A few days ago, a friend approached me to clarify some issues touching on the guidelines on the forthcoming elections. In the course of discussing with him, I realised that he did not know the basic things about the entire electoral process. Thereafter, I sampled the opinion of others and I was surprised that they were also ignorant of the basic provisions of the Electoral Act, as amended. For instance, politicians and political parties often say things like: ‘Do not leave the polling units until results are declared to curtail any form of rigging or stealing of votes’ even with the presence of party representatives.
It should be known that every Nigerian citizen, who is 18 years and above and has a valid Permanent Voter Card (PVC), is eligible to vote. He/she is expected to check the voters’ register to ascertain that his/her names are written, correctly spelt and included on the list. In the course of voting, they should avoid wrong thumb-printing that could lead to many invalid ballot papers and void votes. As we prepare for the general elections on February 14 and 28, there is the need to remind ourselves of the salient sections of the Act, as follows:
Provision of Election Materials by INEC
43. (4) The Commission shall, before the commencement of voting in each election, provide all election materials for the conduct of such election at the Polling unit.
Hours of Poll
47. Voting in any particular election under this Act shall take place on the same day and time throughout the Federation.
Display of Ballot Boxes
48. (1) At the hour fixed for opening of the poll, before the commencement of voting, the Presiding Officer shall open the empty ballot box and show same to such persons as may lawfully be present at the Polling unit and shall then close and seal the box in such manner as to prevent its being opened by unauthorised person(s).
(2) The ballot box shall then be placed in full view of all present, and be so maintained until the close of poll.
Issuance of Ballot Papers
49. (1) Any person intending to vote with his voter’s card, shall present himself to a Presiding Officer at the Polling unit in the constituency in which his name is registered with his voter’s card.
(2) The Presiding Officer shall, on being satisfied that the name of the person is on the Register of Voters, issue him a ballot paper and indicate on the Register that the person has voted.
Right to Challenge
50. A candidate or a Polling Agent may challenge the right of a person to receive a ballot paper on such grounds and in accordance with such procedures as are provided for in this Act.
Separate Queues for Men and Women
51. The Presiding Officer shall separate the queue between men and women if in that area of the country, the culture is such that it does not permit the mingling of men and women in the same queue.
Over-voting
53.(1) No voter shall vote for more than one candidate or record more than one vote in favour of any candidate at anyone election.
(2) Where the votes cast at an election in any Polling unit exceed the number of registered voters in that Polling unit, the result of the election for that Polling unit shall be declared null and void by the Commission and another election may be conducted at a date to be fixed by the Commission where the result at that Polling unit may affect the overall result in the Constituency.
Personal Attendance
57. No voter shall record his vote otherwise than by personally attending at the Polling unit and recording his vote in the manner prescribed by the Commission. No person shall be permitted to vote at any Polling unit other than the one to which he is allotted.
(1) If at the time a person applies for a ballot paper and before he has left the Polling unit, a Polling agent, Polling unit official or security agent informs the Presiding Officer that he has reasonable cause to believe that the person is under the age of 18 years or has committed the offence of impersonation and gives an undertaking on a prescribed form to substantiate the charge in a court of law, the Presiding Officer may order a police officer to arrest that person and the Presiding Officer’s order shall be sufficient authority for the police officer so to act.
Closing of Poll
62(1) At the prescribed hour for the close of poll, the Presiding Officer shall declare the poll closed and no more person(s) shall be admitted into the Polling unit and only those already inside the Polling unit shall be allowed to vote.
(2) After the declaration of the close of polls, no voter already inside the Polling unit shall be permitted to remain in the polling unit unless otherwise authorized under this Act.
Bribery and Conspiracy
124. (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;
(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.
Requirement of Secrecy in Voting
125.(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 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 shall be liable upon conviction to a maximum fine of N100,000 or to imprisonment for 6 months or both.
Voting by Unregistered Persons
127.(1) Any person who knowingly votes or attempts to vote in a Constituency in respect of which his name is not on the register of 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 voters card issued to another person commits an offence and shall be liable on conviction to a fine of N100,000 or to imprisonment for 6 months or both.
Disorderly Conduct at Elections
128. Any person who at an election acts or incites others to act in a disorderly manner commits an offence and shall be liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both.
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 (my emphasis), or after being refused to vote.
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