Rights and Duties Of Voters Before, During & After Voting in General Elections (By Mujtaba Adamu Ameen)

INTRODUCTION

It is widely believed world over that democracy is the best form
of governance and that elections is one of the most important
foundation of democracy.

Through voting, citizens make choices among the contesting
parties and candidates, while the law is there to ensure
accountable and transparent process. This is the basis for ensuring
that the winner reflects the true and absolute choice of the
voters. The power of voters to make these choices among the
parties, candidates and programmes make the elected officials
accountable to voters and citizens.

In Nigeria we had a lot of challenges with the conduct of
elections since the return of democracy from military rule in 1999
election up to the 2015 elections.

However the success or failure of any election depends on the
responsibility performance of all stakeholders including INEC,
Political Parties, Voters, Election Observers, Media Houses and
Security Agencies.

The voters on their side can make a huge difference in the
outcome of any elections.  It is therefore pertinent that the
voters display the highest level of discipline, orderliness and
absolute compliance to the Law and Order guiding the elections.

Responsibility of voters goes with their rights as two
inseparable development factors like the Siamese twin. The State
guarantees the rights of the citizen in order for the citizen to
fulfill his duties to the State

The attempt here is this morning is to deliberately focus more
to the rights that have direct bearing with elections and also to
develop in gallant police officers and other stakeholders an
awareness of the voter’s rights and responsibilities, to sensitize
ourselves on the rights of the voter before, during and after
elections and to encourage responsible action to secure lives and
ensure a safe and enabling atmosphere for the peaceful conduct of
the elections.

The knowledge of rights and responsibilities would help develop
in the Nigerian Police Force respect for the dignity of the
individual voter, promote tolerance and strengthen respect for
fundamental freedom.

VOTERS RESPONSIBILITY BEFORE ELECTIONS

1. Right to Voter Registration-Section 12 of the Electoral Act
   2011 provides that once a person is a Nigerian citizen with a
   minimum of 18 years of age shall be registered not more than once
   and in not more than one registration centre, either where he is
   ordinarily resident, works in or originates from a Local Government
   Area council or ward covered by the registration centre.
2. Right to conduct peaceful campaign- It is the responsibility of
   any voter and political party stalwarts to ensure that they conduct
   campaigns in a peaceful manner and to ALWAYS adhere to the laws,
   rules and regulations guiding elections in Nigeria. Broadcasting
   any campaign or political activities 24hours prior to elections or
   on the polling day is prohibited and is an offence sanctioned under
   the Electoral Act.
3. Reporting election offences as soon as possible to Designated
   Security Officers desks and the nearest Police Stations and to
   participate in the election by coming out to vote is also cardinal
   responsibility of voters before election.
4. It is also the responsibility of the voter to ensure that they
   did not impersonate or obtain Voter’s card by fraud or
   misrepresentation.

VOTERS RESPONSIBILITY DURING ELECTIONS

1. Right to vote – anyone who is properly registered may vote in
   any election this is to help ensure the independence and
   impartiality of INEC is protected, guaranteed and enforced to the
   full by participation in the electoral process.
2. 47 of the Electoral Act requires that voting shall take place
   on the same day and time throughout the federation. It is the right
   of every registered voter to be at their Polling Unit on Election
   Day from when it usually opens for accreditation at 08:00AM until
   when the results of the vote at that Polling Unit are published and
   posted at that Polling Unit.

All accredited voters are entitled by right and by encouragement
of INEC to visit their Polling Units with their mobile devices and
use them freely, they also have the right to avail yourselves of
any monitoring system to report events at their Polling Unit.

1. It is the right of every accredited Nigerian voter to vote
   according to their persuasion, their conscience, their conviction
   and never under duress or inducement by any politician, security
   agent, religious or tribal leader or for compensation. It is also
   the right of every accredited Nigerian voter to use their vote
   wisely, the people we elect in February will run the country for
   the next four years, their decisions will affect our lives at home
   and abroad, our future, our prospects, our progress, our economy,
   our livelihoods and much more – ensure the party that has your
   endorsement at the ballot box can and will affect your life as a
   Nigerian for the better.
2. Right to secrecy of voting – It is the right of every
   accredited Nigerian Voter as enshrined under S. 52 of the Electoral
   Act to vote by an open secret ballot. A voter may keep his or her
   vote and political party preference secret. No one may look at or
   ask to see a voter’s ballot
3. Right to Additional ballot paper-S. 55 of the Electoral Act
   provides that A voter who by accident deals with his ballot paper
   in such a manner that it may not be conveniently used for voting,
   may deliver it to the Presiding Officer and if the Presiding
   Officer is satisfied that the ballot paper is spoilt he shall issue
   another ballot paper to the voter in place of the ballot paper
   delivered up, and the spoilt ballot paper shall be immediately
   marked cancelled by the Presiding Officer.
4. Right to special assistance – A voter, who has a disability or
   is unable to read and/or write, may receive special assistance. If
   you have doubts or have questions feel free to ask. 56 of the
   Electoral Act provides that a voter who is blind or is otherwise
   unable to distinguish symbols or who suffers from any other
   physical disability may be accompanied into the polling unit by a
   person chosen by him and that person shall, after informing the
   Presiding Officer of the disability, be permitted to accompany the
   voter into the voting compartment and assist the voter to make his
   mark in accordance with the procedure prescribed by the
   Commission.

Sub Section 2 of the S. 56 provides that the Commission may take
reasonable steps to ensure that voters with disabilities are
assisted at the polling place by the provision of suitable means of
communication, such as Braille, Large embossed print or electronic
devices or sign language interpretation, or off-site voting in
appropriate cases.

1. Right to prevent voting- S. 50 of the Electoral Act guarantees
   the responsibility of a Voter, an Agent or a candidate to challenge
   the right of a person to receive a ballot paper where it appears in
   anyone of the following:

• Impersonate another person in order to vote or attempt to vote
  under a false name
• Vote or attempt to vote more than once in the same
  election
• Influence or attempt to influence a voter’s voting decision
  through the use of force, threat, menace, intimidation, bribery,
  reward, or offer of reward.

Notwithstanding the rights of a registered voter, there are
series of offences which are sanctioned by the Law;

1. 129 of the Electoral Act provides that “No person shall on the
   date an election held do any of the following acts or things in a
   polling unit or within a distance of 300 meters of a polling
   unit-
2. Canvass for votes;
3. Solicit for the vote of any voter;
4. Persuade any voter not to vote for any particular
   candidate;
5. Persuade any voter not to vote at any election;
6. Shout slogans concerning the elections;
7. Be in possession of any offensive weapon or wear any dress or
   have any facial or other decoration which in the event is
   calculated to intimidate voters;
8. Exhibit, wear or tender any notice, symbol photograph or party
   card referring to the election;
9. Use any vehicle bearing the colour or symbol of a political
   party by any means whatever.
10. Loiter without lawful excuse after voting or after being
    refused to vote;
11. Snatch or destroy any election materials; and
12. Blare a siren

Sub Section (2) further states that “No person shall within the
vicinity of a polling unit or collation centre on the day of which
an election is held-convince, hold or attend any public meeting
during the hours of poll as may be prescribed by the Commission
unless appointed under this Act to make official announcements
operate any megaphone, amplifier or public address apparatus, wear
or carry any badge, poster, banner, flag or symbol relating to a
political party or to the election.”

Where a person contravenes any of the provisions of this section
commits an offence and is liable on conviction to 24 months
imprisonment.

VOTERS RESPONSIBILITY AFTER ELECTIONS

1. One most essential primary responsibility of a voter after
   election is to be law abiding. Voters shall keep away from all the
   offences listed above and to ensure that they observe high level of
   discipline.

All law enforcement personnel when it pertains to the electoral
process are answerable to the designated INEC official at that
location and they shall not act outside the remit and authority of
the INEC official during the whole electoral exercise.

It goes without saying that the Inspector General of Police is
also answerable to the authority of INEC when it pertains to
electoral matters on all Election Days at all INEC designated
electoral premises throughout the federation.

In the exercise of the voting process by these voters, the
security agencies particularly the Police are saddled with the
responsibility of the protection of human life, voters themselves,
electoral materials and officials and also in the preservation of
lawful and orderly election which are necessary for a credible,
free and fair election. It is therefore important that security
officers display the highest level of integrity, neutrality,
professionalism and sense of duty.

The function of the law enforcement is always to maintain peace
and order as well as facilitate the ability for Nigerians to
observe the conduct of free, fair and credible elections.

One function of law enforcement personnel on Election Days is to
enforce the restrictions on vehicular movement and unauthorized
travel as provided under Section 121 of the Electoral Act as
follows ‘No person shall provide for the purpose of any other
person to a registration office or to a polling unit any government
vehicle or boat, or any vehicle or boat belonging to a public
corporation except in respect of a person who is ordinarily
entitled to use such vehicle or boat and in emergency in respect of
an electoral officer.

Sub (2) states further that where a person who contravenes the
provisions of subsection (1) of this section commits an offence and
is liable on conviction to a maximum fine of N500, 000.00 or to
imprisonment for six months or to both.”

I pray the Almighty in his infinite mercy will grant us very
successful, peaceful, free, fair and credible elections.

Mujtaba Adamu Ameen ESQ, LLM, Deputy Director
Legal Services Kano State House of Assembly, Secretary Nigerian Bar
Association Kano Branch

EFCC Releases Hotlines Against Electoral
Fraud

The Economic and Financial Crimes Commission, EFCC, wishes to
inform the general public that patriotic citizens with authentic
information that can lead to the arrest of culprits of Vote-buying
should reach the Commission for prompt response.

The numbers to call are as follows:

ABUJA HQ—— 08141219896, 09077928772, 09051923475, 09074456025,
09051916064, 09066270016

ABUJA ZONAL OFFICE—-08033492025, 08123827088

LAGOS OFFICE —08033106347, 08123827088

PORT HARCOURT OFFICE —— 08065642958

KANO OFFICE —08033500256

GOMBE OFFICE —07061813411

KADUNA OFFICE —08037623831, 08058437872

ENUGU OFFICE —07064917920

BENIN OFFICE —08036008537

MAIDUGURI OFFICE —08035899836, 08123827019

UYO OFFICE —08055112603, 08180008030

SOKOTO OFFICE —09085666666, 08081765401

ILORIN OFFICE —08034516071

MAKURDI OFFICE —08036328837

IBADAN OFFICE —07030885555

Please note that handsome rewards await informants with
authentic information in accordance with the Whistle-blowing Policy
of the Federal Government.

Tony Orilade
Ag. Head, Media & Publicity