Nigerian Lawmakers Propose Stiffer Penalties for Exam Malpractice Amid Public Outcry

 

A newly introduced bill by the House of Representatives prescribing stringent penalties for examination malpractices has ignited a heated national conversation, with critics questioning the priorities of Nigerian lawmakers.

The proposed law, titled “Examination Malpractices Act (Repeal and Enactment) Bill, 2025 (HB2097),” was presented to the House on March 6, 2025, by Esosa Iyawe, who represents the Oredo Federal Constituency. Awaiting its second reading, the bill seeks to repeal the existing Examination Malpractice Act Cap. E15, Laws of the Federation of Nigeria, 2004, replacing it with broader provisions, more modern regulations, and tougher consequences for offenders.

According to the bill’s explanatory memorandum, it aims not only to introduce non-custodial penalties but also to expand the list of offenses and strengthen punishment for breaches related to examinations in Nigeria.

Among its many provisions, the bill prescribes a five-year jail term or a fine of ₦500,000—or both—for anyone found guilty of leaking exam questions. Minors convicted of engaging in exam malpractice may face up to three years in jail but would be handled under the Child Rights Act. The legislation identifies offenses ranging from impersonation and the unauthorized possession of exam materials to the use of technological devices during exams.

In cases involving educators and officials, the proposed penalties are notably harsher. Teachers, invigilators, supervisors, examiners, and any personnel affiliated with examination bodies who are found guilty of malpractice would face a mandatory four-year prison sentence without the option of a fine.

Equally, exam markers and evaluators caught tampering with scores or aiding candidates fraudulently could face up to four years in prison or a fine of ₦400,000—or both. Even candidates caught stealing or attempting to steal question papers or answer scripts may face penalties of up to three years imprisonment or a ₦500,000 fine.

Furthermore, the bill outlines that impersonators—whether students or adults—could face similar punishment, with no option of fine for school staff involved. It also criminalizes any unauthorized communication intended to aid cheating, with different levels of punishment depending on the offender's role or age.

Since details of the bill emerged, reactions have been sharply divided. Critics have lambasted lawmakers for what they describe as a misplacement of legislative focus, especially at a time when Nigeria is grappling with more pressing challenges such as widespread insecurity, terrorism, and kidnappings.

Chief Maxi Okwu, former national chairman of the All Progressives Grand Alliance (APGA) and a lawyer, did not mince words in his criticism. He described the lawmakers as “idle,” arguing that the proposed legislation distracts from more urgent national concerns.

“I think those lawmakers are idle. There are more important issues to tackle,” Okwu told Daily Post. “It is not as if I am encouraging exams malpractice, but to me, it is not a priority matter. 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.”

While he acknowledged that cheating in exams should not be condoned, Okwu questioned the necessity of revamping existing laws when Nigeria is yet to fully enforce the current provisions. “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.”

Still, not everyone is opposed to the bill. Some Nigerians have applauded the move, saying it could act as a deterrent and help restore integrity to the country’s examination system, which has for years been plagued by misconduct and fraud. Supporters argue that education is the bedrock of development and that without academic credibility, the nation’s future remains compromised.

As the bill awaits its second reading in the House, the debate over its relevance, timing, and potential impact continues to intensify. Whether it will pass into law in its current form remains to be seen—but one thing is clear: the issue has stirred a broader conversation about governance, priorities, and the role of education reform in Nigeria's national agenda.