PRESIDENTIAL PRIMARY ELECTION (BASIC TRADITIONAL PROVISIONS) DECREE 1992

The National Republic Convention and the Social Democratic Party (in this Act referred to as the "Parties") shall each hold Presidential Primary Elections to select a candidate who shall represent the Party at the election to the office of the President of the Federal Republic of Nigeria.

(1) Subject to the provisions of the Participation in Politics (Miscellaneous Provisions) Act 1991, as amended, and notwithstanding any other enactment or the Constitution of the Parties the conduct of the primary election shall be under the direction of the Parties and in accordance with the provisions of this Act and the guidelines, rules and regulations issued by the Parties.
(2) No guidelines, rules and regulations issued by the Parties shall be valid unless they have been approved by the Independent National Electoral Commission (in this Act referred to as "the Commission").

The Commission shall, for the purposes of the primary elections,divide the States of the Federation and the Federal Capital Territory, Abuja into such groups as it may deem necessary and appoint the date and time of the holding of the primary election in each group.

(1) Notwithstanding the provisions of the Constitution of the Federal Republic of Nigeria 1999 or any other law, no interim or interlocutory order, ruling, judgement or decision made by a court or tribunal before after the commencement of the Act, in respect of any inter-party or intra-party dispute or any other matter before it, shall affect the date or time of the holding of a primary election, or the performance by the Parties the Commission of any of its functions under this Act or any guidelines issued in pursuance of the conduct of the primary elections.
(2) Subject to subsection (1) of this section, the court or tribunal, as the case may be, may continue with any proceeding before it after a primary election and make any decision as is reasonable in each circumstance.

(1) The Presidential aspirants, their agents and supporters shall campaign for the primary elections in accordance with the provisions of this Act and the guidelines approved for the Parties by the Commission.
(2) A Presidential aspirant, his agent or supporter who contravenes the provisions of subsection (1) of this section is guilty of an offence and shall in addition to any other penalty specified in this Act be disqualified to contest or vote at any primary election.

(1) For the purposes of the proper and peaceful conduct of political rallies and processions, the Commissioner of Police of each State and the Federal Capital Territory, Abuja is hereby empowered to direct the conduct of all political rallies and processions.
(2) Pursuant to subsection (1) of this section, a person who wishes to conduct political rallies or processions, shall first submit an application to the Commissioner of Police concerned not less than 72 hours thereto, indicating the date, time, venue and the names and detailed particulars of any person scheduled to speak at the political rally or procession.
(3) If the Commissioner of Police is satisfied that, the political rally or procession is not likely to cause a breach of the peace, he shall direct a superior police officer to issue a licence, not less than 24 hours thereto, specifying the name of the license, venue, time, date and such conditions on which the political rally or procession is permitted to take place ; and if the Commissioner of Police is not so satisfied, he shall convey his refusal in like manner to the applicant within the time stipulated in this subsection.
(4) The Commissioner of Police may delegate his powers under this section-
(a) in relation to the whole State or the Federal capital Territory,Abuja or part thereof, to any superior police officer under his command not below the rank of an Assistant Commissioner of Police: and
(b) in relation to any Local Government Area in the State or any part thereof or Area Council, including any part thereof in the case of the Federal Capital Territory, Abuja to a superior police officer or any police officer for the time being acting as the Divisional Police Officer.

A police officer of the rank of Inspector or above or its equivalent in the State Security Service may stop a political rally or procession for which no licence has been issued or which violates an" conditions of the licence issued under section 6 (3) of this Act, and may order any such political rally or procession which has been prohibited or which violates any such condition aforesaid to disperse immediately.

(1) A Political rally or procession which-
(a) takes place without a licence issued under section 6 (3) of this Act; or
(b) violates a condition of a licence issued under section 6 (3) of this Act; or
(c) neglects to obey any order given under section 7 of this Act, shall be deemed to be an unlawful assembly.
(2) A person who takes part in a political rally or procession for which no licence has been issued, including a person who convenes, or directs the political rally or procession is guilty of an offence and liable on conviction to a fine of N20,000 or to imprisonment for one year or to both such fine and imprisonment.

(1) A person who, while present at a political rally or procession has with him an offensive weapon or missile, otherwise than in pursuance of a lawful authority, is guilty of an offence under this section and liable on conviction to imprisonment for two years without the option of a fine.
(2) For the purpose of this section, a person shall not be deemed to be acting in pursuance of a lawful authority unless he is acting in his capacity as a police officer or as a member of the armed forces of the Federation or as a member of any security intelligence agency or as a member of any organisation recognised by law and authorised to carry arms and ammunition or as a member of a fire brigade established by law.
(3) In this section, "offensive weapon or missile" includes any cannon, gun, rifle, carbine, machine gun, cap gun, flint-lock gun, revolver, pistol, air gun, air pistol or other firearms (whether whole or in detached pieces) bow and arrow, spear, cutlass, matcher, knife, dagger, axe, cudgel, hors whip or a piece of wood, metal or other material, or stone capable of being used as an offensive weapon or missile and includes tear gas, corrosives inflammable substances or any other thing that is capable of being used to inflict or cause injury.

(1) No political campaign shall be made on the basis of sectional, ethnic or religious grounds or considerations.
(2) Abusive, intemperate, slanderous or base languages designed or likely to provoke violent emotions or reactions shall not be employed or used in political campaigns.
(3) Places designated for religious worship or activities shall not be used to promote or propagate or attack the ideals or programmes of a Presidential aspirant.
(4) Masquerades shall not be employed or used by a Presidential aspirant or any person during political campaigns or for any political purposes or occasion.
(5) No Presidential aspirant shall recruit, hire or maintain a private security organisation in whatever name or form for the purpose of providing security or protection during political campaigns for himself or any other person.
(6) A person who contravenes the provisions of this section is guilty on an offence and liable on conviction to a fine of N20,000 or to imprisonment for one year or to both such fine and imprisonment.

Notwithstanding anything contained in the Constitution of the Federal Republic of Nigeria 1999, or other law (including anything contained in the Constitution of the Parties), a person affected by the provisions of section 1 of the Participation in Politics Elections (Prohibition) Act and section 1 of the Participation in Politics and Elections (Miscellaneous Provisions) Act 1991 shall not participate, canvass or campaign for or on behalf of himself or any other person or sponsor, fund or in any other way support or assist a Presidential aspirant for a primary election.

(1) No Presidential aspirant shall by himself or by any other person on has behalf during a political campaign, directly or indirectly, offer inducement in any form whatsoever or howsoever to a person for the purpose of corruptly influencing that person or any other person to support or refrain from supporting the Presidential aspirant or any other person.
(2) No person shall by himself or by any other person on his behalf directly or indirectly, make use of or threaten to make use of any force violence or restrain or inflict or threaten to inflict by himself or by any other person any temporal or spiritual injury, damage, harm, or loss upon or against any person during any, political campaign in order to induce or compel any person to support or refrain from supporting a Presidential aspirant.
(3) No Presidential aspirant shall by himself or by any person on his behalf, directly or indirectly give, lend, or agree to give or lend or offer, or promise to produce or, to endeavour to procure any money or valuable consideration during or in the course of any electioneering campaign to any person in order to induce such person to support or refrain from supporting the Presidential aspirant or any other person.
(4) No person shall accept any form of inducement from a Presidential aspirant or his agent as specified in subsection (1), (2) or (3) of this section.
(5) A person who contravenes any of the provisions of this section is guity of an offence and liable on conviction to a fine of N20,000 or imprisonment for two years or to both such fine and imprisonment and in addition to the punishment specified in this Section, shall be disqualified from contesting that primary election and any subsequent elections for a period of notless than five years.

All Presidential aspirants their agents and supporters shall conform with the Guidelines on Political Campaigns through the Electronic Media as-set out in the Second Schedule to the Transition to Civil Rule (Political Parties Registration and Activities) Act.

A person affected by the Participation in Politics and Elections (Prohibition) Act and the Participation in Politics and Elections (Miscellaneous-Provisions) Act 1991, who sponsors a Presidential aspirant or contributes to the funds of a Presidential aspirant is guilty of an offence and liable on conviction to a fine of NI0,000 or to imprisonment for a term of 5 years or to both such fine and imprisonment; and in addition the Presidential aspirant so sponsored, or to whose funds such contribution was made shall be disqualified from contesting a primary election under this Act.

1f a person to whom section 16 of this Act applies or who is for the time being under a duty to discharge any of the functions of that person is, without reasonable cause; guilty of an act or omission in breach of his official duty, then he is liable on summary conviction to a fine of N5,000 or imprisonment for 2 years or to both such fine and imprisonment.

A person who, being an Electoral Officer or a Returning Officer at a primary election-(a) gives a certificate or statement of result which is false in any material particular ;or
(b) perversely and without lawful authority refuse to deliver any statement of result relating to that primary election to the Officer to whom it is required to be delivered ; or
(c) does anything that impedes or obstructs proper accreditation counting, recording or obtaining of the correct result of that primary election, is guilty of an offence and liable on conviction to a fine of N5,000 or to imprisonment for 2 years or to both such fine and imprisonment.

(1) A person to whom this section applies, who is for the time being under a duty to discharge any functions relating to a primary election; and who without reasonable cause, before or during a primary election or at any time thereafter-
(a) fails to perform or discharge the duty; or
(b) performs such duty fraudulently; negligently, perversely or recklessly; or
(c) does any act or makes an omission in breach of such duty is guilty of an offence and liable on conviction to a fine of N5,000 or to imprisonment for 2years or to both such fine and imprisonment.
(2) The persons to whom this section applies are police officers, members of the State Security Services, Poll Watchers, Polling Agents or any other officers charged with the conduct of the primary election (by whatever name called).

(1) An Electoral Officer, a Returning Officer or any other Party official (by whatever name called) appointed for the purpose of the conduct of the primary elections and every Poll Watcher, Polling Agent or Presidential aspirant in attendance at a polling station or place of voting or at the counting of the votes shall maintain and aid in maintaining the orderliness of the voting.
(2) No Electoral Officer, Returning Officer, Party Official, Poll Watcher Polling Agent or Presidential aspirant shall, except for some purposes authorised by law, communicate before the poll is closed to any person any information as to the name or number on the Party register of members of any voter who has or has not voted at the place of voting.
(3) No person shall-
(a) interfere with any voter while in the processof voting ; or
(b) otherwise obtain or attempt to obtain in the place of voting; information as to the Presidential aspirant for whom a voter :in that place is about to vote or has voted ; or
(c) communicate at anytime to any person any information obtained in a place of voting as to the Presidential aspirant for whom a voter in that place is about to vote or has voted.
(4) If a person contravenes any of the provisions of this section; he is guilty of an offence and liable on conviction to imprisonment for 2 years or a fine of N5,000 or to both such imprisonment and fine.
(5) The words "while in the process of voting" as used in subsection (3) (a) .of this section means the period starting from the commencement of accredition till the end of poll."

(1) If a corrupt practice is committed by a Presidential aspirant elected at a pnmary election held under the provisions of this Act the election of such a Presidential aspirant shall be invalid and in addition the Presidential aspirant shall be disqualified to vote or contest for any elective office or post for a period of ten years.
(2) The expression, "corrupt practice" as used in this Act, means any of the following offences-
(a) personation; or
(b) treating; or
(c) undue influence; or
(d) bribery; or
(e) aiding, abetting, counselling or procuring the commission of any of the aforesaid offences.
(3) A corrupt practice shall be deemed to have been committed by a Presidential aspirant if it is committed in his favour with his knowledge or consent or with the knowledge or consent of a person who is acting under the general or special authority of the Presidential aspirant with reference to the primary election.

(1) A person who, at a primary election, votes in the name of some other person whether that name be the name of a person living or dead or a fictitious person or who, having voted once at any primary election votes a second time in his own name, or in the name of any other person living or dead or of a fictitious person, is guilty of the offence of personation.
(2) A person who is guilty of personation or aiding, abetting, counselling or procuring the commission of the offence of personation, is guilty of an offence and liable on conviction to imprisonment for a term of one year or to a fine of N1,000 or to both such imprisonment and fine.

The following persons shall be deemed guilty of treating-(a) a person who corruptly, by himself or by any other, either before, during or after the primary election, directly or indirectly gives or provides, pays wholly or in part the expenses of giving or providing any food, drink, entertainment or provision to or for any person for the purpose of corruptly influencing that person or any other person to vote or refrain from voting at a primary election or on account of a person or any other person having voted or refrained from voting at the primary election; and
(b) a voter who corruptly accepts or takes any such food, drink or entertainment.

A person who directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint or inflicts or treatens to inflict by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel a person to vote or refrain from voting, or on account of such person having voted or refrained from voting at a primary election, or who by abduction, duress or any fraudulent device or contrivance impedes or prevents the free use of the vote by any voter or thereby compels, induces, or prevails upon any voter either to give or refrain from giving his vote at a primary election is guilty of undue influence.

(1) The following persons shall be deemed guilty of bribery-
(a) a person who, directly or indirectly by himself or by any other person on his behalf, gives, lends or agrees to give or lend or offers promises or promises to procure or to endeavour to procure, any money or valuable consideration to or for any voter or to or for any person on behalf of any voter or to or for any other person in order to induce any voter to vote or to refrain from voting or corruptly does any such act aforesaid on account of such voter having voted or refrained from voting or corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting, at a primary election;
(b) a person who directly or indirectly, by himself or by any other person on his behalf corruptly gives or procures or promises to procure or to endeavour to procure any office, place, employment to or for a vote or to or for any person in order to induce such voter to vote or refrain from voting or corruptly does any such act as aforesaid on account of any voter having voted or in order to induce the voter to vote or refrain from voting or corruptly does any such act as aforesaid on account of a voter having voted or refrained from voting, at primary election;
(c) a person who directly or indirectly, by himself or by any other person on his behalf makes any gift, loan, offer, promise, procurement or agreement to or for any person or community in order to induce such person or community to procure or to endeavour to procure, the return of a person as a Presidential candidate or the vote of a voter, at primary election;
(d) a person who, upon or in consequence of the gift, loan, offer, promise, procurement or agreement, procures, or engages or promises or endeavours to procure the return of any person as a Presidential candidate or the vote of any voter, at a primary election.
(e) a person who advances or pays or causes to be advanced or paid any money to or for the use of any person, with the intent that such money or any part thereof, shall be expended in bribery at a primary election or who knowingly pays, or causes to be paid, any money to any person, in discharge or repayment of any money wholly or in part expended in bribery, at a primary election ;
(f) a voter who, before or during a pimary election, directly or indirectly by himself or by any other person on his b.ehalf, receives, agrees or contracts for any maner, gift, loan or valuable consideration, office, place or employment, for hlmself or for any other person, for voting or agreeing to vote or for refraining from voting at a primary election;
(g) a person who, after a primary election, directly or indirectly, by himself of by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at a pnmary election.
(2) The provisions of subsection (1) of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bona fide incurred at or concerning a primary election.

(1) A person who is guilty of bribery, treating, undue influence,personation or aiding, abetting, counselling or procuring the commission of any of those offences, is liable on conviction to imprisonment for 2 years or to a fine of N5,000 or to both such imprisonment and fine.
(2) A person who is convicted of bribery, treating, undue influence or personation, or of aiding, abetting, counselling, shall in addition to any other punishment, be deemed incapable, during a period of five years from the date of his conviction-
(a) of being registered as a voter or voting at an election ;
(b) of being elected into any post or office or if elected before his conviction, of retaining his seat or post.

(1) A person who-
(a) forces or fraudulently defaces or fraudulently destroys a nomination paper, or delivers to the officer charged with the conduct of a primary election any nomination paper, or document knowing the same to be forged; or
(b) forges, counterfeits or fraudulently destroys any document or Party's membership card or the official mark on any such document or Party's card or any statement of result; or
(c) fraudulently takes out of the polling station a Party's membership card; or
(d) without due authority, destroys, takes, opens or otherwise interferes with any other documents then in use for the purposes of the primary election, is guilty of an offence.
(2) A person who is guilty of an offence under subsection (1) of this Act is liable on conviction to imprisonment for 2 years or to a fine of N5,000 or to both such imprisonment and fine.
(3) An attempt to commit an offence specified in subsection (1) of this section shall be punishable in the same manner in which the offence is punishable.
(4) In a prosecution for an offence in relation to the nomination papers polling documents and the marking instruments at a primary election held under this Act, the property in the nomination papers, polling documents and marking documents may be stated to be in the Party concerned or in the officer charged with the conduct of the primary election.

A Presidential aspirant who forges, alters, or falsifies any documents or gives any false information to his Party for the purpose of nomination as a Presidential aspirant shall be disqualified as a Presidential aspirant for the primary elections.

(1) A person who-
(a) votes, induces or procures any person to vote at a primary election knowing that he or the person is prohibited by this Act or by any other law or Party guidelines from voting at a primary election; or
(b) before or during a primary election, knowingly or recklessly publishes any false statement of the withdrawal of a Presidential aspirant at the primary election for the purpose of promoting or procuring the election of another presidential aspirant, is guilty of an offence under this section.
(2) A person who is guilty of an offence under subsection (1) of this Act is liable on conviction to a fine of N2,000 or to imprisonment for 1 year or to both such fine and imprisonment.

A person who wilfully votes at the primary elections in the ward in respect of which his name does not appear on the Party register of members is guilty of an offence and liable on conviction to imprisonment for 2 years or to a fine of N5,000 or to both such imprisonment and fine.

A person who is convicted of an offence under section 14, 15, or 16 of this Act shall (in addition to any other punishment) not be eligible, during the period of three years after the date of his conviction-(a) to vote at a primary election in any State or the Federal Capital Territory, Abuja ; or
(b) to being elected into any post or office or if elected before his conviction, of retaining his office or seat.

A person who at any polling station acts or incites others to act in a disorderly manner is guilty of an offence and liable on conviction to imprisonment for a term of one year or to a fine of N1,000 or to both such imprisonment and fine.

(1) No person shall, on the date or dates upon which a poll is taken in respect of a primary election-
(a) convene, hold or attend any public meeting;
(b) operate any megaphone, amplifier or public address apparatus in that constituency for the purposes of making announcements concerning the primary election provided that this paragraph shall not apply to the operation of any such apparatus, by an officer appointed under this Act, for the purposes of making official announcements relating to the primary election.
(2) No person shall on the date or dates on which a poll is taken at any polling station commits any of the following acts within the polling station or in any public or private place within a distance of two hundred metres of the polling zone or station-
(a) canvassing for votes;
(b) soliciting the vote of any voter;
(c) persuading any voter to vote for a particular Presidential aspirant
(d) persuading any voter not to vote at a primary election;
(e) wearing, exhibiting or tendering any notice, sign, token, symbol, slogan, badge, photograph or party card referring to the primary election ; or
(f) shouting slogans concerning the primary election.
(3) No Presidential aspirant or other person with the connivance of a Presidential aspirant shall, whether on payment or otherwise, use, hire or procure any vessel or vehicle for the conveyance of any voter (other than the Presidential aspirant himself or his agent) to or from a polling station.
(4) No person shall bring alcoholic liquor into a polling station or a place being used for the counting of votes or shall consume alcoholic liquor in any such place.
(5) No political or Party office holder shall on the date or dates on which poll is taken at any polling station commit any of the following acts within the polling station in any public or private place within a distance of two hundred metres of the polling zone or station-
(a) use a siren on any vehicle or any mechanical or electronic device;
(b) operate any public address system or use any print or electronic media for the purpose of making any announcement concerning the primary election.
(6) The persons to whom this section applies are-
(a) party officials other than those charged with specific for the conduct of the primary election ;
(b) Governors, Deputy-Governors, members-elect of the National Assembly and members of the State Legislative Houses, Commissioners Directors-General and other public officers other than those charged with specific duties for the conduct of the primary election.
(7) A person who contravenes any of the provisions of subsection (1), (2), (3), (4) or (5) of this section is guilty of an offence and liable on conviction to a fine of N5,000 or to imprisonment for 2 years or to both such fine and, imprisonment and shall in addition be disqualified to vote or to contest for elective office or post for a period of 5 years beginning from the date of his conviction.

A person, who at a public gathering for primary election purposes or at any other place designated for a primary election-(a) acts or incites another to act in a disorderly manner for the purpose of preventing the transaction of the business for which the gathering was called ; or
(b) has in possession any acid, offensive weapon or missile or uses any such acid or offensive weapon or missile on another person, is guilty of an offence and liable on conviction to a fine of N5,000 or imprisonment for 3 years or to both such fine and imprisonment.

(1) An offence committed under this Act shall be triable at the High Court of the State (including the High Court of the Federal Capital Territory, Abuja) concerned or in the Federal High Court within the State concerned.
(2) For the purpose of speedy dispensation, priority shall be accorded to all cases brought under this Act.

(1) A prosecution under this Act shall be undertaken by the Attorney-General of the State in which the offence is committed or by an officer authorised by him in that behalf.
(2) Any disqualification under this Act shall be undertaken by the Commission pursuant to the Participation in Politics and Elections (Miscellaneous Provisions) Act 1991, as amended. [1991 No. 48.]

The Commission shall maintain records of convictions in respect of all persons convicted under this Act, including the names, photographs and finger prints of all such persons.

In this Act, unless the context otherwise requires-
"Commission" means the National Electoral Commission;
"Parties" means the National Republic Convention and the Social Democratic Party and "Party" means the National Republic Convention or the Social Democratic Party ;
"Primary Election" means a Presidential Primary Election.

This Act may be cited as the Presidential Primary Elections (Basic Transitional Provisions) Act 1992.