A23
ELECTORAL ACT, 2001
ARRANGEMENT OF SECTIONS
SECTIONS
, , NATIONAL REGISTER OF VOTERS AND VOTER'S REGISTRATION
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L National Register of Voters and Voter's Registration. 2. Qualification for Registration. 3. Transfer of Registered Voters. 4. Appointment of Officers. 5. Custody of the Voters Register. 6. Demand for Information regarding Registration. 7. Power to Print and Issue Voters' Cards. 8. Power to issue Duplicate Voters' Cards. 9. Power to print and issue Register of Voters. 10. Display of copies of Voters List. II. Revision officer for hearing of claims, etc. 12. .Proprietary Right in Voters' Card. 13. Offence of Buying and Selling voters' Cards. 14. Offences relating to Registration of Voters.
PART II - PROCEDURE AT ELECTION
Election Dates. Postponement of elections. Election to fill vacancy. Qualification to vote. Functions of the Chairman of the Commission and Resident Electoral Commissioner during the elections. Appointment of Presiding and Returning Officers. Appointment of Local Government Area Electoral Officers, and Oath of Loyalty by Election Officers. Appointment of other officers for the conduct of elections. Notice of Election. Designation of Public Building as Polling Stations. Submission of List of Candidates and their Affidavits by Political Parties, Prohibition of Double Nominations, etc. Candidates Changing Party. Publication of nomination. Withdrawal of Candidate. Death of a Candidate. Invalidity of Double Nomination. Failure of Nomination. Campaign for Election. Contested Election, When Poll is required.
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36. Uncontested Election. 37. Establishment of Polling Stations. 38. BallotBoxes. 39. Format of Ballot Paper. 40. Polling Agents. 41. Notice of Poll. 42. Hour of Poll. 43. Display of Ballot Boxes. 44. Issue of Ballot Papers. 45. Right to challenge issue of Ballot Paper. 46. Separate queues for men and women. 47. Conduct of Poll by open-secret ballot. 48. Over voting. 49. Ballot not to be marked by voter for identification. 50. Accidental destruction or marking ballot Papers. 51. Blind and incapacitated voters. 52. Personal attendance. 53. Voting at appropriate Polling "Station. 54. Impersonation by applicant for Ballot Paper. 55. Tendered Ballot Paper. 56. Conduct at Polling Stations. 57. Clesing of'polls. 58. Counting of votes and forms. 59. Recount. 60. Post-election procedure and collation of elections results. 61. Rejection of Ballot paper without official mark. 62. Endorsement on rejected Ballot Paper. 63. Decision of Returning Officer on Ballot Paper. 64. Declaration of Results. 65. Equality of votes. 66. Posting of Results. 67. Custody of documents. 68. Step by Step recording of Poll. 69. Result forms to be signed and counter-signed. 70. Certificate of Return at Election. 71. Recall. 72. Power to issue Guidelines on Recall. 73. Forms for use at Elections, etc.
PART IU- POLmCALPARTIES
74. PO""ers of the Commission to register Political parties. 75. Decision ofthe Commission subject to judicial review. 76. Political parties to be bodies corporate. 77. Particulars of registered Political Parties. 78. Constitution and manifesto of Political parties. 79. Membership of Political Parties.
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Electoral Act
Participation in Elections. Election of Executive Committee ofa Political Party ". Prohibition of quasi-Military Associations. Symbols of Political Parties. Allocation of symbols. Merger of political parties. Notice of convention, Congress, etc. Mon itoring of Political Parties. Declaration of Assets and Liabilities by Political Parties. Offences in relation to finances of a Political Party. Period to be covered by Annual Statement. Submission of audited accounts to the National Assembly. Statement as to Election Expenses. Grant to Political Parties for Elections. Annual Grants to political parties for their operations. Eligibility to receive grant. Power to limit contribution to a Political Party, Election expenses of Political Parties. Conduct of political rallies, and processing, etc. Prohibition of certain conducts, etc at political campaigns. Prohibition of corrupt practices. Prohibition of use of force or violence during political campaign. Conformity with the law. Effect on elected officer where politicalparty ceases to exist. Saving of existing political parties. Lim itation on political broadcasts and campaign by political parties. Limitation on political broadcasts and campaign by candidate. Limitation on political broadcasts and campaign by any other person. Prohibition of Broadcast, etc 24 hours preceding or on polling day. Campaign based on religion, tribe, etc.
PART IV -PROCEDURE FOR ELECTION TOLocALGoVERNMENT ]] O. Power of State Commission. Ill. Elections to offices of Chairman, Vice-Chairman, Councillor. 112. Division of Local Government Area and Area Council into Wards. I \3. Qualification. 114. Disqualification. 115. Date of Council Elections and method of voting. 116. Procedure for Local GovemmentElections. 117. Procedure for Nomination, etc. 118. Election of Chairman. 119. Dissolution of Local GovemmentiAreaCounciL 120. Vacation of seat of members. 121. Removal of Chairman or Vice Chairman. 122. Recall.
80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92- 93. 94. 95. 96. 97. 98. 99 . 100. 101. 102. 103. 104. 105. 106. 107. 108. 109.
2001 No.4 A2.5
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PA!l.TV - ELECTORAL GFFJlNCES
Offences in relation to registration; etc. Offences in respect of nominatjoncetc. Disorderly behaviour at political meetings, Improper use of Voters' Cards. Improper irseofvehicles. impersonation and voting when not qualified. DereIictionof duty. Bribetyand Conspiracy. Disqualification for certain corrupt practices. Requirement of secrecy in voting. Wrongful voting and false statements. Voting byunregistered person. Disorderly conduct at elections. Offences on Election Day. Treating. Undue influence. Offences Relating to Recall.
PARTVI - DETERMINATION OF ELECIlON PETITIONS ARISING FROM ELEcn6NS
140. Proceedings' to question an Election. 141. Original Jurisdiction of the Court of Appeal. 142. Establishment and Jurisdiction of Election Tribunals. 143. Composition of Election Tribunals. 144. Time for present Election Petition. 145. Persons entitled to present Election Petitions. 146. Grounds for Petitions. 147. Certain Defects not to invalidate elections. 148. Appeals over election Petitions. 149. Nullifications of election by Tribunal or Court. 150. Accelerated hearing of election Petitions. 15]. Person elected to remain in office pending determination of appeal. 152. Procedure for Election Petition Schedule I.
123. 124. 125. 126. 127. 128. 129. i30. 131. 132. 133. 134. 135. 136. 137. 138. 139.
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PART vn - MISCELLANEOUS r.53. Persons disqualified from acting as election officers. 154. Loss of registration Card. 155. Election Expenses by lhe Commission. 156. Secrecyofballet, 157. Prosecution of offences disclosed in Election Petition. 158. Trial of offences. ,1,59. Inspection of Documents. 160. Custody of documents. 161. Delegations of powers of the Commission. 162. Regulations. 163. Validation.
Electoral Act 2001. No.4 A27
164. Interpretation. 165. Repealof ElectoralAct 1982. 166. Citation.
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ELECfORALACf2001
2001 ACT No.4
ANACTTOREGULATETHECONDUCTOFFEDERAL,STATEANDLocALGOVERNMENT ELECTIONS:ANDOTHERMATTERSCONNECTED1HEREwnH
[6th December, 20011
ENACTEDby the National Assembly of the Federal Republic of Nigeria-
PART1
NATIONALREGISTEROFVOTERSANDVOTERS'REGISTRATION
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t.-{ I) The Commission shall compile, maintain and update, on a continuous basis, a National Voters' register (in this Act referred to as the "register of Voters") which shall include the names of all persons entitled to vote in any Federal, State, or Local Government Election.
(2) The Comrn ission shall maintain as part ofthe Register of Voters a Register for voters for each state of the Federation and the federal Capital Territory.
(3) The Commission shall maintain as part of the Register of voters for each State and Federal Capital Territory, a Register of Voters for each Local Government. area Council within the State and the Federal Capital Territory. .
(4) The Register shall contain in respect of every person the particulars required in Form EC IA in the Schedule to this Act including the principal name and such one or more further names by which a person is usually or may be known and his address which for the purposes of this Subsection may be the name of a village or in the case ofl! town, the name of the street, if the Commission thinks fit, but no person shall be registered under a principal name alone being a single name or without his address.
(5) The registration of voters and or the up-dating of the Register of Voters under this Section shall stop not later than 60 days before any election covered by this Act.
(6) At least 30 days before the commencement of the general registration exercise aforesaid, the Commission shall issue to all the Political Parties a booklet containing the full list of all the Registration Centre in the country.
(7) Every political party shall have the right to send up to two representatives or agents to each Registration Centre to observe the registration exercises.
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Commence- ment ..
National register of voters' and voters registration.
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Qual itlcation for registration.
Transfer of registered voters.
Appointment of officers.
2.-{ I) A person shall be qualified for registration as a voter if such a parson:
(a) is a citizen of Nigeria;
(b) has attained the age of eighteen years; (c) is ordinarily resident, works in, originates from, or is an indigene of the Local
government Area or Ward covered by the Registration Centre; (d) presents himself to the Registration Officers of the Commission for registration
as a voter within the period stipulated by the Commission for registration of voters ; (e) is not subject to any legal incapacity to vote under any Laws, Rules or.
Regulations in force in Nigeria.
(2) No person shall register in more than one registration center or register more than once in the same registration centre.
(3) Any person who contravenes the provisions of Subsection (2) of this section shall be guilty of an offence and liable on conviction to a fme not exceeding "'100,000' or imprisonment for a term not exceeding one year or both.
3.-{ I) A person who before the election is resident in a Constituency other than the one in which he was registered may' apply to the Resident Electoral Commissioner of the State where he is currentlyresident for his name to be entered on the Transferred Voters List for the Constituency.
(2) An application under Subsection (I) of this section shall be accompanied by the applicant's voters card and be made not less than 30 days before the date of an election in the Constituency where the applicant is resident;
(3) The Resident Electoral Commissioner to whom an application is made under the provision of this section shall cause to be entered the applicant's name in the Transferred Voters' List if he is satisfied that the applicant is resident in a polling area in the Constituency and is registered in another Constituency.
(4) Whenever an Electoral Officer on the direction of the Resident Electoral Commissioner enters the name of any person on the Transferred Voters' List for his Constituency he shall-
(a) assign that person to a ~Iling 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 anew. 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 the receipt of this entry, that Electoral Officer shall delete the name from his voters' list.
4.-{ 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.
\L-. f,/e(;torai Act 2001 N•••• .t\)t
(2) Any person may raise an objectton against any officer during the registration and or updating exercise and r8ilure to raise such objection shall not vitiate the Register.
(3) The officersappoin~ under Subsection (1) of this section shallexercise such functions and duties as may'~ specified by the Commission. in acc:orcTimce with the provisions of this Act, and ~ IbaU ~ot be subject to the ditec;tiOl}.or control of any other person or authority oiher"thtil tIte Commission in the performanllC of their functions and duties.
5.--(1) Each Electoral Oflicor sJWl have CbqCl an4custo4y of the voters' register for his Local Goverpment ArM UI)CIertile general supervision of the Resident Electoral Commission. '
(2) The voters" register shall be kept in such form as may be-prescribed by the Commission.
6. In the performance of his or her.- under this Act, a registration officer and an update officer may-
(a) demand from anyappfu:ant die ilUvrmation necessary to enablehim to ascertain whether the applicant is qqaliW to be regiFed as a voter in accordance with the provisions of this. Act ; ,
(b) required any voter orappliCliDt to complete an application within a period specified by the Commission,
7.--( 1)The Commission shall design,. prinf and control the-issuance of voters' cards to voters whose name appear in'the register.
(2) No voter shall hold more than one valid voter's card.
(3) Any person who contravenes Subsection (2) of this section commits an offence and is liable, on conviction, to a finenotexceMing "1.00,000 or imprisonment not exceeding one year or both. '
(4) The Commission may, wheDe«tritconsider!i it necessary, replace all or any voters' cards for the time being held by voters. '
8.--( I) Whenever a voter's card is lost, destroyed, defaced, tom or otherwise damaged, the voter shall at least seven days before polling day, apply in person to the Electoral Officer or any other officer duly authorised for that purpose by the Resident Electoral Commissioner, stating the circumstances of that loss, destruction, defacement or damage.
(2) If the Electoral Officer or that 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 a duplicate copy of the voter's original voter's card with the word "DUPLICATE" clearly marked or printed on it, showing the date ofissue.
(3) No person shall issue a duplicate voter's card to any voter on polling day or within seven days before polling day.
(4) Any person who contravenes Subsection (3) of this section commits an
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Custody of the voten feciSler.
Demand fer informatlOll reganlinll registration.
Power to print and issue voten' card,
Power tc! issue duplicate voters' card.
A32 2001 No.4 Electoral Act
Power to print and issue register of voters.
Display of the copies of the voters' list.
Revision officer for hearing of claims, etc.
Proprietary right in voters' card.
Offence of buying and selling voters' cards.
offence and is liable on conviction, to a fine not exceeding NI 00,000 or imprisonment not exceeding one year or both.
9.-( I) 'The Commission shall cause a voters' register for each state to be printed, and any person may obtain from the Commission, on payment of such cliarges and subjectto such conditions as may be prescribed, copies of any voters' register fot the State or fora Local Government Area or Ward within it. '
(2) Where the voters' register has been printed under thislCction immediately before any election or aby-election and itcontains the names of the voters who will be entitled to vote at that election, the Commission may publish a notice declaring that the printed voters' register shall be used for the purpose of identification of voters as that election.
10.-(1) Subject to the provisions of Section 2 (2) of this Act, the Commission shall by notice appoint a period of not less than 5 days and not exceeding 14 days, during which a copy of the voters' register for each Local Government Area or Ward shall be displayed for public scrutiny and during which period any objectiens or complaints in relation to the names omitted, 01' included in the voters' register or in relation to any necessary corrections, shall be. raised or filed.
(2) During the period of the display of the voters' register under this Act, any person may raise an objection on the form prescribed by the Commission against the inclusion in the voters' register of any name of a person on grounds that the person is not qualified to vote or to be registered as voter in the State, Local Government Area, or Ward or that the name of a person qualified to vote or to be registered has been omitted-or that a name of a deceased person is included.
(3) Any oqjection under Subsection (2) of this section shall be addressed to the Resident Electoral Commissioner through the Electoral Officer in charge of the Local Government Area of the person raising the objection.
11.- The Commission may appoint as a Revision Officer any person to hear and determine claims for aad objection to an entry in or omission from the preliminary list and may appoint such number of other persons as it deems necessary to assist the Revision Officer.
12.- The proprietary rights in any voter's card issued to any voter shall vest in the Commission.
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l3.-Any person who-
(a) is lawfully in possession of any voter's card whether issued in the name of any voter or not; or
(b) sells or attempts to sell or offers to sell any voters' card whether issued in the name of any voter or not; or
(c) buys or offers to buy any voter's card whether on his or her behalf or on behalf of any other person, commits an offence and is liable; on conviction, to a fme not exceeding N200,000 or imprisonment not exceeding two years or both.
Electoral Act 2001 No.4 A33
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14.--( I) Any person who -
(a) makes a false statement in any application forregistration as a voter knowing it to be false ; or
(b) after demand or requisition made of him under (a) or (b) of section 6 without just cause, fails to give any such information as he or she possesses or does not give the information within the time specified; or
(c) in the name of any other person, whether living or dead or fictitious, signs an application form for registration as a voter to have that other person registered as a voter; or
(d) transmits or is concerned in transmitting to any person as genuine a declaration relating to registration which is false in any material particular, knowing it to be false; or
(e) by himself or any other person procures the registration of himself or any other person on a voter's register for a State, knowing that he or that other person is not entitled to be registered on that vOftj('s register or is already registered on it or on another voter's register; or
(j) by himself or any other person procures the registration of. fictitious person, commits an offence and is liable on conviction to a fine not exceeding Nl 00,000 or imprisonment not exceeding one year or both.
(2) Any person who-
(a) by duress, including threats of any kind causes or induces any person or persons generally to refrain from registering as a voter or voters;
(b) in any way hinders a person from registering as a voter, commits an offence and is liable on conviction, toa fine not exceeding moo,ooo or imprisonment not exceeding two years or both.
PARTll
PROCEDUREAT ELEcTIONS
15.--( I) Election-to-
(a) to the office of the Yresident and Vice-President and to the Senate and House of Representatives,
(b) to the office of Governor and Deputy Governor and House of Assembly of a State; and
(c) the Chairman and Vice Chairman and members of a Local Government or Area Council, shall be held on the date appointed by the Commission.
(2) An election to the offices mentioned under Subsection (I) (a) of this section shall be held on a date not earlier than 60 days and not later than 30 days before the expiration of the term of office of'the last holder of that office.
(3) The date mentioned in Subsection (l) and (2) of this section shall not be earlier than 60 days before and not later than the date on which the House stands
Offences relating to registration of voters.
Election dates.
A 34 2001 No.4 Electoral Act
dissolved, Drwhere the election is to. !HI a vacancy occurring more than three months before such date, not later than a month after the vacancy occurred,
(4) The dissolution of the Senate and the House of Representative and the House of Assembly of a State shall be in accordance with the provisions of section 64 and 105 respectively of the Constitution and the dissolution of Local Government shall be in accordance with the provisions of section 119 of this Act
(5) The Commission shall nDt later than 150 days before the dates appomted in Subsections (1) and (2) of this section publish a notice stating the date of the election in each Constituency in respect of which an election is to' be held;
(6) The elections to which this Act relate shall be held in the following order, namely-
(a) Federal Elections, that is to' say, election to the office of President and Vice- President, Senate and House of Representatives;
(b) S~ateElections, that is to say, elections to the office of Governor and Deputy- Governor and House of Assembly of a State; and
(c) Local Government Elections, that is to. say, election to the office of Chairman, Vice-Chairman and members of Local Government Council.
on a date to be appointed by the Commission in respect of (a) and (b), and by the State Commission in respect of (c)
PROVIDEDthat a period of not less than 2 weeks shall elapse between the Federal Elections and the State Elections and between: the State Elections and the Local Government Elections.
Postponement t6.-{ 1) Where a date has been appointed for the holding of an election, and of elections. there is reason to. believe that a serious breach of the peace is likely to occur if the
election is proceeded with on that date or it is impossible to.conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed elections.
(2) Where an election is postponed under this Act on or after the last date for the delivery of nomination papers, and a poll has to be taken between the candidates then nominated, the Electoral Officer shall, on a new' date being appointed for the election, proceed as if the date appointed wen: the date for the taking of the poll between the candidates.
l3) Where the Commission .appoints a substituted date in accordance with Subsections (I) and (2) of this section, there shall be no return for the election until polling has taken place in the area or areas affected.
(4) Notwithstanding the .provision of Subsection (3) of this section, the Commission may, if satisfied that the result of the election will not be affected liy voting in the area or areas in respect of which substituted dates have been appointed, direct that a return of the election be made.
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Electoral Act 200t No.4 A 35
(5) The decision of the Commission under Subsection (4) above may be challenged by any of the contestants at a Court of Law or tribunal of competent jurisdiction and on such challenge.the decision shalt be suspended until the matter is determ ined.
17.--{ 1) Whenever a vacancy occurs in any Legislative House, the President Election to of the Senate (in the case of a vacancy occurring in the Senate) or the Speaker of the vacancy House of Representatives or the House of Assembly of a State (in the case of vacancy occurring in that House) shall within 14 days of that vacancy occurring, cause the Clerk of such House to send a noticein writing tothe Comnrission.for an election to fill the vacancy.
(2) If after 14 days of that vacancy occurring, no notice is sentto the Commission according to the provisions of this Section,the Resident Electoral Commissioner of the State or Federal Capital Territory, of the Constituency, or Senatorial District within which the vacancy occurs, shall notify the Commission in writing of that vacancy occurring.
(3) This shall serve as a valid notice to the Commission of that vacancy in that Constituency or Senatorial District.
18.--{I) A person shall be, entitled to vote at a polling station where he is Qualification registered as a voter to vote.
(2) Persons awaiting triafshall be entitled to vote when appropriate arrangements have been made therefore byThe Commission:
19.--{ 1) For-the purpose of directing and supervising all elections under this Act, the Chairman of the Commission (hereinafter referred to as the "Chairman") shall be the Chief National Electoral Officer of the Federation, subject to the control of the Commission.
.(2) Subject to the control and direction of the Commission and the provisions of this Act, a Resident Electoral Commissioner shall perf orin the functions of the Chief Electoral Officer in a State including the Federal Capital Tetritory, Ahuja.
(3) The Chairman of the Commission shall act as the Returning Officer for the election into the office of the President, and Vice-President of the Federation.
(4) (a) The Resident Electoral Commissioner of IIState or hisrepresentative in a Constituency shall act as the Returning Officer for election into the office of State Governors, and members ofthe National and State Assemblies.
(b) the Local Government Electoral Officer shall act as Returning Officer for election to the office of Local Government Chairman and Councillor.
(c) results of all the elections shall be announced at the polling station-
(i) by the Presiding officer at the POlling Station;
(ii) by the Ward Returning Officer at the Ward Collation Centre;
(iii) by the Return ing Officer, at the Local Government Area Collation Centre;
Function of the Chairman of the Commission and resident electoral Commissioner during the elections.
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Appointment of Presiding and Returning Officers.
Appo intment ofLGA electoral officers. and oath of loyalty by election officers.
(iv) at the Federal Constituency by the Returning Officer at the Federal Constituency Collation Centre; .
(v) by the Returning Officer at the Senatorial District Collation Centre ; and
(vi) at the Governorship elections by the Resident Electoral Officer.
(5) No person who is a member of a political party or who has openly expressed support for any candidate shall be appointed into any position for the purposes of reg·istration of voters or elections under this Act.
20.-{ I) For each election held under Section 15of this Act, the Commission shall appoint Presiding Officers and Returning Officers.
(2) The Chairman shall act as the Returning Officer for the election into office of the President, and Vice-President of the Federation ..
(3) No person who is a member of a political party or who has openly expressed support for a candidate shall be appointed a returning officer.
(4) The Commission shall, for the purpose of election under Section 15of this Act, appoint a Presiding Officer, a poll clerk for each polling station and such other officers as may be required by the Comm ission, provided that su~h officers shall not be registered members of any political party or persons who have publicly expressed support for a political party or candidate.
(5) Not less than 30 days prior to the date of the election, the Commission shall publish in at least three National Newspapers, the names, addresses and professions of Returning Officers, appointed under this Act.
(6) Within five days of the publication of the notice required by Subsection (7) of this section, a-peTsbn \MY by notice in writing, addressed to the Resident Electoral Commissioner in his State object to the appointment of the person as Returning Officer or Presiding Officer.
(7) The notice provided for i)l Subsection (5) shall state concisely the grounds for which the person should be disqualified for appointment as a Returning Officer or a Presiding Officer and the grounds of such objection must comply with Subsections (4) and (5) of this section.
(8) Where the Commission finds that the objector has presented sufficient evidence in support of the objection, the appointment shall be cancelled.
21.-(1) For the purpose of the elections under the provisions of section 15of this Act, the Commission shall appoint an Electoral Officer for each Local Government Area.
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(2) All Electoral Officers, Presiding Officer, and Returning Officers shall affirm or swear an oath of Loyalty and neutrality indicating that they would not accept bribe or gratification from any person. and shall perform their functions and duties impartially and in the interests ofthe Federal Republic of Nigeria without fear or favour.
Electoral Act 2001 No.4 A 37
22. The Commission shall for the purpose of an election under this Act appoint such other officers as may be required provided that they shall not be registered members of any Political Party. .
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23.---(1) Not less than 90 days before the date appointed' for holding of an election under this Act, the Commission shall publish a notice in each State of the Federation and the Federal Capital Territory -' .
(a) stating the date of the elections ;.and
(b) appointing the place at which nomination papers are delivered.
(2) The notice shall be published in each ~stituency in respect of which an election is to be held
PROVIDEDthat in the case of a bye-election, the Commission shall; not later than 14 days before the date appointed forthe election, publish a notice statiltg the date of the election.
24.---( I) the Commission may designate such public buildings or places to be used as Polling Stations or Units as it deems appropriate.
(2) The residents and palaces of traditional rulers, places of worship and clubhouses shall not be designated as polling stations or units.
25.---( I) Every political party shall not later than 90 days before the date appointed for a general elections under the provisions of this Act, submit to the Commission in the prescribed forms the list of the candidates the Party proposes to sponsor at the elections.
(2) The list shall be accompanied by an Affidavit sworn to by each of the candidates at the High Court of a State, indicatingthat he-
(a) is a citizen of Nigeria and has attained the age of;
(i) 35 years for election into the Senate ; and
(ii) 30 years for election to the House of Representatives; and House of Assembly of a State; .
(b) is a registered voter;
(c) has been educated up to at least School Certificate level or its equivalent;
(d) isa member of a political party and is sponsored by that party ;
(e) has produced evidence of payment oftax as and when due or tax exemption for a period of three years preceding the year of the election;
(/) has not volunta:rilyacquired the citizenship of a country other than Nigeria, and has not made a declaration of allegiance to such country; .
(g) has not been adjudged to be a lunatic or otherwise declared to be of unsound mind under by law in force in any part of Nigeria ;
'(h) is not under a sentence of death imposed on him by any competent court of
Appointment of other officers for the Conduct of elections
Notice of Election.
Designation of public buildings as polling stations.
Submission of list of candidates and their Affidavit by political parties
A38 2001 No.4 •
law or tribunal in Nigeria or a sentence of imprisonment or fme for an offence involving dishonesty or fraud (by whatever name called) or any other offence imposed onhim by such a court or tribunal or submitfe the Headquarters of the association is situated in the Federal Capital Territory Abuja;
(g) it produces evidence of payment of registration fee of"100,000 or as may be fixed from time to time by an Act of the National Assembly.
(I]) it provides the addresses of the offices oCthe Political Association In at least two-thirds of the total number of the States of the Federation spread among the six geo-political zones.
(3) The Constitution referred to in Subsection 2 (c) above shall provide, among other things -
(0) for the Party's ideology, programme and method of zoning and rotating principal offices among different States of the Federation to ensure Federal Character;
(b) for the periodical elections on a democratic basis at regular intervals not exceeding four years of the principal officers and members of the executive committees or other governing body of the political party.
(c) that the members of the executive committee or other governing body ofthe political party shall reflect the Federal Character of Nigeria by ensuring that they belong to different State not being less in number than two-thirds of all the States of the Federation and the Federal Capital Territory, Abuja;
(d) for the disciplinary procedure of the party indicating clearly the method of expelling an ordinary member of a party orpolitical office holder, including amember of a legislative house;
Power of Commission to register political parties.
A 48 2001 No.4 Electoral Act
Decision of the Commission subject to judicial review.
Political parties to be bodies corporate.
Particulars of registered political Parties.
Constitution and manifesto of political parties.
(e) for the method of amendment or alteration ofthe;ConstitUtion,
(f) rules and procedures for nominating candidates to elective offices;
(4) The Commission shall on receipt of the documents in fulfillment of tne conditions stipulated in Section 74 (I)(a)(c) and (e), immediately issue the applicant with a letter of acknowledgment stating that all the necessary documents had been submitted to the Commission.
(5) The Commission shall after the inspection of all the offices referted to under this section, issue an acknowledgement to the Association indicating that the offices have been so inspected as required under this Act.
(6) Any Political Association that meets the conditions stipulated in Subsections 1 and 2 of this section shall be registered by the Commission as a po)itical party within 30 days upon payment of the sum ofNI 00,000 administrative and processing fees and' if after lite 30 days the Association is not registered by the Commission it shall be deemed to be so registered.
(7) Ifthe Association has not fulfilled all the conditions as aforementioned, the Commission shall within 30 days notify the Association in writing stating the reasons.
(8) Any 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.
75. The decision of the Commission to refuse 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 14 days from the date of receipt of the letter of notification of non-registration from the Commission or the expiration of the 30 days referred to in section 74 Subsection (6) of this Act.
76. Every 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.
77. Without prejudice to the provisions of section 74, once a particular association is granted registration as Political Party by tJie Commission, that Political Party shall further submit to the Cominission the following particulars-
(a) the name of the Political Party, its emblem and logo shall-not contain any ethnic or religious connotation; and
(b) a copy of the Party's Constitution drawn up in compliance with Chapter II of the Constitution of Federal Republic of Nigeria and with the requirements of the relevant guidelines issued by the Commission.
78.-{ I) The Constitution and Manifesto of the Political Party shall, among other things provide for-
(a) for the periodic election on democratic basis of the principal officers and members of the Executive Committee or other governing body of the Political Party;
Electoral Act :Z001 No.4 A49
(b) a system which·allows membership of the Executive Committee or other governing body of the Pelitical Party to reflect at all times, the Federal Character of Nigeria; .
(c) the disciplinary procedure of the Political Party stating clearly, the inethod of expelling an ordinary member of a partyot Political Office holder including a member of a legislative house;
(d) for the method of amendment or alteration of the Constitution or Manifesto of the Political Party ;
(e) the Political Party's ideology, programme and method of zoning arid rotating principal offices among the different zones of the Federation.
(2) The Constitution and Manifesto produced pursuant to Subsection (1) ofthis section shall -
(a) be deposited with the Commission not later than 30 days of the coming into effect of such Constitution or Manifesto; and
(b) at all times be in compliance with the provision.:' of the Constitution, the electoral laws and guidelines made by the Commission.
(3) No amendment or alteration of the Constitution or Manifesto of a Political Party shall be valid unless the Commission is notified within 30 days from the date of making the amendment or alteration.
(4) No Constitution of a political party or any amendment thereto shall be accepted by the Commission unless it has been approved by the National Convention of the Political Party.
(5) No amendment or alteration of the Constitution ofa Political Party shall be valid unless the amendment or alteration has been registered with the Commission.
79.-( I) 'Membership of a Political Party shall be open to every citizen of Nigeria irrespective of his place of origin, circumstance of birth, sex, religion or ethnic grouping -
(2) Subject to Subsection (1) of this section, a person shall not be eligible to be registered as a member of Political Party ifhe-
(a) has not attained the age of 18 years ; (b) is a traditional ruler ; (c) is a member of the Public Service or Civil Service of the Federation, a State or
Local Government or Area Council as defmed by the Constitution ; (d) is a member of the Armed Forces of the Federation, the Nigeria Police,
Security Agencies or Paramilitary organs of the Government; (e) is not a citizen of -Nigeria.
80.-( I) A~ the close of nominations for the general elections, any Political Party which fails to sponsor at least 15per cent of the candidates for Councillorship, Council Chairmanship, and State Houses of Assembly respectively throughout the
Membership of political parties.
Participation in e1ection.
A 50 2001 No.4 Electoral Act
Election of executive Committee of Political Party.
Prohibition of quasi military association.
Federation, spread among two-thirds of the State of the Federation, and the Federal Capital Territory, shall not participate in the general elections.
Provided that a newly registered Political Party shall first participate in the Local Government elections and win at least 10 per cent of the Councillorship and Chairmanship positions throughout the Federation spread among two-thirds of the States ofthe Federation and the Federal Capital Territory to be eligible to participate in Federal and State Elections.
(2) Every candidate intending to participate in an election shall pay a non refundable deposit as specified hereunder-
(a) for the position of Councillor - NI0,ooO;
(b) for Local Government Chairmanship - N2s,Ooo;
(c) for House of Assembly - "30,000;
(d) for Governorship ~ NI00,Ooo;
(e) for House of Representative- "120,000;·
(j) for the Senate- "150,000;
(g) for President of the Federal Republic of Nigeria - "500,000.
(3) The Commission shall monitor the organization and operations of political parties, political campaigns and provide guidelines which shall govern the political parties to ensure that they comply with the provisions of the Constitution and this Act.
(4) The Commission may delegate any of its powers to aRY Resident Electoral Commissioner.
81. Every Political PartyshaU hold on a democratic basis, election of its principal officers and members of its Executive Commstee or other governing body in accordance with its Constitution.
82.~ I) No PoliticaliParty or Association shall establish, operate, retain, train, equip, any person or group of persons, or maintain any wing, arm, or vanguard, in whatever form or manner and in whatever name called, for use or display of physical forces or coercion in promoting or attaining any political objective.
(2) Any Political Party or Association, which contravenes the provision of Subsection (1) or (2) of this section is guilty of an offence and liable on conviction to a fine of-
(a) NsOO,OOO.OOfor the first offence;
(b) N200,000.00· for any subsequent offence and N50,OOOfor every day that the offence continues.
(3) Any person or group of persons who establishes, operates, retains, equips or maintain any wing, arm or vanguard, in whatever name called, for use or display of physical force or coercion in promoting or attaining political objective or interest or to
"Electoral Act 2001 No. 4 A 51
, I•
aid the political party in the proplfPtion of its objective, shall be guilty of an offence and be liable on conviction to a fme ofmOO,OOO or two years imprisonment or both if a member ofa political party.
(4) Any person who encourages or conspiree with a political party or association to commit a breach of the provisions of this section, shall be guilty of an offence and on conviction be liable to a fine of"2oo,000 or imprisonment for one year or both,
83.-{ I) The Commission shall keep a register of symbols of political parties for use at elections.
j (2) The Commission shall register the symbol ofa Political party upon payment
of the prescribed fee if it is satisfied-
(a) that no other symbol of the same design is registered; (b) that theysymbo\ is distinctive from any other symbol a1ready registered ;
and (c) that its use will not be offensive or otherwise objectionable howsoeeer.
(3) The Commission shall remove a symbol from the register of ~ if-
(a) a Political Party in whose name it is registered requests the remo\!al; or (b) the Commission is of th\l opinion thllt the Political Party in whose name the
symbol is registered has ceased w exist or to use the symbol. (4) Nothing in this section shall authorise the allotment or registrationJoouse at
any election of a symbol or material as symboJ of a Party, ifit;.portrays - .
(a) the Coat of Arms of the Federation; (b) the Coat of Arms of any other country ;, (c) any device or emblem which in the opinion of the Commission is normally
associatelkvith - (1) the official acts of Government; or (i1) any of the Armed Forces of the Federation or the Nigeriim Police Force or
other uniformed service; or (Wythe reg~ia of a chief; or (iv) any tribe or ethnic group ;or (v) any religion or cult; (VI) any portrait of a person living or dead,
(d) any symbol or paI't of a symbol which under the provisions ofdi-is section continues to be registered by another political party.
(5) Subject to the foregoing 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 mentioned in Subsection (2) of this section.
Symbols of political parties.
A 52 200] No.4 Electoral Act
Allocation of symbols.
Merger of political parties.
Notice of convention. congress, etc.
84. Where· a symbol is registered by a Political PlirtY.in accordance with this Act, the Commission shall allot thelymbol to any ~idate sponsored by lilt' Political Party at any election.
85.-{ I) 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; PROVIDEDthat there shall at no time be less than three Political Parties regist!lted in the country.
(2) Political Parties intending to merge shall give to the Commission 90 days notice of their desire to do so, and the notice shall be accompanied by ~
(a) a special resolution passed by the National Convention of each of. 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 and State offices of the merged party ; and
(c) evidence of payment of processing fee ofN 100,000 or as may be fixed from time to time by an Act of the National Assembly.
(3) The written request for merger shall be sentto 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.
(4) On receipt of the request for merger of any 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 thirty (30) days from the date of the receipt of the formal request.
(5) Where the request for the proposed merger is approved, the Commission shall forthwith withdraw and cancel the certificate of registration of all the Political Parties opting for the merger and substitute therefore, a single certificate of registration in the name of the merged Party.
(6) Notwithstanding the provisions of Subsection (2) of this section, no application for merger of Political Parties received by the Commission less than six months before any general election in the country shall be considered by the Commission.
.•
86.-{ I) Every 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; or
ElectoralAa:
(b) nommating candidates for an election at any level ;" " (c) approving a merger with any other registered Poiitic8f 'Patty., '
(3) Notice of any congress, conference or meeting for the purpose of nominating candidates fur Local Government orAreilyotincll Elections shall be given to the State independent Electoral Commission at least 21 days l)efure'Sui:hcongress, conference or meeting. '
87.-(1) The Commission shall monitor 'andkeep records of the activities of all the registered po litieal parties.' ,
(2) The Commission may seek information or clarification fro,many registered political party in connection With any activity of the ~olitlca:I PartY Whi.chmay be coqtrary t6 the provisions of this Act or any other law, guidlilifies; rules or regUlatiOns.
::', . -',- -,. '-. ", .', :,,.-.:-' "
(3) .The Cl)mmissionmay direct its enquiry linder Subsectlon(2) of this section r to the Chairman or Secretary of the Political Party at the national, State, Local Govemment , Council or Ward level, as the case mil)' be.
(4) APolitical Partywhicb faibtoprovide~feCP:liml inforil:· 'ion,orclarification , under Subsection (2) of this section or carry out any, lawful directive given by -the Commission in conformity with the provisions of this section is guilty of an offence and liable on convictionto ~ fine of nOt more than M500,000.- '
88.--{ I) 'Every Party shall at such times and in such manner as the Commission may require, su~mit to the Commission a Stlrtement ~f its assets and liabilities -
(2) Every .PoliticalParty sbalI submit to the Commission a detailed annual statement and- analysis of its sources of funds and other assets, tQgether with· a statement of its eXPenditUi'ein such a form as the Ccinnnission may from time to timerequire.
(3) t-loPoliticalpartyshall-
(a) hold Of possess any ffiIlds or other assetS outside Nigeria; or (b) be entitled to retain any funds. or.other assets remitted or. sent to it from
outside Nigeria by Gorporatc:.bodies, entities.inon-Nigeriansand foreign governments.
(4) •Any funds donations, contributions m: other assets remitted or sent to a Political party in breach of the provisions of this section shall be-forfeited tothe Commission.
(5) The Commissicn shall have powets to-give direGti1:lllsto Political Parties regarding the books or records of financial transactions'Which they-shall keep and, to exam ine all such books and i'ecords.
-(6) The powetsconferred on the CommlssionunderSubsection (5) of this section may be exercised by it through arty member of its staff or any person who is art auditor by profession, and whO is not a member of'a Political Party.
~9. Any Political Party which holds or posses any funds outside Nigeria or retains any funds or other assets sent to' it from outside Nigeria and fails to declare same to the Commission within 21 days of receipt of such funds or other assets with
Monitoring political parties,
Declaration of 8SselS8nd liabilities by political parties. :
Offences in relation to finances of politicaf party.
A54 2001 No.4 Electoral Act
Period to covered by annual statement.
/Submission of audited accounts to the National Assembly.
Statement as 10 election expenses.
such information as the Commission may require commits an offence and.shall forfeit the funds or assets to the Commission and on conviction shall be liable to a fine ofnot more than N500,000.
(a) Any person who aids or abets a Political Party in the Commission of an offence under this section commits an offence and is liable on conviction to a fine . ofN100,000 or twelve months imprisonments or to both.
(b) Any entity, association or corporate body which aids and abets a Political Party in the commission ofan offence under this section is liable on conviction to a fine of not more thail N500,000.
90.-( I) The statement of assets and liabilities referred to in section 81 be of this Act shall be in respect of the period 1" January to 31" December in each year, howeverso that in the year in which this Act comes into operation, it shall be for the period beginning with the registration of such party and ending on the following 31" December.
(2) The Commission shall arrange for the annual examination and auditing of the funds and accounts of political parties and publish a report on such examination and audit in three National Newspapers.
91.-(1) The Commission shall in every year prepare and submit to the National Assembly a report on the accounts and balance sheet of every Political Party registered under this Act.
(2) The Commission shall, in preparing the report under Subsection (1) of this section, carry out such investigation as may enable it to form an opinion as to whether proper books of account and record of items of income and expenditure have been kept by each Political Party, and accordingly, report its findings to the National Assembly.
(3) The Commission, any ofits officers, or agents
(a) shall have the right at all times to look into the books ofaceounts of a Political Party ana all other documents relating to those accounts; and
(p) may demand such information as may be necessary fot the performance of the duties of the Commission under this Act and report any difficulty encountered in obtaining the infonnation.
92.-( I) Notwithstanding any other provision of this part of this Act the statement relating to the election expenses of a political party as prescribed in section 97 of this Act shall be submitted to the Commission in a separate audited account as in the prescribed form not latter than 90 days from the date of the election.
(2) Any political party which fails to submit to the Commission the audited return of election expenses in accordance with the provisions of this Act is guilty of an offence and shall be liable on conviction to a fine ofN 100,000 payable jointly and severally by the leaders of the Political Party.
Electoral Act 1001 No.4 A 55
,93.-{ I) The NationalAssembly may approve a grant for disbursement to the political parties contesting electiensaffer the coming into force of this Act.
(2) The grant approved in pursuance otSubsection (I) ~fthis section shall 'be made to the Commission which shall distribute the grant to the Political Parties in the followingmanner-
(a) 30 per cent of the grant shallbe shared equally among the registered political parties participating in respect of a general election for whiChthe grant has been made ;
(b), the remaining '/0 per cent of the grant shall be shared among the Political Parties, after the resultofthe elec;1ions'havebeenknown, in proportion to the number of seats won by each party in the National Assembly.
94.-{1) Notwithstanding the provisions of this Act, the National Assembly may make an annual grant to the Commission for'distributionto the registered Political Parties to assist them in their operation.
(2) The Cotnmission shall diStribute such grant as follows-'-
(a) 30 per cent of the grant shall be shared equally among all the registered Political Parties.
(b) the remaining 70per ctmt of the grant s!Wll:ie.shared among the registered political parties u) proporti6ll to the number of Seats won by each party in the National Assembly. '
95. No political party shall be eligible to receive a grant under Section 93 unless it wins a minimum of 10 per.cem of the total votes cast in the local government elections in at least two-thirds of the states of the Federation.
96.-{I) The Commission shall have power to place limitation on thearrtount of money or other assets, which an mdividual can contribute to a Political Party.
(2) .Every Political Party shall maintain a record of all contribUtors and the amounts contributed.
97.-{1) For the purposes of an election, "election expenses" means expenses incurred by a Political Party within the perfod 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 shaltnot exceed in theaggregale the sum deterrDineby multiplying 20 Naira by the number of names appearinginthefinalvotes' list for each Constituency where there is a candidate sponsored by the Political Party.
(3) Election expenses of a Political Party shall be submitted to the Commission in a separate audited return within three months after polling he is a person employed in the public service of the Federation or of any State or Local Government (other than a person holding elective office) and he has not resigned, withdrawn or retired from such employment 30 days before the date of election;
(g) he is a member of any secret society'·
(h) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tnbunal setup under the Tnbunals of Inquiry Act, a Tribunal of Inquiry Law or any other Law by the Federal or State Government which indictment has been accepted by the Federal or State Government, as the case may be ;
(i) he has within the preceding period of 10 years presented a forged certificate to the State Independent Electoral Commission; or
(j)he has been dismissed from the public service of the Federation or a State;
(2) Where in respect of any person who has been : (a) adjudged to be a lunatic; (b) declared to be of unsound mind; (c) sentenced to death or imprisonment; or (d) adjudged or declared bankrupt, any appeal against the decision is pending in any court of law in accordance
with any law in force' in Nigeria, Subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when appeal is finally determined or as the case may be, the appeal lapses oris abandoned, whichever is earlier.
(3) For the purpose of Subsection (2) of this section, an "appeal" includes any application for an injunction or an order of certiorari, mandamus, prohibition, or habeas corpus, or any appeal from any such application,
115.-{ 1) Election to all the Local Govenunent shall be held on the same date and day throughout the Federation.
Date of Council elections and method of \ voting,
A 62 2001 No.4 Electoral Act
Procedure for local government elections.
ProCL.:lIUfC for Noruiuation ct c
Election of Chairman.
(2) Notwithstanding the provisions of Subsection (I) of this section or any other law, guideline, notice, circulars or regulations as from the commencement of this Act, General Elections to Local Government shall be' held not earlier than 29'h March 2003.
(3) Bye-elections to fill vacancies that.occurin Local Government of a State shall be held within 30 days from the date of vacancy occurred.
(4) The date mentioned in Subsection (I) of this section shall not be earlier than sixty days before and nor later than 30 days before the expiration of the term of office of the last holder of that office.
(5) Where a vacancy occurs less than 3 months before the day on which the Local Government stand dissolved there shall be no bye election to fill the vacancy.
(6) Where a vacancy oecurs more than three months before the day the Local Government stands dissolved there shall be a bye election to fill the vacancy not later than 30 days from the date vacancy occurred.
(7) Voting shall be by open-secret ballot.
116.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.
117.--{1) Ifafterthe expiration of time for the delivery of Nomination Papers and the withdrawal of candidates for election of Councillors under this Act only one candidate remains duly nominated, that candidate shall be declared returned unopposed.
(2) If after the expiration of time for the delivery of Nomination Papers and the withdrawal of candidates for election of Councillors under this section more than one candidate duly nominated, a poll shall be taken in accordance with the provisions of this Act.
(3) Where in an election to the office of Chairman -
(a) at the close or nomination one of the candidates has been nominated, the State Independent Electoral Commission shall extend the. time for nomination by 7 days; or
(b) at the close of nomination one of the candidates nominated for the election is the only candidate by reason of the disqualification, withdrawal, incapacitation, disappearance, or death of the other candidates the State Independent Electoral Commission shall extend the time for nomination by 7 days;
PROVIDEDthat where after the extension only one candidate remains validly nominated, there shall be no further extension.
118.--{ I) A candidate for an election to the Office of Chairman shall be deemed to have been duly elected to the office where being the only candidate nominated for the election:
(0) he has a majority of YES votes over NO votes cast at the election; and
Electoral Act 2001 NC). 4 A 63
least two-th irds of all the wards in the Local Government.
(c) but where the only candidate fails to be elected in accordance with this Subsection then there shall be fresh nominations.
(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 (b) he has not less than one-quarter qf the votes e..st at the election in each of at
'least two-thirds of all the wards in the Local Govemment Couoc:il,as1be case may be,
(3) Uno candidate is duly elected underSubsection(2)o(~tection, the State Commissionshall within 7 days conduct a secoed election betw~1hetwo candidates, and the c~idate who' scored the majority of votes cast at the election sball be deemed duly elected at the election.
(4)A candidate for an election to the office of Chairman shall be deemed to have been duly elected where, there being more than two candidates for the election ;. .
(a) he has the highest number of votes cast at the election; and (b) he has not less than one-quarter ofthe votes cast at the election in each of at
least two-thirds of all wards in the Local Government as the case may be. (5) If no candidate is duly elected in accordance with Subsection (4) of this
section, there shall be a second election in accordance with Subsection (6) of ,this section at which the only candidates shall be :
(a) the candidate who scored the highest number of votes at the election held under Subsection (4) ofthis section; and
(b) one among theremaining candidates who has the majority of votes in the highest number of wards so however that where there lifemore than one candidate, the one among them with the highest total number of votes cast at the election shall be the second ': \ \--- 1 >:'~, , ~': lic~;tobe .disp,laYRllio" the pl~ce w~icfi wat ~m~d fOfJ,~t;p"e!iy~!)' pC ~~illl\\i9Q, PlIJX!I'sprior tQ ·thil>, efection'or in some conspicuous place or places within the constituency.but failure to· do so or any miscarriage of the copy ofnotiee of hearing shall notatTeet the proceedings if.it-doesnot occasion iJ\justice,agalilst any ofthe'Plrrties totbe election petition.
. , ) ,:;1 ' ",'! - ';.n~*-\: ..;' ;:, 20. The posting of the notice of hearing on the Tribunal notice board s!l,aUbe
.deemed l~d :taken 'to be good 'nolice,land' lt1l!. notice 'shalt nor. be vijiated~y any , mi.scarriage of the copy'or.copiesoithe notice-lletit1iotsli'arit;to~aragri",\ 19 oftliis Schedule, ' .' .
Further particulars or direction,
Hearing of petition to be in open Tribunal or Court,
Time .and place of hea~ing petition,
Notice of hearing,
P,;sting of notice on Tri"~Ir.ll •.. l1(ltk:~jIuard deemed 10 be
good lli'lice. ,
ASS 2001 1'1•••4
Poslpu..einnn ,'f h~~ring.
Non arrival ill' Chairman "I' T,i~llnal C'T Presiding Justice of ( 'ourt.
Hearing (0 continue from day 10 day.
AdjOllrllr.W,1 of ~ttUI'l·;."
f'"we,' flhc ChaIrman of Ihe Tlibllnal 0' lhe Pre5idins Justice ofllle 1:0•." to' •.•
21.-( I) The l'ribun~ or Court_Y. tom time to time. by other made on the ajlplication of a perf&'~ •• electioo petitIoc or at the jnaUnce of the Tribunal or Court, postpone the, b!:gipning' Ofthe.\learf11l tQ 3lIC1I.day .as 1he. Tribunal or Court may consider appropr.iate. havinsregard at ai, tiDleslo the need for speedy conclusion of th~ hearing of the election petQion.r , . "
(2) A COP}' of the order shall be sent by the Secretary by registered post or messe~gcl' to th~ Electoral Officer or the Resident Electoral Commissioner or ·the Commission who shall publish the order in the manner provided ioparagraph 20 of this Schedule for publishing tIU: notice ofhear.il!& but failure 00 the partofthe Electoral Officer or Resident Electoral Commissioner or the Commission to publish the copy of the order of postponement shall not affect the proceedings in any manner whatsoever.
(3) The Secretary shall post or cause to be posted on the tribunal notice board a copy of the order.
(4) Where the Tribunal or Court gives an order of postponement at its own instance a copy of the order shall be sent for service. if any, given by the respondents or any of them.
(~) The provisions of paragraph 21of this Schedule shall apply to an order or a notice of postponement as they dotoJAe notice Qfhearing.
22. If the Chairman of the Tribunal or Presiding Justice of the Court has not arrived at the appointed time for the hearing or at the time to which the hearing has been postponed. the hearing shall be by reason of that fact stand adjourned to the following day and so from day to day. .
23.--(1) No formal adjournment Qfthe Tribunal or Court for the hearing an election petition shall be necessary. but tile hearing shall'be deemed adjourned and may be continued from day to day until the hearing jsconcluded unless the Tribunal or Court otherwise directs as the circumstances may dictate.
(2) If the Chairman of the Tribunal or the Presiding Justice of the Court who begins the hearing of an el~ion petition is disabled b)t illness or otherwise. the hearing may be recommended and concluded by another Chairman of the Tribunal or PresidiRll Justice of the COUrtappointe4 by die appropriate authority. :
. -{I) After the hearing ~fan election petition has begun. if the inquiry cannot be continued on the ensuring day or. if that day is a Sunday or a Public holiday, on the day following the saine, the hearing shall not be adjourned sine d~ebut to a defmite day to be announced before the rising of the Tribunal. or Court lI!id notice.of the day to which the hearing is adjOUi'ncdshall fortWith be posted by the Secretary on the notice board.
(2) n.~bearing may be COIltinued on aSlturday or a on a public.holiday if circumstances dictate.
2s'-(1) All interlocutory questions and matters may be heard and disposed of by the Chairman of the Tribunal or the.Presiding Justice of the Court who shall have control over the proceedings as a Judge in the federal High Court.
,.oc ,. ,"
,,(2)AfWr1he•••• ofdIeeleclCkMgdlanlt~'ffth.'Tribi!hil6fcourt ~whichIt.WlIllhetttdhaspreparedftl~bat ••• a.lrmiiiOrtti8~t;~~~~.~==:,J~~~t'~:t:=.. 'MilleTribuna". COun·lIlId "member shallc~ty thedecision ofthe1r~~ CoIut 10thoIlesldlfttEIectGnIeomm.Ionor, orto••••Commilalon.
~~.~~~~~t~.~I~~~:~~ ~' .w•• ~icPy returnccIor elald, orwlHllberthe election was void, and shall ~"""'iaIdaa ••• RlIliIOItt~C04_·,oner«theCommlsslon.
(2)'Ir~ 1'ri~ orCOurt~ ~~thctleqion is iDva~~ ~. sUbjectto'~159 o(thitAct~ ••••• ·iID.ppMl1IDd die 8ppeatfiils, new elelltlelt"l~heJdby""~
(3)•••• new.~lItQ'helchlbder the .,rovl.ionJ 9ftbb~ die Comml.1on lIhaIllppOilat~"" fOrdieelection whlchsludl not be later than 3 •••• _ •••••• of •• dl ••~. '
,27.:..4(I)Alttlicdoapedtionlbllt riot bewlthdiM ~iihout~ot't¥te'r~l ~~,:':i:'-:Y'.'--'-'~':;--'" '," , __. ...' -'';~;.;:_.~_'}:'"- ',:,.-~~r .. , ..•• ;"j':~~":'::,.: .. ....
" (2) Whenl the peti~ arem()letluu10ncno ~ppl~ll!i for 'eI,lv"to wiJhdraw .~c~ion ~itlon$hallbC iii_ eXtept wiffi'dlecoit~ or'ill the ~oDers.
>-:-i".-:.--;~"'::""': -_'_-'- .... ,-; :.: ',;~-v .c,.~.;-.'.',:" 'h/, ·:7rJ~~"::,~f~:·n;::,',;:':·,;·!~: "(5)At the tiIR Offilma'dIe'D.' ormotioDdiepitit~ or ~.u 1elMCl)p1es_ •••• -•••.•••• 0IidIiiIIt ' '"" ," ','
(6) ..,..; .•••••• or'~'" aIIOftlt •••••••• feqa1hlcri~ ~at:»f., ••••••_I •••• .,..b •• lWlla.ll•• ~the ~,~~djilec:tedby''' __ iof''_, "
28. Beforethe leaveforwithdra..yaloran electionpedticmisgrari~:ead.'ofthe ~ic:,alOtI,l4:peeltiOllshlll"""~~"'-- '" " (D)'tel ttie&esto(tfie Cleponentl~~~edge~tJl"Wo ~entbrfertn' ~f any'klndwhitsOeverhasbcetl m.tl&{imCf '., '" ~i""~ 0;,1.' '.',' .,' , '(/I) no undertakmg haaj)ecn entered into,in relatiorJto eM withdrawal of me petitiOll.but if any lawful agreementha,s bt;tmm~1tIt l~ttb«bllwiihdrawal
:!:~]~t:-~i~t:!t:l~ars~=~,~~kethe . " - -- ' '-", ' " ...:.."., . ',: ,:, -,' . .' :. '~'" '''. ' -
. ;,'f ;
EtTecliif ~lae of election PCtil;o~,
Will!4rll\\'lII abale_nlof petillu .. ,
Affidavit epinIl illcpl tCfllll of \\iitbd,.wat.
Timefot -Ina .m(!liORfw leawlo . withdraw petition.
~Y"'~f :1lQ$.1o" ",spoJldents, ,
A)I8tCment of Proc:eedinp in eleetlon pet1tion,
)ofolillClOrM oPpol/llon 10 petition,
COllnterlNlld of~llce·of,,~•.
Z9.~If:~e.timo for,!t~.~JftIit ••••. ~tJ)e olection ~_8xeltby.1IaenibuQ;l~ .
'.Q)11iO~, may~ notiCeo(fttO~,fiXed roiih~'heariqi OftliO·ltlotiOD ~1lte'~~ts ~.gost orCIUSO.tO lio.podQnh!l~triblll)ll!notii:c b9vd.~)' orthe nOiice. .' . · . .~O.'fthe~~on,~ is.~Jbellllritione.r, $~I.~' ~!lble,to pay ·~ .• to tbo~clenlUr Ill)' o(ttiem unless. the tribun~) .Q[ Court oth~~.· .
31..--(1) Ita soIepetitioner orthe sutvivot ofsev!'J'lIlpetitionersdiesthen, S\1bject to S\l~ (2) and (3) of this paragraph, there shall be no further prpceedings on tJJe dectionp.citmonand the Tribunal orCourt may strike it out ofits cause list
. (2) The death of a petitioner shall not affect his liability for the payment of costs prevj~)'. ip..c:p,rredin die course of proceedings in respect of the election petition ~or~~.~t. .
(3) WheronotiCe.with copies for each party to the election petition supporte(l b)'~lIffida~!.t pr~o, 'tVitn~s~stifying to the death. of a sole petitioner or of the · .urvivot of ~ petitioners. is gi 'en to the Secretary, he shall submit the nQticeto die Tribuna.QI' court end if the Tribunlll or Court ~ directs, the Secretary shall-'
~Q)~ftotice~fql?:~plll1iC?Sto ~~tiRn; (b) post or ClIUSC to ~ ~ .J19tice tbOl'el)folltheTribunal notice board ; and
(e) caUse notif;:e.thereofJobe,pubJished incoRspif;:uous.places in the constituebe)-. in such form as the Tribunal or Court maydirect.
32..~nIfbefore the"elItina0tllDolec,tiOnpetiti()n. arespondent, other than the ~~I ~.tl\l~~w·Pn$idiltg"Qfficer. gives to thf(J)ibunal or Court notice iI!~,.~·byIWnOt'.~~~. lbe.Sec~;~Ia. does not Intend to~ the el~ petition,tlte. ~retaryshall -:-
;;" _ '" _•. >' - . :',,/h :4.'. - _', :~, (0) serve notice thereofQn iIleatbOl':~,to_.~~qllldl
(b)"'I/If~:tp.~·.~~~~fQn;~'Ui~.tnodce·board.
, .·~).n.O~~ffUe •• bOdilt •• tti··~'foreath·mherpmytOthe ~Iection petition not leu than ,Ix da)'sbe1Of'edl. dllY&Ppoin.ecffodlearing ofthe ~IO\:tir:~~n.
(3) Areapond$lt whohu giv8Dllotice.of'hillintention nonooppost the · ~ecdon ~ abaH~~()f-'" JlIII1Yaaainstth.e !ection~tion in any pro: -_,"'" -,,···,"·:}~;Jl·-'-"·:_~ ,,-.'< -';--. ','.- > ""',-' (6) the.deatb of1he 1010 petitiaMror the survivor of several petitioners ;.or
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. .~.,".".' .' /_': ~~;.'~·
for Service on:
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Aue_I Ne;4 EiectOl'ai Act I certil)t, in accordance with Section 2 (\) of the Acts Authentication Act; Cap. 4, Laws of the Federation of Nigeria 1990, that this is a true copy of the Bill passed by 60th Houses of the National Assembly ..
IBRAHIM SALIM, CON
CIe,.k to the NalionaJ Assembly 5th Day of December, 200\
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