As politicians and their political parties gear up for electioneering campaigns towards the 2023 general elections, a massive enlightenment of the governing rules for electioneering campaigns, under the Electoral Act 2022(the Act) becomes imperative. This piece of compilation seeks to succinctly achieve that aim with the following answered subheads:
Whereas the Act enjoins the Commissioner of Police in each State of the Federation and the Federal Capital Territory, Abuja, to provide adequate security for proper and peaceful conduct of political rallies and processions in their respective jurisdictions (for which purpose, the Police may be supported by the Nigerian Security and Civil Defence Corps and any other security agency of the Federal Government),the law expressly states that no registered political party in Nigeria, its aspirants or candidate shall be prevented from holding rallies, processions or meetings at any time for their constitutional political purposes, and the Police shall in a consultative manner, resolve any conflict of time and venue between and amongst parties where such arises.
Refer: Section 91 of the Electoral Act 2022.
The above provision resonates with Section 40 of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 . See also Abubakar Vs. A. G. Federation (2007) 3 NWLR (1022) 601 @ 638 B – G.
What Are The Consequences Of Engaging In Prohibited Conducts?
The consequences for breach of the above provisions are as explicit as the provisions itself:
A political party, aspirant or candidate who contravenes any of the provisions above commits an offence and is liable on conviction
(a) in the case of an aspirant or candidate, to a maximum fine of N1,000,000 or imprisonment for a term of 12 months; and
(b) in the case of a political party, to a fine of N2,000,000 in the first instance, and N1,000,000 for any subsequent offence.
Any person or group of persons who aids or abets a political party, an aspirant or a candidate in contravening the provisions of subsection (5), commits an offence and is liable on conviction to a fine of N500,000 or imprisonment for a term of three years or both.
Refer: Section 92(7) and (8) of the Electoral Act 2022.
Is The Use Of Force Allowed At A Political Campaign?
The Act clearly proscribes the use of force at a political campaign and clearly states as follows:
A party, candidate, aspirant, or person or group of persons shall not directly or indirectly threaten any person with the use of force or violence during any political campaign in order to compel that person or any other person to support or refrain from supporting a political party or candidate.
Refer: Section 93(1) of the Electoral Act 2022.
What Are The Consequences Of The Use Of Force At A Political Campaign?
Any political party, candidate, aspirant, or person or group of persons that contravenes the above provisions commits an offence and liable on conviction
(a) in the case of a candidate, aspirant, or person or group of persons, to a maximum fine of N1,000,000 or imprisonment for a term of 12 months; and
(b) in the case of a political party, to a fine of N2,000,000 in the first instance, and N500,000 for any subsequent offence.
Refer:Section 95 of the Electoral Act 2022.
What Is The Position Of The Act On Campaigns Based On Religion Or Tribe?.
The Act forbids campaigns based on extraneous factors such as religion, tribe or sectionalism and by stating that:
(1) A candidate, person or association who engages in campaigning or broadcasting based on religious, tribal, or sectional reason for the purpose of promoting or opposing a particular political party or the election of a particular candidate, commits an offence under this Act and is liable on conviction
(a) to a maximum fine of N1,000,000 or imprisonment for a term of 12 months or both; and
(b) in the case of political party to a maximum fine of N10,000,000.
Refer: Section 97 of the Electoral Act 2022.
Credit:: RT News