Second Schedule – Nigerian Electoral Act 2010

Second Schedule – Electoral Act 2010

Section 28 (1)

INDEPENDENT NATIONAL ELECTORAL COMMISSION OATH/ AFFIRMATION OF NEUTRALITY

I do solemnly swear/affirm that I will be faithful to the
Federal Republic of Nigeria; that as
……………………………………………………………………I
will discharge my duties to the best of my ability in
accordance with the Constitution of the Federal Republic
of Nigeria, the Electoral Act and the Guidelines issued by
the Independent National Electoral Commission; that I
will do the right to all candidates and political parties
according to law without fear or favour, affection or illwill.
So help me God.
…………………..
Deponent
Sworn to / Affirmed at………… This day of……………. 20…….
Before me
………………………………………………….
Resident Electoral Commissioner


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First Schedule – Nigerian Electoral Act 2010

First Schedule – Nigerian Electoral Act 2010

Rules of Procedure for Election Petitions

  1. In this Schedule-
    “Attorney-General” means the Attorney-General of the
    Federation and includes the Attorney-General of a State
    where the context admits;
    “Civil Procedure Rules” means the Civil Procedure Rules of
    the Federal High Court for the time being in force;
    “Election” means any election under this Act to which an
    election petition relates;
    “Registry” means a Registry set up for an Election Tribunal
    established by the Constitution or this Act or the Registry
    of the Court of Appeal;
    “Secretary” means the Secretary of an election Tribunal
    established by the Constitution or this Act and shall include
    the Registrar of the Court of Appeal or any officer or Clerk
    acting for him;
    “Tribunal” means an Election Tribunal established under
    this Act or the Court of Appeal;
    “Tribunal Notice Board” means a notice board at the
    Registry or a notice board at the place of hearing where
    notice of presentation of election petition or notice of
    hearing an election petition or any other notice may be
    given or posted.

SECURITY FOR COSTS

  1. (1) At the time of presenting an election petition, the
    petitioner shall give security for all costs which may
    become payable by him to a witness summoned on
    his behalf or to a respondent.

    (2) The security shall be of such amount not less than
    N5,000.00 as the Tribunal or Court may order and
    shall be given by depositing the amount with the
    Tribunal or Court.

    (3) Where two or three persons join in an election
    petition, a deposit as may be ordered under
    subparagraph (2) of this paragraph of this Schedule
    shall be sufficient.
    (4) If no security is given as required by this paragraph,
    there shall be no further proceedings on the election
    petition.

PRESENTATION OF ELECTION PETITION

  1. (1) The presentation of an election petition under this
    Act shall be made by the petitioner (or petitioners if
    more than one) in person, or by his Solicitor, if any,
    named at the foot of the election petition to the
    Secretary, and the Secretary shall give a receipt.

    (2) The Petitioner shall, at the time of presenting the
    election petition, deliver to the Secretary a copy of the
    election petition for each respondent and ten other
    copies to be preserved by the Secretary.

    (3) The Secretary shall compare the copies of the election
    petition received in accordance with subparagraph (2)
    of this paragraph with the original petition and shall
    certify them as true copies of the election petition on
    being satisfied by the comparison that they are true
    copies of the election petition.
    (4) The petitioner or his Solicitor, as the case may be,
    shall, at the time of presenting the election petition,
    pay the fees for the service and the publication of the
    petition, and for certifying the copies and, in default
    of the payment, the election petition shall be deemed
    not to have been received; unless the Tribunal or
    Court otherwise orders.

CONTENTS OF ELECTION PETITION

  1. (1) An election petition under
    this Act shall- (a) specify the parties
    interested in the election petition;
    (b) specify the right of the petitioner to present the
    election petition;
    (c) state the holding of the election, the scores of the
    candidates and the person returned as the winner of
    the election; and
    (d) state clearly the facts of the election petition and the
    ground or grounds on which the petition is based and
    the relief sought by the petitioner.

    (2) The election petition shall be divided into paragraphs
    each of which shall be confined to a distinct issue or
    major facts of the election petition, and every
    paragraph shall be numbered consecutively.
    (3) The election petition shall further-
    (a) conclude with a prayer or prayers, as for instance,
    that the petitioner or one of the petitioners be
    declared validly elected or returned, having polled the
    highest number of lawful votes cast at the election or
    that the election may be declared nullified, as the case
    may be; and
    (b) be signed by the petitioner or all petitioners or by the
    Solicitor, if any, named at the foot of the election
    petition.

    (4) At the foot of the election petition there shall also be
    stated an address of the petitioner for service at
    which address documents intended for the petitioner
    may be left and its occupier.
    (5) The election petition shall be accompanied by-
    (a) a list of the witnesses that the petitioner intends to
    call in proof of the petition;
    (b) written statements on oath of the witnesses; and
    (c) copies or list of every document to be relied on at the
    hearing of the petition.
    (6) A petition which fails to comply with sub-paragraph
    (5) of this paragraph shall not be accepted for filing
    by the secretary.

    (7) The election petition shall be accompanied by-
    (a) a list of the witnesses that the petitioner intends to
    call in proof of the petition;
    (b) written statements on oath of the witnesses; and
    (c) copies or list of every document to be relied on at the
    hearing of the petition.

    (8) A petition which fails to comply with subparagraph (7)
    of this paragraph shall not be accepted for filing by
    the Secretary.
    (9) An election petition, which does not comply with,
    subparagraph (1) of this paragraph or any provision
    of that subparagraph is defective and may be struck
    out by the Tribunal or Court.

FURTHER PARTICULARS.

  1. Evidence need not to be stated in the election petition,
    but the Tribunal or Court may order such further
    particulars as may be necessary –
    (a) to prevent surprise and unnecessary expense;
    (b) to ensure fair and proper hearing in the same way as
    in a civil action in the Federal High Court; and
    (c) on such terms as to costs or otherwise as may be
    ordered by the Tribunal or Court.

ADDRESS OF SERVICE

For the purpose of service of an election petition on the
respondents, the

  1. petitioner shall furnish the Secretary with the address
    of the respondents’ abode or the addresses of places
    where personal service can be effected on the
    respondents.

ACTION BY SECRETARY

  1. (1) On the presentation of an election petition and
    payment of the requisite fees, the Secretary shall
    forthwith –
    (a) cause notice of the presentation of the election
    petition, to be served on each of the respondents;
    (b) post on the tribunal notice board a certified copy of
    the election petition; and
    (c) set aside a certified copy for onward transmission to
    the person or persons required by law to adjudicate
    and determine the election petition.

    (2) In the notice of presentation of the election petition,
    the Secretary shall state a time, not being less than
    five days but not more than seven days after the date
    of service of the notice, within which each of the
    respondents shall enter an appearance in respect of
    the election petition.

    (3) In fixing the time within which the respondents are to
    enter appearance, the Secretary shall have regard to(
    a) the necessity for securing a speedy hearing of the
    election petition; and
    (b) the distance from the Registry or the place of hearing
    to the address furnished under paragraph 4(4) of this
    Schedule.

PERSONAL SERVICE ON RESPONDENT

  1. (1) Subject to subparagraph (2) and (3) of this
    paragraph, service on the respondents-
    (a) of the documents mentioned in subparagraph (1) (a)
    of paragraph 7 of this Schedule; and
    (b) of any other documents required to be served on them
    before entering appearance, shall be personal.

    (2) Where the petitioner has furnished, under paragraph
    6 of this Schedule, the addresses of the places where
    personal service can be effected on the respondents
    and the respondents or any of them cannot be found
    at the place or places, the tribunal or court on being
    satisfied, on an application supported by an affidavit
    showing that all reasonable efforts have been made to
    effect personal service, may order that service of any
    document mentioned in subparagraph (1) of this
    paragraph be effected in any ways mentioned in the
    relevant provisions of the Civil Procedure Rules for
    effecting substituted service in Civil cases and that
    service shall be deemed to be equivalent to personal
    service.

    (3) The proceedings under the election petition shall not
    be vitiated notwithstanding the fact that-
    (a) the respondents or any of them may not have been
    served personally; or
    (b) a document of which substituted service has been
    effected pursuant to an order made under
    subparagraph (2) of this paragraph did not reach the
    respondent, and in either case, the proceedings may
    be heard and continued or determined as if the
    respondents or any of them had been served
    personally with the document and shall be valid and
    effective for all purposes.

ENTRY OF APPEARANCE

  1. (1) Where the respondent intends to oppose the
    election petition, he shall-
    (a) within such time after being served or deemed to have
    been served with the election petition; or
    (b) where the Secretary has stated a time under
    paragraph 7(2) of this Schedule, within such time as
    is stated by the Secretary, enter an appearance by
    filing in the registry a memorandum of appearance
    stating that he intends to oppose the election petition
    and giving the name and address of the solicitor, if
    any, representing him or stating that he acts for
    himself, as the case may be, and, in either case,
    giving an address for service at which documents
    intended for him may be left or served.

    (2) If an address for service and its occupiers are not
    stated, the memorandum of appearance shall be
    deemed not to have been filed, unless the tribunal or
    court otherwise orders.
    (3) The memorandum of appearance shall be signed by
    the respondent or his solicitor, if any.

    (4) At the time of filing the memorandum of appearance,
    the respondent or his solicitor, as the case may be,
    shall-
    (a) leave a copy of the memorandum of appearance for
    each of the other parties to the election petition and
    three other copies of the memorandum to be
    preserved by the Secretary; and
    (b) pay the fees for service as may be prescribed or
    directed by the Secretary and in default of the copies
    being left and the fees being paid at the time of filing
    the memorandum of appearance, the memorandum
    of appearance shall be deemed not to have been filed,
    unless the tribunal or court otherwise orders.

    (5) A respondent who has a preliminary objection against
    the hearing of the election petition on grounds of law
    may file a conditional memorandum of appearance.

NON-FILLING OF MEMORANDUM OF APPEARANCE.

  1. (1) If the respondent does not file a memorandum of
    appearance as required under paragraph 9 of this
    Schedule, a document intended for service on him
    may be posted on the Tribunal notice board and that
    shall be sufficient notice of service of the document on
    the respondent.
    (2) The non-filling of a memorandum of appearance shall,
    not bar the respondent from defending the election
    petition if the respondent files his reply to the election
    petition in the Registry within a reasonable time, but,
    in any case, not later than twenty-one (21) days from
    the receipt of the election petition.

NOTICE OF APPEARANCE

  1. The Secretary shall cause copies of the memorandum
    of appearance to be served on, or its notice to be
    given to the other parties to the election petition.

FILING OF REPLY

  1. (1) The respondent shall, within 14 days of service of
    the petition on him file in the Registry his reply,
    specifying in it which of the facts alleged in the
    election petition he admits and which he denies, and
    setting out the facts on which he relies in opposition
    to the election petition.
    (2) Where the respondent in an election petition,
    complaining of an undue return and claiming the seat
    or office for a petitioner intends to prove that the claim
    is incorrect or false, the respondent in his reply shall
    set out the facts and figures clearly and distinctly
    disproving the claim of the petitioner.

    (3) The reply may be signed by the respondent or the
    solicitor representing him, if any and shall state the
    name and address of the solicitor at which subsequent
    processes shall be served; and shall be accompanied
    by copies of documentary evidence, list of witnesses
    and the written statements on oath.
    (4) At the time of filing the reply, the respondent or his
    Solicitor, if any, shall leave with the Secretary copies
    of the reply for services on the other parties to the
    election petition with ten (10) extra copies of the reply
    to be preserved by the Secretary, and pay the fees for
    service as may be prescribed or directed by the
    Secretary, and in default of leaving the required
    copies of the reply or paying the fees for service, the
    reply shall be deemed not to have been filed, unless
    the Tribunal or Court otherwise orders.

SERVICE OF REPLY

  1. The Secretary shall cause a copy of the reply to be
    served on each of the other parties to the election
    petition.

AMENDMENT OF ELECTION PETITION AND REPLY.

  1. (1) Subject to subparagraph (2) of this paragraph,
    the provisions of the Civil Procedure Rules relating to
    amendment of pleadings shall apply in relation to an
    election petition or a reply to the election petition as
    if for the words “any proceedings” in those provisions
    there were substituted the words “the election petition
    or reply”.
    (2) After the expiration of the time limited by-
    (a) Section 134 (1) of this Act for presenting the election
    petition, no amendment shall be made-
    (i) introducing any of the requirements of subparagraph
    (1) of paragraph 4 of this Schedule not contained in
    the original Election petition filed, or
    (ii) effecting a substantial alteration of the ground for, or
    the prayer in, the election petition, or
    (iii) except anything which may be done under the
    provisions of subparagraph (2)(a)(ii) of this
    paragraph, effecting a substantial alteration of or
    addition to, the statement of facts relied on to support
    the ground for, or sustain the prayer in the election
    petition; and
    (b) paragraph 12 of the Schedule for filing the reply, no
    amendment shall be made-
    (i) alleging that the claim of the seat or office by the
    petitioner is incorrect or false; or
    (ii) except anything which may be done under theprovisions
    of subparagraph (2)(a)(ii) of this
    paragraph, effecting any substantial alteration in or
    addition to the admissions or the denials contained in
    the original reply filed, or to the facts set out in the
    reply.

PARTICULARS OF VOTES REJECTED

  1. When a petitioner claims the seat alleging that he had
    the highest number of valid votes cast at the election,
    the party defending the election or return at the
    election shall set out clearly in his reply particulars of
    the votes, if any, which he objects to and the reasons
    for his objection against such votes, showing how he
    intends to prove at the hearing that the petitioner is
    not entitled to succeed.

PETITIONER’S REPLY

  1. (1) If a person in his reply to the election petition
    raises new issues of facts in defence of his case which
    the petition has not dealt with, the petitioner shall be
    entitled to file in the Registry, within five (5) days
    from the receipt of the respondent’s reply, a
    petitioner’s reply in answer to the new issues of fact,
    so however that-
    (a) the petitioner shall not at this stage be entitled to
    bring in new facts, grounds or prayers tending to
    amend or add to the contents of the petition filed by
    him; and
    (b) the petitioner’s reply does not run counter to the
    provisions of subparagraph (1) of paragraph 14 of this
    Schedule.
    (2) the time limited by subparagraph (1) of this
    paragraph shall not be extended.
    (3) The petitioner in proving his case shall have 14 days
    to do so and the respondent shall have 14 days to
    reply.

FURTHER PARTICULARS OR DIRECTIVE

  1. (l) If a party in an election petition wishes to have
    further particulars or other directions of the Tribunal
    or Court, he may, at any time after entry of
    appearance, but not later than ten days after the filing
    of the reply, apply to the Tribunal or Court specifying
    in his notice of motion the direction for which he prays
    and the motion shall, unless the Tribunal or Court
    otherwise orders, be set down for hearing on the first
    available day.
    (2) If a party does not apply as provided in subparagraph
    (1) of this paragraph, he shall be taken to require no
    further particulars or other directions and the party
    shall be barred from so applying after the period laid
    down in subparagraph (l) of this paragraph has
    lapsed.
    (3) Supply of further particulars under this paragraph
    shall not entitle the party to go beyond the ambit of
    supplying such further particulars as have been
    demanded by the other party, and embark on undue
    amendment of,
    or additions to, his petition or reply, contrary to
    paragraph 14 of this Schedule.

PRE-HEARING SESSION AND SCHEDULING

  1. (1) Within 7 days after the filing and service of the
    petitioner’s reply on the respondent or 7 days after
    the filing and service of the respondent’s reply,
    whichever is the case, the petitioner shall apply for
    the issuance of pre-hearing notice as in Form TF 007.

    (2) Upon application by a petitioner under sub-paragraph
    (1) of this paragraph, the tribunal or court shall issue
    to the parties or their Legal Practitioners (if any) a
    pre-hearing conference notice as in Form TF 007
    accompanied by a pre-hearing information sheet as in
    Form TF 008 for-
    (a) the disposal of all matters which can be dealt with on
    interlocutory application;
    (b) giving such directions as to the future course of the
    petition as appear best adapted to secure its just,
    expeditious and economical disposal in view of the
    urgency of election petitions;
    (c) giving directions on order of witnesses to be called
    and such documents to be tendered by each party to
    prove their cases having in view the need for the
    expeditious disposal of the petition; and
    (d) fixing clear dates for hearing of the petition.

    (3) The respondent may bring the application in
    accordance with subparagraph (l) where the
    petitioner fails to do so, or by motion which shall be
    served on the petitioner and returnable in 3 clear
    days, apply for an order to dismiss the petition.

    (4) Where the petitioner and the respondent fail to bring
    an application under this paragraph, the tribunal or
    court shall dismiss the petition as abandoned petition
    and no application for extension of time to take that
    step shall be filed or entertained.
    (5) Dismissal of a petition pursuant to subparagraphs (3)
    and (4) of this paragraph is final, and the tribunal or
    court shall be functus officio.

    (6) At the pre-hearing session, the tribunal or court shall
    enter a scheduling
    Order for-
    (a) joining other parties to the petition;
    (b) amending petition or reply or any other processes;
    (c) filing and adoption of written addresses on all
    interlocutory applications;
    (d) additional pre-hearing session;
    (e) order of witnesses and tendering of documents that
    will be necessary for the expeditious disposal of the
    petition; and
    (f) any other matters that will promote the quick
    disposal of the petition in the circumstances.

    (7) At the pre-hearing session, the tribunal or court shall
    consider and take appropriate action in respect of the
    following as may be necessary or desirable-
    (a) amendments and further and better particulars;
    (b) the admissions of facts, documents and other
    evidence by consent of the parties;
    (c) formulation and settlement of issues for trial;
    (d) hearing and determination of 0bjections on point of
    law;
    (e) control and scheduling of discovery; inspection and
    production of documents,
    (f) narrowing the field of dispute between certain types
    of witnesses especially the Commission’s staff and
    witnesses that officiated at the election, by their
    participation at prehearing session or in any other
    manner;
    (g) giving orders or directions for hearing of crosspetitions
    or any particular issue in the petition or for
    consolidation with other petitions;
    (h) determining the form and substance of the prehearing
    order; and
    (i) such other matters as may facilitate the just and
    speedy disposal of the petition bearing in mind the
    urgency of election petitions.

    (8) At the pre-hearing session, the tribunal or court shall
    ensure that hearing is not delayed by the number of
    witnesses and objections to documents to be tendered
    and shall pursuant to paragraph (b), (e), (b) and (e)
    of this paragraph-
    (a) allow parties to admit or exclude documents by
    consent;
    (b) direct parties to streamline the number of witnesses
    to those whose testimonies are relevant and
    indispensable.
    (9) The pre-hearing session or series of the pre-hearing
    sessions with respect to any petition shall be
    completed within 14 days of its commencement, and
    the parties and their legal practitioners shall
    cooperate with the tribunal or court in working within
    this time table. As far as practicable, pre-hearing
    sessions shall be held from day to day or adjourned
    only for purposes of compliance with pre-hearing
    sessions, unless extended by the Chairman or the
    Presiding Justice.

    (10) After a pre-hearing session or series of pre-hearing
    sessions the tribunal or court shall issue a report and
    this report shall guide the subsequent course of the
    proceedings, unless modified by the tribunal or court.
    (11) If a party or his Legal Practitioner fails to attend the
    pre-hearing sessions or obey a scheduling or prehearing
    order or is substantially unprepared to
    participate in the session or fails to participate in good
    faith, the tribunal or court shall in the case of –
    (a) the petitioner, dismiss the petition; and
    (b) a respondent enter judgment against him.

    (12) Any judgment given under subparagraph (11) of this
    paragraph, may be set aside upon an application
    made within 7 days of the judgment (which shall not
    be extended) with an order as to costs of a sum not
    less than N20,000.
    (13) The application shall be accompanied by an
    undertaking to participate effectively in the prehearing
    session jointly signed by the applicant and the
    Legal Practitioner representing him.

HEARING OF PETITION TO BE IN OPEN TRIBUNAL OR COURT

  1. Every election petition shall be heard and determined
    in an open tribunal or court.

TIME AND PLACE OF HEARING PETITION

  1. (1) Subject to the provisions of subparagraph (2) of
    this paragraph, the time and place of the hearing of an
    election petition shall be fixed by the Tribunal or Court
    and notice of the time and place of the hearing, which
    may be as in Form TF. 005 set out in Second Schedule
    to this Act, shall be given by the Secretary at least five
    days before the day fixed for the hearing by-
    (a) posting the notice on the tribunal notice board; and
    (b) sending a copy of the notice by registered post or
    through a messenger to the –
    (i) petitioner’s address for service;
    (ii) respondent’s addresses for service, if any; or
    (iii) Resident Electoral Commissioner or the Commission
    as the case may be.
    (2) In fixing the place of hearing, the Tribunal or Court
    shall have due regard to the proximity to and
    accessibility from the place where the election was
    held.

NOTICE OF HEARING

  1. A tribunal or court, as the case may be, shall publish
    the notice of hearing by causing a copy of the notice
    to be displayed in the place which was appointed for
    the delivery of nomination papers prior to the election
    or in some conspicuous place or places within the
    constituency, but failure to do so or any miscarriage
    of the copy of notice of hearing shall not affect the
    proceedings if it does not occasion injustice against
    any of the parties to the election petition.

POSTING OF NOTICE ON TRIBUNAL NOTICE BOARD DEEMED TO BE GOOD NOTICE

  1. The posting of the notice of hearing on the Tribunal
    notice board shall be deemed and taken to be good
    notice, and the notice shall not be vitiated by any
    miscarriage of the copy or copies of the notice sent
    pursuant to paragraph 16 of this Schedule.

POSTPONEMENT OF HEARING

  1. (1) The Tribunal or Court may, from time to time, by
    order made on the application of a party to the
    election petition or at the instance of the Tribunal or
    Court, postpone the beginning of the hearing to such
    day as the Tribunal or Court may consider appropriate
    having regard at all times to the need for speedy
    conclusion of the hearing of the election petition.
    (2) A copy of the order shall be sent by the Secretary by
    registered post or messenger to the Electoral Officer
    or the Resident Electoral Commissioner or the
    Commission who shall publish the order in the manner
    provided in paragraph 20 of this Schedule for
    publishing the notice of hearing, but failure on the part
    of the Electoral Officer or Resident Electoral
    Commissioner or the Commission to publish the copy
    of the order of postponement shall not affect the
    proceedings in any manner whatsoever.
    (3) The Secretary shall post or cause to be posted on the
    tribunal notice board a copy of the order.
    (4) Where the tribunal or court gives an order of
    postponement at its own instance, a copy of the order
    shall be sent by the Secretary by registered post or
    messenger to the address for service given by the
    petitioner and to the address for service, if any, given
    by the respondents or any of them.
    (5) The provisions of paragraph 21 of this Schedule shall
    apply to an order or a notice of postponement as they
    do to the notice of hearing. Non arrival of
    Chairman of Tribunal or Presiding Justice of the Court
  2. If the Chairman of the Tribunal or Presiding Justice of
    the Court has not arrived at the appointed time for the
    hearing or at the time to which the hearing has been
    postponed, the hearing shall, by reason of that fact,
    stand adjourned to the following day and so from day
    to day.

HEARING CONTINUES FROM DAY TO DAY

  1. (1) No formal adjournment of the Tribunal or Court
    for the hearing of an, election petition shall be
    necessary, but the hearing shall be deemed adjourned
    and may be continued from day to day until the
    hearing is concluded, unless the Tribunal or Court
    otherwise directs as the circumstances may dictate.
    (2) If the Chairman of the Tribunal or the Presiding Justice
    of the Court who begins the hearing of an election
    petition is disabled by illness or otherwise, the hearing
    may be recommended and concluded by another
    Chairman of the Tribunal or Presiding Justice of the
    Court appointed by the appropriate authority.

ADJOURNMENT OF HEARING

  1. (1) After the hearing of an election petition has begun,
    if the inquiry cannot be continued on the ensuing day
    or, if that day is a Sunday or a Public Holiday, on the
    next day, the hearing shall not be adjourned sine die
    but to a definite day to be announced before the rising
    of the Tribunal or Court and notice of the day to which
    the hearing is adjourned shall forthwith be posted by
    the Secretary on the notice board.
    (2) The hearing may be continued on a Saturday or on a
    Public Holiday if circumstances dictate.

POWER OF CHAIRMAN OF THE TRIBUNAL OR THE PRESIDING JUSTICE OF THE COURT TO DISPOSE ON INTERLOCUTORY MATTERS

  1. (1) All interlocutory questions and matters may be
    heard and disposed of by the Chairman of the Tribunal
    or the Presiding Justice of the Court who shall have
    control over the proceedings as a Judge in the Federal
    High Court.
    (2) After the hearing of the election petition is concluded,
    if the tribunal or court before which it was heard has
    prepared its judgment but the Chairman or the
    Presiding Justice is unable to deliver it due to illness
    or
    any other cause, the judgment may be delivered by
    one of the members, and the judgment as delivered
    shall be the judgment of the Tribunal or Court and the
    member shall certify the decision of the Tribunal or
    Court to the Resident Electoral Commissioner, or to
    the Commission.

EFFECT OF DETERMINATION OF ELECTION PETITION

  1. (1) At the conclusion of the hearing, the Tribunal shall
    determine whether a person whose election or return
    is complained of or any other person, and what
    person, was validly returned or elected, or whether
    the election was void, and shall certify the
    determination to the Resident Electoral Commissioner
    or the Commission.

    (2) If the tribunal or court has determined that the
    election is invalid, then, subject to section 138 of this
    Act, where there is an appeal and the appeal fails, a
    new election shall be held by the Commission.
    (3) Where a new election is to be held under the
    provisions of this paragraph, the Commission shall
    appoint a date for the election which shall not be later
    than 3 months from the date of the determination.

WITHDRAWAL OR ABATEMENT OF PETITION

  1. (1) An election petition shall not be withdrawn without
    leave of the Tribunal or Court.
    (2) Where the petitioners are more than one no
    application for leave to withdraw the election petition
    shall be made except with the consent of all the
    petitioners.
    (3) The application for leave to withdraw an election shall
    be made by motion after notice of the application has
    been given to the respondents.

    (4) The notice of motion shall state the grounds on which
    the motion to withdraw is based, supported with
    affidavit verifying the facts and reasons for
    withdrawal, signed by the petitioner or petitioners in
    the presence of the Secretary.

    (5) At the time of filing the notice of motion the petitioner
    or petitioners shall leave copies for service on the
    respondent.
    (6) The petitioner or petitioners shall also file the
    affidavits required under subparagraph (4) of this
    paragraph together with copies for each respondent
    and pay the fees prescribed or directed by the
    Secretary for services.

AFFIDAVITS AGAINST ILLEGAL TERM OF WITHDRAWAL

  1. (1) Before the leave for Withdrawal of an election
    petition is granted, each of the parties to the petition
    shall produce an affidavit, stating that-
    (a) to the best of the deponent’s knowledge and belief no
    agreement or term of any kind whatsoever has been
    made; and
    (b) no undertaking has been entered into, in relation to
    the withdrawal of the petition, but if any lawful
    agreement has been made with respect to the
    withdrawal of the petition, the affidavit shall set forth
    that agreement and shall make the foregoing
    statement subject to what appears from the affidavit.

TIME FOR HEARING MOTION FOR LEAVE TO WITHDRAW PETITION

  1. (1) The time for hearing the motion for leave to
    withdraw the election petition shall be fixed by the
    Tribunal or Court.
    (2) The Secretary may give notice of the day fixed for the
    hearing of the motion to the respondents and post or
    cause to be posted on the Tribunal notice board a copy
    of the notice.

PAYMENT OF COSTS TO RESPONDENTS

  1. If the election petition is withdrawn, the petitioner
    shall be liable to pay appropriate costs to the
    respondents or any of them unless the Tribunal or
    Court otherwise orders.

ABATEMENT OF PROCEEDINGS IN ELECTION PETITION

  1. (1) If a sole petitioner or the survivor of several
    petitioners dies, then, subject to subparagraphs (2)
    and (3) of this paragraph, there shall be no further
    proceedings on the election petition and the Tribunal
    or Court may strike it out of its cause list.
    (2) The death of a petitioner shall not affect his liability
    for the payment of costs previously incurred in the
    course of proceedings in respect of the election
    petition prior to its abatement.

    (3) Where notice, with copies for each party to the
    election petition supported by the affidavit of two
    witnesses testifying to the death of a sole petitioner
    or of the survivor of several petitioners, is given to the
    Secretary, he shall submit the notice to the tribunal or
    court and if the Tribunal or Court so directs, the
    Secretary shall-
    (a) serve notice thereof on the other parties to the
    petition;
    (b) post or cause to be posted a notice thereof on the
    Tribunal notice board; and
    (c) cause notice thereof to be published in conspicuous
    places in the constituency, in such form as the
    Tribunal or Court may direct.

NOTICE OF NO OPPOSITION TO PETITION

  1. (1) If before the hearing of an election petition, a
    respondent, other than the Electoral Officer, the
    Returning Officer or Presiding Officer, gives to the
    Tribunal or Court notice in writing signed by him or his
    Solicitor before the Secretary that he does not intend
    to oppose the election petition, the Secretary shall-
    (a) serve notice thereof on the other parties to the
    election petition; and
    (b) post or cause to be posted a notice thereof on the
    Tribunal notice board.

    (2) The respondent shall file the notice with a copy for
    each other party to the election petition not less than
    six days before the day appointed for hearing of the
    election petition.
    (3) A respondent who has given notice of his intention not
    to oppose the election petition shall not appear or act
    as a party against the election petition in any
    proceeding on it; but the giving of the notice shall not
    of itself cause him to cease to be a respondent.

COUNTERMAND OF NOTICE OF HEARING

  1. (1) Where a notice of the –
    (a) petitioner’s intention to apply for leave to withdraw
    an election petition;
    (b) death of the sole petitioner or the survivor of several
    petitioners; or
    (c) respondent’s intention not to oppose an election
    petition, is received after notice of hearing of the
    election petition has been given, and before the
    hearing has begun, the Secretary shall forthwith
    countermand the notice of hearing.
    (2) The countermand shall be given in the same manner,
    and, as near as may be, as the notice of hearing.

DISCRETION OF TRIBUNALS OR COURT IF NO REPLY

  1. Where the respondent has not entered an appearance,
    or has not filed his reply within the prescribed time or
    within such time as the tribunal or court may have
    allowed, or has given notice that he does not intend
    to oppose the petition, then if–
    (a) there remains no more than one other candidate in
    the election who was not returned;
    (b) the election petition contains no prayer for a
    determination that the election was void;
    (c) there are no facts or grounds stated in the election
    petition or in the reply, if any, or stated in any further
    particulars filed in the proceedings or otherwise
    appearing on proof of which it ought to be determined
    that election was void; or

    (d) the election petition is one complaining of undue
    return and claiming the seat or office for the candidate
    who was not returned and the respondent has not
    raised any formal or written objections to any of the
    votes relied on by the petitioner, the Tribunal or Court
    may, if it deems fit, determine the proceedings on the
    election petition without hearing evidence or further
    evidence, and in any case, the proceedings shall be
    continued and determined on such evidence or
    otherwise as the Tribunal or Court may deem
    necessary for the full and proper determination of the
    election petition.

FEES

  1. (1) The fee payable on the presentation of an election
    petition shall not be less than N1,000.00.
    (2) A hearing fee shall be payable for the hearing at the
    rate of N40 per day of the hearing but not exceeding
    N2000 in all, but the Tribunal or Court may direct a
    different fee to be charged for any day of the hearing.
    (3) For the purpose of subparagraph (2) of this
    paragraph, the petitioner shall make a deposit of not
    less than N2000 at the time of presenting his petition.
    (4) Subject to the provisions of this paragraph, the fees
    payable in connection with an election petition shall
    be at the rate prescribed for civil proceedings in the
    Federal High Court.
    (5) No fees shall be payable by the Attorney-General of
    the Federation (acting in person or through any other
    legal officer) or by a respondent who was the
    Commission or any of its officers appointed pursuant
    to the provisions of this Act.
    (6) No fees shall be payable for the summoning of
    witnesses by the Tribunal or Court at its own instance.

ALLOCATION OF COSTS

(1) All costs, charges and expenses of and incidental
to the presentation of an election petition and to the
proceedings consequent thereon, with the exception
of such as are otherwise provided for, shall be
defrayed by the parties to the election petition in such
manner and in such proportions as the Tribunal or
Court may determine, regard being had to the-

(a) disallowance of any costs, charges or expenses, which
may in the opinion of the Tribunal or Court have been
caused by vexatious conduct, unfounded allegation or
unfounded objection on the part of the petitioner or of
the respondent, as the case may be; and
(b) discouragement of any needless expenses by
throwing the burden of defraying the expenses on the
party by whom it has been caused; whether that party
is or is not on the whole successful.

(2) Where the Tribunal or Court declares an election to be
void, it may, if satisfied that the invalidity was due
either wholly or in part to the culpable default of an
officer responsible for the conduct of the election in
the performance of his duties, order that the whole or
part of the cost awarded to the successful petitioner
be paid by that officer.

RETURN OF SECURITY

  1. Money deposited as security shall, when no longer
    needed as security for costs, charges or expenses, be
    returned to the person in whose name it was
    deposited or to the person entitled to receive it by
    order of the Tribunal or Court which may be made on
    motion after notice and proof that all just claims have
    been satisfied or otherwise sufficiently provided for as
    the Tribunal or Court may require.

PAYMENT OF COSTS OUT OF SECURITY

  1. (1) The Tribunal or Court may, on application made
    by a person to whom costs, charges or expenses is
    payable, order it to be paid out of a deposit made to
    secure it, after notice to the party by or on whose
    behalf the deposit was made, requiring him to file a
    statement within a specified time whether he opposes
    the application and the ground of his opposition.

    (2) Where a dispute arises on an application under
    subparagraph (1) of this paragraph, the tribunal or
    court shall afford every person affected by the dispute
    an opportunity of being heard and shall make such
    order there on as it may deem fit.

    (3) A person shall be deemed to have been afforded the
    opportunity of being heard if notice of the appointed
    time for the inquiry into the dispute was given to him,
    though the person may not have been present at the
    making of the inquiry.

    (4) A notice to be given to a person under this paragraph
    may be given by the Secretary handing him the notice
    or sending it to him by registered letter in the case of(
    a) a party, at the address for service;
    (b) an application for payment, at the address given in
    his application, so however, that the provisions of this
    subparagraph shall not preclude the giving of notice
    in any other manner in which notice may be given or
    which may be authorized by the tribunal or court.
    (5) Execution may be levied under an order for payment
    made by the tribunal or court under this paragraph in
    the same manner and to the same extent as execution
    may be levied under judgment for the payment of
    money.

EVIDENCE AT HEARING

  1. (1) Subject to any statutory provision or any provision
    of these paragraphs relating to evidence, any fact
    required to be proved at the hearing of a petition shall
    be proved by written deposition and oral examination
    of witnesses in open court.
    (2) Documents which parties consented to at the prehearing
    session or other exhibits shall be tendered
    from the Bar or by the party where he is not
    represented by a legal practitioner.

    (3) There shall be no oral examination of a witness during
    his evidence inchief except to lead the witness to
    adopt his written deposition and tender
    in evidence all disputed documents or other exhibits
    referred to in the deposition.
    (4) Real evidence shall be tendered at the hearing.
    (5) The Tribunal or Court may, at or before the hearing
    of a petition order or direct that evidence of any
    particular fact be given at the hearing in such manner
    as may be specified by the order or direction.

    (6) The power conferred by subparagraph (5) of this
    paragraph extends in particular to ordering or
    directing that evidence of any particular fact be given
    at the trial-
    (a) by statement on oath of information or belief;
    (b) by the production of documents or entries in books;
    or
    (c) in the case of a fact which is of common knowledge
    either generally or in a particular district by the
    production of a specified newspaper which contains a
    statement of that fact.

    (7) The Tribunal or Court may, at or before the hearing of
    a petition order or direct that the number of witnesses
    who may be called at the hearing be limited as
    specified by the order or direction.

    (8) Save with leave of the Tribunal or Court, after an
    applicant has shown exceptional circumstances, no
    document, plan, photograph or model shall be
    received in evidence at the hearing of a petition unless
    it has been listed or filed along with the petition in the
    case of the petitioner or filed along with the reply in
    the case of the respondent.
    (9) Such leave may be granted with costs save where in
    the circumstance the tribunal or court considers
    otherwise.

CALLING OF WITNESSES

  1. (1) On the hearing of an election petition, the Tribunal
    or Court may summon a person as a witness who
    appears to the tribunal or court to have been
    concerned in the election.
    (2) The Tribunal or Court may examine a witness so
    summoned or any other person in the tribunal or
    court although the witness or person is not called
    and examined by a party to the election petition, and
    thereafter he may be cross-examined by or on behalf
    of the petitioner and the respondent.

    (3) The expenses of a witness called by the tribunal or
    court at its own instance shall, unless the Tribunal or
    Court otherwise orders, be deemed to be costs of the
    election petition and may, if the Tribunal or Court so
    directs, be paid in the first instance by the Secretary
    in the same way as State witness’ expenses and
    recovered in such manner as the tribunal or court
    may direct.
    (4) Where the Tribunal or Court summons a person as a
    witness under this paragraph, the provisions of the
    Civil Procedure Rules relating to the expenses of
    persons ordered to attend a hearing shall apply as if
    they were part of this paragraph.

    (5) The Tribunal or Court shall-
    (a) in making and carrying into effect an order for the
    production and inspection of documents used in the
    election; and
    (b) in the examination of any witness who produces or
    will produce a document, ensure that the way in which
    the vote of a particular person has been given shall
    not be disclosed.

PRIVILEGES OF A WITNESS

(1) A person called as a witness in a proceeding in the
Tribunal or Court shall not be excused from answering
a question relating to an offence or connected with an
election on the grounds that the answer thereto may
incriminate or tend to incriminate him, or on the
ground of privilege.

(2) A witness who answers truly all questions which he is
required by the tribunal or court to answer shall be
entitled to receive a certificate of indemnity under the
hand of the Chairman or the Tribunal or Presiding
Justice of the court stating that the witness has so
answered.
(3) An answer by a person to a question before the
Tribunal or Court shall not, except in the case of a
criminal proceeding for perjury in respect of the
answer, be admissible in any proceeding, civil or
criminal, in evidence against him.

(4) When a person has received a certificate of indemnity
in relation to an election and legal proceedings are at
any time brought against him for an offence against
the provisions of this Act, committed by him prior to
the date of the certificate at or in relation to that
election, the Tribunal or Court having cognizance of
the case shall, on proof of the certificate, stay the
proceeding, and may, at its discretion award to that
person such costs as he may have been put to in the
proceeding.

EVIDENCE OF RESPONDENT

  1. At the hearing of an election petition complaining of
    an undue return and claiming the seat or office for a
    petitioner, the respondent may, subject to the
    provisions of subparagraph (2) of paragraph 12 of this
    Schedule, give evidence to prove that the election of
    the petitioner was undue in the same manner as if he
    were the person presenting the election petition
    complaining of the election.

ENLARGEMENT AND ABRIDGEMENT OF TIME

  1. (1) The Tribunal or Court shall have power, subject to
    the provisions of section 134 of this Act and paragraph
    11 of this Schedule, to enlarge time
    for doing any act or taking any proceedings on such
    terms (if any) as the justice of the case i:nay require
    except otherwise provided by any other provision of
    this Schedule.
    (2) An enlargement of time may be ordered although the
    application for the enlargement is not made until after
    the expiration of the time appointed or allowed.

    (3) When the time for delivering a pleading or document
    or filing any affidavit, answer or document, or doing
    anything or act is or has been fixed or limited by any
    of the sections, paragraphs or rules under or in
    pursuance of this Act or by a direction or an order of
    the Tribunal or Court, the costs of an application to
    extend the time, where allowed or of an order made
    there on shall be borne by the party making the
    application unless the tribunal or court otherwise
    orders.
    (4) Every application for enlargement or abridgement of
    time shall be supported by affidavit.

    (5) An application for abridgement of time may be ex
    parte, but the Tribunal or Court may require notice of
    the application to be given to the other parties to the
    election petition.

    (6) An application for enlargement of time shall be made
    by motion after notice to the other party to the
    election petition but the Tribunal or Court may, for
    good cause shown by affidavit or otherwise, dispense
    with the notice.
    (7) A copy of an order made for enlargement or
    abridgement of time shall be filed or delivered
    together with any document filed or delivered by
    virtue of the order.

HEARING IN A PETITION

  1. (1) When a petition comes up for hearing and neither
    party appears, the Tribunal or Court shall, unless
    there are good reasons to the contrary, strike out the
    petition and no application shall be brought or
    entertained to re-list it.

    (2) When a petition comes up for hearing, if the petitioner
    appears and the respondent does not appear the
    petitioner may prove his petition so far as
    the burden of proof lies upon him and the tribunal or
    court shall enter a final judgment in the petition.
    (3) When a petition comes up for hearing, if the
    respondent appears and the petitioner does not
    appear, the respondent shall be entitled to final
    judgment dismissing the petition.
    (4) Documentary evidence shall be put in and may be
    read or taken as read by consent.
    (5) A party shall close his case when he has concluded his
    evidence and either the petitioner or respondent may
    make oral application to have the case closed.

    (6) Notwithstanding subparagraph (5) of this paragraph,
    the tribunal or court may suo-motu where it considers
    that either party fails to conclude its case within a
    reasonable time, close that party’s case.
    (7) The Secretary shall take charge of every document or
    object put in as exhibit during the hearing of a petition
    and shall mark or label every exhibit with a letter or
    letters indicating the party by whom the exhibit is put
    in (or where more convenient the witness by whom
    the exhibit is proved) and with a number so that all
    the exhibits put in by a party (or proved by a witness)
    are numbered in one consecutive series.
    (8) The Secretary shall cause a list of all the exhibits in
    the petition to be made which when completed shall
    form part of the record of the proceedings.

    (9) For the purpose of subparagraph (8) of this
    paragraph, a bundle of documents may be treated and
    counted as one exhibit.
    (10) When the party beginning has concluded his evidence,
    if the other party does not intend to call evidence, the
    party beginning shall within 10 days after close of
    evidence file a written address. Upon being served
    with the written address, the other party shall within
    7 days file his own written address.

    (11) Where the other party calls evidence, he shall within
    10 days after the close of its evidence file a written
    address.
    (12) Upon being served with other party’s written address
    the party beginning shall within 7 days file his written
    address.

    (13) The party who files the first address shall have a right
    of reply on points of law only and the reply shall be
    filed within 5 days after service of the other party’s
    address.

MOTIONS AND APPLICATIONS

  1. (1) No motion shall be moved and all motions shall
    come up at the prehearing session except in extreme
    circumstances with leave of Tribunal or Court.
    (2) Whereby these Rules any application is authorised to
    be made to the Tribunal or Court, such application
    shall be made by motion which may be supported by
    affidavit and shall state under what rule or law the
    application is brought and shall be served on the
    respondent.

    (3) Every such application shall be accompanied by a
    written address in support of the reliefs sought.
    (4) Where the respondent to the motion intends to
    oppose the application, he shall within 7 days of the
    service on him of such application file his written
    address and may accompany it with a counter
    affidavit.
    (5) The applicant may, on being served with the written
    address of the respondent file and serve an address
    in reply on points of law within 3 days of being served
    and where a counter-affidavit is served on the
    applicant he may file further affidavit with his reply.

SERVICE OF NOTICE

  1. (1) Where a summons, notice or document, other than
    a notice or document mentioned in subparagraph (1)
    of paragraph 7 of this Schedule, is required to be
    served on a person for a purpose connected with an
    election petition, it may be served by delivering it to
    the person or by leaving it at his last known place of
    abode in the constituency with any person there found
    who is a resident of the abode and appears to be 18
    years of age or more.

    (2) After a party has given an address for service it shall
    be sufficient if, in lieu of serving him personally with a
    document intended for him, the document is served
    on the person-
    (a) appearing on the paper last filed on his behalf as his
    Solicitor wherever the person may be found or, if the
    person is not found at his office, on the clerk there
    apparently in charge; or
    (b) named as occupier in his address for service wherever
    the person may be found or, if the person is not found
    at the address, on-
    (i) the person there found apparently in charge, if such
    address is a place or business, or
    (ii) a person, other than a domestic servant, there found
    who is a resident of the address and appears to be 18
    years of age or more.

    (3) A party may change his address for service by giving
    notice of his new address for service and its occupier
    to the Secretary and to each party to the election
    petition, but, until a notice, is received by the
    Secretary, his old address for service shall continue to
    be his address for service.
    (4) Where service by one of the modes specified in this
    paragraph has proved impracticable, the Tribunal or
    Court may, on being satisfied, on an application
    supported by an affidavit showing what has been
    done, that all reasonable efforts have been made to
    effect service –
    (a) order that service be effected in any of the ways
    mentioned in the provisions of the Civil Procedure
    Rules relating to substituted service which service
    shall be sufficient; or
    (b) dispense with service or notice as the tribunal or
    court deems fit.

TWO OR MORE CANDIDATES AS RESPONDENTS

  1. Two or more candidates may be made respondents to
    the same petition and their case may, for the sake of
    convenience be heard at the same time but for all
    purposes (including the taking of security) the election
    petition shall be deemed to be a separate petition
    against each of the respondents.

CONSOLIDATED PETITIONS

  1. Where two or more petitions are presented in relation
    to the same election or return, all the petitions shall
    be consolidated, considered and be dealt with as one
    petition unless the Tribunal or Court shall otherwise
    direct in order to do justice or an objection against
    one or more of the petitions has been upheld by the
    Tribunal or Court.

ELECTORAL OFFICER, ETC. AS RESPONDENTS

  1. (1) Where an election petition complains of the
    conduct of an Electoral Officer, a Presiding Officer,
    Returning Officer or any other official of the
    Commission he shall for all purposes be deemed to be
    a respondent and joined in the election petition as a
    necessary party, but an Electoral Officer, a Presiding
    Officer, Returning Officer or any other official of the
    Commission shall not be at liberty to decline from
    opposing the petition except with the written consent
    of the Attorney-General of the Federation.
    (2) If consent is withheld by the Attorney-General under
    subparagraph (1) of this paragraph the Government
    of the Federation shall indemnify the Electoral Officer,
    Presiding Officer, Returning Officer or such other
    official of the Commission against any costs which
    may be awarded against him by the Tribunal or Court
    in respect of the election petition.

    (3) Where the Commission, an Electoral Officer, a
    Presiding Officer, Returning Officer or any other
    official of the Commission has been joined as a
    respondent in an election petition, a Legal Officer of
    the Commission or a Legal Practitioner engaged by the
    Commission or the Attorney-General of the State
    concerned (acting in person or through any of his
    Legal Officers), or the Attorney-General of the
    Federation (acting in person or through any
    of his Legal Officers) shall represent the Commission
    Electoral Officer, Presiding Officer, Returning Officer
    or other official of the Commission at the Tribunal or
    Court.
    (4) A private Legal Practitioner engaged by the
    Commission under subparagraph (3) of this paragraph
    shall be entitled to be paid his professional fees and a
    Legal Officer so engaged shall be paid such
    honorarium as may be approved by the Commission.

DUPLICATE OF DOCUMENT

  1. In the absence of express provision in this Schedule,
    a party filing any document or process paper in
    connection with any step being taken in the
    proceedings of an election petition shall, unless the
    Secretary otherwise directs, leave with the Secretary
    copies of the document or process paper for service
    on each of the parties to the election petition in
    addition to three copies which the Secretary may
    preserve.

NONCOMPLIANCE WITH RULES, ETC.

  1. (1) Noncompliance with any of the provisions of this
    Schedule, or with a rule of practice for the time being
    operative, except otherwise stated or implied, shall
    not render any proceeding void, unless the Tribunal or
    Court so directs, but the proceeding may be set aside
    wholly or in part as irregular, or amended, or
    otherwise dealt with in such manner and on such
    terms as the Tribunal or Court may deem fit and just.

    (2) An application to set aside an election petition or a
    proceeding resulting there from for irregularity or for
    being a nullity, shall not be allowed unless made
    within a reasonable time and when the party making
    the application has not taken any fresh step in the
    proceedings after knowledge of the defect.

    (3) An application to set aside an election petition or a
    proceeding pertaining thereto shall show clearly the
    legal grounds on which the application is based.
    (4) An election petition shall not be defeated by an
    objection as to form if it is possible at the time the
    objection is raised to remedy the defect either by way
    of amendment or as may be directed by the Tribunal
    or Court.
    (5) An objection challenging the regularity or competence
    of an election petition shall be heard and determined
    after the close of pleadings.

APPLICATION OF RULES OF COURT

  1. Subject to the express provisions of this Act, the
    practice and procedure of the Tribunal or the Court in
    relation to an election petition shall be as nearly as
    possible, similar to the practice and procedure of the
    Federal High Court in the exercise of its civil
    jurisdiction, and the Civil Procedure Rules shall apply
    with such modifications as may be necessary to
    render them applicable having regard to the
    provisions of this Act, as if the petitioner and the
    respondent were respectively the plaintiff and the
    defendant in an ordinary civil action.

PRACTICE AND PROCEDURE OF COURT OF APPEAL AND SUPREME COURT

  1. Subject to the provisions of this Act, an appeal to the
    Court of Appeal or to the Supreme Court shall be
    determined in accordance with the practice and
    procedure relating to civil appeals in the Court of
    Appeal or of the Supreme Court, as the case may be,
    regard being had to the need for urgency on electoral
    matters.

Credit: https://www.lawyard.ng/wp-content/uploads/2020/04/ELECTORAL-ACT-2010-2.pdf

Section 146-158 of the Nigerian Electoral Act 2010

Section 146-158 of the Nigerian Electoral Act 2010

Section 146 to 158 of the Nigerian Electoral Act 2010 is under PART IX (MISCELLANEOUS) of the act.

Section 146 of the Electoral Act 2010

Persons disqualified from acting as election officers

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 he continues to hold any such appointment.

Section 147 of the Electoral Act 2010

Election expenses by the Commission

(1) The Commission may prescribe a scale of-
(a) remuneration for officers appointed under this Act for
the conduct of elections;
(b) 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 petition arising
therefrom.

(4) All fees and other remunerations approved under
subsection (1) of this section shall be paid from the
Fund established under section 3 (1) of this Act and
shall be paid in such manner as the Commission
deems fit.

Section 148 of the Electoral Act 2010

Secrecy of ballot

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.

Section 149 of the Electoral Act 2010

Prosecution of offence disclosed in Election Petition

The Commission shall consider any recommendation
made to it by a tribunal with respect to the
prosecution by it of any person for an offence
disclosed in any election petition.

Section 150 of the Electoral Act 2010

Trial of offences

(1) An offence committed under this Act shall be
triable in a Magistrate Court or a High Court of a State
in which the offence is committed, or the Federal
Capital Territory, Abuja.
(2) A prosecution under this Act shall be undertaken by
legal Officers of the Commission or any Legal
Practitioner appointed by it.

Section 151 of the Electoral Act 2010

Inspection of documents

(1) An order for an inspection of a polling document
or an inspection of Inspection of documents 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 if it is satisfied that the
inspection is required for the purpose of instituting,
maintaining or defending 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 152 of the Electoral Act 2010

Delegation of powers of the Commission

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.

Section 153 of the Electoral Act 2010

Regulations

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 its administration thereof.

Section 154 of the Electoral Act 2010

Civic education by the Commission

The Commission shall have power to conduct civic
education and enlightenment in the print and
electronic media to enhance its functions.

Section 155 of the Electoral Act 2010

Validation

Notwithstanding any other provisions of this Act,
any defect or error arising from any actions taken
by an official of the Commission in relation to any
notice, form or document made or given or other
thing whatsoever done by him in pursuance of the
provisions of the Constitution or of this Act, or any
rules made thereunder remain valid, unless
otherwise challenged and declared invalid by a
competent Court of Law or Tribunal.

Section 156 of the Electoral Act 2010

Interpretation

In this Act-
“Appointment” includes appointment to an office,
confirmation of appointment, promotion or transfer;
“Area Council” means Area Councils recognized and
existing by virtue of section 3 (6) of the Constitution and
as set out in Part II of the First Schedule thereof and any
additional Area Council provided by an Act of the National
Assembly in accordance with section 8 (5) of the
Constitution;
“Association” means a body of persons (corporate or
otherwise) 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
and corporate bodies;
“Chief Electoral Commissioner” means the Chairman of
Independent National Electoral Commission;
“Civil Servant” means a person employed in the civil
service of the Federation or of a State or Local
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 Councilor 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;
“Conviction” means a pronouncement by a Court or
Tribunal that a person is guilty of an offence under this Act
or under the provisions of the Constitution whether or not
any punishment is imposed on the person as a result of
the conviction. Conviction further includes admission by a
person in writing, verbally, or by conduct that he is guilty,
or have committed or aided and abetted the commission
of the offence or crime concerned;
The “Conduct” referred to in the latter is, for instance,
where a person reimburses the sums of money or any
parts thereof obtained through corrupt practice in order to
avoid prosecution;
“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;
“Election” means any election held under this Act and
includes a referendum;
“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 which may be at all levels, and at regular intervals
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 Senate, House
of Representatives, House of Assembly of a State and
includes the Legislative House of a Local Government Area
or Area Council;
“Leader 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 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 recognized
and existing by virtue of section 3(6) of the 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 missile” includes any cannon, gun,
rifle, carbine, revolver, pistol or any other firearm, 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;
“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;
“Polling Agent” means a person representing a political
party or independent candidate at the polling unit, ward,
Local Government, Federal constituency, Senatorial
district, State or Federal collation centres.
“Polling unit” means the place, enclosure, booth, shade or
house at which voting takes place under this Act;
“Political party” includes any association of persons whose
activities includes canvassing for votes in support of a
candidate for election under this Act and registered by the
Commission;
“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 that election; “School Certificate” has the meaning as
defined in the Constitution; “Secret Society” has the
meaning as defined in the Constitution.
“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 section 197 of the
Constitution;
“Campaigning in public” referred to in section 99 means
the campaign that commences after the publication of the
notice of election by the commission pursuant to section
30 of this Act;
All references in this Act to a State in the Federation shall,
where appropriate, be deemed to include references to the
Federal Capital Territory.

Section 157 of the Electoral Act 2010

Repeal of Electoral Act 2006 and INEC Act, Cap. 15, LFN, 2004

The Electoral Act, 2006 and Independent National
Electoral Commission Act, Cap 15, Laws of the
Federation of Nigeria, 2004 are repealed.

Section 158 of the Electoral Act 2010

Citation

This Act may be cited as the Electoral Act, 2010.


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Section 133-145 of the Nigerian Electoral Act 2010

Section 133-145 of the Nigerian Electoral Act 2010

Section 133 to 145 of the Nigerian Electoral Act 2010 is under PART VIII (DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS) of the act.

Section 133 of the Electoral Act 2010

Proceedings to question an election

(1) No election and 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 part, “tribunal or court 11 means-
(a) in the case of Presidential or Governorship election,
the court of Appeal; and
(b) in the case of any other elections under this Bill, the
election tribunal established under the Constitution or
by this Bill.
(3) The election tribunals shall-
(a) be constituted not later than 14 days before the
election; and
(b) when constituted, open their registries for business 7
days before the election.

Section 134 of the Electoral Act 2010

Time for presenting election petition

(1) An election petition shall be filed within 21 days
after the date of the declaration of results of the
elections.
(2) An election tribunal shall deliver its judgment in
writing .within 180 days from the date of the filing of
the petition.

(3) An appeal from a decision of an election tribunal or
court shall be heard and disposed of within 90 days
from the date of the delivery of judgment of the
tribunal.
(4) The court in all appeals from election tribunals may
adopt the practice of first giving its decision and
reserving the reasons thereto for the decision to a
later date.

Section 135 of the Electoral Act 2010

Establishment of Area Council Election Tribunal

(1) There shall be established for the Federal Capital
Territory one or more Election Tribunals (in this Act
referred to as the Area Council Election Tribunal)
which shall, to the exclusion of any other court or
tribunal, have original jurisdiction to hear and
determine any question as to whether-
(a) any person has been validly elected to the office of
Chairman, ViceChairman or Councillor;
(b) the term of office of any person elected to the office
of Chairman, ViceChairman or Councillor has ceased;
(c) the seat of a member of an Area Council has become
vacant; and
(d) a question or petition brought before the Area Council
Election Tribunal has been properly or improperly
brought;

(2) An Area Council Election Tribunal shall consist of a
Chairman and two other members.
(3) The Chairman shall be a Chief Magistrate and two
other members shall be appointed from among
Magistrates of the Judiciary of the Federal Capital
Territory, Abuja and legal practitioners of at least 10
years post-call experience, non-legal practitioners of
unquestionable integrity or other members of the
Judiciary of the Federal Capital Territory not below the
rank of a Magistrate.

Section 136 of the Electoral Act 2010

Establishment of Area Council Election Appeal Tribunal

(1) There shall be established for the Federal Capital
Territory (FCT) the Area Council Election Appeal
Tribunal which shall to the exclusion of any other court
or tribunal hear and determine appeals arising from
the decision of the Area Council Election Petition
Tribunal.

(2) The decision of the Area Council Election Appeal
Tribunal ill respect of Area Council elections shall be
final.

(3) An Area Council Election Appeal Tribunal shall consist
of a Chairman and two other members and the
Chairman shall be a Judge of the High Court and the
two other members shall be appointed from among
Judges of the High Court of the Federal Capital
Territory, Abuja, Kadis of the Sharia Court of Appeal
of the Federal Capital Territory, Abuja, Judges of the
Customary Court of Appeal or other members of the
Judiciary of the Federal Capital Territory, Abuja not
below the rank of a Chief Magistrate.

(4) The quorum of an Area Council Election Tribunal shall
be the Chairman and one other member.

Section 137 of the Electoral Act 2010

Persons entitled to present election petitions

(1) An election petition may be presented by one or
more of the Persons entitled to present following
persons-
(a) a candidate in an election;
(b) a political party which participated in the election;
(2) A person whose election is complained of is, in this
Act, referred to as the respondent.

(3) If the petitioner complains of the conduct of an
Electoral Officer, a Presiding or Returning Officer, it
shall not be necessary to join such officers or
persons notwithstanding the nature of the complaint
and the Commission shall, in this instance, be-
(a) made a respondent; and
(b) deemed to be defending the petition for itself and on
behalf its officers or such other persons.

Section 138 of the Electoral Act 2010

Grounds of petition

(1) An election may be questioned on any of the
following grounds, that Grounds of petition 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 noncompliance 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.

Section 139 of the Electoral Act 2010

Certain defects not to invalidate election

(1) An Election shall not be liable to be invalidated by
reason of noncompliance 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.

Section 140 of the Electoral Act 2010

Nullification of election by Tribunal or Court

(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) Where an election tribunal or court nullifies an election
on the ground that the person who obtained the
highest votes at the election was not qualified to
contest the election, the election tribunal or court shall
not declare the person with the second highest votes
as elected, but shall order a fresh election.

(3) 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.

(4) Subject to the provision of paragraph 53(2) of the
First Schedule to this Act, 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 First Schedule of this Act.

Section 141 of the Electoral Act 2010

Effect of non participation in an election

An election tribunal or court shall not under any
circumstance declare any person a winner at an
election in which such a person has not fully
participated in all the stages of the said election.

Section 142 of the Electoral Act 2010

Accelerated hearing of election petitions

Without prejudice to the provisions of section 294(1)
of the Constitution of the Federal Republic of Nigeria,
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.

Section 143 of the Electoral Act 2010

Person elected to remain in office pending determination of appeal

(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 21 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.

Section 144 of the Electoral Act 2010

Legal representation of Commission, etc.

(1) Where the Commission, an Electoral Officer,
Retuning Officer or any other official of the
Commission has been joined as a respondent in an
election petition, a Legal Officer of the Commission or
a Legal Practitioner engaged by the Commission shall
represent the Commission, Electoral Officer, Presiding
Officer, Returning Officer or other official of the
Commission at the Tribunal or Court.

(2) The Attorney-General of the State concerned (acting
in person or through any of his Legal Officers) or the
Attorney General of the Federation (acting in person
or through any of his Legal Officers) may represent
the Commission and the Officers referred to in
subsection (1) of this section with the written consent
or authority of the Commission.

(3) A private Legal Practitioner or Legal Officer engaged
by the Commission pursuant to subsections (1) and
(2) of this Section shall be entitled to be paid such
professional fees or honorarium, as the case may be,
to be determined by the Commission.

Section 145 of the Electoral Act 2010

Rules of procedure for election petition

(1) The rules of procedure to be adopted for election
petitions and appeals arising therefrom shall be as set
out in the First Schedule to this Act.
(2) The President of the Court of Appeal may issue
practice directions to election tribunals.


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Section 117-132 of the Nigerian Electoral Act 2010

Section 117-132 of the Nigerian Electoral Act 2010

Section 117 to132 of the Nigerian Electoral Act 2010 is under PART VII (ELECTORAL OFFENCES) of the Act.

Section 117 of the Electoral Act 2010

Offences in relation to registration, etc.

(1) A person who-
(a) without authority, destroys, mutilates, defaces orremoves
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 whatever 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 maximum fine
of Nl,000,000 or to 12 months imprisonment or to
both.

Section 118 of the Electoral Act 2010

Offences in respect of nomination, etc.

(1) A person who-
(a) forges any nomination paper or result form;
(b) willfully defaces or destroys any nomination paper or
result form;
(c) delivers to an electoral officer any nomination paper
or result form knowing it to be forged;
(d) signs a nomination paper or result form 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 or result form;
(f) willfully destroys any ballot paper or official mark on
any ballot paper or any certificate of return or result
form;
(g) without authority gives a ballot paper or result form
to any person;
(h) willfully places in any ballot box any unauthorized
paper or result form;
(i) willfully removes from a polling station any ballot
paper or result form whether or not the ballot paper
or result form 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 or result form 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, commits an
offence.

(2) A person who commits an offence under subsection
(1) of this section is liable on conviction to a maximum
term of imprisonment for 2 years.

(3) A person who-
(a) without proper authority prints a ballot paper or what
purports to be or is capable of being used as a ballot
paper or result form at an election;
(b) being authorized by the Commission to print ballot
papers or result form prints more than the number or
quantity the Commission authorized;
(c) without authority, is found in possession of a ballot
paper or result form when he is not in the process of
voting and at a time when the election for which the
ballot paper or result form is intended is not yet
completed;
(d) 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 or by
which a ballot paper or result form mayor could be
secretly placed or stored in, or having been deposited
during polling may be secretly diverted, misplaced or
manipulated, commits an offence.

(4) A person who commits an offence under subsection
(3) of this section is liable on conviction to a maximum
fine of N50,000,000 or for a term of imprisonment of
not less than 10 years or to both.
(5) An attempt to commit any offence under this section
shall be punishable in the same manner as the offence
itself.

Section 119 of the Electoral Act 2010

Disorderly behavior at political meetings

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
maximum fine ofN500,000 or imprisonment for 12
months or both.

Section 120 of the Electoral Act 2010

Improper use of voters’ cards

(1) Any person who-
(a) being entitled to a voter’s 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 or persons for use at an election
uses it fraudulently;
(c) without lawful excuse has in his possession more than
one Voter’s Card; or
(d) buys, sells, procures or deals, with a voters card
otherwise than as provided in this Act; commits an
offence and is liable on conviction to a maximum fine
of Nl,000,000 or imprisonment for 12 months or both.

Section 121 of the Electoral Act 2010

Improper use of vehicles

(1) No person shall provide for the purpose of any
other person to a registration office or to a polling unit
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
subsection (1) of this section commits an offence and
is liable on conviction to a maximum fine of N 500,000
or to imprisonment for six months or to both.

Section 122 of the Electoral Act 2010

Impersonation and voting when not qualified

(1) Any person who-
(a) applies 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
maximum fine of N500,000 or 12 months
imprisonment or both.

(2) Any person who impersonates or who aids, abets,
counsels or procures the commission of that offence,
commits an offence and is liable on conviction to a
maximum fine of N500,000 or imprisonment for 12
months or both.

(3) No person charged with the offence of impersonation
shall be convicted except on the evidence of at least
two witnesses.

Section 123 of the Electoral Act 2010

Dereliction of duty

(1) Any officer appointed for the purposes of this Act,
who without Dereliction of duty lawful excuse commits
any act or omits to act in breach of his official duty
commits an offence and is liable on conviction to a
maximum fine of N500, 000 or to imprisonment for 12
months or both.
(2) Any Polling Officer who fails to report promptly at his
polling unit on an election day without lawful excuse
commits an offence of dereliction of duty and is liable
on conviction to a maximum fine of N500,000 or 12
months imprisonment or both.

(3) Any polling officer who fails to discharge his lawful
duties at his polling unit without lawful excuse
commits an offence of dereliction of duties and is
liable on conviction to a maximum fine of N500,000
or 12 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 of return commits
an offence and is liable on conviction to 36 months
imprisonment.

(5) Any Returning Officer or Collation Officer who delivers
or causes to be delivered a false certificate of return
knowing same to be false, commits an offence and is
liable on conviction to a maximum imprisonment for 3
years without an option of fine.
(6) Any person who delivers or causes to be delivered a
false certificate of return knowing same to be false to
any news media commits an offence and is liable on
conviction to imprisonment for 3 years.

Section 124 of the Electoral Act 2010

Bribery and conspiracy

(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 any money or valuable consideration;
(b) directly or indirectly, by himself or by any other
person on his behalf, corruptly makes any gift, loan,
offer, promise, procurement or agreement 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;
(c) upon or in consequence of any gift, loan, offer,
promise, procurement or agreement 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;
(d) 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;
(e) after any election directly, or indirectly, by himself, or
by any other person on his 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 at any such election,
commits an offence and is liable on conviction to a
maximum fine of N500, 000 or 12 months
imprisonment or both.

(2) A voter commits an offence of bribery where 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 is
liable on conviction to a maximum fine of N500,000 or
imprisonment for 12 months or both.
(5) Any person who conspires, aids or abets 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.

Section 125 of the Electoral Act 2010

Requirement of secrecy in voting

(1) Every person in attendance at a polling unit
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 unit
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 unit 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 is liable on conviction
to a maximum fine of N100,000 or to imprisonment
for a term of 6 months or both.

Section 126 of the Electoral Act 2010

Wrongful voting and false statements

(1) Any person who-
(a) votes at an election or induces or procures any person
to vote at an election, knowing that he or 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 is true,
commits an offence and is liable on conviction to a
maximum fine of N100,000 or imprisonment for a
term of 6 months or both.

Section 127 of the Electoral Act 2010

Voting by unregistered person

(1) Any person who knowingly votes or attempts to
vote in a Voting by unregistered constituency in
respect of which his name is not on the register of
person voters commits an offence and is liable on
conviction to
a maximum fine of N100,000 or to imprisonment for
a term of 6 months or both.
(2) Any person who knowingly brings into a polling unit
during an election a voter’s card issued to another
person commits an offence and is liable on conviction
to a fine of NI00,000 or to imprisonment for a term of
6 months or both.

Section 128 of the Electoral Act 2010

Disorderly conduct at elections

Any person who at an election acts or incites others
to act in a disorderly manner commits an offence and
is liable on conviction to a maximum fine ofN500,000
or imprisonment for a term of 12 months or both.

Section 129 of the Electoral Act 2010

Offences on election day

(1) No person shall on the date on which an election
is held do any of the following acts or things in a polling
unit or within a distance of 300 metres of a polling unit-
(a) canvass for votes;
(b) solicit for 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 after being
refused to vote;
(j) snatch or destroy any election materials; and
(k) blare siren.

(2) No person shall within 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;
(b) unless appointed under this Act to make official
announcements, operate any megaphone, amplifier or
public address apparatus;
(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 commits an offence and is liable on conviction
to a fine of NI00,000 or imprisonment for a term of 6
months for every such offence.
(4) Any person who snatches or destroys any election
material commits an offence and is liable on
conviction to 24 months imprisonment.

Section 130 of the Electoral Act 2010

Under influence

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 is liable on conviction to a fine of NI00,000 or
imprisonment for a term of 12 months or both.

Section 131 of the Electoral Act 2010

Threatening

(1) A person who-
a) directly or indirectly, by himself or by another person
on his behalf, makes use of or threatens to make use
of any force, violence or restrain;
(b) inflicts or threatens to inflict by himself or by any
other person, any minor or serious 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 an offence and is liable on conviction to a fine
ofN1,000,000 or imprisonment for a term of 3 years.

Section 132 of the Electoral Act 2010

Offences relating to recall

The offences referred to in this Act shall apply to
recall of a member of Offences relating to recall a
Legislative House and a member of an Area Council.


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Section 103-116 of the Nigerian Electoral Act 2010

Section 103-116 of the Electoral Act 2010

Section 103 to 116 of the Electoral Act 2010 is under PART VI (PROCEDURE FOR ELECTION TO AREA COUNCIL) of the act.

Section 103 of the Electoral Act 2010

Power of the Commission

(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 this Act.
(2) The register of voters compiled and the polling units
established by the Commission and any other
regulations, guidelines, rules or manual issued or
made by the Commission shall be used for elections
into the Area Councilor recall of a member.

Section 104 of the Electoral Act 2010

Election to offices of Chairman, ViceChairman and Councillors

(1) There shall be elected for each Area Council in the
Federal Capital Territory a Chairman and Vice-
Chairman.
(2) There shall be a Councilor for each Electoral Ward in
an Area Council of the Federal Capital Territory.

Section 105 of the Electoral Act 2010

Division of Area Council into registration area

(1) Subject to the provision, of this section, the
Commission shall divide each Area Council into
Electoral 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 Electoral Ward is as
nearly equal to the population quota of the Electoral
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 Electoral ward in
accordance with subsection (1) of this section to such
extent as it may consider desirable in the light of the
review.

(4) Notwithstanding subsection (3) of this section, the
Commission may, at any time, carry out such a review
and alter the Electoral Ward 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.

Section 106 of the Electoral Act 2010

Qualification

(1) 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 25years for Councillor and 30
years for Chairman and Vice Chairman;
(d) is educated up to at least the School Certificate level
or its equivalent; and (e) is a member of a political party
and is sponsored by that party.

Section 107 of the Electoral Act 2010

Disqualification

(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) he is adjudged to be a lunatic or otherwise declared
to be of unsound mind under any law in force in any
part of Nigeria ;
(c) he is under a sentence of death imposed on him by
any competent court of law or tribunal in Nigeria.
(d) within a period of less than 10 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
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, within the preceding period of 10 years
presented a forged certificate to the Commission;
(i) he has been dismissed from the public service of the
Federation, State, Local Government or Area council;
or
(j) he has been elected to such office at any two previous
elections in the case of Chairman.

(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, habeas
corpus, or any appeal from any such application.

Section 108 of the Electoral Act 2010

Date of Area Council elections and method of voting

(1) Election into 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 150 days before and not later
than 90 days before the expiration of the term of
office of the last holder of that office.

(4) Where a vacancy occurs more than 3 months before
the day the Area Council stands dissolved there shall
be a bye-election to fill the vacancy not later than 30
days from the date the vacancy occurred.
(5) Voting shall be by open-secret ballot.

Section 109 of the Electoral Act 2010

Procedure for Area Council elections

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.

Section 110 of the Electoral Act 2010

Procedure for nomination, etc.

(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 remains duly nominated, a poll shall be
taken in accordance with the provisions of this Act.
(3) Where at the close of nomination for election to the
office of Chairman, only one candidate- (a) has been
nominated; or
(b) remains nominated by reason of the disqualification,
withdrawal, incapacitation, disappearance, or death of
the other candidate, the Commission shall extend the
time for nomination by seven days;

PROVIDED that where after the extension, only one
candidate remains validly nominated there shall be no
further extension.

Section 111 of the Electoral Act 2010

Election of Area Council Chairman

(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.
PROVIDED- that where the only candidate fails to be
elected in accordance with this subsection then there
shall be fresh nomination.

(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, 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.
(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 2 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,
he has –
(a) the highest number of 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 wards in
the Area Council, as the case maybe.

(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
that where there is 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 this
section, the Commission shall within 7 days of the
result of the election held under the said subsections,
arrange for another election between the t2
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 ofthe 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 previous election, for another
election between the 2 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 the Area Council if he scores a simple
majority of votes cast at the election.

Section 112 of the Electoral Act 2010

Death of Chairman before oath of office

(1) If a person duly elected as Chairman dies before
taking and subscribing to the Oath of Allegiance and
Oath of Office, the person elected with him as Vicechairman
shall be sworn in as Chairman who shall
then nominate and, with the approval of a majority of
the members of the Area Legislative Council, appoint
a new Vice-Chairman.

(2) Where the Vice-Chairman is appointed from among
the Councilors as the new Vice-Chairman, the
Commission shall conduct a bye-election to fill the
vacant seat created in the Ward from which the new
Vice-Chairman has been appointed.
(3) Where the persons duly elected as Chairman and Vice-
Chairman of an Area Council die before taking and
subscribing the Oath of Allegiance and Oath of Office
during which period the Area Council has not been
inaugurated, the Commission shall, within 21 days,
conduct an election to fill the vacancies.

Section 113 of the Electoral Act 2010

Dissolution of Area Council

(1) An Area Council shall stand dissolved at the
expiration of 3 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.
(2) In the determination of the 3 year term, where a rerun
election has taken place and the person earlier
sworn-in wins the re-run election, the time spent in
office before the date the election was annulled, shall
be taken into account.

Section 114 of the Electoral Act 2010

Vacation of seat of members

(1) 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 takes up full time paid employment at any level
of the government or in the private sector;
(c) 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
(d) if the Leader of the Area Legislative Council receives
a certificate under the hand of the Commission stating
that the provisions of section 116 of this Act have
been complied with in respect of the recall of that
member.

(2) The Leader of the Area Legislative Council shall give
effect to subsection
(1) of this section, so that the Leader 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.

Section 115 of the Electoral Act 2010

Removal of Chairman or Vice-Chairman

(1) The Chairman or Vice-Chairman may be removed
from office in accordance with the provision of this section.
(2) Whenever a notice of any allegation of gross
misconduct in writing, signed by not less than onethird
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 are presented
to the Speaker of the Area Legislative Council.

(3) The Leader 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.
(4) 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.

(5) 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.

(6) Within 7 days of the passing of a motion under
subsection (4) of this section, the leader of the Area
Legislative Council shall inform the Chief Judge of the
Federal Capital Territory, Abuja, who shall appoint a
Panel of 7 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.

(7) 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.
(8) 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;
(b) within three months of its appointment, report its
findings to the Area Legislative Council.

(9) Where the Panel reports to the Area Legislative
Council that the allegation has not been proven no
further proceedings shall be taken in respect of the
matter.

(10) 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 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.

Section 116 of the Electoral Act 2010

Recall

A member of an Area 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 not less than onehalf
of the persons registered to vote in that member’s
constituency alleging their loss of confidence in that
member and which signatures are duly verified by the
Commission; 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 simple majority
of the votes of the persons registered to vote in that
member’s constituency.


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Section 78-102 of the Nigerian Electoral Act 2010

Section 78-102 of the Electoral Act 2010

Section 78 to 102 of the Electoral Act 2010 is under PART V (POLITICAL PARTIES) of the Act.

Section 78 of the Electoral Act 2010

Powers of the Commission to register political parties

(1) A political association that complies with the
provisions of the Constitution and this Act for the
purposes of registration shall be registered as a
political party provided that such application for
registration as a political party shall be duly submitted
to the Commission not later than 6 months before a
general election.
(2) 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.
(3) If the Association has not fulfilled all the conditions
under this section, the Commission shall within 30
days from the receipt of its application notify the
association in writing stating the reasons for nonregistration.
(4) A 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 from the date of receipt of the
application, and if after the 30 days such association
is not registered by the Commission unless the
Commission informs the association to the contrary’ it
shall be deemed to have been registered.
(5) An 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.
(6) An application for registration as a political party shall
not be processed unless there is evidence of payment
of administrative fee as may be fixed from time to
time by the Commission.
(7) The Commission shall have power to de-register
political parties on the following grounds(
i) breach of any of the requirements for registration;
and
(ii) for failure to win a seat in the National or State
Assembly election.

Section 79 of the Electoral Act 2010

Decision of the Commission subject to judicial review

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 30 days from the date of receipt of the letter of
notification of non registration from the Commission.

Section 80 of the Electoral Act 2010

Political parties to be bodies corporate

A 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.

Section 81 of the Electoral Act 2010

Contravention of section 227 of the 1999 Constitution

(1) A political party or association which contravenes
the provisions of Contravention of Section 227 of the
1999 Constitution commits an offence and is liable on
conviction to a fine of –
(a) N 500,000.00 for the first offence;
(b) N 700,000.00 for any subsequent offence; and
(c) N 50,000 for every day that the offence continues.
(2) A person or group of persons who aids or abets a
political party in contravening the provisions of section
227 of the Constitution commits an offence and is
liable on conviction to a fine of N500, 000 or
imprisonment for a term of 3 years or both.

Section 82 of the Electoral Act 2010

Symbols of political parties

(1) The Commission shall keep a register of symbols
for use at elections.
(2) The Commission shall register the symbol of a political
party if it is satisfied that –
(a) an other symbol of the same design is not 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) the political party in whose
name it is registered requests the removal; or
(b) the Commission is of the opinion that the political party
or independent candidate 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) a 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
Nigeria 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, or
(d) any symbol or part of a symbol which under the
provision of this section continues to be registered by
another political party.
(5) Subject to the 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.

Section 83 of the Electoral Act 2010

Allocation of symbols

Where a symbol is registered by a political party in
accordance with this Allocation of symbols Act, the
Commission shall allot the symbol to any candidate
sponsored by the political party at any election.

Section 84 of the Electoral Act 2010

Merger of political parties

(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.
(2) Political parties intending to merge shall each give to
the Commission 90 day’s notice of their intention to
do so before a general election.
(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 and shall be accompanied by –
(a) a special resolution passed by the national convention
of each of the political 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 office of the party
resulting from the merger; and
(c) evidence of payment of administrative costs of
N100,000 or as may be fixed from time to time by an
Act of the National Assembly.
(4) On receipt of the request for merger of 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 30 days from the
date of the receipt of the formal request-

PROVIDED that if the Commission fails to communicate its
decision within 30 days the merger shall be deemed to be
effective.

(5) Where the request for the proposed merger is
approved, the Commission shall withdraw and cancel
the certificates of registration of all the political parties
opting for the merger and substitute a single
certificate of registration in the name of the party
resulting from the merger.
(6) Notwithstanding the provisions of subsection (2) of
this section no merger of political parties received by
the Commission less than 90 days before any general
election in the country shall not be considered by the
Commission.

Section 85 of the Electoral Act 2010

Notice of convention, congress, etc.

(1) A 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;
and
(c) approving a merger with any other registered political
party.
(3) The election of members of the executive committee
or other governing body of a political party, including
the election to fill a vacant position in any of these
bodies, shall be conducted in a democratic manner
and allowing for all members of the party or duly
elected delegates to vote in support of a candidate of
their choice.
(4) Notice of any congress, conference or meeting for the
purpose of nominating candidates for Area Council
elections shall be given to the Commission at least 21
days before such congress, conference or meeting.

Section 86 of the Electoral Act 2010

Monitoring of political parties

(1) The Commission shall monitor and 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 the Constitution or any
other law, guidelines, rules or regulations made
pursuant to an Act of the National Assembly.
(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 Area Councilor 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 commits an offence and is liable on conviction
to a fine of not less than N500,000,00

Section 87 of the Electoral Act 2010

Nomination of candidates by parties

(1) A political party seeking to nominate candidates
for elections under this Act shall hold primaries for
aspirants to all elective positions.
(2) The procedure for the nomination of candidates by
political parties for the various elective positions shall
be by direct or indirect primaries.
(3) A political party that adopts the direct primaries
procedure shall ensure that all aspirants are given
equal opportunity of being voted for by members of
the party.

(4) A political party that adopts the system of indirect
primaries for the choice of its candidate shall adopt
the procedure outlined below-
(a) in the case of nominations to the position of
Presidential candidate, a political party shall-
(i) hold special conventions in each of the 36 States of
the Federation and Federal Capital Territory, where
delegates shall vote for each of the aspirants at
designated centres in each State Capital on specified
dates,
(ii) a National Convention shall be held for the ratification
of the candidate with the highest number of votes,
(iii) the aspirant with the highest number of votes at the
end of voting in the 36 States of the Federation and
Federal Capital Territory, shall be declared the winner
of the Presidential primaries of the political party and
the aspirants name shall be forwarded to the
Commission as the candidate of the party after
ratification by the national convention;
(b) in the case of nominations to the position of
Governorship candidate, a political party shall, where
they intend to sponsor candidates-
(i) hold special congress in each of the Local Government
Areas of the States with delegates voting for each of
the aspirants at the congress to be held in designated
centres on specified dates,
(ii) the aspirant with the highest number of votes at the
end of voting shall be declared the winner of the
primaries of the party and aspirant’s name shall be
forwarded to the Commission as the candidate of the
party, for the particular State;
(c) in the case of nominations to the position of a
Senatorial candidate, House of Representatives and
State House of Assembly a political party shall, where
they intend to sponsor candidates-
(i) hold special congresses in the Senatorial District,
Federal Constituency and the State Assembly
Constituency respectively, with delegates voting for
each of the aspirants in designated centres on
specified dates;
(ii) The aspirant with the highest number of votes at the
end of voting shall be declared the winner of the
primaries of the party and the aspirant’s name shall
be forwarded to the Commission as the candidate of
the party; and
(d) in the case of the position of a Chairmanship candidate
of an Area Council a political party shall, where they
intend to sponsor candidates-
(i) hold special congresses in the Area Councils, with
delegates voting for each of the aspirants at
designated centres on a specified date; and
(ii) the aspirant with the highest number of votes. at the
end of voting shall be declared the winner of the
primaries of the party and the aspirant’s name shall
be forwarded to the Commission as the candidate of
the party.

(5) In the case of a Councillorship candidate, the
procedure for the nomination of the candidate shall be
by direct primaries in the ward and the name of the
candidate with the highest number of votes shall be
submitted to the Commission as the candidate of the
party.
(6) Where there is only one aspirant in a political party for
any of the elective positions mentioned in sub section
(4)(a), (b), (c) and (d), the party shall convene a
special convention or congress at a designated centre
on a specified date for the confirmation of such
aspirant and the name of the aspirant shall be
forwarded to the Commission as the candidate of the
party.
(7) A political party that adopts the system of indirect
primaries for the choice of its candidate shall clearly
outline in its constitution and rules the procedure for
the democratic election of delegates to vote at the
convention, congress or meeting.
(8) A political appointee at any level shall not be a voting
delegate at the Convention or Congress of any
political party for the purpose of nomination of
candidates for any election.
(9) Where a political party fails to comply with the
provisions of this Act in the conduct of its primaries,
its candidate for election shall not be included in the
election for the particular position in issue.

(10) Notwithstanding the provisions of the Act or rules of a
political party, an aspirant who complains that any of
the provisions of this Act and the guidelines of a
political party has not been complied with in the
selection or nomination of a candidate of a political
party for election, may apply to the Federal High Court
or the High Court of a State, for redress.
(11) Nothing in this section shall empower the Courts to
stop the holding of primaries or general election under
this Act pending the determination of the suit.

Section 88 of the Electoral Act 2010

Offences in relation to finances of a political party

(1) A Political Party that –
(a) holds or possesses any fund outside Nigeria in
contravention of section 91(3)(a) of this Act commits
an offence and forfeits the funds or assets purchased
with such funds to the Commission and on conviction
is liable to a fine of not less than N500,000,00.
(b) retains any fund or other asset remitted to it from
outside Nigeria in contravention of section 91(3)(b) of
this Act commits an offence and forfeits the funds or
assets to the Commission and on conviction is liable
to a fine of not less than N 500,000.00.

Section 89 of the Electoral Act 2010

Period to be covered by annual statement

(1) A political party shall submit to the Commission a
detailed annual statement of assets and liabilities and
analysis of its sources of funds and other assets,
together with statement of its expenditure in such a
form as the Commission may from time to time
require.
(2) The statement of assets and liabilities referred to in
subsection (1) of this section shall be in respect of the
period 1st January to 31st December in each year, and
that in the year 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.

(3) A political party shall grant to any officer authorized
in writing by the Commission, access to examine the
records and audited accounts kept by
the political party in accordance with the provisions of
this Act and the political party shall give to the officer
all such information as may be requested in relation
to all contributions received by or on behalf of the
party.
(4) The Commission shall publish the report on such
examinations and audit in 3 National Newspapers.

Section 90 of the Electoral Act 2010

Power to limit contribution to a political party

(1) The Commission shall have power to place
limitation on the amount of money or other assets,
which an individual or group of persons can contribute
to a political party.

Section 91 of the Electoral Act 2010

Limitation on election expenses

(1) Election expenses shall not exceed the sum
stipulated in subsections
(2) – (7) of this section.
(2) The maximum election expenses to be incurred by a
candidate at a Presidential election shall be
N1,000,000,000
(3) The maximum election expenses to be incurred by a
candidate at a Governorship election shall be
N200,000,000.
(4) The maximum amount of election expenses to be
incurred in respect of Senatorial seat by a candidate
at an election to the National Assembly shall be
N40,000,000 while the seat for House of
Representatives shall be N20,000,000.

(5) In the case of State Assembly election, the maximum
amount of election expenses to be incurred shall be
NI0,000,000.
(6) In the case of a Chairmanship election to an Area
Council, the maximum amount of election expresses
to be incurred shall be ten million naira NI0,000,000.
(7) In the case of Councillorship election to an Area
Council, the maximum amount of election expenses
to be incurred shall be one million naira NI, 000,000.

(8) In determining the total expenditure incurred in
relation to the candidature of any person at any
election no account shall be taken of(
a) any deposit made by the candidate on his nomination
in compliance with the law;
(b) any expenditure incurred before the notification of the
date fixed for the election with respect to services
rendered or materials supplied before such notification; or
(c) political party expenses in respect of the candidate
standing for a particular election.
(9) An individual or other entity shall not donate more
than NI, 000,000 to any candidate.

(10) A candidate who knowingly acts in contravention of
this section commits an offence and on conviction is
liable in the case of –
(a) Presidential election, to a maximum fine of
N1,000,000,00 or imprisonment for a term of 12
months or both;
(b) a Governorship election to a fine of N800,000.00 or
imprisonment for a term of 9 months or both;
(c) Senatorial election in the National Assembly election
to a fine ofN600,000.00 or imprisonment for a term of
6 months or both;
(d) House of Representatives election in the National
Assembly election, to a fine of N500,000,00 or
imprisonment for a term of 5 months or both;
(e) a State House of Assembly election to a fine
ofN300,000.00 or imprisonment for a term of 3
months or both;
(f) in the case of Chairmanship election, to a fine of
N300,000.00 or imprisonment for a term of 3 months
or both; and
(g) Councillorship election, to a fine of N100,000 or
imprisonment for a tern of one month or both.
(11) An individual who knowingly acts in contravention of
subsection (9) shall, on conviction, be liable to a
maximum fine of N500, 000.00 or imprisonment for a
term of 9 months or both.
(12) An accountant who falsifies, conspires or aids a
candidate to forge or falsify a document relating to his
expenditure at an election or receipt or donation for
the election or in any way aids and abets the breach
of the provision of this section of this Act commits an
offence and is liable on conviction for imprisonment
for a term of 10 years.

Section 92 of the Electoral Act 2010

Election expenses of political parties

(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 be
determined by the Commission in consultation with
the political parties.
(3) Election expenses of a political party shall be
submitted to the Commission in a separate audited
return within 6 months after an election and such
return shall be signed by the political party’s auditors
and counter-signed by the Chairman of the party and
be supported by a sworn affidavit by the signatories
as to the correctness of its contents.
(4) A political party which contravenes subsection (3) of
this section commits an offence and is liable on
conviction to a maximum fine of Nl,000,000 and in the
case of failure to submit an accurate audited return
within the stipulated period, the court may impose a
maximum penalty of N200,000 per day on any party
for the period after the return was due until it is
submitted to the Commission.
(5) 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.

(6) The political party shall cause the return submitted to
the Commission pursuant to subsection (5) of this
section to be published in at least 2 National
Newspapers.
(7) Apolitical party that incurs election expenses beyond
the limit stipulated in this Act commits an offence and
is liable on conviction to a maximum fine of
Nl,000,000.00 and forfeiture to the Commission of the
amount by which the expenses exceed the limit set by
the Commission.
(8) The Commission shall make available for public
inspection during regular business hours at its
Headquarters and State offices the audit returns of
the political parties required by subsection (3) of this
section which shall include the names, addresses,
occupation, and amount contributed by each
contributor to a party.

Section 93 of the Electoral Act 2010

Disclosure by political parties

(1) A political party shall not accept or keep in its
possession any anonymous monetary or other
contribution, gift or property, from any source
whatsoever.
(2) A political party shall keep an account and asset book
into which shall be recorded –
(a) all monetary and other forms of contribution received
by the party; and
(b) the name and address of any person or entity that
contributes any money or assets which exceeds
Nl,000,000.00.
(3) A political party shall not accept any monetary or
other contribution exceeding NI00,000 unless it can
identify the source of the money or other contribution
to the Commission.
(4) A political party sponsoring the election of a candidate
shall, within 3 months after the announcement of the
results of the election, file a report of the contributions
made by individuals and entities to the Commission.

Section 94 of the Electoral Act 2010

Conduct at political rallies and processions, etc.

(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 the Federal Capital Territory, Abuja, shall provide
adequate security for processions at political rallies in
the States and the Federal Capital Territory, Abuja.
(2) A person who, while present at a political rally
procession or voting centre, has with him any
offensive weapon or missile otherwise than in
pursuance of a lawful duty commits an offence and is
liable on conviction to a maximum fine of
N2,000,000 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 or a security agency
authorized to carry arms and is specifically posted to
be present at that political rally or procession.

Section 95 of the Electoral Act 2010

Prohibition of certain conduct, etc. at political campaigns

(1) A political campaign or slogan shall not 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 designated for religious worship, police station
and public offices shall not be used –
(a) for political campaigns, rallies and processions; or
(b) to promote, propagate or attack political parties,
candidates, 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) A political party or member of a political party shall
not retain, organize, 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
interest, or in such manner as to arouse reasonable
apprehension that they are organized, trained or
equipped for that purpose.
(6) A political party, person or candidate shall not 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) A political party or person who contravenes any of the
provision of this section commits an offence and is
liable on conviction-
(a) in the case of an individual, to a maximum fine of
Nl,000,000 or imprisonment for the term of 12
months; and
(b) in the case of a political party, to a fine of N2,000,000
in the first instance, and Nl,000,000 for any
subsequent offence.
(8) A person or group of persons who aids or abets a
political party in contravening the provisions of
subsection (5) of this section commits an offence and
is liable on conviction to a fine of N500,000 or
imprisonment for a term of 3 years or both.

Section 96 of the Electoral Act 2010

Prohibition of use of force or violence during political campaign

(1) A candidate, person or group of persons shall not
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.
(2) A person or political party that contravenes the
provisions of this section commits an offence and is
liable on conviction –
(a) in the case of an individual, to a maximum fine of
Nl,000,000 or imprisonment for a term of 12 months;
and
(b) in the case of a political party, to a fine of N2,000,000
in the first instance, and N500,000 for any subsequent
offence.

Section 97 of the Electoral Act 2010

Effect on elected officer where political party ceases to exist

Where a political party ceases to exist ill accordance
with the Constitution and 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.

Section 98 of the Electoral Act 2010

Existing political parties

A political party registered by the Commission in
accordance with the provisions of any law in force
immediately before the coming into force of the
Constitution and this Act shall be deemed to have
been du1y registered under this Act

Section 99 of the Electoral Act 2010

Limitation on political broadcast and campaign by political parties

(1) For the purpose of this Act, the period of
campaigning in public by every political party shall
commence 90 days before polling day and end 24
hours prior to that day.
(2) A registered political party which through any person
acting on its behalf during the 24 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 particu1ar
candidate, commits an offence under this Act and
upon conviction is liable to a maximum fine of
N500,000.

Section 100 of the Electoral Act 2010

Campaign for election

(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 or candidates at similar hours of the
day.

(4) At any public electronic media, equal airtime shall be
allotted to all political parties or candidates 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) A public media that contravenes subsections (3) and
(4) of this section commits an offence and is liable on
conviction to a maximum fine of N500,000 in the first
instance and to a maximum fine of N1,000,000 for
subsequent conviction.

Section 101 of the Electoral Act 2010

Prohibition of broadcast, etc 24 hours preceding or on polling day

(1) A person, print or electronic medium that
broadcasts, publishes, advertises or circu1ates 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, handbill, or any print or electronic media
whatsoever called during 24 hours immediately
preceding or on polling day commits 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 maximum fine of
N1,000,000; and
(b) in the case of an individual to a maximum fine
ofN500,000 or to imprisonment for a term of 12
months.

Section 102 of the Electoral Act 2010

Campaign based on religion, tribe, etc.

A candidate, person or association who engages in
campaigning or broadcasting based on religious, tribal
or sectional reason for the purpose of promoting or
opposing a particular political party or the election of
a particular candidate, commits an offence under this
Act and is liable on conviction to a maximum fine of
N1,000,000 or imprisonment for a term of 12 months
or to both.


Credit: https://www.lawyard.ng/wp-content/uploads/2020/04/ELECTORAL-ACT-2010-2.pdf

Section 51-77 of the Electoral Act 2010

Section 51-77 of the Electoral Act 2010

Section 25 to 77 of the Electoral Act 2010 is under PART IV (PROCEDURE AT ELECTION) of the Act.

Section 51 of the Electoral Act 2010

Separate queues for men and women

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.

Section 52 of the Electoral Act 2010

Conduct of poll by open secret ballot

(1) Voting at an election under this Act shall be by
open secret ballot.
(2) The use of electronic voting machine for the time
being is prohibited.
(3) A voter on receiving a ballot paper shall mark it in the
manner prescribed by the Commission.
(4) All ballots at an election under this Act at any polling
station shall be deposited in the ballot box in the open
view of the public.

Section 53 of the Electoral Act 2010

Over-voting

(1) No voter shall vote for more than one candidate
or record more than one vote in favour of any
candidate at anyone election.
(2) Where the votes cast at an election in any polling unit
exceed the number of registered voters in that polling
unit, the result of the election for that polling unit shall
be declared void by the Commission and another
election may be conducted at a date to be fixed by the
Commission where the result at that polling unit may
affect the overall result in the Constituency.
(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.

Section 54 of the Electoral Act 2010

Ballot not to be marked by voter for identification

(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 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.

Section 55 of the Electoral Act 2010

Accidental destruction or marking of ballot papers

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.

Section 56 of the Electoral Act 2010

Blind and incapacitated voters

(1) A voter who is blind or is otherwise unable to
distinguish symbols or who suffers from any other
physical disability may be accompanied into the
polling unit by a person chosen by him and that 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.
(2) The Commission may take reasonable steps to ensure
that voters with disabilities are assisted at the polling
place by the provision of suitable means of
communication, such as Braille, Large embossed print
or electronic devices or sign language interpretation,
or off-site voting in appropriate cases.

Section 57 of the Electoral Act 2010

Personal attendance

No voter shall record his vote otherwise than by
personally attending at the
Polling unit and recording his vote in the manner
prescribed by the Commission.

Section 58 of the Electoral Act 2010

Voting at appropriate polling unit

No person shall be permitted to vote at any polling
unit other than the one to which he is allotted.

Section 59 of the Electoral Act 2010

Impersonation by applicant for ballot paper

(1) If at the time a person applies for a ballot paper
and before he has left the polling unit, a polling agent,
polling unit 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) A person in respect of whom a polling agent, polling
official or security agent gives an information in
accordance with the provision 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.

Section 60 of the Electoral Act 2010

Tendered ballot paper

(1) If a person claiming to be entitled to vote applies
for a ballot paper after another person has voted in
the name given by the claimant he shall,
upon satisfactory answers given to any question 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.
(2) 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.
(3) The ballot paper shall, on delivery to the Presiding
Officer and in the view of all present, be set aside by
the Presiding Officer in a packet intended for tendered
votes and the tendered ballot paper shall be counted
by the Returning Officer.
(4) 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.

Section 61 of the Electoral Act 2010

Conduct at polling units.

(1) The Presiding Officer shall regulate the admission
of voters to the polling unit 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 unit.
(2) The Presiding Officer may order a person to be
removed from a polling unit, who behaves in a
disorderly manner or fails to obey a lawful order.
(3) A person removed from a polling unit under this
section shall not, without the permission of the
Presiding Officer, again enter the polling unit during
the day of the election, and if charged with the
commission of an offence in that polling 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 unit from having
an opportunity of so voting.
(5) In the absence of the presiding officer, the Poll Clerk
shall enjoy and exercise all the powers of the Presiding
Officer in respect of a polling unit.

Section 62 of the Electoral Act 2010

Closing of poll

(1) At the prescribed hour for the close of poll, the
Presiding Officer shall declare the poll closed and no
person shall be admitted into the polling unit and only
those already inside the Polling unit shall be allowed
to vote.
(2) After the declaration of the close of polls, no voter
already inside the polling unit shall be permitted to
remain in the polling unit unless otherwise authorized
under this Act.

Section 63 of the Electoral Act 2010

Counting of votes and forms

(1) The Presiding Officer shall, after counting the votes
at the polling 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 unit.
(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 unit.

Section 64 of the Electoral Act 2010

Recount

A candidate or polling agent may, where present at a
polling unit when counting of votes is completed by
the Presiding Officer, demand to have the votes
recounted provided that the presiding Officer shall
cause the votes to be so recounted only once.

Section 65 of the Electoral Act 2010

Post-election procedure and collation of election results

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.

Section 66 of the Electoral Act 2010

Rejection of ballot paper without official mark

(1) Subject to subsection (2) of this section, a ballot
paper which does not bear the official mark shall not
be counted.
(2) If the Returning Officer is satisfied that a ballot paper
which does not bear the official mark was from a book
of ballot papers which was furnished to the Presiding
Officer of the polling unit 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 paper.

Section 67 of the Electoral Act 2010

Endorsement on rejected ballot paper without official mark

(1) The Presiding Officer shall endorse the word
“rejected” on the ballot paper rejected under section
54(1) of this Act 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 toll.
(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.

Section 68 of the Electoral Act 2010

Decision of Returning Officer on ballot paper

(1) The decision of the Returning Officer on any
question arising from or relating to –
(a) unmarked ballot paper;
(b) rejected ballot paper; 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.

Section 69 of the Electoral Act 2010

Declaration of result

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 133, 134 and 179 of the Constitution, the
candidate that receives the highest number of votes
shall be declared elected by the appropriate Returning
Officer.

Section 70 of the Electoral Act 2010

Equality of votes

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.

Section 71 of the Electoral Act 2010

Posting of results

The Commission shall cause to be posted on its notice
board and website a notice showing the candidates at
the election and their scores; and the person declared
as elected or returned at the election.

Section 72 of the Electoral Act 2010

Custody of documents

The Chief 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.

Section 73 of the Electoral Act 2010

Step-by-step recording of poll

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 unit to the last collation centre for the
ward or constituency where the result of the election
shall be declared.

Section 74 of the Electoral Act 2010

Result forms to be signed and countersigned

Every Result Form completed at the Ward, Local
Government, State and National levels in accordance
with the provision of this Act or any guidelines issued
by the Commission shall be 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.

Section 75 of the Electoral Act 2010

Certificate of return

(1) A sealed Certificate of Return at an election in a
prescribed form shall be issued within 7 days to every
candidate who has won an election under this Act-
Provided that where the Court of Appeal or the
Supreme Court being the final appellate court in any
election petition as the case may be nullifies the
Certificate of Return of any candidate, the
Commission shall, within 48 hours after the receipt of
the order of such Court, issue the successful candidate
with a valid Certificate of Return.
(2) Where the Commission refuses or neglects to issue a
Certificate of Return, a certified true copy of the order
of a court of competent Jurisdiction shall, ipso facto,
be sufficient for the purpose of swearing-in a
candidate declared as the winner by that Court.

Section 76 of the Electoral Act 2010

Forms for use at election

The forms to be used for the conduct of elections
under this Act shall be determined by the Commission.

Section 77 of the Electoral Act 2010

Access to election documents

(1) The Resident Electoral Commissioner, in a State
where an election is conducted, shall, within 7 days
after an application is made to him by any
of the parties to an election petition, cause such
documents or the certified true copy thereof, to be
issued to the said party.
(2) Any Resident Electoral Commissioner who willfully fails
to comply with subsection (1) of this section commits
an offence and is liable on conviction to a maximum
fine of N2,000,000 or imprisonment for a term not
exceeding 12 months, or both.


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Section 25-50 of the Electoral Act 2010

Section 25-50 of the Electoral Act 2010

Section 25 to 77 of the Electoral Act 2010 is under PART IV (PROCEDURE AT ELECTION) of the Act.

Section 25 of the Electoral Act 2010

Days of election

(1) Elections into the offices of the President and Vice-
President, the Governor and Deputy Governor of a
State, and to the Membership of the Senate, the
House of Representatives and the House of Assembly
of each State of the Federation shall be held in the
following order-
(a) Senate and House of Representatives;
(b) Presidential election; and
(c) State House of Assembly and Governorship elections.
(2) Elections into the offices of the Chairman and Vice-
Chairman and membership of an Area Council shall be
held on the dates to be appointed by the Independent
National Electoral Commission.

Section 26 of the Electoral Act 2010

Postponement of election

(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,
provided that such reason for the postponement is
cogent and verifiable.
(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 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)
may be challenged by any of the contestants at a
court or tribunal of competent jurisdiction and on such
challenge, the decision shall be suspended until the
matter is determined.

Section 27 of the Electoral Act 2010

Announcement of election results

(1) The Results of all the elections shall
be announced by- (a) the Presiding Officer
at the Polling unit;
(b) the Ward Collation Officer at the Ward Collation
Centre;
(c) the Local Government or Area Council Collation
Officer at the Local
Government! Area Council Collation Centre;
(d) the State Collation Officer at the State Collation
Centre; and
(2) The Returning Officer shall announce the result and
declare the winner of the election at-
(a) Ward Collation Centre in the case of Councillorship
election in the Federal Capital Territory;
(b) Area Council Collation Centre in the case of
Chairmanship and Vice Chairmanship election in the
Federal Capital Territory;
(c) State Constituency Collation Centre in the case of
State House of Assembly election;
(d) Federal Constituency Collation Centre in the case of
election to the House of Representatives;
(e) Senatorial District Collation Centre in the case of
election to the Senate;
(f) State Collation Centre in the case of election of a
Governor of a State;
(g) National Collation Centre in the case of election of the
President; and
(h) the Chief Electoral Commissioner who shall be the
Returning Officer at the Presidential election.

Section 28 of the Electoral Act 2010

Oath of Neutrality by election officers

(1) All staff appointed by the Commission taking part
in the conduct of an election shall affirm or swear
before the High Court an Oath of Neutrality as in the
Second Schedule to this Act.
(2) All Electoral officers, Presiding Officers, Returning
Officers and all staff appointed by the Commission
taking part in the conduct of an election shall affirm
or swear to 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 interest of
the Federal Republic of Nigeria without fear or favour.

Section 29 of the Electoral Act 2010

Appointment of other officers for the conduct of registration of voters and elections

(1) The Commission shall, for the purposes of an
election or registration of voters under this Act,
appoint and designate such officers as may be
required provided that no person who is a member of
a political party or who has openly expressed support
for any candidate shall be so appointed.
(2) The Officers appointed under sub-section (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 shall not be subject
to the direction or control of any person or authority
other than the Commission in the performance of their
functions and duties.

Section 30 of the Electoral Act 2010

Notice of election

(1) The Commission shall, not later than 90 days
before the day appointed for holding of an election
under this Act, 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.

Section 31 of the Electoral Act 2010

Submission of list of candidates and their affidavits by political parties

(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.
(2) The list or information submitted by each candidate
shall be accompanied by an Affidavit sworn to by the
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 candidate, publish
same in the constituency where the candidate intends
to contest the election.
(4) A person may apply to the Commission for a copy of
nomination form, affidavit and any other document
submitted by a candidate at an election and the
Commission shall, upon payment of a prescribed fee,
issue such person with a certified copy of the
documents within 14 days.
(5) A person who has reasonable grounds to believe that
any information given by a candidate in the affidavit
or any document submitted by that candidate is false
may 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.
(6) If the Court determines that any of the information
contained in the affidavit or any document submitted
by that candidate is false, the Court shall issue an
order disqualifying the candidate from contesting the
election.
(7) A candidate for an election shall, at the time of
submitting the prescribed form, furnish the
Commission with an identifiable address in the State
where he intends to contest the election at which
address all documents and court processes from
either the Commission or any other person shall be
served on him.
(8) A political party which presents to the Commission the
name of a candidate who does not meet the
qualifications stipulated in this section, commits an
offence and is liable on conviction to a maximum fine
ofN500, 000.00.

Section 32 of the Electoral Act 2010

Prohibition of double nomination

(1) A candidate for an election shall be nominated in
writing by such number of persons whose names
appear on the register of voters in the constituency as
the Commission may prescribe.
(2) A person shall not nominate more than one person for
an election to the same office.
(3) A person who contravenes subsection (2) of this
section commits an offence and is liable on conviction
to a maximum fine of N100,000 or imprisonment for
3 months or both but his action shall not invalidate
the nomination.
(4) An account shall not be taken of the signature of a
person on a nomination paper where the candidate
had died, withdrawn or the nomination paper was held
invalid.
(5) A person who has subscribed as a nominator shall not,
so long as the candidate stands nominated withdraws
his nomination.

Section 33 of the Electoral Act 2010

Political Parties changing candidates

A political party shall not be allowed to change or
substitute its candidate whose name has been
submitted pursuant to section 32 of this of this Act,
except in the case of death or withdrawal by the
candidate.

Section 34 of the Electoral Act 2010

Publication of nomination

The Commission shall, at least 30 days before the day
of the election publish by displaying or causing to be
displayed at the relevant office or offices of the
Commission and on the Commission’s website, a
statement of the full names and addresses of all
candidates standing nominated.

Section 35 of the Electoral Act 2010

Withdrawal of candidate

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 not later than 45 days to the election.

Section 36 of the Electoral Act 2010

Death of a candidate

(1) If after the time for the delivery of nomination
paper and before the commencement of the poll, a
nominated candidate dies, the Chief National 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 .within 14
days.
(2) The list of voters to be used at a postponed election
shall be the official voters register, which was to be
used if the election had not been postponed.

Section 37 of the Electoral Act 2010

Invalidity of multiple nominations

‘Where a candidate knowingly allows himself to be
nominated by more than one political party or in more
than one constituency his nomination shall be void.

Section 38 of the Electoral Act 2010

Failure of nomination

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.

Section 39 of the Electoral Act 2010

Contested election

Subject to any 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.

Section 40 of the Electoral Act 2010

When poll is required

A poll shall take place in accordance with the
provisions of this Act in the case of an election to-
(a) the office of President or Governor of a State, whether
or not only one person is validly nominated in respect
of such office; and
(b) any other office, if after the expiry of the time for
delivery of nomination papers there is more than one
person standing nominated.

Section 41 of the Electoral Act 2010

Uncontested election

(1) If after the expiration of time for delivery of
nomination papers, 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 the
President or Governor, that person shall be declared
elected.
(2) Where a person is declared elected under the provision
of subsection (1) of this section, a declaration of
Result Form as may be prescribed shall be completed
and a copy 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.

Section 42 of the Electoral Act 2010

Establishment of polling units

The Commission shall establish sufficient number of
polling units in each registration area and shall allot
voters to such polling units.

Section 43 of the Electoral Act 2010

Ballot boxes

(1) The Commission shall provide suitable boxes for
the conduct of elections.
(2) The forms to be used for the conduct of elections to
the offices mentioned in this Act and election petitions
arising there from shall be determined by the
Commission.
(3) The Polling Agents shall be entitled to be present at
the distribution of the election materials from the
office to the polling booth.
(4) A Polling Agent shall be entitled to be present at the
distribution of election materials, voting, counting and
the collation of election results.
(5) The Commission shall, before the commencement of
voting in each election, provide all election materials
for the conduct of such election at the polling unit.

Section 44 of the Electoral Act 2010

Format of ballot papers

(1) The Commission shall prescribe the format of the
ballot papers Format of 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.

Section 45 of the Electoral Act 2010

Polling agents

(1) Each political party may by notice in writing
addressed to the Electoral Officer of the Local
Government or Area Council, appoint a polling agent
for each polling unit and collation centre in the Local
Government or Area Council for which it has a
candidate and the notice shall set out the name
and address of the polling agent and be given to the
Electoral Officer at least 7 days before the date fixed
for the election-
PROVIDED that no person presently serving as
Chairman or member of a Local Government or Area
Council, Commissioner of a State, Deputy Governor,
or Governor of a State, Minister or any other person
holding political office under any tier of Government
and who has not resigned his appointment at least 3
months before the election shall serve as a polling
agent of any political party, either at the polling unit
or at any centre designated for collation of results of
an 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.

Section 46 of the Electoral Act 2010

Notice of poll

(1) The Commission shall, not later than 14 days
before the day of the election, cause to be published,
in such manner as it may deem fit, a notice specifying-
(a) the day and hours fixed for the poll;
(b) the persons entitled to vote; and
(c) the location of the polling units.

Section 47 of the Electoral Act 2010

Hour of polls

Voting in any particular election under this Act shall
take place on the same day and time throughout the
Federation.

Section 48 of the Electoral Act 2010

Display of ballot boxes

(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
unit and shall then close and seal the box in such
manner as to prevent its being opened by an
unauthorized person.
(2) The ballot box shall be placed in full view of all present
and be so maintained until the close of poll.

Section 49 of the Electoral Act 2010

Issue of ballot papers

(1) A person intending to vote with his voter’s card,
shall present Issue of ballot papers himself to a
Presiding Officer at the polling unit in the constituency
in which his name is registered with his voter’s 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.

Section 50 of the Electoral Act 2010

Right to challenge issue of ballot paper

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.


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Section 1-24 of the Electoral Act 2010

Section 1-24 of the Electoral Act 2010

Section 1 to 24 of the Electoral Act 2010 is under Part I (ESTABLISHMENT AND
FUNCTIONS ETC, OF INDEPENDENT NATIONAL ELECTORAL COMMISSION)
, Part II (STAFF OF THE COMMISSION), and Part III (NATIONAL REGISTER VOTER AND VOTERS’ REGISTRATION) of the Act.

Section 1 of the Electoral Act 2010

The Independent National Electoral Commission

The Independent National Electoral Commission as
established by S.153 of the Constitution-
(a) shall be a body corporate with perpetual succession;
and
(b) may sue or be sued in its corporate name.

Section 2 of the Electoral Act 2010

Functions of the Commission

In addition to the functions conferred on it by the
Constitution, the
Commission shall have power to-
(a) conduct voter and civic education;
(b) promote knowledge of sound democratic election
processes; and
(c) conduct any referendum required to be conducted
pursuant to the provision of the 1999 Constitution or
any other law or Act of the National Assembly.

Section 3 of the Electoral Act 2010

Establishment of the Independent National Electoral Commission Fund

(1) There shall be established for the Commission a
fund to be known as Independent National Electoral
Commission Fund.
(2) There shall be paid into the Fund established ill
pursuance to subsection (1) of this Section-
(a) such sums and payments available to the
Commission for carrying out its functions and
purposes under the Constitution and this Act and all
other assets from time to time accruing to the
Commission;
(b) such sums as may, from time to time, be credited to
the Fund by
(c) aids, grants that may, from time to time accrue to
the Commission in order to carry out its functions.
(3) Disbursements from the Fund shall be made in
accordance with rules set out by the Commission.

Section 4 of the Electoral Act 2010

Expenditure of the Commission

(1) The Commission may, from time to time, apply the
proceeds of the Fund established under section 3(1) of this
Act to- (a) defray the cost of administration of the
Commission;
(b) reimburse members or members of any Committee
set up by the Commission for such expenses as may
be expressly authorized by the Commission in
accordance with the rates approved by it;
(c) the payment of the salaries, fees or other
remuneration or allowances and pensions,
superannuation allowance and gratuities payable to
the officers and servants of the Commission, so
however that;
(d) the maintenance of any property vested in the
Commission; and
(e) and in connection with all or any of its functions under
this Act.
(2) No payment of any kind under subsection (1) (c) of
this section (except payment as may be expressly
authorized) shall be made to any person who
is in receipt of emoluments from the Government of
the Federation or the Government of a State.

Section 5 of the Electoral Act 2010

Annual estimates and accounts

(1) The Commission shall submit to the Ministry of
Finance not later than 31st August in each financial
year an estimate of its expenditure and income
(including payments to the Independent National
Electoral Commission) during the next succeeding
financial year.
(2) The Commission shall keep proper accounts and
records in respect of each financial year and shall
cause its accounts to be audited as soon as possible
after the end of each financial year by the Auditor
General of the Federation.

Section 6 of the Electoral Act 2010

Establishment of office in each States and Federal Capital Territory

(1) There shall be established in each State of the
Federation and Federal Capital Territory, an office of
the Commission which shall perform such functions as
may be assigned to it, from time to time, by the
Commission.
(2) A person appointed to the office of a Resident Electoral

Commissioner shall-

(a) be answerable to the Commission; and
(b) hold office for a period of five years.
(3) The Resident Electoral Commissioner appointed
pursuant to the Constitution may only be removed by
the President, acting on an address supported by twothirds
majority of the Senate praying that he be so
removed for inability to discharge the functions of the
office (whether arising from infirmity of mind or body
or any other cause) or for misconduct.

Section 7 of the Electoral Act 2010

Committees of the Commission

The Commission may appoint one or more
committees to carry out any of its functions under this
Act.

PART II – STAFF OF THE COMMISSION

Section 8 of the Electoral Act 2010

Secretary and other staff of the Commission

(1) There shall be a Secretary to the Commission
who shall(
a) be appointed by the Commission; and
(b) have such qualifications and experience to be
determined by the Commission as are appropriate for
a person required to perform the functions of his office
under this Act.
(2) Subject to the general direction of the Commission,
the Secretary shall be- (a) responsible for keeping of
proper records of the proceedings of the Commission;
(b) the head of the Commission’s secretariat and be
responsible for its administration; and
(c) responsible for the direction and control of all other
employees of the Commission with the approval of the
Commission.
(3) The Commission shall have power to appoint, dismiss
and exercise disciplinary control over its staff as may
be prescribed by this Act or any other enactment or
law.
(4) All employees of the Commission appointed under
subsection (3) of this section, excluding persons
appointed on a temporary basis for an honorarium,
shall have the same right and obligation as provided
for in the Pension Reform Act.

PART III- NATIONAL REGISTER OF VOTERS AND VOTERS’REGISTRATION.

Section 9 of the Electoral Act 2010

National Register of Voters and Voters’ Registration

(1) The Commission shall compile, maintain and
update, on a continuous basis, a National Register of
Voters, 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 or Area Council elections.
(2) The Commission shall maintain as part of the National
Register of Voters a register of voters for each State
of the Federation and for the Federal Capital Territory.
(3) The Commission shall maintain as part of the National
Register of Voters for each state and Federal Capital
Territory a Register of Voters for each Local
Government or Area Council within the State and the
Federal Capital Territory.
(4) The register of voters shall contain, in respect of every
person, the particulars required in the Form
prescribed by the Commission.
(5) The registration of voters, updating and revision of the
register of voters under this section shall stop not later
than 60 days before any election covered by this Act.
(6) The registration of voters shall be at the registration
centers designated for that purpose by the
Commission and notified to the public.

Section 10 of the Electoral Act 2010

Continuous registration

(1) Without prejudice to section 10(5), there shall be
continuous registration of all persons qualified to be
registered voters.
(2) Each applicant for registration under the continuous
registration system shall appear in person at the
registration venue with any of the following
documents-
(a) birth or baptismal certificate;
(b) national passport, identity card or driver’s licence; or
(c) any other document that will prove the identity, age
and nationality of the applicant.
(3) The Commission shall, within 60 days after each year,
make available to every political party the names and
address of each person registered during that year.
(4) a general election is notified by the Commission
pursuant to section 31 of this Act, the current official
register of voters certified by the Commission
in accordance with the provision of this Act shall be
the official voters’ register for those elections.
(5) In the case of every by-election conducted under this
Act, the official voters’ register for use at such
elections shall be the existing current register relating
to the senatorial district or the constituency
concerned.
(6) As soon as claims and objections have been dealt with
or the period for making claims and objections has
expired, the supplementary list shall be included in
the revised register, which shall be certified by the
Commission as the official register of voters for the
purposes of any election conducted under this Act and
supercedes all previous registers.

Section 11 of the Electoral Act 2010

Appointment of officers

(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 or updating exercise provided
that 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 shall not be subject
to the direction or control of any person or authority
other than the Commission in the performance of their
functions and duties.

Section 12 of the Electoral Act 2010

Qualification for registration

(1) A person shall be qualified to be registered as a
voter if such a person-
(a) is a citizen of Nigeria;
(b) has attained the age of 18 years;
(c) is ordinarily resident, works in, originates from the
Local Government Area Councilor Ward covered by the
registration centre;
(d) presents himself to the registration officers of the
Commission for registration as a voter; and
(e) is not subject to any legal incapacity to vote under any
law, rule or regulation in force in Nigeria.
(2) A person shall not register in more than one
registration centre or register more than once in
the same registration centre.
(3) A person who contravenes the provisions of
subsection (2) of this section commits an offence
and is liable on conviction to a fine not exceeding
N100,000 or imprisonment for a term not
exceeding one year or both.

Section 13 of the Electoral Act 2010

Transfer of registered voters

(1) A person who before the election is resident in a
constituency other Transfer of than the one in which
he was registered may apply to the 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 voter’s card
and shall 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 of 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 unit or a polling area in
his Constituency and indicate in the list the polling unit
to which that person is assigned;
(b) issue the person with a new voters’ card and retrieve
his previous voter’s 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 and upon receipt
of this entry, that Electoral Officer shall delete the
name from his voters’ list.

Section 14 of the Electoral Act 2010

Demand for information regarding registration

In the performance of his or her duties under this Act,
a registration officer and an update officer shall-
(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; and
(b) require any voter or applicant to complete an
application form for the purpose of the registration;
however, in the case of an illiterate or disabled person
such application form may be completed by the
registration officer on the applicant’s request.

Section 15 of the Electoral Act 2010

Power to print and issue voters register

The Commission shall cause a voters’ register for each
State to be printed and any person or political party
may obtain from the Commission, on payment of such
charges, a certified copy of any voters’ register for the
State or for a Local Government or Area Council or
registration area within it.

Section 16 of the Electoral Act 2010

Powers to print and issue voters’ card

(1) The Commission shall design, cause to be printed
and control the issuance of voters’ cards to voters
whose names appear in the register.
(2) No voter shall hold more than one valid voters’ card.
(3) Any person who contravenes subsection (2) of this
section commits an offence and is be liable on
conviction, to a fine not exceeding NI00,000 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.

Section 17 of the Electoral Act 2010

Custody of voters’ register

Each Electoral Officer shall take custody of the voters
register for his Local Government Area under the
general supervision of the Resident Electoral
Commissioner.

Section 18 of the Electoral Act 2010

Power to issue duplicate voters’ cards

(1) Whenever a Voter’s card is lost, destroyed,
defaced, torn or otherwise damaged, the owner of
such card shall, not less than thirty (30) 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 the loss, destruction, defacement or
damage.
(2) If the Electoral Officer or any other officer is satisfied
as to the circumstances of the loss, destruction,
defacement or damage of the Voters’ card, he shall
issue to the voter another copy of the voters’ original
voters’ card with the word “DUPLICATE” clearly
marked or printed on it, showing the date of issue.
(3) No person shall issue a duplicate voters’ card to any
voter on polling day or less than thirty (30) 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 N200,000 or imprisonment not
exceeding two years or both.

Section 19 of the Electoral Act 2010

Display of the copies of the voters’ list

(1) Subject to the provisions of section 16(1) 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 Councilor ward shall be
displayed for public scrutiny and during which period
any objection or complaint in relation to the names
omitted or included in the voters’ register or in relation
to any necessary correction, shall be raised or filed.
(2) During the period of the display of the Voters’ list
under this Act, any person may-
(a) raise an objection on the form prescribed by the
Commission against the inclusion in the
supplementary Voters’ register of the name of a
person on grounds that the person is not qualified to
be registered as a voter in the State, Local
Government or Area Council, Ward or Registration
Area or that the name of a deceased person is
included in the register; or
(b) make a claim on the form prescribed by the
Commission that the name of a person registered to
vote has been omitted.
(3) Any objection or claim under subsection (2) of this
section shall be addressed to the Resident Electoral
Commissioner through the Electoral Officer in charge
of the Local Government or Area Council.

Section 20 of the Electoral Act 2010

Time for publication of supplementary voters’ register

The supplementary voters’ list shall be integrated
with the voters’ register and published not later
than 30 days before a general election.

Section 21 of the Electoral Act 2010

Revision officer for hearing of claims, etc.

(1) The Commission may appoint as a Revision
Officer any person to hear and determine claims
for and objection to any entry in or omission from
the preliminary list of voters and may appoint
such number of other persons as it deems
necessary to assist the Revision Officer.
(2) Any person dissatisfied with the determination by a
revision officer or person or persons assisting a
revision officer of his claims or objection as mentioned
in subsection (1) of this section, shall within seven
days, appeal against the decision to the Resident
Electoral Commissioner in charge of that State whose
decision shall be final,

Section 22 of the Electoral Act 2010

Proprietary rights in the voters’ card

The proprietary rights in any voters’ card issued to any
voter shall vest in the Commission.

Section 23 of the Electoral Act 2010

Offences of buying or selling voters’ cards

(1) Any person who-
(a) is in unlawful possession of any voter’s card whether
issued in the name of any voter or not; .
(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 voters’ card whether on his
own behalf or on behalf of any other person, commits
an offence and shall be liable, on conviction, to a fine
not exceeding N500,000 or imprisonment not
exceeding two years or both.

Section 24 of the Electoral Act 2010

Offences relating to registration of voters

(1) Any person who-
(a) makes a false statement in any application for
registration as a voter knowing it to be false;
(b) after demand or requisition made of him under this
Act without just cause, fails to give any such
information as he or she possesses or does not give
the information within the time specified;
(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;
(d) transmits or is involved in transmitting to any person
as genuine a declaration relating to registration which
is false in any material particular, knowing it to be
false;
(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;
(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 NIOO,OOO 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; or
(b) in any way hinders another person from registering as
a voter; commits an offence and is liable on
conviction, to a fine not exceeding N500,000 or
imprisonment not exceeding 5 years.


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