ELECTORAL ACT, 2002
ARRANGEMENT OF SECTIONS
SECTION
PART 1 - NATIONAL REGISTER OF VOTERS AND VOTERS’ REGISTRATION
1. National Register of Voters and Voters’ Registration
2. Qualification for Registration
3. Transfer of Registered Voters
4. Appointment of Officers
5. Custody of the Voters Register
6. Demand for Information regarding Registration
7. Power to Print and Issue Voters’ Cards
8. Power to Issue Duplicate Voters’ Cards
9. Power to print and issue Register of Voters
10. Display of copies of Voters List
11. Revision officer for hearing of claims, etc.
12. Proprietary Right in Voters’ Card
13. Offence of Buying and Selling Voters’ Cards
14. Offences relating to Registration of Voters
PART II - PROCEDURE AT ELECTION
15. Day for Election.
16. Postponement of Elections
17. Announcement of Election Results
18. Appointment of LGA Electoral officers, and Oath of Loyalty by Election
Officers
19. Appointment of other officers for the conduct of elections
20. Notice of Election
21. Submission of List of Candidates and their Affidavits by Political Parties
22. Prohibition of Double Nominations, etc.
23. Political Party changing candidate
24. Publication of nomination
25. Withdrawal of Candidate
26. Death of a Candidate
27. Invalidity of Double Nomination
28. Failure of Nomination
29. Campaign for Election
30. Contested Election
31. When Poll is required
32. Uncontested Election
33. Establishment of Polling Stations
34. Ballot Boxes
35. Format of Ballot Paper
36. Polling Agents
37. Notice of Poll
38. Hour of Poll
39. Display of Ballot Boxes
40. Issue of Ballot Papers
41. Right to challenge issue of Ballot Paper
42. Separate queues for men and women
43. Conduct of Poll by Open-Secret Ballot
44. Over Voting
45. Ballot not to be marked by voter for identification
46. Accidental destruction or marking of Ballot Papers
47. Blind and incapacitated voters
48. Personal Attendance
49. Voting at appropriate Polling Station
50. Impersonation by applicant for Ballot Paper
51. Tendered Ballot Paper
52. Conduct at Polling Stations
53. Closing of Polls
54. Counting of Votes and Forms
55. Recount
56. Post-election procedure and collation of election results
57. Rejection of Ballot Paper without official mark
58. Endorsement on rejected Ballot Paper
59. Decision of Returning Officer on Ballot Paper
60. Declaration of Results
61. Equality of Votes
62. Posting of Results
63. Custody of Documents
64. Step by Step recording of Poll
65. Result Forms to be signed and counter-signed
66. Certificate of Return at Election
67. Forms for use at Elections, etc.
PART III - POLITICAL PARTIES
68. Powers of the Commission to register Political Parties
69. Decision of the Commission subject to judicial review
70. Political Parties to be bodies corporate
71. Contravention of S. 227 of the 1999 Constitution
72. Symbols of Political Parties
73. Allocation of Symbols
74. Merger of Political Parties
75. Notice of Convention, Congress, etc
76. Monitoring of Political Parties
77. Offences in relation to finances of a Political Party
78. Period to be covered by Annual Statement
79. Statement as to Election Expenses
80. Grant to Political Parties for Election
81. Annual Grants to Political Parties for their operations
82. Eligibility to receive grant
83. Power to limit contribution to a Political Party
84. Election Expenses of Political Parties
85. Conduct of political rallies, and processions, etc
86. Prohibition of certain conducts, etc. at political campaign
87. Prohibition of Corrupt Practices
88. Prohibition of use of force or violence during political campaign
89. Conformity with the law
90. Effect on Elected Officer where Political Party ceases to exist
91. Saving of existing Political Parties
92. Limitation on political broadcasts and campaign by Political Parties
93. Limitation on political broadcasts and campaign by candidate
94. Limitation on political broadcasts and campaign by any other person
95. Prohibition of Broadcasts, etc 24 hours preceding or on polling day
96. Campaign based on religion, tribe, etc.
PART IV - PROCEDURE FOR ELECTION TO AREA COUNCIL
97. Power of Commission
98. Elections to offices of Chairman, Vice-Chairman, Councillor
99. Division of Local Government Area and Area council into Wards
100. Qualification
101. Disqualification
102. Date of Council Elections and method of Voting
103. Procedure for Area Council Election
104. Procedure for Nomination, etc. Area Council
105. Election of Area Council Chairman
106. Dissolution of Area Council
107. Vacation of seat of members
108. Procedure for Nomination, etc.
109. Recall
110. Voting by Open-Secret Ballot
PART V - PROCEDURE FOR LOCAL GOVERNMENT COUNCIL ELECTIONS
111. Procedure for Local Government Elections
112. Procedure for Nominations, etc.
113. Election of Chairman
PART VI - ELECTORAL OFFENCES
114. Offences in relation to Registration, etc.
115. Offences in respect of nomination, etc.
116. Disorderly behaviour at political meetings
117. Improper Use of Voters’ Cards
118. Improper Use of Vehicles
119. Impersonation and Voting when not qualified
120. Dereliction of Duty
121. Bribery and Conspiracy
122. Disqualification for certain corrupt practices
123. Requirement of Secrecy in Voting
124. Wrongful voting and false statements
125. Voting by Unregistered Person
126. Disorderly conduct at Elections
127. Offences on Election Day
128. Treating
129. Undue Influence
130. Offences Relating to Recall
PART VII - DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS
131. Proceedings to question an Election
132. Time for presenting Election petition
133. Persons entitled to present Election Petitions
134. Grounds for Petition
135. Certain Defects not to invalidate election
136. Nullification of election by Tribunal or Court
137. Accelerated hearing of election petitions
138. Person elected to remain in office pending determination of appeal
139. Procedure for Election Petition Schedule 1.
PART VIII - MISCELLANEOUS
140. Persons disqualified from acting as Election Officers
141. Loss of Registration Card
142. Election Expenses by the Commission
143. Secrecy of Ballot
144. Prosecution of Offence disclosed in Election Petition
145. Trial of Offences
146. Inspection of Documents
147. Custody of Documents
148. Delegation of Powers of the Commission
149. Regulations
150. Validation
151. Interpretation
152. Repeal of Electoral Act 2001
153. Citation.
SCHEDULES
FIRST SCHEDULE - Procedure of Election Petitions
SECOND SCHEDULE - Forms
ELECTORAL ACT, 2002
AN ACT TO REGULATE THE CONDUCT OF FEDERAL, STATE AND LOCAL
GOVERNMENT ELECTIONS AND TO REPEAL THE ELECTORAL ACT 2001; AND FOR CONNECTED
PURPOSES
ENACTED by the National Assembly of the Federal Republic of Nigeria as
follows:
PART 1:
NATIONAL REGISTER OF VOTERS AND VOTERS’ REGISTRATION
1. (1) No general election shall be conducted before the Commission has
concluded the compilation and updating of the National Voters Register, in this
Act referred to as the “Register of Voters”, which shall include the names of
all persons entitled to vote in any Federal, State, or Local Government
Election.
(2) The Commission shall maintain as part of the Register of Voters a Register
for Voters for each State of the Federation and the Federal Capital Territory.
(3) The commission shall maintain as part of the Register of Voters for each
state, and Federal Capital Territory, a Register of Voters for each Local
Government Area Council within the State and the Federal Capital Territory.
(4) The Register shall contain in respect of every person the particulars
required in Form EC. 1A in the schedule to this Act including the principal name
and such one or more further names by which a person is usually or may be known
and his address which for the purposes of this subsection may be the name of a
village or in the case of a town, the name of the street, if the Commission
thinks fit, but no person shall be registered under a principal name alone being
a single name or without his address.
(5) The registration of voters and/or the up-dating of the register of Voters
under this Section shall stop not later than 60 days before any Election covered
by this Act.
(6) At least 30 days before the commencement of the general registration
exercise aforesaid, the Commission shall issue to all the Political Parties a
booklet containing the full list of all the Registration Centres in the country.
(7) Every political party shall have the right to send up to two representatives
or agents to each Registration Centre to observe the registration exercises.
2. (1) A person shall be qualified for registration as a voter if such a
person:
(a) is a citizen of Nigeria;
(b) has attained the age of eighteen years;
(c) is ordinarily resident, works in, originates from, or is an indigene of the
Local Government Area or Ward covered by the Registration Centre;
(d) presents himself to the Registration Officers of the Commission for
registration as a voter within the period stipulated by the Commission for
registration of voters;
(e) is not subject to any legal incapacity to vote under any Laws, Rules or
Regulations in force in Nigeria;
(2) No person shall register in more than one registration centre or register
more than once in the same registration centre.
(3) Any person who contravenes the provisions of subsection (2) of this section
shall be guilty of an offence and liable on conviction to a fine not exceeding
N100,000 or imprisonment for a term not exceeding one year or both.
3. (1) A person who before the election is resident in a Constituency other
than the one in which he was registered may apply to the Resident Electoral
Commissioner of the State where he is currently resident for his name to be
entered on the Transferred Voters List for the Constituency.
(2) An application under subsection (1) of this Section shall be accompanied by
the applicant’s voters’ card and be made not less than 30 days before the date
of an election in the Constituency where the applicant is resident.
(3) The Resident Electoral Commissioner to whom an application is made under the
provision of this Section shall cause to be entered the applicant’s name in the
Transferred Voters’ List if he is satisfied that the applicant is resident in a
polling area in the Constituency and is registered in another Constituency.
(4) Whenever an Electoral Officer on the direction on the Resident Electoral
Commissioner enters the name of any person on the Transferred Voters’ List for
his Constituency he shall-
(a) assign that person to a polling station or a polling area in his
Constituency and indicate in the list the Polling area or Polling Station to
which that person is assigned.
(b) issue the person with a new voters’ card; and
(c) send a copy of the entry to the Electoral Officer of the Constituency where
the person whose name has been so entered was originally registered. Upon
receipt of this entry, that Electoral Officer shall delete the name from his
voters’ list.
4. (1) For the purpose of maintaining and updating the Voters’ Register, the
Commission shall appoint such registration, revision, or update officers as it
may require, provided that such officers shall not be members of any Political
Party.
(2) Any person may raise an objection against any officer during the
registration/updating exercise. Failure to raise such objection shall not
vitiate the Register.
(3) The officers appointed under subsection (1) of this Section shall exercise
such functions and duties as may be specified by the Commission, in accordance
with the provisions of this Act, and they shall not be subject to the direction
or control of any other person or authority other than the Commission in the
performance of their functions and duties.
5. (1) Each Electoral Officer shall have charge and custody of the voters’
register for his Local Government Area under the general supervision of the
Resident Electoral Commissioner.
(2) The voter’s register shall be kept in such form as may be prescribed by the
Commission.
6. In the performance of his or her duties under this Act, a registration
officer and an update officer may
(a) demand from any applicant the information necessary to enable him to
ascertain whether the applicant is qualified to be registered as a voter in
accordance with the provisions of this Act;
(b) require any voter or applicant to complete an application within a period
specified by the Commission.
7. (1) The Commission shall design, print and control the issuance of voters’
cards to voters whose names appear in the register.
(2) No voter shall hold more than one valid voter’s card.
(3) Any person who contravenes subsection (2) of this Section commits an offence
and is liable, on conviction, to a fine not exceeding N100,000 or imprisonment
not exceeding one year or both.
(4) The Commission may, whenever it considers it necessary, replace all or any
voters’ cards for the time being held by voters.
8. (1) Whenever a voters card is lost, destroyed, defaced, torn or otherwise
damaged, the voter shall, at least seven days before polling day, apply in
person to the Electoral Officer or any other officer duly authorized for that
purpose by the Resident Electoral Commissioner, stating the circumstances of
that loss, destruction, defacement or damage.
(2) If the Electoral Officer or that other officer is satisfied as to the
circumstances of the loss, destruction, defacement or damage of the voter’s
card, he shall issue to the voter a duplicate copy of the voter’s original
voter’s card with the word “DUPLICATE” clearly marked or printed on it, showing
the date of issue.
(3) No person shall issue a duplicate voter’s card to any voter on polling day
or within seven days before polling day.
(4) Any person who contravenes subsection (3) of this section commits an offence
and is liable on conviction, to a fine not exceeding N100,000 or imprisonment
not exceeding one year or both.
9. (1) The Commission shall cause a voters’ register for each State to be
printed, and any person may obtain from the Commission, on payment of such
charges and subject to such conditions as may be prescribed, copies of any
voters’ register for the State or for a Local Government Area or Ward within it.
(2) Where the voters’ register has been printed under this section immediately
before any election or a by-election and it contains the names of the voters who
will be entitled to vote at that election, the Commission may publish a notice
declaring that the printed voters’ register shall be used for the purpose of
identification of voters at that election.
10. (1) Subject to the provisions of section 2(2) of this Act, the Commission
shall, by notice appoint a period of not less than 5 days and not exceeding 14
days, during which a copy of the voters’ register for each Local Government Area
or Ward shall be displayed for public scrutiny and during which period any
objections or complaints in relation to the names omitted, or included in the
voters’ register or in relation to any necessary corrections, shall be raised or
filed.
(2) During the period of the display of the voters’ register under this Act, any
person may raise an objection on the form prescribed by the Commission against
the inclusion in the voters’ register of any name of a person on grounds that
the person is not qualified to vote or to be registered as voter in the State,
Local Government Area, or Ward, or that the name of a person qualified to vote
or to be registered has been omitted or that a name of a deceased person is
included.
(3) Any objection under subsection (2) of this Section shall be addressed to the
Resident Electoral Commissioner through the Electoral Officer in charge of the
Local Government Area of the person raising the objection.
11. The Commission may appoint as a Revision Officer any person to hear and
determine claims for and objection to an entry in or omission from the
preliminary list; and may appoint such number of other persons as it deems
necessary to assist the Revision Officer
12. The proprietary rights in any voters’ card issued to any voter shall vest
in the Commission.
13. Any person who-
(a) is lawfully in possession of any voter’s card whether issued in the name of
any voter or not; or-
(b) sells or attempts to sell or offers to sell any voter’s card whether issued
in the name of any voter or not; or
(c) buys or offers to buy any voter’s card whether on his or her own behalf or
on behalf of any other person,
commits an offence and is liable, on conviction, to a fine not exceeding
N200,000 or imprisonment not exceeding two years or both.
14. (1) Any person who -
(a) makes a false statement in any application for registration as a voter
knowing it to be false or;
(b) after demand or requisition made of him under (a) or (b) of Section 6
without just cause, fails to give any such information as he or she possesses or
does not give the information within the time specified; or
(c) in the name of any other person, whether living, dead or fictitious, signs
an application form for registration as a voter to have that other person
registered as a voter; or
(d) transmits or is concerned in transmitting to any person as genuine a
declaration relating to registration which is false in any material particular,
knowing it to be false; or
(e) by himself or any other person procures the registration of himself or any
other person on a voters register for a State, knowing that he or that other
person is not entitled to be registered on that voters’ register or is already
registered on it or on another voters’ register; or
(f) by himself or any other person procures the registration of a fictitious
person,
commits an offence and is liable on conviction to a fine not exceeding N100,000
or imprisonment not exceeding one year or both.
(2) Any person who -
(a) by duress, including threats of any kind causes or induces any person or
persons generally to refrain from registering as a voter or voters;
(b) in any way hinders a person from registering as a voter,
commits an offence and is liable on conviction, to a fine not exceeding N200,000
or imprisonment not exceeding two years or both.
PART II - PROCEDURE AT ELECTION
15. Elections into the offices of the President, Governors, Senators, House
of Representatives and State Houses of Assembly shall be held on the same day.
[A decision in the Abuja High court at the end of November 2002 rendered this
Section of no effect; the provisions of the 1999 Constitution gave INEC the
power to set the dates of elections.]
16. (1) Where a date has been appointed for the holding of an election, and
there is reason to believe that a serious breach of the peace is likely to occur
if the election is proceeded with on that date or it is impossible to conduct
the elections as a result of natural disasters or other emergencies, the
Commission may postpone the election and shall in respect of the area, or areas
concerned, appoint another date for the holding of the postponed election.
(2) Where an election is postponed under this Act on or after the last date for
the delivery of nomination papers, and a poll has to be taken between the
candidates then nominated, the Electoral Officer shall, on a new date being
appointed for the election, proceed as if the date appointed were the date for
the taking of the poll between the candidates.
(3)Where the Commission appoints a substituted date in accordance with
Subsections (1) and (2) of this section, there shall be no return for the
election until polling has taken place in the area or areas affected.
(4) Notwithstanding the provision of subsection (3) of this section, the
Commission may, if satisfied that the result of the election will not be
affected by voting in the area or areas in respect of which substituted dates
have been appointed, direct that a return of the election be made.
(5) The decision of the Commission under subsection (4) above may be challenged
by any of the contestants at a Court of Law or Tribunal of competent
jurisdiction and on such challenge, the decision shall be suspended until the
matter is determined.
17. (1) The Local Government Electoral Officer shall act as Returning Officer
for election to the office of Local Government Chairman and Councillor.
(2) Results of all the elections shall be announced by -
(a) the Presiding Officer at the Polling Station;
(b) the Ward Returning Officer at the Ward Collation Centre;
(c) the Returning Officer at the Local Government Area Centre;
(d) the Returning Officer at the State Constituency;
(e) the Returning Officer at the Federal Constituency Collation Centre;
(f) the Returning Officer at the Senatorial District Collation Centre;
(g) the Resident Electoral Officer at the Governorship elections; and
(h) the Chief Electoral Officer at the Presidential election.
(2) No person who is a member of a political party or who has openly expressed
support for any candidate shall be appointed into any position for the purposes
of registration of voters or election under this Act.
18. All Electoral Officers, Presiding Officers, and Returning Officers shall
affirm or swear an Oath of Loyalty and Neutrality indicating that they would not
accept bribe or gratification from any person, and shall perform their functions
and duties impartially and in the interests of the Federal Republic of Nigeria
without fear or favour.
19. The Commission shall for the purpose of an election under this Act
appoint such other officers as may be required provided that they shall not be
registered members of any Political Party.
20. (1) Not less than 90 days before the date appointed for holding of an
election under this Act, the Commission shall publish a notice in each State of
the Federation and the Federal Capital Territory:
(a) stating the date of the election; and
(b) appointing the place at which nomination papers are to be delivered.
(2) The notice shall be published in each constituency in respect of which an
election is to be held.
(3) In the case of a by-election, the Commission shall, not later than 14 days
before the date appointed for the election, publish a notice stating the date of
the election.
21. (1) Every political party shall not later than 60 days* before the date
appointed for a general election under the provisions of this Act, submit to the
Commission in the prescribed forms the list of the candidates the Party proposes
to sponsor at the elections.
[* amended by National Assembly on 10 January 2003, original provision 90 days]
(2) The list shall be accompanied by an Affidavit sworn to by each candidate at
the High Court of a State, indicating that he has fulfilled all the
constitutional requirements for election into that office.
(3) The Commission shall, within 7 days of the receipt of the personal
particulars of the candidates, publish same in the constituency where the
candidate intends to contest the election.
(4) Any person who has reasonable grounds to believe that any information given
by a candidate in the Affidavit is false may petition the Commission and/or file
a Suit at the
High Court of a State or Federal High Court against such person seeking a
declaration that the information contained in the Affidavit is false.
(5) If the Court determines that any of the information contained in the
Affidavit is false the Court shall issue an Order disqualifying the candidate
from contesting the election and if already elected the Court shall issue an
Order against the person to vacate the office and the next person with the
highest number of votes shall be declared duly elected.
(6) The Attorney-General of the Federation may in addition initiate criminal
proceedings where appropriate against the candidate and if convicted he or she
shall be sentenced to a fine of N200,000 or to imprisonment for two years or
both.
(7) Any Political Party which knowingly or recklessly presents to the Commission
the name of a candidate who does not meet the qualifications stipulated in this
Section, shall be -
(a) guilty of an offence under this section, and on conviction shall be liable
to a fine of N500,000; and
(b) be disqualified from participating in that particular election for that
office in the same Constituency.
(8) The decision of the Commission as to the qualification or disqualification
of a candidate for an election may be challenged by a candidate.
(9) Any legal action challenging the decision of the Commission shall commence
within five working days and be disposed of not later than one week before the
election
22. (1) No person shall nominate more than one person for an election to the
same office.
(2) Any person who contravenes subsection (1) of this Section shall be guilty of
an offence and on conviction be liable to a fine of N20,000 or 1 month
imprisonment or both but his action shall not invalidate the nomination.
(3) No account shall be taken of the signature of a person on a nomination paper
where the candidate had died, withdrawn or where the nomination paper was held
invalid.
(4) No person who has subscribed as a nominator shall so long as the candidate
stands nominated withdraw his nomination.
23. Any political party which wishes to change any of its candidates for any
election under this Act may signify its intention in writing to the Commission
not later than 30 days to the date of Election.
24. The Commission shall, at least fourteen (14) days before the day of the
election publish by displaying or causing to be displayed at the place or places
appointed for the delivery of nomination paper and in such other places as it
deems fit, a statement of the full names of all candidates standing nominated
and the persons nominating them with their respective addresses and occupations.
25. (1) A candidate may withdraw his candidature by notice in writing signed
by him and delivered by himself to the Political Party that nominated him for
the election, and the Political Party shall convey such withdrawal to the
Commission. Withdrawal shall only be allowed not later than 14 days to the
election.
(2) Where a candidate withdraws as provided in subsection (1) of this Section,
his Political Party shall be allowed to nominate another candidate.
(3) Renomination under this Section shall only be allowed not later than 14 days
before the date of the election.
26. (1) If after the time for the delivery of nomination paper and before the
commencement of the poll, a nominated candidate dies, the Chief Electoral
Commissioner or the Resident Electoral Commissioner shall, being satisfied of
the fact of the death, countermand the poll in which the deceased candidate was
to participate and the Commission shall appoint some other convenient date for
the election.
(2) The list of voters to be used at a postponed election shall be the official
register of voters, which was to be used if the election had not been postponed.
27. If a nomination form, signed by a candidate and by the persons nominating
him, is lodged in more than one constituency, his candidature shall be void in
each constituency.
28. Where at the close of nomination there is no candidate validly nominated,
the Commission shall extend the time for nomination and fix a new date for the
election.
29. (1) A candidate and his party shall campaign for the elections in
accordance with such rules and regulations as may be determined by the
Commission.
(2) State apparatus including the media shall not be employed to the advantage
or disadvantage of any political party or candidate at any election.
(3) Media time shall be allocated equally among the political parties at similar
hours of the day.
(4) At any public electronic media, equal airtime shall be allotted to all
political parties during prime times at similar hours each day, subject to the
payment of appropriate fees.
(5) At any public print media, equal coverage and conspicuity shall be allotted
to all political parties.
(6) Any public media that contravenes subsections 3 & 4 of this section shall be
guilty of an offence and on conviction be liable to a fine of N500,000 in the
first instance and to a fine of N1,000,000 for subsequent conviction.
30. Subject to the other provisions of this Act, if after the latest time for
the delivery of nomination papers and the withdrawal of candidates for an
election under this Act, more than one person remains validly nominated, a poll
shall be taken.
31. A poll shall take place in accordance with the provisions of this Act
with respect to the following, that is-
(a) in the case of an election to the office of the President or Governor of a
State, whether or not only one person is validly nominated in respect of such
office;
(b) in the case of an election in respect of any other office, if after the
expiry of the time of delivery of nomination papers there is more than one
person standing nominated.
32. (1) If after the expiry of time for delivery of nomination papers and
withdrawal of candidates and the extension of time as provided for in this Act
there is only one person whose name is validly nominated in respect of an
election, other than to the office of President or Governor, that person shall
be declared elected.
(2) Where a person is declared elected under the provisions of Subsection (1) of
this section, a declaration of result Form as may be prescribed shall be
completed and copy thereof issued to the person by the Returning Officer while
the original of the form shall be returned to the Commission as in the case of a
contested election.
33. The Commission shall establish sufficient number of Polling Stations in
each Ward and shall allot voters in such Polling Stations.
34. The Commission shall provide suitable boxes for the conduct of elections.
35. (1) The Commission shall prescribe the format of the ballot papers which
shall include the symbol adopted by the Political Party of the candidate and
such other information as it may require.
(2) The ballot papers shall be bound in booklets and numbered serially with
differentiating colours for each office being contested.
36. (1) All political parties may by notice in writing signed by and
addressed to the Electoral Officer of the Local Government Area appoint person(s)
(in this Act referred to as a “Polling Agent”) to attend at each polling station
in the Local Government Area for which they have candidate(s), and the notice
shall set out the name and addresses of the polling agent(s) and be given to the
Electoral Officer before the date fixed for the election.
(2) Notwithstanding the requirement of subsection (1) of this Section, a
candidate shall not be precluded from doing any act or thing which he has
appointed a polling agent to do on his behalf under this Act
(3) Where in this Act, an act or thing is required or authorized to be done by
or in the presence of a Polling Agent, the non-attendance of the Polling Agent
at the time and place appointed for the act or thing or refusal by the Polling
Agent to do the act or thing shall not, if the act or thing is otherwise done
properly, invalidate the act or thing.
37. The Commission shall, not later than the fourteenth day before the day,
of the election, cause to be published, in such manner as it may deem fit a
notice specifying the following matters, that is to say-
(a) the day and hours Fixed for the poll;
(b) by way of indication, the persons entitled to vote; and
(c) the location of the polling stations.
38. For a particular election voting shall take place on the same day and at
the same time throughout the Federation.
39. (1) At the hour fixed for opening of the poll, before the commencement of
voting, the Presiding Officer shall open the empty ballot box and show same to
such persons as may lawfully be present at the Polling Station and shall then
close and seal the box in such manner as to prevent its being opened by
unauthorized persons.
(2) The ballot box shall then be placed in full view of all present, and be so
maintained until the close of poll.
40. (1) Every person intending to vote shall present himself to a Presiding
Officer at the polling unit in the Constituency in which his name is registered
with his voters’ card.
(2) The Presiding Officer shall, on being satisfied that the name of the person
is on the Register of Voters, issue him a ballot paper; and indicate on the
Register that the person has voted.
41. A candidate or a Polling Agent may challenge the right of a person to
receive a Ballot Paper on such grounds and in accordance with such procedures as
are provided for in this Act.
42. The Presiding Officer shall separate the queue between men and women if
in that area of the country the culture is such that it does not permit the
mingling of men and women in the same queue
43. (1) Voting at an election under this Act shall be by open secret ballot.
(2) A voter on receiving a ballot paper shall mark it in the manner prescribed
by the Commission.
(3) All ballots at an election under this Act at any Polling Station shall be
deposited in the Ballot Box in open view of the public.
44. (1) No voter shall vote for more than one candidate or record more than
one vote in favour of any candidate at any one election.
(2) Where the votes cast at an election in any Constituency or Polling Station
exceed the number of registered voters in that Constituency Polling Station, the
election for that Constituency Polling Station shall be declared null and void
by the Commission and another election shall be conducted at a date to be fixed
by the Commission.
(3) Where an election is nullified in accordance with subsection (2) of this
section, there shall be no return for the election until another poll has taken
place in the affected area.
(4) Notwithstanding the provisions of subsections (2) and (3) of this section
the Commission may, if satisfied that the result of the election will not
substantially be affected by voting in the area where the election is cancelled,
direct that a return of the election be made.
45. (1) Where a voter makes any writing or mark on a Ballot paper by which he
may be identified, such Ballot Paper shall be rejected provided that any print
resulting from the staining of the thumb of the voter in the voting compartment
shall not be or be deemed to be a mark of identification under this section.
(2) The Commission shall use indelible ink for any thumb mark by voters on
ballot papers.
46. A voter who by accident deals with his ballot paper in such a manner that
it may not be conveniently used for voting, may deliver it to the Presiding
Officer and if the Presiding Officer is satisfied that the ballot paper is
spoilt he shall issue another ballot paper to the voter in place of the ballot
paper delivered up, and the spoilt ballot paper shall be immediately marked
cancelled by the Presiding Officer.
47. A voter who is blind or is otherwise unable to distinguish symbols or Who
suffers any other physical disability may be accompanied into the polling
Station by a person chosen by him and the person shall, after informing the
Presiding Officer of the disability, be permitted to accompany the voter into
the voting compartment and assist the voter to make his mark in accordance with
the procedure prescribed by the Commission.
48. No Voter shall record his vote otherwise than by personally attending at
the Polling Station and recording his vote in the manner prescribed by the
Commission.
49. No person shall be permitted to vote at any Polling Station or Unit other
than the one to which he is allotted.
50. (1) If at the time a person applies for a ballot paper and before he has
left the polling station or unit, a polling agent, polling station official or
security agent informs the Presiding Officer that he has reasonable cause to
believe that the person is under the age of 18 years or has committed the
offence of impersonation and gives an undertaking on a prescribed form to
substantiate the charge in a court of law, the Presiding Officer may order a
Police Officer to arrest that person and the Presiding Officer’s order shall be
sufficient authority for the Police Officer so to act.
(2) Person in respect of whom a polling agent, polling station official, or
security agent gives an information in accordance with the provisions of
subsection (1) of this section shall not by reason of the information, be
prevented from voting, but the Presiding Officer shall cause the words
“protested against for impersonation” to be placed against his name in the
marked copy of the register of voters or part of the register of voters.
(3) Where a person in respect of whom a declaration is made under subsection (2)
of this section, admits to the Presiding Officer that he is not the person he
held himself out to be, he shall not be permitted to vote and shall be handed
over to the Police.
(4) A person arrested under the provisions of this section shall be deemed to be
a person taken into custody by a police officer.
51. (1) If a person claiming to be entitled to vote applies for a ballot
paper after some other person has voted in the name given by the claimant he
shall, upon satisfactory answers given to any questions put to him by a poll
clerk be entitled to receive a ballot paper in the same manner as any other
voter; but the ballot paper (in this Act referred to as “the tendered ballot
paper”) shall be of a colour different from the ordinary ballot papers. The
Presiding Officer shall require the voter to deliver the tendered ballot paper
to him instead of allowing it to be put in the ballot box, and the Presiding
Officer shall endorse on it the name of the voter and his number in the register
of voters. The ballot paper shall on delivery to the Presiding Officer and in
view of all present be set aside by the Presiding Officer in a packet intended
for tendered votes. No tendered ballot paper shall be counted by the Returning
Officer.
(2) The Presiding Officer shall, when he tenders a ballot paper under this
section, enter the name of the voter and his number in the register of voters on
the list to be called tendered vote list; and the tendered vote list shall be
produced in any legal proceedings arising out of the election.
52. (1) The Presiding Officer shall regulate the admission of voters to the
polling station and shall exclude all persons other than the candidates, polling
agents, poll clerks and persons lawfully entitled to be admitted including
accredited observers, and the Presiding Officer shall keep order and comply with
the requirements of this Act at the polling station.
(2) The Presiding Officer may order a person to be removed from a polling
station or unit, who behaves in a disorderly manner or fails to obey a lawful
order.
(3) A person removed from a polling station or unit under this section shall
not, without the permission of the Presiding Officer, again enter the polling
station or unit during the day of the election, and if charged with the
commission of an offence in that polling station or unit, the person shall be
deemed to be a person taken into custody by a Police Officer for an offence in
respect of which he may be arrested without a warrant.
(4) The provisions of subsection (3) of this section shall not be enforced so as
to prevent a voter who is otherwise entitled to vote at a polling station or
unit from having an opportunity of so voting.
(5) The Poll Clerk shall enjoy and exercise all the powers of the Presiding
Officer in respect of a Polling Station or Unit except that he shall not order
the arrest of a person or the exclusion or removal of a person from the Polling
Station or Unit without the authority of the Presiding Officer.
53. (1) At the prescribed hour for the close of poll, the Presiding Officer
shall declare the poll closed and no more person(s) shall be admitted into the
Polling Station and only those already inside the Polling Station shall be
allowed to vote.
(2) After the declaration of the close of polls, no voter already inside the
polling station shall be permitted to remain in the polling station unless
otherwise authorized under this Act.
54. (1) The Presiding Officer shall, after counting the votes at the polling
station or unit, enter the votes scored by each candidate in a form to be
prescribed by the Commission as the case may be.
(2) The Form shall be signed and stamped by the presiding Officer and counter
signed by the candidates or their polling Agents where available at the Polling
Station.
(3) The Presiding Officer shall give to the Polling Agents and the police
officer where available a copy each of the completed Forms after it has been
duly signed as provided in subsection (2) of this Section.
(4) The Presiding Officer shall count and announce the result at the Polling
Station.
55. A candidate or a Polling Agent may, where present at a Polling Station
when counting of votes is completed by the Presiding Officer, demand to have the
votes recounted, but the Presiding Officer shall cause the votes to be so
recounted only once.
56. After the recording of the result of the election, the Presiding Officer
shall announce the result and deliver same and election materials under security
to such persons as may be prescribed by the Commission.
57. (1) Subject to subsection (2) of this section, a ballot which does not
bear the official mark, shall not be counted.
(2) If the Returning Officer is satisfied that a ballot which does not bear the
official mark was
from a book of ballot papers which was furnished to the Presiding Officer of the
polling station
in which the vote was cast for use at the election in question, he shall,
notwithstanding the absence
of the official mark, count that ballot.
58. (1) The Presiding Officer shall endorse the word “rejected” on the ballot
rejected under Section 61 and for any other reason, and the ballot papers shall
not be counted except otherwise allowed by the Returning Officer who may
overrule the Presiding Officer.
(2) If an objection to the decision of a Presiding Officer to reject a ballot
paper is raised by a candidate or a Polling Agent at the time the decision is
made, the Presiding Officer shall add to the word "rejected”, the phrase “but
objected to".
(3) The Presiding Officer shall prepare a statement on rejected ballot papers,
stating the number rejected, the reason for rejection and their serial number,
he shall on request allow a candidate or a Polling Agent to copy the statement.
59. The decision of the Returning Officer on any question arising from or
relating to -
(a) unmarked ballot;
(b) rejected ballot; and
(c) declaration of scores of candidates and the return of a candidate,
shall be final subject to review by a tribunal or Court in an election petition
proceedings under this Act.
60. In an election to the office of the President or Governor (whether or not
contested) and in any contested election to any other elective office, the
result shall be ascertained by counting the votes cast for each candidate and
subject to the provisions of Sections 13, 134 and 179 of the Constitution, the
candidate that receives the highest number of votes shall be declared elected by
the appropriate Returning Officer.
61. Where two or more candidates poll equal number of votes being the highest
in an election, the Returning Officer shall not return any of the candidates and
a fresh election shall be held for the candidates on a date to be appointed by
the Commission.
62. The Commission shall cause to be posted on its notice board a notice
showing -
(a) the candidates at the election and their scores; and
(b) the person declared as elected or returned at the election.
63. The Chief National Electoral Commissioner or any officer authorized by
him shall keep official custody of all the documents, including statement of
results and ballot papers relating to the election, which are returned to the
Commission by the Returning Officers.
64. Subject to the provisions of this Act, the Commission shall issue and
publish in the Gazette, Guidelines for the elections which shall make
provisions, among other things, for the step by step recording of the poll in
the electoral Forms as may be prescribed beginning from the polling station or
unit to the last collation centre for the ward or constituency where the result
of the election shall be declared.
65. Every Result Form completed at the Ward, Local Government, State and
National levels in accordance with the provisions of this Act or any Guidelines
issued by the Commission shall he stamped, signed and countersigned by the
relevant officers and Polling Agents at those levels and copies given to the
police officers and the polling Agents, where available.
66. A sealed Certificate of Return at an election in a prescribed form shall
be issued to every candidate who has won an election under this Act.
67. (1) The forms to be used for the conduct of elections to the offices
mentioned in Section 15 of this Act, election petitions arising therefrom shall
be substantially set out in Schedule 2 to this Act or as may be otherwise
determined by the Commission from time to time.
(2) Notwithstanding the provisions of subsection (1) of this Section, the
Commission shall have power to design any forms it deems necessary for the
discharge of its functions under this Act.
(3) The Polling Agents shall certify the election materials from the office to
the polling booth.
PART III - POLITICAL PARTIES
68. (1) Any political association which complies with the provisions of the
Constitution and of this Act for the purposes of registration, shall be
registered as a political party.
(2) No association by whatever name called shall function as a political party,
unless it produces evidence of payment of registration fee of N100,000 or as may
fixed from time to time by an Act of the National Assembly.
(3) The Commission shall on receipt of the documents in fulfillment of the
conditions stipulated by the Constitution immediately issue the applicant with a
letter of acknowledgement stating that all the necessary documents had been
submitted to the Commission.
(4) The Commission shall after the inspection of the Headquarters of the
Association, issue an acknowledgement to the Association indicating that the
offices has been so inspected.
(5) Any political Association that meets the conditions stipulated in the
Constitution and this Act shall be registered by the Commission as a political
party within 30 days. If after the 30 days the Association is not registered by
the Commission it shall be deemed to be so registered.
(6) If the Association has not fulfilled all the conditions as aforementioned,
the Commission shall within 30 days notify the Association in writing stating
the reasons.
(7) Any Association which through the submission of false or misleading
information pursuant to the provisions of this section procures a certificate of
registration shall have such certificate cancelled.
69. The decision of the Commission not to register any association as a
Political Party may be challenged in a Court of Law; Provided that any legal
action challenging the decision of the Commission shall be commenced within 14
days from the date of receipt of the letter of notification of non registration
from the Commission or the expiration of the 30 days referred to in section
68(6) of this Act.
70. Every Political Party registered under this Act shall be a body corporate
with perpetual succession and a common seal and may sue and be sued in its
corporate name.
71. (1) Any Political Party or Association, which contravenes the provisions
of section 227 of the Constitution is guilty of an offence and liable on
conviction to a fine of -
(a) N500,000.00 for the first offence
(b) N700,000.00 for any subsequent offence; and
(c) N50,000 for every day that the offence continues.
(2) Any person or group of persons who aids or abets a political party in
contravening the provisions of section 227 of the Constitution shall be guilty
of an offence and be liable on conviction to a fine of N200,000 or two years
imprisonment or both.
72. (1) The Commission shall keep a register of symbols for use at elections.
(2) The Commission shall register the symbol of a Political Party upon payment
of the prescribed fee if it is satisfied that -
(a) no other symbol of the same design is registered;
(b) the symbol is distinctive from any other symbol already registered; and
(c) its use will not be offensive or otherwise objectionable.
(3) The Commission shall remove a symbol from the register of symbols, if -
(a) a Political Party in whose name it is registered requests the removal; or
(b) the Commission is of the opinion that the Political Party in whose name the
symbol is registered has ceased to exist or to use the symbol.
(4) Nothing in this section shall authorize the allotment or registration for
use at any election of a symbol or material as symbol of a Party, if it
portrays-
(a) the Coat of Arms of the Federation;
(b) the Coat of Arms of any other country;
(c) any device or emblem which in the opinion of the Commission is normally
associated with -
(i) the official acts of Government;
(ii) any of the Armed Forces of the Federation or the Nigerian Police Force or
other uniformed service;
(iii) the regalia of a chief;
(iv) any tribe or ethnic group;
(v) any religion or cult;
(vi) any portrait of a person living or dead.
(d) any symbol or part of a symbol which under the a provisions of this Section
continues to be registered by another political party.
(5) Subject to the foregoing provisions of this section, the symbol allotted to
a Political Party and in use immediately before the coming into force of this
Act shall continue to be available to, and be used by, that Political Party
without payment of the fee mentioned in sub-section (2) of this Section.
73. Where a symbol is registered by a Political Party in accordance with this
Act, the Commission shall allot the symbol to any candidate sponsored by the
Political Party at any election.
74. (1) Any two or more registered Political Parties may merge on approval by
the Commission following a formal request presented to the Commission by the
Political Parties for that purpose. PROVIDED that there shall at no time be less
than three political parties registered in the country.
(2) Political Parties intending to merge shall give to the Commission 90 days
notice of their desire to do so, and the notice shall be accompanied by -
(a) a special resolution passed by the National Convention of each of the
parties proposing to merge approving the merger;
(b) the proposed full name and acronym, Constitution, manifesto, symbol or logo
of the party together with the addresses of the National and State offices of
the merged party; and
(c) evidence of payment of processing fee of N 100,000 or as may be fixed from
time to time by an Act of the National Assembly.
(3) The written request for merger shall be sent to the Chairman of the
Commission and shall be signed jointly by the National Chairman, Secretary and
Treasurer for the time being of the different Political Parties proposing the
merger.
(4) On receipt of the request for merger of any Political Parties the Commission
shall consider the request, and if the parties have fulfilled the requirements
of the Constitution and this Act, approve the proposed merger and communicate
its decision to the Parties concerned before the expiration of thirty (30) days
from the date of the receipt of the formal request.
(5) Where the request for the proposed merger is approved, the Commission shall
forthwith withdraw and cancel the certificates of registration of all the
Political Parties opting for the merger and substitute therefore, a single
certificate of registration in the name of the merged Party.
(6) Notwithstanding the provisions of subsection (2) of this section no
application for merger of Political Parties received by the Commission less than
six months before any general election in the country shall be considered by the
Commission.
75. (1) Every registered Political Party shall give the Commission at least
21 days notice of any convention, congress, conference or meeting convened for
the purpose of electing members of its executive committees, other governing
bodies or nominating candidates for any of the elective offices specified under
this Act.
(2) The Commission may with or without prior notice to the Political Party
monitor and attend any convention, congress, conference or meeting which is
convened by a Political Party for the purpose of:
(a) electing members of its executive committees or other governing bodies;
(b) nominating candidates for an election at any level; or
(c) approving a merger with any other registered Political Party.
(3) Notice of any congress, conference or meeting for the purpose of nominating
candidates for Local Government/Area Council elections shall be given to the
State Independent Electoral Commission at least 21 days before such congress,
conference or meeting
76. (1) the Commission shall monitor arid keep records of the activities of
all the registered political parties.
(2) The Commission may seek information or clarification from any registered
political party in connection with any activity of the political party which may
be contrary to the provisions of this Act or any other law, guidelines, rules or
regulations.
(3) The Commission may direct its enquiry under subsection (2) of this section
to the Chairman or Secretary of the Political Party at the National, State,
Local Government Council or Ward level, as the case may be.
(4) A Political Party which fails to provide the required information or
clarification under subsection (2) of this section or carry out any lawful
directive given by the Commission in conformity with the provisions of this
section is guilty of an offence and liable on conviction to a fine of not more
than N500,000.
77. Any Political Party that -
(a) holds or possesses any funds outside Nigeria in contravention of Section
225(3)(a) of the Constitution of the Federal Republic of Nigeria 1999 commits an
offence and shall forfeit the funds or assets to the Commission and on
conviction shall be liable to a fine of not more than N500,000.00;
(b) retains any fund or other assets remitted or sent to if from outside Nigeria
in contravention of Section 225(3)(b) of the Constitution of the Federal
Republic of Nigeria 1999;
is guilty of an offence and shall forfeit the funds or assets to the Commission
and on conviction shall be liable to a fine of not more than N500,000.00.
78. (1) The Statement of Assets and Liabilities referred to in Section 81 of
this Act shall be in respect of the period 1st January to 3lst December in each
year, and that in the year in which this Act comes into operation, it shall be
for the period beginning with the registration of such party and ending on the
following 31st December.
(2) The Commission shall arrange for the annual examination and auditing of the
funds and accounts of political parties and publish a report on such examination
and audit in three National Newspaper.
79. (1) Notwithstanding any other provision of this part of this Act, the
statement relating to the election expenses of a political party as prescribed
in section 100 of this Act shall be submitted to the Commission in a separate
audited account as in the prescribed form not later than 90 days from the date
of the election.
(2) Any political party which fails to submit to the Commission the audited
return of election expenses in accordance with the provisions of this Act is
guilty of an offence and shall be liable on conviction to a fine of N100.000
payable jointly and severally by the leaders of the Political Party
80. (1) The National Assembly may approve a grant for disbursement to the
political parties contesting elections after the coming into force of this Act.
(2) The grant approved in pursuance of subsection (1) of this section shall be
made to the Commission which shall distribute the grant to the Political Parties
in the following manner.
(a) 30% of the grant shall be shared equally among the registered political
parties participating in respect of a general election for which the grant has
been made.
(b) the remaining 70% of the grant shall be shared among the Political Parties,
after the result of the elections have been known, in proportion to the number
of seats won by each party in the National Assembly.
81. (1) Notwithstanding the provisions of this Act, the National Assembly may
make an annual grant to the Commission for distribution to the registered
Political Parties to assist them in their operation. The Commission shall
distribute such grant as follows:-
(a) 30% of the grant shall be shared equally among all the registered Political
Parties.
(b) the remaining 70% of the grant shall be shared among the registered
political parties in proportion to the number of seats won by each party in the
National Assembly
82. No political party shall be eligible to receive a grant under Sections 93
unless it wins a minimum of 10 per cent of the total votes cast in the local
government elections in at least two-thirds of the States of the Federation.
83. (1) The Commission shall have power to place limitation on the amount of
money or other assets, which an individual or corporate body can contribute to a
Political Party.
(2) Every Political Party shall maintain a record of all contributors and the
amounts contributed
84. (1) For the purposes of an election, “election expenses” means expenses
incurred by a Political Party within the period from the date notice is given by
the Commission to conduct an election up to and including the polling day in
respect of the particular election.
(2) Election expenses incurred by a Political Party for the management or the
conduct of an election shall not exceed in the aggregate the sum determined by
multiplying 20 Naira by the number of names appearing in the final voters’ list
for each Constituency where there is a candidate sponsored by the Political
Party.
(3) Election expenses of a Political Party shall be submitted to the Commission
in a separate audited return within three months after polling day. The return
shall be signed by the party’s auditors and counter-signed by the Chairman of
the Party as the case may be and shall be supported by a sworn affidavit by the
signatories as to the correctness of its contents.
(4) The return referred to in subsection (3) of this section shall show the
amount of money expended by or on behalf of the party on election expenses, the
items of expenditure and commercial value of goods and services received for
election purposes.
(5) The Political Party shall cause the return submitted to the Commission
pursuant to subsection (4) of this section to be published in at least two (2)
National Newspapers.
(6) Any political party which incurs election expenses beyond the limit
stipulated in this Act is guilty of an offence and shall be liable on conviction
to a fine of N500,000.
(7) The Commission shall make available for public inspection during regular
business hours at its national and state offices the audit returns of the
political parties required by subsection (3) of this Section. Such audited
returns shall include the name, address, occupation, and amount contributed by
each contributor to a party.
85. (1) For the purpose of the proper and peaceful conduct of political
rallies and processions, the Commissioner of Police in each State of the
Federation and in the Federal Capital Territory, Abuja, is by this Act empowered
to provide adequate security for processions and at political rallies in the
States and the Federal Capital Territory, Abuja, as the case may be.
(2) A person who, while present at a political rally or procession or voting
centre, has with him any offensive weapon or missile otherwise than in pursuance
of a lawful duty is guilty of an offence and liable on conviction to a fine of
N100,000 or imprisonment for a term of 2 years or both.
(3) For the purpose of subsection (2) of this Section, a person shall be deemed
to be acting in pursuance of a lawful duty if he is acting in his capacity as a
Police Officer or as a member of a security agency authorized to carry arms and
is specifically posted to be present at that political rally or procession.
(4) In this section, “offensive weapon or missile” includes any cannon, gun,
rifle, carbine, revolver, pistol or any other fire arm, bow and arrow, spear,
cutlass, knife, dagger, axe, cudgel, or any other thing capable of being used as
an offensive weapon or missile, including teargas, acid, and any inflammable
substance capable of injuring a person.
86. (1) No political campaign or slogan shall be tainted with abusive
language directly or indirectly likely to injure religious, ethnic, tribal or
sectional feelings.
(2) Abusive, intemperate, slanderous or base language or insinuations or
innuendoes designed or likely to provoke violent reaction or emotions shall not
be employed or used in political campaigns.
(3) Places designed for religious worship, palaces of traditional rulers, army
formations or barracks, police station, public offices and educational
institutions shall not be used -
(a) for political campaigns, rallies and processions; or
(b) to promote, propagate or attack political parties, candidates or their
programmes or ideologies.
(4) Masquerades shall not be employed or used by any political party, candidate
or person during political campaigns or for any other political purpose.
(5) No political party or member of a political party shall retain, organise,
train or equip any person or group of persons for the purpose of enabling them
to be employed for the use or display of physical force or coercion in promoting
any political objective or interests, or in such manner as to arouse reasonable
apprehension that they are organised, trained or equipped for that purpose.
(6) No political party, person or candidate shall keep or use private security
organization, vanguard or any other group or individual by whatever name called
for the purpose of providing security, assisting or aiding the political party
or candidate in whatever manner during campaigns, rallies, processions or
elections.
(7) Notwithstanding the provision of subsection (6) of this Section a candidate
at an election may keep or use a private security or individual for his personal
protection during campaigns, rallies or processions.
(8) A political party or person who contravenes any provision of this section is
guilty of an offence and liable on conviction-
(a) in the case of an individual, to a fine of N50,000 or imprisonment for a
term of 6 months; and
(b) in the case of a political party, to a fine of N50,000 in the first
instance, and N 100,000 for any subsequent offence, payable jointly by the
Chairman, Secretary’ and Treasurer of the Political Party at the National.
State, Local Government Area, Area Council or Ward level, as the case may be.
87. (1) No candidate, person or group of persons shall directly or indirectly
offer or aid in offering inducement in any form whatsoever to a person at a
political campaign for the purpose of corruptly influencing that person or any
other person to support or refrain from supporting a political party or
candidate.
(2) No candidate, person or group of persons shall directly or indirectly give
or offer to give any money or valuable consideration to any person during a
political campaign in order to induce that person or any other person to support
or refrain from supporting a political party or candidate.
(3) No candidate, person or group of persons shall directly or indirectly
threaten any person with the use of force or violence during any political
campaign in order to compel that person or any other person to support or
refrain from supporting a political party or candidate.
(4) No person or group of persons shall accept any inducement, money or valuable
consideration from any person, candidate or political party in order to compel
that person or any other person to support or refrain from supporting a
political party or candidate.
(5) Any person who or political party which contravenes the provisions of this
section is guilty of an offence and liable on conviction
(a) in the case of an individual, to a fine of N100,000 or imprisonment for a
term of one year; and
(b) in the case of a political party, to a fine of N250,000 in the first
instance, and N500,000 for any subsequent offence, payable jointly by the
Chairman. Secretary and Treasurer of the political party at the National, State,
Local Government Area, Area Council or Ward level, as the case may be.
88. No candidate, person or group of persons shall directly or indirectly
threaten any person with the use of force or violence during any political
campaign in order to compel that person or any other person to support or
refrain from supporting a Political Party or candidate.
89. All Political Parties, candidates, agents and supporters of Political
Parties shall conform with the provisions of this Act, guidelines on political
campaigns and all party activities
90. Where a Political Party ceases to exist in accordance with any provisions
of this Act, a person elected on the platform of the Political Party in an
election under this Act shall remain validly elected, complete his tenure, and,
for purposes of identification, be regarded as a member of the Political Party
under which he was elected, but such a person cannot stand for re-election in
the name of that political party.
91. Any Political Party registered by the Commission in accordance with the
provisions of any law in force immediately before the coming into force of the
1999 Constitution shall be deemed to have been duly registered under this Act.
92. (1) A registered Political Party which through any person acting on its
behalf during the twenty four hours before polling day -
(a) advertises on the facilities of any broadcasting undertaking; or
(b) procures for publication or acquiesces in the publication of an
advertisement in a Newspaper, for the purpose of promoting or opposing a
particular candidate;
is guilty of an offence under this Act and upon conviction shall be liable to a
fine of N500,000.
93. A candidate who directly or through any person acting on his behalf -
(a) during twenty four hours immediately preceding polling day, or on polling
day advertises on the facilities of any broadcasting undertaking; or
(b) procures for publication or acquiesces in the publication during the period
described in paragraph (a) of an advertisement in a newspaper for the purpose of
promoting or opposing a particular registered party or the election of a
particular candidate,
is guilty of an offence against this Act and on conviction shall be liable to a
fine of N50,000 or to imprisonment for six months.
94. (1) A government owned print or electronic medium shall give equal access
on daily basis to all registered political parties and/or candidates of such
political parties.
(2) A denial of such access and equal time constitutes an offence punishable in
the first time with a fine of N500,000 and the withdrawal of the licence of the
offending electronic media house by the National Broadcasting Commission for a
period of 12 months on any subsequent violation.
(3) A person other than a Political Party or a candidate who procures any
material for publication for the purposes of promoting or opposing a particular
Political Party or the election of a particular candidate over the radio,
television, newspaper, magazine, handbills or any print or electronic media
whatsoever called during twenty four hours immediately preceding or on polling
day is guilty of an offence and liable on conviction to a fine of N50,000 or
imprisonment for six (6) months or to both.
95:(1) A person, print or electronic medium who broadcasts, publishes,
advertises or circulates any material for the purpose of promoting or opposing a
particular Political Party or the election of a particular candidate over the
radio, television, newspaper, magazine, handbills, or any print or electronic
media whatsoever called during twenty four hours immediately preceding or on
polling day is guilty of an offence under this Act.
(2) Where an offence under subsection (1) of this section is committed by a body
corporate every principal officer of that body is equally guilty of an offence
under this Act.
(3) Where any person is convicted of an offence under this section he shall be
liable -
(a) in the case of a body corporate to a fine of N500,000 and
(b) in the case of an individual to a fine of N100,000 or to imprisonment for 12
months.
96. Any candidate, person or association who engages in campaigning or
broadcasting based religious, tribal, or sectional bias for the purpose of
promoting or opposing a particular Political Party or the election of a
particular candidate, is guilty of an offence against this Act and on conviction
shall be liable to a fine of N 100,000 or imprisonment for twelve months or to
both.
PART IV - PROCEDURE FOR ELECTION TO AREA COUNCIL
97. (1) The conduct of elections into the offices of Chairman, Vice Chairman
and a member of an Area Council and the recall of a member of an Area Council
shall be under the direction and supervision of the Commission in accordance
with the provisions of this Act using the Register of Voters compiled and the
polling units established by the Commission and any other regulations,
guidelines, rules or manuals issued or made by the Commission not being
inconsistent with the provisions of this Act.
98. (1) There shall be elected for each Area Council in the Federal Capital
Territory a Chairman and a Vice-Chairman.
(2) There shall be elected from every ward in an Area Council, a Councillor.
99. (1) Subject to the provision of this section, the Commission shall divide
each Area Council into such number of wards not being less than 10 and not more
than 20 as the circumstance of each Area Council may require.
(2) The boundaries of each ward shall be such that the number of inhabitants of
the ward is as nearly equal to the population quota of the ward as is reasonably
practicable.
(3) The Commission shall review the division of every Area Council into wards at
intervals of not less than 10 years and may alter such wards in accordance with
the provisions of subsection (1) of this Section to such extent as it may
consider desirable in the light of the review.
(4) Notwithstanding the provisions of subsection (3) of this section, the
Commission may, at any time, carry out such a review and alter the wards in
accordance with the provisions of this section to such extent as it considers
necessary in consequence of any amendment to Section 3 of the Constitution or
any provision replacing that provision or by reason of the holding of a National
Population Census or pursuant to an Act of the National Assembly.
100. A person shall be qualified for election under this part of this Act if
he -
(a) is a citizen of Nigeria;
(b) is registered as a voter;
(c) has attained the age of 25 years;
(d) is educated up to at least the School Certificate level or its equivalent;
(e) is a member of a Political Party and is sponsored by that Party; and
(f) has produced evidence of tax payment as and when due or tax exemption for a
period of three years immediately preceding the year of election.
101. (1) A person shall not be qualified to contest an Area Council election
under this Act if-
(a) subject to the provisions of section 28 of the Constitution, he has
voluntarily acquired the citizenship of a country other than Nigeria or, except
in such cases as may be prescribed by the National Assembly, has made a
declaration of allegiance to such a country;
(b) under any law in force in any part of Nigeria, he is adjudged to be a
lunatic or otherwise declared to be of unsound mind;
(c) he is under a sentence of death imposed on him by any competent court of law
or tribunal in Nigeria or a sentence of imprisonment or fine for an offence
involving dishonesty or fraud (by whatever name called) money laundering, drug
related offence, or any other offence imposed on him by such a court or tribunal
substituted by a competent authority for any other sentence imposed on him by
such a court or tribunal;
(d) within a period of less than ten years before the date of an election to the
Area Council, he has been convicted and sentenced for an offence involving
dishonesty or he has been found guilty of a contravention of the Code of
Conduct;
(e) he is an undischarged bankrupt, having been adjudged or otherwise declared
bankrupt under any law in force in any part of Nigeria;
(f) he is a person employed in the public service of the Federation or of any
State or Area Council (other than a person holding elective office) and he has
not resigned, withdrawn or retired from such employment 30 days before the date
of election;
(g) he is a member of any secret society;
(h) he has been indicted for embezzlement or fraud by a Judicial Commission of
Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the
Tribunals of Inquiry Act, a Tribunal of Inquiry Law or any other Law by the
Federal or State Government which indictment has been accepted by the Federal or
State Government, as the case may be;
(i) he has within the preceding period of 10 years presented a forged
certificate to the Commission;
(j) he has been dismissed from the public service of the Federation or a State;
or
(k) he has been elected to such office at any two previous elections.
(2) Where in respect of any person who has been
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt,
any appeal against the decision is pending in any court of law in accordance
with any law in force in Nigeria, subsection (1) of this section shall not apply
during a period beginning from the date when such appeal is lodged and ending on
the date when the appeal is finally determined or as the case may be, the appeal
lapses or is abandoned, whichever is earlier.
(3) For the purpose of subsection (2) of this section, an “appeal” includes any
application for an injunction or an order of certiorari, mandamus, prohibition,
or habeas corpus, or any appeal from any such application.
102. (1) Election to all the Area Councils shall be held on the same date and
day throughout the Federal Capital Territory.
(2) By-elections to fill vacancies that occur in Area Councils shall be held
within 30 days from the date the vacancy occurred.
(3) The date mentioned in subsection (1) of this section shall not be earlier
than sixty days before and not later than 30 days before the expiration of the
term of office of the last holder of that office.
(4) Where a vacancy occurs less than 3 months before the day on which the Area
Council stand dissolved there shall be no by-election to fill the vacancy.
(5) Where a vacancy occurs more than three months before the day the Area
Council stands dissolved there shall be a by-election to fill the vacancy not
later than 30 days from the date the vacancy occurred.
(6) Voting shall be by open-secret ballot.
103. The procedure for filing nominations and the casting and counting of
votes for Area Council elections shall be the same as is applicable to other
elections under this Act.
104. (1) If after the expiration of time for the delivery of Nomination
Papers and the withdrawal of candidates for election of Councillors under this
Act only one candidate remains duly nominated, that candidate shall be declared
returned unopposed.
(2) If after the expiration of time for the delivery of Nomination Papers and
the withdrawal of candidates for election of Councillors under this section more
than one candidate duly nominated, a poll shall be taken in accordance with the
provisions of this Act.
(3) Where in an election to the office of Chairman at the close of nomination
one of the candidates
(a) has been nominated; or
(b) nominated for the election is the only candidate by reason of the
disqualification, withdrawal, incapacitation, disappearance, or death of the
other candidates,
the Commission shall extend the time for nomination by 7 days, provided that
where after the extension only one candidate remains validly nominated, there
shall be no further extension.
105. (1) A candidate for an election to the Office of Chairman shall be
deemed to have been duly elected to the office where being the only candidate
nominated for the election he has:
(a) a majority of YES votes over NO votes cast at the election; and
(b) not less than one-third of the votes cast at the election in each of at
least two-thirds of all the wards in the Area Council, but
where the only candidate fails to be elected in accordance with this subsection
then there shall be fresh nominations.
(2) A candidate for an election to the office of the Chairman shall be deemed to
have been elected where, there being only two candidates for the election-
(a) he has a majority of the votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election in each
of at least two-thirds of all the wards in the Area Council, as the case may be.
(3) If no candidate is duly elected under subsection (2) of this section, the
Commission shall within 7 days conduct a second election between the two
candidates, and the candidate who scored the majority of votes cast at the
election shall be deemed duly elected at the election.
(4) A candidate for an election to the office of Chairman shall be deemed to
have been duly elected where, there being more than two candidates for the
election -
(a) he has the highest number of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election in each
of at least two-thirds of all wards in the Area Council, as the case may be.
(5) If no candidate is duly elected in accordance with subsection (4) on this
section, there shall be a second election in accordance with subsection (6) of
this section at which the only candidates shall be -
(a) the candidate who scored the highest number of votes at the election held
under subsection (4) of this section; and
(b) one among the remaining candidates who has the majority of votes in the
highest number of wards so however that where there are more than one candidate,
the one among them with the highest total number of votes cast at the election
shall be the second candidate for the election.
(6) In default of a candidate duly elected under the foregoing subsections, the
Commission shall within 7 days of the result of the election held under the said
subsections arrange for another election between the two candidates and a
candidate at such an election shall be deemed to have been duly elected to the
office of a Chairman of the Area Council if he has
(a) a majority of the votes cast at the election; and
(b) not less than one-quarter of the votes cast at the election in each of at
least two-thirds of all the wards in the Area Council, as the case may be.
(7) If no candidate is duly elected under subsection (6) of this section,
arrangements shall be made within 7 days of the result of the last election, for
another election between the two candidates specified in subsection (6) of this
section, and a candidate at this last election shall be deemed duly elected to
the office of Chairman of a Local Government if he scores a simple majority of
votes cast at the election.
(8) If a person duty elected as Chairman dies before taking and subscribing the
Oath of Allegiance and Oath of Office or is for any reason whatsoever unable to
be sworn in, the person elected with him as Vice-chairman shall be sworn in as
Chairman and he shall nominate a new vice-chairman who shall be appointed by the
new Chairman with the approval by a simple majority of the Area Legislative
Council
106. An Area Council shall stand dissolved at the expiration of a period of
three years commencing from the date-
(a) When the Chairman took the oath of office; or
(b) When the legislative arm of the council was inaugurated; whichever is
earlier.
107. A member of an Area Council shall vacate his seat in the Council-
(a) on the date given in his letter of resignation;
(b) if he becomes Vice-President, Deputy Governor, Vice Chairman of the Area
Council, Minister of the Government of the Federation or a Commissioner of the
Government of a State; or
(c) being a person whose election was sponsored by a Political Party, he resigns
from that party or becomes a member of another Political Party before the
expiration of the period for which the Area Council was elected;
Provided that his membership of the latter political party is not as a result of
a division in the political party of which he was previously a member or of a
merger of two or more political parties or factions by one of which he was
previously sponsored; or
(d) if he becomes a member of a secret society or does any other thing
disqualifying him from holding the office of Chairman or Councillor under this
Act; or
(e) if the Speaker of the Area Legislative Council receives a certificate under
the hand of the Commission stating that the provisions of section 123 of this
Act have been complied with in respect of the recall of that member.
(3) The Speaker of the Area Legislative Council shall give effect to subsection
(I) of this section, so however that the Speaker shall first present evidence
satisfactory to the Area Council that any of the provisions of that subsection
has become applicable-in respect of that member.
108. (1) The Chairman or Vice-Chairman may be removed from office in
accordance with the provisions of this section.
(2) Whenever a notice of any allegation of gross misconduct in writing signed by
not less than one-third of the members of the Area Legislative Council stating
that the holder of the office of Chairman or Vice-Chairman is guilty of
misconduct in the performance of the functions of his office, detailed
particulars of which shall be specified is presented to the Speaker of the Area
Legislative Council, the Speaker of the Area Legislative Council shall within 7
days of the notice, cause a copy of the notice to be served on the holder of the
office and on each member of the Area Legislative Council and shall also cause
any statement made in reply to the allegation by the holder of the office to be
served on each member of the Area Legislative Council.
(3) Within 14 days of the presentation of the notice, (whether or not any
statement was made by the holder of the office in reply to the allegation
contained in the notice) the Area Legislative Council, shall resolve by motion
without any debate whether or not the allegation shall be investigated.
(4) A motion of the Area Legislative Council that the allegation be investigated
shall not be declared as having been passed unless it is supported by the votes
of not less than two-thirds majority of all the members of the Area Legislative
Council.
(5) Within 7 days of the passing of a motion under subsection (4) of this
Section, the Speaker of the Area Legislative Council shall inform the Chief
Judge of the Federal Capital Territory, Abuja, who shall appoint a Panel of
seven persons who in the opinion of the Chief Judge are of unquestionable
integrity not being members of -
(a) any public or civil service;
(b) a legislative house; or
(c) a political party;
to investigate the allegation as provided in this section.
(6) The holder of an office whose conduct is being investigated under this
section shall have the right to defend himself in person or be represented
before the Panel by a legal practitioner of his own choice.
(7) A Panel appointed under this section shall -
(a) have such powers and exercise its functions in accordance with such
procedure as may be prescribed by an Act of the National Assembly; and
(b) within three months of its appointment, report its findings to the Area
Legislative Council.
(8) Where the Panel reports to the Area Legislative Council that the allegation
has not been proved no further proceedings shall be taken in respect of the
matter.
(9) Where the report of the Panel is that the allegation against the holder of
the office has been proved, then within 14 days of the receipt of the report,
the Area Legislative Council shall consider the report with the holder of the
office being present at the meeting and if by a resolution of the Area Council
supported by not less than two-thirds majority of all its members, the report of
the Panel is adopted then the holder of the office shall stand removed from
office as from the date of the adoption of the report.
109. A member of a Local Government Legislative Council may be recalled as a
member if -
(a) There is presented to the Chairman of the Commission a petition in that
behalf signed by more than two-third of the persons registered to vote in that
member’s constituency alleging their loss of confidence in that member; and
(b) the petition is thereafter approved in a referendum conducted by the
Commission within 90 days of the date of the receipt of the petition by a
two-third of the votes of the persons registered to vote in that member’s
constituency.
PART V - PROCEDURE FOR LOCAL GOVERNMENT COUNCIL ELECTIONS
110. Voting in Local Government Council Elections shall be by open-secret
ballot.
111. The procedure for filing nominations and the casting and counting of votes
for Local Government Council elections shall be the same as is applicable to
other elections under this Acts
112. (1) If after the expiration of time for the delivery of Nomination
Papers and the withdrawal of candidates for election of Councillors under this
Act only one candidate remains duly nominated, that candidate shall be declared
returned unopposed.
(2) If after the expiration of time for the delivery of Nomination Papers and
the withdrawal of candidates for election of Councillors under this section more
than one candidate are duly nominated, a poll shall be taken in accordance with
the provisions of this Act.
(3) Where in an election to the office of Chairman at the close of nomination
one of the candidates
(a) has been nominated; or
(b) nominated for the election is the only candidate by reason of the
disqualification, withdrawal, incapacitation, disappearance or death of the
other candidates,
the State Independent Electoral Commission shall extend the time for nomination
by 7 days, provided that where after the extension only one candidate remains
validly nominated, there shall be no further extension.
113. (1) A candidate for an election to the Office of Chairman shall be
deemed to have been duly elected to the office where being the only candidate
nominated for the election -
(a) he has a majority of YES votes over NO votes cast at the election; and
(b) he has not less than one-third of the votes cast at the election in each of
at least two-thirds of all the wards in the Local Government.
But where the only candidate fails to be elected in accordance with this
subsection then there shall be fresh nominations.
(2) A candidate for an election to the office of the Chairman shall be deemed to
have been elected where, there being only two candidates for the election -
(a) he has a majority of the votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election in each
of at least two-thirds of all the wards in the Local Government Council, as the
case may be.
(3) If no candidate is duly elected under subsection (2) of this section, the
State commission shall within 7 days conduct a second election between the two
candidates, and the candidate who scored the majority of votes cast at the
election shall be deemed duly elected at the election.
(4) A candidate for an election to the office of Chairman shall be deemed to
have been duly elected where, there being more than two candidates for the
election -
(a) he has the highest number of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election in each
of at least two-thirds of all wards in the Local Government, as the case may be.
(5) If no candidate is duly elected in accordance with subsection (4) of this
section, there shall be a second election in accordance with subsection (6) of
this section at which the only candidates shall be -
(a) the candidate who scored the highest number of votes at the election held
under subsection (4) of this section; and
(b) one among the remaining candidates who has the majority of votes in the
highest number of wards so however that where there are more than one candidate,
the one among them with the highest total number of votes cast at the election
shall be the second candidate for the election.
(6) In default of a candidate duly elected under the foregoing subsections, the
State Independent Electoral Commission shall within 7 days of the result of the
election held under the said subsections arrange for another election between
the two candidates and a candidate at such an election shall be deemed to have
been duly elected to the office of a Chairman of Local Government if he has -
(a) a majority of the votes cast at the election; and
(b) not less than one-quarter of the votes cast at the election in each of at
least two-thirds of all the wards in the Local Government, as the case may be.
(7) If no candidate is duly elected under subsection (6) of this section,
arrangements shall be made within 7 days of the result of the last election, for
another election between the two candidates specified in subsection (6) of this
section, and a candidate at this last election shall be deemed duly elected to
the office of Chairman of a Local Government if he scores a simple majority of
votes cast at the election.
PART VI - ELECTORAL OFFENCES
114: Any person who:
(a) without authority, destroys, mutilates, defaces or removes or makes any
alteration in any notice or document required for the purpose of registration
under this Act;
(b) knowingly gives false information or makes a false statement with reference
to any application for registration of his name or with reference to any
objection to the retention of the name of a person in the register of voters;
(c) presents himself to be or does any act whereby he is by what name or
description howsoever, included in the register of voters for a constituency in
which he is not entitled to be registered or causes himself to be registered in
more than one registration or revision centre;
(d) publishes any statement or report which he knows to be false or does not
believe to be true so as to prevent persons who are qualified to register from
registering as voters;
(e) makes in any record, register or document which he is required to prepare,
publish or keep for the purpose of registration, any entry or statement which he
knows to be false or does not believe to be true;
(f) impedes or obstructs a registration officer or a revision officer in the
performance of his duties;
(g) without proper authority, wears the identification of a registration officer
or assistant registration officer or wears any other identification purporting
to be the identification of a registration officer or assistant registration
officer;
(h) forges a registration card; or
(i) carries out registration or revision of voters at a centre or place not
designated by the Commission.
commits an offence and liable on conviction to a fine of N100,000 or to twelve
months imprisonment or to both.
115. (1) A person commits an offence if he -
(a) forges any nomination paper;
(b) wilfully defaces or destroys any nomination paper;
(c) delivers to an electoral officer any nomination paper knowing it to be
forged;
(d) signs a nomination paper as a candidate in more than one constituency at the
same election;
(e) forges any ballot paper or official mark on any ballot paper or any
certificate of return;
(f) wilfully destroys any ballot paper or official mark on any ballot paper or
any certificate of return;
(g) without authority gives a ballot paper to any person;
(h) wilfully places in any ballot box any unauthorized paper;
(i) wilfully removes from a polling station any ballot paper whether or not the
ballot paper was issued to him in that polling station;
(j) without authority destroys or in any other manner interferes with a ballot
box or its contents or any ballot paper then in use or likely to be used for the
purpose of an election;
(k) signs a nomination paper consenting to be a candidate at an election knowing
that he is ineligible to be a candidate at that election;
(l) without proper authority prints a ballot paper or what purports to be or is
capable of being used as a ballot paper at an election;
(m) being authorized by the Commission to print ballot papers prints more than
the number or quantity the Commission authorized;
(n) without authority, is found in possession of a ballot paper when he is not
in the process of voting and at a time when the election for which the ballot
paper is intended is not yet completed;
(o) manufactures, constructs, imports into Nigeria, has in his possession,
supplies to any election official or uses for the purpose of an election, or
causes to be manufactured, constructed or imported into Nigeria, supplies to any
election official for use for the purpose of any election, any Ballot Box
including any compartment, appliance, device or mechanism on or by which a
ballot paper may or could be secretly placed or stored in, or having been
deposited during polling may be secretly diverted, misplaced or manipulated.
(2) A person who commits an offence under subsection (1) is liable on conviction
to a fine of N200,000 or to imprisonment for 2 years or to both.
(3) An attempt to commit any offence under this section shall be punishable in
the same manner as the offence itself.
116. Any person who, at a political meeting held after the date for an
election has been announced -
(a) acts or incites another to act in a disorderly manner for the purpose of
preventing the transaction of the business for which the meeting was convened;
or
(b) has in his possession an offensive weapon or missiles;
commits an offence and liable on conviction to a fine of N100,000 or
imprisonment for twelve months or both.
117. Any person who -
(a) being entitled to a voters card, gives it to some other person for use at an
election other than an officer appointed and acting in the course of his duty
under this Act;
(b) not being an officer acting in the course of his duty under this Act,
receives any Voters Card in the name of some other person for use at an
election;
(c) without lawful excuse has in his possession more than one Registration Card;
or
(d) buys, sells, procures or deals, with a Voters Card otherwise than as
provided in this Act;
commits an offence is liable on conviction to a fine of N100,000 or imprisonment
for twelve months or both.
118. (1) No person shall provide for the purpose of an other person to a
registration office or to a polling station any Government vehicle or boat, or
any vehicle or boat belonging to a public corporation except in respect of a
person who is ordinarily entitled to use such vehicle or boat and in emergency
in respect of an electoral officer.
(2) Any person who contravenes the provisions of this section shall be guilty of
an offence and liable on conviction to a fine of N50,000 or to imprisonment for
six months or to both.
119. (1) Any person who -
(a) applies under this Act to be included in any list of voters in the name of
some other person, whether such name is that of a person living or dead or of a
fictitious person;
(b) having once to his knowledge been properly included in a list of voters
under this Act as a voter entitled to vote at any election, applies, except as
authorized by this Act, to be included in any other list of voters prepared for
any Constituency as a voter at an election;
(c) applies for a Ballot Paper in the name of some other person, whether such
name is that of a person living or dead or of a fictitious person;
(d) having voted once at an election applies at the same election for another
Ballot Paper;
(e) votes or attempts to vote at an election knowing that he is not qualified to
vote at the election; or
(f)induces or procures any other person to vote at an election knowing that such
other person is not qualified to vote at the election.
commits an offence and is liable on conviction to a fine of N100,000 or twelve
months imprisonment or both.
(2) Any person who commits the offence of impersonation or who aids, abets,
counsels or procures the commission of that offence, shall be guilty of an
offence and be liable on conviction to a fine of N100,000 or imprisonment for
twelve months or both.
(3) No person charged with the offence of impersonation shall be convicted
except on the evidence of at least two witnesses.
120. (1) Any officer appointed for the purposes of this Act, who without
lawful excuse commits any act or omission in breach of his official duty shall
be guilty of an offence and shall be liable on conviction to a fine of N100,000
or to imprisonment for twelve months or both.
(2) Any Polling Officer who fails to report promptly at his polling station on
an election day without lawful excuse shall be guilty of dereliction of duty and
on conviction shall be liable to a line of N100,000 or twelve months
imprisonment or both.
(3) Any Polling Officer who fails to discharge his lawful duties at his polling
station without lawful excuse shall be guilty of dereliction of duties and on
conviction shall be liable to a fine of N100,000 or twelve months imprisonment
or both.
(4) Any person who announces or publishes an election result knowing same to be
false or which is at variance with the signed certificate or return shall be
guilty of an offence and on conviction shall be liable to a fine of N200,000 or
twenty-four months imprisonment or both.
(5) Any Returning Officer/Collation Officer who delivers or causes to be
delivered a false certificate or return knowing same to be false to the
Commission or a State Independent Electoral Commission, shall be guilty of an
offence and on conviction shall be liable to a fine of N200,000 or twenty-four
months imprisonment or both.
(6) Any person who delivers or causes to be delivered a false Certificate or
Return knowing same to be false to any news media shall be guilty of an offence
and on conviction shall be liable to a fine of N100,000 or twelve months
imprisonment or both.
121. (1) Any person who does any of the following -
(a) directly or indirectly by himself or by any other person on his behalf,
gives, lends or agrees to give or lend, or offers, promises;
(b) promises to procure or to endeavour to procure, any money or valuable
consideration to or for any voter, or to or for any person on behalf of any
voter, or to or for any other person, in order to induce any voter to vote, to
refrain from voting, or corruptly does any such act as aforesaid on account of
such voter having voted or refrained from voting, at any election;
(c) directly or indirectly, by himself or by any other person on his behalf,
corruptly makes any gift, loan, offer, promise, procurement or agreement as
aforesaid to or for any person, in order to induce such person to procure or to
endeavour to procure the return of any person as a Member of a Legislative House
or to an elective office or the vote of any voter at any election;
(d) upon or in consequence of any gift, loan, offer, promise, procurement or
agreement as aforesaid, corruptly procures, or engages or promises or endeavours
to procure, the return of any person as a member of a Legislative House or to an
elective office or the vote of any voter at any election;
(e) advances or pays or causes to be paid any money to or for the use of any
other person, with the intent that such money or any part thereof shall be
expended in bribery at any election, or who knowingly pays or causes to be paid,
any money to any person in discharge or repayment of any money wholly or in part
expended in bribery at any election; or
(f) after any election directly, or indirectly, by himself, or by any other
person on his or her behalf receives any money or valuable consideration on
account of any person having voted or refrained from voting, or having induced
any other person to vote or refrain from voting or having induced any candidate
to refrain from canvassing for votes for himself/herself at any such election;
commits an offence and on conviction is liable to a fine of N 100.000 or twelve
months imprisonment or both.
(2) A voter shall be guilty of an offence of bribery who before or during an
election directly or indirectly himself or by any other person on his behalf,
receives, agrees or contracts for any money, gift, loan, or valuable
consideration, office, place or employment, for himself, or for any other
person, for voting or agreeing to vote or for refraining or agreeing to ‘refrain
from voting at any such election.
(3) Nothing in this section shall extend or apply to money paid or agreed to be
paid for or on account of any lawful expenses bona fide incurred at or
concerning any election.
(4) Any person who commits the offence of bribery shall be liable on conviction
to a fine of N100,000 or imprisonment for twelve months or both.
(5) Any person who conspires, aids or abets with any other person to commit any
of the offences under this Part of this Act shall be guilty of the same offence
and punishment thereto.
(6) For the purposes of this Act, a candidate shall be deemed to have committed
an offence if it was committed with his knowledge and consent or the knowledge
and consent of a person who is acting under the general or special authority of
the candidate with reference to the election.
122. (1) Any person who is convicted of an offence under this part of this
Act which amounts to corrupt practice or is convicted of aiding, abetting,
counselling or procuring the commission such offence shall, in addition to any
other penalty, be disqualified during a period of four years from the date of
his conviction from being -
(a) registered as a voter or voting at any election; and
(b) elected under this Act or if elected before his conviction, from retaining
the office to which he was elected.
(2) For the purposes of this section, a candidate shall be deemed to have
committed a corrupt practice if it was committed with his knowledge and consent
or the knowledge and consent of a person who is acting under the general or
special authority of the candidate with reference to the election
123. (1) Every person in attendance at a Polling Station including every
officer charged with the conduct of an election and his or her assistants and
every Polling Agent and candidate in attendance at a polling station or at the
Collation Centre, as the case may be, shall maintain and aid in maintaining the
secrecy of the voting.
(2) No person in attendance at a Polling Booth under this section shall, except
for some purpose authorized by law, communicate to any person information as to
the name or number on the register of any voter who has or has not voted at the
place of voting.
(3) No person shall -
(a) interfere with a voter casting his vote, or by any other means obtain or
attempt to obtain in a polling station information as to the candidate for whom
a voter in that place is about to vote for or has voted for; or
(b) communicate at any time to any other person information obtained in a
polling station as to the candidate to whom a voter is about to vote or has
voted for.
(4) Any person acting contrary to the provisions of this section commits an
offence and shall be liable upon conviction to a fine of N50,000 or to
imprisonment for six months or both.
124. Any person who:
(a) votes at an election or induces or procures any person to vote at an
election, knowing that he or she such person is prohibited from voting thereat;
or
(b) before or during an election, publishes any statement of the withdrawal of a
candidate at such election knowing it to be false or reckless as to its truth or
falsity: or
(c) before or during an election publishes any statement as to the personal
character or conduct of a candidate calculated to prejudice the chance of
election of the candidate or to promote or procure the election of another
candidate and such statement is false and was published without reasonable
grounds for belief by the person publishing it that the statement was true,
commits an offence and is liable on conviction to a fine of N50,000 or
imprisonment for a term of six months or both.
125. (1) Any person who knowingly votes or attempts to vote in a Constituency
in respect of which his name is not on the register of voters shall be guilty of
an offence and liable on conviction to a fine of N50,000 or to imprisonment for
six months or both.
(2) Any person who knowingly brings into a polling station during an election a
voters card issued to another person shall be guilty of an offence and shall be
liable on conviction to a fine of N50,000 or to imprisonment for six months or
both.
126. Any person who at an election acts or incites others to act in a
disorderly manner shall be guilty of an offence and be liable on conviction to a
fine of N50,000 or imprisonment for a term of six months or both.
127. (1) No person shall on the date on which an election is held do any of the
following acts or things in a polling station or within a distance of 300 metres
of a Polling Station -
(a) canvass for votes;
(b) solicit the vote of any voter;
(c) persuade any voter not to vote for any particular candidate;
(d) persuade any voter not to vote at the election;
(e) shout slogans concerning the election;
(f) be in possession of any offensive weapon or wear any dress or have any
facial or other decoration which in any event is calculated to intimidate
voters;
(g) exhibit, wear or tender any notice, symbol, photograph or party card
referring to the election;
(h) use any vehicle bearing the colour or symbol of a political party by any
means whatsoever;
(i) loiter without lawful excuse after voting or being refused to vote;
(j) snatch or destroy any election materials; and
(k) blare siren.
(2) No person shall in the vicinity of a polling unit or collation centre on the
day of which an election is held -
(a) convene, hold or attend any public meeting during the hours of poll as may
be prescribed by the Commission; or
(b) unless appointed under this Act to make official announcements, operate any
megaphone, amplifier or public address apparatus; or
(c) wear or carry any badge, poster, banner, flag or symbol relating to a
political party or to the election.
(3) A person who contravenes any of the provisions of this section shall be
guilty of an offence and liable on conviction to a fine of N5,000 or
imprisonment for six months for every such offence.
128. A person who:
(a) corruptly by himself or by any other person at any time after the date of an
election has been announced, directly or indirectly gives or provides or pays
money to or for any person for the purpose of corruptly influencing that person
or any other person to vote or refrain from voting at such election, or on
account of such person or any other person having voted or refrained from voting
at such election; or
(b) being a voter, corruptly accepts or takes money or any other inducement
during any of the period stated in paragraph (a) of this section;
commits an offence and shall be liable on conviction to a fine of N100,000 or
twelve months imprisonment or both.
129. A person who:
(a) directly or indirectly, by himself or by another person on his behalf, makes
use of or threaten to make use of any force, violence or restrain;
(b) inflicts or threatens to inflict by himself or by any other person, any
temporal or spiritual injury, damage, harm or loss on or against a person in
order to induce or compel that person to vote or refrain from voting, or on
account of such person having voted or refrained from voting; or
(c) by abduction, duress, or a fraudulent device or contrivance, impedes or
prevents the free use of the vote by a voter or thereby compels, induces, or
prevails on a voter to give or refrain from giving his vote,
(d) by preventing any political aspirants from free use of the media, designated
vehicles, mobilization of political support and campaign at an election.
commits the offence of undue influence and liable on conviction to a fine of
N100,000 or imprisonment for twelve months, and shall in addition be guilty of
corrupt practice under Section 121 of this Act and the incumbent be disqualified
as a candidate in the election.
Section 130: The offences referred to in this Act shall apply to recall of a
member of Legislative House and a member of a Local Government Council.
PART VII - DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS
131. (1) No election and no return at an election under this Act shall be
questioned in any manner other than by a petition complaining of an undue
election or undue return (in this Act referred to as an “election petition”)
presented to the competent tribunal or court in accordance with the provisions
of the Constitution or of this Act, and in which the person elected or returned
is joined as a Party.
(2) In this section “tribunal or court” means -
(a) in the case of Presidential election, the Court of Appeal; and
(b) in the case of any other elections under this Act, the Election Tribunal
established by the Constitution or by this Act.
The Election Tribunals provided for under the Constitution and this Act shall be
constituted not later than 14 days before the Election.
132. An election petition under this Act shall be presented within thirty
(30) days from the date the result of the election is declared:
133. (1) An election petition may be presented by one or more of the
following persons: -
(a) a candidate at an election;
(b) a Political Party which participated at the election.
(2) The person whose election is complained of is, in this Act, referred to as
the Respondent, but if the petition complains of the conduct of an Electoral
Officer, a Presiding Officer, a Returning Officer or any other person who took
part in the conduct of an election, such officer or person shall for the purpose
of this Act be deemed to be a Respondent and shall be joined in the election
petition in his or her official status as a necessary party.
134. (1) An election may be questioned on any of the following grounds, that
is to say:
(a) that a person whose election is questioned was, at the time of the election,
not qualified to contest the election;
(b) that the election was invalid by reason of corrupt practices or
non-compliance with the
provisions of this Act;
(c) that the respondent was not duly elected by majority of lawful votes cast at
the election; or
(d) that the petitioner or its candidate was validly nominated but was
unlawfully excluded from the election.
(2) An act or omission which may be contrary to an instruction or directive of
the Commission or of an officer appointed for the purpose of the election but
which is not contrary to the provisions of this Act shall not of itself be a
ground for questioning the election.
135. (1) An Election shall not be liable to be invalidated by reason of non
compliance with the provisions of this Act if it appears to the Election
Tribunal or Court that the election was conducted substantially in accordance
with the principles of this Act and that the non-compliance did not affect
substantially the result of the election.
(2) An election shall not be liable to be questioned by reason of a defect in
the title, or want of title of the person conducting the election or acting in
the office provided such a person has the right or authority of the Commission
to conduct the election.
136. (1) Subject to subsection (2) of this section, if the Tribunal or the
Court as the case may be, determines that a candidate who was returned as
elected was not validly elected on any ground, the Tribunal or the Court shall
nullify the election.
(2) If the Tribunal or the Court determines that a candidate who was returned as
elected was not validly elected on the ground that he did not score the majority
of valid votes cast at the election, the Election Tribunal or the Court, as the
case may be, shall declare as elected the candidate who scored the highest
number of valid votes cast at the election and satisfied the requirements of the
Constitution and this Act.
(3) On the motion of a respondent in an election petition, the Election Tribunal
or the Court, as the case may be, may strike out an election petition on the
ground that it is not in accordance with the provisions of this Part of this
Act, or the provisions of Schedule I of this Act.
137. Without prejudice to the provisions of section 294 subsection (1) of the
Constitution of the Federal Republic of Nigeria, 1999, an election petition and
an appeal arising therefrom under this Act shall be given accelerated hearing
and shall have precedence over all other cases or matters before the Tribunal or
Court.
138. (1) If the Election Tribunal or the Court, as the case may be, determines
that a candidate returned as elected was not validly elected, then if notice of
appeal against that decision is given within 2 1 days from the date of the
decision, the candidate returned as elected shall, notwithstanding the contrary
decision of the Election Tribunal or the Court, remain in office pending the
determination of the appeal.
(2) If the Election Tribunal or the Court, as the case maybe, determines that a
candidate returned as elected was not validly elected, the candidate returned as
elected shall, notwithstanding the contrary decision of the Election Tribunal or
the Court, remain in office pending the expiration of the period of 21 days
within which an appeal may be brought.
139. The rules of procedure to be adopted for election petitions and appeals
arising therefrom shall be those set Out in Schedule I to this Act.
PART VIII - MISCELLANEOUS
Section 140: No person holding an elective office to which this Act relates
or a registered member of a Political Party shall be eligible for or be
appointed to carry out the duties of a returning officer, an electoral officer,
presiding officer or a poll clerk; and any officer appointed to carry out any of
those duties shall be ineligible for nomination as a candidate for election
while the continues to hold any such appointment.
141. If the registration card of a voter is lost or accidentally destroyed
the voter may attend in person at the office of the registration officer and
apply for another registration card. The registration officer shall make such
enquires as the Commission may prescribe for the purpose; and where the
registration officer is satisfied as to the loss or accidental destruction of
the registration card, he may issue another card to the voter.
142. (1) The Commission may prescribe -
(a) a scale of remuneration for officers appointed under this Act for the
conduct of elections;
(b) a scale of maximum charges in respect of other expenses incurred by an
Electoral Officer, a Presiding Officer or a Returning Officer in connection with
an election, and may revise the scale as it thinks fit or expedient.
(2) An Electoral Officer, Presiding Officer, or Returning Officer shall, in
addition to any remuneration prescribed under paragraph (a) of subsection (1) of
this section be entitled to such sums in respect of expenses not exceeding the
prescribed scale, in connection with the conduct of an election as are
reasonable.
(3)The Commission may pay such honoraria as it may determine to all other
persons and officers who may be involved in one way or the other in conducting
an election under this Act, or in carrying out any task in connection with an
election or election petitions arising therefrom.
(4) All fees and other remuneration approved under subsection (1) of this
section shall be charged upon the Consolidated Revenue Fund of the Federation
and shall be paid in such manner as the Commission deems fit.
143. No person who has voted in any election under this Act shall, in any
legal proceedings arising out of the election, be required to say for whom he
voted.
144. The Attorney-General of the Federation or of a State shall consider any
recommendation made to him or a tribunal by the Commission with respect to the
prosecution by him of any person for an offence disclosed in an election
petition.
145. (1) An offence committed under this Act shall be tried in a Court of
competent jurisdiction in the State in which the offence is committed, or the
Federal Capital Territory, Abuja.
(2) Without prejudice to S. 26, subsection (8) of this Act, prosecution under
this Act shall be undertaken by-
(a) the Attorney-General of the State in which the offence is committed or by a
legal officer in the Ministry of Justice of that State; or
(b) the Attorney-General of the Federation or by a legal officer in the Federal
Ministry of Justice, if the offence is committed in the Federal Capital
Territory, Abuja.
146. (1) An order for an inspection of a polling document or an inspection of
a document or any other packet in the custody of the Chief National Electoral
Commissioner or any other officer of the Commission may be made by the Election
Tribunal or the Court it is satisfied that the order required is for the purpose
of instituting or maintaining an election petition.
(2) A document other than a document referred to in subsection (1) of this
Section relating to an election and which is retained by the Chief National
Electoral Commissioner or any other officer of the Commission in accordance with
this section shall be open for inspection on an order made by the Election
Tribunal or a Court in exercise of its powers to compel the production of
documents in legal proceedings, but shall not otherwise be open for inspection.
Section 147: (1) The Chief National Electoral Commissioner or any other
officer of the Commission authorized by him shall retain for twenty-four months
all documents relating to an election forwarded to him or her in accordance with
the provisions of this Act and shall then, unless -
(a) otherwise ordered by the Election Tribunal or the Court, as the case may be;
or
(b) he or she is aware that legal proceedings are pending in respect of the
election, cause them to be transferred to the National Archives for
preservation.
(2) A document other than a document referred to in subsection (1) of this
Section relating to an election and which is retained by the Chief National
Electoral Commissioner or any other officer of the Commission in accordance with
this section shall be open for inspection on an order made by the Election
Tribunal or a Court in exercise of its powers to compel the production of
documents in legal proceedings, but shall not otherwise be open for inspection.
148. Without prejudice to the other provisions of this Act, the Commission
may delegate any of its powers and functions to any National Electoral
Commissioner, Resident Electoral Commissioner, Electoral Officer, any other
officer of the Commission or any other officer appointed under the provision of
this Act subject to any conditions or limitations which it may consider
necessary or expedient to impose and no such delegation shall be construed to
limit the right of the Commission to exercise such power, itself.
149. The Commission may, subject to the provisions of this Act, issue
regulations, guidelines, or manuals for the purpose of giving effect to the
provisions of this Act and for the due administration thereof.
150. Notwithstanding any defect or error in any notice, form or document made
or given or other thing whatsoever done in pursuance of the provisions of this
Act or rules made thereunder, such notice, form or document, is hereby validated
with effect from the date on which it was made, given or done respectively.
151. (1) In this Act, unless the context otherwise requires:
“appointment” includes appointment to an office, confirmation of appointment,
promotion or transfer;
“Area Council” means Area Councils recognized an existing by virtue of section
3(6) of the 1999 Constitution and as set out in Part II of the First Schedule
thereof and any additional Area Councils provided for by an Act of the National
Assembly in accordance with section 8(5) of the Constitution.
“Association” means any body of persons (corporate or incorporate) who agree to
act together for any common purpose and includes an association formed for any
ethnic, social, cultural, occupational or religious purpose.
“Attorney-General of the Federation” means the Chief Law Officer of the
Federation; “authority” includes government or government agency;
“Chief Electoral Commissioner” means the Chairman of Independent National
Electoral Commission;
‘Civil Service” means service of the Federation, State or Local Government in a
civil capacity as staff of the Federal, State, or Local Government assigned with
the responsibility of any business of the Government;
“Clerk” means the Clerk of the National Assembly, Clerk of the State House of
Assembly, and Clerk of the Legislative House of the Local Government/Area
Council or any person acting in that capacity;
“Commission” means the Independent National Electoral Commission established by
the Constitution:
“Constitution” means the Constitution of the Federal Republic of Nigeria 1999;
“decision”, means in relation to court or tribunal, any determination of that
court or tribunal and includes a judgment, decree, conviction, sentence, order
or recommendation;
“Electoral Officer” means a staff of the Commission who is the head of the
Commission’s office at a Local Government Area or Area Council level;
“Federation’ means the Federal Republic of Nigeria;
“Function” includes power and duty;
“General Election” means an election held in the Federation at large and at all
levels. A regularly recurring election to select officers to serve after the
expiration of the full terms of their predecessors;
“Government” includes the Government of the Federation, of a State or of a Local
Government Area or Area Council, or any person or organ exercising power or
authority on its behalf; “House” or Legislative House” means the House of
Assembly of a State, the House of Representatives or the Senate and includes the
Legislative House of a Local Government Area or Area Council;
“Leader(s) of an association” means every person holding an executive position
in that association, including in particular, the Chairman, Secretary or
Treasurer of the association and every member of its committee of management,
however described;
“Leader(s) of a Political Party” means every person holding an executive
position in that Political Party, including in particular, the Chairman,
Secretary or Treasurer of the Political Party and every member of its committee
of management, however described;
“Legal Incapacity” means a person disqualified under the Constitution or the
present Act or any other Law, Rules and Regulations from registering as a voter
or from contesting elections;
“Local Government means Local Government recognised and existing by virtue of
section 3(6) of the 1999 Constitution and set out in Parts I and II of the First
Schedule thereof and any additional Local Government provided for by an Act of
the National Assembly in accordance with section 8(5) of the Constitution.
“National Assembly” means the Senate and the House of Representatives;
“Offensive weapon or missiles” includes any cannon, gun, rifle, carbine, machine
gun, cap-gun, flint-lock gun, revolver, pistol, air gun, air pistol, or other
firearms (whether whole or in detached pieces), bow and arrow, spear, cutlass,
machete, knife, dagger, cudgel, or any piece of wood, metal, bottle, or stone,
acid, corrosive powder, irritating pressurized gaseous liquid;
“Office’ or “Public Office” means any of the offices the occupation to which is
by election or appointment under this Act;
“Petition” means an election petition under this Act;
“Political Party” includes any association of persons whose activities include
canvassing for votes in support of a candidate for election under this Act and
registered by the Commission; “Polling Station” means the place, enclosure,
booth, shade or house at which voting takes place under this Act and includes
polling unit;
“Power” includes function and duty;
“President” means the President of the Federal Republic of Nigeria;
“Registrar” includes Chief Registrar, Deputy Chief Registrar and Registrar of
other grades of the Supreme Court, Court of Appeal. Federal High Court and the
High Court of a State:
“Registration Officer” includes supervisory assistant registration officer and
assistant registration officer;
“Resident Electoral Commissioner” means the Commissioner deployed for the time
being to a State;
“Return” means the declaration by a Returning Officer of a candidate in an
election under this Act as being the winner of the election;
“School Certificate or its equivalent” means the following -
(a) a Secondary School Certificate or its equivalent or Grade II Teachers’
Certificate, the City and Guilds Certificate; or
(b) education up to Secondary School Certificate level; or
(c) Primary Six School Leaving Certificate or its equivalent and;
(i) service in the public or private sector of the Federation in any capacity
acceptable to the Commission for a minimum of 10 years; and
ii) attendance at courses and training in such institutions as may be acceptable
to the Commission for periods totalling up to a minimum of 1 year; and
iii) the ability to read, write, understand and communicate in the English
Language to the satisfaction of the Commission: and
(d) any other qualification acceptable by the Commission;
“Secret Society” includes any association, group or body of persons (whether
registered or not):
(a) that uses secret signs, oaths, rites or symbols and which is formed to
promote a cause, the purpose or part of the purposes of which is to foster the
interest of its members and to aid one another under any circumstances without
due regard to merit, fairplay or justice to the detriment of the legitimate
interest of those who are not members;
(b) the membership of which is with the function or dignity of any public office
under this Act or any other enactment and whose members are sworn to observe
oaths of secrecy; and
(c) the activities of which are not known to the public at large; and
(d) the names of whose members are kept secret; and
(e) whose meetings and other activities are held in secret.
“State” when used otherwise than in reference to one of the component parts of
the Federal Republic of Nigeria shall include government of a State;
“State Commission” means State Independent Electoral Commission established by
S. 197 of the Constitution.
All references in this Act to a State in the Federation shall, where
appropriate, be deemed to include references to the Federal Capital Territory.
152. The Electoral Act of 2001 is hereby repealed.
153. This Act may be cited as the Electoral Act 2002.
EXPLANATORY MEMORANDUM
This Act seeks to regulate the conduct of Federal, State and Local Government
Elections and also provide penalties accordingly.
