Electoral Act: Reps approve 10-year jail term, N75m fine for forgery of election documents

The House of Representatives on Thursday approved a 10-year jail term or a fine of N75 million for anyone found guilty of forging nomination papers or result forms, or willfully defacing or destroying election-related documents.

The decision followed the House’s consideration of amendments to the 2022 Electoral Act, during which lawmakers approved an upward review of the fine from N50 million. 

The House also approved a fine of N5 million for the improper use of a voter’s card.

However, the lawmakers rejected a recommendation seeking to impose a two-year jail term on individuals who financially or materially induce delegates to influence the outcome of party primaries, congresses or conventions. Members argued that such a provision could be abused by political opponents to witch-hunt candidates.

The House also deleted an existing provision that mandates the cancellation of votes and the conduct of a fresh election in polling units where over-voting is established.

Instead, it approved a new provision stipulating that where over-voting occurs, the excess votes should be deducted from the scores of all candidates, while the presiding officer at the affected polling unit should be prosecuted.

Addressing newsmen after the plenary, Chairman of the House Committee non Electoral Matters, Adebayo Balogun said the Electoral Bill 2025 was originally introduced as a Bill for an Act to repeal the Electoral Act 2022 and enact a new Electoral Act for Nigeria. 

He said, “This approach was informed by our collective desire to build on the gains of recent elections and to respond to emerging challenges and opportunities within our electoral system. The Committee, guided by stakeholder engagements, public hearings, and expert submissions, initially proposed far-reaching reforms intended to modernize and strengthen our electoral framework.

“Among the reforms canvassed were provisions on early voting, inmate voting, the replacement of the Permanent Voters’ Card with more technology-driven voter accreditation mechanisms, adjustments to electoral timelines, and other innovations that, if adopted, would have significantly altered the structure, philosophy, and core provisions of the Electoral Act 2022.

“However, as the legislative process progressed, particularly during the sittings of the National Assembly Joint Committee on Electoral Matters, it became evident that many of these far-reaching proposals did not command the support of the majority of members across the two Chambers, nor did they enjoy sufficient consensus among key stakeholders.

“In legislative practice, a repeal of an existing law and enactment of a new law is appropriate where the proposed changes fundamentally transform the identity of the principal Act. 

“In this instance, because several of the proposed provisions such as Early Voting, Inmate Voting, Removal of the Permanent Voters Card (PVC), Election Timelines amongst others, that would have occasioned such a fundamental transformation were not approved at the committee stage, the House, sitting as a Committee of the Whole during the consideration of the report, wisely resolved that it would be more appropriate to proceed by way of amendment rather than outright repeal of the Electoral Act 2022.

“This decision is not a setback to the electoral reform. Rather, it reflects the maturity of our democracy and the responsibility of Parliament to legislate in a manner that is inclusive, balanced, and anchored on broad agreement.

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“Courts, including Nigerian courts following common law principles, consistently hold that what matters is the effect of the legislation, not its label.

“You will notice that despite the rigorous work done by the Electoral Committee, there were also very meaningful amendments introduced by Members of the House during the consideration of the report in the Committee of the Whole, indicating a robust debate and reflection of the immense importance attached to the Electoral Bill 2025 by the House of Representatives.

“The Electoral Act 2022 remains one of the most progressive electoral laws in our history, and the amendments proposed under the Electoral Bill 2025 are designed to consolidate its strengths, address observed gaps, and improve implementation, without undermining the stability of the existing legal framework.

“I want to assure Nigerians that the House Committee on Electoral Matters has conducted this process with utmost transparency and diligence. We engaged widely with the Independent National Electoral Commission, security agencies, civil society organizations, political parties, professional bodies, development partners, and citizens across the country. The outcome before the House today is a product of those engagements and reflects the realities of consensus-building in a democratic legislature.

“While some innovative proposals could not be accommodated at this stage, they remain part of our national discourse on electoral reform. As our democracy evolves and wider consensus is achieved, such ideas can be revisited in the future through further legislative intervention.

“As we have concluded consideration of this report, I reaffirm the commitment of the House of Representatives, and indeed the National Assembly, to credible elections, democratic stability, and the continuous improvement of our electoral laws. Our goal remains clear: to ensure that every election in Nigeria is transparent, inclusive, secure, and truly reflective of the will of the Nigerian people.