Education
Reps Propose 5-Year Jail Term for Students Caught in Examination malpractice
- Under the proposed law, individuals convicted of leaking examination questions could face a five-year jail term, a N500,000 fine, or both.
- The bill was sponsored by Esosa Iyawe
- Persons under the age of 18 found guilty of utilizing technological devices during examinations could face similar penalties.
The House of Representatives is considering a bill that imposes harsher penalties on individuals convicted of engaging in examination malpractices, Eko Hot Blog reports
The proposed legislation, known as the “Examination Malpractices Act (Repeal and Enactment) Bill, 2025 (HB2097),” was introduced on March 6 and is currently awaiting its second reading.
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Sponsored by Esosa Iyawe, the bill aims to strengthen the consequences for those found guilty of leaking examination questions or engaging in other forms of examination misconduct.
Under the proposed law, individuals convicted of leaking examination questions could face a five-year jail term, a N500,000 fine, or both.
Additionally, those under 18 years of age found guilty of engaging in examination malpractices could be subject to a three-year jail term.
The bill, according to its explanatory memorandum, is seeking 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.”
It further states that minors convicted under the proposed law shall be treated in accordance with the Child Rights Act.
The bill stipulates that individuals who procure any examination question paper—genuine or not—are subject to a fine of N500,000, a three-year jail term, or both, if convicted.
Moreover, persons under the age of 18 found guilty of utilizing technological devices during examinations could face similar penalties.
In cases where educators or examination administrators such as principals, teachers, invigilators, supervisors, examiners, or other agents are involved in malpractices, the proposed legislation imposes even more stringent consequences.
If convicted, these professionals would face a mandatory four-year jail term without the option of a fine.
Also, the parliament is proposing a N400,000 or four years imprisonment or both for any person engaged to mark examination papers, “who, without lawful excuse, alters or otherwise tampers or attempts to alter or tamper with the scores of a candidate as recorded by another person; or (b) employed by an examination body, who before, during or after an examination, fraudulently or without lawful authority, alters or otherwise tampers with the scores of a candidate or aids or abets any candidate to cheat at an examination.”
Similarly, Section 4 of the proposed legislation stipulates that, “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 proposes for individuals found guilty of impersonating candidates in examinations will face severe penalties.
Offenders may be subject to a fine of N500,000, imprisonment for up to three years, or both if they are under 18 years old.
For education professionals, administrators, or examination staff, including principals, teachers, invigilators, supervisors, examiners, agents, or employees, the consequences are even more severe.
If convicted, these individuals would face a mandatory four-year jail term without the 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.
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.
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“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.
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