Senate Passes Bill To Establish Electoral Offences Commission

*Okays 20-Year Jail Term For Ballot-Snatching, N20m Fine For
Hate Speech

The Senate, on Tuesday, passed a bill to establish the Electoral
Offences Commission.

The Bill sponsored by Senator representing Borno North, Abubakar
Shaib Kyari, passed second reading last March and was sent to the
Senate Committee on the Independent National Electoral Commission
(INEC).

Presenting his Committee report, Senator representing Kano South
and Chairman of the Committee on INEC, Kabiru Gaya, revealed that
electoral law violations have characterised elections in Nigeria
from 1999 till the present day.

“Successive elections at the national, states and local
government levels have been marred by irregularities, with
political players resorting to violence to outsmart each other to
achieve victory.

“No doubt, electoral offences remain a significant threat to
credible, free and fair elections in Nigeria, where elections
heighten political tension and trigger violence.”

Senator Gaya recalled that the INEC has severally lamented that
it lacks the capacity to prosecute and ensure the conviction of
individuals apprehended for electoral offences.

He maintained that it was obvious that with less than 100 legal
officers, the electoral umpire was incapable of pushing for the
conviction of offenders.

“Indeed INEC has at several occasions admitted that it lacks the
wherewithal to cleanse the system.

“Its failure to prosecute even one per cent 870,000 and over
900,000 alleged electoral Offences in 2011 and 2015 general
elections respectively is an affirmation of the necessity for a
paradigm shift on how we deal with electoral offences”

Accordingly, the Senate during consideration of the INEC
Committee report, approved the establishment of the National
Electoral Offences Commission.

The Commission’s membership when the Bill is passed into law
would consist of the Chairman, Secretary and representatives from
the Justice, Interior, Defence, and Information Ministries.

The function of the Commission includes investigating electoral
Offences created in any laws relating to elections in Nigeria;
prosecution of electoral offenders; and maintaining records of all
persons investigated and prosecuted.

It will also liaise with the Attorney-General of the Federation
and government security and law enforcement bodies and agencies in
the discharge of its duties; liaise with other bodies within and
outside Nigeria involved in the investigation or prosecution of
electoral Offences; and adopting measures to prevent, minimize and
eradicate electoral Offences throughout the federation.

The Senate in Clause 12 of the bill approved at least five years
imprisonment or a fine of at least N10 million naira or both, for
any officer or executives of any association or political party
that engages in electoral fraud that contravenes the provisions of
clauses 221, 225(1)(2)(3) and (4) and 227 of the 1999 Constitution
as amended.

The upper chamber adopted the Committee’s recommendation of
fifteen years imprisonment for any person involved in ballot box
snatching, supplying voter’s cards to persons without due
authority, unauthorized printing of voters’ register, illegal
printing of ballot paper or electoral document, and importation of
any device or mechanism by which ballot paper or results of
elections may be extracted, affected or manipulated, and voting at
an election when he is not entitled to vote.

It also approved ten years imprisonment for any person who sells
a voter’s card, or in possession of any voter’s card bearing the
name of another person, or prepares and prints a document or paper
purporting to be a register of voters or a voter’s card.

The Senate also gave its nod to a term of at least ten years
upon conviction for any election official who willfully prevents
any person from voting at the polling station, willfully rejects or
refuses to count any ballot paper validly cast, willfully counts
any ballot paper not validly cast, gives false evidence or
withholds evidence, and announces or declares a false result at an
election.

The upper chamber in Clause 20(2) approved at least fifteen
years imprisonment for any judicial officer or officer of a court
or tribunal who compromises electoral justice, during or after an
election.

It also gave at least fifteen years jail term or N30 million
naira fine for any security personnel or election official engaged
by the Independent National Electoral Commission or State Electoral
Commission who attempts to influence the outcome of an
election.

In addition, any person found to disturb the public peace on
Election Day by playing musical instruments, singing or holding an
assembly where a polling station is located shall be guilty of
breaching electoral peace and liable to six months imprisonment or
a fine of at least N100,000 or both.

Also, any person acting for himself or on behalf of any
organization or political party or candidate or his agent with the
intention of prejudicing the result of an election, damage or
defame, in any manner, the character of any candidate in an
election or his family member by making, saying, printing, airing
or publishing in the print or electronic media false accusation on
any matter shall be guilty of serious corrupt practice and liable
on conviction to a term of at least ten years or a fine of ten
million naira or both.

Any person soliciting or giving votes for or against any
political party or candidate at an election, or found to affix
campaign materials on any private house, public buildings or
structures, or prints posters and banners without the name and
address of the political party to which the candidate or person
belongs contravenes sub-clause (1) to (5) and guilty of an offence
and liable to at least five years or a fine of at least ten million
naira, or both.

The National Electoral Offences Commission Bill, 2021, prohibits
any campaign against national interest.

It provides a twenty years jail term without the option of a
fine for any person who propagates information that undermines the
independence, sovereignty, territorial integrity, or unity of the
federation.

Also, any candidate or agent who damages or snatches ballot
boxes, ballot papers or election materials before, during and after
an election without the permission of the election official in
charge of the polling station attracts at least twenty years
imprisonment or a fine of at least forty million naira.

The Senate approved at least fifteen years imprisonment for any
person who conveys voters to and from the poll; and three years
imprisonment for any employee who directly or indirectly exerts
undue influence on a voter in his employ.

The upper chamber approved three years and not more than five
years imprisonment for any person who provides false information in
any material particular to a public officer.

It also gave the nod for at least ten years imprisonment or at
least twenty million naira fine or both for any person who uses
hate speech to stir up ethnic, religious or racial hatred, social
or political insecurity or violence against anyone or group of
persons.

*Okays 20-Year Jail Term For Ballot-Snatching, N20m Fine For
Hate Speech

The Senate, on Tuesday, passed a bill to establish the Electoral
Offences Commission.

The Bill sponsored by Senator representing Borno North, Abubakar
Shaib Kyari, passed second reading last March and was sent to the
Senate Committee on the Independent National Electoral Commission
(INEC).

Presenting his Committee report, Senator representing Kano South
and Chairman of the Committee on INEC, Kabiru Gaya, revealed that
electoral law violations have characterised elections in Nigeria
from 1999 till the present day.

“Successive elections at the national, states and local
government levels have been marred by irregularities, with
political players resorting to violence to outsmart each other to
achieve victory.

“No doubt, electoral offences remain a significant threat to
credible, free and fair elections in Nigeria, where elections
heighten political tension and trigger violence.”

Senator Gaya recalled that the INEC has severally lamented that
it lacks the capacity to prosecute and ensure the conviction of
individuals apprehended for electoral offences.

He maintained that it was obvious that with less than 100 legal
officers, the electoral umpire was incapable of pushing for the
conviction of offenders.

“Indeed INEC has at several occasions admitted that it lacks the
wherewithal to cleanse the system.

“Its failure to prosecute even one per cent 870,000 and over
900,000 alleged electoral Offences in 2011 and 2015 general
elections respectively is an affirmation of the necessity for a
paradigm shift on how we deal with electoral offences”

Accordingly, the Senate during consideration of the INEC
Committee report, approved the establishment of the National
Electoral Offences Commission.

The Commission’s membership when the Bill is passed into law
would consist of the Chairman, Secretary and representatives from
the Justice, Interior, Defence, and Information Ministries.

The function of the Commission includes investigating electoral
Offences created in any laws relating to elections in Nigeria;
prosecution of electoral offenders; and maintaining records of all
persons investigated and prosecuted.

It will also liaise with the Attorney-General of the Federation
and government security and law enforcement bodies and agencies in
the discharge of its duties; liaise with other bodies within and
outside Nigeria involved in the investigation or prosecution of
electoral Offences; and adopting measures to prevent, minimize and
eradicate electoral Offences throughout the federation.

The Senate in Clause 12 of the bill approved at least five years
imprisonment or a fine of at least N10 million naira or both, for
any officer or executives of any association or political party
that engages in electoral fraud that contravenes the provisions of
clauses 221, 225(1)(2)(3) and (4) and 227 of the 1999 Constitution
as amended.

The upper chamber adopted the Committee’s recommendation of
fifteen years imprisonment for any person involved in ballot box
snatching, supplying voter’s cards to persons without due
authority, unauthorized printing of voters’ register, illegal
printing of ballot paper or electoral document, and importation of
any device or mechanism by which ballot paper or results of
elections may be extracted, affected or manipulated, and voting at
an election when he is not entitled to vote.

It also approved ten years imprisonment for any person who sells
a voter’s card, or in possession of any voter’s card bearing the
name of another person, or prepares and prints a document or paper
purporting to be a register of voters or a voter’s card.

The Senate also gave its nod to a term of at least ten years
upon conviction for any election official who willfully prevents
any person from voting at the polling station, willfully rejects or
refuses to count any ballot paper validly cast, willfully counts
any ballot paper not validly cast, gives false evidence or
withholds evidence, and announces or declares a false result at an
election.

The upper chamber in Clause 20(2) approved at least fifteen
years imprisonment for any judicial officer or officer of a court
or tribunal who compromises electoral justice, during or after an
election.

It also gave at least fifteen years jail term or N30 million
naira fine for any security personnel or election official engaged
by the Independent National Electoral Commission or State Electoral
Commission who attempts to influence the outcome of an
election.

In addition, any person found to disturb the public peace on
Election Day by playing musical instruments, singing or holding an
assembly where a polling station is located shall be guilty of
breaching electoral peace and liable to six months imprisonment or
a fine of at least N100,000 or both.

Also, any person acting for himself or on behalf of any
organization or political party or candidate or his agent with the
intention of prejudicing the result of an election, damage or
defame, in any manner, the character of any candidate in an
election or his family member by making, saying, printing, airing
or publishing in the print or electronic media false accusation on
any matter shall be guilty of serious corrupt practice and liable
on conviction to a term of at least ten years or a fine of ten
million naira or both.

Any person soliciting or giving votes for or against any
political party or candidate at an election, or found to affix
campaign materials on any private house, public buildings or
structures, or prints posters and banners without the name and
address of the political party to which the candidate or person
belongs contravenes sub-clause (1) to (5) and guilty of an offence
and liable to at least five years or a fine of at least ten million
naira, or both.

The National Electoral Offences Commission Bill, 2021, prohibits
any campaign against national interest.

It provides a twenty years jail term without the option of a
fine for any person who propagates information that undermines the
independence, sovereignty, territorial integrity, or unity of the
federation.

Also, any candidate or agent who damages or snatches ballot
boxes, ballot papers or election materials before, during and after
an election without the permission of the election official in
charge of the polling station attracts at least twenty years
imprisonment or a fine of at least forty million naira.

The Senate approved at least fifteen years imprisonment for any
person who conveys voters to and from the poll; and three years
imprisonment for any employee who directly or indirectly exerts
undue influence on a voter in his employ.

The upper chamber approved three years and not more than five
years imprisonment for any person who provides false information in
any material particular to a public officer.

It also gave the nod for at least ten years imprisonment or at
least twenty million naira fine or both for any person who uses
hate speech to stir up ethnic, religious or racial hatred, social
or political insecurity or violence against anyone or group of
persons.