Vote ​‌‌‌‌‍‌‍⁠⁠‌‍‌‍‍​‍‍⁠‌​buying undermines democracy – Lawyer

Mr Evans Mbaike, a legal practitioner, has warned politicians and voters against vote buying, describing it as a threat to credible elections and democratic governance.

Mbaike gave the warning in an interview with our reporter in Lagos, on Friday.

He said vote buying was a criminal offence punishable under the Electoral Act, 2022.

He cited Section 121(1) and (5) of the Act, which prohibited any person from directly or indirectly buying or selling votes or inducing voters with money, gifts or other benefits to influence their voting decisions.

According to Mbaike, vote buying remains a major threat to credible elections and democratic governance in Nigeria.

“Vote buying is morally wrong and punishable under Nigerian law. Anyone offering inducements to influence voters, and voters accepting them, can be held liable,” he said.

Mbaike, a Principal Partner at Mbaike & Associates, said the law provided sanctions for persons found guilty of offering or receiving inducements in exchange for votes.

“Where a person is arrested, tried and convicted for vote buying or selling, the Electoral Act provides penalties, including fine and imprisonment, depending on circumstances and provisions under which the offender is charged.

“The important message is that both the person offering the inducement and the voter receiving it are exposed to criminal liability,” he said.

He said vote buying could have serious implications for an election where it was established that the unlawful practice substantially affected the electoral process.

He said electoral offences were capable of forming grounds for legal challenges where evidence showed that corrupt practices materially affected an election.

“Where evidence shows that corrupt practices materially affected an election, the appropriate authorities and courts can make consequential decisions in accordance with the law.”

The lawyer said conviction for electoral offences could also have wider consequences, including damage to individuals’ reputations and possible restrictions arising from a criminal record.

“Candidates, political actors and voters must understand that elections are governed by laws, and anyone who engages in corrupt electoral practices may face consequences beyond the immediate punishment imposed by the court,” he said.

Mbaike said institutions, including the Independent National Electoral Commission (INEC), the Nigeria Police Force and other relevant law enforcement agencies, had important roles in preventing and investigating electoral offences.

He added that citizens also had a responsibility to report suspected cases of vote buying and other electoral malpractices to the appropriate authorities.

“Security agencies and electoral institutions cannot effectively tackle vote buying without the cooperation of the electorate.

“Citizens who witness such practices should provide useful information to the appropriate authorities,” he said.

The legal practitioner described vote buying as a dangerous practice that undermined democracy by shifting the focus of elections from competence, integrity and policies to financial inducement.

“When voters make decisions based on money rather than the capacity and programmes of candidates, democracy suffers.

“Leaders should emerge through the genuine choice of the people and not through the purchasing power of politicians,” he said.

Mbaike said vote buying could encourage poor governance, alleging that some politicians who spent heavily to influence voters might seek ways to recover their expenses after assuming public office.

He urged Nigerians to reject monetary and material inducements during elections and instead vote for candidates based on their character, competence and commitment to public service.

“The best way to fight vote buying is for citizens to refuse inducements and insist on their right to freely choose leaders.

“A vote is a democratic power and should not be traded for temporary benefits,” he said.