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.

SEE ALSO  Section 51-77 of the Electoral Act 2010

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.

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

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.

SEE ALSO  Section 117-132 of the Nigerian Electoral Act 2010

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.


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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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