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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.
Former Vice President and African Democratic Congress (ADC) Presidential Candidate, Atiku Abubakar, has raised concerns over what he described as a suspicious and unauthorised payment into one of his private bank accounts.
In a statement issued on Friday by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku said the transfer originated from an individual or entity unknown to him and carried the narration, “Contribution Electioneering Campaign.”
According to the statement, neither Atiku nor his campaign solicited, authorised or had any knowledge of the payment.
The former Vice President said the account was strictly private and its details were not in the public domain, raising concerns about how the information could have been obtained.
“How did unknown persons obtain the confidential banking details of a private citizen?”
Atiku said the incident raised broader concerns about the security of Nigerians’ financial information, particularly if the private banking details of a former Vice President and presidential candidate could allegedly be accessed without his consent.
“If the private banking information of a former Vice President and a leading presidential candidate can be accessed and deployed for reasons yet unknown, then no Nigerian’s financial privacy is safe.”
He further expressed concern that the alleged disclosure could have involved individuals with privileged access to confidential information.
According to him, if such access is established, it could expose account holders to criminal elements, including kidnappers, terrorists, bandits and fraudsters.
The former Vice President also called the attention of Nigerians and security agencies to the incident, describing it as part of what he termed a series of “suspicious activities” ahead of the 2027 general elections.
“We therefore put the Nigerian public and the security agencies on notice about this latest incident in a litany of suspicious activities leading up to next year’s general elections.”
Atiku also alleged that the incident could be part of an attempt to damage his reputation as political activities intensify ahead of the elections.
He urged Nigerians not to be distracted by what he described as “tired tactics” aimed at character assassination.
“Such desperate antics have failed before and will fail again.”
The ADC presidential candidate said he remained focused on his political agenda and his stated commitment to providing solutions to the country’s challenges.
“The Waziri Adamawa remains focused on offering Nigerians credible leadership and practical solutions to the nation’s challenges.”
Vice President Kashim Shettima is schedule to begin a two-week leave this Thursday following the approval of President Bola Ahmed Tinubu. This is the Vice President’s first official leave since assuming office on May 29, 2023, according to a statement by the Senior Special Assistant to The President on Media & Communications (Office of The Vice President), Mr. Stanley Nkwocha.
The statement highlighted that during the period of the leave, the Vice President will devote time to study, reflection and intellectual renewal as part of efforts to strengthen his capacity for continued service to the nation.
The leave offers Senator Shettima an opportunity to review the administration’s ongoing programmes, deepen his understanding of emerging national and global policy issues, and prepare for the responsibilities ahead as the Federal Government intensifies the implementation of the Renewed Hope Agenda.
Since assuming office on May 29, 2023, the Vice President has remained actively engaged in the coordination and supervision of several strategic government initiatives, particularly in economic development, food security, humanitarian affairs, digital transformation, job creation and regional cooperation.
He has also chaired the National Economic Council, which brings together the governors of the 36 states, the Governor of the Central Bank of Nigeria and other relevant public officials to deliberate on policies affecting the economy and the welfare of Nigerians.
Beyond his responsibilities within the country, Vice President Shettima has represented President Tinubu at major international and regional engagements, advancing Nigeria’s position on economic integration, peace and security, climate action, investment and sustainable development.
Senator Shettima remains deeply committed to the ideals of loyalty, duty and service that have defined his role in the administration, as well as to supporting President Tinubu’s efforts to build a more secure, productive and prosperous Nigeria.
The Vice President will return to office at the end of the two-week leave period and resume his official responsibilities with renewed energy and dedication to the service of the nation.
President Bola Tinubu has approved salary increases of between 30 and 80 per cent for personnel of the Nigerian Armed Forces, with about 250,000 officers and men set to benefit from the enhanced remuneration package aimed at boosting troop welfare and morale.
The new salary structure, which takes effect from September 1, will see officers above the rank of Colonel receive a 30 per cent salary increase, while personnel from the rank of Colonel down to Warrant Officer will enjoy a 50 per cent increment. Soldiers from the rank of Private to Staff Sergeant will receive the highest increase of 80 per cent.
The approval will raise the annual salary bill for the Armed Forces from N660 billion to N924 billion.
Special Adviser to the President on Information and Strategy, Bayo Onanuga, said the salary review underscores the Tinubu administration’s commitment to improving the welfare of military personnel in recognition of their sacrifices in safeguarding the country.
The President noted that members of the Armed Forces have continued to display courage and dedication in confronting banditry, kidnapping, terrorism and other security threats across the country.
“The men and women who help to keep us safe in our homes must be supported and appreciated in the course of their duties to our nation,” Tinubu said.
He assured that his administration would continue to prioritise troop welfare while strengthening the operational capacity of the military through improved equipment and technology.
“Our administration will continue to prioritise troop welfare and modernise the armed forces by providing the weapons and technological tools needed to discharge their duties,” the President stated.
Tinubu stressed that security remains central to national development, saying no country can attain sustainable progress without guaranteeing the safety of its citizens.
“Our administration believes that no nation can achieve greatness without security. We therefore remain resolute in mobilising all military and law enforcement assets to eliminate security threats and protect the lives and property of all Nigerians,” he said.
The President urged military personnel to see the enhanced remuneration as a demonstration of the nation’s appreciation for their service and commitment.
“I urge our servicemen to take our gesture as a sign of our deep appreciation of the services they render to our fatherland. Together we shall prevail over the enemies intent on destroying the fabric of our nation,” Tinubu added.
