As the Bayelsa, Imo, and Kogi governorship elections approach, there are electoral offences that voters must avoid.
Development Diaries reports that 5,409,438 Nigerians are expected to vote in the upcoming off-cycle elections scheduled for 11 November.
Sections 114–128 of the Electoral Act 2022 highlight the various electoral offences voters must avoid, while they provide punishments for various offences as listed.
It is important that voters in the three states are aware of the electoral offences in order for them to comport themselves properly while voting.
Offences relating to registration
According to section 114 of the Electoral Act 2022, anyone found guilty of showing up in a constituency where they are not registered, registering in multiple registration or revision centres, or fabricating a registration card faces a maximum fine of N1,000,000, a maximum term of imprisonment, or both.
Improper use of voter card
In accordance with section 117 of the law, anyone found guilty of giving away their voter card to another individual for use or receiving someone else’s voter card with the aim of using it fraudulently faces a maximum fine of N1,000,000, a maximum period of imprisonment of 12 months, or both.
Impersonation and voting when not qualified
Under section 119 of the Electoral Act of 2022, it is illegal for anyone to apply for a ballot paper or to be included on any voter list under the name of another person. This is known as impersonation.
Furthermore, upon conviction, any individual found guilty of voting, attempting to vote, or encouraging another person to vote at an election while knowing they are not eligible to do so faces a maximum fine of N500,000, a maximum 12-month jail sentence, or both.
Bribery and conspiracy
Section 121 provides that anyone who corruptly offers a gift or anyone who receives a gift intended to vote or refrain from voting or has 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
Everyone who visits a polling unit or the collation facility is required under section 122 of the Electoral Act 2022 to uphold and assist in safeguarding voting confidentiality.
Voters are not required to disclose to third parties whether they have cast a ballot or not, and no one is allowed to obstruct a voter’s ballot or get information about the candidate they have selected.
If found guilty, the offender faces a maximum fine of N100,000, a maximum sentence of three months in jail, or both.
Disorderly conduct at elections
Section 125 of the act stipulates that anyone who engages in disorderly behaviour or attempts to persuade others to do so is guilty of an offence and faces a maximum fine of N500,000, a maximum period of imprisonment of 12 months, or both.
Furthermore, according to 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.
None shall be in possession of any offensive weapon or wear any dress or have any facial or other decoration that, in any event, is calculated to intimidate voters.
Also, no one shall 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.
The second subsection of the legislation states that no one may convene, hold, or attend any public gathering during the polling hours on the day of the election in the area of a polling place or collation centre, unless the Independent National Electoral Commission (INEC) specifies otherwise.
In the event of a default, the offender faces a fine of N100,000 or a six-month jail sentence upon conviction.
Lastly, subsection four states that stealing or destroying any election-related materials or equipment is illegal and, if found guilty, carries a 24-month prison sentence.
Development Diaries urges voters to pay attention to these election offences and abide by the law while casting their votes.
Photo source: The Commonwealth
