The Rules: What Nobody Told you about Nigerian Election

Laws regulate all aspects of our lives. The electoral process is no exception. The Constitution of the Federal Republic of Nigeria, 1999 as amended, the Electoral Act 2010, as amended and the Independent National Electoral Commission (INEC) Rules and Regulations constitute the legal framework which regulates our electoral process. Provisions of these deal with the right to associate, vote, form Political Parties etc. Others include registration of voters, Election Day procedures, dispute resolution, etc.

Breaches or violations of some of these provisions often attract penalties, which on conviction may be a fine, a term of imprisonment, or both. Any conduct – action or inaction which is prohibited by the Constitution or the Electoral Act and a breach of which attracts punishment, is called an electoral offence. Electoral offences may be committed by INEC or Security Officials, Political Parties and their officials, Candidates, Observers, Journalists/Media Houses or the general public.

Listed in this leaflet are some of the electoral offences prescribed by Nigerian Law as at 31st December, 2018. 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.

Voter Registration 

Offences #1

• 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. 

References

Section 117 E.A 2010 

Offences #2

• Giving false information in any application for registration as a voter

Penalty

A fine not exceeding N500,000 or 12 months imprisonment or both.

References

Section 117 E.A 2010 

Offences #3

• hindering another person from registering as a voter

Penalty

A fine not exceeding N500,000 or 5 years imprisonment or both.

References

Section 117 E.A 2010

Offences #4

• 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.

References

Section 117 E.A 2010 

Improper Use of Voter Card

Offences 

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. 

Penalty 

A maximum fine of N1,000,000 or imprisonment for 12 months or both.

References

Section 120 E.A 2010