Transcript of "A Law To Provide For The Conduct Of Elections Into All The Elective Offices Provided For In The Local Government Laws And For Other Matters Incidental Thereto"
A LAW TO PROVIDE FOR THE CONDUCT OF ELECTIONS INTO ALL THE ELECTIVE OFFICES PROVIDED FOR IN THE LOCALGOVERNMENT LAWS AND FOR OTHER MATTERS INCIDENTAL THERETO NO. 17 OF 2011 EKITI STATE OF NIGERIA.
A LAW TO PROVIDE FOR THE CONDUCT OF ELECTIONS INTO ALL THEELECTIVE OFFICES PROVIDED FOR IN THE LOCAL GOVERNMENT LAWS AND FOR OTHER MATTERS INCIDENTAL THERETO NO. 17 OF 2011 EKITI STATE OF NIGERIA Commencement ( ) Enacted by the Ekiti State House of Assembly as follows: Citation 1. This Law may be cited as the Ekiti State Electoral Law, 2011. Interpretation 2. In this Law, unless the context otherwise requires:
“Commission” means the State Independent Electoral Commissionestablished by the Ekiti State Independent Electoral Commission Law, 2011.“Decision” means in relation to court or tribunal, any determination of thatcourt or tribunal and includes a judgment, conviction, sentence, order orrecommendation;“Document” means Educational Certificate, Driver’s License, TaxClearance or any relevant documents for the purpose of conducting anelection;“Electoral Officer” means regular staff of the Commission who is the headof the Commission’s office at the Local Government Area Level;“Enactment” means provision of any law or subsidiary legislation;“Function” includes power and duty;“Government” includes the Government of the Federation, of the StateGovernment or of a Local government Area, or any person or organexercising power or authority on its behalf;“Oath” includes affirmation’“Oath of Allegiance” means the Oath of Allegiance prescribed underSchedule 2 to this law;
“Oath of office” means the Oath of Office prescribes under Schedule 2 tothis Law;“Office” means any of the Political offices, the appointment to which is byelection under this Law;“Petition” means election petition under this Law;“Political Party” means a Political Party registered by the Commission andshall include Political Parties provisionally registered by the Commission forthe purpose of Local Government Council elections under this Law;“Polling Station” means the place, enclosure, booth, shade or house atwhich voting takes place under this Law and includes polling unit;“Power” includes function and duty;“Return” means the declaration by a Returning Officer of a candidate in anelection under this Law as being the winner of the election;“School certificate or its equivalent” means the following:(a) A Secondary School Certificate or its equivalent or Grade II Teacher’s Certificate, the city and Guide Certificate; or(b) Education up to Secondary School Certificate Level;
“Secret Society” includes any association, group or body of persons(whether registered or not)(a) That uses secret signs, oaths, rites or symbols and which is formed to promote a cause , the purpose or part of the purposes of which is to foster the interest of its members and to aid one another under any circumstances without due regard to merit, fairly or justice to the detriment of the legitimate interest of those who are not member;(b) The membership of which is incompatible with the function or dignity of any public office under this Law or any other enactment and whose members are sworn to observe oaths of secrecy; and(c) The activities of which are not known to the public at large and the names of whose members are kept secret and whose meetings and other activities are held in secret;“The State Government” means the Ekiti State Government.(1) In this Law references to a person holding an office shall include reference to a person acting in that office or holding that office forthe time being.(2) Subject to the express provisions of this Law, the interpretation Act shall apply to the interpretation of the provisions of this Law.
PART I LOCAL GOVERNMENT ELECTIONS ETC Conduct of Election 3. Notwithstanding any provision to the contrary in any other enactment or law, the conduct of elections under this Law, shall be under the direction, organization and supervision of the Commission and in accordance with the provisions of this Law or any other enactment or Law, regulations, guidelines, rules or manuals issued or made by the Commission. Polling Stations or Units4(1) The Commission may designate such public buildings in addition to polling booths which may be erected by the Commission. Persons eligible to vote (2) A person shall be eligible to vote in a Local Government election if: (a) he is a citizen of Nigeria and has attained the age of eighteen years. (b) he is ordinarily resident in the ward of Local Government Area for a period of not less than twelve months prior to the date of election, or is an indigene of the ward or Local Government Area; and
(c) he is registered as a voter in the Ward or Local Government Area and subject to subsection (3) of this section, has obtained aregistration card to be presented at the polling station or unit on theday of the election; (3) Where a person claims that his name is on the register of voters for the polling unit but that his registration card is missing or has been destroyed, the Presiding Officer shall if: (i) the name of the person is found in the register of voters for thePolling station or unit; and (ii) he satisfies himself that the person has not voted earlier in that particular election, allow the person to vote. Qualification for Contesting Local Government Election 5. (1) Subject to the Provision of section 6 (1) of this law, a person shall be qualified for election as a member of a local government council if: (a) he is a citizen of Nigeria; (b) he has been educated up to at least the School certificate level or its equivalent; (c) he is a member of a political party and is sponsored by that party:
(d) in the case of councilor, he has attained – the age of 25 years; (e) in case of Chairman, he has attained the age of 30years; Disqualifications from contesting Local Government Elections6. (1) A person shall not be qualify as a candidate to contest Local Government Election unless; (a) he is ordinarily resident in the ward or local government in which he is contesting an election or is an indigene of that ward or constituency; (b) he produces evidence of tax payments as at when due for a period of three years immediately preceding the year of the election; (c) in the case of a candidate contesting as a councilor, ha has been nominated by ten registered voters in his Ward orConstituency; (d) in the case of the candidate contesting as a Chairman, he has been nominated by ten registered voters in each of at least two – thirds of the wards in the local government area; (e) he has not been dismissed from the Public Service of the Federationor State or Local Government or Area Council, or from an employment in the Private Sector;
(f) he has not be found guilty of an offence involving narcotic drugs or other psychotropic substances under a law in force in Nigeria or elsewhere;(g) he is not a registered voter in the ward or constituency in which he intends to contest the election; and(h) he has not been adjudged guilty of economic sabotage against Nigeria, or of treason or treasonable felony, or of disruption of public peace or security of Nigeria or any part thereof by any court of Law or tribunal.(i) he is a person employed in the public service of the federation or any of any sate and he has not resigned, withdrawn or retired from such employment thirty days before the date of election;(j) he is a member of any secret society;(k) he has presented a forged certificate of the state Independent Electoral Commission(2) Where a person seeking to contest as a candidate is involved in a case that may lead to his being disqualified under this Law and the case is pending before a court or tribunal, he may stand as a candidate in the election pending the determination of the case, but he is found guilty by the court of tribunal, as the case may be, he shall:
(a) be withdrawn from the election; and (b) if already elected, cease to be a Councilor, Chairman, Vice – Chairman, as the case may be. Residence7. (1) For the purpose of this Law, a person shall be deemed to beordinarily resident in that place where he normally lives, sleeps and hashis usual abode, whether or not he is an indigene of that place. (2) for the avoidance of doubt, a person who is ordinarily resident in the place outside his indigenous Local Government Area or outside his State of origin shall be eligible to vote in a place if he has been so ordinarily resident there for not less than 12 months prior to the date of the election. Campaigns for elections8. Candidates and their parties shall campaign for the elections in suchmanner and in accordance with such guidelines as the Commission may, fromtime to time.
Date of Local Government Elections9. Elections to all the Local Government Councils shall be held on the same day throughout the State as directed by the Commission. Voting10 (1) Voting shall be carried out in one and the same day throughout the State. (2) Voting shall be by open secret ballot. Appointment and Supervision of Officers11. The provisions set out in Schedule 3 to this Law shall have effect with respect to the appointment and supervision of officers and the othermatters contained therein. Rules of Procedures at Elections12. The rules of procedure to be followed in the conduct of the elections under this Law shall be in accordance with the provisions set out in Schedule 4 to this Law or as may be determined by the Commission from time to time.
Forms13. The forms to be used for the conduct of any election under this Law and for the election petitions arising there from shall substantially be as set out in Schedule 6 to this Law or as may otherwise be determined by the Commission in Guidelines issued from time to time. PART II ELECTORAL OFFENCES Breaches of official duty14. (1) If a person: (a) to whom this section applies or (b) who is for the time being under a duty to discharge any of the functions of that person. Is without any reasonable cause, guilty of any act or omission in breach of his official duty, he is guilty of an offence and liable on summary conviction to a fine not exceeding N500,000.00 or to imprisonment for 3 years or both such fine and imprisonment. (2) The persons to whom this section applies to are:
a. an Electoral Officer and Assistant Electoral Officer; b. a Presiding Officer; c. a Returning Officer and an Assistant Returning Officer; d. a Polling Clerk; e. an Orderly; and (3) any other officer appointed under paragraph 4 of Schedule 3 to this Law. Campaign Offence15. A candidate or an agent who offers bribe to the voters directly or indirectly either by paying money to them or providing inducement, unsolicited services or treating them to parties, commits an offence under this law and shall be punished as provided under subsection (3) of this Section. A candidate or an agent who commits an offence under Subsection (3) of this section is liable on conviction in a Magistrate Court to a fine of N500,000 or imprisonment for a term not exceeding three years or both such fine and imprisonment. Schedule 3: Offences by law enforcement agents etc16. (1)A person to whom this section applies, who is from time to time being under a duty to discharge a function relating to an election shall, if he without reasonable cause, before or during an election or at any time thereafter:
(a) fails to perform or discharge that duty; or (b) performs that duty fraudulently, negligently or recklessly; or (c) is guilty of any act or omission in breach of that duty; shall be guilty of an offence and liable on conviction to a fine of N500,000.00 or imprisonment for a term of 3 years or both such fine and imprisonment. (2) The persons whom this section applies to are: a. police officer; b. member of the state security service; c. officials and members of staff of the Commission; d. polling agent; e. any other officer or officers by whatsoever name called appointed to discharge a function relating to the election; Requirement of Secrecy: Schedule 117. (1) Every Electoral Officer, Returning Officer, Assistant Returning Officer, Presiding Officer, Poll Clerk, Poll Orderly or any other officer appointed under paragraph 4 of Schedule 3 to this Law concerned in the conduct of an election and every polling agent or
candidate in attendance at a polling station or unit, at the counting of votes, shall maintain and aid in maintaining the secrecy of the voting. (2) No officer, agent or candidate referred to in subsection (1) of this section shall, except for some purpose authorized by law, communicate to a person before the poll is closed, an information as to the name or number on the register of voters of a vote who has voted at the place of voting. (3) No person shall: (a) Interfere with a voter when recording his vote unless invited by the voter for assistance; or (b) otherwise obtain or attempt to obtain, in place of voting, information as to the candidate for whom the voter has voted or is aboutto vote; or (c) communicate to a person information obtained while assisting avoter as to the candidate for whom the voter has voted or is aboutto vote; or (d) communicate at any time to any person any information obtained ina place of voting through whatever means as to the candidatefor whom a voter in that place is about to vote or has voted.
(4) A person who contravenes any of the provisions of this section is guilty of an offence and liable on conviction to a fine not exceeding N200,000.00 or imprisonment for a sum not exceeding one year or both such fine and imprisonment. Corrupt practice18. (1) A candidate is guilty of corrupt practice if he commits any of the offences defined as a corrupt practice under Subsection (3) of this section or if any of with: (a) his knowledge or consent; or (b) the knowledge or consent of a person who is acting under the general or special authority of the candidate with reference to the election. (2) if a corrupt practice as defined in Subsection (3) of this section is committed by any candidate shall be invalid. (3) The expression “Corrupt Practice” as used in this Law means any of the following offences that is: (a) Impersonation; or (b) Threatening; or
(c) Undue influence; or (d) Bribery; or (e) Aiding, abetting, counseling or procuring the commission of any of the offences specified in paragraph (a) to (d) of this Subsection. Impersonation and punishment for impersonation19. (1) A person who at an election – (a) applies for a ballot paper in the name of some other person whether that name is the name of a person living or dead, or of fictitious person, or (b) having voted once in an election, applies at the same election for a ballot paper in his own name or in the name of any other person, living or dead or of a fictitious person, is guilty of the office of impersonation. (2) A person who at an election; (a) vote in the name of some other person, whether that name be thename of a person living or dead, or of a fictitious person; or (b) having voted once in an election, applies at the same election for a ballot paper in his own name or in the name of any other person,
living or dead or of a fictitious person, is guilty of the office of impersonation. (3) A person who is guilty of impersonation or aiding, abetting, counseling or procuring the commission of the offence of impersonation, is liable on conviction to a fine not exceeding N200,000.00 or imprisonment for a term not exceeding one year or both such imprisonment and fine. Undue influence20. (1) A person who corruptly, by himself or by any other person either before, during or after an election, directly or indirectly gives or provides money, or pays wholly or in part the expense of giving or providing food, drinks entertainment or provisions to or for any person. (a) for the purpose of corruptly influencing that person, or any other person vote or refrain from voting; or (b) on account of that person or any person, having voted or refrained from voting.
(2) A voter who corruptly accepts or takes any food, drinks,entertainment or provisions to which subsection (1) of this sectionrelates at an election is guilty of undue influence. Threatening21. A person who – (a) directly or indirectly, by himself or by other person or on his behalf – (i) makes use of or threatens to make use of any force, violence, or restraint; or (ii) inflicts or threatens to inflict by himself or by any other person, any injury, damages, harm or loss, on or against a person in order to induce or compel a person to vote or refrain from voting or onaccount of that person having voted, or refrained from voting; or (c) by abduction, inducement, or a fraudulent device or contrivance impedes or prevents the free use of the vote by a voter or thereby compels, induces, or prevails on a voter to give or refrain from giving his vote at an election, is guilty of threatening.
Bribery22. (1) A person who – (a) directly or indirectly by himself or by any other person or on his behalf – (i) gives, lends or agrees to give or lend, or offers or promises to procure or to endeavour to procure, any money or valuableconsideration to or for any voter, or to or for any person, inorder to induce the voter to vote or refrain from voting, or (ii) corruptly does an act referred to in sub – paragraph on account ofthat voter having voted or refrained from voting, or (b) directly or indirectly, by himself or by any other person on his behalf corruptly - (i) gives or procures, or promises to procure or to endeavour toprocure, any office, place, employment to or for a voter or for aperson, in order to induce the voter to vote or refrain from voting,or (ii) does an act referred to in sub – paragraph (1) of this paragraph on account of a voter having voted or refrained from voting: or
(c) directly or indirectly, by himself or by any other person on his behalf, makes any gift, loan, offer, promise, procurement or agreement to or for any person or community in order to induce a person or community to procure, or to endeavour to procure the returnof a person as a member of a Local Government Council or the voteof a voter; or (d) in consequence of any gift, loan offer, promise, procurement or agreement, procures or engages or promises or endeavour toprocure, the return of any person as a member of LocalGovernment Councilor the vote of a voter; or (e) advances or pays, or causes to be advanced or paid any money to a person, in discharge or repayment of any money wholly or in part expended in bribery; (f) knowingly pays or causes to be paid any money to a person, in discharge or repayment of any money wholly or in part expended in bribery; (g) after an election, directly or indirectly by himself or by any other person on his behalf, receive any money or valuable consideration on account of any person having voted of refrained from voting,
or having induced any other person to vote or refrain from votingat an election, is guilty of bribery. (2) A voter who, before or during an election, directly or indirectly by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining from voting at an election is guilty of bribery. (3) The provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bonafide incurred at or concerning an election. Punishment for undue influence, bribery, etc23. (1) A person who is guilty of corrupt practices, impersonation, threatening, undue influence of bribery, or of aiding, abetting, counseling or producing the commission of any of these offences or any offence under this Law is liable on conviction to a fine not exceeding N200, 000.00 or imprisonment for a term not exceeding one year or to both such fine and imprisonment.
(2) A person who is guilty of impersonation, corrupt practices, threatening, undue influence or bribery or of aiding, abetting, counseling or procuringthe commission of any of these offences shall, in addition to any other punishment, not eligible, during a period of five years from the date of his conviction to be – (a) registered as a voter or to vote at any Local Government election in the State; or (b) elected as a member of a Local Government Councilor or if elected before his conviction, to retain his seat. Offences in respect of nomination papers, ballot papers, ballot boxes, etc.24 (1) A person who – (a) Forges or fraudulently destroys a nomination paper, or delivers to the officer charged with the conduct of an election, a nomination paper, knowing the same to be forged; or (b) Forges or fraudulently destroys a ballot paper or the official mark on a ballot paper or a statement of result; or (c) Without due authority, supplies a ballot paper to a person; or (d) Fraudulently put into a ballot box a paper which he is not authorized by Law to put in; or (e) Fraudulently takes out of the polling station or unit a ballot paper; or
(f) Without due authority, destroys, takes or otherwise interferes with a ballot or ballot papers then in use for purpose of an election, is guilty of an offence (2) A person who is found guilty of an offence under this section is liable on conviction to a fine of N200,000.00 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment; (3) An attempt to commit an offence as specified in this section shall be punished in the same manner in which the offence itself is punishable; (4) In a prosecution for an offence in relation to nomination paper, ballot box, ballot paper or the marking instruments such as an instrument shall be stated to be that of the officer charged with the conduct of the election. Punishment of persons guilty of certain illegal practices25. A person who – (a) votes or induces or procures any person to vote at an election knowing that he or that person is prohibited by this Law or by any other Law from voting at the election; or (b) before or during election, knowingly or recklessly publishes a false statement of the withdrawal of the candidate, at the election for the purpose of promoting or shall be procuring the election of another candidate; is guilty of an offence shall be liable upon conviction to a
fine of N200, 000.00 or imprisonment for a term of one year or to both such fine and imprisonment. Voting when not registered26. A person who willfully votes at a Local Government election in a ward or constituency in respect of which his name does not appear on the registerof voters is guilty of an offence and liable on conviction to a fine of N200,000.00 or imprisonment for a term not exceeding one year or both such fine and imprisonment. Fraudulent use of ballot paper27. (1) A person who having been issued with a ballot paper in a polling station or unit, takes or attempts to take that ballot paper out of the polling station or unit is guilty of an offence and liable on conviction to a fine of N100,000.00 or imprisonment for a term of six months or to both such fine and imprisonment; (2) A person who, at an election, brings into polling station or unit a ballot paper relating to the election issued to – another person is guilty of an offence and liable on conviction to a fine of N200,000.00
or imprisonment for a term of one year or to both such imprisonment and fine; (3) For the purpose of sections 19, 20 and 21 of this Law, the expression “refrain from voting” includes taking ballot out of a polling station or unit contrary to subsection (1) of this section; (4) If the presiding officer in a polling station or unit has a reason to suspect that a person who has been issued with a ballot paper and is about to leave the polling station or unit has a ballot paper in his possession, the Presiding Officer or a person acting under his directions may search that person. Offences relating to statement of result28. A person who, being a Presiding Officer at an election – (a) gives a certificate or statement of result which to his knowledge is false in all material particular; (b) perversely and without lawful excuse, refuses to render a statement of result relating to that election to the officer to whom it is required to be delivered; or (c) does anything that impedes or obstructs the proper counting or obtaining of the correct result of the election, is guilty of an offence and shall be liable
on conviction to a fine of N500,000.00 or imprisonment for a term not exceeding 2 years or to both such fine and imprisonment. Disqualification of person convicted of certain offences29. A person who is convicted of an offence under Sections 16, 17, 18, 19 and 20 of this Law shall, in addition to any other punishment not be eligible, during the period of Five years after the date of his conviction to – Be elected as a member of a Local Government Council or elected before his conviction to retain his seat.30. A person who, at any polling station or unit or place being used for the counting of votes, acts or incites others to act in a disorderly manner isguilty of an offence and liable on conviction to a fine not exceeding N200, 000.00 or imprisonment for a term not exceeding one year or to both such fineand imprisonment. Polling day Offences 31. (1) No person shall, on the date or dates on which a poll is taken in an election in respect of a Local Government – (a) convene, hold or attend a Public Meeting in that Local Government Area, or
(b) operate any megaphone, amplifier or any other public address apparatus in the Local Government Area for the purpose of making announcement concerning the election, except where the apparatus is operated by an officer appointed under thisLaw for the purpose of making official announcementrelating to the election. (2) No person shall on the date or dates on which a poll is to be taken ata polling station or unit: (a) canvass for vote; or (b) solicit the vote of a voter; or (c) persuade a voter not to vote for a particular candidate; or (d) Persuade a voter not to vote at the election; or (e) shout, exhibit or tender a notice, sign, symbol, slogan, badge, photograph or party card referring to the election; or (f) shout slogans concerning the election; within the pollingstation or unit or in a public or private place within a distance oftwo hundred metres of the polling station or unit. (3) No candidate or any other person, with the connivance of the candidate, shall whether on payment or otherwise, use, hire of
procure any vessel or vehicle for the conveyance of a voter or voters, other than the candidate himself or his agent, to or from a polling station or unit. (4) No person shall bring alcoholic liquor into, or consume alcoholic liquor in a polling station or unit or in a place being used for the counting of votes. (5) A person who contravenes the provisions of subsection (1), (2), (3) or (4) of this section is guilty of an offence and liable on conviction to a fine of N100, 000.00 or imprisonment for a term of one year or to both such fine and imprisonment. Offences in relation to counting of votes, Schedule 4.32. A candidate or an agent who records the serial number of a rejected ballot paper or a ballot paper in contravention of the provision of paragraph 32 of Schedule 4 of this Law is guilty of an offence and liable on conviction to a fine not exceeding one year or both such fine and imprisonment. Disturbance at public meetings33. A person who at a public lawful meeting to which this law applies –
(a) acts or incites another person to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called; or (b) has in his possession an offensive weapon or missile; is guilty of an offence and liable on conviction to a fine of N 100,000.00 or imprisonment for a term of six months or to both such fine and imprisonment. Conviction of disqualifying offence to be reported etc.34. Where a person is convicted of an offence under this part of this Law which disqualifies him from being elected as a member of Local Government Council, the court by which he was convicted shall send to the commission the judgment of the said court and where the person convicted – has appeared, the court which heard the appeal shall within 3 months send the judgment of the appeal to the Commission. Punishment for attempts, etc to commit offences35. An attempt or a conspiracy to commit an offence specified in this law shall be punishable in the same manner as the offence.
Trial of offences36. (1) An offence committed under this part of this Law shall be liable in a Magistrate’s Court of the State. (2) A prosecutor under this part of this Law shall be undertaken by the Attorney – General of the State or by such officer in the Ministry of Justice of the State or by an officer of the Nigeria Police Force. PART III DETERMINATION OF QUESTIONS WITH RESPECT TO ELECTION UNDER THIS LAW Establishment and Composition of Local Government Election Tribunals, etc.37. (1)There shall be established in the State one or more Election Tribunals to be known as Local Government Election Tribunals (in this Law referred to as an “Election Tribunal”) which shall to the exclusion of any other Tribunal or Court have original jurisdiction to hear and determine; (a) election petitions as to whether a person has been validly elected as Chairman or Councilor of a Local Government council (b) any question as to whether the term of office of any person as chairman of a Local Government council has ceased;
(c) A question as to whether an election petition is proper or improper before the Election tribunal. (2) An election tribunal shall consist of a chairman and two other members, all of whom shall be persons of unquestionable integrity who have not been involved in party politics. (3) The Chairman shall be a person who has held office or is qualified to hold office of a judge of a High Court and of two other members; (a) one shall be a legal practitioner who has been so qualified for aperiod of not less than 12 years; and (b) the other shall be a non – member of the legal profession (4) The Chairman and other members shall be appointed by the Chief Judge of the State. Election Petition38. (1) No Local Government election and no return to Local Government shall be questioned except by a petition complaining of an undue election or undue return (in this Law, referred to as an (“election petition”) presentedto the Election Tribunal in accordance with the provisions of this part of this Law.
(2) An election petition shall be presented within 21 days from the date on which the election is held. Presentation of Petition39. (1) An election petition may be presented by one or more of thefollowing persons: (a) a candidate at the election; or (b) a Political Party which participated at election. Grounds on which election may be questioned40. (1) An election may be questioned on the following grounds: (a) that the person whose election is questioned was at the time of the election not qualified or was disqualified from time being elected as a member of a Local Government council; or (b) that the election was voided by corrupt practices, irregularities or offences against this Law; or
(c) that the respondent was not duly elected by a majority of valid or lawful votes cast at the election; or (d) That the petitioner was validly nominated but unlawful excludedfrom the election. (2) An act or omission which is contrary to an instruction or direction of the Commission or of an officer appointed for the purpose of the election but which is not contrary to this Law shall not of itself be a ground on which the election may be questioned; (3) Where a political party has presented more than one candidate for a particular ward or local government area, the decision of the political party, competent court or an election tribunal on one of those candidates to contest the election shall be final and shall notbe reviewed.Power of Tribunal to nullify election of returned candidate with majority votes41. (1) Subject to subsection (2) of this section, if the Tribunal determines that a candidate returned as elected was not elected on anyground, the Tribunal shall nullify the election. (2) If the Tribunal determines that a candidate returned as elected, was not duly elected on the ground that he did not score the majority of
lawful votes cast at the election then the election tribunal shalldeclare as elected the candidate who scored the majority of lawfulvotes cast at the election. (3) In this section “Tribunal” means an Election Tribunal or an Election Appeal Tribunal. Candidate returned to hold office pending determination of appeal etc.42. If the election tribunal determines that a candidate returned as elected was not duly elected, then if notice of appeal against that decision is givenwithin 21 days from the date of the decision, the candidate returned shall, notwithstanding the contrary decision of the election tribunal, be deemed duly returned pending the determination of the appeal or the lapsing of the appeal, whichever first happens.43. The rules of procedure to be adopted for election petitions and appeals arising out of the petitions shall be those set out in Schedule 5 to this Law.
Voter not required to disclose his vote44. Subject to the provision of this Law, no person who has voted at an election held under this Law shall, in any legal proceedings arising out of the election, be required to state for whom he voted. Election may be postponed if disturbances thereof45.(1) Where a date has been appointed for the holding of an election and thereis reason to believe that a serious breach of the peace is likely to occur if the elections as a result of natural disaster 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 election, provided that such reason for the postponement is cogent and verifiable.(2) Where an election is postponed under this Law on or after the last date for the delivery of nominated papers and a poll has to be taken between the candidates nominated, the electoral officer shall, on a new date being appointed for the election, proceed as if the date appointed were the datefor the taking of the poll between the candidates.
(3) Where the Commission appoints a substituted date in accordance with subsections (1) 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 by voting in the area or areas in respect of which substituted dates have been appointed, direct that a return of the election be made.(5) The decision of the Commission under subsection (4) may be challenged by any of the contestants at a tribunal of competent jurisdiction and on such challenge, the decision shall be suspended until the matter is determined. Custody and Inspection of documents46. (1) The Electoral Officer shall retain for six months, all documents relating to an election forwarded to him in accordance with this Law and shall then, unless – (a) otherwise ordered by Election Tribunal; or (b) he is aware that legal proceedings are pending in respect of the election, cause them to be destroyed. (2) An order for an inspection of a polling document or any other material in the custody of an Electoral Officer may be made by the Tribunal if it is
satisfied that the order required is for the purpose of instituting or maintaining an election petition. (3) An order for the opening of a polling document or any other material for inspection may be made by the Tribunal in the course of proceedings in an election petition. (4) An order under this section may be made subject to such conditions as the Tribunal may think expedient. (5) A document, other than a document referred to in subsection (2) of this section relating to an election and which is retained by the Electoral Officer in accordance with subsection (1) of this section, shall be open toinspection on an order made by a Tribunal in exercise of its powers to compelthe production of documents in legal proceedings, but shall not otherwise be open to inspection. Remuneration for election officials47. (1) The Commission may prescribe: (a) a scale of remuneration for officers appointed under this Law for the conduct of elections; and (b) a scale of maximum charges in respect of other expenses incurred by an Electoral officer, a presiding officer, a returning officer in
connection with the conduct of election, and may revise the scales as it thinks fit. (2) An Electoral Officer, a Presiding Officer, returning Officer shall, in addition to any remuneration prescribed under paragraph(a) of Subsection (1) of this section, be entitled to such sums in respect of expenses, not exceeding the prescribed scale in connection with the conduct of an election as are reasonable. Validation of orders, notices etc.48. Notwithstanding any defect or error in any notice, form or document previously made or given or other thing whatsoever done in pursuance of validated for all purposes with effect from the date on which it was-made, given or done. PART IX – MISCELLANEOUS PROVISIONSThe forms set out in Schedule 6 to this Law may with such modifications as theCommission may think expedient, be used for the purposes of Local Governmentelections with respect to the matters contained therein. Repeal49. The Ekiti Electoral Laws No. 5 of 2001 and all subsequent amendment thereto are hereby repealed.
SCHEDULES SCHEDULE I LOCAL GOVERNMENT AREA COUNCILS OF EKITI STATE OF NIGERIA Local Government Area/Councils Headquarters of Local Government AreasADO ADO – EKITIEKITI EAST OMUO – EKITIEKITI SOUTH WEST ILAWE – EKITIEKITI WEST ARAMOKO – EKITIEFON – ALAAYE EFON – ALAAYEEMURE EMURE – EKITIGBONYIN ODE – EKITIISE/ORUN ISE – EKITIIDO/OSI IDO – EKITIIJERO IJERO – EKITIIKERE IKERE – EKITIIKOLE IKOLE – EKITI
IREPODUN/IFELODUN IGEDE – EKITIILEJEMEJE IYE – EKITIMOBA OTUN – EKITIOYE OYE - EKITI SCHEDULE 2 OATH OATH OF ALLEGIANCEI do solemnly swear / affirm that I will be faithful and bear true allegiance to theFederal Republic of Nigeria: that as the Chairman / Vice Chairman / Leader /Deputy Leader / Councilor or /Supervisor of Local Government Council, willdischarge my duties to the best of my ability faithfully and in accordance with theConstitution of the Federal Republic of Nigeria and the law, and always in theinterest of the sovereignty, integrity, solidarity, well-being and prosperity of theFederal Republic of Nigeria: that I will live to preserve the Fundamental objectivesand Directive Principles of State Policy contained in the Constitution of theFederal Republic of Nigeria: that I will exercise the authority vested in me asChairman / Vice-Chairman / Leader/ Deputy Leader / Councilor /Supervisor so asnot impede or prejudice the authority lawfully vested in the President andCommander – in – Chief of the Armed forces of the Federal Republic of Nigeriaand Government of Ekiti State of Nigeria and so as not to endanger thecontinuance of Federal Government of Nigeria: that I will not allow my personalinterest to influence my official conduct or my official decisions: but I will to thebest of my ability preserve, protect and defend the Constitution of the Federal
Republic of Nigeria; that I will abide by the code of conduct as contained in thecode of conduct bureau and tribunal act; that in all circumstances, I will do rightto all manner of people, according to law without fear or favour, affection or ill –will; that I will not directly or indirectly communicate or reveal to any person anymatter which shall be brought under my consideration or shall become known tome as Chairman / Vice – Chairman / Leader / Deputy Leader / Councilor /Supervisor of …………… local Government council except as may be required forthe due discharge of my duties as Chairman / Vice – Chairman / Leader / DeputyLeader / Councilor / Supervisor and that I will devote myself to the service andwell – being of the people of Nigeria. So help me God.
SCHEDULE 3 Sections 10 and 11 APPOINTMENT AND SUPERVISION OF OFFICERS:1. (1) For each Local Government area, there shall be an electoral officer who shall be appointed by the Commissioner. Appointment of Electoral officer (2) An Electoral Officer can be appointed by name or by reference to an office and shall hold office until his appointment is revoked (3) The Commissioner may, in any case it considers expedient, appoint more than one Electoral Officer for a Local Government Area and shall specify the part of the Local Government Area for which each electoral officer is responsible and in relation to that part of the Local Government Area the Electoral Officer shall have and exercise the functions of the Electoral officer. (4) A person may be appointed by the Electoral Officer of more than one Local Government Area.2(1) The Commissioner may appoint a person to be Assistant Electoral Officer for the conduct of an election for a Local Government Council and a person so appointed shall in respect of that election have the sanctions imposed or conferred by this Law on the Electoral Officer as the Commission may determine.
(2) The Commission shall for the purpose of election appoint such returning officer, Assistant Returning Officer, Presiding Officers and such other officers as are required to be appointed under this Law in each Local Government Area. (3) A person appointed as an Assistant Returning officer under the provisionsof this paragraph shall have the functions imposed or conferred by this Law on a Returning Officer. (4) A person may be appointed as a Returning Officer of one or more Local Government Area. (5) For an election, the Electoral officer or the Assistant Electoral Officer may be appointed to act as a Returning officer. 3. Supervision of other officer by Electoral Officers An Electoral Officer shall exercise supervision over acts of officers as are appointed under paragraph 4 of this Schedule in his Local Government Area and may, subject to this Law or any instructions issued by the Commission, give directions to such officers with regard to theperformance of their functions.
Appointment of Officer to exercise supervisory functions over conduct of election.4. The Commission may appoint, in respect of an area of the State, an Officer or Officers (by whatever name called) to exercise supervisory functions under the directions of the Electoral officer, over the conduct of an election or of Elections generally, and that officer shall have such powers and duties as shall be determined by the Commission.5. Electoral Officer to Conduct Election (1) Subject to the provision of this Law, the conduct of an election under this Law shall be vested in the Electoral Officer under the general supervision of the Commission. (2) The Electoral Officer may: (a) receive information from an officer appointed under this Schedule with respect to a matter relating to the functions of that officer under this Law: (b) Subject to the provisions of this Law, issue instructions to those officers with respect to the performance of their functions under this Law. (3) An Officer appointed under this Schedule shall comply with the requirements and instructions of the Electoral Officer under this paragraph.
Disqualification from membership of Local Government Council, etc.6. (1) A person who by reason of his holding or acting in an office has a responsibility for, or connection with the conduct of an election to a Local Government Council shall be disqualified from membership of the Local Government Council and from nomination as a candidate therefore whilehe holds or acts in that office- (2) No official or staff of the Commission shall contest or vote at an election.7(1) All staff appointed by the Commission taking part in the conduct of an election shall affirm or swear before the High Court an Oath of Neutrality as may be prescribed by the Commission. (2) All Electoral Officers, Presiding Officers, Returning Officers and all staff appointed by the Commission taking part in the conduct of an election shall affirm or swear to 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 interest of Ekiti State andthe Federal Republic of Nigeria without fear or favour.8(1) The Commission shall for the purpose of an election appoint and designate such officers as may be required provided that no person who is a member
of the political party or who has openly expressed support for any candidate shall be so appointed.(2) The officers appointed under paragraph 8(1) shall exercise such functions and duties as may be specified by the Commission, in accordance with the provisions of this Law, and shall not be subject to the direction or control of any person or authority other than the Commission in the performance of their functions and duties.
SCHEDULE 4 Section 11, 33 and 44 PROCEDURE AT ELECTIONS Notice of elections 1(1) The Commission shall not later than 90 days before the day appointed for holding of an election under this Law publish a notice – (a) Stating the date of the election; and (b) Appointing the place at which nomination papers are to be delivered. (2) The notice shall be published in each Ward or Local Government in respect of which an election is to be held. (3) In the case of a bye- election, the Commission shall, not later than 14 days before the date appointed for the election publish notice stating the dateof the election. 2. List, Screening, Clearance, etc of candidate (1) Every political party shall not later than 90 days before the date appointed for an election under the provisions of this Law,submit to the Commission (a) In Form EKSC.F. 001 set out in Schedule 6 of this Law, the personal particulars of their candidates for the election as supplied by the candidates; and the Commission shall within 7 days of the receipt of
the personal particulars of the candidate publish same in the Ward or Local Government the candidate intends to contest the election, and (b) In Form EKSC.F.002 set out in Schedule 6 to this Law lists of all the candidates the political party proposes to sponsor at the election in each Local Government Area. (c) The list or information submitted by each candidate shall be accompanied by an affidavit sworn to by each candidate at the High Court of a State, indicating that he has fulfilled all the constitutionally requirements for election into that office. (d) Any person may apply to the Commission for a copy of nomination form, affidavit and any other document submitted by a candidate atan election and the Commission shall, upon payment of a prescribedfee, issue such person with a certified copy of the document within14 days. (e) Any person who has reasonable grounds to believe that any information given by the candidate is false may file a suit at the High Court of the State against such person seeking a declaration that the information contained in the affidavit is false. (f) If the High Court determines that any of the information contained in the affidavit or any document submitted by that candidate is
false, the Court shall issue an order disqualifying the candidatefrom contesting the election. (g) A candidate for an election shall, at the time of submitting Form EKSC. F.001 set out in Schedule 6 of this Law, furnishes the Commission with an identifiable address in the Local Government Area where he intends to contest the elections at which address all documents and court processes either the Commission or any other person shall be served on him. (h) A political party which presents to the Commission the name of a candidate who does not meet the qualifications stipulated in the Law shall be guilty of an offence and on conviction shall be liable toa maximum fine of N500, 000.00. (2). The Commission shall, not later than 21 days after receipt of the lists, referred to in sub-paragraph (1) (b) of this paragraph, delivered to the political party: (a) In Form EKSC. F. 003 set out in Schedule 6 to this Law, a list of the candidates who are adjudged qualified to contest the election; and (b) Where applicable, in Form EKSC.F.004 set out in Schedule 6 to this Law, a separate list of the candidate rejected by the Commission.
(3). Where a candidate is rejected, the commission shall afford the politicalparty concerned an opportunity, subject to the other provisions of this Law, of substituting another candidate for the candidate so rejected. Nomination of Candidate 3. (1) Each candidate for the post of:- (a.) A Councilor shall be nominated in writing by 10 persons whose names appear on the register of voters for the ward in respect ofwhich an election is to be held; and (b.) A chairman shall be nominated by 10 persons whose name appearon the register of voters in each of at least two – thirds of the Ward, in the Local government Area in respect of which the election is to be held. (c.) No party shall be allowed to change or substitute its candidate whose name has been submitted pursuant to paragraph 3 (1) ofSchedule 4 to the Principal Law, except in the case of death orwithdrawal by the candidate.
Form EKSC.4F or 4G Schedule 6 (2) The nomination may be as in Form EKSC. 4F or 4G set out in Schedule 6 of this Law and shall be subscribed by the candidates and by the persons nomination him and contain the following contain – (a) The name, address and occupation of the candidate (b) The names, addresses and occupation of the nominators of the candidates; and (c) A certification by the candidate that is willing and qualified to stand for the election. (3) The Electoral Officer or Assistant Electoral officer shall provide nomination papers and shall supply a candidate with such number of nomination papers as he may require, and may at the request of the candidate, all his nomination, being present, complete the nomination papers on behalf of the candidate. (4) Each candidate or one of the persons nominating him shall deliver his nomination paper subscribed as in Sub-paragraph (2) of this paragraph at the place appointed by the Electoral Officer under paragraph 1 of this Schedule not later than 5’0 clock in the afternoon of the fourteenth day before the election.(5) No person shall subscribe as a nominator to more than one nomination paper at the same election and, if he does, his signature shall be invalid,
so however, that no account shall be taken of the nomination of a candidate who has died before or withdrawn or whose nomination has not been accepted as valid before the delivery of the second nomination paper. (6) No person who has subscribed a nomination paper as a nominator may, so long as the candidate stands nominated, withdraw his nomination. (7) A candidate for an election who so desires may deliver along with the nomination paper such number of posters containing his photograph and symbols of the political party sponsoring him, but the duty of pasting a candidate’s poster or photograph at the polling station or unit and other places shall be that of the candidate or his agents. (8) Any person who contravenes sub-paragraph (5) of this paragraph shall be guilty of an offence and on conviction be liable to a maximum fine of N100,000.00 or imprisonment for three months or both but his action shall not invalidate the nomination.4. Validity of Nomination(1) When a nomination paper is delivered, the candidate shall be deemed to stand nominated, unless and until – (a) Proof is given to the satisfaction of the Electoral Officer of the candidate’s death; or (b) He withdraws his candidature or dies as specified in paragraph 7 or 8 of this Schedule.
(2) The Electoral Officer shall be entitled to hold the nomination paper invalid only on one or more of the following grounds- (a) that particulars of the candidate or his nominators are not asrequired by law; or (b) that the nomination paper is not signed as required by law; or (c) that the candidate has been nominated in more than one ward orLocal Government Area, as the case may be; or (d) that the nominators of the candidate or one or more of them are not persons whose names appear on the register of the voters in respectof the appropriate Ward or Local Government Area; or (e) that the candidate is disqualified under the provision of Section 5 of this Law.(3) The Electoral Officer’s decision that the nominator of the candidate is invalid shall be binding.(4) Whenever the Electoral Officer decides that a candidate has not beenvalidly nominated, he shall endorse and sign on the nomination paper thefact and reasons for his decision, and that decision shall only be subject toreview by an election tribunal as provided for in this law.
(5) Form EKSEC.5 Schedule 6 The Electoral Officer shall, within 48 hours of the receipt of a nomination paper, communicate in writing in Form EKSEC.5 set out in Schedule 6 to this law to the candidate or to one of the persons nominating the candidateor by passing at the notice board at the Commission’s Office, his decision as to the validity or otherwise of the nomination.(6) A candidate whose first nomination paper is adjudged to be invalid by the Electoral Officer shall be permitted to submit a second nomination paper within a specified time.5. The Electoral Officer shall, not later than 30days before the day of election publish by displaying it or causing it to be displayed at the place or places appointed for the delivery of nomination papers and in such other manneras he may thinks fit, a statement of the full names of all candidates standing nominated and of the persons nominating them with their respective addresses and occupations.6. A candidate may withdraw his candidature by notice in writing signed by him, and delivered by himself to the political party that nominated him for the election and the political party shall convey such withdrawal to the Commission not later than 45 days to the election.
7. Death of Sole Candidature (1) If after the latest time for the delivery of nomination papers andbefore the commencement of the poll, a nominated candidate dies,the Chairman of the Commission shall, being satisfied of thefact of the death countermand the poll in which the deceasedcandidate was to participate and the Commission shallappoint some other convenient date for the election within 14days. (2) The list of voters to be used at a postponed election shall be the official voters register, which was to be used if the election hadnot been postponed.8. Invalidity of double nomination If a nomination form signed by a candidate and by the persons nominating him is lodged in more than one ward or local government, his candidature shall be void in each Ward or Local Government.9. Extension of time for nomination and uncontested election of Chairman(1) If at the close of the nomination in an election to the office of theChairman–
(a) Only one candidate has been nominated, the Commission shallextend the time fixed for nomination; or (b) A candidate is the only candidate by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidate, the Commission shall extend the time fornomination by 7 days. So however that where after the extension only one candidate remains nominated, there shall be no further extension(2) If after the latest time for the delivery of nomination paper, the withdrawal of candidates and the extension of the time as provided in Sub-section(1)(a) and (b) of the paragraph for election to the office of the Chairman,only one candidate remains duly nominated, that candidate shall be declaredreturned unopposed.(3) If after the expiration of time for delivery of nomination papers and withdrawal of candidates and the extension of time as provided for in this law, there is only one person whose name is validly nominated in respect of an election, other than to the office of the Chairman or Councilor, that person shall be declared elected.
Contested election of Chairman10. (1) 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 vote cast at the election; and (b) he has not less than one quarter of the votes cast at the election in each of at least two-thirds of all the Wards in the Local Government Area. (2) A candidate for an election to the office of the Chairman shall be deemed to have been duly elected where, there being more than two candidates for the election- (a) he has the highest number of votes cast at the election; and (b) he has not less than one – quarter of the votes cast at the election in each of at- least two-thirds of all Wards in the Local Government Area as the case may be. (3) If no candidate is duly elected in accordance with Sub-paragraph (1) and (2) of this paragraph, there shall be a second election in accordancewith Sub-paragraph (4) of this paragraph at which the only candidatesshall be:
(a) the candidate who scored the highest number of votes at theelection held under Sub-paragraph (1) and (2) of this paragraph;and (b) the candidate who has the majority of the vote in the highestnumber of Wards, so however that where there are more thanone candidate, the one among them with the highest number ofvotes cast at the election shall be the second candidate for theelection. (4) The Commission shall, within 30days of the result of the election in which no candidate is duly elected under Sub-paragraph (2) of this paragraph, arrange for another election between the two candidate shownin Sub-paragraph (3) of this paragraph and the candidate shall be deemed duly elected if – (a) he has a majority of the votes cast at the election, and (b) he has not less than one-quarter of the votes at the election in eachof the least two-thirds of the Wards in the Local Government Area. (5) If no candidate is duly elected under Sub-paragraph (4) of this paragraph, the Commission shall, within 7 days of the result of the election,
arrange for another election between the two candidates shown in Sub- paragraph (3) of this paragraph, and a candidate at this last election shallbe deemed duly elected if he scores the majority of votes cast at the election. (6) For the purpose of an election under this paragraph, a Local Government Area shall be regarded as one Constituency.11. Uncontested election of Councilor If after the latest time for the delivery of the nomination papers and the withdrawal of candidate for an election to the office of Councilor, only one candidate remains duly nominated, that candidate shall be declaredreturned unopposed.12. Contested election of Councilor If after the latest time for the delivery of nomination papers and for the withdrawal of candidates for an election to the office of Councilors; more than one person remain validly nominated, a poll shall be taken in accordance with the provisions of this Schedule.
13. Issue of certificate of return to persons returned unopposed Where a candidate is declared elected unopposed, a certificate of return shall be issued to him by the commission and the return shall be published along with the returns of other successful candidates at the election.14. Where no candidate remains nominated in any Ward or Constituency onthe date appointed for the election, the Commission shall fix another date forthe election.15. Ascertainment of result of poll The result of the poll shall be ascertained by counting the votes cast foreach candidate at the election.16. Arrangement of contested election Schedule 3.(1) For every contested election under this Law, a poll shall be taken and a presiding Officer appointed by the Commission shall be in charge of each polling station or unit.
(2) The Commission shall- (a) appoint sufficient number of polling stations or unit in each Ward or constituency in respect of which a poll is to be taken and allot the voters of the Wards or Constituencies to the polling stations or units; (b) assign, in respect of each polling stations or unit to assist at the taking of the poll, Poll Clerks and Orderlies appointed by the Commission; (c) ensure that each polling station or unit there is a compartment in which voters record their votes in secret. (d) furnish each Presiding officer with such ballot boxes or other containers and ballot papers as may be required for the poll. (e) provide each polling station with pens, ink pads, ink, appropriate register of voters and such other things as may be required for the poll; and (f) do such other acts and things as may be necessary for conducting the election in the manner prescribed by this Law.(3) The Commission shall- (a) appoint polling stations or units in respect of each Ward or Constituency in which the election is to be held; and
(b) allot voters of the Ward or Constituency to the appropriate polling station or unit, in a way that no voter shall be made to travel an unreasonable long distance to cast his vote.17. Form of ballot paper Every ballot paper shall- (a) Be a printed paper on which the symbol adopted by every political party and duly registered as prescribed by law shall be clearly set out and have a blank space at the right side of the symbol on which a thumb impression can conveniently be made. (b) Have a serial number printed or stamped on its back; (c) Be attached to a counterfoil bearing the same serial number as is printed or stamped on its back.18. Polling Agent (1) Each candidate may appoint one person as polling agent. (In this Schedule referred to as “Polling Agent”) to attend at each polling station or unit in the area in which he is a candidate for the purposeof detecting impersonation.
(2) Notice in writing of the appointment of polling agents stating their names and addresses and the polling stations, or units to which they have been assigned shall be given by the candidate to the Electoral Officer not later than 2days before the day fixed for the election. (3) If a Polling Agent dies or becomes incapable of acting as a Polling Agent, the candidate may appoint another Polling Agent in his place and shall forthwith give to the Electoral Officer notice in writing of the name and address of the Polling Agent as appointed.19. Notice of Poll (1) The Electoral Officer shall on or before the 14 days before the day of an election cause to be published in every Ward or Constituency in which the elections to be held, in such manner as he may think fit, a notice specifying- (a) the day and the hour fixed for the poll; (b) the full names, arranged in alphabetical order of their surname, place of residence and occupation of each candidate remaining nominated, and;
(c) the location of the polling station or unit in the Ward or Constituency and an indication of the persons entitled to vote at the polling station or unit. (2) The hours fixed for the taking of the poll shall be a continuous period as may be determined by the Commission.20. Ballot boxes The Presiding Officer shall cause to be placed in the polling station or unit ballot boxes which shall be so constructed that the ballot papers can be put in them by the voter but cannot be withdrawn by him.21. Sealing of ballot boxes Immediately before the commencement of the voting, the Presiding Officer at the Polling Station or unit shall show the ballot boxes empty to such persons as may lawfully be present so they see that they are empty andshall then opened without breaking the seal.
22. Sealing of Poll (1) The voting of an election shall be conducted in the following manner that is- (a) every voter desiring to record his vote shall present himself to a Poll Clerk at the Polling Station or unit at which he is entitled to vote and the Poll Clerk shall after satisfying himself that the voter- (i) is a person whose name appear on the register of voters provided for the polling station; and (ii) has not already voted, deliver to him ballot papers; (b) before delivering the ballot papers to a voter, the Presiding officer may require the voter to submit to being searched by the Presiding officer or a person directed by him for the purpose of ensuring that a ballot paper relating to the election is not in the possession and a voter who refuses to submit to a search shall not be entitled to receive the ballot papers; (c) a female voter shall not be searched except by a female person; (d) for the purpose of satisfying the Poll Clerk as to his entitlement to vote, a voter shall produce to the poll clerk a registration card issued to the voter during registration of voters carried out by the Commission;
(e) immediately before the Poll Clerk delivers the ballot papers to a voter- (i) the ballot papers shall be punched or stamped with an official stamp provided; (ii) the number, name, address and occupation of the voter as stated in the copy of the register of voters or part of the register of voters, shall be called out; (iii) the number of the voter in the register of voters shall be marked on the counterfoil, and (iv) a mark shall be placed against the number of the voter in the copy of the register of voters or part of the register of voters, to denote the ballot papers have been received by the voter but without showing the serial number of the ballot papers which have been received;(g) a Poll Clerk may, and if required by the candidate or a Polling Agent shall, put to any person applying for the ballot papers at the time of his application but not afterwards, the following questions or either of them
(i) “Are you the person whose name is on the register of the voters as follows?” (ii) “Have you already voted at the present election at this or any other polling station or unit?”(g) a voter shall, on receiving the ballot papers, go immediately into the screened compartment in the polling station or unit and their secretly record his vote by placing his thumbprint against the symbol of the candidate of his choice;(h) a voter shall after recording his votes, come of the screened compartment and put the ballot papers in the ballot box in full view of the Presiding officer and all others present;(i) Where a voter makes any writing or mark on a ballot paper by which he may be identified, such ballot paper shall be rejected provided that any print resulting from the staining of the thumb of the voter in the voting compartment shall not be or be deemed to be mark of identification under this law;(j) a voter who defaces a ballot paper issued to him shall deliver the defaced ballot paper to the Presiding Officer who shall promptly marked the ballot paper as cancelled and issue another ballot paper to the voter;
(k) immediately after recording his vote, a voter shall submit to having the finger nail of his left thumb marked with ink sufficiently indelible to leave a mark for a period of approximately ten hours;(l) a voter who suffers from blindness or from any other physical disability may be accompanied by such friend or relative as he may choose who shall after informing the Presiding Officer, be permitted in the presence of the voter alone to place the voter’s thumbprint against the voter’s candidate of choice;(m) the commission may take necessary steps to ensure that voters with disabilities are assisted at the polling place by the provision of suitable means of communication, such as Braille, large embossed print or electronic device or sign language interpretation or self-site voting in appropriate cases.(2) A vote shall not be recorded except by his attending in person at the polling station and recording his vote in accordance with this paragraph.(3) No voter shall vote for more than candidate or record than one vote in favour of any candidate at any one election.(4) Where the votes cast at an election in any polling unit exceed the number of registered voters in the polling unit, the result of the election for that polling unit, shall be declared null and void by the
Commission and another election may be conducted at a date to be fixed by the Commission. (5) Where an election is nullified in accordance with sub-paragraph (4) of this paragraph, there shall be no return for the election until another poll has taken place in the affected areas. (6) Notwithstanding the provisions of sub-paragraphs (4) and (5) of this paragraph of the commission may, if satisfied that the result of the election will not substantially be affected by voting in the area where the election is cancelled, direct that a return of the election be made.23. Voter not permitted to vote in polling station not allocated to him (1) No voter shall be permitted to vote at a polling station or unit otherthe one to which he is allotted. (2) The Presiding Officer shall regulate the admission of voters to the polling station or unit, and shall exclude all other persons except candidate’s polling agents, polling officers and other persons who in his opinion have lawful reason to be admitted.
24. Impersonation by applicant for ballot paper(1) If at a time a person applies for a ballot paper, or after he has so appliedand before he has left the polling station, the polling agent declares to the presiding officer that he has reasonable cause to believe that the personhas committed the offence of impersonation and undertakes to substantiatethe charge in a court of Law, the Presiding Officer may order a police officer to arrest that person and the Presiding Officer’s order shall be sufficient authority for the police officer so to do.(2) A person in respect of whom a Polling Agent makes a declaration in accordance with the provisions of sub-paragraph (1) of this paragraph shall not, be reason of the declaration, be prevented from voting but thePresiding Officer shall cause the word “protested against for impersonation” tothe place against his name in the marked copy of the register of voters or partof the register of voters.(3) Where a person against whose name the word specified in sub-paragraph (2) of this paragraph are placed admits to the Presiding Officer that he isnot the person he held himself out to be, he shall not be permitted to vote if he had not already voted, and if he had already voted, the Presiding Officer shall make a note of the number of the ballot paper delivered to him andon the count being taken that ballot paper shall be invalid.
(4) A person arrested under the provisions of this paragraph shall be deemedto be a person taken into custody by a police officer for an offence in respectof which he may be arrested without warrant.25. Tendered ballot paper(1) If a person presenting himself to be a voter named in the register of voter applies for the ballot paper after another voter had voted as that personthe person shall, on giving satisfactory answers to the questions set out inparagraph 23 (1)(f) of this Schedule, be entitled, if he wishes to receive a ballotpaper in the same manner as any other voter.(2) A ballot paper received under sub-paragraph (1) of this paragraph (In this paragraph referred to as a “tendered ballot paper” shall, instead of beingput into a ballot box-) (a) be given to the Presiding Officer and endorsed by him with the name of the voter and his number in the register of voters; and set aside in one of a number of separate packets; each of which shall correspond to and bear the “same” mark as one of the ballot boxes provided in accordance with paragraph 21 of this Schedule and shall not be counted by the Presiding Officer.(3) The name of the voter and his number on the register of voters shall be entered on a list to be called the tendered voters list, and this list shall be admissible in any legal proceedings arising out of the election.
26. Conduct at the polling station(1) The Presiding Officer shall ensure compliance with the provision of this Law at the polling station or unit(2) If a person misconducts himself in the polling station or unit, or fails toobey a lawful order of the Presiding Officer, the Presiding Officer may order the person to be removed from the polling station or unit by any police or byany other person authorized in writing by the Presiding Officer in that behalf,(3) A person so removed shall not, without the permission of the Presiding Officer again enter the polling station or unit during the day of the election and if charged with the Commission of an offence in that station, theperson shall be deemed to be a person taken into custody by a police officerfor an offence in respect of which he may be arrested without warrant.(4) The provision of sub-paragraph (3) of this paragraph shall not be enforced so as to prevent a voter who is otherwise entitled to vote at a pollingstation or unit from having an opportunity of so voting.27. Adjournment of poll in case of riot(1) When the proceedings at a polling station or unit are interrupted or obstructed by riot or violence, the Presiding officer may adjourn the
proceedings till the following day and shall forthwith give notice of the adjournment to the Electoral Officer.(2) When the poll is adjourned at a polling station or unit- (a) the hours of polling on the day to which it is adjourned shall be the same as for the original day; and (b) reference in this Schedule to the close of the poll shall be constructed accordingly.28. When the prescribed hour for the closing of the poll has been reached, the Presiding Officer shall declare the poll closed and no more people shall be admitted to the polling station or unit but those persons already inside the polling station or unit shall be permitted to vote.29. Counting of vote(1) The Presiding Officer shall, after the close of poll, open the ballot box and empty its contents in the present of the polling clerk, poll orderly,candidates or their agents and begin to count the votes with the ballot paperkept face upwards.(2) During the counting of the votes, all rejected ballot papers shall be put in a special envelope.
(3) Form EKSEC 6A and 6A (1) Schedule 6 The votes scored by each candidate shall be entered in a statement ofresult form as in Form EKSEC 6A or EKSEC 6A (1) set out in the Schedule 6 to this Law which shall be signed and stamped by the Presiding Officer and endorsed by the candidates or agents, where available, at the pollingstation or unit and the Presiding Officer shall equally announce the results atthe unit.(4) The Presiding Officer shall give a copy of the statement of result form to the police officer, if any, at the polling station or unit and take original copy to the Returning Officer at the ward Collation center together, with the ballot boxes, the relevant envelopes and all other election materials including the stamp, stamp pad and endorsing ink.(5) Form EKSEC 6(B) Schedule 6 The result of the councillorship election shall at the Ward Collation Centre be entered in Form EKSEC 6B (1) set out in Schedule 6 to this Law and announced by the ward Returning Officer.(6) Form EKSEC 6B Schedule 6 The result of chairmanship election shall at the ward Collation Centre be entered in Form EKSEC 6B set out in Schedule 6 to this Law and
announced by the ward Returning Officer and taken to the Local Government Collation Centre.(7) Form EKSEC 6C Schedule 6 The result of chairmanship election shall at the Local Government collation Centre be entered in Form EKSEC 6C set out in Schedule 6 to this Law and announced by the Returning Officer.(8) Subject to Sub-paragraph (9) of this paragraph, a ballot paper which does not bear the official mark shall not be counted.(9) If the Returning Officer is satisfied that a ballot paper which does not bear the official mark was from a book of ballot papers which was furnished to the Presiding Officer of the polling station or unit in which the vote was cast for use at the election in question, he shall notwithstanding the absence of the official mark count that ballot paper.30. Endorsement by Presiding Officer(1) The Presiding Officer shall endorse the word “rejected” on a ballot rejected under the provisions of Paragraph 30 of this Schedule and that ballot paper shall not be counted.(2) If an objection to the decision of the Presiding Officer is made by a candidate or his agent, the presiding Officer shall add to the endorsement words “rejection objected to”.
31. Statement of rejected ballot papers(1) The Presiding Officer shall prepare a statement showing the number of ballot papers rejected and shall on request allow a candidate or his agent to copy the statement.(2) No candidate or his agent shall record the serial number of a rejected ballot paper which he sees during counting.32. Returning Officer’s Decision The decision of the Presiding Officer to a question arising in respect of a ballot paper shall be final, and shall be subject to review only on an election petition questioning the election.33. Recount A candidate and his agent may, if presented when the counting or arecount of the votes is completed by the Presiding Officer, demand to havethe votes recounted, but the Presiding Officer may refuse to do so if in hisopinion the request is unreasonable.
34. Equality of votes When there is an equality of votes between candidates so that the additionof the vote would entitle any of the candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lotand proceed as if the candidate on whom the lot falls had received anadditional vote, and shall declare that candidate to be elected.35. Publication result of election The Returning Officer shall cause to be posted at the office of the Local Government Council concerned a copy of the notice of the result of the elections in the Local Government Area.36. Custody of documents The Returning Officer shall deliver all documents relating to the conduct of the election to the Electoral Officer who shall ensure their safe custody.
37. A poll clerk may be authorized by the Presiding Officer to do an act which the Presiding Officer is required or authorized to do at a polling station or unit by this Law except that he may order the arrest of a person, or the exclusion or removal of a person from the polling station or unit.38. Non-attendance of agents not to invalidate proceedings Where in this Law an act or a thing is required or authorized to be done by or in the presence of the agents of the candidates, the non-attendance ofan agent at the time and place appointed for the purpose shall not, if the actor thing is otherwise properly done, invalidate the act or thing done.39. Sealed certificate of return to be issued to successful candidates(1) A sealed Certificate of Return at an election in the form set out in schedule6 under this Law shall be issued within 7days to every candidate who haswon an election under this Law; provided that where the Election Appeal Tribunal nullifies the certificate of Return of any candidate, the Commission shall within 48hours after the receipt of the order of that Tribunal issue the successful candidate with a valid certificate of return.(2) Where the Commission refuses and or neglects to issue a Certificate of Return, a certified true copy of the order of the Election Appeal Tribunal
shall, ipso facto, be sufficient for the purpose of swearing-in a candidate declared as the winner by that tribunal.40. Reference to Form Schedule 6 Reference to a Form in this Schedule is reference to the Form as set out in Schedule 6 to this Law.
SCHEDULE 5 PROCEDURE FOR ELECTION PETITIONInterpretation1. In this Schedule “Attorney-General” means the Attorney-General of the State. “Civil Procedure Rules” means the High Court (Civil Procedure) rules, or Rules of court amending or replacing those Rules; “Election” means the election in respect of the Ward, Constituency or Local Government Area to which an election petition relates; “Election Tribunal” means the Local Government Council Election Tribunal; “Registrar” means the registrar in charge of the Registry, or if he is absent, the senior clerk present at the Registry; “Registry” means a Registry of the Local Government Council Election Tribunal; “Tribunal Notice Board” means a notice board at the Registry and where notice of hearing is being or has been given, a notice board at the place of hearing.
Hearing and determination of petition2. (1) An election petition shall be heard and determined within six months from the date on which the petition is filed. (2) An appeal arising from the decision of the Election tribunal on an election petition shall be heard and determined within threemonths. Security for costs3. (1) At the time of presenting an election petition, the petitioner shallgive security for all costs which may become payable by him to awitness summoned on his behalf or to a respondent. (2) The security shall be of such amount not exceeding N500 as the Election Tribunal may order and shall be given by depositing the amount with the Election tribunal. (3) Where two or more persons join in the election petition, a deposit of N500 shall be sufficient.