Electoral offences in Nigeria have serious consequences, not only for the individuals involved but also for the country’s democratic system. These offences can result in disputed elections, widespread violence, and a loss of faith in the electoral process.
Electoral offences are codified in sections 114 to 129 of the Electoral Act 2022 and can be committed before the elections such as during the registration process; on the day of elections, just before the elections begins; during, and after the elections. They can also be committed by voters, electoral officers, party agents and anyone at all present at the polling units.
As we draw closer to this pivotal election, here are five offences to avoid.
Offences in relation to the production and possession of election documents
Section 115 (2) states that “a person who without proper authority prints a ballot paper or what purports to be or is capable of being used as a ballot paper or result form at an election or without authority, is found in possession of a ballot paper or result form when he or she is not in the process of voting and at a time when the election for which the ballot paper or result form is intended, is not yet completed has committed an offence.”
The law further states that any person who manufactures, constructs, or imports into Nigeria, has in his or her possession, supplies to any election official or uses for the purpose of an election, or causes to be manufactured, any ballot box including any compartment, appliance, voting device or mechanism or by which a ballot paper or result form may or could be secretly placed or stored in order to manipulate the results of the elections is also guilty of an offence.
For these offences, any person who is found guilty is liable on conviction to a fine of N50,000,000 or imprisonment for a term not less than 10 years or both. An attempt to commit any offence under these shall be punishable in the same manner as the offence itself. This means that an attempt to do these attracts the same punishment.
Forgery and tampering with election materials
Section 115 (1) guards against tampering with election materials. This constitutes electoral fraud and is aimed at manipulating the electoral process. A person who forges any ballot paper or official mark on any ballot paper or any certificate of return or result form is guilty of an offence. Also, anyone who wilfully destroys any ballot paper or official mark on any ballot paper or any certificate of return or result form is also guilty of an offence. Again a person who wilfully removes from a polling station any ballot paper or result form, whether or not the ballot paper or result form was issued to him or her in that polling station commits an offence. Finally, anyone who without authority destroys or in any other manner interferes with a ballot box or its contents or any ballot paper or result form then in use or likely to be used for the purpose of an election commits an offence. Each category of persons identified under this section is liable on conviction to a maximum term of imprisonment for two years.
Improper use of voter’s card
Section 117 (a) and (b) of the Electoral Act defines what constitutes improper use of the voter’s card, and both voters and officers can fall foul of this provision. It states that “any person being entitled to a voter’s card, gives it to some other person for use at an election other than an officer appointed and acting in the course of his or her duty under this Act, or not being an officer acting in the course of his or her duty under this Act, receives any voters card in the name of some other person or persons for use at an election is guilty of an offence. Also, a person who without lawful excuse has in his possession more than one voter’s card, or buys, sells, procures or deals, with a voters card otherwise than as provided in the Act, commits an offence and is liable on conviction to a maximum fine of N1,000,000 or imprisonment for a term of 12 months or both.
Impersonation
Impersonation under the Act is an offence. This occurs when a person presents himself as another person in order to vote. It is punishable by imprisonment for up to two years or a fine of up to 500,000 Naira. Section 119 (a) (d) and (e) stipulates that any person who applies to be included in any list of voters in the name of some other person, whether such name is that of a person living or dead or of a fictitious person or having voted once at an election applies at the same election for another ballot paper; or votes or attempts to vote at an election knowing that he or she is not qualified to vote at the election commits an offence and is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both. Impersonation is a serious crime under the electoral law to the extent that any person who aids, abets, counsels or procures the commission of that offence, is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both.
Further to this provision, section 124 of the Electoral Act states that “any person who knowingly votes or attempts to vote in a constituency in respect of which his or her name is not on the register of voters or who knowingly brings into a polling unit during an election a voter’s card issued to another person is liable on conviction to a maximum fine of N100,000 or imprisonment for a term of six months or both.
False declaration of election results
A false declaration of election results can earn a person three years imprisonment. This occurs when someone falsifies election results or announces false results. It is punishable by imprisonment for up to three years or a fine of up to 1 million Naira.
According to the electoral law in section 120 (4) “any person who announces or publishes an election result knowing the same to be false or which is at variance with the signed certificate of return commits an offence and is liable on conviction to imprisonment for a term of 36 months. Any person who delivers or causes to be delivered a false certificate of return knowing the same to be false to any news media commits an offence and is liable on conviction to imprisonment for a term of three years. Also, any returning officer or collation officer who delivers or causes to be delivered a false certificate of return knowing the same to be false commits an offence and is liable on conviction to imprisonment for a maximum term of three years without an option of fine.
Inducement and threats during elections
Voter intimidation and harassment during elections are prohibited by law. Voter intimidation and harassment occur when individuals or groups use force or threats to prevent voters from exercising their right to vote. It is a criminal offence under the Electoral Act and is punishable by imprisonment for up to two years or a fine of up to 500,000 Naira.
According to section 128 of the Electoral Act “a person who directly or indirectly, by his or herself or by another person on his or her behalf, makes use of or threatens to make use of any force, violence or restrain; inflicts or threatens to inflict by his or herself or by any other person, any minor or serious injury, damage, harm or loss on/against a person in order to induce or compel that person to vote or refrain from voting, or on account of such person having voted or refrained from voting; by abduction, duress, or a fraudulent device or contrivance, impedes or prevents the free use of the vote by a voter or thereby compels, induces, or prevails on a voter to give or refrain from giving his vote, is guilty of the offence.
Also, on inducement, any person who after election directly, or indirectly, by his or herself, or by any other person on his or her behalf receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting or having induced any candidate to refrain from canvassing for votes for his or herself at any such election, commits an offence and is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both.
Electoral offences are a serious threat to Nigeria’s democracy, and it is crucial that all stakeholders work together to prevent them.
Bribery and corruption
Section 121 of the Electoral Act is to the effect that a person who pays or causes to be paid any money to or for the use of any other person, with the intent that such money or any part of it shall be used in bribery at any election commits an offence. A voter commits an offence of bribery where before or during an election directly or indirectly by his or herself or by any other person on his or her behalf, receives, agrees or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for his or herself, or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any such election.
According to section 127 of the Electoral Act a person who corruptly pays money to or for any person for the purpose of corruptly influencing that person or any other person to vote or refrain from voting at such election, or on account of such person or any other person having voted or refrained from voting at such election; or (b) being a voter, corruptly accepts or takes money or any other inducement during any of the period stated in paragraph (a), commits an offence and is liable on conviction to a fine of N100,000 or imprisonment for a term of 12 months or both.
Overall, section 126 of the electoral law summarises the offence that can be committed during elections. No person shall do any of the following acts or things in a polling unit or within a distance of 300 metres of a polling unit on the date on which an election is held canvass for votes; solicit for the vote of any voter; persuade any voter not to vote for any particular candidate; persuade any voter not to vote at the election; shout slogans concerning the election; be in possession of any offensive weapon or wear any dress or have any facial or other decoration which in any event is calculated to intimidate voters; exhibit, wear or tender any notice, symbol, photograph or party card referring to the election; use any vehicle bearing the colour or symbol of a political party by any means whatsoever; loiter without lawful excuse after voting or after being refused to vote and; snatch or destroy any election materials.
Electoral offences are a serious threat to Nigeria’s democracy, and it is crucial that all stakeholders work together to prevent them. The government must provide a level playing field for all political parties and candidates, while the electoral body must ensure that the electoral process is transparent, fair, and credible.
The media, civil society organisations, and citizens must also play their part in reporting any suspicious activity and holding officials accountable for any wrongdoing. Only then can Nigeria’s electoral system become a true reflection of the will of the people.
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