25 February is almost here and Nigerians will soon head out to the polls to elect a new president and lawmakers for the National Assembly.
Development Diaries reports that as Nigerians are getting ready to head out to the polls, it is important that they take note of and be wary of contravening electoral laws.
To this end, here is a list of electoral offences the electorate needs to know in order to ensure they are on the right side of the law.
Offences relating to registration
Section 114 of the Electoral Act 2022 provides that anyone who shows up in a constituency where they are not registered, registers in more than one or more registration or revision centre or forges a registration card is liable on conviction to a maximum fine of N1,000,000 or to imprisonment for a term of 12 months or both.
Improper use of voter card
Section 117 of the Act provides that anyone who gives out his or her voters card to another person for use or receives another person’s voters card with an intention to use it fraudulently is liable on conviction to a maximum fine of N1,000,000 or imprisonment for a term of 12 months or both.
Impersonation and voting when not qualified
Section 119 of the Electoral Act 2022 provides that any person uses another person’s name to apply for inclusion in any list of voters and applies for a ballot paper in the name of another person, commits an offense of impersonation.
Also, any person who votes or attempts to vote at an election knowing that they are not qualified to vote at the election or induces or procures any other person to vote at an election knowing that such other person is not qualified to vote at the election is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both.
Bribery and conspiracy
Section 121 subsection one provides that anyone who corruptly offers a gift or anyone who receives a gift intended 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.
Subsection two of the same section provides that any voter who commits an offence of bribery or aides and abets any person to commit bribery is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both.
Requirement of secrecy in voting
Section 122 of the Electoral Act 2022 provides that everyone that comes to a polling station or at the collation centre shall maintain and aid in maintaining the secrecy of voting.
Voters are not expected to communicate to any person who they have or have not voted, and no person must interfere with a voter casting his or her vote or obtain information of a voter’s choice of candidate.
Anyone who does this is liable on conviction to a maximum fine of N100,000 or imprisonment for a term of three months or both.
Disorderly conduct at elections
The Act further provides in section 125 that anyone who acts or tries to incite others to act in a disorderly manner 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.
Here are other offences on election day according to section 126 of the Act. No one is allowed to:
- 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 ; snatch or destroy any election materials; and blare siren.
- Subsection two of the act provides that no person shall within the vicinity of a polling unit or collation centre on the day of which an election is held, convene, hold or attend any public meeting during the hours of poll as may be prescribed by the Commission.
- Anyone who defaults is liable on conviction to a fine of N100,000 or imprisonment for a term of six months for every such offence.
Finally, subsection four provides that any person who snatches or destroys any election material or any election device commits an offence and is liable on conviction to imprisonment for a term of 24 months.
Photo source: The Commonwealth