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Warning! You’ll Go to Jail If You Commit Any of These Offences on Election Day

Published

1 year ago

February 23, 2023

Eric

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;

(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

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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

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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.

PENALTY: A fine of N 100,000 or imprisonment for a term of 6 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 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.

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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.

Featured

I’ll Continue to Take Difficult Decisions Tough times Notwithstanding – Tinubu

Published

1 hour ago

April 26, 2024

Eric

President Bola Tinubu, on Thursday, told the Dutch Prime Minister Mark Rutte at The Hague that his administration is committed to taking difficult decisions for the benefit of the Nigerian people, despite the short-term challenges.

Tinubu emphasized that Nigeria has weathered the worst of storms and that his administration’s actions are guided by a long-term vision for the country’s prosperity.

The president highlighted the vast trade opportunities between Nigeria and the Netherlands, spanning multiple sectors. He also underscored his government’s efforts to enhance the investment climate through ongoing reforms.

Notably, Tinubu emphasized Nigeria’s potential to drive the global clean energy transition with its high-grade lithium deposits, positioning the country as a key player in Europe’s energy future.

Tinubu stressed the importance of balanced and mutually beneficial partnerships, particularly in solid minerals, to create value-added opportunities.

He expressed confidence in the Nigerian people, citing their resilience and determination.

This confidence, he said, empowers him to make tough decisions on their behalf, knowing that these choices will provide Nigerians with the tools they need to succeed in the long term.

The president stated: “I am a determined leader of my people. I have and will continue to take the difficult decisions that will benefit our people, even if there is short-term pain.

“We have gone through the worst of the storms. I am unafraid of the consequences once I know that my actions are in the best long-term interests of all Nigerians.

“Taking a holistic view of the world order, there is a tremendous opportunity between us across trade spheres, but especially in solid minerals, where we have high-grade lithium deposits that we know can power the clean energy future of the world.“There is excellent value-additive opportunity in Nigeria. The world knows us for oil. They will soon know us for greater innovative exploits in other areas.”

The meeting with Prime Minister Rutte at The Catshuis, the official residence in The Hague, underscores the strengthening of diplomatic ties between Nigeria and the Netherlands.

Tinubu’s remarks reaffirm his administration’s commitment to bold leadership and strategic decision-making, even in the face of challenges, to secure a brighter future for Nigeria.

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Rivers: Wike’s Men Reject Reployment, Resign from Fubara’s Govt

Published

1 day ago

April 25, 2024

Eric

Two Rivers State commissioners have resigned their appointments shortly after they were redeployed in a cabinet reshuffle by Governor Siminalayi Fubara. They are the Attorney General and commissioners for Justice, and Finance; Zacchaeus Adangor and Isaac Kamalu respectively.

The duo were affected by a minor cabinet reshuffle made by the governor on April 23.

Kamalu and Adangor are loyalists of Nyesom Wike, the immediate former governor of Rivers and incumbent minister of the federal capital territory (FCT).

Last year, the commissioners resigned from their positions following the political feud between Wike and Fubara.

They were later reinstated after Wike and Fubara signed a peace accord facilitated by President Bola Tinubu.

While Adangor was moved to the ministry of special duties (governor’s office), Kamalu was moved to the ministry of employment generation and economic empowerment.

Kamalu’s resignation came hours after Zacchaeus Adangor, tendered his resignation.

In a letter addressed to Tammy Danagogo, secretary to the state government (SSG), Kamalu said the governor’s “inability to maintain peace” in the state was the reason he quit the cabinet.

The former commissioner said he could not give his best in an atmosphere of rancour.

“Your Excellency would recall that I served under the Administration of His Excellency, Chief Nyesom Ezenwo Wike, CON, GSSRS, POS (now Honorable Minister of the Federal Capital Territory, Abuja) originally as Commissioner for Budget and Economic Planning (2015-2019) and subsequently as Commissioner for Finance with oversight responsibility for the Rivers State Ministry of Budget and Economic Planning (2019 – 2023),” the letter reads.

“The mandates of the respective Ministries were to the best of our abilities (as Ministries) duly carried out and at all times material relevant reforms were embarked upon for improved performance and effective and sustainable service delivery.

“Among several others, we successfully carried out the following; “Initiating and (supporting existing) policy frameworks for enhanced internal revenue generation.

“This with (necessary adjustments made on some of the programs) led to the increase in the internal revenue receipts. This steady rise has presently generated though not the figures erroneously claimed in the media.

“Aggressive improvement in Federation receipts by securing recovery by the state of oilfields that were also the subject of the successful claim against International Oll Companies (IOCs) on production sharing contracts; the recoveries arising from 13% derivation and the demand by the state for adherence to the fiscal provisions in the constitution in support of states by successfully removing from Federation receipts institutions of Government whether state or federal not so recognized by the constitution such as the Police Trust Fund and others thus widening the available receipts for States and the last but not the least our success on the subject of Value Added Tax.

“The reason behind these painstaking efforts was to make available a basket of receipts sufficient to enable the state to deliver good governance through the provision of goods and services.

“It was this idea that informed the continuity and consolidation mantra that was the theme of your election campaign and government thereafter.

“You will respectfully recall that when the climate of discord became unbearable I and other like-minded members of the Executive Council that were appointed by you resigned.

“You thereafter engaged His Excellency, Asiwaju Bola Ahmed Tinubu, GCFR President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria and as Father of the Nation to intervene in the matter.

“In deference to the directive of Mr. President, I and the others were recalled and we all accepted and joined the cabinet again. I expected Sir that with the opportunity provided by Mr.President, every effort will be made to sustain peace.

“Regrettably Your Excellency the peace in Government and governance that we all – citizens and residents of the state desire has remained out of reach despite our consistent efforts and demand for same.

“This has affected our ability to protect and defend the gains that we made these past years.

“In the course of official engagements, I have reiterated the need for this peace and the fact we all are willing and determined to work for this.

“It is very difficult to deliver good governance where there is acrimony and discord. It is not the point of service that is important but the climate. Our present circumstance makes service delivery extremely challenging. I still hold the belief that it is never too late for peace.

“In view of the above, I find it difficult to accept the redeployment. I do not accept it. I reject it and convey to you my immediate resignation as Commissioner and member of the Rivers State Executive Council with effect from the date of this letter.

“While praying that the Good Lord grants us Peace, I thank you for the opportunity and assure you the assurances of my esteemed regards.”

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Tinubu Approves Credit Scheme Takeoff to Facilitate Purchase of Cars, Houses

Published

1 day ago

April 25, 2024

Eric

President Bola Tinubu has approved the takeoff of the first phase of the Consumer Credit Scheme to facilitate the purchase of houses and cars by working Nigerians.

In a statement on Wednesday, presidential spokesman Ajuri Ngelale said the Consumer Credit Scheme will enhance the quality of life citizens by allowing them to “access goods and services upfront, paying responsibly over time”.

“It facilitates crucial purchases, such as homes, vehicles, education, and healthcare, essential for ongoing stability to pursue their aspirations,” the statement added.

“Through responsible repayment, individuals build credit histories, unlocking more opportunities for a better life. Additionally, the increased demand for goods and services stimulates local industry and job creation.

“The President believes every hardworking Nigerian should have access to social mobility, with consumer credit playing a pivotal role in achieving this vision.”

In line with the President’s directive to expand consumer credit access to Nigerians, the Nigerian Consumer Credit Corporation (CREDICORP) has launched a portal for Nigerians to express interest in receiving consumer credit.

“This initiative, in collaboration with financial institutions and cooperatives nationwide, aims to broaden consumer credit availability,” the statement noted, adding that working Nigerians interested in receiving consumer credit can visit CREDICORP’s website to express interest before the deadline date of May 15, 2024.

“The scheme will be rolled out in phases, starting with members of the civil service and cascading to members of the public.”

The CREDICORP’s objectives include: “(1) Strengthening Nigeria’s credit reporting systems, ensuring every economically active citizen has a dependable credit score. This score becomes personal equity they build, facilitating access to consumer credit.

“(2) Offering credit guarantees and wholesale lending to financial institutions dedicated to broadening consumer credit access today.

“(3) Promoting responsible consumer credit as a pathway to an improved quality of life, fostering a cultural shift towards growth and financial responsibility.”