Without deterrence for electoral offences, it will be difficult to hold a free and fair election. INEC has demonstrated over the years that it is more focused on delivering a credible election with minimal capacity to discharge prosecutorial responsibility when it comes to electoral offences.

The case may not be different in the Ondo State Governorship Election which will be held tomorrow. INEC should nevertheless be commended for making scapegoats of a few of its staff in the past, most of the people that committed electoral heist are still walking around as free men and women all over Nigeria. That has not made the political class consider committing electoral offences serious attention. They encourage their loyalists to commit the offence and win the election first and foremost while the remaining matter would be resolved in the courtroom.

The elections are guided by the constitution, the Electoral Act, and INEC rules and regulations. Additionally, there are other basic rules like restriction of movements and distribution of money to buy votes that emanate from the security agencies and the EFCC. This analysis draws attention to four Sections of the Electoral Act 2022 that Journalists must watch out for as they watch out for as they cover the Ondo State governorship election.

Specifically, Section 94 of the Electoral Act 2022 deals with contravening the limitation on political broadcasts and campaigns by political parties attracting a fine of N500,000.

Also, Section 95 of the Electoral Act 2022 on Contravening Regulations and Guidelines for campaigning for election (and equal access to media) prohibits employing or using state Apparatus including the media to the advantage or disadvantage of any political party or candidates at any election.

Allocating Media time equally among the political parties or candidates at similar hours of the day. Allotting equal airtime at any public electronic media to all political parties or candidates during prime times at similar hours each day, subject to the payment of appropriate fees.

Allotting at any public print media, equal coverage, and visibility to all political parties. According to the Act, a person who contravenes provisions on allotting equal airtime at public electronic media and equal coverage and visibility at public print media commits an offence punishable with a fine of N2,000,000 in the first instance and N5,000,000 for subsequent conviction and Principal officers and other officers of the media house: a fine of N1,000,000 or imprisonment for a term of six months.

In addition, Section 96 of the Electoral Act 2022 on broadcasting 24 hours preceding or on election day states that:” a person, print or electronic medium that broadcasts, published, advertises or circulates any material to promote or oppose a particular political party or the election of a particular candidate over the radio, television, newspaper, magazine, handbills, or any print or electronic media whosoever called within twenty-four hours immediately preceding or on polling day commits an offense.

According to the Act, where the offense is committed by a body corporate, the principal officers of that body shall be deemed to have equally committed the same offence. For a body corporate, a maximum fine of N1,000,000, and for an individual, a maximum fine of N1,000,000 or imprisonment for a term of six months or both.

Also, campaigning or broadcasting based on religion or tribe, Under Section 97 of the Electoral Act 2022 commits an offence. According to the Act, for a candidate, person, or association, a maximum fine of N1,000,000 or imprisonment for a term of 12 months or both; and for a political party, a maximum fine of N10,000,000.

These issues and others are highlighted in the Nigeria Media Code on Election Coverage which states: The performance of campaign platform and public forum role of the media during elections requires deference to the right of parties and candidates in elections to equitable media access. This is envisaged by legislative and institutional frameworks and other relevant instruments, including the Electoral Act (as amended), the Nigerian Broadcasting Code (as revised), and the Nigeria Press Organisation Code of Ethics. It also requires giving opportunity to under-represented groups to express their views.

Accordingly:
1.1. Parties and Candidates
The Responsibilities of Media Organisations
1.1.1. A broadcast medium shall ensure equitable allocation of airtime at specific but similar periods for all parties contesting elections to present their manifestoes;
1.1.2. A media organisation shall consistently apply the principle of equity in the coverage and reportage of campaigns and other activities of parties and candidates contesting elections and shall make public any procedure put in place to achieve this.
1.1.3. A media organisation shall at all times uphold the right of parties and candidates to reply to allegations made against them.
1.1.4. A broadcast medium shall strive to ensure the participation of all parties and candidates contesting elections in political debates.

For more, readers can visit: THE NIGERIAN. MEDIA CODE OF ELECTION COVERAGE. The Nigerian Media Code of Election Coverage https://ipc-media-elections.org/