Section 114
Offences in relation to registrationA person who—
(a) without authority, destroys, mutilates, defaces or remove or makes any alteration in any notice or document required for the purpose of registration under this Act;
(b) presents his or herself to be or does any act whereby he or she is by whatever name or description howsoever, included in the register of voters for a constituency in which he or she is not entitled to be registered or causes his or herself to be registered in more than one registration or revision centre;
(c) publishes any statement or report which he or she knows to be false or does not believe to be true so as to prevent persons who are qualified to register from registering as voters;
(d) makes in any record, register or document which he or she is required to prepare, publish or keep for the purpose of registration, any entry or statement which he or she knows to be false or does not believe to be true;
(e) impedes or obstructs a registration officer or a revision officer in the performance of his or her duties;
(f) without proper authority, wears the identification of a registration officer or assistant registration officer or wears any other identification purporting to be the identification of a registration officer or assistant registration officer;
(g) forges a registration card; or
(h) carries out registration or revision of voters at a centre or place not designated by the Commission, commits an offence and is liable on conviction to a maximum fine of N1,000,000 or to imprisonment for a term of 12 months or both.
The provision outlines offences dealing with registration of voters and their penalties. Some of the offences here include:
Destroying, mutilating, defacing, removal, altering of documents for registration
Publication of false/fake statement or reports to prevent qualified people from registration as voters
Obstructing a registration officer in the performance of his/her duties
Impersonating or purporting to be a registration officer or assistant registration officer
Carrying out registration or revision of voters at a Centre or place not designated by INEC,
etc.
NZERIBE & ANOR. V. UBA & ORS. (2012) LPELR – 19954 (CA) at 52, Paras. C-E
Standard of proof in an election petition where there is allegation of crime: It is the law that the standard of proof of a criminal allegation even when it is made in a civil case including election petition is beyond reasonable doubt.
BUHARI & ANOR. V. OBASANJO & ORS. (2005) 13 NWLR (PT. 941) 1 @ 238
Effect of electoral offences on the outcome of an election: An elected candidate cannot have his election nullified on the ground of corrupt practices or any irregularity committed in the process of the election unless it can be proved that the candidate expressly authorised the illegality.”
