Nigerians, especially politicians who engage in campaigns likely to undermine national interest, will spend 20 years in jail without an option of fine, according to a proposed Electoral Offences Commission bill
The bill has been passed by the Senate and is being considered by the House of Representatives.
It also provide for a 20-year jail term for anyone who propagates information that undermines Nigeria’s independence, sovereignty and territorial integrity, as well as causes people to vote on the basis of religion, tribe, language or regional consideration.
The bill is sponsored by the Chairman of the House Committee on Electoral Matters, Aishatu Dukku, Leader of the People’s Democratic Party (PDP) caucus in the House, Kingsley Chinds, John Dyegh and Francis Charles Uduyok.
The proposed law also seeks to imposes a jail term of 20 years or a fine of N40 million on those who destroy electoral materials such as ballot boxes, ballot papers and other materials used for the conduct of any election before, during or after the election.
Obstructing the counting of ballots after an election, singing, dancing or making loud noise three hours to the commencement of any election or during the election will now be an offence when the commission is established.
In addition, mass transportation of people outside family members to and from the venue of an election before, during and after any election and the renting or paying for the use of such means of transportation will also be considered as an offence under the law if it comes into effect.
The law makes it mandatory for employers to allow their staff enough time to go and cast their votes on election day, while specifying a N6 million fine punishment or three years in jail for those who disallow their staff from going to cast their votes.
It, however, exempts members of the Armed Forces, the Police, State Security Services, other security agencies and those considered to be on essential duties.
The bill says “No person shall propagate or cause to be propagated anything or information that (a) undermines or is capable of undermining the independence, sovereignty, territorial integrity, or unity of the Federation;(b) promotes or is capable of promoting feeling of enmity or hate on the basis of any religion, community, caste, tribe, language or territorial region; or (c) causes or is capable of causing people to vote on the basis of any religion, community, caste, tribe, language or territorial region.”
It provides further that “Any person who commits an act in contravention of subclause (1) of this clause shall be guilty of a serious electoral offence and liable, on conviction, to imprisonment for a term of at least twenty (20) years without an option of a fine.
“No candidate or agent of his or any other person shall grab, loot, damage or destroy in any manner ballot boxes or ballot papers or any other electoral document or material before, during or after an election, or take or attempt to take or cause to be taken ballot boxes or ballot papers or any other electoral document or material before, during or after an election without the permission of election official in charge of the election at a polling station or election official in charge of the electoral materials or abet to the commission of such act or cause obstruction of any kind in any manner to any other acts relating to an election.”
“Contravening the provision of this section attracts a sanction of at least 20 years in prison with an option of N40 million fine
“Any person who commits any act in contravention of subclause (1) of this clause shall be guilty of an electoral offence and liable, on conviction, to imprisonment for a term of at least Twenty (20) years or a fine of at least Forty Million Naira”
The law states further that “No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at any election, be made -(a) on account of the conveyance of voters to or from the poll, whether for the hiring of vehicles, vessels or animals of transport of any kind whatsoever, or for railway fares, or otherwise; or (b) to or with a voter on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or account of the exhibition of any address, bill or notice.
“Subject to such exception as may be allowed in pursuance of this Bill, If any payment or contract for payment is knowingly made in contravention of this clause either before, during, or after en election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, in contravention of this clause, shall also be guilty of an illegal practice.
“A person shall not let, lend, or employ for the purpose of conveyance of voters except
family members to and from the poll any vehicle, vessel or animal of transport of any
kind whatsoever which he keeps or uses for the purpose of letting out for hire, and if he lets, lends, or employs such vehicle, vessel or animal of transport knowing that it is intended to be used for the conveyance of voters to and from the poll he shall be guilty of an illegal practice.
“A person shall not hire, borrow, or use for the purpose of conveyance of voters except family members to and from the poll any vehicle, vessel or animal of transport of any kind whatsoever which he knows the owner thereof is prohibited by subclause (3) of this clause to let, lend, or employ for that purpose, and if he does so he shall be guilty of an illegal practice.
“Nothing in sub-clause (3) or (4) of this clause shall prevent a vehicle, vessel or animal of transport of any kind being let to, or hired, employed, or used by a voter or several voters at their joint cost for the purpose of being conveyed to or from the poll. Notwithstanding anything to the contrary in this clause
(a) where it is the ordinary business of a voter as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such voter, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this clause;
{b) where voters are unable at an election to reach their polling stations from their place of residence without crossing the sea or a branch or arm thereof or a fiver, means may be provided for conveying such voters to their polling stations, or to enable them to cross in order to reach their polling stations: PROVIDED that such means of conveyance shall be made available equally to alf such voters who wish to avail themselves thereof.
“A person who aids, abets, counsels or procures the commission of, commits or attempts to commit any illegal practice under this clause shall be liable, on conviction, to imprisonment for a term of at least fifteen (15) years.
“Every employer shall, on polling day, allow to every voter in his employ a reasonable period for voting, and no employer shall make any deduction from the pay or other remuneration of any such voter or impose upon or exact from him any penalty by reason of his absence during such period,
“Any employer who, directly or indirectly, refuses or by intimidation, undue influence, or in any other manner, interferes with the granting to any voter in his employ, of a reasonable period for voting, as provided in this clause, shall be guilty of an offence and liable, on conviction, to a fine of at least Six Million Naira (N6,000,000) or to imprisonment for a term of least three (3) years, or both.”
