In Nigeria, attacking opposition parties during meetings and destroying party structures is not treated as “politics” – it is treated as multiple crimes at once.
This falls under three layers of law:
The 1999 Constitution Violations
Section 40: Every person is entitled to assemble freely and associate with other persons, particularly to form or belong to any political party.
Section 39: Freedom of expression, including political expression at rallies/meetings.
Section 33: Right to life – if violence causes death or serious injury.
Section 43 & 44: Right to own property – destruction of party secretariats, billboards, vehicles is a direct breach.
When a party sponsors thugs to disrupt another party’s meeting, it is violating constitutionally guaranteed rights.
Electoral Act 2022 / 2026 – This is where the specific penalties are
INEC has been very vocal on this ahead of 2027:
Section 92 – Prohibition of certain conduct at political campaigns: Prohibits use of abusive language, physical attacks on opponents, and destruction of campaign materials during rallies.
Section 93 – Prohibition of use of force or violence during political campaign
Section 92 in plain language: The Act prohibits the use of violence, threats, or intimidation during political activities and elections.
Section 95 – Campaign security architecture: Outlines security arrangements for political rallies, with the Nigeria Police Force and NSCDC expected to protect all parties. The law also says no state shall create an advantage or disadvantage for any party during campaigns.
Penalties under Section 96(7):
For individuals / candidates: maximum fine of N5 million or 12 months imprisonment for relevant offences
For political parties: N10 million for first offence, N2 million for subsequent offences. INEC can also issue queries and impose administrative sanctions.
The Police are empowered to arrest both the attackers and their sponsors and prosecute accordingly.
Criminal Law – Outside the Electoral Act
Even without INEC, the act is criminal under the Penal Code and Criminal Code
Unlawful assembly, rioting, affray – meeting to intimidate opposition
Assault, grievous hurt, attempted murder
Criminal trespass and mischief / malicious damage – for destroying structures
Arson – if buildings are burnt
Criminal conspiracy – when party leadership sponsors it
These carry far heavier sentences than the Electoral Act fines – up to life imprisonment for arson or homicide.
Political / Civil Implications
Civil liability:
The attacked party can sue for damages.
The sponsoring party can be held vicariously liable if it is proven its officials funded or directed the attack.
INEC sanctions: INEC can monitor campaigns and enforce compliance with the Code of Conduct for Political Parties.
Repeated violence can lead to stronger scrutiny and referral to the Attorney-General for prosecution. There is also ongoing push for an Electoral Offences Commission to prosecute.
Disqualification and party deregistration risk:
While the Constitution protects parties, Section 227 of the Constitution prohibits parties from retaining or organizing militias or quasi-military groups.
A party found doing so can face legal action from INEC.
Democratic cost:
Attacks on opposition actors and party structures are now treated as attacks on the republic itself, licensing a political culture of fear.
It erodes public trust and invites federal intervention.
What should happen in practice?
Report immediately to the Police and NSCDC, citing Electoral Act Sections 92/93.
Petition INEC with video/photo evidence – INEC has a duty to document electoral offences.
Preserve evidence of destroyed structures for both criminal case and civil claim for compensation.
Parties should invoke the Inter-Party Advisory Council (IPAC) peace accord mechanism.
– Benjamin Ibrahim writes from Lokoja, Kogi state.
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