The Independent National Electoral Commission (INEC) has continually warned against vote-buying, ballot box snatching, underage voting and other electoral malpractices.
INEC organises elections for various political offices in the country.
The Electoral Act 2022 clearly outlines the rules and regulations guiding the electoral process. However, many Nigerians are unaware of the provisions in the act that could lead to their arrest.
As the Anambra governorship election scheduled for November 8 draws closer, this article highlights the key activities that could lead to arrest during the forthcoming poll.
LEGAL FRAMEWORK
Electoral offences in Nigeria are comprehensively stipulated in the electoral act 2022. The act was assented to by the late former President Muhammadu Buhari in February 2022 and subsequently gazetted and published in the following month for adoption ahead of the 2023 general elections.
Under the Act, offences such as vote buying, impersonation, and voting by unqualified voters, among others, carry a fine, imprisonment, or both, depending on the severity of the offence.
This effort aims to ensure credible, free, and fair elections among participating parties, thereby ensuring that citizens’ votes count.
The Anambra election is approaching, and the electoral act 2022 will remain in effect until it is amended or repealed. If you are a voter in Anambra, below are some of the offences that could lead to your arrest in the governorship election period.
VOTER REGISTRATION OFFENCES
Everyone in Anambra who is eligible to vote is required to register for the election. However, it is important to note that anyone who, without authority, destroys, mutilates, defaces, removes, or alters a registration notice or document may face imprisonment.
In addition, impersonating or registering in a constituency you are not entitled to, or registering at multiple centres; publishing false statements to deter eligible voters from registering; making false entries in registration documents; obstructing registration or revision officers; impersonating registration officers; forging a registration card; or conducting registration or revision outside designated centres are all prohibited by the law.
These offences carry a fine of up to N1 million, imprisonment for up to 12 months, or both.
OFFENCES IN RESPECT OF NOMINATION
If you forge, deface, destroy, unlawfully handle or deliver forged nomination papers, result forms, certificates of return, ballot papers, ballot boxes, or you consent to be a candidate when ineligible, you commit an offence and are liable on conviction to imprisonment for up to two years.
MANUFACTURING OR IMPORTING ELECTION MATERIALS WITHOUT AUTHORISATION
The Nigerian law criminalises manufacturing, importing, possessing, or supplying ballot boxes, compartments, voting devices, or mechanisms without proper authorisation.
The unlawful possession, illegal printing of a ballot paper, illegal production, importation of ballot boxes or the illegal printing of ballot papers are prohibited.
These offences attract a maximum fine of N50 million, imprisonment for a term of not less than 10 years, or both.
DISORDERLY BEHAVIOUR AT POLITICAL MEETINGS
Political meetings are essential for the promotion of democracy, especially in a multi-party system like Nigeria’s. However, opposition groups sometimes attempt to disrupt one another’s gatherings. Acting in a disorderly manner or being in possession of an offensive weapon at a political meeting can result in a fine of up to N500,000, imprisonment for up to 12 months, or both.
IMPROPER USE OF VOTER’S CARD
Your voter’s card is meant for you only and can not be shared with others. Therefore, giving your voter’s card to someone else to use during an election, other than an officer appointed to do so, is unlawful. It is also the same for possessing more than one voter’s card or buying, selling and dealing in voters’ cards. Anyone found wanting of these offences is liable to a fine of up to N1 million, imprisonment for 12 months, or both.
IMPROPER USE OF GOVERNMENT’S VEHICLES
It is prohibited to convey any person to a registration office or to a polling unit using a government vehicle or boat, except that such a person is entitled to use such a vehicle or boat, for instance, an electoral officer.
Anyone who does this risks a fine of up to N500,000 or imprisonment for up to six months, or both.
IMPERSONATION AND VOTING WHEN NOT ELIGIBLE
If you attempt to vote in the Anambra election without being qualified to vote, or you induce a person to vote knowing such a person is not qualified, you can be liable for a fine of up to N500,000 or 12 months imprisonment or both. This also applies to voting more than once or aiding these offences.
DERELICTION OF DUTY AND ANNOUNCING FALSE RESULTS
If you are a polling officer who fails to report to the polling unit on time or fails to discharge your duties on election day without a lawful excuse, you can be convicted and fined up to N500,000 or imprisoned for up to 12 months, or both.
Additionally, announcing or publishing a false election result is punishable by up to 36-month imprisonment.
If a returning officer, collation officer, or person delivers a false certificate of return, they will be liable to a sentence of up to three years imprisonment without the option of a fine.
BRIBERY AND CONSPIRACY: VOTE BUYING
Paying money to any other person for bribery at any election or receiving any money or gift for voting, or to refrain from voting at any election, carries a fine of up to N500,000 or imprisonment for 12 months, or both. If a person aids and abets such offences, the same punishment applies.
VOTING INTERFERENCE
Voting must be done in secret in the polling booth, so that no one else knows the party you voted for. Flouting this rule means you are not maintaining the secrecy of voting at a polling unit. At the polling booth, you cannot interfere with or speak to a voter casting their vote. If found guilty, you will face a fine of up to N100,000 or imprisonment for up to three months, or both.
WRONGFUL VOTING AND FALSE STATEMENTS
Illegal voting at an election and publishing any statement about the withdrawal of a candidate or about his personal character, knowing it to be false, will attract a fine of up to N100,000 or imprisonment for a term of six months, or both.
VOTING BY UNREGISTERED PERSONS
If you bring a voter’s card issued to another person into a polling unit during an election, you are liable to be fined N100,000 or imprisoned for six months, or both. You get the same punishment if you attempt to knowingly vote in a constituency that does not have your name in its register.
DISORDERLY CONDUCT AT ELECTIONS
If you incite people to act in a disorderly manner at polling units, you will be liable to a fine of N500,000 or imprisonment for a term of 12 months, or both.
OFFENCES ON ELECTION DAY
According to the electoral act, within a distance of 300 metres of a polling unit, you must not canvass for votes, persuade any voter not to vote for a particular candidate, or be in possession of any offensive weapon.
You must also not wear or display any notice, symbol, photograph, or party card. Using any vehicle bearing the colour or symbol of a political party, loitering around a polling unit, or blaring a siren is also prohibited.
Flouting these prohibitions can result in a fine of N100,000 or a term of imprisonment of six months.
In addition, the snatching or destruction of any election material can result in a 24-month imprisonment.
UNDUE INFLUENCE: VOTE BUYING AND SELLING
If you accept money or any other inducement after the announcement of an election date, or if you give money or an inducement to corruptly influence someone to vote or not vote, you will face penalties. You are liable to be fined N100,000 or imprisoned for 12 months, or both.
VIOLENCE, THREATS OR CAMPAIGN OBSTRUCTION
If you threaten a person with violence or injury to compel that person to vote or refrain from voting, or you prevent any political aspirant from free use of the media vehicles, mobilisation of political support and campaign at an election, you will be liable to be fined N1 million or imprisoned for three years.
This report was written by the Nigeria Fact-Checkers Coalition (NFC) ahead of the 2025 Anambra governorship election.
