Oluwaseye Ogunsanya
Claim
A Twitter user TC Onwe @onwe_tc claimed in a tweet that the Electoral Act empowers INEC to print cards but it does not criminalize individuals printing their cards.
Verdict
Misleading. It is an electoral offence under sections 117 and 16 of the Electoral Act, 2022 to print a PVC. INEC is the only institution authorised by the law to print PVCs.
Full text
A Twitter user TC Onwe @onwe_tc claimed in a tweet that the Electoral Act empowers INEC to print cards but it does not criminalize individuals printing their cards.
He further urged voters from Lagos who are yet to get their PVC due the expiration of the deadline extension for the collection of PVC by INEC to “go to a business center and print your PVC.” he added that “Nobody will arrest you for printing your card”
The Electoral Act empowers INEC to print cards but it does not criminalize individuals printing their cards. Please, if you're a Lagos voter and INEC prevented you from getting your PVC, go to a business center and print your PVC. Nobody will arrest you for printing your card…. pic.twitter.com/C2xPLXoUBT
— TC Onwe (@onwe_tc) February 7, 2023
Contrastively, the tweet was accompanied with a screenshot of section 16 of the electoral act which touched on the power to print or issue voters card. The user marked subsections 1 and 2 which gave INEC the power to design, print and control the issuance of voters’ cards to voters whose names appear in the register and the warning that no voter shall hold more than one valid voters’ card respectively.
But he left out subsection 3 which prescribes the fine of not more than N500,000 or imprisonment for a term not more than one year or both to any person who contravenes subsection 2.
He also made a screenshot of section 47, which talked about accreditation of voters and voting but he marked out subsection 1 which talked about the fact that anyone who intends to vote in an election shall present himself with his voter’s card to a Presiding officer for accreditation at the polling unit in the constituency where his name is registered.
The tweet has so far gained 47 retweets, 125 quote tweets and 64likes.
Verification
To investigate the veracity of this claim, FactCheckElections went through the comment section of the tweet wherein majority of those who commented tagged his assertion as misleading. They also warned that anyone who take to his advise should be prepared to pay fine or be jailed.
Prepare your 1 million fine before printing your PVC; if you don't have the 1m, sow your prison cloth; you are free to make it your size so that you won't be given undersize or oversize; good luck, and enjoy your stay free food and accommodation, make friends too pic.twitter.com/vT1u72HE8W
— ibukunoluwatimunilalaiselaalaa (@iwillbukunu) February 7, 2023
What The Electoral Act Says
Part VII of the Electoral Act, 2022 addressed the issue of electoral offences extensively.
Section 117 of this part of the act titled improper use of voters cards states a person is liable of electoral offence if
117. any person who— (a) being entitled to a voters card, gives it to some other person for use at an election other than an officer appointed and acting in the course of his or her duty under this Act,
(b) not being an officer acting in the course of his or her duty under this Act, receives any voters card in the name of some other person or persons for use at an election uses it fraudulently,
(c) without lawful excuse has in his possession more than one voters card, or
(d) buys, sells, procures or deals, with a voters card otherwise than as provided in this Act, commits an offence and is liable on conviction to a maximum fine of N 1,000,000 or imprisonment for a term of 12 months or both.
Also section 16 (1) gives INEC alone the power to design, cause to be printed and control the issuance of voters’ cards. In the same vein, subsection 2 forbids any voter from holding more than one valid voters’ card, anyone who does this according to subsection 3, any voter who does the above commits an offence and is liable on conviction, to a fine not more than N 500,000 or imprisonment for a term not more than one year or both.
16.—(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 N 500,000 or imprisonment for a term not more than one year or both.
Conclusion
FactCheckElections can conclude that the Twitter user’s claim is misleading and it is an electoral offence under sections 117 and 16 of the Electoral Act, 2022 to print PVC as INEC is the only institution authorised by the law to print PVCs.