Electoral (Amendment) Act, 2015

Link to law: http://www.nassnig.org/document/download/7856

ELECTORAL (AMENDME!\'T) ACT, 2015
EXPLA.!\ATORY MEMORANDFM
This Act further amends the Electoral Act. 201 () to, among other things. provide for the tenure of office of (he Secretary, increase the number of days for application for and issuance of duplicate voter's card, determine voting procedure as well as addressing other related issues to facilitate electioneering in Nigeria.
ELECTORAL (AMENDMENT) ACT, 2015
ARRANGEMENT OF SECTIONS
Section:
I. Amendment of Act No.6. 2010 2. Amendment of section 8 (1) 3. Amendment of secti on 13 (2) 4. Amendment of section 18 5. Amendment of section 26 6. Amendment of section 28 7. Amendment of section 29 8. Substitution for section 45 (1) 9. Amendment of section 52 10. Amendment of section 65 II. Amendment of section 77 12. Amendment of section 94 13. Amendment of section 111 14. Insertion of new sections --lISA -115B" IS. Amendment of section 123 16. Amendment of section 133 17. Amendment of section 135 18. Amendment of section 136 19. Amendment of section 138 20. Amendment of paragraph 51 to the First Schedule 21. Citation
ELECTORAL (Al\1ENDMENT) ACT, 2015
A Bill
For
An Act to amend the Electoral Act No.6, 2010 to provide for tenure of office of Secretary, power to issue duplicate voter's card, determine voting procedure; and for related matters.
Commencement
ENACTED by the National Assembly of the Federal Republic of Nigeria:
1. The Electoral Act No.6, 2010 in this Act referred to as the Principal Act is amended as set out in this Act.
Amendment of Act No.6, 20]0
2. Section 8 (l ) of the Principal Act is amended by inserting after paragraph (b), a new paragraph "( c)":
Amendment of section 8 (I)
"( C) hold office for a period of 4 years from the date of his appointment which may be renewable for another period of 4 years only".
3. Section 13 (2) of the Principal Act is amended by: Amendment of section J3 (2)
(a) inserting after the word "by" in line 2, the words "3 copy of'; and
(b) substituting the figure "30" in line 2, the figure "60".
4. Section 18 (1) and (3) of the Principal Act is amended by Amcndmcnt ofsccuon I~ substituting fa) the expression" "thirty (30)'" in line 2, the expression "sixty (60)".
5. Section 26 of the Principal Act is amended by- Amendment of section 2(,
(a) inserting a new subsection "( 1r: "( J ) in the event of an emergency affecting an
election, the Independent National Electoral
Commission shall. as far as possible, ensure that persons displaced as a result of the cl11er~enc) are not disenfranchised":
(b) renumbering the existing section 26 appropriately: and
(c) substituting for the marginal note, a new "marginal note"; "Conduct and Postponement of Election 111 Emergency"
6. Section 28 (1) ofthe Principal Act is amended by substituting for Amendment of section 28 the words, "the High Court" in line 2, the words, "any court of (J) law or Commissioner for Oaths".
7. Section 29 of the Principal Act is amended by inserting after Amendment Or section 29 subsection (2), a new subsection "(3 r:
"(3) Notwithstanding the provisions of any other law and for purposes of securing the vote, the Commission shall be responsible for requesting for the deployment of relevant security personnel necessary for elections or registration of voters and shall assign them in the manner determined by the Commission in consultation with the relevant security agencies:
PROVIDED that the Commission shall only request for the deployment of the Nigerian Armed Forces only for the purposes of securing the distribution and delivery of election materials and protection of election officials."
8. Substitute for section 45( 1) of the Principal Act, a new section 45 "(1 )":
Substitution rOJ secuon 45 (I)
"0) Each political party may, by notice in writing addressed to the Electoral Officer of the Local Government Area or Area Council. appoint a polling agent for each polling unit and collation centre in the Local Government Area or Area Council for which it has a candidate and the notice, which sets out the name and address of the po 11ing agent. shall be accompanied by two passport photographs of each polling agent and sample signature of the polling agent and be given to the Electoral ()fficer at least 14 davs 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 election. "
9. Section 52 of the Principal Act is amended by substituting for Amendment of section 52 subsection (2), a new subsection "(2)":
"(2) Voting at an election under this Act shall be in accordance with the procedure determined by the Independent National Electoral Commission".
10. Substitute for section 65 of the Principal Act a new section "65": Substitution for section 65
'Post-election orocedure and collation of election results
65. After the recording and announcement of the result, the presiding officer shall deliver same along with election materials under security and accompanied by the candidates or their polling agents, where available, to such person as may be prescribed by the Commission."
11. Section 77 of the Principal Act is amended by substituting for Amendmentofsection77 subsection (1), a new subsection "(1 )":
"(1) The Resident Electoral Commissioner, in a State where an election is conducted, shall, within 14 days after an application is made to him by any of the parties to an election petition, cause a certified true copy of such document to be issued to the said party".
12. Section 94 of the Principal Act is amended by inserting after Amendment of section 94 subsection (3), new subsections "(4)" and "(5)":
"(4) Notwithstanding any provision in the Police Act, the Public Order Act and any regulation made thereunder or any other law to the contrary, the role of the Nigeria Police Force in political rallies, processions and meetings shall be limited to the provision of adequate security as provided in subsection (1) of this section.
(5) For the avoidance of doubt, no registered political party in Nigeria, its aspirants or candidate shall be prevented from holding rallies, processions or meetings at any time for their constitutional political purposes, and the Police shall, in a consultative manner, resolve any conflict of time and venue between and amongst parties where such arises."
13. Section III of the Principal Act is amended, in subsections (3), Amendment of section 111 (6) and (7), by substituting for the figure "7", the figure "14",
14. Insert after section 115, new sections "lISA -115B": Insertion of new sections "115A-115B"
"Permanent incapacity of Chairman or V ice- Chairman of an Area Council
115A (1) The Chairman or Vice-Chairman of an Area Council shall cease to hold office if-
(a) by resolution passed by two-thirds majority of all members of the Executive Council of the Area Council, it is declared that the Chairman or Vice-Chairman is incapable of discharging the functions of his office; and
(b) the declaration in paragraph (a) of this subsection is verified after such medical examination panel established under subsection (4) of this section in its report to the Speaker ofthe Area Legislative Council.
(2) Where the medical panel certifies in its report that, in its opinion, the Chairman or Vice-Chairman is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice signed by the Speaker of the Area Legislative Council shall be published in the Official Gazette of the Area Council.
(3) The Chairman or Vice-Chairman shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.
(4) The medical panel to which this section relates shall be appointed by the Speaker of the Area Legislative Council and shall consist of five medical practitioners in Nigeria -
Discharge of functions of Chairman or Vice -Chairrnan of an Area Council
(a) one of whom shall be the personal physician of the holder of the office concerned; and
(b) four other medical practitioners who have, in the opinion of the Speaker of the Area Legislative Council, attained a high degree of eminence in the field of medicine relative to the nature of examination to be conducted in accordance with the provisions of this section.
(5) In this section, the reference to "Executive Council of the Area Council" is a reference to the body of supervisory councilors of the Area Council, established by the Chairman and charged with such responsibility for the functions of government as the Chairman may direct.
115B (1) The Vice-Chairman of an Area Council shall hold the office of the Chairman of the Area Council if the office of the Chairman becomes vacant by reason of death, resignation, permanent incapacity or removal of the Chairman from office for any other reason in accordance with section 115 or 116 of this Act.
(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-Chairman of the Area Council is also vacant, the Speaker of the Area Legislative Council shall hold office of the Chairman of the Area Council for a period of not less than three months, during which there shall be an election of a new Chairman of the Area Council who shall hold office for the unexpired term of office of the last holder of the office.
(3) Where the office of the Vice-Chairman becomes vacant-
(a) by reason of death, resignation, permanent incapacity or removal in accordance with section 115 or 116 of this Act,
(b) by his assumption of the office of Chairman of an Area Council in accordance with subsection (1) of this section, or
(c) for an: reason.
the Chairman shall nominate and. with the approval of the legislative arm of the Area Council. appoint a new Vice-Chairman ."
15. Section 123 of the Principal AC1 is amended by inserting after Amendment otscction 123 subsection (3). a new subsection "(3Ar:
"(3A) Any Polling Officer, Political Party or Party Agent \v110 conspires to make false declaration of result of an ejection commits an offence and is liable on conviction 10 a maximum fine of W500JJOO:00 or 12 months imprisonment or both."
16. Section 133 (3 J of the Principal Act is amended, in paragraph (a) Amendment of section 133 by substituting the figure. '"]4", the figure, "30". (3)
17. Section 135 of the Principal Act is amended by inserting new Amendment ofsection 135 subsections "(4)" and "'(5)":
"(4) The Chairman and other members of the Area Council Election Tribunal shall be appointed by the Chief Judge of the High Court of the Federal Capital Territory, Ahuja.
(5) The Area Council Ejection Tribunal shall -
(a) be constituted not later than 21 days before the election: and
(b) when constit uied. open their registri es for business not later than 8 days before the election."
18. Section 136 of the Principal Act IS amended by inserting new Amendment of section 136 subsecti ons .,( 5)"' .:: ( (,)" and "(7)":
"(5) The Chairman and other members of the Area Council Election Appeal Tribunal shall be appointed by the Chief Judge of the High Court of the Federal Capital Territory. Ahuja.
(6) The Area Council Election Appeal Tribunal shall-
(a) be constituted not later than 14 days before the
election: and
(b) when constituted. open their registries for business not later than 30 days after the election.
(7) The guorum of the Area Council Election Appeal Tribunal when hearing any appeal from decisions of the Area Council Election Tribunal shall be all three members of the Appeal Tribunal."
19. Section ]38 (J) is amended by inserting a new paragraph "( e)";
"Ce) that the person whose election is questioned had submitted to the Commission affidavit containing false information of a fundamental nature in aid of his gualification for the election."
20. Paragraph 5] of the First Schedule to the Principal Act IS amended by deleting subparagraphs "(l )" and "(2)".
21. This Act may be cited as the Electoral (Amendment) Act, 2015
Amendment of sccnon 138 (I)
Amendment of paragraph 51 to the First Schedule
Citation
I, CERTIFY, IN ACCORDANCE WITH SECTION 2 (1) OF THE ACTS AUTHENTICATION ACT CAP. A2, LA "IS OF THE FEDERATION OF NIGERIA 2004, THAT THIS IS A TRUE COPY OF THIS BILL PASSED BY BOTH HOUSES OF THE NATIONAL ASSEMBLY.
SALISU ABUBAKAR MAIKASUWA, ~ON, mni CLER~ THE NATIONAL ASSEMBLY
0+DAY OF MARCH, 2015
Schedule to Electoral (Amendment) Bill, 2015
SUMMARY-O-F-T-H-E--------.-D--A-,-- '-r-E--,,-P-ASSED I DATE PASSED CONTENTS OF THE BILL BY THE SENATE THE HOUSE 0
REPRESENTK------------t---------------+---------------:--t--'tl1'---------+----=------- Electoral An Act to amend the Electoral Act This Bill further amends the 10t1 March, 2015 51 March, 2015
(Amendment) Bill, No.6, 2010 to provide for tenure Electoral Act, 2010 to, among other 2015 of office of Secretary, power to things, provide for the tenure of I
issue duplicate voter's card, office of the Secretary, increase the I determine voting procedure; and number of days for application for i for related matters. and issuance of duplicate voter's \
card, determine voting procedure as well as addressing other relat~d I issues to facilitate electioneering in Nigeria.
~.--- -L ~__________ _ .
SHORT TITLE OF THE BILL
LONG TITLE OF THE BILL
I \
I I I
1certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be true and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap. A2, Laws of the Federation of Nigeria, 2004.
SALISU lVJAIKASUWA, OON mni ~rk to the National Assembly
~Day of March, 2015
I ASSENT
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