Section 78
Contravention of section 227 of the 1999 Constitution(1) Any political party or association, which contravenes the provisions of section 227 of the Constitution, commits an offence and is liable on conviction to a fine of —
(a) N5,000,000 for the first offence;
(b) N7,000,000 for any subsequent offence; and
(c) N500,000 for every day that the offence continues.
(2) Any person or group of persons who aids or abets a political party in contravening the provisions of section 227 of the Constitution commits an offence and is liable on conviction to a fine of N5,000,000 or imprisonment for a term of five years or both.
Cap. C23 LFN, 2004.This provision reinforces Section 227 of the Constitution which prohibits the training, equipping or use of a quasi-military organization to use or display physical force or coercion in promoting any political objective or interest or in such manner as to arouse reasonable apprehension.
The use of armed “political thugs” by political parties to disrupt elections is not an uncommon occurrence in elections in Nigeria and this is evidenced in the complaints presented before the Courts by candidates who lost elections due to the disruptions of elections at polling units by the activities of these thugs.
While the Constitution prohibits such acts, the Electoral Act provides accompanying criminal penalties.
BALAMI V. BWALA (1993) 3 NWLR (PT, 267) 51
An allegation that a person caused disturbance or engaged in acts of thuggery at a polling station for the purpose of preventing, interfering with voting is an offence punishable with a fine [of #5,000] or imprisonment [for three years or both under section 66(1) of Decree No. 18 of 1992.]
Jurisprudence of Election Petition by Joshua E. Alobo
