On Saturday, February 25, 2023, Nigerians will head to the polls to elect a new president and members of the National Assembly.
As citizens, you’re expected to perform your civic duties without breaching the laws that guide the electoral process.
Any conduct that amounts to the breach of these laws is deemed an electoral offence and is punishable under the Constitution or the Electoral Act.
Whether you’re a candidate or a voter, there are some conducts that can get you into trouble on election day.
As prescribed by the law, below are the electoral offences you must avoid.
Ballot materials
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 million or a term of imprisonment of not less than 10 years or both.
Improper use of voter’s 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 voter’s cards.
Penalty: A maximum fine of N1 million or imprisonment for 12 months or both.
Impersonation and voting when not qualified
Offence: A person voting or attempting to vote 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 and announcing false result
Offence: A polling officer failing to report on time or to discharge his/her duties on an election day without lawful excuse.
Penalty: A maximum fine of N500,000 or 12 months imprisonment or both.
Offence: Announces or publishes a false election result.
Penalty: 36 months imprisonment.
Offence: Returning officer or collation officer or person delivering a false certificate of return.
Penalty: Three years imprisonment without an option of fine.
Bribery
Offences:
a. Paying a bribe to affect the result of an election.
b. Receiving any money or gift to vote or 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 their vote.
Penalty: A maximum fine of N100,000 or imprisonment for a term of six 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 their personal character.
Penalty: A maximum fine of N100,000 or imprisonment for a term of six months or both.
Voting by unregistered persons
Offence: To bring into a polling unit a voter’s card issued to another person.
Penalty: A fine of N100,000 or imprisonment for a term of six 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 metres 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, wearing or displaying any notice, symbol, photograph or party card.
b. Using any vehicle bearing the colour or symbol of a political party, loitering around a polling unit blaring siren.
Penalty: A fine of N100,000 or imprisonment for a term of six months.
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 N100,000 or imprisonment for a term of 12 months or both.
Issuing threats of violence
Offences:
a. Threatening a person with violence or injury to compel that person to vote or refrain from voting.
Penalty: A fine of N1 million or imprisonment for a term of three years.
Campaign and campaign finance
Offence: Unlawful possession of a weapon at a political rally or voting centre.
Penalty: A maximum fine of N2 million or imprisonment for a term of two years or both.
Offence: Threatening any person with violence during any political campaign.
Penalty: In the case of an individual, a maximum fine of N1 million or imprisonment for a term of 12 months. In the case of a political party, a fine of N2 million in the first instance, and N500,000 for any subsequent offences.
Offence: A political party, advertising in a newspaper, radio or TV less than 24 hours before polling day.
Penalty: A maximum fine of N500,000.
Offence: Broadcasting or publishing any material to promote or oppose a particular political party or a candidate during 24 hours immediately preceding or on polling day.
Penalty: A maximum fine of N500,000 or imprisonment for a term of 12 months; and in case of a body, corporate shall pay a maximum fine of N1 million.
