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ELECTORAL ACT, \2006
ARRANGEMENT OF SECTIONS
SECTION
PART I-LEGAL STATUS AND ESTABLISHMENT OF INDEPENDENT NATIONAL ELECTORAL COMMISSION FUND ETC.
1. The Independent National Electoral Commission. 2. Functions of the Commission. 3. Establishment of the Independent National Electoral Commission Fund. 4. Maintenance of Separate Fund by the Commission. S. Expenditure of the Commission. 6. Annual Estimates and Accounts. 7. Establishment of Office in each State and FCT. 8. Committees of theCommiseierr,
PART II-STAFF OF THE COMMISSION
9. Secretary to the Commission
P,\RT IIJ-N MIONAL REGISTER OF VOTERS ANDVOTERS' REGISTRATION
10. National Register of Voters and Voters' Registration. 11. Continuous Registration. 12. Appointment of Officers. 13. Qualification for Registration. 14. Transfer of Registered Voters. 15. Demand for information regarding.Registration. 16. Power to print and issue register of Voters. 17. Power to print and issue voters' Cards. 18. Custody of the voters' Register. 19. Power to issue duplicate voters' Cards. 20. Display of the copies of the voters' List. 21. Time for publication of supplementary voter's Register, 22. Revision officer for hearing of claims, etc. 23. Proprietary rights in the voters' card. 24. Offences of buying andseJling voters' cards. 2S. Offences relating to registration of Voters.
PARTIV -PROCEDURE ATELECTION 26. Day of Elections. 27. Postponement of Election. 28. Announcement of election results.
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29. Oath of Neutrality by election officers. 30. Appointment of other officers for the conduct of registration of voters and
elections. 31. Notice of election. 32. Submission of list of candidates and their affidavits by political parties: 33. Prohibition of double nomination. 34. Political Parties changing candidates. 35. Publication of nominations. 36. Withdrawal of candidate. 37. Death of a candidate. 38. Invalidity of multiple nomination, 39. Failure of Nomination: 40. Contested Election: 41. When poll is required. 42. Uncontested Election. 43. Establishment of polling stations. 44. Ballot Boxes. 45. Format of ballot papers. 46. Polling Agents. 47. Notice of Pol!. 48. Hour of Pol!. 49. Display of Ballot boxes. 50. Issue of Ballot Papers. 51. Right to challenge issue of Ballot Paper. 52. Separate queues for men and women. 53. Conduct of Poll by Open Secret Ballot. 54. Over voting. 55. Ballot not to be marked by voter for identification. 56. Accidental destruction or marking of Ballot Papers. 57. Blind and incapacitated voters. 58. Personal attendance. 59. Voting at appropriate Polling Station. 60. Impersonation by Applicant for ballot paper. 61. Tendered Ballot Paper. 62. Conduct at Polling Stations. 63. Closing of Pol!. 64. Counting of votes and forms. 65. Recount. 66. Post -election procedure and collation of election results. 67. Rejection of Ballot Paper without official mark. 68. Endorsement on Rejected Ballot Paper without official mark. 69. Decision ofRetuming Officer on Ballot Paper. 70. Declaration of Result. 71. Equality of votes. 72. Posting of Results. 73. Custody of documents.
Electoral Act 2006 No.2 A 23
74. Step by step recording of poll. 75. Result fOnTISto be signed and counter-signed. 76. Certificate ofRetum at Election. 77. Forms-for use at Election.
PART V-POLITIC AL PARTIES
78. Powers of the Commission to register Political Parties. 79. Decision of the Commission subject to judicial review. 80. Political Parties to be bodies corporate. 81. Contravention of Section 227 of the 1999 Constitution. 82. Symbols of Political Parties. 83. Allocation of Symbols. 84. Merger of Political Parties. 85. Notice of Convention, Congress, etc. 86. Monitoring of Po titical Parties. 87. Offences in relation to finances of a Political Party. 88. Period to be covered by Annual Statement. 89. Statement as to election expenses. 90. Grants to Political Parties for election. 91. Annual grants to political parties for their operations. 92. Power to limit contribution to a Political Party. 93. Limitation on election expenses. ~ '.. 94. Election expenses of political parties .. : 95. Disclosure by political parties, %. Conduct at political rallies, and processions, etc. 97. Prohibition of certain conducts, etc. at Political Campaigns. 98. Prohibition of use offorce or violence during political campaign. 99. Effect on elected officer where political party ceases to exist. 100. Existing political parties. 101. Limitation on political broadcast and campaign by poLitical parties. 102. Limitation on Political Broadcast-and Campaign by any other person. 103. Campaign for election. 104 Prohibition of Broadcast, etc. 24 hours preceding or on polling day. 105. Campaign based on religion, tribe, etc.
PART VI-PROCEDURE FOR ELECTION TO LOCAL GOVERNMENT
106. Power of the Commission. 107. Election to offices ofChairrnan, Vice-Chairman and Councillors. 108. Division of Local GovemrnentArea and Area Council into Registration Area. 109. Qualification. 110. Disqualification. 111. Date of Area Council Elections and method of voting. 112. Procedure for Area Council Elections. 113. Procedure for Nomination, etc. 114. Election of Area Council Chairman. .•• 115. Death of Chairman before Oath of office. 116. Dissolution of Area Council.
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117. Vacation of seat of members. 118. Removal of Chairman or Vice-Chairman. 119. Recall.
P ARl' VII-PROCEDURE FOR LocAL GOVERNMENT COUNCIL ELECTIONS
120. Voting by Open secret ballot. IiI. 'Procedure for Local Government Elections. 122. Procedure for Nomination, etc. 123. Election of Chairman.
PART VIII-ELECTORAL OFFENCES
124. Offences in relation to registration, etc. 125. Offences in respect of nomination, etc. 126. Disprderly behaviour at political meetings. 127. Improper use of voters card. 128. Improper use of vehicles. 129. Impersonation and voting when not qualified. 130. Dereliction of duty. 131. Briberyand conspiracy, 132. Requirement of secrecy.in voting. 133. Wrongful voting and false statements. 134. Voting by unregistered person. 135. Disorderly conduct at elections. 136. Offences on election day. 137. Treating. 138. Undue influence. 139. Offences relating to Recall.
PART IX-DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS
140. Proceedings to question an Election. 141. Time for presenting Election Petition. 142. Establishment of Asea Council Election Tribunal. 143. Establishment of Area Council Election Appeal Tribunal. 144. Persons entitled to present Election Petitions. 145. Grounds ofpetition. 146. Certain defects not to invalidate election. 147. Nullification of election by-Tribunal or Court. 148. Accelerated hearing of election petitions. 149. Person elected to remain in office pending determination of appeal. 150. Legal Representation of Commission, etc. 151. Rules of Procedure for election petition First Schedule.
PART X-MIscELLANEOUS
152. Persons disqualified from acting as election officers. 153. Conduct ofReferendumlPlebiscite for State creation. 154. Loss of registration card. 155. Election Expenses by the Commission.
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Electoral Act 2006 No.2 A 25
156. Secrecy of Ballot. 157. Prosecution of Offence disclosed in Election Petition. 158. Trial of offences. 159. Inspection of documeras. 160. Delegation of Powers of the Commission. 161. Regulations. 162. Civic Education by the Commission. 163. Validation. 164. Interpretation. 165. Repeal of Electoral Act 2002, INEC Establishment Act No. 17, 1988, etc. 166. Citation.
~:-nEcroRALACf,2~
2006 ACT No.2
AN ACTTOEsrABUSHTHEINDEPENDENTNATIONALELECTORALCOMMISSION,R.BGULATE THECONDUCTOFFEDERAL,STATE,ANDAREACOUNCILELECTIONS.ANDTO.REPEALTHE
ELECTORALACT 2002 ; ANDFORRELATEDMATTERS
[ 6th June, 2006 ]
ENACTEDby the National Assembly of the Federal Republic of Nigeria :
PARTI-EsrABus!lMEN1' ANDFUNCTIONSETC.OF INDEPENDENTNATIONALElECTORALCoMMISSION
\. '... ~ . , 1. The Independent National Electoral Commission as established by Section
153 of the 1999 Constitution oftbe Federal Republic of Nigeria shall be a body corporate with perpetual succession and may sue and be sued in its corporate name.
.2. In addition to the functions. conferred on it by the 1999 Constitution, the qommission shall have power to :
(a) conduct voter and civic education; (b) promote knowledge of sourid democratic election processes ; and (e) conductany referendum required to be conducted pursuant to the provision
of the 1999 Constitution or any other law or Act of the National Assembly.
3.-( I) There is established for the Commission' a fund to be known as Independent National Electoral Commission Fund ..
'\ r (2)There shan be paid into the Fund established under subsectiOn (1) of this
Section: (a) such SUIl1I and Pa)'JDICDtsavailable to the CommissiQD foJ.:carrying out its
fun&:ti- and pmpoaes under the CoDStitutiOD and this AC(t and all other assets from time to time aCC1'1liaJto the Commission ;
(b-) such sums as may, fuml time to time, be credited to the Fund by way ot interest trom investments- made from the Fund ; and:
(c) aids, grants that may from time to time accrue to the Commission in order to carry out its functions,
(3)DisbJu'sements from the Fund shall be made in accordance with rules established by the CoJomiS$ion.
4.-(1) The Commission shall establish aDdmaintain a separate fund from which there shall be defrayed all expenditure incurred by the Commission except such expenditure as may;be incUaed by it un4er Section 5 of this Act.
(2)There shall be paid and credited to the Fund established Ul'ider sub*tion (1) of this Section, sucppayments ~ may be made to it by the FederalG9ve~t for the
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Commence- ment.
The Independent National Electoral Commission .
Functions of the Commission.
Establishment of the Independent . National '. Electoral Commission Flmd.
Maintenance ofsepll'ate . tqnd by the Commission.
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Expenditure )1' the .omrmssion.
\nnual ~stimales ~d .ccounts,
::stablishment of office in -ach Stale md Federal :'apital rerritory.
Committees )f the 'ornmission.
running expenses of the Commission 'and all other assetS from time totime accruing to the Commission otherwise than in pursuance of Section 5 of this Act.
5. The Commission may, from time to time, apply the proceeds of the Fund established under Section 3 (1) of this Act: -
(a) to defray the cost of administration of the Commission ; .
(b) for reimbursing 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}to 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 no payment of any kind under this paragraph (except such as may be expressly authorized as aforesaid) shall be made to any person who in receipt of emoluments from the Government of the Federation or the Government ofa State ;
(d) for the maintenaqce of any property vested in the Commission ; and
(e) for and in connection with all or any of its functions under this Act.
6.-(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 in respect of each financial year (and proper records in relation thereto) 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. .
7.-(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 ~o time, by the Commission.
(2) A person appointed to the office of a Resident Electoral Commissioner shall :
(a) belanswerable to the Commission; and
(b) hold office for a period of five years. (3~The Resident Electoral Commissioner appointed under the 1999 Constitution
may only be removedby the President, Commander-in-Chief of the Armed Forces of the Federation acting on an address supported by 2/3 majority of the Senate praying that he be so rem~ved for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.
8.-{1) The Commission may appoint one or more committees to carry out any of its functions under this Act.
(2) A Committee, appointed under subsection (1) shall consist of such number 'of persons as may be determined by the Commission.
Electoral Act 2006 No.2 A 29
PART II-STAFF OF THE COMMISSION
9.-{ 1)There shall be a Secretary to the Commission who shall-
(a) be appointed by the Commission ;
(b) have ~ch qualifications and experience to be determined by the Commission as are appropriate for a person requiredfo perform the functions of his office under this Act.
(2) Subject to the general ditedlrrfyhe Commission, the Secretary shall be :
(a) responsible for keeping of proper records of the proceedings of the Commission ;
Sec retary to the Commission.
(b},the head of the Commission's secretariat and be responsible for the administration thereof ; 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 itsstaff as may be prescribed by this Act or any other enactment or law.
- (4) AU fmployees of the Commission appointed under subsection (3) of this Section excluding such as are 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 ANOYOTERS' REGISTRATION
No. 2.2004.
lO.-{I) The Commission 511a1lcompile.maintain, and update on a continuous National basis, a National Register of Voters, in this Act referred to as the "Register of Voters" Register of which shall include the names of all persons entitled to vote in any Federal, State, . Voters and .
Voters' Local Government or Area Council Elections. ' . Rcgistratipn.
(2)The Commission shall maintain as part of the National Register of Voters. a register of voters for each Stste of the Federation and f.orthe Federal Capital Terntory.
(3)The Commission shall main1ltft U part oCtile Register of Voters for each State and theF~l C.pital Territory. 'a Register of Voters for eachLocaJ Government and Area Council within the Sta~ and the Federal Capital Territory.
{4}The Register 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 shan stop not later than 120 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.
ll.-{ 1)Without prejudiceto Section l0(5)•..there shall be continuous r.egjs~tion of all persons qualified to be registered voters. .
(2) Each applicant for registration unckr'the continuous r~gistration system shall appear in person at the regil.'1ration venu~ with any pfthe fo1!.0wingdoc~nts.
Conunuous registration.
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Appoint- ment of officers,
Qual i fication for registration,
namely: birth or baptismal certificate, Nationai passport or identity card or drive~'s license or any other document that will prove the iqentity, age and nationality of the applicant." '
(3) The Commission shall within sixty days after each year make available to every political party, the names. and address of each person registered during that year.
(4) When 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 fer those el~ctron.s,and in the case of every by-election conducted under ~is Act, the offlciafvoters' register for use at such elections shall be ijJe existing curr~nt register relating to the Senatorial district or the constituency concerned. /'
(5) 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 officia! register of voters for the purposes of any election conducted under this Act and supercedes all ~revious registers. ' '
12.-(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 ~riyofficer during the registration or updating exercise and failure to raise such objecHon.shall not vitiate the Register.
I
(3) The Officers appointed under subsection (1) of this Section shall exercise such functions and duties as may be specified by the Commission, in accordance with the provisions of this Act, and they shall not be subject to the direction or control of any person or authority other than the Commission in the performance of their functions and duties.
13.-(1) A person shall be qualified for registration as a voter if such a person:
(a) is a citizen of Nigeria ; (b) has attained the age of eighteen years (c) is ordinarily resident, works in, 'originates from the Local Government or
, Area Councilor Ward coveredby 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 regulations
in force in Nigeria.
(2)No person shall register in more than one-registration centre or register more than once in the same registration centre.
(3)Any person who contravenes the provisions of subsection (2) of this Section commits an offence and is liable on conviction to a fine not exceeding NI00,000 or imprisomnent for a term not exceeding one year or both. .
Electoral Act 2006 No.2 A31
14.-( l) A person who before the election is resident in & constituency other than the one in which he was registered may apply to the Resident Electoral Commissioner of theState where he is currently resident for his name to be entered on the Transferred Voters List for the constituency.
(2)An application under subsection (1) of this Section shall be accompanied by the applicant's voters', card and be made not less than 3Q 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 ifhe 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 station or a polling area in his Constituency and indicate in the list the Polling area or polling station to which that person is assigned ;
(b) issue the person with a new voters' card; and
(c) send a copy of the entry to the Electoral Officer of the constituency where the person whose name has been so entered was originally registered and upon receipt of this entry, that Electoral Officer shall delete the name from his voters' list.
15. 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.
16. The Commission shall cause a voters' register for each State to be printed, Power to and any person or political party may obtain from the Commission, on payment of print and
. . issue register such charges a certified copy of any voters' register forthe State or for a Local of voters. Government or Area Council or Registration Area within it.
17. -( l) The Commission shall design, print and control the issuance of voters ' cards to voters whose names appear in t9t Register. .
(2)No voter shall hold more than!~ne;valid voter's card. I
(3) Any person who contravenes subsection (2) of this Section commits an offence and is liable on conviction, to a fine not exceedingWlOO,OOOor imprisonment, not exceeding one year or both.
Transfer of registered voters.
Demand for mtorrnauon regarding registration.
Power to print and issue voters' cards.
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Custody of voter's register.
Power to issue duplicate voter's cards.
-Display of the copies of the voter's list.
Time for publications of supple- mentary voter's register.
(4)The Commission may, whenever it considers it necessary, replace all or any voters' cards for the time being held by voters.
18. Each electoral officer shall take custody of voters register for his Local Gbvernment Area under the general supervision of the Resident Electoral Commission.
19.-{1) Whenever a Voter's card is lost, destroyed, defaced, tom or otherwise damaged, the 'voter shall, at least thirty (30) days before polling day, apply in person to the Electoral Officer or any other officer duly authorized for thht purpose by the Resident Electoral Commissioner, stating the circumstances ofthe loss, destruction, defacement or damage.
(2) lfthe Electoral Officer or any other officer is satisfied as to the circumstances of the loss, destruction, defacement or damage of the Voter's card, he shall issue to the voter another copy of the voter's original voter's card with the word "DUPLICATE" clearly marked or printed on it, showing _thedate of issue.
(3)No person shall issue a duplicate voter's card to any voter on polling day or within 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 "200,000 or imprisonment- not exceeding two years or both.
20.-{ 1)Subjectto the provisions of Section 1( (1) of this Act, the Commission shall, by notice appoint a period of not less than 5 Qays and not exceeding 14 days, during which a copy of the voters' register for each Local Government and 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 Supplementary Voter's list under this Act, an~ person may:
(a) Raise an objection qp t~e form prescribed by the Commission against the inclusion in the Supplementary Voters' register ofthe name of a person on grounds that the person is mot qualified to be registered as a voter in the State, Local Government and A.re~;(:;ouncil, Ward or Registration Area or that the name of a deceased person is jri'cluded in the register ; or
(b)Make a claim on the form prescribed by the Commission that the name ofa 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 ofthe Local Government or Area Council.
21. Not later than 60 days before a general election, the Supplementary voters' list shall be integrated with the voters' register and published.
Electoral Act 2006 No.2. . ASl
(3) For the purpose of subsection (2) ofthis Section, a person shall be deemed to be acting-in pursuance of a lawful dury if he is acting in his capacity as a police officer or as a member 0f a security agency authorized to carry arms and is specifically posted to be present at that political rally or procession.
97.-( 1) No political campaign or slogan shall be tainted with abusive language directly or indirectly likely to injure religious, ethnic, tribal or Sectional feelings.
(2) Abusive, intemperate, slanderous or base language or insinuations or innuendoes designed or likely to provoke violent reaction or emotions shall not be employed or used in political campaigns.
(3) Places 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 or their progranunes
or ideologies.
(4)Masquerades shall not be employed or used by any political party, candidate or person during political campaigns or for any other political purpose,
(5)No political party ormember of a political party shall retain, organize, train ()r. 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 obj ective or interests, or in such manner as to arouse 'reasonable apprehension that they are organized, trained or equipped for that purpose,
(6)No political party, person or candidate shall keep or use private security organization.vanguard or any other group or individual by whatever name called for the purpose of providing security, assisting or aiding the political party or candidate in whatever manner during campaigns, tallies, processions or elections.
(7)A political party or person who contravenes any provision of this Section commits an offence and is liable on conviction :
(a) in the case of an individual, to a maximum fine of"50,000 orirpprisonment for the term of 6 months ; and
(b) in the case of a political party, to a fme of"500,00() in the first instance, and "1,000,000 for any subsequent offence,
98.-( I) No candidafe, person or group of persons shall directly or indirectly threaten any person with the use of force 01: 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) Any person or political party that contravenes the provisions of'this Section commits an offence and is liable on conviction:
(/I) in the case of an individual, to a maximum fine of "50,000 or imprisonment for a term of six months; and
(b) in the case of a political party, to a fine of ·"250,000 in the first instance, and N500,000 for any subsequent offence.
Prohibition of certain conducts, etc. at political campaigns,
Prohibition of use of force or violence during political campaign.
AS2 2006 No. 2 Electoral Act
Effect on elected officer where political party ceases to exist.
Existing political parties.
Limitation on political broadcast and campaign by political parties.
Limitation on Political broadcast and campaign by anyother person.
Campaign for election.
99. Where a political party ceases to exist in 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.
100. Any political party registered by the Commission in accordance with the provisions of any law in force immediately before the coming into force of the Constitution ofthe Federal Republic of Nigeria 1999 and this Act shall be deemed to have been duly registered under this Act.
101.-{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 particular candidate, commits an offence under this Act and is liable on conviction to a maximum fine of NSOO,OOO.
102.-{1) A government owned print or electronic medium shall give equal access on daily basis toall registered political parties or candidates of such political parties.
(2)A denial of such access and equal time constitute an offence punishable in the first instance with a maximum fine of N500,OOOand the withdrawal ofthe licence of the offending electronic media house by the National Broadcasting Commission for a period of 12 months on any subsequent violation.
(3) A person other than a political party of"a candidate who procures any material for publication for the purposes of promoting or opposing a particular political party or the election of a particular candidate over the radio, television, newspaper, magazine, handbills or. any print or electronic medium whatsoever called during 24JlOUfS immediatelypreceding or on polling day commits an offence and is liable on conviction to a maximum fine of N50,000 or imprisonment for six (6) months or to both.
1O~.-(I) A candidate and his party shall campaign for the elections in accordance with such rules and regillations as may be determined by the Commission.
(2) State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election.
(3)Media time shall be allocated equally among the political parties at similar hours of the day.
Electoral Act 2006 No.2 A53
(4) At any public electronic media, equal airtime shall be allotted to all politicaI parties during prime times at similar hours each day, subject to the payment of appropriate fees.
(5) At any public print media, equal coverage and conspicuity shall be' auotte~ . to all political parties.
(6) Any puplic media that contravenes subsections (3) and (4) of this Section commits an offerice and is liable on conviction to a maximum fine ofN500,000 in the first instance and to a maximum fine orN 1,000,000 for subsequent conviction,
104.~(l) A person, print or electronic medium who broadcasts, publishes, advertises or circulates any material for the purpose of promoting or opposing a particular political party or the election of a particular candidate over the radio, television, newspaper, magazine, handbills, or any print. or electronic media whatsoever called during twenty fourhours immediately preceding or on polling day commits ail 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 equally commits an.offence.under this Act.
(3) Where any person is convicted of an offence under-this Section is liable : \
(a)in the case of a bo~y corporate to a maximam fine ot;.N~OO,OOO; and (b) in the case of an individual to a maxirnumfine of N 100,000 or imprisonment
for 12 months.
105. Any candidate, person .or association who engages in campaigning or broadcasting based on religious, tribal, or Sectional Rias for the purpose of promoting
- or opposing a particular political party or the election ~fa particular candidate, commits an offence under this Act and is liable on conviction tb'a maximum fine ofNl 00,000 or imprisonment for twelve months or to both.
PART VI-PROCEDURE FdR ELECTION To AREA COUNCIL
1'1)6.-(1) The conduct ofelections into the offices of Chairman, Vice Chairman and a member of an ~ Council an;4.$e' recall. of a'member of an Area Council shall be under the directioa'and supervisiQtl of the Commission in acco«ll!llce with the provisions of this Act.
(2)The Register of Voters compiled and the polling units established by the Commission and any other regulations, guidelines, rules or manuals issued or made by the Commission shall be used for elections into the Area Councilor recall of a member.
107.--(1) There shall be elected for each A;eaCouncil in the Federal Capital Territory a Chairman and Vice-Chairman.
(2)There~hall bea councillor for each electoral ward in an area council of the Federal Capital Territory.
Prohibition of broadcast, ~tc. 24 hours preceding or on polling day.
Campaign based on religion, tribe. etc.
Power of the commission.
Election to offices of Chairman. Vice- Chairman. and Councillors
A54 2006 No. 2 Electoral Act
108.-{ 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 the provisions of subsection (1) of this Section to such extent as it may consider desirable in the light of the review.
(4)Notwithstanding the provisions of subsection (3) of this section, the Commission may, at aJ1Ytime, 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.
Qualification. 109. A person shall be qualified for election under this part of this Act ifhe : (a) is a citizen of Nigeria ;
(b) is registered as a voter ; (c) has attained the age of25 years 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.
Disqualifies- 11O.-{ 1) A person shall not be qualified to contest an Area Council election tion. under this Act if:
(a)subject to the provisions of Section 28 of the Constitution, he has voluntarily acquired the citizenship ofa 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 or a sentence of imprisonment or fme for an offence involving dishonesty or fraud (bywhatever name called) or any other offence imposed on him by such a court or tribunal constituted by a competent authority for any other sentence imposed on him by such a court or tribunal ;
(d)within a period ofless than ten years before the date of an election to the Area 'Council, he has been convicted and sentenced for an o~nce 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 ;
Division of Local Government Area and Area Council into Registration. Area.
Electoral Act 2006 No. 2 ASS
(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 da)'sbefore the date of election ; 'IAcandidate 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:
(a) he has a majority of the votes cast at the election; and
(0) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all thewards in the Area Council, as the case may be.
I . (3) If no candidate 'is duly elected under subsection (2) of this section, the
State Commission shall within 7 days conduct a second election between the two candidates, and the candidate who scored the majority of votes cast at the election shall be deemed duly elected at the election.
(4) A candidate for an election to the office ofChainnan shall be deemed to have been duly elected where, there being more than two candidates for the election :
(a) he has the highest number of votes cast at the election; and
Electoral Act 2006 No. 2 AS7
(b)he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all wards in the Area Council, as the case play be.
(5) If no candidate is duly elected in accordance with subsection f4) of this' section, there shall be a second election in accordance with subsection (6) of this section at which the only candidates shall be :
(a)the candidate who scored the highest number of votes at the election held under subsection (4) of this section; and
(b)one among the remaining candidates who has the majority of votes in the highest number of wards so however that where there are more than one candidate, the one among them with the highest total number of votes cast lit the election shall be the second candidate for the election.
(6) In default of a candidate duly elected under the foregoing subsections, the Commission shall within 7 days of the result of the election held under' the -said subsections arrange for another election between the two candidates and a candidate at such an election shall be deemed to have been duly elected to the office of a Chairman of the Area Council if he has:
(a)a majority of the votes cast at the election; and (b)not less than one-quarter of the votes cast at the election in each of at least
two-thirds of all the wards in the Area Council, as the case may be.
(7) If no candidate is duly elected under subsection (6) of this section, arrangements shall be made within '7 days of the result of the last election, for another election between the two -candidates specified in subsection (6} of this section, and a candidate at this last election shall be deemed duly elected to the office of Chairman of the Area Council if he scores a simple majority of votes cast at the election.
115.-(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 Vice-Chairman 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 Councillors 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 dies 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.
116.An Area Council shall stand dissolved at the expiration ofa period of three years commencing from the date:
(a)when the Chairman took the oath of office; or
(b)when the Legislative Arm of the (Council was inaugurated) whichever is earlier.
Death of Chairman before Oath of Office.
Dissolution or Area Council.
ASS 2006 No.2 Electoral Act Vacation of seat of members.
Removal of Chairman or Vice- Chairman.
117.-{ 1) A member of an Area Council shall vacate his seat in the Council: (a) on the date given in his letter of resignation ; or (b) ifhe takes up full time paid employment at any level of the Government or in
the private sector, (c) being a person whose election was sponsored by a political party, he resigns
from that party or becomes amember of another political party before the expiration of the period for which the Area Council was elected:
Provided that his membership ofthe latter political party is not as a result of a division in the political party of which he Was previously a.member or of a merger of two or more political parties or factions by one of which he' was previously sponsored ; or
(d) if he becomes a member of a secret society or does any ~her thing disqualifying him from holding the office of Chairman or Councillors under this Act; or
(e) if the Leader of the Area Legislative Council receives a certificate under the hand of the Commission stating that the provisions of Section ·118 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 ofthat member.
118.-{ 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 one-third of the members of the Area Legislative Council stating that the holder of the office of Chairman or Vice-Chairman is guilty of misconduct in the performance of the functions of his office, detailed particulars of which shall be specified 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 ofthe 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
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Electoral A~t 2006 No.2 A59
Capital Territory, Abuja, who shall appoint a Panel of seven persons who in the opinion of the Chief Judge are of unquestionable integrity not being members of:
(a) any public or civil service ; (b) a legislative house ; or (c) a political party to investigate the allegation as provided in this Section.
. (7) The holder of an office whose conduct is being investigated under this Section shall have the right to defend himself in person Orbe 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 holderof'the office has been proven, then within 14 days of the receipt of the report, the Area Legislative Council shall consider the report with the holder of the office being present ' at the meeting and ifby 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~e adoption of the report. .
Jl9. A member of an Area Council may be recalled as a memberif : Recall.
(a) there is presented to the Chairman of the Commission a petition in that 'behalf signed by not less than one-half of\the persons registered to vote in that member's constituency alleging their loss of confidence in that member ; and
(b) the petition is thereafter approved in' a referendum conducted by the Commission within 90 days of the date of the receipt of the petition by a simple majt,"rity of the votes of the persons registered to vote in that member's constituency.
PART VII-PROCEDURE FORLocAL GoVERNMENT COUNCIL ELECTIONS
120. Voting in Local Government Council Elections shall be by open-secret ballot.
Voting by Open Secrei Ballot.
Procedure fot Local Government Elections.
121. The procedure for filing nominations and the casting and counting of votes for Local Government Council elections shall be the same as is applicable to other elections under this Act.
122.-{1) If after the expiration of time for the delivery of'Nom'nation 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.
Procedure for Numination. etc.
A60 2006 No.2 Electoral Act
Election of Chairman.
(2) Ifafter 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 is duly nominated, a poll shall b~ 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 disqualification, withdrawal, incapacitation, disappearance, or death of the other candidates, !pe State Independent Electoral Commission shall extend the time for nomination by 7 days : PROVIDED that where after the extension only one candidate remains validly nominated, there shall be no 'further extension.
123.-( I) A candidate for an election to the Office of the 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 Loca(Government. .
(2) But where the only candidate fails to be elected in accordance with"this subsection then there shall be fresh nominations.
(3) A candidate for an election to the o.fice of the Chairman shall be deemed to have been elected where, there being only two candidates for the election:
(
(a) he has a majority of the votes cast at.the election; and (b) he has not less than-one-quarter of the votes cast at the election in each of
at least two-thirds of all the wards in the Local Government Council, as the case maybe.
(4) Ifno candidate is duly elected under subsection (3) of this Section, the State Independent Electoral Commission shall within 7 days conduct a second election between the two candidates, and the candidate who scored the majority of votes cast lit the election shall be deemed duly elected at the election.
(5) A candidate for an election to the office of the Chairman shall be deemed to· have been duly elected where, there being more than two candidates for the election:
(a) he has the highest number of votes cast at flie election; and
(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all wards in the Local Government, as the case may be.
(6) If no candidate is duly elected in accordance with subsection (5) of this Section, there shall be a second election in accordance with subsection (7) 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 (5) of this section ; and
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Elec,toral Aft (
2006 No.2 A61
(b) one among the remaining candidates who has the majority of votes in the highest number of wards so however that vdlere there are more than one candidate, the one among them with the highest total number of votes cast at the election shall be the second candidate for the election.
(7) In default of a candidate duly elected under this section, the State Independent Electoral Commission shall within 7 days of the result of the election held under the said subsections arrange for another election between the candidates and a.candidate at such an election shall be deemed to have been dilly elected to the office of a Chairman of a Local Government ifhe has:
(a) a majority of the votes cast at the election ; and . (b) not less than one-quarter of the votes cast at the election in each of at.least .
two-thirds of all the wards in the Local GoverninentArea.
(8) If no candidate is 'duly elected under subsection (7) of this section, arrangements shall be made within 7 days of the result of the last election, for another election between the two candidates specified in subsection (7) of this section, and a candidate at this last election shall be deemed duly elected to the office of Chairman of a Local Government ifhe scores a simple majority of votes cast at the election.
PARTVIII-ELECTORAL OFFENCES-
124. Any person who:
(a) without authority, destroys, mutilates, defaces or removes or thakes 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 ~me or with reference to any objection to the retention of the name of a person in the register of voters,
Jc) presents hirnsdlto be or does any act whereby he is by whatever name or descriptiC)n howsoever, included in the register of voters for a constituency i~ which he is D9t entitled 10be registered or QUJes himself to be registered in more than ~.~ or ~ion centre,. . . {d) publishes any1statemt:nt or J"epQIt which be knows to be-false or does DOl
believe to 1;Ie. true s~s t(t prevent persons woo are qualified to register/rom 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 ~ hue, .
(f) impedes or. obstructs a registration officer or a revision officer in the '. -performance ~fhis duties
(g)without proper authority, ~ tmtidentifie" posted on the Tribunal notice board and that shall be sufficient notice of service of the document on the respondent.
(2) The non-filing 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 ~ twenty- one (21) days from the receipt of the election petition.
Notke ofj\ppearance 11:The Secretaryshall 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 12.-(1) The respondent shall, within fourteen (14) days of entering an
appearance file in the Registry his reply, specifying in it which of the facts alleged in the eleetion 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 respoadeat-inan election petition, complaiaing ofanundue return and claiming the-seat or office for a petitioner intends to prove tbat 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.
(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 service on the other parties to the election petition with ten (10) extra copies of the reply to be preserved by the Secretary, arid pay the fees for service as may be prescribed -or directed/by the Secretary, and in default of leaving the required copies ofthe 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 13. The Secretary shall oause a copy of the reply to be served on-each of the
other parties to the election petition.
Amendment of Election Petition and Reply 14.-(1) Subject to subparagraph (2) of this paragraph, the provisions of the
Civil Procedure Rules re lating to amendment of pleadings Shllll 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 for the words "the election petition or reply".
A82 2006 No. 2 Electoral Act
(2) After the expiration of the time limited by:
(a) Section 141 of this Act for-presenting the election petition, no amendment shall be made :
(i) introducing any of the requirements of subparagraph (I) 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 he done under the provisions of subparagraph (3) of this paragraph, effecting a substantial alteration of or addition to, the statement off acts relied on to support the grqundfor, or sustain the prayer in the election petition ; and
(b) paragraph 12 of the Schedule for filing the reply, nc-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 the provisions of subparagraph (3) 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 ofVotesRejected . 15. 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 returned at the election shallsetout 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 16.-{ I} If a person inhis reply to the election petition raises new issues of facts
in defence of bis 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 atthis 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 ofthis Schedule.
(2) The time limited by subparagraph (1) ofthis paragraph shall not be extended.
•
Further Particulars or directive 17.-(1) 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 ofthe reply, apply to the Tribunal or Court
Electoral Act 2006 No. 2 I A83
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) Ifa party does not apply as provided in subparagraph (1) of this paragraph, he Shil be taken to require no further particulars or other directions and the party shall be b e,d from so applyingafter the period laid down in subparagraph (1) of this pa~ aph has lapsed. '
(3) Supply of further particulars under this paragraph shall not entitle the party to go beyond the ambil of supplying such further particulars as have been demanded bythe other party, and embark on undue amendment of, or additions to, his petition or reply, contrary to paragraph 14 of this Schedule.
Hearing of Petition to be in open Tribunal or Court 18. Every election petition shall be heard and determined in an open Tribuna\?~
Court. ",,,
Time and Place of Hearing Petition. \
19.-( 1) 'Subject to the provisions of subparagraph (2) of this ~aragraph, the time and place of the hearing of an election petition shall refixed by theTribunal or Court and notice of the time and place of the hearing, which may be as in Form TF. 005 set out in Schedule 2 of 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:
(i) the petitioner's address for service ; (ii) the respondent's addresses for service, if any ; or (iiI) the Resident Electoral Commissioner or the Commission as the case may
be.
(2) In fixing the place of hearing, the Tn'bunal or Q)urtsban have due regard to the proximity to and accessibility from the place where the election was held.. .~
Nodee ofBearftag 20. The ~flsidcnt Electoral Commissioner Of Commission .as the case may be
shall publi$hthc notiee of~ by causing a copy of the notice to be displayed in the pta.9Cwb.i.ch WII .ppojnted for the delivery of nomination papers prior to the electien or in some conSpicuous place or places within the constituency, but failure to do so or any miscarriage of the copy ofnotice of hearing shall not affect the proceedings if it does ,not occasion injustice agaiD$t any of the parties to the election petition.
Posting of Notice on Trlb~1 Notlee Board deemed to be Good Notiet 21., The posting of the notice of hearing on the Tribunal notice bbatd shaH ~
deemed, and taken. to be good notice, and the notice shall not be vitiated by 80:( miscarriage of the copy or ~~ies of the notice sent pursuant to paragraph 19 of this Schedule.
A84 2006 No. 2 Electoral Act Postponement of Hearing
22.-(1) The Tribunal or Court may, from time to time, by order mide 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 apptopriate having regard at all times to the need for speedy conelusion 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 Corlimissioner or the Commission who shall publish the order in th~manner provided in paragraph 200ftbis schedule for publishing the notice of hearing, but failure on the part of the Electoral Officer or Resident Electoral Commissioner or the Conunission to publish the copy of the order of postponement shall not affect the proceedings inany 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 ~ order or a notice of postponement as they do to the notice of hearing.
Non-Arrival of Chairman of Tribunal or Presiding Justice of Court /
23. lfthe 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 be by reason of that fact stand adjourned to the following.day and so from day to day.
H~aring Continues from Day to Day
24.-(1} No formal adjoummentofthe Tribunal or Court for the hearing of an . election petition sfiall 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 cir.cumstances 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 othenrise, the hearing may be recommended and concluded by another Chairman of the Tnbunal or Presiding Justice of the Court appointed by the appropriate authority.
Adjournment of Hearing
25.-( 1)After the hearing of an election petition has ~gun, if the inquiry cannot be continued on the ensuring day or, if that dayts a Sunday or a public holiday, on the day following the same, 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
aragraph (I) of this paragraph. the Tribunal or Court shall afford every person affected by the disputbin opportunity of being heard and shall make such order thereon 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:
(a) in the case of a party, at the address for service ;
(b) in the case of an application for payment, at the address given in his application, so however, that the provisions of this subparagraph shall not prelude 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.
Calling of Witnesses 40.-{ 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 recoveredin 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.
, I,! \\11" \\\1\ .\ , A90 2006 No.2 Electoral Act
Privileges of a Witness 41.-( I)A person called as a witness in proceedings in the Tribunal or l::ourt
shall not be excused from answering-a question relating to an offenceor 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.band of the Chairman of 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 'm 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 ofth"e certificate at or in relation to that election, the Tribunal or Court having cognizance of tile 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 proceedings.
Evidence of Respondent
42. At the hearing of an election petition complaining of an undue return and claiming the seat or office fora 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 ifhe were the person presenting the election petition complaining of the election.
Enlargement and Abridgement of Time
43.-(1) The Tribunal or Court shall have power, subject to the provisions. of Section 141of this Act and paragraph 14of this Schedule, to enlarge time for doing any act or taking any proceedings on such terms (if any) as.the justice of the case may 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 thereon 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.
,
, I
Electoral Act 20t6No.2
(~) An application for enlargement oftilne shall be made by motion after notice to the other party to the electionpetition 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 $hall be filed or delivered together with any document filed or delivered by virtue of the order.
Service of Notice 44.-( 1) Where a sununons, notice or document, other than a notice or doc~nt
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: .
(a) on the person appearing on the paper last filed on his behalf as his Solicitor wherever the person may be found or, if the person is net found at his office, on the clerk there apparently in charge; or . -. .
(b). on the person 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· ~
(i) the person there found apparently Incharge, if such address is a place !}f business, or· I
(ii) a person, other thana domestic servant, there found who is a resident of the address and appears to.be 18 years of age or m~re.
(3) A party may change his address for service by giving notice of his new address for service and its occupier jo 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 'Ornotice as the Tribunal or Coun-deems fit.
Two or more candidat~as respondents. 45. Two or more candidates may be made respondents topie same petition and
as the case may, for the sake of convenience be heard at 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 R~spondents.
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Atz 2006 No. 2 Electoral Act= CpnsoUdated Petitions
46. 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 in line against one or more of the petitions has been upheld by the-Tribunal or Court.
Electoral Officer, etc. as Respondents 47 .~1) Where an election petition 'complains of the conduct of an Electoral
Officer, a Presiding Officer, ReturningOfficer or any other official of the Cohuriission 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 tiberty 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 (I) of this paragraph the Government of the Federation shall indemnify: the Electoral