Section 16
Power to print or issue voters card(1) The Commission shall design, cause to be printed and control the issuance of voters’ cards to voters whose names appear in the register.
(2) No voter shall hold more than one valid voters’ card.
(3) Any person who contravenes subsection (2) commits an offence and is liable on conviction, to a fine not more than N500,000 or imprisonment for a term not more than one year or both.
(4) The Commission may, whenever it considers it necessary, replace all or any voters’ cards for the time being held by voters.
This section provides that INEC has the sole power to design, print and control the issuance of voters’ cards to voters whose names appear in the voters register.
This section prohibits the possession of more than one valid voter’s card. It reinforces section 12(2) which insists that registration shall be done only once. Failure to comply will attract penalties.
These provisions are safeguard measures to protect the integrity of the voters register.
On the Effect of double registration on a voter or the possession of 2 voter’s cards
EZEH NICHOLAS CHIKA & 1 OR v. NGWU OSITA & 2 ORS (EPT/EN/SEN/09/2023) (Unreported) Pg. 58-59, Per Hon. Justice Ibitham
In this case the Petitioners contended that the 1st Respondent’s possession of 2 voters cards amounted to forgery hence he should be disqualified
from contesting in the election. In dismissing their argument, the Court held that possession of two voter’s cards cannot amount to the
disqualification of a candidate for an election. In it's judgment it stated as follows:
“In this case, there is no evidence before us that, the 1st Respondent was ever charged, tried convicted and sentenced under section 16 (3) of
the Electoral Act, 2022 for the offense of double registration so as to disqualify him under section 65(1)(c) or (d) of the Constitution. It follows
that the constitutional presumption of innocence under section 36(5) holds sway, in favor of the 1st Respondent, even if the alleged double registration
is proved it cannot be a disqualification. We are unable to see a nexus between the alleged acts of double registration and Section 66(1)(i). it follows,
that the alleged double registration has no significance to the determination on hand.”
See also OLUWASOGO & ANOR v. INEC & ORS (2019) LPELR – 49449 (CA) where the Court of Appeal held that:
“The allegation made against the 2nd Respondent constitutes an offense under the electoral Act, and can only be brought within the purview
of section 107(1) of the 1999 Constitution after the 2nd Respondent has been charged before a competent court of law, tried, convicted and sentenced
for the commission of the alleged offense. There was no evidence of such trial, conviction and sentence on record. I therefore hold, that the offense
of double registration as a voter or possession of two PVC’s ipso facto is not a condition upon which the 2nd Respondent may be disqualified pursuant to
section 107(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)”
