Presidential candidates in
Nigeria will now spend within one billion naira during campaigns and will end
up in jail if they exceed the amount.
While Governorship candidates
will spend not more than N200 million, Senators N40m, House of Representatives
contestants shall not exceed N20 million.
These are new proposals by the
House of Representatives with penalties ranging from a fine of N500,000 to N50
million or a prison term of up to 10 years for offences.
According to the proposal
obtained by Punch, a convicted offender may also pay both fine and be sentenced
to a prison term.
The electoral offenders shall be
tried not in conventional courts but by a Commission/Electoral Tribunal to be
established specifically for the purpose of handling election-related offences
in the country.
It also said donations to
candidates shall not exceed N1 million.
Presidential election violators
shall face a fine of N1 million or imprisonment of 12 months or both.
For governors, the fine is
N800,000 or a prison term of nine months or both.
In the case of senatorial
election, the fine for a violator is N600,000 or a prison term of six months or
both.
House of Representatives members,
who breach the law, shall pay a fine of N500,000 or face a prison term of five
months or both.
These provisions are contained in
two harmonised bills – ‘A Bill for an Act to Establish the Electoral Offences
Tribunal for the Purpose of Trying Electoral Offences’; and ‘A Bill for an Act
to Establish the Nigerian Electoral Offences Commission Charged with the Responsibility
of Prohibition and Prosecution of Electoral Offences ’ – now before the House.
The House Committee on Electoral
Matters had worked on the bills and laid the report before the House for
consideration.
The newspaper reports that the
report was scheduled for consideration on December 21, but had to be stood down
till January 16, 2018 when lawmakers would have reconvened after the Christmas
and New Year festivities.
Under the proposed law,
unauthorised printing, distribution, importation or destruction of ballot
papers and result sheets attract a jail term of 10 years.
The offender has an option of a
fine of N50m.
The provision adds in Sub –
Section 3 of the bill, “An attempt to commit any offence under this section
shall be punishable in the same manner as the offence itself.”
Offences relating to registration
of voters, including double registration, forgery and mutilation of
registration documents, attract a jail term of 12 months or a fine of N1
million or both.
In the same vein, anybody who
forges a nomination paper or “signs a nomination paper, consenting to be a
candidate at an election, knowing that he is ineligible to be a candidate at
that election, commits an offence.”
The bill adds, “A person who
commits an offence under Sub – Section (1 ) of this section is liable on
conviction to a maximum term of imprisonment of two years.”
The bill further provides that
“improper use of voter’s card”, such as giving it to another person for proxy
voting or selling or buying of the card , attracts a jail term of 12 months or
a fine of N1 m or both.
Offences like “disorderly
behaviour at political meetings” or being in possession of offensive weapons
attract a fine of N500,000 “or imprisonment for 12 months or both.”
Section 10 of the bill prescribes
penalties for the offence of “impersonation and voting when not qualified .”
Sub – section 10 (1 )(e- f )
reads , “Any person , who votes or attempts to vote at an election, knowing
that he is not qualified to vote at the election or (f ) induces or procures
any other person to vote at an election, knowing that such a person is not
qualified to vote , commits an offence and shall be liable on conviction to a
maximum fine of N500,000 or 12 months’ imprisonment or both.”
Sub – section 10(2 ), adds “Any
person, who commits the offence of impersonation or who aids, abets, counsels
or procures the commission of that offence, shall be guilty of an offence and
shall be liable on conviction to a maximum fine of N500,000 or imprisonment for
12 months or both.”
Offences like polling officers
failing to discharge their duties, delivering false results , delaying voting
and announcing false results attract a fine of N500,000 or 12 months’
imprisonment or both.
Sub – section 11 (5 ) provides,
“Any Returning Officer or Collation Officer, that delivers or causes to be
delivered, a false Certificate of Return , knowing same to be false, commits an
offence and on conviction shall be liable to a maximum imprisonment of three
years without an option of fine.”
Bribery or inducing voters with
money attracts a penalty of N500,000 or 12 months’ imprisonment or both.
The bill provides that both the
giver and the receiver of the money are liable.
On acts of violence or disorderly
conduct on election day, the bill provides, “Any person, who, at an election,
acts or incites others to act in a disorderly manner , commits an offence and
shall be liable on conviction to a maximum fine of N500,000 “ or imprisonment
of 12 months or both.”
Any act that results in injury to
any person or losses or intimidating voters to vote against their wish attracts
a penalty of N1 m or a jail term of three years.
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