The recent decision by members the House of Representatives to impose a five-year prison sentence, a N500,000 fine, or both on anyone found guilty of leaking exam questions, as well as a three-year prison sentence for those under the age of 18 have been met with mixed reactions.
The proposed legislation, known as the “Examination Malpractices Act (Repeal and Enactment) Bill, 2025(HB2097),” was introduced on March 6, 2025, and is presently awaiting second reading.
The bill’s explanatory memorandum stated that it aimed to repeal “The Examination Malpractice Act Cap. E15, Laws of the Federation of Nigeria, 2004 and enact the Examination Malpractices Act, 2025, to provide for non-custodial penalties, expand offences relating to the examination malpractices, and prescribe adequate punishment for such offences.”
According to the bill, anyone who purchases a question paper for use in a national examination—regardless of whether the question is legitimate—or who uses a technological device during an exam is guilty of a crime and faces a maximum sentence of three years in prison, a fine of N500,000, or both for those under the age of eighteen.
However, if a principal, instructor, invigilator, supervisor, examiner, agent, or employee of the examination body is involved in the administration of an exam, they will be subject to a four-year prison sentence without the possibility of a fine.
The bill further stated that anyone found guilty of impersonating a candidate in an examination faces a maximum penalty of three years in prison, a fine of N500,000, or both. For individuals under the age of eighteen, the penalty is three years in prison; for principals, teachers, invigilators, supervisors, examiners, agents, or employees of the examination body responsible for administering the exam, the penalty is four years in prison without the possibility 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.”
Section 6(2) and (3) provides 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.”
Following the proposal of this malpractice bill, national chairman of the All Progressives Grand Alliance, APGA, and lawyer, Chief Maxi Okwu has stated that the lawmakers made such decision out of idleness.
He said “I think those lawmakers are idle. There are more important issues to tackle,” he told DAILY POST.
“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.
“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.
“There is already a punishment for exam malpractice. Increasing it may be useful later but for now, that is not a priority to me” he added.
Adekunle James, a public affairs expert and lawyer, questioned the moral character of the politicians advancing the bill.
James said “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.
“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 of out of reach of so many Nigerians due to the removal of subsidy on petroleum products and some lawmakers are talking about examinations malpractice.
“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?
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