Three electoral offences that could take you to prison By Abdulrazaq Hamzat
1. Campaign based on region or place of origin
Do you know it is a crime, to campaign against an individual based on the region or part of the country they come from?
For a example, if somebody is from Ibadan, but lives in Ilorin and he or she is aspiring for a political position in Kwara State. But instead of focusing on merit or de-merit of the campaign based on issues, a person or group of persons start campaigning against the aspirants based on his place of origin. Anyone involved in such campaign have committed a crime punishable by a prison sentence of up to 1 year, if charged to court.
Additionally, just as you can not campaign against an individual based on region or place of origin, you can also not promote them based on region and place of origin and doing so is a crime against the electoral act. This means that, a northerner cannot promote the candidature of Atiku Abubakar simply based on his region and doing so would amount to violation of the electoral act, which could earn the culprit up to 1 year imprisonment.
2. *Campaign based on tribe*
Do you know it is a crime, to campaign against an individual based on the tribe they belong to?
For a example, somebody is an igbo, but he lives in Lagos and he or she is aspiring for a political position in Lagos State. However, instead of focusing on merit or de-merit of the campaign based on issues, a person or group of persons start campaigning against the aspirant based on his tribe. Such individuals have committed a crime punishable by prison sentence, up to 1 year.
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Additionally, just as you can not campaign against an individual based on tribe, you can also not promote them based on tribe and doing so is a crime against the electoral act. This means that, a Yoruba person cannot promote the candidature of Bola Tinubu simply based on his tribe and doing so would amount to violation of the electoral act, which could earn the culprit up to 1 year imprisonment.
3. *Campaign based on region*
Do you know it is a crime to campaign for or against an individual or political party based on religion?
Yes, it is a crime, to campaign against an individual, based on the religion they practice.
Many pastors Christians, especially pastors have been campaigning against APC and Tinubu over Muslim Muslim ticket, but this is a crime against the electoral act and if any of those individuals or group are charged to court, they could be sentenced to prison for up to 1 year.
Similarly, some Muslims, especially Islamic scholars have been promoting APC and Tinubu based on his religion, but this also is against the electoral act and could earn the culprit up to 1 year imprisonment, if charged to court.
All of these 3 issues, which many of us are fond of doing is actually a crime in Nigeria.
And. If somebody took you to court for campaigning against them based on the basis of tribe, region or religion, you maybe sentenced to prison for up to 1 year.
The Electoral Act prohibits campaign based on Region, Religion or Tribe.
Electoral Act 2022 : Section 97 (1) provides that:
*”a Candidate, person or association that 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 a Political Party, to a maximum fine of N10, 000, 000″.*
Many of us are used to campaigning for or against people based on tribe, region or religion and we must be aware that our conduct is not only wrong, it is actually a crime.
Ignorance is not an excuse in law. So, while we express our opinion on political development, we must be conscious about the limitation of our opinion to avoid commiting crime.
