House of Reps’ Proposed Five-Year Jail Term for Exam Malpractice Draws Mixed Reactions

A bill currently under consideration in Nigeria’s House of Representatives seeking harsher penalties for examination malpractice has stirred a wave of mixed reactions across the country. Titled the *Examination Malpractices Act (Repeal and Enactment) Bill, 2025 (HB2097)*, the proposed legislation was introduced on March 6, 2025, by Esosa Iyawe, the lawmaker representing Oredo Federal Constituency, and is awaiting a second reading.

The bill proposes a five-year jail term or a N500,000 fine, or both, for anyone convicted of leaking examination questions. For minors under 18 involved in malpractice, the penalty is a maximum of three years imprisonment. The legislation aims to repeal the existing *Examination Malpractice Act Cap. E15, Laws of the Federation of Nigeria, 2004* and replace it with more comprehensive provisions that include non-custodial penalties and stricter consequences for offenders.

The bill prescribes specific penalties for different categories of offenders. For instance, education professionals such as principals, teachers, examiners, and supervisors found guilty of aiding malpractice would face four years imprisonment without the option of a fine. Markers who tamper with candidates’ scores, or staff of examination bodies who fraudulently adjust results, would be liable to a N400,000 fine, four years in prison, or both.

It also targets candidates who steal question papers, impersonate others, or leave the exam hall to obtain unfair advantage. Such candidates may face fines ranging from N300,000 to N500,000 or up to three years in prison. Persons aiding candidates outside the exam hall, including those found nearby with the intent to help cheat, would also be penalized under the proposed law.

However, the bill has drawn criticism from some Nigerians who question its timing and priority. Former APGA national chairman and legal practitioner, Chief Maxi Okwu, described the initiative as misplaced. He argued that while examination malpractice is wrong, it pales in comparison to the more pressing security and economic crises confronting the country. “There are more important issues to tackle,” he said, pointing to the ongoing threats of terrorism, banditry, and widespread hardship.

Public affairs analyst Adekunle James also criticized the lawmakers, questioning their moral authority on the issue. He accused many of them of possessing questionable academic qualifications and argued that existing laws on examination malpractice are already sufficient. “This is a shame,” he remarked. “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?”