ELECTORAL ACT, 2022

ELECTORAL ACT, 2022

LAWS OF THE FEDERATION OF NIGERIA

ARRANGEMENT OF SECTIONS

PART I- ESTABLISHMENT AND FUNCTIONS OF INDEPENDENT NATIONAL ELECTORAL COMMISSION

1.     Establishment of Independent National Electoral Commission

2.     Functions of the Commission

3.     Establishment of the Independent National Electoral Commission Fund

4.     Expenditure of the Commission

5.     Annual estimates and accounts

6.     Establishment of office in each State, Federal Capital Territory and Local Government

7.     Committees of the Commission

PART II – STAFF OF THE COMMISSION

8.     Secretary and other staff of the Commission

PART III – NATIONAL REGISTER OF VOTERS AND VOTERS’ REGISTRATION

9.     National register of voters and voters’ registration

10.    Continuous registration

11.    Appointment of officers

12.    Qualification for registration

13.    Transfer of registered voters

14.    Demand for information regarding registration

15.    Power to print or issue register of voters

16.    Power to print or issue voters card

17.    Custody of voters’ register

18.    Power to issue replacement permanent voters’ cards

19.    Display of the copies of the voters’ list

20.    Revision officer for hearing of claims

21.    Proprietary rights in the voters’ card

22.    Offences of buying and selling voters’ cards

23.    Offences relating to register of voters

PART IV – PROCEDURE AT ELECTION

24.    Conduct and postponement of election in emergency

25.    Announcement and declaration of election results

26.    Oath of neutrality by election officials

27.     Appointment of other officers for the conduct of registration of voters and elections

28.    Notice of election

29.     Submission of list of candidates and their affidavits by political parties

30.    Prohibition of double nomination

31.    Withdrawal of candidate

32.    Publication of nomination

33.    Political parties changing candidates

34.    Death of a candidate

35.    Invalidity of multiple nomination

36.    Failure of nomination

37.    Contested election

38.    When poll is required

39.    Uncontested election

40.    Establishment of polling units

41.    Ballot boxes and voting devices

42.    Format of ballot papers

43.    Polling agents

44.    Notice of poll

45.    Hour of poll

46.    Display of ballot boxes

47.    Accreditation of voters and voting

48.    Right to challenge issue of ballot paper

49.    Separate queues for men and women

50.    Conduct of poll by open secret ballot

51.    Over voting

52.    Ballot not to be marked by voter for identification

53.    Accidental destruction or marking of ballot papers

54.    Visually impaired and incapacitated voters

55.    Personal attendance

56.    Voting at appropriate polling unit

57.    Impersonation by applicant to vote

58.    Conduct at polling units

59.    Closing of poll

60.    Counting of votes and forms

61.    Recount

62.    Post-election procedure and collation of election results

63.    Rejection of ballot paper without official mark

64.    Endorsement on rejected ballot paper without official mark

65.    Decision of returning officer on ballot paper

66.    Declaration of result

67.    Equality of votes

68.    Posting of results

69.    Custody of documents

70.    Step by step recording of poll

71.    Result forms to be signed and countersigned

72.    Certificate of return

73.    Forms for use at elections

74.    Access to election documents

PART V – POLITICAL PARTIES

75.    Powers of the Commission to register political parties

76.    Decision of the Commission subject to judicial review

77.    Political parties to be bodies corporate

78.    Contravention of section 227 of the 1999 Constitution

79.    Symbols of political parties

80.    Allocation of symbols

81.    Merger of political parties

82.    Notice of convention, congress

83.    Monitoring of political parties

84.    Nomination of candidates by parties

85.    Offences in relation to finances of a political party

86.    Period to be covered by annual statement

87.    Power to limit contribution to a political party

88.    Limitation on election expenses

89.    Election expenses of political parties

90.    Disclosure by political parties

91.    Conduct at political rallies, and processions

92.    Prohibition of certain conduct at political campaigns

93.     Prohibition of use of force or violence during political campaign

94.     Limitation on political broadcast and campaign by political parties

95.    Campaign for election

96.    Prohibition of broadcast 24 hours preceding or on polling day

97.    Campaign based on religion or tribe

PART VI – PROCEDURE FOR ELECTION TO AREA COUNCIL

98.    Powers of the Commission

99.    Election to offices of Chairman, Vice-Chairman and Councilors

100.  Division of Area Council into registration area

101.  Qualification

102.  Disqualification

103.  Date of Area Council elections and method of voting

104.  Procedure for Area Council elections

105.  Procedure for nomination

106.  Election of Area Council Chairman

107.  Death of Chairman or Vice-Chairman before oath of office

108.  Dissolution of Area Council

109.  Vacation of seat of members

110.  Removal of Chairman or Vice- Chairman

111.    Permanent incapacity of Chairman or Vice-Chairman of an Area Council

112.    Performance of functions of Chairman or Vice-Chairman of an Area Council

113.  Recall

PART VII – ELECTORAL OFFENCES

114.  Offences in relation to registration

115.  Offences in respect of nomination

116.  Disorderly behaviour at political meetings

117.  Improper use of voters cards

118.  Improper use of vehicles

119.  Impersonation and voting when not qualified

120.  Dereliction of duty

121.  Bribery and conspiracy

122.  Requirement of secrecy in voting

123.  Wrongful voting and false statements

124.  Voting by unregistered person

125.  Disorderly conduct at elections

126.  Offences on election day

127.  Undue influence

128.  Threatening

129.  Offences relating to recall

PART VIII – DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS

130.  Proceedings to question an election

131.  Establishment of Area Council Election Tribunal

132.  Establishment of Area Council Election Appeal Tribunal

133.  Persons entitled to present election petitions

134.  Grounds of petition

135.  Certain defects not to invalidate election

136.  Nullification of election by Tribunal or Court

137.  Effect of non-compliance

138.    Person elected to remain in office pending determination of appeal

139.  Legal representation of Commission

140.  Rules of procedure for election petition

PART IX – MISCELLANEOUS PROVISIONS

141.  Persons disqualified from acting as election officers

142.  Election expenses by the Commission

143.  Secrecy of ballot

144.  Prosecution of offence disclosed in election petition

145.  Trial of offences

146.  Inspection of documents

147.  Delegation of powers of the Commission

148.  Regulations

149.  Validation

150.    Procedure for Local Government election in furtherance of paragraph 11 of Part II of the Second Schedule to the Constitution

151.  Repeal of the Electoral Act No. 6, 2010

152.  Interpretation

153.  Citation

Schedules

ELECTORAL ACT, 2022

An Act to repeal the Electoral Act, No. 6, 2010 and enact the Electoral Act, 2022, to regulate the conduct of Federal, State and Area Councils in the Federal Capital Territory elections; and for related matters.

(Commencement)                                        [25th Day of February, 2022]

ENACTED by the National Assembly of the Federal Republic of Nigeria-

PART I- ESTABLISHMENT AND FUNCTIONS OF INDEPENDENT NATIONAL ELECTORAL COMMISSION

1.     Establishment of Independent National Electoral Commission

 (1)   The Independent National Electoral Commission as established By Section 153 of the Constitution (in            this Act referred to as “the Commission”) –

Cap. C23, LFN, 2004

(a)      is a body corporate with perpetual succession; and

(b)      may sue and be sued in its corporate name.

(2)    The National Headquarters of the Commission shall be situated in the Federal Capital Territory    (FCT).

2.     Functions of the Commission

In addition to the functions conferred on it by the Constitution, the Commission shall have power to-

‘(a) conduct voter and civic education;

(b) promote knowledge of sound democratic election  Processes; and

(c)   conduct any referendum required to be conducted under the provisions of the Constitution or an      Act of the National Assembly.

Cap. C23, LFN, 2004

3.     Establishment of the Independent National Electoral Commission Fund

(1)    There is established the Independent National Electoral Commission Fund (in this Act referred to as “the Fund”)

(2)    There shall be paid into the Fund-

(a)    such sums and payments received from the Federal Government available to the Commission for the  performance of its functions under this Act;

(b)    such sums as may be credited to the Fund by way of interest from investments made from the Fund; and

(c)    aids, grants or any other accruals to the Commission in order to perform its functions.

(3)    The election funds due to the Commission for any general elections are to be released to the Commission not later than one year before the next general election.

(4)    Disbursements from the Fund shall be made in accordance with rules set out by the Commission.

4.      Expenditure of the Commission

(1)    The Commission may apply the proceeds of the Fund to-

(a)  defray the cost of administration of the Commission;

 (b)   reimburse members or members of any committee set up by the Commission for such                                   expenses as may be expressly authorised by the Commission in accordance with the rates                               approved by it;

(c)    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;

(d)      the maintenance of any property vested in the Commission; and

(e)      all or any of its functions under this Act. (2)      No payment of any kind under subsection (1) (c), except payment as may be expressly authorised, shall be made to any person who is in receipt of emoluments from the Government of the Federation or of a State.

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LAWS OF THE FEDERAL REPUBLIC OF NIGERIA

LAWS OF THE FEDERATION OF NIGERIA BY YEARS (MADE BETWEEN 1999-DATE)