Reps. 5years jail For Exam Malpractices divides Nigerians

The proposed “Examination Malpractices Act (Repeal and Enactment) Bill, 2025” has sparked mixed reactions among Nigerians. The bill, sponsored by Esosa Iyawe, aims to repeal the existing Examination Malpractice Act of 2004 and introduce stiffer penalties for examination malpractices.

Key Provisions of the Bill:

• Leaking Exam Questions: 5-year jail term or N500,000 fine or both for individuals convicted of leaking exam questions
• Minors: 3-year jail term or N500,000 fine or both for persons under 18 years old convicted of exam malpractice
• Educational Staff: 4-year jail term without option of fine for principals, teachers, invigilators, supervisors, examiners, or agents involved in exam malpractice
• Tampering with Scores: N400,000 fine or 4-year imprisonment or both for altering or tampering with candidate scores

Reactions from Nigerians:

• Chief Maxi Okwu: Former APGA national chairman believes lawmakers are “idle” for prioritizing exam malpractice over pressing issues like terrorism and banditry. “I think those lawmakers are idle. There are more important issues to tackle.”
• Adekunle James: Lawyer and public affairs analyst questions lawmakers’ moral standing, citing allegations of forged certificates. “So, for anybody to abandon all the problems that Nigerians are facing and be talking about a non-issue like exam malpractice is most unfortunate.”

Concerns and Criticisms:

• Lawmakers’ priorities are misplaced, neglecting critical issues affecting Nigerians
• Existing laws against exam malpractice are sufficient, and increased penalties may not be necessary
• Bill may not address root causes of exam malpractice, such as inadequate educational resources.

The proposed legislation, titled “Examination Malpractices Act (Repeal and Enactment) Bill, 2025 (HB2097),” introduced by the representative of Oredo Federal Constituency, Esosa Iyawe, was presented on March 6, 2025, and is currently pending a second reading.

According to its explanatory memorandum, the bill aims to repeal “The Examination Malpractice Act Cap. E15, Laws of the Federation of Nigeria, 2004,” and enact the Examination Malpractices Act, 2025, which seeks to provide non-custodial penalties, expand the list of offences related to examination malpractices, and establish appropriate punishments for such offences.

Additionally, it specifies that minors convicted under this proposed law will be treated in accordance with the Child Rights Act.

The legislation asserts that anyone who procures an examination question paper, regardless of its authenticity, and any person who employs a technological device during an examination, is committing an offence and, upon conviction, will face a fine of N500,000 or imprisonment for a maximum of three years, or both if they are under 18.

However, for principals, teachers, invigilators, supervisors, examiners, agents, or employees of the examination body involved in administering an exam, the offence attracts a four-year jail sentence without the option of a fine.

Furthermore, the parliament is proposing penalties of N400,000 or four years in prison, or both, for any individual marking exam papers who, without valid justification, alters or attempts to tamper with a candidate’s scores as recorded by someone else; or for someone employed by an examination body who, before, during, or after an examination, fraudulently alters or tampers with a candidate’s scores or helps a candidate cheat in exam malpractices.

In a similar vein, Section 4 of the proposed legislation states, “A candidate, who at any examination, by any fraudulent trick or device or with intent to cheat or secure an unfair advantage for himself or any other person, steals or otherwise appropriates or takes a question paper, an answer sheet or a script of any other candidate, commits an offence and is liable on conviction to a fine of N500,000 or imprisonment for a term not exceeding three years or both.”

The bill specifies that any individual impersonating a candidate during an examination will face a fine of N500,000 or imprisonment for a term not exceeding three years, or both, in the case of someone under 18. For principals, teachers, invigilators, supervisors, examiners, agents, or employees of an examination body involved in administering an examination, the punishment is a four-year prison sentence without an option of a fine.

According to Section 6(1) of the proposed law, “A candidate at an examination, who leaves the venue of the examination and mixes up with any other person with intent to cheat or secure any unfair advantage for himself or any other person in the examination, commits an offence and is liable on conviction to a fine of at least N300,000 or imprisonment for a term not exceeding three years or both, and in addition, the candidate shall not be allowed to re-enter the examination hall or any other place to continue with that examination.”

Sections 6(2) and (3) outline that “A person who (a) without lawful excuse, with intent to aid a candidate to cheat or secure any unfair advantage for himself or any other person at the examination, communicates or attempts to communicate to the candidate any information relating to any question paper in the examination; or (b) not being involved in the conduct of the examination, is found in or near the examination hall or any other place appointed for the examination with intent to aid a candidate to cheat or secure an unfair advantage for a candidate at the examination, commits an offence.”

“A person guilty of an offence under sub-clause (2) of this section is liable on conviction (a) in the case of a person under the age of 18 years, to a fine of N500,000 or imprisonment for a term of not more than three years or to both; (b) in the case of a principal, teacher, an invigilator, a supervisor, an examiner, or an agent or employee of the examination body concerned with the conduct of an examination, to imprisonment for a term of four years without the option of a fine.”

Since the proposal became public knowledge, Nigerians have voiced their diverse opinions.

While some dismiss the lawmakers.

The lawmakers are idle individuals who have forsaken significant issues affecting Nigerians to pursue trivial matters, others argue that the legislation has merit in its entirety and could limit exam malpractices.

One critic, Chief Maxi Okwu, a former national chairman of the All Progressives Grand Alliance (APGA) and a lawyer, claimed the lawmakers were “idle.” He stated, “There are more important issues to tackle.”

Even though he emphasized his disapproval of examination malpractice in any form, he contended that, given the pressing problems facing the nation, this issue should not have drawn lawmakers’ attention while terrorists and bandits wreak havoc across the country. He remarked, “It is not as if I am encouraging exams malpractice, but to me, it is not a priority matter. It is not a priority at all; look at kidnappers, bandits and terrorists that go away with mayhem; they don’t want to do anything about that, it is to go after school children who engage in what I may call some malfeasance.”

He continued, “Yes, there should be punishment, and by the way there is punishment already for examination malpractice in Nigeria, but like I said, if you want to improve the law, fine. But there are more important things facing the nation that they should give their attention to.”

Additionally, Adekunle James, a lawyer and public affairs analyst, raised concerns regarding the integrity of the lawmakers behind the exam malpractices bill. He pointed out that many of them are in the national assembly with forged secondary school certificates and should not address examination malpractice.

He further asserted that existing laws against examination malpractice in Nigeria are sufficient to tackle the problem. “So, for anybody to abandon all the problems that Nigerians are facing and be talking about a non-issue like exam malpractice is most unfortunate.”

James posed critical questions, asking, “Are the lawmakers not aware of what Nigerians are going through? Nigerians are being killed like chickens in their homes by bandits and terrorists; nowhere is safe; People can’t feed; they can’t afford ordinary medication for malaria; house rent is rising every year; transportation cost is out of reach for so many Nigerians due to the removal of subsidy on petroleum products and some lawmakers are talking about examination malpractice.”

He challenged the focus of the lawmakers: “Are they supposed to be debating about examination malpractice in a country where people are not sure when death will come calling or where their next meal will come from? Are they not supposed to be making laws that will alleviate the sufferings of Nigerians and secure their lives from the criminal gangs in the name of bandits, terrorists and killer herdsmen?”

Expressing his frustration, he added, “Certain things are better left not discussed. These lawmakers will never cease to amuse us. So, of all the problems bedeviling us as a people, it is examination malpractice that they chose to single out and discuss?”

“This is a shame,” he concluded, offering a pointed suggestion to lawmakers: “My advice to them is to sit up and face their constitutional duty of ensuring that they make laws that will protect the lives and property of Nigerians, put food on their table and improve their general well-being.”