Section 91-97 Nigeria Electoral Act 2022

Section 91-97 Nigerian Electoral Act 2022

Section 91, 92, 93, 94, 95, 96, 97 of the Nigerian Electoral Act 2022, among others, are under Part V of the Act. Part V is titled POLITICAL PARTIES.

Section 91 Nigeria Electoral Act 2022

Conduct at political rallies, and processions

(1) The Commissioner of Police in each State of the Federation and the Federal Capital Territory, Abuja, shall provide adequate security for proper and peaceful conduct of political rallies and processions in their respective jurisdictions and, for this purpose, the Police may be supported by the Nigerian Security and Civil Defence Corps and any other security agency of the Federal Government.

(2) For the purpose of subsection (1), a person shall be deemed to be acting in pursuance of a lawful duty if he is acting in his capacity as a police officer or as a member of a security agency authorised to carry arms and is specifically posted to be present at that political rally or procession.

(3) Notwithstanding any provision in the Police Act, the Public Order Act and any regulation made thereunder or any other law to the contrary, the role of the Nigerian Police Force and the Nigerian Security and Civil Defence Corps and any other security agency of the Federal Government in political rallies, processions and meetings shall be limited to the provision of adequate security as provided in subsection (1).

See also  Section 114-121 Nigeria Electoral Act 2022

(4) No registered political party in Nigeria, its aspirants or candidate shall be prevented from holding rallies, processions or meetings at any time for their constitutional political purposes, and the Police shall in a consultative manner, resolve any conflict of time and venue between and amongst parties where such arises.

Section 92 Nigeria Electoral Act 2022

Prohibition of certain conduct at political campaigns

(1) A political campaign or slogan shall not be tainted with abusive language directly or indirectly likely to injure religious, ethnic, tribal or sectional feelings.

(2) Abusive, intemperate, slanderous or base language or insinuations or innuendoes
designed or likely to provoke violent reaction or emotions shall not be employed or used in political campaigns.

(3) Places designated for religious worship, police stations, and public offices shall not be used –
(a) for political campaigns, rallies and processions; or
(b) to promote, propagate or attack political parties, candidates or their programmes or ideologies.

(4) Masquerades shall not be employed or used by any political party, aspirant or candidate during political campaigns or for any other political purpose.

(5) A political party, aspirant or candidate of a political party shall not retain, organise, train or equip any person or group of persons for the purpose of enabling them to be employed for the use or display of physical force or coercion in promoting any political objective or interest, or in such manner as to arouse reasonable apprehension that they are organised, trained or equipped for that purpose.

(6) A political party, aspirant or candidate shall not keep or use armed private security organisation, vanguard or any other group or individual by whatever name called for the purpose of providing security, assisting or aiding the political party or candidate in whatever manner during campaigns, rallies, processions or elections.

(7) A political party, aspirant or candidate that contravenes any of the provisions of this section commits an offence and is liable on conviction –
(a) in the case of an aspirant or candidate, to a maximum fine of N 1,000,000 or imprisonment for a term of 12 months; and
(b) in the case of a political party, to a fine of N2,000,000 in the first instance, and N 1,000,000 for any subsequent offence.

(8) A person or group of persons who aids or abets a political party, an aspirant or a candidate in contravening the provisions of subsection (5), commits an offence and is liable on conviction to a fine of N500,000 or imprisonment for a term of three years or both.

See also  Section 152-153 Nigeria Electoral Act 2022

Section 93 Nigeria Electoral Act 2022

Prohibition of use of force or violence during political campaign

(1) A party, candidate, aspirant, or person or group of persons shall not directly or indirectly threaten any person with the use of force or violence during any political campaign in order to compel that person or any other person to support or refrain
from supporting a political party or candidate.

(2) A political party, candidate, aspirant, person or group of persons that contravenes the provisions of this section commits an offence and is liable on conviction –
(a) in the case of a candidate, aspirant, or person or group of persons, to a maximum fine of Nl,000,000 or imprisonment for a term of 12 months; and
(b) in the case of a political party, to a fine of N2,000,000 in the first instance, and N5 00,000 for any subsequent offence.

Section 94 Nigeria Electoral Act 2022

Limitation on political broadcast and campaign by political parties

(1) For the purpose of this Act, the period of campaigning in public by every political
party shall commence 150 days before polling day and end 24 hours prior to that
day.

(2) A registered political party which through any person acting on its behalf during the 24 hours before polling day –
(a) advertises on the facilities of any broadcasting undertaking; or
(b) procures for publication or acquiesces in the publication of an advertisement
in a newspaper, for the purpose of promoting or opposing a particular candidate, commits an offence under this Act and is liable on conviction to a maximum fine of N500,000.

Section 95 Nigeria Electoral Act 2022

Campaign for election

(1) A candidate and his or her party shall campaign for the elections in accordance with such rules and regulations as may be determined by the Commission.

(2) State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election.

(3) Media time shall be allocated equally among the political parties or candidates at
similar hours of the day.

(4) At any public electronic media, equal airtime shall be allotted to all political parties or candidates during prime times at similar hours each day, subject to the payment of appropriate fees.

See also  Section 106-113 Nigeria Electoral Act 2022

(5) At any public print media, equal coverage and visibility shall be allotted to all political parties.

(6) A person who contravenes subsections (3) and (4) commits an offence and is liable on conviction, in the case of-
(a) a public media, to a fine of N2,000,000 in the first instance and N5,000,000
for subsequent conviction; and
(b) principal officers and other officers of the media house, to a fine of N1,000,000 or imprisonment for a term of six months.

Section 96 Nigeria Electoral Act 2022

Prohibition of broadcast 24 hours preceding or on polling day

(1) A person, print or electronic medium that broadcasts, publishes, advertises or circulates any material for the purpose of promoting or opposing a particular political party or the election of a particular candidate over the radio, television, newspaper, magazine, handbills, or any print or electronic media whatsoever called within twenty four hours immediately preceding or on polling day commits an
offence under this Act.

(2) Where an offence under subsection (1) is committed by a body corporate, the
principal officers of that body shall be deemed to have equally committed the same offence.

(3) A person convicted of an offence under this section is liable –
(a) in the case of a body corporate to a maximum fine of Nl,000,000; and
(b) in the case of an individual to a maximum fine of Nl,000,000 or to
imprisonment for a term of six months or both.

Section 97 Nigeria Electoral Act 2022

Campaign based on religion or tribe

(1) A candidate, person or association that engages in campaigning or broadcasting based on religious, tribal, or sectional reason for the purpose of promoting or opposing a particular political party or the election of a particular candidate, commits an offence under this Act and is liable on conviction –
(a) to a maximum fine of Nl,000,000 or imprisonment for a term of 12 months
or both; and
(b) in the case of a political party, to a maximum fine of N10,000,000.


See also:

Section 85-90 Nigeria Electoral Act 2022

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Inioluwa Olaposi

Hi. I am Inioluwa Olaposi, a legal-tech enthusiast interested in human development. I tweet sometimes.

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