports or terminals for high-risk flights to enable controlled screening and isolation procedures, and to consider adjusting flight schedules to minimise interaction between high-risk passengers and other travelers.
Disturbed by the increasing level of terrorism and banditry in the country, the Senate has declared that it will consider the amendments to the 1999 Constitution to provide for the establishment of State Police in the country this week.
In a statement on Monday, the Senate Leader, Senator Opeyemi Bamidele, APC, Ekiti Central, said that after it is considered by the Senate, it would then be transmitted to the 36 State Houses of Assembly for further legislation.
In the statement issued by his Directorate of Media and Public Affairs, the Leader of the Senate explained that all stakeholders across the federation “are on the same page with the National Assembly on the establishment of State Police.”
Bamidele, who explained that the National Assembly would isolate the aspect from the ongoing constitution amendment and pass it into law due to its national exigency, also revealed that President Bola Tinubu and all the state governors were on the same page with the National Assembly on the State Police.
He added that the legislative week, which begins on Tuesday, would be a crucial one for the Senate as the issue of state police would top their agenda.
Section 214 (1) of the 1999 Constitution says: “There shall be a Police Force for Nigeria, which shall be known as the Nigeria Police Force.”
Bamidele said: “Our position is very clear on state police. We are standing with Nigerians on the issue of state police. All strata of the federation have made it clear that there cannot be a better time to establish a state police than now.
“That is where we stand. Where we are coming in is to now help translate this popular desire of the people into reality as elected representatives of the Nigerian people.
“We came to the conclusion that we are going to pass the constitutional amendment in this respect to make a provision for the State Police. If I can tell you as of today, that will come to fruition this very week because there is no need to allow any further delay
“There have been a series of meetings between the National Assembly. When I say the national assembly, I mean Chairman, Senate Committee on the Review of the 1999 Constitution, Senator Barau I. Jibrin and Chairman, House of Representatives Committee on the Review of the 1999 Constitution, Rt. Hon. Benjamin Kalu, both of whom are representing the National Assembly.
“They had been in a series of meetings with the office of Attorney-General, Chief of Staff to the President, Rt. Hon. Femi Gbajabiamila; Inspector-General of Police, Mr. Tunji Disu and other stakeholders in the last one week and that is why I can sit here to tell you that we’re pursuing that this week.
“It is going to be the subject we will be dealing with this week. What we have resolved to do is to isolate it with the rest of the bills that we have proposed under constitutional amendment so that we can vote on this as soon as possible.
“The bill can as well be on its way to the 36 States’ Houses of Assembly as soon as possible because you know we will need two-thirds of the state assemblies to approve it before the president can assent to it.
“The president is also with us on this proposal. I am sure he cannot wait for the bill to come to him for assent. I am sure the majority of our governors, as we know, are in support of this bill. The state assemblies are also waiting for this bill to come. We will initiate the proposal for the creation of state police within the week.”
Chief of Staff to the President, Femi Gbajabiamila, had disclosed that President Tinubu would receive a comprehensive report on the proposed creation of state police as consultations on the constitutional framework for its establishment approached completion.
