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.

SEE ALSO  Second Schedule - Nigerian Electoral Act 2010

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.

SEE ALSO  Section 25-50 of the Electoral Act 2010

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.

SEE ALSO  Section 146-158 of the Nigerian Electoral Act 2010

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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Inioluwa Olaposi

Hi, there. I'm Inioluwa, founder of LawHub NG. I study Law at Obafemi Awolowo University, Nigeria. And I am interested in entrepreneurship and human development. Contact me at Inioluwa@lawhub.com.ng.

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