What the Electoral Act of 2022 says about publicly displaying one's vote

Outgoing president Muhammadu Buhari trended on voting day when he was captured showing his thumbprinted ballot paper for the presidential election to the cameras.

Buhari, before putting his ballot in the box, raised it to reveal that he has voted for Bola Ahmed Tinubu, candidate of the governing All Progressives Congress (APC).

The incident attracted critique as much as it attracted support especially on social media.

Critics said it was against the very electoral law that Buhari signed in 2022 but others said there was nothing wrong because most people had already made up their mind who to vote for and Buhari's actions were not going to change anything.

According to checks by MyNigeria, Buhari breached Article 96 of the Electoral Act, 2022. He is liable to a fine of N1,000,000 or a six-month term in jail or both.

The specific infraction relates to Article 96 which reads:

96.—(1) A person, print or electronic medium that broadcasts, publishes, advertises or circulates any material for the purpose of promoting or opposing a particular political party or the election of a particular candidate over the radio, television, newspaper, magazine, handbills, or any print or electronic media whatsoever called within twenty-four hours immediately preceding or on polling day commits an offence under this Act.

(2) Where an offence under subsection (1) is committed by a body corporate, the principal officers of that body shall be deemed to have equally committed the same offence.

(3) A person convicted of an offence under this section is liable—

(a) in the case of a body corporate to a maximum fine of N1,000,000 ; and

(b) in the case of an individual to a maximum fine of N1,000,000 or to imprisonment for a term of six months or both.

Presidency reacts to Buhari's gesture:

The presidency issued a statement defending the move, special assistant in charge of media, Mallam Garba Shehu wrote on social media:

"In rare show of loyalty, President Muhammadu Buhari Saturday in Daura, Katsina State, displayed his ballot paper, with thumb print for All Progressives Congress’ (APC) Presidential Candidate, Asiwaju Bola Ahmed Tinubu, saying after campaigning for the political leader in many parts of the country, he has reaffirmed on his preferred successor."

SARA