ELECTORAL OFFENCES AND ENFORCEMENT OFATTENDANT SANCTIONS IN NIGERIA

Abstract

A direct affront to the electoral process in Nigeria is the prevalence of electoral malpractice, corrupt
practices, and other forms of criminality unleashed in the process. These offenses are often
perpetrated with brazen impunity and without effective enforcement of the accompaning sanctions
against the perpetrators. Ordinarily, the Electoral Act did not provide a succinct definition for
electoral offenses; rather, it merely explains and enumerates what constitute these offenses.
Therefore, the term, electoral offense can be fully situate by combining the elements of two sub-
terms, “electoral” and “offense.” Each element contributes distinct gradations that shape the
meaning and implication of the term.1 Accordingly, electoral offense encompasses any illegal
behavior or transgression, including any malpractice either by commission or omission arising from
the totality of the electoral process, upon which the person doing the act or making the omission is
rendered liable to punishment under the Act. It involves every effort aimed at subverting the
integrity of the electoral process by shaping the outcome.2 It is at the same time, characterized by
either or all of the three manipulative forms of rules, voters, and voting.3 It also refers to any
interruptive conduct that contradicts the electoral standards and interferes with the people's
mandate.4 Being a function of what the law prescribes at a particular time, it borders on any act that
offends the nation’s electoral standard as reflected in the Constitution, statutes as well as other
administrative and procedural guidelines regulating the electoral process.5 In other words, any action
or inaction by any juristic person prohibited under the Electoral Act, a contravention of which
attracts a penalty under the law would be regarded as an electoral offense.