ELECTORAL ACT(S) OF NIGERIA
CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
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ELECTIONS LAWS OF THE FEDERATION OF NIGERIA
ELECTORAL (AMENDMENT) ACT, 2010,
ELECTORAL (AMENDMENT) ACT, 2011
ELECTORAL (AMENDMENT) ACT (NO. 2), 2011
ELECTORAL (AMENDMENT ACT), 2015
ELECTORAL ACT
EXPLANATORY MEMORANDUM
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-
ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED)
LAWS MADE BY THE NATIONAL ASSEMBLY OF NIGERIA [BY YEARS]
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