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This Act [which has been amended successively by the Electoral (Amendment) Act, 2010 and Electoral (Amendment) Act, No. 2, 2010] repeals the Electoral Act No.2, 2006 and Independent National Electoral Commission Act, Cap. 15, Laws of the Federation of Nigeria, 2004 and enact the Electoral Act, 2010 to regulate the conduct of Federal, State and Area Council elections; and for related matters.
ARRANGEMENT OF SECTIONS
PART I – ESTABLISHMENT AND FUNCTIONS ETC, OF INDEPENDENT NATIONAL ELECTORAL COMMISSION
The Independent National Electoral Commission
Functions of the Commission
Establishment of the Independent National Electoral Commission Fund
Expenditure of the Commission
Annual estimates and accounts
Establishment of office in each States and Federal Capital Territory
Committees of the Commission
PART II – STAFF OF THE COMMISSION
Secretary and other staff of the Commission
PART III – NATIONAL REGISTER VOTER AND VOTERS’ REGISTRATION
National Register of Voters and Voters’ Registration
Continuous registration
Appointment of officers
Qualification for registration
Transfer of registered voters
Demand for information regarding registration
Power to print and issue voters register
Powers to print and issue voters’ card
Custody of voters’ register
Power to issue duplicate voters’ cards
Display of the copies of the voters’ list
Time for publication of supplementary voters’ register
Revision officer for hearing of claims, etc.
Proprietary rights in the voters’ card
Offences of buying or selling voters’ cards
Offences relating to registration of voters
PART IV – PROCEDURE AT ELECTION
Days of election
Postponement of election
Announcement of election results
Oath of Neutrality by election officers
Appointment of other officers for the conduct of registration of voters and elections
Notice of election
Submission of list of candidates and their affidavits by political parties
Prohibition of double nomination
Political Parties changing candidates
Publication of nomination
Withdrawal of candidate
Death of a candidate
Invalidity of multiple nominations
Failure of nomination
Contested election
When poll is required
Uncontested election
Establishment of polling units
Ballot boxes
Format of ballot papers
Polling agents
Notice of poll
Hour of polls
Display of ballot boxes
Issue of ballot papers
Right to challenge issue of ballot paper
Separate queues for men and women
Conduct of poll by open secret ballot
Over-voting
Ballot not to be marked by voter for identification
Accidental destruction or marking of ballot papers
Blind and incapacitated voters
Personal attendance
Voting at appropriate polling unit
Impersonation by applicant for ballot paper
Tendered ballot paper
Conduct at polling units.
Closing of poll
Counting of votes and forms
Recount
Post-election procedure and collation of election results
Rejection of ballot paper without official mark
Endorsement on rejected ballot paper without official mark
Decision of Returning Officer on ballot paper
Declaration of result
Equality of votes
Posting of results
Custody of documents
Step-by-step recording of poll
Result forms to be signed and countersigned
Certificate of return
Forms for use at election
Access to election documents
PART V – POLITICAL PARTIES
Powers of the Commission to register political parties
Decision of the Commission subject to judicial review
Political parties to be bodies corporate
Contravention of section 227 of the 1999 Constitution
Symbols of political parties
Allocation of symbols
Merger of political parties
Notice of convention, congress, etc.
Monitoring of political parties
Nomination of candidates by parties
Offences in relation to finances of a political party
Period to be covered by annual statement
Power to limit contribution to a political party
Limitation on election expenses
Election expenses of political parties
Disclosure by political parties
Conduct at political rallies and processions, etc.
Prohibition of certain conduct, etc. at political campaigns
Prohibition of use of force or violence during political campaign
Effect on elected officer where political party ceases to exist
Existing political parties
Limitation on political broadcast and campaign by political parties
Campaign for election
Prohibition of broadcast, etc 24 hours preceding or on polling day
Campaign based on religion, tribe, etc.
PART VI – PROCEDURE FOR ELECTION TO AREA COUNCIL
Power of the Commission
Election to offices of Chairman, Vice-Chairman and Councillors
Division of Area Council into registration area
Qualification
Disqualification
Date of Area Council elections and method of voting
Procedure for Area Council elections
Procedure for nomination, etc.
Election of Area Council Chairman
Death of Chairman before oath of office
Dissolution of Area Council
Vacation of seat of members
Removal of Chairman or Vice-Chairman
Recall
PART VII – ELECTORAL OFFENCES
Offences in relation to registration, etc.
Offences in respect of nomination, etc.
Disorderly behavior at political meetings
Improper use of voters’ cards
Improper use of vehicles
Impersonation and voting when not qualified
Dereliction of duty
Bribery and conspiracy
Requirement of secrecy in voting
Wrongful voting and false statements
Voting by unregistered person
Disorderly conduct at elections
Offences on election day
Under influence
Threatening
Offences relating to recall
PART VIII – DETERMINATION OF ELECTION PETITIONS ARISING FROM
ELECTIONS
Proceedings to question an election
Time for presenting election petition
Establishment of Area Council Election Tribunal
Establishment of Area Council Election Appeal Tribunal
Persons entitled to present election petitions
Grounds of petition
Certain defects not to invalidate election
Nullification of election by Tribunal or Court
Effect of non participation in an election
Accelerated hearing of election petitions
Person elected to remain in office pending determination of appeal
Legal representation of Commission, etc.
Rules of procedure for election petition
PART IX-MISCELLANEOUS
Persons disqualified from acting as election officers
Election expenses by the Commission
Secrecy of ballot
Prosecution of offence disclosed in Election Petition
Trial of offences
Inspection of documents
Delegation of powers of the Commission
Regulations
Civic education by the Commission
Validation
Interpretation
Repeal of Electoral Act 2006 and INEC Act, Cap. 15, LFN, 2004
Citation
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
ELECTORAL ACT, 2010
An Act to repeal the Electoral Act No.2, 2006 and Independent National Electoral Commission Act, Cap. 15, Laws of the Federation of Nigeria, 2004 and enact the Electoral Act, 2010 to regulate the conduct of Federal, State and Area Council elections; and for related matters.
ENACTED by the National Assembly of the Federal Republic of Nigeria-
