The Senate has passed a bill that seeks to establish an Electoral Offences Commission.
If signed into law, the legislation will empower the commission to investigate electoral offences, prosecute electoral offenders and maintain records of all persons investigated and prosecuted.
The bill also proscribes a 20-year jail term or N40 million fine for anyone (be it candidate or agent) found guilty of snatching ballot boxes or election materials during and after elections.
The legislation was passed following the presentation and consideration of the report of the Senate Committee on Independent National Electoral Commission (INEC).
Kabiru Gaya, the Chairman of the committee, in his presentation, said the bill became necessary due to INEC’s inability to prosecute electoral offenders in accordance with the provisions of a section 149 and 150(2) of the Electoral Act (as Amended).
He said, “By the foregoing statistics, it is unrealistic to expect INEC to conduct free, fair and credible election and simultaneously prosecute offences arising from the same elections.
“Indeed, INEC has at several occasions admitted that it lacks the wherewithal to cleanse the system. Its failure to prosecute even one per cent 870,000 and over 900,000 alleged electoral Offences in 2011 and 2015 general elections respectively is an affirmation of the necessity for a paradigm shift on how we deal with electoral offences.”
The Senate also approved 10 years imprisonment for any person who sells a voter’s card, or in possession of any voter’s card bearing the name of another person, or prepares and prints a document or paper purporting to be a register of voters or a voter’s card.
Some items on the bill include;
* A term of at least 10 years upon conviction for any election official who willfully prevents any person from voting at the polling station, willfully rejects or refuses to count any ballot paper validly cast, willfully counts any ballot paper not validly cast, gives false evidence or withholds evidence, and announces or declares a false result at an election.
* At least 15 years imprisonment for any judicial officer or officer of a court or tribunal who corruptly perverts electoral justice, during or after an election.
*At least 15 years jail term or N30 million naira fine for any security personnel or election official engaged by the Independent National Electoral Commission or State Electoral Commission who attempts to influence the outcome of an election.
* In addition, any person found to disturb the public peace on Election Day by playing musical instruments, singing or holding an assembly where a polling station is located shall be guilty of breaching electoral peace and liable to six months imprisonment or a fine of at least N100,000 or both.
* Also, any person acting for himself or on behalf of any organisation or political party or candidate or his agent with the intention of prejudicing the result of an election, damage or defame, in any manner, the character of any candidate in an election or his family member by making, saying, printing, airing or publishing in the print or electronic media false accusation on any matter shall be guilty of serious corrupt practice and liable on conviction to a term of at least ten years or a fine of ten million naira or both.
* Any person soliciting or giving votes for or against any political party or candidate at an election, or found to affix campaign materials on any private house, public buildings or structures, or prints posters and banners without the name and address of the political party to which the candidate or person belongs contravenes sub-clause (1) to (5) and guilty of an offence and liable to at least five years or a fine of at least ten million naira, or both.
