Section 122-129 Nigerian Electoral Act 2022

Section 122, 123, 124, 125, 126, 127, 128, 129 of the Nigerian Electoral Act 2022, among others, are under Part VII of the Act. Part VII is titled ELECTORAL OFFENCES.

Section 122 Nigeria Electoral Act 2022

Requirement of secrecy in voting

(1) Every person in attendance at a polling unit including every officer charged with the conduct of an election and his or her assistants and every polling agent and candidate in attendance at a polling station or at the collation centre, as the case may be, shall maintain and aid in maintaining the secrecy of the voting.

(2) No person in attendance at a polling booth under this section shall, except for some purpose authorised by law, communicate to any person information as to the name or number on the register of any voter who has or has not voted at the place of voting.

(3) No person shall —
(a) interfere with a voter casting his or her vote, or by any other means obtain or
attempt to obtain in a polling unit, information as to the candidate for whom a voter in that place is about to vote for or has voted for; or
(b) communicate at any time to any other person information obtained in a polling unit as to the candidate to whom a voter is about to vote or has voted for.

(4) Any person acting contrary to the provisions of this section commits an offence and is liable on conviction to a maximum fine of N100,000 or imprisonment for a term of three months or both.

Section 123 Nigeria Electoral Act 2022

Wrongful voting and false statements

Any person who — Wrongful voting and false statements
(a) votes at an election or induces or procures any person to vote at an election,
knowing that he or she or such person is prohibited from voting at the election;
(b) before or during an election, publishes any statement of the withdrawal of a candidate at such election knowing it to be false or reckless as to its truth or falsity; or
(c) before or during an election publishes any statement as to the personal character or conduct of a candidate calculated to prejudice the chance of election of the candidate or to promote or procure the election of another candidate and such statement is false and was published without reasonable grounds for belief by the person publishing it that the statement is true, commits an offence and is liable on conviction to a maximum fine of HI 00,000 or imprisonment for a term of six months or both.

Section 124 Nigeria Electoral Act 2022

Voting by unregistered person

(1) Any person who knowingly votes or attempts to vote in a constituency in respect of which his or her name is not on the register of voters commits an offence and is liable on conviction to a maximum fine of Ml 00,000 or imprisonment for a term of six months or both.

(2) Any person who knowingly brings into a polling unit during an election a voter’s card issued to another person commits an offence and is liable on conviction to a fine of N 100,000 or imprisonment for a term of six months or both.

Section 125 Nigeria Electoral Act 2022

Disorderly conduct at elections

Any person who at an election acts or incites others to act in a disorderly manner commits an offence and is liable on conviction to a maximum fine of 14500,000 or imprisonment for a term of 12 months or both.

Section 126 Nigeria Electoral Act 2022

Offences on election day

(1) No person shall do any of the following acts or things in a polling unit or within a distance of 300 metres of a polling unit on the date on which an election is held —
(a) canvass for votes;
(b) solicit for the vote of any voter;
(c) persuade any voter not to vote for any particular candidate;
(d) persuade any voter not to vote at the election;
(e) shout slogans concerning the election;
(f) be in possession of any offensive weapon or wear any dress or have any facial or other decoration which in any event is calculated to intimidate voters;
(g) exhibit, wear or tender any notice, symbol, photograph or party card referring to the election;
(h) use any vehicle bearing the colour or symbol of a political party by any means whatsoever;
(i) loiter without lawfill excuse after voting or after being refused to vote;
(j) snatch or destroy any election materials; and
(k) blare siren.

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

(3) A person who contravenes any of the provisions of this section commits an offence and is liable on conviction to a fine of N100,000 or imprisonment for a term of six months for every such offence.

(4) Any person who snatches or destroys any election material or any election device, commits an offence and is liable on conviction to imprisonment for a term of 24 months.

Section 127 Nigeria Electoral Act 2022

Undue influence

A person who —
(a) corruptly by his or herself or by any other person at any time after the date of an election has been announced, directly or indirectly gives or provides or pays money to or for any person for the purpose of corruptly influencing that person or any other person to vote or refrain from voting at such election, or on account of such person or any other person having voted or refrained from voting at such election; or
(b) being a voter, corruptly accepts or takes money or any other inducement during any of the period stated in paragraph (a), commits an offence and is liable on conviction to a fine of N100,000 or imprisonment for a term of 12 months or both.

Section 128 Nigeria Electoral Act 2022

Threatening

A person who —
(a) directly or indirectly, by his or herself or by another person on his or her behalf, makes use of or threatens to make use of any force, violence or restrain;
(b) inflicts or threatens to inflict by his or herself or by any other person, any minor or serious injury, damage, harm or loss on or against a person in order to induce or compel that person to vote or refrain from voting, or on account of such person having voted or refrained from voting;
(c) by abduction, duress, or a fraudulent device or contrivance, impedes or prevents the free use of the vote by a voter or thereby compels, induces, or prevails on a voter to give or refrain from giving his vote; or
(d) prevents any political aspirant from free use of the media, designated vehicles, mobilisation of political support and campaign at an election, commits an offence and is liable on conviction to a fine of £41,000,000 or imprisonment for a term of three years.

Section 129 Nigeria Electoral Act 2022

Offences relating to recall

The offences referred to in this Act shall apply to recall of a member of a Legislative House and a member of an Area Council mutatis mutandis.

See also:

Section 114-121 Nigeria Electoral Act 2022