By Ahmod B. Ariyibi, Esq.

As at the time of penning down and finalizing this Article, the 2023 general election in Nigeria for both Presidential and National Assembly remains 1 day, 14 hours, 30 minutes and 20 seconds. This is just the little time left for every Nigerian with his Permanent Voter’s Card (PVC) to shape and determine his future through the power of PVC and by exercising his legitimate civic rights on that day. It is also a period to reflect on the past and see through the future as to whether the 2023 general election worth him dragging his name into the mud or bringing himself into disrepute.

It is on the above premise that the author considered it right to ring the bell of the electoral offences embedded in the new Electoral Act 2022, re-echo into the ears of Nigerians, the punishment attached to the electoral offences, and resound the warning that every citizen of Nigeria should secure his future by refraining from committing any of the electoral offences, as the polls get closer. The above birthed this article titled: “2023 General Election in Nigeria: Secure Your Future from the Commission of Electoral Offences.”

2023 General Election in Nigeria

Election is a process in which people vote to choose a person or group of people to hold an official position while every registrant with a valid voter’s card is eligible to vote [1]. Hence, in Nigeria today, every Nigeria Citizen with a valid voter’s card (PVC) can safely move to his polling unit to cast his vote in this general election on Saturday, 25th February 2023 and that of Saturday, 11th March 2023 respectively.

Instructively, the first phase of the 2023 general election which revolves around preparation towards it by political parties otherwise known as pre-election step or matter is fading out already as the period of party’s membership issues, delegates hullabaloo or aspirants and candidates controversy, among other party’s internal arrangements or affairs that are prior and after party’s primaries have all come and gone; save for those still dragging over pre-election matter(s) in courts. However, at this point in time, the country is about to walk down the aisle with its new groom (for another four (4) years journey) through the only recognized means of solemnizing the marriage known as election. As it is, the people (Nigerians) are the parents to the bride and must be ready to consent properly through their PVC, the Officiating Minister is the Independent National Electoral Commission (INEC), and by extension, the constituted Election Petition Tribunal, the Court of Appeal and (or) the Supreme Court as the case may be. They must all be ready to remain fair and impartial in the discharge of their duties to Nigerians.

As important as the general election is, so also is your future important, and as you are reaffirming your stance to vote legitimately, conscientiously, and wisely through the power of your PVC so also is for you to reassure yourself that you shall secure your future by avoiding any of the electoral offences. In case you are not sure or fully aware of the electoral offences and the punishments attached which may work against your future, this article has simplified them in a way that you can digest and act according to the law.

Electoral Offences and Punishments

Electoral offence means any conduct or action which is prohibited by the Constitution or the Electoral Act and a breach (or violation) of which attracts punishment [2]. Election offence is a crime that breaks electoral laws and requires a particular punishment. Penalty is a punishment that is given to someone for doing something which is against a law or rule. [3].

INEC in its own public awareness to Nigerians as well as its notice to the whole world in general, has this to say on electoral offences and penalties:

“Any conduct – action or inaction which is prohibited by the Constitution or the Electoral Act and a breach of which attracts punishment, is called an electoral offence.  Electoral offences may be committed by INEC or Security Officials, Political Parties and their officials, Candidates, Observers, Journalists/Media Houses or the general public.”  [4]

There is no doubt from the Commission’s statements, the electoral offences cut across every sphere of individual person, body, organization, whether private or government. This shows that no one is an angel against electoral offences and by implication, none can escape from the punishment for committing any of the electoral offences, regardless of his status or position in the society as no one is above the law, if found wanting. [5] In order not to be a scapegoat aftermath of the general election, it is important to understand the electoral offences and the penalties applicable.

Generally, the electoral offences revolve around registering more than once, unlawful possession of a voter’s card, selling or buying of a voter’s card and the penalty is to pay fine not exceeding N100,000 or imprisonment for one (1) year or both imprisonment and fine. Also, where false information is given in any application for registration as a voter, such voter shall pay a fine of N500, 000 or 12 months imprisonment, or both imprisonment and fine.

Furthermore, where a person prevent another person from registering as a voter, such offender shall pay a fine of N500,000 or be sentenced to 5 years imprisonment or to both imprisonment and payment of fine. Where a person impersonate (disguise as if he is) a registration official, carry out illegal registration or forge a registration card, he shall pay maximum fine of N1 million or be imprisoned for 12 months or both imprisonment and fine [6].

However, in particularizing the offences, Part VII of the new Electoral Act is apposite as it is specifically headed as “Electoral Offences”, and it contains 16 Sections, that is sections 114 to 129. The sections also create a total of 16 electoral offences to wit:

  • Section 114 – Offences in Relation to Registration
  • Section 115 – Offences in Relation to Nomination
  • Section 116 – Disorderly Behaviour at Political Meetings
  • Section 117 – Improper Use of Voters Cards
  • Section 118 – Improper Use of Vehicles
  • Section 119 – Impersonation and Voting when not Qualified
  • Section 120 – Dereliction of Duty
  • Section 121 – Bribery and Conspiracy
  • Section 122 – Requirement of Secrecy in Voting
  • Section 123 – Wrongful Voting and False Statements
  • Section 124 – Voting by Unregistered Person
  • Section 125 – Disorderly Conduct at Elections
  • Section 126 – Offences on Election Day
  • Section 127 – Undue Influence
  • Section 128- Threatening Violence
  • Section 129- Offences Relating to Recall

In breaking them further so as to bring and draw voters and the like to the most important electoral offences that they must take note and refrain from as the election day approaches, the article addresses those offences by way of priority to the election day.

Offences on Election Day

The grey area to take note of is on the electoral offences on the day of election and their punishments such as:

  • Canvassing or Soliciting for Vote

On the day of election, no more campaigning or soliciting for votes, as the law provides that all campaign closes 24 hours prior to the day of election [7].

Therefore, any person that solicits for votes, persuades any voter not to vote for a particular candidate or is in possession of any offensive weapon or uses any vehicle bearing the colour or symbol of a political party or loitering around a polling unit blaring siren, he shall be fined N100, 000 or 6 months imprisonment or both imprisonment and fine [8].

  • Voting by Unregistered Persons

Only the person with valid PVC is eligible to vote on the day of election. Therefore, where any person brings to polling unit a voter’s card issued to another person, then he shall be fined N100,000 or a term of 6 months in prison, or both imprisonment and fine [9].

  • Voters’ Cards Offences

Any person that hands over a voter’s card to another person to use, when the person is not an officer appointed to do so or where a person is in possession of more than one voter’s card, he shall pay a fine of N1,000,000 or imprisonment for 12 months or both imprisonment and fine [10].

  • Snatching or destruction of election materials

Any person that snatches or destroys election materials or devices such as the Ballot Papers, Ballot Boxes, Bimodal Voter Accreditation System (BVAS), among others, he shall be imprisoned for 24 months [11].

Here, there is no provision for an option of fine to serve as a deterrent punishment due to the sensitivity of those materials or devices.

 

  • Ballot Papers and Ballot Boxes Offences

Where a person unlawfully have a ballot paper in his possession, or illegally printed, produced or imported ballot papers or ballot boxes, he shall pay a maximum fine of N50,000,000 or a term of imprisonment of not less than 10 years or both imprisonment and fine [12].

  • Bribery and Conspiracy

Any voter that accepts money, contract, or public office among other things during or after an election in exchange for voting for a political party or in order for him not to vote, is guilty of vote selling and shall pay a fine of N500,000 or 12 months imprisonment or both imprisonment and fine.

Also, any person whether being a politician or others alike that pays money to any other person for bribery at any election or receives any money or gift for voting or not to vote at any election is guilty of vote buying and shall pay a fine of N500,000 or 12 months imprisonment or both imprisonment and fine [13].

  • Wrongful Voting and False Statements

Any person that engage in illegal voting or publishes any false statement that a candidate of an election has withdrawn from the race, or attack the candidate’s personal character shall be fined a maximum of N100,000 or 6 months in prison or both imprisonment and fine [14].

  • Disorderly Conduct at Elections

Any person that acts or incites any other person to act in a disorderly manner at election such as causing fight, riot, and other abusive or injurious behaviour, he shall pay a fine of N500,000 or imprisonment for a term of 12 months or both imprisonment and fine [15].

  • Requirement of Secrecy in Voting

Any party agent or any person that may influence or induce voters at an election, pays voters to cast their votes for his preferred candidate or to display the ballot paper to be sure the voters voted for the candidate they were paid to vote, he shall pay a fine of N100, 000 or imprisonment for a term of 6 months or both imprisonment and fine.

Also, where such person fails to maintain the secrecy of voting at a polling unit or interferes with a voter casting his vote, he shall pay a fine of N100, 000 or imprisonment for a term of 6 months or both imprisonment and fine [16].

  • Undue Influence and Threatening

Where any person induce or was induced into accepting money or any other means of inducement during an election shall pay a fine of N100,000 or imprisonment for a term of 12 months or both imprisonment and fine [17].

While the penalty for any person who threatens voter or other person with violence, or injury on election day in order to force that person to vote or refrain from voting, is to pay a fine of N1, 000,000 or 3 years imprisonment [18].

Under threatening, the punishment is also the same for any person that prevents any political aspirant from free use of the media vehicles, mobilisation of his political support and campaign at an election.

  • Dereliction of Duty and False Result

It is apt to know that this section is basically applicable to the umpires of the election particularly the Presiding Officer(s) of INEC and the like without prejudice to other key players in the election.

By the extant Act, the power, duty and authority in determining the Nigeria election results is now placed in the hands of Presiding Officer (PO) at every polling unit [19]. This means that the bulk of INEC’s work in the declaration or otherwise of 2023 general election results is on the neck of the PO (with the assistance of other supporting officials at the polls), and by implication, such PO must be up to the task. Since the technological devices to be used are BVAS, INEC already made it clear that the serving members of the National Youth Service Corps (NYSC) shall be the only person commissioned as PO to handle the BVAS [20]. Therefore, it is mandated for PO and other ad hoc staff to also know of these electoral offences especially this subheading applicable to them.

The offence under this is that the failure of a PO to report on time or to discharge his duties on an election day without a lawful excuse, he shall be punished on conviction to a maximum fine of N500,000 or 12 months imprisonment, or both imprisonment and fine [21].

Also, where he announced or published a false election result, he shall be imprisoned for 36 months. This in clear term has no option of fine as a deterrent punishment.

  • Offences in respect of Nomination

Where an aspirant or the like forges a nomination paper or result form, willfully decades or destroys a nomination paper or result form, or delivers to an electoral officer a forged nomination paper or result, or signs a nomination paper or result form as a candidate in more than one constituency at the same election, he shall be sentenced to a maximum term of 2 years in prison on conviction. Just as other deterrent punishment, there is no option of fine [22].

Conclusion

The above and many more are the relevant electoral offences applicable to the general election in Nigeria [23]. It is important to know them before and during the day of the election.

Conclusively, borrowing from the words of the Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, where he charged his officials and operatives to be conscious of the interest of the nation and to exhibit a high sense of professionalism in the discharge of their duties thus:

“You are out on a national assignment and I expect you to conduct yourselves responsibly in line with our core values of professionalism, integrity and courage. You have a responsibility to ensure that this election is devoid of financial malpractices, especially inducement of voters. The attention of the world is focused on Nigeria and we must do what is necessary to ensure that we have credible, free and fair elections.”[24]

It is instructive to charge every citizen of Nigeria going to the polls and all critical stakeholders in this general election that you are also out there to exercise your civic right and to vote wisely and protect your vote jealously. You are expected to conduct yourself responsibly in reshaping your future and you have a responsibility to ensure that your future is not destroyed on a platter of gold. Remember, the attention of the world is focused on Nigeria and you must be up and doing in exercising your right conscientiously and wisely.

Therefore, anyone who commits any of the electoral offences is liable to be arrested and charged to court and prosecuted by INEC after investigation by the relevant security agencies [25]. In order not to be at the mercy of your future in prison and fighting your conscience unnecessarily after election, secure your future today from the commission of any of the electoral offences.

Ahmod B. Ariyibi, Esq. is an Associate at Synergy Attornies. His areas of interest include; Dispute Resolution through Advocacy, Corporate and Commercial Law Practices, Labour/Employment Law, Aviation and Maritime Law, Real Estate Investment, Intellectual Property, Digital Development, Project and Human Resources Management.

Endnotes

  1. Election Offences & Penalties- accessed via https://situationroomng.org/election-offences-penalties/on 22nd February 2023.

 

  1. https://www.igi-global.com/dictionary/electoral-umpires-and-the-task-of-tracking-political-campaign-funds/77959accessed on 21st February 2023.

 

  1. Election Offences & Penalties, accessed via https://situationroomng.org/election-offences-penalties/on 22nd February 2023.

 

  1. Election Offences And Penalties viz https://inecnigeria.org/voter-education/election-offences-and-penalties/accessed 21st February 2023.

 

  1. Conviction of Prof Peter Ogban: Deterrence or incentive for electoral offences accessed via https://guardian.ng/features/conviction-of-prof-peter-ogban-deterrence-or-incentive-for-electoral-offences/on 23rd February 2023.

 

  1. Section 114 of the Electoral Act

 

  1. Ibid, Section 94

 

  1. Ibid, section 126.

 

  1. Ibid, section 124

 

  1. Ibid, section 117

 

  1. Ibid, section 126(4)

 

  1. Ibid, section 115

 

  1. Ibid, section 121

 

  1. Ibid, section 123

 

  1. Ibid, section 125

 

  1. Ibid, section 122

 

  1. Ibid, section 127

 

  1. Ibid, section 128

 

  1. Ibid, sections 47, 51, 60, and 62

 

  1. Elections: Corps members authorised only to handle BVAS – INEC accessed via https://punchng.com/elections-corps-members-authorised-only-to-handle-bvas-inec/on 23rd February 2023

 

  1. Ibid, section 120

 

  1. Ibid, section 115

 

  1. Other relevant provisions on electoral offences are also under sections 78, 83, 85, 86, 87, 88, 89, 92, 93, 94 and 96, of the Electoral Act; and section 227 of the Constitution of the Federal Republic of Nigeria 1999 (as amended)

 

  1. EFCC moves against vote buyers, deploys operatives to states, FCT reported via https://guardian.ng/news/efcc-moves-against-vote-buyers-deploys-operatives-to-states-fct/and accessed on 23rd February 2023.

 

  1. Section 145 of the Electoral Act