Reps: National Electoral Offences Commission bill passes second reading

The bill seeking to establish the National Electoral Offences Commission has scaled through Second Reading on the floor of the House of Representatives.

The private member legislation was passed during last Thursday’s plenary, was sponsored by Chairman, House Committee on Electoral Matters, Hon. Adebayo Balogun.

The Commission, which is expected to have its national headquarters situated in the Federal Capital Territory; is to establish offices in all the states of the Federation including the Federal Capital Territory (FCT).

The functions of the Commission as proposed in Clause 5 of the bill, include: investigate all offences created in the Electoral Act and any law relating to elections in Nigeria; adopt measures to identify, trace and prosecute political thuggery, electoral violence, electoral fraud, political terrorism and related electoral offences; monitor and track political parties campaign finance and expenditure at all levels; and inform the electoral entities of any change in practices, systems or procedures compatible with the effective discharge of the duties of electoral entities as the Commission deems fit to reduce the likelihood or incidence of electoral fraud and related offences.

The Commission is also mandated to prosecute electoral offenders under this Bill; maintain electoral offenders register and keep records of all persons investigated and prosecuted by the Commission; liaise with other bodies within or outside Nigeria involved in the investigation or prosecution of electoral offences; adopt measures including coordination, preventive and regulatory actions, introduction of investigative and control techniques, to prevent and eradicate curb electoral malpractices; facilitate rapid exchange of scientific and technical matters and conduct joint operation to adopt measures to prevent, minimise and eradicate curb electoral offences throughout the Federation; inform and educate the public on matters related to electoral and related offences; carry out such other activities necessary or expedient for performance of its functions under this Bill.

Clause 6 of the proposed legislation, stipulates that the “Commission shall have power to investigate, arrest and prosecute any person, corporate body or organisation alleged to have committed an offence under this Bill, the Electoral Act or any other law relating to elections in force in the Federation, and alleged to have corruptly perverted or undermined the course of electoral justice; and adopt measures to prevent, minimise and eradicate the commission of electoral offences throughout the Federation.

“(2) For the purpose of carrying out or enforcing the provisions of this Bill, officers of the Commission involved in the enforcement of the provisions of this Bill shall have the same powers, authorities and privileges, including power to search persons or premises, effect arrest on any person and bear arms, as are given by law to members of the Nigeria Police Force.”

Meanwhile, Clause 7 of the bill provides that: “A person who, being a member of a political party, misrepresents himself by not disclosing his membership, affiliation, or connection to a political party in order to secure an appointment with the Commission in any capacity, commits an offence and is liable on conviction to a fine of N5,000,000 or imprisonment for a term not more than two years or both.

Clause 8 which focuses on Special Programmes, empowers the Commission to initiate, develop and implement specific training programmes for its law enforcement and other personnel charged with the eradication of electoral offences and such programmes shall include: methods used in the detection of electoral offences; techniques used by persons involved in electoral offences and appropriate counter measures; collection of evidence; law enforcement techniques; legal prosecution and defence; and dissemination of information on electoral offences and good electoral conduct.

9. Committees of the Commission

The Commission may appoint committees to perform any of its functions under this Bill.

Clause 10 which empowers the Commission to establish.Departments and Units, “shall be responsible for
(a) the prevention and detection of electoral offences; the arrest and apprehension of perpetrators of electoral offences; dealing with matters connected with mutual international assistance in criminal matters involving electoral offences; prosecuting persons accused of committing electoral offences, electoral corruption, violation of electoral due process and perversion of electoral justice; and performing such other legal duties as the Commission may refer to it from time to time.

As encapsulated in Part IV of the proposed bill, Clause 11 stated that: “Offences arising from violating existing laws “A person who violates or acts in breach of the provisions of the Electoral Act or any other law regarding elections in force in the Federation commits an offence and is liable on conviction to the sanction prescribed in the relevant law.

“An officer or executive of an association or political party, as the case may be, that contravenes the provisions of sections 221, 225(1), (2), (3) and (4) and 227 of the Constitution, commits an offence and is liable on conviction to a fine not exceeding N5,000,000 or imprisonment for a term not exceeding five years.”

Clause 12 which stipulates Offences by any person, indicated that: “A person who knowingly makes any false statement on or in connection with any application to be placed on the National Register of Voters kept by the Independent National Electoral Commission; forges or fraudulently destroys any document for the purpose of nomination for an elective office, or delivers to the Independent National Electoral Commission or a State Electoral Commission any document for the purpose of nomination for an elective office knowing it to be forged; forges or fraudulently destroys any electoral document or the official perforation, stamp or mark on any electoral document issued by the Independent National Electoral Commission or a State Electoral Commission; without due authority supplies any electoral document issued by the Independent National Electoral Commission or a State Electoral Commission to any person; sells or offers to sell any electoral document issued by the Independent National Electoral Commission or a State Electoral Commission to any person or purchases or offers to purchase any electoral document from any person; not being a person entitled to be in possession of any electoral document which has been marked with any official perforation, stamp or mark of the Independent National Electoral Commission or a State Electoral Commission has any such electoral document in his possession; puts into any ballot box approved by the Independent National Electoral Commission or a State Electoral Commission anything other than the ballot paper which he is authorized by law to put into the ballot box; without due authority takes out of a polling station any electoral document, or is found in possession of any electoral document outside a polling station; without due authority destroys, takes, opens or otherwise interferes with any ballot box, ballot paper or packet of ballot papers or electoral documents in use or intended to be used for the purpose of an election; without due authority prints any electoral document or ballot paper or what purports to be or is capable of being used as an electoral document or ballot paper at an election; for the purpose of an election, manufactures, constructs, imports, has in his possession, supplies or uses, or causes to be manufactured, constructed, imported, supplied or used, any appliance, device or mechanism by which a ballot paper or results of elections may be extracted, affected or manipulated after having been deposited in a ballot box during the polling at any election; not being authorised to do so under the provisions of this Bill, makes any mark on any ballot paper issued to any person other than to himself; or votes at any election when he is not entitled to vote, commits an offence and is liable on conviction a fine not exceeding N3,000,000 or imprisonment for a term not exceeding five years.”

Clause 13 which stipulates Offences relating to register of voters and voters cards, stated that: “A person who (a) without due authority makes, prepares or prints a document or paper purporting to be a register of voters or a voters card; (b) without due authority makes, prepares or prints any electoral document or purporting to be an electoral document; not being a person authorised to be in possession of any voters card bearing the name of another person or which has not been written in the name of any person, has such voters card in his possession; without due authority supplies a voters card to any person; without due authority destroys, damages, defaces or makes any alteration on a voters card; (f) sells or offers to sell any voters card to any person or purchases or offers to purchase any voters card from any person; or (g) aids, abets, counsels or procures the commission of or attempts to commit any of the offences referred to in paragraphs (a) to (f), commits an offence and is liable on conviction to in the case of an offence under paragraphs (a) to (f), imprisonment for a term not exceeding five years, and in the case of an offence under paragraph (g), to imprisonment for a term not exceeding three years.”

Clause 14 which provides for the Offences by Election Officials, States that: “A person having any duty to perform pursuant to any written law relating to any election who (a) makes, in any record, return or other document which he is required to keep or make under such written law, any entry which he knows or has reasonable cause to believe to be false, or does not believe to be true; (b) permits any person whom he knows or has reasonable cause to believe not to be a blind or an incapacitated person to vote in the manner provided for blind visually impaired or incapacitated persons, as the case may be; (c) refuses to permit any person whom he knows or has reasonable cause to believe to be a blind or an incapacitated person to vote in the manner provided for blind or incapacitated persons, as the case may be; (d) willfully prevents any person from voting at the polling station at which he knows or has reasonable cause to believe such person is entitled to vote; (e) willfully rejects or refuses to count any ballot paper which he knows or has reasonable cause to believe is validly cast for any candidate in accordance with the provisions of the law; (f) willfully counts any ballot paper as being cast for any candidate, which he knows or has reasonable cause to believe was not validly cast for such candidate; (g) gives false evidence or withholds evidence at the trial of an election petition for the purpose of perverting the course of justice; (h) announces or declares a false result or a result which is false or he ought to know is false at an election; or (i) is without reasonable cause guilty of any act or omission in breach of his official duty, commits an offence and is liable on conviction to imprisonment for a term not exceeding five years.”

Clause 15 which focused on Impersonation, provides that: “(1) A person who at an election applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person or who, having voted once at any such election, applies at the same election for a ballot paper in his own name, commits the offence of impersonation and is liable on conviction to imprisonment for a term not more than one year. (2) For the purpose of this clause, a person who has applied for a ballot paper for the purpose of voting in person shall be deemed to have voted.”

Clause 16 of the bill which focused on ‘Undue Influence’, provides that: “A person commits the offence of undue influence who directly or indirectly, by himself or by any other person acting on his behalf, makes use of or threatens any force, violence or restraint, or any temporal or spiritual injury, damage or loss, or any fraudulent device, trick or deception, or social boycott, calamity of any kind, fear or promise, or by boast, coercion, blackmail or intimidation for the purpose of or on account of (a) inducing or compelling a person to give or refrain from giving his vote, whether to a particular candidate or not, at an election; otherwise impeding or preventing the free exercise of the franchise of a voter; (c) inducing or compelling a person to refrain from becoming a candidate or to withdraw if he has become a candidate; or (d) impeding or preventing a person from being nominated as a candidate for an election or from being registered as a voter, and is liable on conviction to a fine not exceeding N5,000,000 or imprisonment for a term not exceeding three years.”

Clause 17 of the bill which focused on ‘Bribery’, provides that: “A person commits the offence of bribery who (a) directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter or to or for any other person, in order to induce any voter to give or refrain from giving his vote, whether to a particular candidate or not, or does any such act as aforesaid on account of such voter having given or refrained from giving his vote at any election, whether to a particular candidate or not; (b) directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavor to procure, any office, place or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to give or refrain from giving his vote, whether to a particular candidate or not, or does any such act as aforesaid on account of any voter having so given or refrained from giving his vote at any election; (c) directly or indirectly by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement, or agreement as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the election of any person, or the vote of any voter at any election; (d) upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures or engages, promises or endeavours to procure, the election of any person, or the vote of any voter at an election;

“(e) advances or pays or causes to be paid any money to, or to 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 such election; (f) being a voter, before or during any election directly or indirectly, by 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 giving or agreeing to give or for refraining or agreeing to refrain from giving his vote, whether to a particular candidate or not, at any such election; (g) 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 given or refrained from giving or having induced any other person to give or to refrain from giving, his vote, whether to a particular candidate or not, at any such election; (h) directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate at an election, or on account of and as payment for his having assisted or agreed to assist any candidate at an election, applies to such candidate, or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment; or (i) directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he has become a candidate, gives or procures any office, place or employment, or agrees to give or procure or offers or promises to procure or to endeavor to procure any office, place or employment, to or for such other person, or gives or lends, or agrees to give or lend, or offers, or promises to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person, and is liable on conviction to a fine not exceeding N5,000,000 or imprisonment for a term not exceeding three years.”

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