Picture of Ademola Adeleke and Francis Fadahunsi. Photo Source: Channels TV
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As the Osun State governorship election scheduled for Saturday, Aug. 15, 2026, draws near, political activities have intensified across the state.
But amid the campaigns, concerns over political violence have continued to emerge. A recent viral video showed Francis Fadahunsi, the senator representing Osun East Senatorial District, addressing supporters during a protest at the palace of the Owa Obokun of Ijesaland in Ilesa.
The protest followed reports of killings involving members of the All Progressives Congress (APC) in the area.
In the video, Fadahunsi, who spoke in Yoruba, was heard telling supporters that if they saw members of the Accord Party in Ilesa before the election, they should “kill” them.
The statement sparked reactions from political actors and members of the public, with concerns that it could incite violence ahead of the election.
Fadahunsi later clarified the statement, saying he was not calling for physical violence. According to him, his use of the word “kill” was metaphorical and meant that APC supporters should defeat the Accord Party with their votes at the ballot box.
The controversy has nevertheless raised an important question: what does Nigerian law say about threats, intimidation and violence during an election?
DUBAWA examines the relevant provisions of the law and what they mean for political participation and electoral freedom.
What does the law say?
To understand what the law says about threats and violence during elections, DUBAWA spoke with Amina Miango, a legal compliance expert and chartered mediator who explained the relevant provisions of the Electoral Act 2026.
According to Amina, Section 97 of the Electoral Act 2026 specifically addresses the use of force or violence during political campaigns.
She explained that the provision prohibits a political party, candidate, aspirant, person or group of persons from directly or indirectly threatening anyone with the use of force or violence during a political campaign.
This applies where the intention is to compel that person or another person to support or refrain from supporting a political party or candidate.
“A person or group of persons who contravene the provision commits an offence and, upon conviction, may be liable to a fine of up to N5 million or imprisonment for up to 12 months, or both,” she said.
Amina added that where a political party is involved, the Act provides for a N10 million fine for a first offence and N2 million for subsequent offences.
DUBAWA also spoke with Francis Ochei, a legal practitioner at Veritas University, who drew attention to another provision of the Electoral Act 2026.
According to Francis, Section 132 of the Act specifically addresses threatening during an election.
He explained that the provision makes it an offence for a person to directly or indirectly use, or threaten to use, force, violence, or restraint.
It also covers situations where a person inflicts or threatens to inflict injury, damage, harm, or loss on another person to induce or compel that person to vote or refrain from voting, or because the person has voted or refrained from voting.
“The provision also criminalises preventing a political aspirant from freely using the media, designated vehicles, mobilisation of political support and campaigning at an election. A person found guilty may be liable to a fine of N2 million or imprisonment for three years,” Ochei said.
This means that electoral threats are not limited to what happens inside a polling unit. Conduct before or during an election that involves threats, intimidation or the use of force to influence how people participate or vote may also fall within the scope of the law.
“For example, if a person threatens another individual with violence because of how that person intends to vote, because they voted for a particular candidate, or to prevent them from participating in political mobilisation, the conduct could fall within the scope of Section 132,” Ochei concluded.
Does the Constitution protect people from such threats?
She explained that Section 33 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, guarantees every person the right to life.
The Constitution provides that every person has a right to life and that no one should be intentionally deprived of life except in circumstances recognised by law, such as the execution of a lawful sentence of a court.
According to Amina, political disagreements or differences in political affiliation do not remove this constitutional protection.
“In other words, supporting a particular political party or candidate cannot lawfully make a person a target for violence or a threat to their life,” she said.
Francis also cited a Supreme Court decision, Abubakar v. Yar’Adua (2008) 19 NWLR (Pt. 1120) 1, to explain the importance of creating a safe environment for electoral participation.
The Supreme Court recognised an election as a process that spans a period of time and consists of a series of actions, from voter registration through to polling, rather than an event limited to election day.
According to him, this means that for an election to be meaningful, citizens and political actors must be able to participate in the electoral process without unlawful intimidation or restrictions.
“This includes the ability to campaign, mobilise supporters, associate with political parties and ultimately cast a vote freely,” he said.
Therefore, the right to participate in an election goes beyond simply being allowed to enter a polling unit and cast a ballot. The environment leading up to the election must also allow citizens and political actors to participate without threats or intimidation.
