Ibrahim K. Bawa Esq. make use of or threaten anybody with force, violence or restrain or inflict or threaten to inflict any injury, harm or loss, abduction, duress, use of fraudulent device or contrivance to impede or prevent a voter from free use of his voter's card or to prevent a political party or its candidate from campaigning. This offence is punishable with a fine of N1, 000,000.00 or 3 years imprisonment. 3.12 Security and sanctity of ballot. These are governed by Sections 52(1), 53(1), 63 and 68 of the Electoral Act 2010(as amended). a) The Nigeria Electoral Act provides that voting shall be by open secret ballot. The procedure allows a voter to cast his vote in secret but deposits the ballot in the full view of all present at the polling station. This is referred to as the modified open secret ballot system. b) No voter shall vote more than once at an election or vote for more than one candidate at an election; c) The votes cast by the voters at the polling units must be counted and recorded accurately in favour of the candidates; d) The result declared by the Returning Officer shall be final, subject to review by the Court or Tribunal only. 3.13 Enforcement of security The laudable provisions of the Electoral Act which are aimed at securing the electoral process suffer some 38 ELECTION SECURITY IN NIGERIA: MATTERS ARISING Legal Constraints to Election Security in Nigeria setbacks particularly with respect to the enforcement of the provisions of the Electoral Act. The Security Agencies whose general duty is the enforcement and maintenance of law and order in every circumstance seem to shy away from same when it comes to election matters. The Police have insisted that they do not have instructions from the Independent National Electoral Commission(INEC) to arrest offenders on Election Day. The provision of Section 59 of the Electoral Act 2010(as amended) which empowers the presiding officer to order the police to arrest persons impersonating at election is misinterpreted to mean that police cannot arrest election offenders unless ordered by INEC. The Nigerian Army is by law not allowed to intervene in civil matters, election being one. The Nigerian Army is therefore not deployed to maintain peace at polling units. Military personnel, if they must be used, are strategically deployed to forestall violence and do not have power to deal with electoral offenders. 3.14 Prosecution of electoral offences Section 150 of the Electoral Act 2010(as amended) Section 150 of the Electoral Act 2010(as amended): ELECTION SECURITY IN NIGERIA: MATTERS ARISING 39