Section 117-132 of the Nigerian Electoral Act 2010

Section 117-132 of the Nigerian Electoral Act 2010

Section 117 to132 of the Nigerian Electoral Act 2010 is under PART VII (ELECTORAL OFFENCES) of the Act.

Section 117 of the Electoral Act 2010

Offences in relation to registration, etc.

(1) A person who-
(a) without authority, destroys, mutilates, defaces orremoves
or makes any alteration in any notice or
document required for the purpose of registration
under this Act;
(b) knowingly gives false information or makes a false
statement with reference to any application for
registration of his name or with reference to any
objection to the retention of the name of a person in
the register of voters;
(c) presents himself to be or does any act whereby he is
by whatever name or description howsoever, included
in the register of voters for a constituency in which he
is not entitled to be registered or causes himself to be
registered in more than one registration or revision
centre;

(d) publishes any statement or report which he knows to
be false or does not believe to be true so as to prevent
persons who are qualified to register from registering
as voters;
(e) makes in any record, register or document which he
is required to prepare, publish or keep for the purpose
of registration, any entry or statement which he
knows to be false or does not believe to be true;
(f) impedes or obstructs a registration officer or a
revision officer in the performance of his duties;

(g) without proper authority, wears the identification of a
registration officer or assistant registration officer or
wears any other identification purporting to be the
identification of a registration officer or assistant
registration officer;
(h) forges a registration card; or
(i) carries out registration or revision of voters at a centre
or place not designated by the Commission; commits
an offence and liable on conviction to a maximum fine
of Nl,000,000 or to 12 months imprisonment or to
both.

Section 118 of the Electoral Act 2010

Offences in respect of nomination, etc.

(1) A person who-
(a) forges any nomination paper or result form;
(b) willfully defaces or destroys any nomination paper or
result form;
(c) delivers to an electoral officer any nomination paper
or result form knowing it to be forged;
(d) signs a nomination paper or result form as a
candidate in more than one constituency at the same
election;
(e) forges any ballot paper or official mark on any ballot
paper or any certificate of return or result form;
(f) willfully destroys any ballot paper or official mark on
any ballot paper or any certificate of return or result
form;
(g) without authority gives a ballot paper or result form
to any person;
(h) willfully places in any ballot box any unauthorized
paper or result form;
(i) willfully removes from a polling station any ballot
paper or result form whether or not the ballot paper
or result form was issued to him in that polling
station;
(j) without authority destroys or in any other manner
interferes with a ballot box or its contents or any
ballot paper or result form then in use or likely to be
used for the purpose of an election;
(k) signs a nomination paper consenting to be a
candidate at an election knowing that he is ineligible
to be a candidate at that election, commits an
offence.

(2) A person who commits an offence under subsection
(1) of this section is liable on conviction to a maximum
term of imprisonment for 2 years.

(3) A person who-
(a) without proper authority prints a ballot paper or what
purports to be or is capable of being used as a ballot
paper or result form at an election;
(b) being authorized by the Commission to print ballot
papers or result form prints more than the number or
quantity the Commission authorized;
(c) without authority, is found in possession of a ballot
paper or result form when he is not in the process of
voting and at a time when the election for which the
ballot paper or result form is intended is not yet
completed;
(d) manufactures, constructs, imports into Nigeria, has in
his possession, supplies to any election official or uses
for the purpose of an election, or causes to be
manufactured, constructed or imported into Nigeria,
supplies to any election official for use for the purpose
of any election, any ballot box including any
compartment, appliance, device or mechanism or by
which a ballot paper or result form mayor could be
secretly placed or stored in, or having been deposited
during polling may be secretly diverted, misplaced or
manipulated, commits an offence.

(4) A person who commits an offence under subsection
(3) of this section is liable on conviction to a maximum
fine of N50,000,000 or for a term of imprisonment of
not less than 10 years or to both.
(5) An attempt to commit any offence under this section
shall be punishable in the same manner as the offence
itself.

Section 119 of the Electoral Act 2010

Disorderly behavior at political meetings

Any person who, at a political meeting held after the
date for an election has been announced-
(a) acts or incites another to act in a disorderly manner
for the purpose of preventing the transaction of the
business for which the meeting was convened; or
(b) has in his possession an offensive weapon or missiles;
commits an offence and liable on conviction to a
maximum fine ofN500,000 or imprisonment for 12
months or both.

Section 120 of the Electoral Act 2010

Improper use of voters’ cards

(1) Any person who-
(a) being entitled to a voter’s card, gives it to some other
person for use at an election other than an officer
appointed and acting in the course of his duty under
this Act.;
(b) not being an officer acting in the course of his duty
under this Act, receives any voters card in the name
of some other person or persons for use at an election
uses it fraudulently;
(c) without lawful excuse has in his possession more than
one Voter’s Card; or
(d) buys, sells, procures or deals, with a voters card
otherwise than as provided in this Act; commits an
offence and is liable on conviction to a maximum fine
of Nl,000,000 or imprisonment for 12 months or both.

Section 121 of the Electoral Act 2010

Improper use of vehicles

(1) 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.

(2) Any person who contravenes the provisions of
subsection (1) of this section commits an offence and
is liable on conviction to a maximum fine of N 500,000
or to imprisonment for six months or to both.

Section 122 of the Electoral Act 2010

Impersonation and voting when not qualified

(1) Any person who-
(a) applies to be included in any list of voters in the name
of some other person, whether such name is that of a
person living or dead or of a fictitious person;
(b) having once to his knowledge been properly included
in a list of voters under this Act as a voter entitled to
vote at any election, applies, except as authorized by
this Act, to be included in any other list of voters
prepared for any Constituency as a voter at an
election;
(c) applies for a Ballot Paper in the name of some other
person, whether such name is that of a person living
or dead or of a fictitious person;
(d) having voted once at an election applies at the same
election for another ballot paper;
(e) votes or attempts to vote at an election knowing that
he is not qualified to vote at the election; or
(f) induces or procures any other person to vote at an
election knowing that such other person is not
qualified to vote at the election,
commits an offence and is liable on conviction to a
maximum fine of N500,000 or 12 months
imprisonment or both.

(2) Any person who impersonates or who aids, abets,
counsels or procures the commission of that offence,
commits an offence and is liable on conviction to a
maximum fine of N500,000 or imprisonment for 12
months or both.

(3) No person charged with the offence of impersonation
shall be convicted except on the evidence of at least
two witnesses.

Section 123 of the Electoral Act 2010

Dereliction of duty

(1) Any officer appointed for the purposes of this Act,
who without Dereliction of duty lawful excuse commits
any act or omits to act in breach of his official duty
commits an offence and is liable on conviction to a
maximum fine of N500, 000 or to imprisonment for 12
months or both.
(2) Any Polling Officer who fails to report promptly at his
polling unit on an election day without lawful excuse
commits an offence of dereliction of duty and is liable
on conviction to a maximum fine of N500,000 or 12
months imprisonment or both.

(3) Any polling officer who fails to discharge his lawful
duties at his polling unit without lawful excuse
commits an offence of dereliction of duties and is
liable on conviction to a maximum fine of N500,000
or 12 months imprisonment or both.

(4) Any person who announces or publishes an election
result knowing same to be false Or which is at
variance with the signed certificate of return commits
an offence and is liable on conviction to 36 months
imprisonment.

(5) Any Returning Officer or Collation Officer who delivers
or causes to be delivered a false certificate of return
knowing same to be false, commits an offence and is
liable on conviction to a maximum imprisonment for 3
years without an option of fine.
(6) Any person who delivers or causes to be delivered a
false certificate of return knowing same to be false to
any news media commits an offence and is liable on
conviction to imprisonment for 3 years.

Section 124 of the Electoral Act 2010

Bribery and conspiracy

(1) Any person who does any of the following-
(a) directly or indirectly, by himself or by any other
person on his behalf, gives, lends or agrees to give or
lend, or offers any money or valuable consideration;
(b) directly or indirectly, by himself or by any other
person on his behalf, corruptly makes any gift, loan,
offer, promise, procurement or agreement to or for
any person, in order to induce such person to procure
or to endeavour to procure the return of any person
as a member of a legislative house or to an elective
office or the vote of any voter at any election;
(c) upon or in consequence of any gift, loan, offer,
promise, procurement or agreement corruptly
procures, or engages or promises or endeavours to
procure, the return of any person as a member of a
legislative house or to
an elective office or the vote of any voter at any
election;
(d) advances or pays or causes to be paid any money to
or for the use of any other person, with the intent that
such money or any part thereof shall be expended in
bribery at any election, or who knowingly pays or
causes to be paid any money to any person in
discharge or repayment of any money wholly or in
part expended in bribery at any election;
(e) after any election directly, or indirectly, by himself, or
by any other person on his behalf receives any money
or valuable consideration on account of any person
having voted or refrained from voting, or having
induced any other person to vote or refrain from
voting or having induced any candidate to refrain from
canvassing for votes for himself at any such election,
commits an offence and is liable on conviction to a
maximum fine of N500, 000 or 12 months
imprisonment or both.

(2) A voter commits an offence of bribery where before or
during an election directly or indirectly himself or by
any other person on his behalf, receives, agrees or
contracts for any money, gift, loan, or valuable
consideration, office, place or employment, for
himself, or for any other person, for voting or agreeing
to vote or for refraining or agreeing to refrain from
voting at any such election.

(3) Nothing in this section shall extend or apply to money
paid or agreed to be paid for or on account of any
lawful expenses bona fide incurred at or concerning
any election.

(4) Any person who commits the offence of bribery is
liable on conviction to a maximum fine of N500,000 or
imprisonment for 12 months or both.
(5) Any person who conspires, aids or abets any other
person to commit any of the offences under this part
of this Act shall be guilty of the same offence and
punishment thereto.

(6) For the purposes of this Act, a candidate shall be
deemed to have committed an offence if it was
committed with his knowledge and consent or the
knowledge and consent of a person who is acting
under the general or special authority of the candidate
with reference to the election.

Section 125 of the Electoral Act 2010

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 authorized
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 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 to imprisonment
for a term of 6 months or both.

Section 126 of the Electoral Act 2010

Wrongful voting and false statements

(1) Any person who-
(a) votes at an election or induces or procures any person
to vote at an election, knowing that he or such person
is prohibited from voting thereat; or
(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 N100,000 or imprisonment for a
term of 6 months or both.

Section 127 of the Electoral Act 2010

Voting by unregistered person

(1) Any person who knowingly votes or attempts to
vote in a Voting by unregistered constituency in
respect of which his name is not on the register of
person voters commits an offence and is liable on
conviction to
a maximum fine of N100,000 or to imprisonment for
a term of 6 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 NI00,000 or to imprisonment for a term of
6 months or both.

Section 128 of the Electoral Act 2010

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 ofN500,000
or imprisonment for a term of 12 months or both.

Section 129 of the Electoral Act 2010

Offences on election day

(1) No person shall on the date on which an election
is held do any of the following acts or things in a polling
unit or within a distance of 300 metres of a polling unit-
(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 lawful 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;
(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 NI00,000 or imprisonment for a term of 6
months for every such offence.
(4) Any person who snatches or destroys any election
material commits an offence and is liable on
conviction to 24 months imprisonment.

Section 130 of the Electoral Act 2010

Under influence

A person who-
(a) corruptly by himself 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) of this section, commits an offence
and is liable on conviction to a fine of NI00,000 or
imprisonment for a term of 12 months or both.

Section 131 of the Electoral Act 2010

Threatening

(1) A person who-
a) directly or indirectly, by himself or by another person
on his behalf, makes use of or threatens to make use
of any force, violence or restrain;
(b) inflicts or threatens to inflict by himself 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; or

(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,
(d) by preventing any political aspirants from free use of
the media, designated vehicles, mobilization of
political support and campaign at an election,
commits an offence and is liable on conviction to a fine
ofN1,000,000 or imprisonment for a term of 3 years.

Section 132 of the Electoral Act 2010

Offences relating to recall

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


Credit: https://www.lawyard.ng/wp-content/uploads/2020/04/ELECTORAL-ACT-2010-2.pdf

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