Senate okays electoral offences commission, 20-yr jail for offenders
Nigerian Senate.

The Senate on Tuesday passed a Bill seeking to establish the Electoral Offences Commission.

The move was sequel to the consideration of a report by the Kabiru Gaya-led Committee on Independent National Electoral Commission (INEC).

In his presentation, Gaya said the Bill became imperative in view of the electoral umpire’s inability to prosecute electoral offenders in accordance with Sections 149 and 150(2) of the Electoral Act (as Amended).

He said, “It is unrealistic to expect INEC to conduct free, fair and credible election and simultaneously prosecute offences arising from the same elections.”

The Senate during consideration of the INEC Committee report approved the establishment of the National Electoral Offences Commission.

The Commission’s membership consists of the Chairman, Secretary and representatives from the Justice, Interior, Defence, and Information Ministries.

What the electoral offences commission Bill stipulates

The passage makes snatching of ballot boxes an electoral offence that attracts a 20 year jail term or a N40m fine. 

It also prescribed at least 10 years imprisonment or at least N20m fine or both against any person who uses hate speech to stir up ethnic, religious or racial hatred, social or political insecurity or violence against anyone or group of persons during electioneering.

The Red Chamber further prescribed three years’ imprisonment for any employee who directly or indirectly exerts undue influence on a voter in his employment.

The Senate also approved at least 15 years imprisonment for any person who influenced voters.

The legislation also gave the nod to prohibit any campaign against national interest.

It provided a 20 year-jail term without option of fine for any person who propagated information that undermines the independence, sovereignty, territorial integrity, or unity of the federation.

The Senate also gave its nod to a term of at least 10 years upon conviction for any election official who prevented any person from voting at the polling station, rejected or refused to count any ballot paper validly cast.

The upper chamber in Clause 20(2) approved 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.

It also gave at least 15 years jail term or N30m fine for any security personnel or election official engaged by the Independent National Electoral Commission or State Electoral Commission who attempted to influence the outcome of an election.

The Bill also prescribed punishment against anybody who defame the character of any candidate in an election or his family members.

 
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