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




                  NO. 17 OF 2011




               EKITI STATE OF NIGERIA.
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




                               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 Commission
established by the Ekiti State Independent Electoral Commission Law, 2011.

“Decision” means in relation to court or tribunal, any determination of that
court or tribunal and includes a judgment, conviction, sentence, order or
recommendation;


“Document” means Educational Certificate, Driver’s License, Tax
Clearance or any relevant documents for the purpose of conducting an
election;


“Electoral Officer” means regular staff of the Commission who is the head
of 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 State
Government or of a Local government Area, or any person or organ
exercising power or authority on its behalf;


“Oath” includes affirmation’

“Oath of Allegiance” means the Oath of Allegiance prescribed under
Schedule 2 to this law;
“Oath of office” means the Oath of Office prescribes under Schedule 2 to
this Law;


“Office” means any of the Political offices, the appointment to which is by
election under this Law;

“Petition” means election petition under this Law;

“Political Party” means a Political Party registered by the Commission and
shall include Political Parties provisionally registered by the Commission for
the purpose of Local Government Council elections under this Law;


“Polling Station” means the place, enclosure, booth, shade or house at
which 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 an
election 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 for
the   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 Units
4(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 a
registration                 card to be presented at the polling station or unit on the
day 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 the
Polling               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 Elections

6.   (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 or
Constituency;

     (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 Federation
or           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.

                                      Residence

7.    (1)    For the purpose of this Law, a person shall be deemed to be
ordinarily         resident in that place where he normally lives, sleeps and has
his 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 elections

8.    Candidates and their parties shall campaign for the elections in such
manner       and in accordance with such guidelines as the Commission may, from
time to time.
Date of Local Government Elections

9.      Elections to all the Local Government Councils shall be held on the same
        day throughout the State as directed by the Commission.




                                         Voting

10 (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 Officers




11.     The provisions set out in Schedule 3 to this Law shall have effect with
        respect to the appointment and supervision of officers and the other
matters        contained therein.




                           Rules of Procedures at Elections

12.     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.
Forms

13.     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 duty

14. (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 Offence

15.     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 etc

16. (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 1

17.   (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 about
to vote; or

        (c)   communicate to a person information obtained while assisting a
voter                as to the candidate for whom the voter has voted or is about
to vote; or

        (d)   communicate at any time to any person any information obtained in
a                    place of voting through whatever means as to the candidate
for 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 practice

18.   (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 impersonation

19.    (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 the
name         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 influence

20.   (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 section
relates at an                         election is guilty of undue influence.




                                         Threatening

21.   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 on
account               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.
Bribery

22.    (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 valuable
consideration to or                     for any voter, or to or for any person, in
order to induce the voter to                  vote or refrain from voting, or

       (ii)   corruptly does an act referred to in sub – paragraph on account of
that                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 to
procure,                    any office, place, employment to or for a voter or for a
person, 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 return
of a                person as a member of a Local Government Council or the vote
of a                voter; or




       (d)   in consequence of any gift, loan offer, promise, procurement or
                    agreement, procures or engages or promises or endeavour to
procure,                  the return of any person as a member of Local
Government 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 voting
at 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, etc

23. (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 procuring
the     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 practices

25.      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 registered

26.         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 register
of          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 paper

27. (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 result

28.         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 offences

29.         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 is
guilty 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 fine
and         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 this
Law                   for the purpose of making       official     announcement
relating to                         the election.




    (2)   No person shall on the date or dates on which a poll is to be taken at
a               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 polling
station               or unit or in a public or private place within a distance of
two                          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 meetings

33.         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 offences

35.   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 offences

36.   (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 a
period               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 Petition

38. (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”) presented
to      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 Petition

39.   (1)   An election petition may be presented by one or more of the
following          persons:




      (a)   a candidate at the election; or

      (b)   a Political Party which participated at election.




                 Grounds on which election may be questioned

40.   (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 excluded
from         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 not
be                           reviewed.




Power of Tribunal to nullify election of returned candidate with majority votes

41.    (1)   Subject to subsection (2) of this section, if the Tribunal determines
             that a          candidate returned as elected was not elected on any
ground,                      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 shall
declare               as elected the candidate who scored the majority of lawful
votes 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 given
within         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 vote

44.   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 thereof

45.(1) Where a date has been appointed for the holding of an election and there
is    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 date
for   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 documents

46. (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 to
inspection on an order made by a Tribunal in exercise of its powers to compel
the     production of documents in legal proceedings, but shall not otherwise be
        open to inspection.




                          Remuneration for election officials

47.      (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 PROVISIONS

The forms set out in Schedule 6 to this Law may with such modifications as the
Commission may think expedient, be used for the purposes of Local Government
elections with respect to the matters contained therein.




                                          Repeal

49.   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 Areas

ADO                               ADO – EKITI

EKITI EAST                       OMUO – EKITI

EKITI SOUTH WEST                 ILAWE – EKITI

EKITI WEST                       ARAMOKO – EKITI

EFON – ALAAYE                    EFON – ALAAYE

EMURE                            EMURE – EKITI

GBONYIN                          ODE – EKITI

ISE/ORUN                         ISE – EKITI

IDO/OSI                          IDO – EKITI

IJERO                            IJERO – EKITI

IKERE                           IKERE – EKITI

IKOLE                           IKOLE – EKITI
IREPODUN/IFELODUN                      IGEDE – EKITI

ILEJEMEJE                              IYE – EKITI

MOBA                                   OTUN – EKITI

OYE                                    OYE - EKITI




                                    SCHEDULE 2

                                       OATH

                              OATH OF ALLEGIANCE

I do solemnly swear / affirm that I will be faithful and bear true allegiance to the
Federal Republic of Nigeria: that as the Chairman / Vice Chairman / Leader /
Deputy Leader / Councilor or /Supervisor of Local Government Council, will
discharge my duties to the best of my ability faithfully and in accordance with the
Constitution of the Federal Republic of Nigeria and the law, and always in the
interest of the sovereignty, integrity, solidarity, well-being and prosperity of the
Federal Republic of Nigeria: that I will live to preserve the Fundamental objectives
and Directive Principles of State Policy contained in the Constitution of the
Federal Republic of Nigeria: that I will exercise the authority vested in me as

Chairman / Vice-Chairman / Leader/ Deputy Leader / Councilor /Supervisor so as
not impede or prejudice the authority lawfully vested in the President and
Commander – in – Chief of the Armed forces of the Federal Republic of Nigeria
and Government of Ekiti State of Nigeria and so as not to endanger the
continuance of Federal Government of Nigeria: that I will not allow my personal
interest to influence my official conduct or my official decisions: but I will to the
best 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 the
code of conduct bureau and tribunal act; that in all circumstances, I will do right
to 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 any
matter which shall be brought under my consideration or shall become known to
me as Chairman / Vice – Chairman / Leader / Deputy Leader / Councilor /
Supervisor of …………… local Government council except as may be required for
the due discharge of my duties as Chairman / Vice – Chairman / Leader / Deputy
Leader / Councilor / Supervisor and that I will devote myself to the service and
well – 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 provisions
of    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 the
performance       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 while
he    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 and
the   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 date
of       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 at
an           election and the Commission shall, upon payment of a prescribed
fee,               issue such person with a certified copy of the document within
14                 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 candidate
from 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 to
a                     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 political
party 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 of
which                  an election is to be held; and

        (b.)   A chairman shall be nominated by 10 persons whose name appear
on             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) of
Schedule 4 to                      the Principal Law, except in the case of death or
withdrawal 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 as
required                 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 or
Local             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 respect
of                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 been
validly    nominated, he shall endorse and sign on the nomination paper the
fact and   reasons for his decision, and that decision shall only be subject to
review 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 candidate

or   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 manner
as   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 and
before              the commencement of the poll, a nominated candidate dies,
the                        Chairman of the Commission shall, being satisfied of the
fact of the                death countermand the poll in which the deceased
candidate was to                        participate and the Commission shall
appoint some other convenient                        date for the election within 14
days.

      (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 had
not                 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 the
Chairman–
(a)   Only one candidate has been nominated, the Commission shall
extend            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 for
nomination 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 declared
returned 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 Chairman

10. (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 accordance
with         Sub-paragraph (4) of this paragraph at which the only candidates
shall be:
(a)   the candidate who scored the highest number of votes at the
election                  held under Sub-paragraph (1) and (2) of this paragraph;
and

      (b)   the candidate who has the majority of the vote in the highest
number                    of Wards, so however that where there are more than
one candidate,                  the one among them with the highest number of
votes cast at the               election shall be the second candidate for the
election.




      (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 shown
in    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 each
of          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 shall
be 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 declared
returned 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 on
the date appointed for the election, the Commission shall fix another date for
the election.




15. Ascertainment of result of poll

    The result of the poll shall be ascertained by counting the votes cast for
each      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 purpose
of                   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 and
shall 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 other
the         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 applied
and   before he has left the polling station, the polling agent declares to the
      presiding officer that he has reasonable cause to believe that the person
has   committed the offence of impersonation and undertakes to substantiate
the   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 the
Presiding   Officer shall cause the word “protested against for impersonation” to
the   place against his name in the marked copy of the register of voters or part
of    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 is
not   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 and
on    the count being taken that ballot paper shall be invalid.
(4)   A person arrested under the provisions of this paragraph shall be deemed
to    be a person taken into custody by a police officer for an offence in respect
of    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 person
the   person shall, on giving satisfactory answers to the questions set out in

paragraph 23 (1)(f) of this Schedule, be entitled, if he wishes to receive a   ballot
paper 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 being
put   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 to
obey 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 by
any      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, the
person         shall be deemed to be a person taken into custody by a police officer
for 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 polling
station        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 paper
kept 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 of
result 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 polling

station       or unit and the Presiding Officer shall equally announce the results at
the   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 a
recount     of the votes is completed by the Presiding Officer, demand to have
the votes   recounted, but the Presiding Officer may refuse to do so if in his
opinion the request is unreasonable.
34.   Equality of votes




      When there is an equality of votes between candidates so that the addition
of    the vote would entitle any of the candidates to be declared elected, the
      Returning Officer shall forthwith decide between those candidates by lot
and   proceed as if the candidate on whom the lot falls had received an
additional   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 of
an    agent at the time and place appointed for the purpose shall not, if the act
or    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 schedule
6     under this Law shall be issued within 7days to every candidate who has
won 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 PETITION

Interpretation

1.    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 petition

2.     (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 three
months.




                                 Security for costs

3.     (1)   At the time of presenting an election petition, the petitioner shall
give               security for all costs which may become payable by him to a
witness                   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.
(4)   If no security is given as required by this section there shall be no
              further proceedings on the election petition.




                           Presentation of election petition

4.      (1)   The presentation of an election petition shall be made by the
petitioner           (or petitioners if more than one) leaving it in person, or by the
hand of              the Solicitor, if any, named at the foot of the election petition,
with the             Registrar and the Registrar shall if so required give a receipt
which                      may be in Form EKSTF001 set out in Schedule 6 of this
Law.




                             Form EKSTF 001 Schedule 6

(2)     At the time of presenting the election petition, there shall also be left a
copy of the election petition for each respondent and seven other copies.

(3)     The Registrar shall compare the copy of the election petition sent in
        accordance with Sub-paragraph 2 above with the original petition and shall
        certify it as a true copy of the election petition on being certified by the
        comparison that it is a true copy of the election petition.

(4)     The Petitioner or his Solicitor shall, at the time of presenting the election
        petition, pay the fees for the service and the publications of the petitions
and   for certifying the copies and in default of the payment, election petition
shall not be received, unless the Tribunal otherwise orders.




                            Contents of election petition

5.    (1)   An election petition shall-

      (a)   specify the parties interested in the election petition;

      (b)   specify the right of the petitioner to present election petition;

      (c)   state the holding and result of the election, scores of the candidates
            and the person returned as the winner of the election;

      (d)   state clearly the facts and grounds relied on to sustain the prayer of
the         election petition.

      (2)   The election petition shall be divided into paragraphs each of which,
            as nearly as may be, shall be confined to a distinct portion of the
            subject and every paragraph shall be numbered consecutively, and
no                    cost shall be allowed for drawing up or copying an election
petition                   not substantially in compliance with the provision,
unless the election                    tribunal otherwise orders.

      (3)   The election petition shall further:-
(a)     conclude with a prayer, as for instance, that some specified person
               may be declared duly returned or elected or that the election may be
                     declared duly returned or elected or that the election may be
declared                    void, as the case may be ; and

       (b)     be signed by the petitioner (or all petitioners if more than one) or by
               the solicitor (if any) named at the foot of the election petition;

       (4)     At the foot of the election petition there shall be stated – an address
               for service within the judicial division, and the names of the occupier,
                     at which address documents intended for the petitioner may
be left.

       (5)     If an address for the service and its occupier are not stated that
                     petition shall not be filed, unless the Election Tribunal
otherwise                   orders.

       (6)     At the foot of the election petition there shall be added a note signed
                     by the petitioner giving the name of his solicitor, if any, or
stating that         he acts for himself as the case may be.

                              Form EKSTF 002 Schedule 6

       (7)     The Form EKSTF 002 set out in Schedule 6 of this Law or one to
               the link effect, shall be sufficient for the purpose of the election
                     petition.
Further Particulars

6.    Evidence need not to be stated in the election petition, but the Election
      Tribunal may order such particulars as may be necessary:

       (a) To prevent surprise and unnecessary expense;
       (b) To ensure a fair and effectual heating in the same way as in a civil
            action in the High Court; and
       (c) On such items as to costs and otherwise as may be ordered.



                                Address for Service

7.    For the purpose of service of election petition on the respondent, the
      petitioner shall furnish the Register with the address of the respondent’s
      abode or the address of a place where personal service can be affected on
the   respondent.

                  Action by Registrar-Form EKSF 003 Schedule 6

8.    (1)    On the presentation of an election petition and payment of the
                    requisite fees, the Registrar shall forthwith

      (a)    cause notice, in Form EKSCTF 003 set out in Schedule 6 to this
      Law, of the presentation of the election petition to be served on the
      respondent;
(b)   post on the Tribunal-notice board a certified copy of the election
              petition;

        (c)   send a certified copy by the registered post or messenger to the
person              or authority of whom it is required by Law that the
determination of                 the election petition shall be certified; and

        (d)   where the election Tribunal so directs, cause a certified copy to be
              published in the Gazette of the State.

        (2)   In the notice of presentation of the election petition, the Registrar
shall         state a time not being less than seven days or more than ten days
after         the date of the service of the notice, within which the respondent is
to                  enter an appearance.

        (3)   In fixing the time within which the respondent is to enter an
              appearance, the Registrar shall have regard to-

        (a)   the necessary for securing a speedy hearing of the election petition;
              and

        (b)   the distance from the Registry to the address furnished under
              Paragraph 4 of this Schedule.

9.      (1)   Subject to Sub-paragraph service (2) and (3) of this paragraph,
              service on the respondent –
(a) Of the documents mentioned in Sub-paragraph (1) (a) of the
             paragraph 8 of this Schedule; and
          (b) Of any other documents required to be served on him before entering an
             appearance shall be personal
 (2) Where the petitioner has furnished under paragraph 7 of this Schedule the
      address of the place where personal service can be effected on the
      respondent and the respondent cannot be found at that place, the Election
      Tribunal, on being satisfied on an application supported by an affidavit
      showing that all reasonable efforts has been made to effect personal
service       may order that service of any document mentioned in Sub-
paragraph (1) of     this paragraph be effected in any of the ways mentioned in the
relevant      provisions of the Civil Procedure Rules for effecting substituted
service in    the civil case and that service be deemed to be equivalent to
personal      service.

 (3) The proceedings under the election petition shall not be vitiated
      notwithstanding the fact that-

      (a)     the respondent may not have been served personally; or

      (b)     a document of which substituted service has been effected pursuant
to                   an order made under Sub-paragraph (2) of this paragraph did
not                  reach the respondent’s hands and in either case, the
proceedings may                  be heard and continued as if the respondent had
been served                              personally with the document and shall be
valid and effective for all               purposes.




                              Entry and default of appearance

10.   (1)    Where the respondent intends to oppose the election petition, he
             shall–

      (a)    within such time after being served or deemed to be served with the
             petition; or

      (b)    where an order has been made under Sub-paragraph (2) of
             paragraph 8 of this Schedule, within such other time (if any) may be
             stated in that order, enter an appearance by filling in the Registry a
             memorandum of appearance stating that he intends to oppose the
             petition and giving the name and address of the Solicitor, if any, or
             stating that he acts for himself as the case may be and in either case,
             giving an address for serve within the Judicial Division and the name
             of its occupier, at which documents intended for the respondent may
             be left.

      (2)    If any address for service and its occupier are not stated, the
             memorandum shall be filed, unless the Election Tribunal otherwise
             orders.
(3)      The memorandum of appearance which may be in Form EKST F 004
      set out in Schedule 6 to this Law shall be signed by the respondent or
               his solicitor, if any.

      (4)      At the time of filing the memorandum of appearance, the
respondent                   or his solicitor shall:-

      (a)      leave a duplicate of the memorandum for each of the other parties
               to the petition and three other duplicates of the memorandum, and

      (b)      pay the fees for service, and in default of the duplicates being left
               and the fees being paid at that time, the memorandum shall not be
               filed, unless the Election Petition otherwise orders.

11.   (1)      If the respondent does not file a memorandum of appearance as
                      required under Paragraph 10 of this Schedule, a document
intended                     for him may be posted on the Tribunal notice board and
that posting                 shall be sufficient notice of the document.

  (2) The non-filing of a memorandum of appearance shall not bar the
      respondent from defending the election petition.




                                   Notice of appearance

12.   The Registrar shall cause a duplicate of the memorandum of appearance to
      be served on or its notice to be given to, the other parties to the petition.
Filing of Reply.

13.     (1) The respondent shall, within six days of entering an appearance or
              eleven days from receipt of an election petition file in the Registry
his           reply specifying in it which of the facts and grounds alleged in the
              petition he admits or denies and setting out the facts and grounds on
                     which he relies in opposition.

        (2) Where the respondent in an election petition complaining of an undue
              return and claiming the seat or office for some person intends to
prove                that the election of that person was undue, the respondent in
his reply                  shall state the intention and set out the facts and
grounds on which he                      relies in support thereof.

        (3) The reply may be signed and filed by the respondent or his solicitor if
              any.

        (4) At the time of filing the reply, the respondent or his solicitor shall leave
                     a duplicate of the reply for each party to the election petition
and three            other duplicates of reply and pay the fees for service, and in
default of           the duplicates being left the reply shall not be filed, unless the
                     Election Tribunal otherwise orders.
Service of reply

14.   The Registry shall cause a duplicate of the reply to be served on each party
      as the election petition.

                         Amendment of election petition

15.   (1)   Subject to Sub-paragraph (2) of this paragraph, the provisions of the
            High Civil Procedure Rules relating to amendment of pleading shall
            apply in relation to an election petition as if for the word “any
            proceedings” in those provisions there were substituted the words
            “the election petition or the reply, if any”

      (2)   After the expiry of the time limited by-

      (a)   Sub-section (2) of section 37 of this Law for presenting the petition,
            no amendment shall be made-

            (i)    introducing a fresh prayer in the petition or effecting an
                   alteration of substance in the prayer; or

            (ii)   except anything which may be done under the provisions of
                   Sub-paragraph (3) of the paragraph, effecting a substantial
                   alteration in or addition to the statement of facts and grounds
                   relied on to sustain the prayer; and (b) paragraph 13 of this
                   Schedule for filing the reply, no amendment shall be made-
(i) Alleging that the election of the person, if any, for whom the
                         seat or office is claimed in the petition in undue; or
                      (ii) Except anything which may be done under the provisions of
                         Sub-paragraph (3) of the paragraph, effecting a substantial
                         alteration in or addition to the admissions or the denials
                         contained or the facts and grounds set out in the reply.
         (3)   The Election Tribunal in the hearing and determination of an election
               petition shall not be obliged to confine its inquiry or findings to the
               issues raised by the election petition and the reply, if any, and may,
               with or without ordering or allowing-

               (a)    the amendment of the statement of the facts and grounds
relied                               on in support of the petition or the amendment of
any admission                              or denial contained in the petition; or

               (b)    the facts or grounds set out in the reply (but subject always
and                                  having due regard to the time limited by Sub-
sections (2) of                                  section 37 of this Law for presenting
an election petition),                                  inquire into any other issue
otherwise raised or apparent, or any                          matter          otherwise
appearing, as the Election Tribunal may deem
  necessary for the purpose of the full and proper determination
         of the election petition.
List of objections to Votes

16.   (1)      When a petitioner claims a seat or office for an unsuccessful
               candidate, alleging that he had a majority of lawful votes, a party
               complaining of and a party defending the election or return shall-

      (a)      within 3 days after the filing of the reply; or

      (b)      where no appearance is entered, not less than 6 days before the day
               fixed for hearing, file in the Registry a list of the votes intended to be
               objected to by him and of the heads of objection to each vote.

      (2)      No evidence shall be given against the validity of a vote or a head of
               objection not specified in the list of the filed pursuant to Sub-
               paragraph (1) of this paragraph except by leave of the Election
      tribunal which may be given on such terms as to the amendment of
      the list, postponement of the hearing and payment of costs as may be
               ordered.

      (3)      The party delivering the list shall at the same time deliver a duplicate
               for each other party to the petition and three other duplicates and
pay                         the appropriate fees for service, and in default of the
delivery and                              payment, the list shall not be filed unless
the Election Tribunal                                  otherwise orders.

      (4)      The Registry shall cause a duplicate of the list to be served on every
               other party forthwith.
List of objection

17.      (1)   When the respondent in a petition complaining of an undue return
and            claiming the seat or office for some persons intends to give evidence
               to prove that the election of that person is undue, the respondent
shall                within three days after the filing of the reply, file in the
Registry a list             of the objection to the election on which he intends to
reply.




         (2)   No evidence shall be given by a respondent of an objection to the
               election not specified in the list of objections except by leave of the
               Election Tribunal which may be given on such items as to the
               amendment of the postponement of the hearing and payment of
costs                       as may be ordered.

         (3)   Sub-paragraph (2) and (3) of paragraph 16 of this Schedule shall
               apply to the list mentioned in Sub-paragraph (1) of this paragraph.




                           Further particulars or directives

18.      (1)   If a party to the petition wishes to have further particulars or other
               directives of the Election Tribunal, he may, at any time after entry of
               appearance, not later than 10 days after the filing of the reply, apply
to the Election tribunal specifying in his notice of motion the
              particulars or Directives which he applies and the motion shall be set
              down for hearing on the first available day.

       (2)    The party applying shall give notice of his motion to the other parties,
                    and where he relies on the fact which is not apparent on the
face of the                documents already filed he shall support his motion by
affidavit.

       (3)    If a party does not so apply, he shall be taken to require no further
              particulars or other directives and the party shall be barred from so
              applying after the lapse of the period laid down in Sub-paragraph (1)
       of the paragraph except with the leave of the election Tribunal.

       (4)    Leave of the Election Tribunal under Sub-paragraph (3) of this
       paragraph shall be sought by motion supported by affidavit after
       notice to the other parties, and may be given in proper case on such
       terms as to costs and otherwise as may deem fit.




                                    Open Tribunal

19.    Every election petition shall be heard in Open tribunal.
Time and place of hearing Form EKSTF 005 Schedule 6

20.      (1)   Subject to the provision of Sub-paragraph (2) of this paragraph, the
               time and place of the hearing of an election petition shall be fixed by
               the Election Tribunal and notice of the time and place of the hearing
               which may be in Form EKST 005 set out in Schedule 6 to this Law,
               shall be given by the Registrar at least five days before the days fixed
               for the hearing by:-

               (a)    posting or causing the notice to be posted on the Tribunal
notice                              board;

               (b)    sending a copy of the notice by registered post or messenger
                      to:-

                      (i)    the petition’s address for service

                      (ii)   the respondent’s address for service if any; and

                     (iii)   the Electoral Officer.
         (2)   In fixing the place of hearing, the Election Tribunal shall have due
               regard to the proximity to and accessibility from the place where the
               election was held.
Notice of hearing

21.    The Electoral Officer shall publish the notice of hearing by causing the copy
       to be fixed to the place which was appointed for the delivery of nomination

             papers to the election or to some conspicuous place within the Local
             Government Area but failure to do so or any miscarriage relating to
the copy           of notice of hearing shall not affect the proceedings in any
manner                           whatsoever.




       Posting of notice on Tribunal notice board deemed to be good notice

22.    The posting of the notice of hearing on the Tribunal notice board shall be
       deemed and taken to be good notice, and the notice shall not be vitiated by
             any miscarriage of, or relating to, the copy or copies of the notice
sent                       pursuant to Paragraph 20 of this Schedule.




                             Postponement of hearing

23.    (1)   The Election Tribunal may, from time to time, by order made on the
             motion of a party supported by affidavit after notice to the other
             parties, or by notice in such form as the Election Tribunal may direct,
             postpone the beginning of the hearing to such day as the Tribunal
may                name.
(2)     A copy of the order or notice shall be sent by the Registrar by
              registered post or messenger to the Electoral Officer, who shall
                    publish the order or notice in the manner provided in




Paragraph 21                            of this Schedule for publishing the notice of
hearing but failure on the                    part of the Electoral Officer to publish
the copy shall not affect the                         proceedings in any manner
whatsoever.

      (3)     The Registrar shall post or cause to be posted on the Tribunal notice
              board, a copy of the order or notice.

      (4)     Where the Electoral Tribunal gives a notice of postponement of its
              own motion, a copy of the notice shall be sent by the registrar by
              registered post or messenger to the address for service given by the
              petitioner and to the address for service if any, given by the
              respondent.

      (5)     The provisions of Paragraph 22 of this Schedule shall apply to an
              order or notice of postponement as they do to the notice of hearing.
Non-arrival of Chairman of Tribunal

24.     If the Chairman of the Election Tribunal has not arrived at the appointed
        time for the hearing or time to which hearing is postponed, the hearing
shall         in so far stand adjourned to the following day and so from day to
day.




                        Hearing to continue from day to day

25.     (1)   No formal adjournment of the election Tribunal for the hearing of
the                        election petition shall be necessary, but the hearing is to
be deemed                        adjourned and may be continue from day to day
until the hearing in                          concluded.

        (2)   If the Chairman who begins the hearing of the election petition is
              disabled by illness or otherwise, it may be concluded by other
              Chairman appointed by the Chief Judge.




                              Adjournment of hearing

26.     (1)   After the hearing of the election petition has begun, if the inquiry
              cannot be continued on the ensuing day or, if that day is a Sunday or
a             public holiday, on the day following the same, the hearing shall be
              adjourned sine die but to a definite day to be announced before the
rising of the election Tribunal, and notice of the day to which
the                        hearing is adjourned shall forthwith be posted by the
Registrar on the                          Tribunal notice board.

              The hearing may be continued on a Saturday or        on a public holiday
              if circumstances dictate.




                        Powers of the Chairman of Tribunal

27.   (1)     All interlocutory questions and matters shall be heard and disposed
of                         before the Chairman who shall have control over the
proceedings as a                          judge in the ordinary proceedings of the
High Court.

      (2)     After the hearing of the election petition is concluded if the Tribunal
              before whom it was heard has prepared its judgment but the
Chairman                   is unable to deliver it through illness or otherwise, the
judgment may                              be delivered by one of the members, and
the judgment as delivered                             shall be the judgment of the
Tribunal, and the members shall certify                            the determination
of the petition to the Electoral Officer.
Effect of determination

28.   (1)   At the conclusion of the hearing, the Election Tribunal shall
determine                 whether a person whose election or return is
complained of or any                         other person and what person, was
duly returned or elected, or                              whether    the    election
was void and shall certify the determination to                        the Electoral
Officer.

      (2)   On the certification being given, the election shall be confirmed or in
            the event of an event of an appeal, anew decision shall be held in

            accordance with the certification or in accordance with the finding on
                   the determination of the appeal.

      (3)   Where a new election is to be held under the provisions of this
            paragraph, the Electoral Officer shall appoint a date for the election.




                        Withdrawal or abatement of petition

29.   (1)   An election shall not be withdrawn without leave of the Election
            Tribunal.

      (2)   Where there is more than one petitioner, no application for leave to
            withdraw the election shall be made except with the consent of all
the                       petitioners.
Form EKSTF 006 Schedule 6

        (3)   The application for leave to withdraw a petition shall be made by
              motion in Form EKST.F 006 set out in Schedule 6 of this Law after
              notice to the respondent.

        (4)   The notice of motion shall state the grounds on which the application
                     is included to be supported and shall be signed by the
petitioner or                           petitioners or his or their solicitor in the
presence of the petitioner or                         petitioners or his or their
solicitor in the presence of the Registrar.




        (5)   At the time of filing the notice the petitioner or petitioners shall
leave                      a duplicate for each respondent.

        (6)   The petitioner or petitioners shall also file the affidavit required
under                             Paragraph 30 of this Schedule together with the
duplicates for each                            respondent and pay the requisite
fees for services.




                                 Affidavit in Support

30.     (1)   Before the leave of withdrawal of an election petition is granted,
there                shall be produced affidavits by all parties to the petition and
their                        solicitors and by the election agents (if any) of all the
parties who                         were candidates at the election, but the Election
Tribunal may                                        dispense   with   affidavit    of    any
particular person if it seems to the                            Election   tribunal      on
special grounds to be just so to do.

        (2)     each affidavit shall state that:-

                (a)   to the best of the deponent’s knowledge and belief no
                      agreement or terms of any kind whatsoever has or have been
                      made; and




                (b)   no undertaking has been entered into, in relation to the
                      withdrawal of the petition but if any lawful agreement has
        been                 made with respect to the withdrawal of the petition, the
                                    affidavit shall set out that agreement and shall
        make the                           foregoing     statement    subject     to    what
        appears from the affidavit.

                (c)   The affidavit of the applicant and his solicitor shall further
        state         the grounds on which the petition is sought to be withdrawn.
Motion for leave to withdraw

31.   (1)   The time for hearing the motion for leave to withdraw the petition
            shall be fixed by the Election Tribunal.

      (2)   The Registrar may give notice of the day fixed for the hearing of the
            motion to the respondents and post or cause to be posted on the
            Tribunal notice board a copy of the notice with note stating the time
            fixed for the hearing.




                                Respondent’s costs




32.   If the election petition is withdrawn, the petition shall be liable to pay
            appropriate costs to the respondents.




                               Abatement on death

33.   (1)   If a sole petitioner or the survivor of several petitioners dies then,
            subject to Sub-paragraph (2) and (3) of this paragraph, there shall be
            no further proceedings on the election petition.

      (2)   The death of a petitioner shall not affect his liability for the payment
            of costs previously incurred.
(3)    Where notice, with a duplicate for each other party supported by the
                      affidavit of two witnesses testifying to the death of a sole
petitioner or                      of the survivor of several petitioners, is given to
the Registrar, he shall                   submit the notice to the Election Tribunal
and if the Election tribunal                           so direct the Registrar shall:-

                (a)   give notice thereof to the other parties;

                (b)   post or cause to be posted notice thereof on the Tribunal
notice                                    board; and

                (c)   cause notice thereof to be published in the Local Government
                      Area or in the Gazette of the State, in such for m as the
Election                           Tribunal may direct.




                          Notice of no opposition to petition

34.      (1)    If before the hearing of an election petition, a respondent, other than
                      the Electoral Officer or Presiding Officer gives to the Election
                      Tribunal notice in writing signed by him or his solicitor before
the                         Registrar that he does not intend to oppose the election
petition, the                             Registrar shall:-

                (a)   give notice thereof to the other parties; and
(b)   post or cause to be posted notice thereof on the Tribunal
notice                                   board.

         (2)   The respondents shall fine the notice with a duplicate for each other
               party not less than six days before the day appointed for hearing the
               election petition.

         (3)   The respondent who has given notice of his intention not to oppose
               the petition shall not appear or act as a party against the election
               petition in any proceedings on it, but giving of the notice shall not of
               itself cause him to cease to be a respondent.




                          Countermand of notice of hearing

35.      (1)   Where a notice of:-

         (a)   the petitioner’s intention to apply for leave to withdraw an election
               petition; or

         (b)   the death of the sole petitioner or the survivor of several petitioners;

         (c)   the respondent’s intention not to oppose an election petition, is
                     received after notice of hearing of the election petition has
been given                          and before the hearing has begun, the Registrar
shall forthwith                                 countermand the notice of hearing.
(2)      The countermand shall be given in the same manner and, as near as
               may be, as the notice of hearing.




                            Discretion of tribunal if no reply

36.   Where the respondent has not entered an appearance, or has not filed his
      reply within the prescribed time or within such time as the Election Tribunal
               may have allowed, or has given notice that he does not intend to
oppose the                   petition, then of-

      (a) there remains no more than one other candidate in the election who
            election was not returned; or
      (b) the election petition contains no prayer for a determination that the
            election was void; or
      (c) there are no facts or grounds stated in the election petition or in the reply,
            if any, or stated in the further particulars filed in the proceedings or


            otherwise appearing on proof of which is ought to be determined that the
            election was void, or
      (d) the election petition is one complaining g of an undue return and
            claiming the seat or office for the candidate who was not returned and the
            respondent has not filed a list of objections under provisions of
            paragraph 17 of this Schedule;
The Election Tribunal may, if thinks fit, determine the proceedings, on the
            election petition without hearing evidence or further evidence, and in any
            case, the proceedings shall be continued and determined on such evidence
            or otherwise as Election Tribunal may deem necessary for the full and
            proper determination of the election petition.




                                                Fees

37.         (1)   The fee payable on the presentation of an election petition shall not
be                      less than N1, 000.00.

            (2)   A hearing fee shall be payable for the hearing at the rate of
            N2,000.00 in all, but Election Tribunal may direct a lower fee to be
            changed for any day of the hearing.

            (3)   For the purpose of this paragraph, the petitioner shall make a deposit
                  of not less than N2, 000.00 at the time of presenting the petition.

            (4)   Subject to the provisions of this paragraph, the fees payable in
                  connection with an election petition shall be at the rate prescribed

      for         civil proceedings in the High Court of the State in which the petition
                  is presented.
(5)    No fees shall be payable by the Attorney-General or any other Legal
          officer or by a respondent who was the Election Officer or Presiding
          Officer at the election.

   (6)    No fees shall be payable for the summoning of witnesses summoned
          by the Election Tribunal on its motion.

   (7)    A charge payable for the service of subpoena on a witness may be
          paid by the Registrar in the same way as a State witness’s expenses.




38. (1)   All costs, charges and expenses of and incidental to the presentation
          of an election petition and to the proceedings consequent thereon,
          with the exception of such as are other provided for, shall be
   defrayed      by the parties of the election petition in such manner and in
   such proportions as the Election Tribunal may determines, regard being
   had    to –

          (a)    the disallowance of any cost, charge or expenses which may in
                 the opinion of the Tribunal have been caused by vexatious
                 conduct, unfounded allegation or unfounded objection on the
                 part of the petitioner or of the respondent, as the case may be;
                       and
(b)   discouragement of any needless expenses by throwing the
                     burden or defraying the expenses on the party by whom it has
                     been caused; whether that party is or is not on the whole
                            successful.

         (2)   Where the Tribunal declares an election to be void, it may, if satisfies
               that the invalidity was due either wholly or in p8Jt to the culpable
               default of an officer responsible for the conduct of the election in
               performance of his duties, order that the whole or part of the cost
               awarded to the successful petitioner be paid by that officer.




                                    Return of Security

39.      Money deposited as Security shall, when no longer needed as security
         for costs, charges or expenses, be returned to the person in whose name it
         was deposited or to the person entitled to receive it by order of the
Tribunal       which may be made on motion after notice and proof that all just
claims         have been satisfied or otherwise sufficiently provided for as the
Tribunal mat         required.
Payment of Costs Out of Security

40.   (1)   The Tribunal may, on application made by a person to whom costs,
            charges or expenses is payable, order it to be paid out of a deposit
            made to secure it, after notice to the party by or on whose behalf the
                  deposit was made, requiring him to file a statement within a
specified                  time whether he opposes the application and the
ground of his                         opposition.

      (2)   Where a dispute arises on an application under Sub-paragraph (1) of
            this paragraph, the Election Tribunal shall afford any person affected
            by it an opportunity of being heard and make such order thereon as
      it    may deem fit.

      (3)   A person shall be deemed to have been afforded such opportunity if
            notice of the time appointed for the inquiry into the dispute was
      given to him, though the person may not have been present at the making
      of    the inquiry.

      (4)   A notice to be given to a person under this paragraph may be given
      by    the secretary handing him the notice or sending it to him by
      registered letter;

            (a)   in the case of a party, at the address for service;

            (b)   in the case of an application for payment, at the address given
                  in his application. So, however, that the provisions of this sub-
paragraph shall not preclude the giving of notice in any other
              manner in which notice may be given or which may be
              authorized by the Election Tribunal.

      (5)     Execution may be levied on order for payment made by the Election
              Tribunal under this paragraph in the same manner and to the same
              extent as execution may be levied under a judgment for the payment
              of money.




                                   Calling of witness

41.   (1)     On the hearing of an election petition, the Election Tribunal may
              summon a person as a witness who appears to the Election Tribunal
to            have been concerned in the Election.

      (2)     The Election Tribunal may examine a witness so summoned or any
              person in the Election Tribunal although the witness or person is not
              called and examined by a party to the election petition and
      thereafter he may be cross examined by or on behalf of the petitioner
      and the       respondent.

      (3)     The expenses of a witness called by the Election Tribunal of its own
              motion shall unless the Election Tribunal otherwise orders, be
deemed              to be costs of the election petition and may, if the Election
Tribunal so         directs, be paid in the first instance by the Registrar in the
same way                as State witness’s expenses and recovered in such
manner as the                 Election Tribunal may direct.

     (4)   Where the Election Tribunal summons a person as a witness under
           this paragraph, the provisions of the High Court Civil Procedure rules
           relating to the expenses of the persons ordered to attend a hearing
           shall apply as if they were part of this paragraph.

     (5)   The Election Tribunal shall-

     (a)   in making and carrying into effect an order for the production and
           inspection of documents used in the election and relating to the way
     in    which the votes of particular persons were given; and

     (b)   in the examination of any witness who produces or will produce a
           document.

  Ensure that the way in which the vote of a particular person has been given
  shall not be disclosed until it has been proved that the vote was given and the
  vote has been declared by the Election Tribunal to be invalid.




                               Privilege of a witness

42. (1)    A person called as a witness in a proceeding in the Election Tribunal
           shall not be excused from answering a question relating to an
offence                 at or connected with an election on the grounds that the
answer thereto               may incriminate or tend to incriminate himself, or on the
ground of                    privilege.

           (2)   A witness who answers truly all questions which he is required by the
                       Election Tribunal to answer shall be entitled to receive a
      certificate of                indemnity under the hand of the Chairman of the
      Election Tribunal                   stating that the witness has so answered.

           (3)   An answer by a person to a question before the Election shall not,
                 except in the case of the criminal proceeding for perjury in respect of
                       the answer, be admissible in any proceeding, civil or criminal,
      in               evidence against him.

           (4)   When a person has received a certificate of indemnity in relation to
      an         election and legal proceedings are at a time brought against him for
      an         offence against the provisions of this Law committed by him prior to
                 the date of the certificate at or in relation to that election, the
      Election               Tribunal having cognizance of the case shall, on proof of
      the                           certificate, stay to proceedings and may, at its
      discretion, award to that           person such costs he may have been put to
      in the proceedings.

                                   Evidence by respondent

43.        On the hearing of an election petition complaining of on undue return and
           claiming the seat for some person, the respondent may subject to the
provisions of Paragraph 13 (2) and 17 of the Schedule, given evidence to
           prove that the election of that person was undue in the same manner as if
he         had presented an election petition complaining of the election.




                           Enlargement and abridgement of time

44.        (1)   The Tribunal shall have power, subject to the provisions of
                 Paragraph 15 of this Schedule to enlarge time for doing any act or
                 taking any proceedings on such terms (if any) as the justice of the
case                   may require.

           (2)   An enlargement may be ordered although the application for the
                 enlargement is not made until after the expiration of the time
                 appointed or allowed.

           (3)   When the time for delivering a pleading or document or filing any
                 affidavit, answer or document, or doing any act is or has been fixed
      or         limited by any of the sections, paragraphs or rules under or in
                 pursuance of this Law or by a direction or an order of the Election
                 Tribunal, the costs shall be borne by the party making the
      application,                  unless the Election Tribunal shall otherwise order.

           (4)   Every application for enlargement or abridgement of time shall be
                 supported by affidavit.
(5)    An application for abridgement of time may be made exparte, but
      the                    Election Tribunal may require notice of the application
      to be given to               the other party.

         (6)    An application for enlargement of the time shall be made by motion
                after notice to the other party but the Election Tribunal may for good
                       cause shown by affidavit or otherwise, dispense with the
      notice.

         (7)    A copy of an order made for enlargement or abridgement of time
      shall            be filed or delivered together with any document filed or
      delivered by                 virtue of the order.




                                     Service of Notice

45.      (1)    Where a summons, notice or document, other than a notice or
                       document mentioned in Paragraph 8 (1) of this Schedule, is
required               to serve on a person for a purpose connected with an election
petition                     it may be served by delivering it to the person or by
leaving it at his                  last known place of abode in the Local
government Area with any                        person there found who is a resident
of the abode and appears to be                        18 years of age or more.
(2)   After a party has given an address for service it shall be sufficient in
      lieu of serving him personally with a document intended for him, if
      the documents are served:

      (a)     on the person appearing on the paper last filed on his behalf as
              his solicitor wherever the person may be found or, if the
      person         is not found at his office, on the clerk there apparently in
              charge; or

      (b)     on the person named as occupier in his address for service
              wherever the person may be found or, if the person is not
      found          at the address, or

              (i)    the person there found apparently in charge, if such
                     address is a place of business, or

              (ii)   a person, other than a domestic servant, there found
      who                  is resident of the address and appears to be
      18years of                  age or more.

(3)   A party may change his address for service by giving notice of his
      new address for service and its occupier to the Registrar and to each
      party, but until a notice is received by the Registrar, his old address
      for service shall continue to be his address for service.

(4)   Where service by one of the modes specified in this paragraph has
      proved impracticable, the Election Tribunal may, on being satisfied,
on an application supported by an affidavit showing what has been done,
       that all reasonable efforts have been made to effect service-

            (a)   order that service be effected on any of the ways mentioned in
                         the provisions of the Civil procedure Rules relating to
                         substituted service which service shall be sufficient; or

            (b)   dispense with service or notice as the Election Tribunal may
                  think fit.




                               Number of Respondents

46.   Two or more candidates may be respondents to the same petition and their
      case may for the sake of convenience be heard at the same time, but for all
      purposes (including the taking of security) the petition shall be deemed to
be    a separate petition against each respondent.




                               Multiple Petitioners

47.   Where two or more petitions are presented in relation to the same election
or    return, all the petitions shall be considered and be dealt with as one
petition    unless the Election Tribunal shall otherwise direct, following a
preliminary or other objection in time.
Conduct of Electoral Officer

48.      (1)    Where an election petition complains of the conduct of an Electoral
                Officer, a presiding Officer or Returning Officer, he shall for all
         purposes be deemed to be respondent, but an Electoral Officer, a
         Presiding Officer or Returning Officer shall not be at liberty to give
         notice that he does not intend to oppose the petition except with the
                written consent of the Attorney-General of the State.

         (2)    If consent is withheld by the Attorney-General under Sub-paragraph
                (1) of this paragraph, the State government shall indemnify the
                        Electoral Officer, Presiding Officer or Returning Officer against
      any                     award of costs made against him by the Election
      Tribunal on the                      hearing of the election petition.

         (3)    Where an Electoral Officer, a Presiding Officer or Returning Officer
                is, or deemed to be, a respondent to a petition, the Attorney-General
                        of the State (acting in person or through any of his legal
      officers), or a               legal practitioner nominated by the Commission
      shall represent the                  Electoral   Officer, Presiding      Officer   or
      Returning Officer.
Duplicate of documents

49.   In the absence of express provision for the returning of copies of duplicates
      of documents filed or used in connection with any step taken in the
      proceedings, the party taking the step, shall unless the Registrar otherwise
      directs, leave with the Registrar a duplicate of every document for each of
      the other parties and three other duplicates.

                        Non-compliance with rules, etc

50.   (1)   Non-compliance with any of the provisions of this Schedule, or with a
            rule of practice for the time being in force shall not render any
            proceedings void, unless the Election Tribunal shall so direct, but the
            proceedings may be set aside wholly or in part as irregular, or
            amended, or otherwise dealt with in such manner and on such terms
as          the Election tribunal shall think fit to ensure substantial justice.

      (2)   No application to set aside a proceeding for irregularity shall be
            allowed unless made within a reasonable time or the party applying
            has not taken any fresh step after knowledge of the irregularity.

      (3)   Where an application is made to set aside a proceeding for
            irregularity, the several objections intended to be relied on shall be
            stated in the notice of motion.

      (4)   No objection shall be made that certified copy has been used instead
            of a duplicate or a duplicate instead of a certified copy.
Application of Rules of Court

51.     (1)    An election petition shall not be defected b an objection merely as to
                     form, unless the objection is as to the competence of the
petition.

        (2)    Subject to the express provisions of the Law, the practice and
               procedure of the Tribunal in relation to an election petition shall be
               assimilated as nearly as may be to the practice and procedure of the
               High Court in the exercise of its civil jurisdiction, and the Civil
               Procedure Rules shall apply with such modifications as may be
               necessary to render them inconveniently applicable, as if the
  petitioner                and the respondent were respectively the plaintiff and
  the defendant in                 a civil action.

        (3)    Subject to the provisions of the Law, an appeal to the Election Appeal
                     Tribunal shall be determined in accordance with the practice
  and                       procedure relating to appeals in civil cases of the Court
  of Appeal.
Schedule 6

Confidential:                                                                                  FORM EKSC.F.001

                        EKITI STATE INDEPENDENCE ELECTORAL COMMISSION

Data Form for Persons seeking election to the Membership of Local Government Council




                                                             PART 1

A. PERSONAL PARTICULARS
1. Surname (in block letters)………………………………………………….
2. Maiden Name (where applicable)………………………………………….
3. Other Names (in block letter)………………………………………………
4. Have you ever changed your names? If so, what was your former
   names?...........................................................................................................
5. Resident Address……………………………………………………………
6. Marital Status………………………………………………………………..
7. Postal / Address………………………………………………………………
8. Nationality……………………………………………………………………
9. Did you change nationality in the past? If so, what was your former
   nationality……………………………………………………………………..
10. Place of Birth………………………………………………………………….
11. Date of Birth…………………………………………………………………..
12. Local Government Area……………………………………………………….
13. State……………………………………………………………………………
14. How long have you stayed in your present place of abode?...............................
15. Are you an indigene of your present place of abode?.........................................
16. What is your present occupation?.......................................................................



B. EDUCATIONAL INSTITUTIONS ATTENDED WITH DATES
1. PrimarySchools:…………………………………………………………………………
    ……………………………………………………………………………………………
    ……………………………………………………………………………………………
    …………………………………………………………………………………………
2. Secondary Schools (including Teachers, Commercial, Technical College and
    equivalent
    Institution)………………………………………………………………………………
    ……………………………………………………………………………………………
    ……………………………………………………………………………………………
    ……………………………………………………………………………………………
    ……………………………………………………………………………………………
    …………………………………………………………………………………………….
3. Tertiary Institutions (including Universities and
    Colleges)…………………………………………………………………………………
    ……………………………………………………………………………………………
    ……………………………………………………………………………………………




    ……………………………………………………………………………………………
    ……………………………………………………………………………………………
    ……………………………………………………………………………………………
C. EDUCATIONAL QUALIFICATION WITH DATES
………………………………………………………………………………………………
  ……………………………………………………………………………………………
  ……………………………………………………………………………………………
  ……………………………………………………………………………………………
  ……………………………………………………………………………………………
  ………………………………………………………………………………………




D. WORKING EXPERIENCE WITH DATES (State employer, nature of work, reason
  for leaving)
  ……………………………………………………………………………………………
  ……………………………………………………………………………………………
  ……………………………………………………………………………………………
  ……………………………………………………………………………………………
  …………………………………………………………………………………………….
E. POLITICAL EXPERIENCE AND ACTIVITIES (State Political activities involved
  in the past, offices held, reason for leaving office, dates etc)
  ……………………………………………………………………………………………
  ……………………………………………………………………………………………
  ……………………………………………………………………………………………
  ……………………………………………………………………………………………
  ……………………………………………………………………………………………
F. GENERAL
1. Have you ever been tried in a court or tribunal for any criminal offence? If yes, give
   details of case and the findings of the court of tribunal including punishment, if any
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
2. Have you ever been tried by the code of conduct tribunal? If Yes, state details of the
   charge and the findings of the Tribunal, including punishment, if any
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
3. Have you ever been involved in any investigation or inquiry regarding lunacy? If Yes,
   state nature of inquiry or investigation including the findings
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ………………………………………………………………………………………….
4. State with full details the names and addresses of Clubs, Societies, Associations or
   Unions you belong to or have belonged to in the past.
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
5. Have you ever been involved in any bankruptcy proceedings? If so, sate where
   proceedings took place and the findings of the inquiry
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
6. Have you ever been arrested by the Police or other Security Agency? If Yes, state
   reasons for arrest, where and the outcome of the investigation
   ………………………………………………………………………………………………………………………………………
   ………………………………………………………………………………………………………………………………………
   ………………………………………………………………………………………………………………………………………
   …………………………………………………………

7. Are you a member of a Political Party/ if so, state the name of your Political Party,
   when you joined the Political Party and your position in the party.
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
8. Has your party agreed to sponsor you or is the Party’s sponsorship being contested?
   State other known Contestants
……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
9. Where have you paid your taxes in the last three years? Sate the amount paid and the
   receipt numbers of tax clearance certificate numbers with dates
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
10. Have you ever been involved in any investigation or trial relating to narcotic drugs or
   any psychotropic substance? If so, state place of investigation or trial, date and the
   outcome of the investigations or trial.
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
11. Are you a registered voter? If so, state place of registration, registration number and
   the registration area code number
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
……………………………………………………………………………………………
   ……………………………………………………………………………………………
12. Give any other information about your person and the reason for which you intend to
   contest the election
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   ……………………………………………………………………………………………
   …………………………………………………………….
G. DECLARATION BEFORE A COMMISSIONER OF OATHS IN THE
   MAGISTRATE OR HIGH COURT OF THE PLACE YOU LIVE
1. I solemnly and sincerely declare that the particulars given above are true and correct to
   the best of my knowledge and believe.
2. Before making the declaration, I verified the facts and cross – elected them as to their
   veracity.




                                                                              DEPONENT
   Sworn to at the Magistrate/High Court Registry
   …………………….this……………………….
   Day of………………………….20……………


                                              BEFORE ME


                                      COMMISSIONER FOR OATHS
PART II
 E.    For Official Use of the Commission
       (Here record any independent information obtained or available about the subject).


                                                                  FORM EKSCF 002
EKITI STATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION.




                     SUBMISSION OF LIST OF CANDIDATES BY A POLITICAL PARTY

                                                                       Date:……………




NAME OF POLITICAL PARTY…………………………………………

STATE…………………………………………………………………….

LOCAL GOVERNMENT…………………………………………………
S/NO    Name of     Age    Sex   Home      Ward or        Post being   Educational     Particulars of   Remark
        Candidate                Address   Constituency   Contested    Qualification   3-years Tax
                                                                                       Payment




 NB: Please attach folders of each candidate with evidence of particulars supplied in this Form together
with other information considered important.




                                                                                 FORM EKSCF 003
EKITI STATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION.




RETURN OF LIST OF CANDIDATES DECLARED QUALIFIED TO CONTEST ELECTION

                                                                                     Date:……………
NAME OF POLITICAL PARTY…………………………………………

STATE…………………………………………………………………….

LOCAL GOVERNMENT…………………………………………………

S/NO   Name of     Age   Sex   Home      Ward or        Post being   Educational     Particulars of   Remark
       Candidate               Address   Constituency   Contested    Qualification   3-years Tax
                                                                                     Payment
FORM EKSCF 002
EKITI STATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION.




RETURN OF LIST OF CANDIDATES DECLARED NOT QUALIFIED TO CONTEST ELECTION

                                                                           Date:……………




NAME OF POLITICAL PARTY…………………………………………

STATE…………………………………………………………………….

LOCAL GOVERNMENT…………………………………………………
S/NO   Name of     Age   Sex   Home    Ward or      Post being Educational    Particulars   Remark
       Candidate               Address Constituency Contested   Qualification of 3-years
                                                                              Tax
                                                                              Payment
FORM EKSCF 4F

EKITI STATE INDEPENDENT ELECTORAL COMMISSION FORMS FOR NOMINATION OF
CANDIDATE FOR LOCAL GOVERNMENT CHAIRMANSHIP ELECTION




To:

The Chairman

Ekiti State Independent Electoral Commission

Ado – Ekiti                                                          Date…………...




I,…………………………………………………………………………………………..

                                        (NAME)

Of………………………………………………………………………………………….

                                       (ADDRESS)

Whose occupation is………………………………………………………………………

                                     (OCCUPATION)

  1.                       I am the candidate to whom this nomination paper relates
         and I am willing to stand the Chairmanship election
         for……………………………………….. Local Government Area.
  2.                       I am a Nigerian citizen of not less than thirty years of age.
3.                       I have paid my income tax as and when due for the three
      years immediately proceeding the year of election.
4.                       I am resident at ………………………………………………
      which is within the said ……………………………………. Local Government
      Area.
5.                       I have never been adjudged a lunatic or otherwise to be of
      unsound mind.
6.                       I am not an undischarged bankrupt.
7.                       I have not been convicted for an offence involving
      dishonesty or fraud.
8.                       I am not currently employed in the public service of the
      Federation or of a State or Local Government.
9.                       I have not been found guilty or contravening the Code of
      Conduct under the Code of Conduct Bureau and Tribunal Act.
10.                      I have not been dismissed from the Public Service or the
      Private Sector.
11.                      I have not been found guilty of an offence involving narcotic
      drugs under any law in force in or outside Nigeria.
12.                      I am not a member of a Secret Society.
13.                      My educational qualifications are:
      ……………………………………………………………………………………
      ……………………………………………………………………………………
      ……………………………………………………………………………………
14.                      I am sponsored
      by………………………………………………………………..
We, the undersigned are the nominators of the above candidate and are
      registered voters in the constituency in respect of which the candidate seeks to
      contest the Council Chairmanship Election.
Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                                           ……………………………

                                                             Signature of 1st Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………
……………………………

                                           Signature of 2nd Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 3rd Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...
Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 4th Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 5th Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….
Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...




Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 6th Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 7th Nominator
Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………



                                           ……………………………

                                           Signature of 8th Nominator

Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 9th Nominator
Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 10th Nominator
FORM EKSCF 4G

EKITI STATE INDEPENDENT ELECTORAL COMMISSION FORMS FOR NOMINATION OF
CANDIDATE FOR LOCAL GOVERNMENT CHAIRMANSHIP ELECTION




To:

The Chairman

Ekiti State Independent Electoral Commission

Ado – Ekiti                                                          Date…………...




I …………………………………………………………………………………………..

                                           (NAME)

Of………………………………………………………………………………………….

                                          (ADDRESS)

Whose occupation is………………………………………………………………………

                                        (OCCUPATION)

      1.                      I am the candidate to whom this nomination paper relates
           and I am willing to stand the Councillorship election
           for……………………………………….. Local Government Area.
2.                       I am a Nigerian citizen of not less than thirty years of age.
3.                       I have paid my income tax as and when due for the three
      years immediately proceeding the year of election.
4.                       I am resident at ………………………………………………
      which is within the said ……………………………………. Local Government
      Area.
5.                       I have never been adjudged a lunatic or otherwise to be of
      unsound mind.
6.                       I am not an undischarged bankrupt.
7.                       I have not been convicted for an offence involving
      dishonesty or fraud.
8.                       I am not currently employed in the public service of the
      Federation or of a State or Local Government.
9.                       I have not been found guilty or contravening the Code of
      Conduct under the Code of Conduct Bureau and Tribunal Act.




10.                      I have not been dismissed from the Public Service or the
      Private Sector.
11.                      I have not been found guilty of an offence involving narcotic
      drugs under any law in force in or outside Nigeria.
12.                      I am not a member of a Secret Society.
13.                      My educational qualifications are:
      ……………………………………………………………………………………
      ……………………………………………………………………………………
      ……………………………………………………………………………………
14.                      I am sponsored
       by………………………………………………………………..
       We, the undersigned are the nominators of the above candidate and are
       registered voters in the constituency in respect of which the candidate seeks to
       contest the Council Councillorship Election.


Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………

                                                            ……………………………

                                                              Signature of 1st Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...
Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 2nd Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 3rd Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….
Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 4th Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 5th Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….
Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 6th Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 7th Nominator
Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………

                                           ……………………………

                                           Signature of 8th Nominator




Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 9th Nominator
Name………………………………………………………………………………………..Address…………………………
…………………………………………………………..

Occupation………………………………………………………………………………….

Local Government Area…………………………………………………………………….

Ward………………………………………………………………………………………...

Date…………………………………………………………………………………………




                                           ……………………………

                                           Signature of 10th Nominator
FORM EKSC 5



 EKITI STATE INDEPENDENT ELECTORAL COMMISSION ELECTORAL OFFICER’S RULING
                       AS TO VALIDITY OF NOMINATION



TO…………….........................

………………………………..

………………………………..

Take notice that a nomination paper received by me on ………………. In your favour *(has
been accepted/rejected by me upon the following grounds):

…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
………………………………………………………………



Dated this …………………….. day of ………………… 20 …………………….




                                                Electoral Officer

                                    Ekiti State Independent Electoral Commission



*Strike out words not applicable.
FORM EKSEC 6A (1)



                 EKITI STATE INDEPENDENT ELECTORAL COMMISSION



           STATEMENT OF RESULT OF POLL FOR ELECTION OF COUNCILLOR



POLLING STATE……………………….. CODE NO……………………………



WARD……………………………………. CODE NO……………………………



LOCAL GOVERNMENT AREA………… CODE NO…………………………..



STATE……………………………………… CODE NO……………………………




NO OF VOTERS ON THE REGISTER IN FIGURE



NO OF VOTERS ON THE REGISTER IN WARDS………………………………



SERIAL NOS OF VOTING CARDS ISSUED TO POLLING STATION……….. TO………..



SERIAL NOS OF VOTING CARDS ISSUED TO VOTERS…………….. TO………………..
SERIAL NOS OF THE BALANCE OF UNUSED VOTING CARDS…………. TO………….



That I was the presiding officer for the election held on……….. Day ………. At the above Polling Station.



That the election was contested / uncontested.



That the Candidate / Parties scored the following votes:



Votes scored by LP Candidate in figures



Votes scored by LP Candidate in words…………………………………………………



Votes scored by PDP Candidate in figures



Votes scored by PDP candidate in words…………………………………………………



Votes scored by AC Candidate in figures



Votes scored by AC Candidate in words…………………………………………………..




NO OF INVALID VOTE IN FIGURE
NO OF INVALID VOTES IN WORDS…………………………………………………..



Dated this………………………………Day of ……………………………… 20 ……….



Name of Presiding Officer………………………………Signature ……………………….



Name & Signature of LP Agent …………………………………………………………….



Name & Signature of PDP Agent……………………………………………………………..



Name & Signature of AC Agent……………………………………………………………...
FORM EKSEC 6A



                 EKITI STATE INDEPENDENT ELECTORAL COMMISSION



      STATEMENT OF RESULT OF POLL FOR ELECTORAL OF CHAIRMAN OF LOCAL
                           GOVERNMENT COUNCIL



POLLING STATE……………………….. CODE NO……………………………



WARD……………………………………. CODE NO……………………………



LOCAL GOVERNMENT AREA………… CODE NO…………………………..



STATE……………………………………… CODE NO……………………………




NO OF VOTERS ON THE REGISTER IN FIGURE



NO OF VOTERS ON THE REGISTER IN WARDS………………………………



SERIAL NOS OF VOTING CARDS ISSUED TO POLLING STATION……….. TO………..
SERIAL NOS OF VOTING CARDS ISSUED TO VOTERS…………….. TO………………..




SERIAL NOS OF THE BALANCE OF UNUSED VOTING CARDS…………. TO………….



That I was the presiding officer for the election held on……….. Day ………. At the above Polling Station.



That the election was contested / uncontested.



That the Candidate / Parties scored the following votes:



Votes scored by LP Candidate in figures



Votes scored by LP Candidate in words…………………………………………………



Votes scored by PDP Candidate in figures



Votes scored by PDP candidate in words…………………………………………………



Votes scored by AC Candidate in figures



Votes scored by AC Candidate in words…………………………………………………..
NO OF INVALID VOTE IN FIGURE




NO OF INVALID VOTES IN WORDS…………………………………………………..



Dated this………………………………Day of ……………………………… 20 ……….



Name of Presiding Officer………………………………Signature ……………………….



Name & Signature of LP Agent …………………………………………………………….



Name & Signature of PDP Agent……………………………………………………………..



Name & Signature of AC Agent……………………………………………………………...
FORM EKSEC 6B



                       EKITI STATE INDEPENDENT ELECTORAL COMMISSION



 SUMMARY OF RESULTS FROM POLLING STATIONS FOR ELECTION TO THE OFFICE OF CHAIRMAN OF
                                     COUNCIL



LOCAL GOVERNMENT AREA……………………………….. CODE……………

LEVEL OF COLLATION…….. WARD………… NAME OF WARD……… CODE………




VOTES RECEIVED BY THE CANDIDATE



POLLING                      LP                       PDP                  AC

S/NO      STATION   NAME          NAME OF     IN       NAME OF     IN       NAME OF     IN
          CODE                    CANDIDATE   WORDS    CANDIDATE   WORDS    CANDIDATE   WORDS
                                  IN FIGURE            IN FIGURE            IN FIGURE




   1

   2

   3

   4

   5



   6
7

     8

     9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20



Total No. of Votes

No. of Votes B/F

Total No. of Votes Carried Over

 NAME OF WARD RETURNING

 OFFICER…………………………….. SIGNATURE…………………. DATE / STAMP………………..

 NAME AND SIGNATURE OF PARTY AGENT………………………………………………………

                                                               …………………

                                                               LP

                                                               ……………………
                                                               PDP

                                                                ……………………. AC
FORM EKSEC 6B (1)



                       EKITI STATE INDEPENDENT ELECTORAL COMMISSION



           SUMMARY OF RESULTS FROM POLLING STATIONS FOR ELECTION OF COUNCIL



LOCAL GOVERNMENT AREA……………………………….. CODE……………

LEVEL OF COLLATION…….. WARD………… NAME OF WARD……… CODE………




VOTES RECEIVED BY THE CANDIDATE



POLLING                      LP                   PDP                  AC

S/NO      STATION   NAME      NAME OF     IN       NAME OF     IN       NAME OF     IN
          CODE                CANDIDATE   WORDS    CANDIDATE   WORDS    CANDIDATE   WORDS
                              IN FIGURE            IN FIGURE            IN FIGURE




   1

   2

   3

   4

   5

   6
7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

Total No. of Votes

No. of Votes B/F

Total No. of Votes

Carried Over

 NAME OF WARD RETURNING

 OFFICER…………………………….. SIGNATURE…………………. DATE / STAMP………………..

 NAME AND SIGNATURE OF PARTY AGENT………………………………………………………….              ………………….

                                                                           LP

                                                                       ……………………
                                                                          PDP


                                                               …………………….

                                                                            AC
FORM EKSEC 6C



                       EKITI STATE INDEPENDENT ELECTORAL COMMISSION



       SUMMARY OF RESULTS FROM POLLINGWARDS FOR ELECTION OF CHAIRMAN OF COUNCIL



LOCAL GOVERNMENT AREA……………………………….. CODE……………

LEVEL OF COLLATION…….. WARD………… NAME OF WARD……… CODE………




VOTES RECEIVED BY THE CANDIDATE



POLLING                      LP                       PDP                  AC

S/NO      STATION   NAME          NAME OF     IN       NAME OF     IN       NAME OF     IN
          CODE                    CANDIDATE   WORDS    CANDIDATE   WORDS    CANDIDATE   WORDS
                                  IN FIGURE            IN FIGURE            IN FIGURE




   1

   2

   3

   4

   5

   6
7

      8

      9

     10

     11

     12

     13

     14

     15

     16

     17

     18

     19

     20

Total No. of Votes

No. of Votes B/F

Total No. of Votes

Carried Over

 NAME OF WARD RETURNING

 OFFICER…………………………….. SIGNATURE…………………. DATE / STAMP………………..

 NAME AND SIGNATURE OF PARTY AGENT………………………………………………………….

                                                               ………………….

                                                                       LP

                                                                   ……………………
                                                                      PDP

                                                               …………………….

                                                                       AC
Fated this…………………..Day of…………......20…………..




Name of Presiding Officer……………….....Signature………..

Name & Signature of LP Agent …………………………..

Name & Signature of PDP Agent………………………….

Name & Signature of AC Agent……………………………
EKITI STATE INDEPENDENT ELECTORAL COMMISSION

                   ELECTION OF LOCAL GOVERNMENT COUNCIL

                          CERTIFICATE OF RETURN AT ELECTION



I hereby certify that the Person elected for ………………………. Local Government Area in

the election held on ………………. Is……………………………

                                             (State the full names of the Chairman)

Of ………………………………………………………………………………………..



…………………………………. (State the full address of the Chairman)………………

Dated this……………………… Day of …………………………………………………



ADDRESS…………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………




                       EKITI STATE INDEPENDENT ELECTORAL COMMISSION
FORM EKSTF 001

                               RECEIPT OF PETITION

             IN THE LOCAL GOVERNMENT ELECTION TRIBUNAL EKITI STATE



                                                          HOLDEN AT……………

                                                   PETITION NO…………………

BETWEEN:

…………………………………………………………..) Petitioners

…………………………………………………………………………)

And

……………………………………………………………) Respondents

……………………………………………………………………………….)

Received on the …………………….. date of …………………… at the registry of………………….
Local Government Election tribunal a member of the Ward/Constituency purporting to
be signed by (insert name of petitioner).

Dated at ……………………… this ……………….. date of…………………



                                      Registry

For Service on:

The Petitioner (s)

…………………

…………………

…………………
FORM EKSTF 002

                                             PETITION

                 IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL



The Election to ……………………. Local Government Council for the Ward/Constituency/Local Government
Area held on the ……….. day of ………..



Between

A.B ………………………….) Petitioners (s)

C.D ………………………….)



And

E.F ………………………….) Respondent (s)

G.H ………………………….)



The petition of A.B. of ………………(or of A.B. of ………………C.D of Or as the case may be) whose names are
subscribed.

      1. Your petition A.B. is a person who voted (or had a right to vote, as the case may be) at
         the above election (or claims to have had a right to be returned or elected at the above
         election) or was a candidate at the above election, and your petitioner C.D. here state in
         like manner the right or each
         petitioner)…………………………………………………………………………………
         ………………………………………………………………………………………………
         …………………………………………………………………………
      2. And your petitioner (s) state (s) that the person was held on the ………….. day of
         …………………… When A.B. (and C.D) and B.F. (and G.H) were candidate.
      3. And your petitioner (s) state (s) that (here state facts and grounds on which the
         petitioner(s)reply……………………………………………………………………………
………………………………………………………………………………………………
   ……………………………………………………………………………………
4. Therefore you petitioner (s) pray (s) that it may be determined that the said E.F. (and
   G.H) was (were) not duly elected (or returned) and that the (or his) election was void or
   that the said A.B (and C.D) was (were) elected and ought to have been returned, or as the
   case may be.
   Signed……………………….. A.B
   ……………………………….. C. D
   Address for services (within 5 kilometers)
   Of a Post Office within the judicial Division
   ……………………………………………….
   ……………………………………………….
   The name of my (or our) solicitor is ……………………………………………….
   Or (or we) am (or are) acting for myself (or ourselves)
   Signed………………………… A.B
   ………………………………… C.B
   Signed before me this……………….. day of ………………..……
                                                           ……………….

                                                                                Registrar
FORM EKSTF 003

                        NOTICE OF PRESENTATION OF PETITION

 IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL OF EKITI STATE HOLDEN
                           AT……………………..

                                                                  Petition No………..




Between

………………………….) Petitioners (s)

………………………….)



And

………………………….) Respondent (s)




G.H ………………………….)



To Respondent (s)



Take notice that a petition, a duplicate whereof is attached hereto, has this day been
presented in the Registry of the tribunal named above and that you are to enter an
appearance in respect of the petitioner to the said registry within …………… days of the
date when this notice left your address set out below, or as the Tribunal may direct by
order under paragraph 9 (2) of Schedule 5 to this Law, otherwise proceedings on the
petition may be continued and determined in default of your appearance, and any
document intended for you may be posted up on the tribunal notice board, which shall
be sufficient notice thereof.




Dated this……………….. day of ……………… 20………….




                                                                        Registrar



To:…………………………

…………………………….

…………………………….
FORM EKSTF 004



     EKITI STATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION



         RETURN OF LIST OF CANDIDATES DECLARED NOT QUALIFIED TO CONTEST ELECTION.



                                                                    Date: …………..



  NAME OF POLITICAL PARTY …………………………………………………………………….

  STATE ………………………………………………………………………………………………..

  LOCAL GOVERNMENT …………………………………………………………………………….



S/NO Name of   Age Sex Home    Ward or      Post      Educational Particulars Remark
     Candidate         Address Constituency Being     Qualification of 3years
                                            Contested               Tax
                                                                    Payment
FORM EKSTF 005

       IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL OF
                 EKITI STATE HOLDEN AT……………………

                                                          PETITON NO …………


Between

………………………….) Petitioners (s)

………………………….)

And

………………………….) Respondent (s)

G.H ………………………….)

                                 HEARING NOTICE

TAKE NOTICE that the above election petition will be heard on ………. The ……. Day of
………. 20 ………. And on such other days as the Tribunal may determine.

Dated this……………………….. Day of …………………….. 20 ………………



                                      Registrar

Address of the Service

Petitioner…………….

………………………..

………………………..

Respondent

………………………...

………………………..
FORM EKSTF 006



NOTICE OF MOTION TO WITHDRAW PETITION IN THE LOCAL GOVERNMENT COUNCIL
       ELECTION TRIBUNAL OF EKITI STATE HOLDEN AT ……………………………



                                                              PETITION NO …………



Between

………………………….) Petitioners (s)

………………………….)



And

………………………….) Respondent (s)

G.H ………………………….)




TAKE NOTE that this Honourable tribunal will be moved on ……………. Day of …………….. at
the hour of 9 o’clock in the forenoon or so soon thereafter as the petition or counsel on
his behalf can be heard praying the Tribunal for an order enabling the petitioner to
withdraw the above petition on the following grounds:

……………………………………………………………………………………………

…………………………………………………………………………………………

……………………………………………………………………………………………

Dated at ……………………… this ……………………… date of ……………………..
Registrar

For Service on

……………………

Petitioner (s) Solicitor



Made this ……………. Day of ………………




                                          Registrar

                                          EXPLANATORY NOTE



(this NOTE DOES not form part of the above law but is intended to explain its purport).

The Law is made to ensure the election into the elected posts of the Local Government
Councils in the 16 Local Government Areas of the State to provide among other things.

   (a) For the conduct of elections to those Councils; and
   (b) For offences, penalties; and
   (c) The determination of questions relating to the elections.
This printed impression has been carefully compared by me with the
Bill, which has been passed by the Ekiti State House of Assembly and
found by me to be a true copy of the said Bill.




……………………………………………..

MR. BEN. AKINTUNDE FAMOYEGUN

  Clerk of the House of Assembly




                                   ...........................................................

                                    Rt. Hon. (Dr.) Adewale A. Omirin

                                               Speaker of the House
Governor’s Assent



       I hereby signify my assent to this Bill




            DR. KAYODE FAYEMI
       Executive Governor of Ekiti State




MADE AT ADO EKITI THIS 30th DAY OF Sept, 2011

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

  • 1.
    A LAW TOPROVIDE FOR THE CONDUCT OF ELECTIONS INTO ALL THE ELECTIVE OFFICES PROVIDED FOR IN THE LOCAL GOVERNMENT LAWS AND FOR OTHER MATTERS INCIDENTAL THERETO NO. 17 OF 2011 EKITI STATE OF NIGERIA.
  • 2.
    A LAW TOPROVIDE FOR THE CONDUCT OF ELECTIONS INTO ALL THE ELECTIVE 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:
  • 3.
    “Commission” means theState Independent Electoral Commission established by the Ekiti State Independent Electoral Commission Law, 2011. “Decision” means in relation to court or tribunal, any determination of that court or tribunal and includes a judgment, conviction, sentence, order or recommendation; “Document” means Educational Certificate, Driver’s License, Tax Clearance or any relevant documents for the purpose of conducting an election; “Electoral Officer” means regular staff of the Commission who is the head of 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 State Government or of a Local government Area, or any person or organ exercising power or authority on its behalf; “Oath” includes affirmation’ “Oath of Allegiance” means the Oath of Allegiance prescribed under Schedule 2 to this law;
  • 4.
    “Oath of office”means the Oath of Office prescribes under Schedule 2 to this Law; “Office” means any of the Political offices, the appointment to which is by election under this Law; “Petition” means election petition under this Law; “Political Party” means a Political Party registered by the Commission and shall include Political Parties provisionally registered by the Commission for the purpose of Local Government Council elections under this Law; “Polling Station” means the place, enclosure, booth, shade or house at which 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 an election 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;
  • 5.
    “Secret Society” includesany 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 for the 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.
  • 6.
    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 Units 4(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
  • 7.
    (c) he is registered as a voter in the Ward or Local Government Area and subject to subsection (3) of this section, has obtained a registration card to be presented at the polling station or unit on the day 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 the Polling 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:
  • 8.
    (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 Elections 6. (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 or Constituency; (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 Federation or State or Local Government or Area Council, or from an employment in the Private Sector;
  • 9.
    (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:
  • 10.
    (a) be withdrawn from the election; and (b) if already elected, cease to be a Councilor, Chairman, Vice – Chairman, as the case may be. Residence 7. (1) For the purpose of this Law, a person shall be deemed to be ordinarily resident in that place where he normally lives, sleeps and has his 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 elections 8. Candidates and their parties shall campaign for the elections in such manner and in accordance with such guidelines as the Commission may, from time to time.
  • 11.
    Date of LocalGovernment Elections 9. Elections to all the Local Government Councils shall be held on the same day throughout the State as directed by the Commission. Voting 10 (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 Officers 11. The provisions set out in Schedule 3 to this Law shall have effect with respect to the appointment and supervision of officers and the other matters contained therein. Rules of Procedures at Elections 12. 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.
  • 12.
    Forms 13. 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 duty 14. (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:
  • 13.
    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 Offence 15. 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 etc 16. (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:
  • 14.
    (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 1 17. (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
  • 15.
    candidate in attendanceat 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 about to vote; or (c) communicate to a person information obtained while assisting a voter as to the candidate for whom the voter has voted or is about to vote; or (d) communicate at any time to any person any information obtained in a place of voting through whatever means as to the candidate for whom a voter in that place is about to vote or has voted.
  • 16.
    (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 practice 18. (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
  • 17.
    (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 impersonation 19. (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 the name 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,
  • 18.
    living or deador 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 influence 20. (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.
  • 19.
    (2) A voter who corruptly accepts or takes any food, drinks, entertainment or provisions to which subsection (1) of this section relates at an election is guilty of undue influence. Threatening 21. 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 on account 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.
  • 20.
    Bribery 22. (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 valuable consideration to or for any voter, or to or for any person, in order to induce the voter to vote or refrain from voting, or (ii) corruptly does an act referred to in sub – paragraph on account of that 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 to procure, any office, place, employment to or for a voter or for a person, 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
  • 21.
    (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 return of a person as a member of a Local Government Council or the vote of a voter; or (d) in consequence of any gift, loan offer, promise, procurement or agreement, procures or engages or promises or endeavour to procure, the return of any person as a member of Local Government 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,
  • 22.
    or having induced any other person to vote or refrain from voting at 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, etc 23. (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.
  • 23.
    (2) A personwho is guilty of impersonation, corrupt practices, threatening, undue influence or bribery or of aiding, abetting, counseling or procuring the 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
  • 24.
    (f) Without dueauthority, 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 practices 25. 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
  • 25.
    fine of N200,000.00 or imprisonment for a term of one year or to both such fine and imprisonment. Voting when not registered 26. 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 register of 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 paper 27. (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
  • 26.
    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 result 28. 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
  • 27.
    on conviction toa 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 offences 29. 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 is guilty 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 fine and 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
  • 28.
    (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 this Law for the purpose of making official announcement relating to the election. (2) No person shall on the date or dates on which a poll is to be taken at a 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 polling station or unit or in a public or private place within a distance of two 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
  • 29.
    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 meetings 33. A person who at a public lawful meeting to which this law applies –
  • 30.
    (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 offences 35. An attempt or a conspiracy to commit an offence specified in this law shall be punishable in the same manner as the offence.
  • 31.
    Trial of offences 36. (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;
  • 32.
    (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 a period 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 Petition 38. (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”) presented to the Election Tribunal in accordance with the provisions of this part of this Law.
  • 33.
    (2) An electionpetition shall be presented within 21 days from the date on which the election is held. Presentation of Petition 39. (1) An election petition may be presented by one or more of the following persons: (a) a candidate at the election; or (b) a Political Party which participated at election. Grounds on which election may be questioned 40. (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
  • 34.
    (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 excluded from 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 not be reviewed. Power of Tribunal to nullify election of returned candidate with majority votes 41. (1) Subject to subsection (2) of this section, if the Tribunal determines that a candidate returned as elected was not elected on any ground, 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
  • 35.
    lawful votes castat the election then the election tribunal shall declare as elected the candidate who scored the majority of lawful votes 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 given within 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.
  • 36.
    Voter not requiredto disclose his vote 44. 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 thereof 45.(1) Where a date has been appointed for the holding of an election and there is 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 date for the taking of the poll between the candidates.
  • 37.
    (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 documents 46. (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
  • 38.
    satisfied that theorder 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 to inspection on an order made by a Tribunal in exercise of its powers to compel the production of documents in legal proceedings, but shall not otherwise be open to inspection. Remuneration for election officials 47. (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
  • 39.
    connection with theconduct 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 PROVISIONS The forms set out in Schedule 6 to this Law may with such modifications as the Commission may think expedient, be used for the purposes of Local Government elections with respect to the matters contained therein. Repeal 49. The Ekiti Electoral Laws No. 5 of 2001 and all subsequent amendment thereto are hereby repealed.
  • 40.
    SCHEDULES SCHEDULE I LOCAL GOVERNMENT AREA COUNCILS OF EKITI STATE OF NIGERIA Local Government Area/Councils Headquarters of Local Government Areas ADO ADO – EKITI EKITI EAST OMUO – EKITI EKITI SOUTH WEST ILAWE – EKITI EKITI WEST ARAMOKO – EKITI EFON – ALAAYE EFON – ALAAYE EMURE EMURE – EKITI GBONYIN ODE – EKITI ISE/ORUN ISE – EKITI IDO/OSI IDO – EKITI IJERO IJERO – EKITI IKERE IKERE – EKITI IKOLE IKOLE – EKITI
  • 41.
    IREPODUN/IFELODUN IGEDE – EKITI ILEJEMEJE IYE – EKITI MOBA OTUN – EKITI OYE OYE - EKITI SCHEDULE 2 OATH OATH OF ALLEGIANCE I do solemnly swear / affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria: that as the Chairman / Vice Chairman / Leader / Deputy Leader / Councilor or /Supervisor of Local Government Council, will discharge my duties to the best of my ability faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria: that I will live to preserve the Fundamental objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria: that I will exercise the authority vested in me as Chairman / Vice-Chairman / Leader/ Deputy Leader / Councilor /Supervisor so as not impede or prejudice the authority lawfully vested in the President and Commander – in – Chief of the Armed forces of the Federal Republic of Nigeria and Government of Ekiti State of Nigeria and so as not to endanger the continuance of Federal Government of Nigeria: that I will not allow my personal interest to influence my official conduct or my official decisions: but I will to the best of my ability preserve, protect and defend the Constitution of the Federal
  • 42.
    Republic of Nigeria;that I will abide by the code of conduct as contained in the code of conduct bureau and tribunal act; that in all circumstances, I will do right to 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 any matter which shall be brought under my consideration or shall become known to me as Chairman / Vice – Chairman / Leader / Deputy Leader / Councilor / Supervisor of …………… local Government council except as may be required for the due discharge of my duties as Chairman / Vice – Chairman / Leader / Deputy Leader / Councilor / Supervisor and that I will devote myself to the service and well – being of the people of Nigeria. So help me God.
  • 43.
    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.
  • 44.
    (2) The Commissionshall 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 provisions of 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 the performance of their functions.
  • 45.
    Appointment of Officerto 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.
  • 46.
    Disqualification from membershipof 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 while he 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 and the 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
  • 47.
    of the politicalparty 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.
  • 48.
    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 date of 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
  • 49.
    the personal particularsof 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 at an election and the Commission shall, upon payment of a prescribed fee, issue such person with a certified copy of the document within 14 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
  • 50.
    false, the Court shall issue an order disqualifying the candidate from 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 to a 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.
  • 51.
    (3). Where acandidate is rejected, the commission shall afford the political party 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 of which an election is to be held; and (b.) A chairman shall be nominated by 10 persons whose name appear on 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) of Schedule 4 to the Principal Law, except in the case of death or withdrawal by the candidate.
  • 52.
    Form EKSC.4F or4G 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,
  • 53.
    so however, thatno 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.
  • 54.
    (2) The ElectoralOfficer 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 as required 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 or Local 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 respect of 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 been validly nominated, he shall endorse and sign on the nomination paper the fact and reasons for his decision, and that decision shall only be subject to review by an election tribunal as provided for in this law.
  • 55.
    (5) Form EKSEC.5Schedule 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 candidate or 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 manner as 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.
  • 56.
    7. Death of Sole Candidature (1) If after the latest time for the delivery of nomination papers and before the commencement of the poll, a nominated candidate dies, the Chairman of the Commission shall, being satisfied of the fact of the death countermand the poll in which the deceased candidate was to participate and the Commission shall appoint some other convenient date for the election within 14 days. (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 had not 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 the Chairman–
  • 57.
    (a) Only one candidate has been nominated, the Commission shall extend 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 for nomination 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 declared returned 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.
  • 58.
    Contested election ofChairman 10. (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 accordance with Sub-paragraph (4) of this paragraph at which the only candidates shall be:
  • 59.
    (a) the candidate who scored the highest number of votes at the election held under Sub-paragraph (1) and (2) of this paragraph; and (b) the candidate who has the majority of the vote in the highest number of Wards, so however that where there are more than one candidate, the one among them with the highest number of votes cast at the election shall be the second candidate for the election. (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 shown in 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 each of 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,
  • 60.
    arrange for anotherelection between the two candidates shown in Sub- paragraph (3) of this paragraph, and a candidate at this last election shall be 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 declared returned 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.
  • 61.
    13. Issue ofcertificate 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 on the date appointed for the election, the Commission shall fix another date for the election. 15. Ascertainment of result of poll The result of the poll shall be ascertained by counting the votes cast for each 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.
  • 62.
    (2) The Commissionshall- (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
  • 63.
    (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 purpose of detecting impersonation.
  • 64.
    (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;
  • 65.
    (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 and shall then opened without breaking the seal.
  • 66.
    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;
  • 67.
    (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
  • 68.
    (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;
  • 69.
    (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
  • 70.
    Commission and anotherelection 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 other the 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.
  • 71.
    24. Impersonation by applicant for ballot paper (1) If at a time a person applies for a ballot paper, or after he has so applied and before he has left the polling station, the polling agent declares to the presiding officer that he has reasonable cause to believe that the person has committed the offence of impersonation and undertakes to substantiate the 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 the Presiding Officer shall cause the word “protested against for impersonation” to the place against his name in the marked copy of the register of voters or part of 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 is not 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 and on the count being taken that ballot paper shall be invalid.
  • 72.
    (4) A person arrested under the provisions of this paragraph shall be deemed to be a person taken into custody by a police officer for an offence in respect of 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 person the person shall, on giving satisfactory answers to the questions set out in paragraph 23 (1)(f) of this Schedule, be entitled, if he wishes to receive a ballot paper 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 being put 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.
  • 73.
    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 to obey 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 by any 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, the person shall be deemed to be a person taken into custody by a police officer for 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 polling station 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
  • 74.
    proceedings till thefollowing 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 paper kept face upwards. (2) During the counting of the votes, all rejected ballot papers shall be put in a special envelope.
  • 75.
    (3) Form EKSEC 6A and 6A (1) Schedule 6 The votes scored by each candidate shall be entered in a statement of result 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 polling station or unit and the Presiding Officer shall equally announce the results at the 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
  • 76.
    announced by theward 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”.
  • 77.
    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 a recount of the votes is completed by the Presiding Officer, demand to have the votes recounted, but the Presiding Officer may refuse to do so if in his opinion the request is unreasonable.
  • 78.
    34. Equality of votes When there is an equality of votes between candidates so that the addition of the vote would entitle any of the candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot and proceed as if the candidate on whom the lot falls had received an additional 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.
  • 79.
    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 of an agent at the time and place appointed for the purpose shall not, if the act or 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 schedule 6 under this Law shall be issued within 7days to every candidate who has won 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
  • 80.
    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.
  • 81.
    SCHEDULE 5 PROCEDURE FOR ELECTION PETITION Interpretation 1. 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.
  • 82.
    Hearing and determinationof petition 2. (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 three months. Security for costs 3. (1) At the time of presenting an election petition, the petitioner shall give security for all costs which may become payable by him to a witness 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.
  • 83.
    (4) If no security is given as required by this section there shall be no further proceedings on the election petition. Presentation of election petition 4. (1) The presentation of an election petition shall be made by the petitioner (or petitioners if more than one) leaving it in person, or by the hand of the Solicitor, if any, named at the foot of the election petition, with the Registrar and the Registrar shall if so required give a receipt which may be in Form EKSTF001 set out in Schedule 6 of this Law. Form EKSTF 001 Schedule 6 (2) At the time of presenting the election petition, there shall also be left a copy of the election petition for each respondent and seven other copies. (3) The Registrar shall compare the copy of the election petition sent in accordance with Sub-paragraph 2 above with the original petition and shall certify it as a true copy of the election petition on being certified by the comparison that it is a true copy of the election petition. (4) The Petitioner or his Solicitor shall, at the time of presenting the election petition, pay the fees for the service and the publications of the petitions
  • 84.
    and for certifying the copies and in default of the payment, election petition shall not be received, unless the Tribunal otherwise orders. Contents of election petition 5. (1) An election petition shall- (a) specify the parties interested in the election petition; (b) specify the right of the petitioner to present election petition; (c) state the holding and result of the election, scores of the candidates and the person returned as the winner of the election; (d) state clearly the facts and grounds relied on to sustain the prayer of the election petition. (2) The election petition shall be divided into paragraphs each of which, as nearly as may be, shall be confined to a distinct portion of the subject and every paragraph shall be numbered consecutively, and no cost shall be allowed for drawing up or copying an election petition not substantially in compliance with the provision, unless the election tribunal otherwise orders. (3) The election petition shall further:-
  • 85.
    (a) conclude with a prayer, as for instance, that some specified person may be declared duly returned or elected or that the election may be declared duly returned or elected or that the election may be declared void, as the case may be ; and (b) be signed by the petitioner (or all petitioners if more than one) or by the solicitor (if any) named at the foot of the election petition; (4) At the foot of the election petition there shall be stated – an address for service within the judicial division, and the names of the occupier, at which address documents intended for the petitioner may be left. (5) If an address for the service and its occupier are not stated that petition shall not be filed, unless the Election Tribunal otherwise orders. (6) At the foot of the election petition there shall be added a note signed by the petitioner giving the name of his solicitor, if any, or stating that he acts for himself as the case may be. Form EKSTF 002 Schedule 6 (7) The Form EKSTF 002 set out in Schedule 6 of this Law or one to the link effect, shall be sufficient for the purpose of the election petition.
  • 86.
    Further Particulars 6. Evidence need not to be stated in the election petition, but the Election Tribunal may order such particulars as may be necessary: (a) To prevent surprise and unnecessary expense; (b) To ensure a fair and effectual heating in the same way as in a civil action in the High Court; and (c) On such items as to costs and otherwise as may be ordered. Address for Service 7. For the purpose of service of election petition on the respondent, the petitioner shall furnish the Register with the address of the respondent’s abode or the address of a place where personal service can be affected on the respondent. Action by Registrar-Form EKSF 003 Schedule 6 8. (1) On the presentation of an election petition and payment of the requisite fees, the Registrar shall forthwith (a) cause notice, in Form EKSCTF 003 set out in Schedule 6 to this Law, of the presentation of the election petition to be served on the respondent;
  • 87.
    (b) post on the Tribunal-notice board a certified copy of the election petition; (c) send a certified copy by the registered post or messenger to the person or authority of whom it is required by Law that the determination of the election petition shall be certified; and (d) where the election Tribunal so directs, cause a certified copy to be published in the Gazette of the State. (2) In the notice of presentation of the election petition, the Registrar shall state a time not being less than seven days or more than ten days after the date of the service of the notice, within which the respondent is to enter an appearance. (3) In fixing the time within which the respondent is to enter an appearance, the Registrar shall have regard to- (a) the necessary for securing a speedy hearing of the election petition; and (b) the distance from the Registry to the address furnished under Paragraph 4 of this Schedule. 9. (1) Subject to Sub-paragraph service (2) and (3) of this paragraph, service on the respondent –
  • 88.
    (a) Of thedocuments mentioned in Sub-paragraph (1) (a) of the paragraph 8 of this Schedule; and (b) Of any other documents required to be served on him before entering an appearance shall be personal (2) Where the petitioner has furnished under paragraph 7 of this Schedule the address of the place where personal service can be effected on the respondent and the respondent cannot be found at that place, the Election Tribunal, on being satisfied on an application supported by an affidavit showing that all reasonable efforts has been made to effect personal service may order that service of any document mentioned in Sub- paragraph (1) of this paragraph be effected in any of the ways mentioned in the relevant provisions of the Civil Procedure Rules for effecting substituted service in the civil case and that service be deemed to be equivalent to personal service. (3) The proceedings under the election petition shall not be vitiated notwithstanding the fact that- (a) the respondent may not have been served personally; or (b) a document of which substituted service has been effected pursuant to an order made under Sub-paragraph (2) of this paragraph did not reach the respondent’s hands and in either case, the proceedings may be heard and continued as if the respondent had
  • 89.
    been served personally with the document and shall be valid and effective for all purposes. Entry and default of appearance 10. (1) Where the respondent intends to oppose the election petition, he shall– (a) within such time after being served or deemed to be served with the petition; or (b) where an order has been made under Sub-paragraph (2) of paragraph 8 of this Schedule, within such other time (if any) may be stated in that order, enter an appearance by filling in the Registry a memorandum of appearance stating that he intends to oppose the petition and giving the name and address of the Solicitor, if any, or stating that he acts for himself as the case may be and in either case, giving an address for serve within the Judicial Division and the name of its occupier, at which documents intended for the respondent may be left. (2) If any address for service and its occupier are not stated, the memorandum shall be filed, unless the Election Tribunal otherwise orders.
  • 90.
    (3) The memorandum of appearance which may be in Form EKST F 004 set out in Schedule 6 to this Law shall be signed by the respondent or his solicitor, if any. (4) At the time of filing the memorandum of appearance, the respondent or his solicitor shall:- (a) leave a duplicate of the memorandum for each of the other parties to the petition and three other duplicates of the memorandum, and (b) pay the fees for service, and in default of the duplicates being left and the fees being paid at that time, the memorandum shall not be filed, unless the Election Petition otherwise orders. 11. (1) If the respondent does not file a memorandum of appearance as required under Paragraph 10 of this Schedule, a document intended for him may be posted on the Tribunal notice board and that posting shall be sufficient notice of the document. (2) The non-filing of a memorandum of appearance shall not bar the respondent from defending the election petition. Notice of appearance 12. The Registrar shall cause a duplicate of the memorandum of appearance to be served on or its notice to be given to, the other parties to the petition.
  • 91.
    Filing of Reply. 13. (1) The respondent shall, within six days of entering an appearance or eleven days from receipt of an election petition file in the Registry his reply specifying in it which of the facts and grounds alleged in the petition he admits or denies and setting out the facts and grounds on which he relies in opposition. (2) Where the respondent in an election petition complaining of an undue return and claiming the seat or office for some person intends to prove that the election of that person was undue, the respondent in his reply shall state the intention and set out the facts and grounds on which he relies in support thereof. (3) The reply may be signed and filed by the respondent or his solicitor if any. (4) At the time of filing the reply, the respondent or his solicitor shall leave a duplicate of the reply for each party to the election petition and three other duplicates of reply and pay the fees for service, and in default of the duplicates being left the reply shall not be filed, unless the Election Tribunal otherwise orders.
  • 92.
    Service of reply 14. The Registry shall cause a duplicate of the reply to be served on each party as the election petition. Amendment of election petition 15. (1) Subject to Sub-paragraph (2) of this paragraph, the provisions of the High Civil Procedure Rules relating to amendment of pleading shall apply in relation to an election petition as if for the word “any proceedings” in those provisions there were substituted the words “the election petition or the reply, if any” (2) After the expiry of the time limited by- (a) Sub-section (2) of section 37 of this Law for presenting the petition, no amendment shall be made- (i) introducing a fresh prayer in the petition or effecting an alteration of substance in the prayer; or (ii) except anything which may be done under the provisions of Sub-paragraph (3) of the paragraph, effecting a substantial alteration in or addition to the statement of facts and grounds relied on to sustain the prayer; and (b) paragraph 13 of this Schedule for filing the reply, no amendment shall be made-
  • 93.
    (i) Alleging thatthe election of the person, if any, for whom the seat or office is claimed in the petition in undue; or (ii) Except anything which may be done under the provisions of Sub-paragraph (3) of the paragraph, effecting a substantial alteration in or addition to the admissions or the denials contained or the facts and grounds set out in the reply. (3) The Election Tribunal in the hearing and determination of an election petition shall not be obliged to confine its inquiry or findings to the issues raised by the election petition and the reply, if any, and may, with or without ordering or allowing- (a) the amendment of the statement of the facts and grounds relied on in support of the petition or the amendment of any admission or denial contained in the petition; or (b) the facts or grounds set out in the reply (but subject always and having due regard to the time limited by Sub- sections (2) of section 37 of this Law for presenting an election petition), inquire into any other issue otherwise raised or apparent, or any matter otherwise appearing, as the Election Tribunal may deem necessary for the purpose of the full and proper determination of the election petition.
  • 94.
    List of objectionsto Votes 16. (1) When a petitioner claims a seat or office for an unsuccessful candidate, alleging that he had a majority of lawful votes, a party complaining of and a party defending the election or return shall- (a) within 3 days after the filing of the reply; or (b) where no appearance is entered, not less than 6 days before the day fixed for hearing, file in the Registry a list of the votes intended to be objected to by him and of the heads of objection to each vote. (2) No evidence shall be given against the validity of a vote or a head of objection not specified in the list of the filed pursuant to Sub- paragraph (1) of this paragraph except by leave of the Election tribunal which may be given on such terms as to the amendment of the list, postponement of the hearing and payment of costs as may be ordered. (3) The party delivering the list shall at the same time deliver a duplicate for each other party to the petition and three other duplicates and pay the appropriate fees for service, and in default of the delivery and payment, the list shall not be filed unless the Election Tribunal otherwise orders. (4) The Registry shall cause a duplicate of the list to be served on every other party forthwith.
  • 95.
    List of objection 17. (1) When the respondent in a petition complaining of an undue return and claiming the seat or office for some persons intends to give evidence to prove that the election of that person is undue, the respondent shall within three days after the filing of the reply, file in the Registry a list of the objection to the election on which he intends to reply. (2) No evidence shall be given by a respondent of an objection to the election not specified in the list of objections except by leave of the Election Tribunal which may be given on such items as to the amendment of the postponement of the hearing and payment of costs as may be ordered. (3) Sub-paragraph (2) and (3) of paragraph 16 of this Schedule shall apply to the list mentioned in Sub-paragraph (1) of this paragraph. Further particulars or directives 18. (1) If a party to the petition wishes to have further particulars or other directives of the Election Tribunal, he may, at any time after entry of appearance, not later than 10 days after the filing of the reply, apply
  • 96.
    to the Electiontribunal specifying in his notice of motion the particulars or Directives which he applies and the motion shall be set down for hearing on the first available day. (2) The party applying shall give notice of his motion to the other parties, and where he relies on the fact which is not apparent on the face of the documents already filed he shall support his motion by affidavit. (3) If a party does not so apply, he shall be taken to require no further particulars or other directives and the party shall be barred from so applying after the lapse of the period laid down in Sub-paragraph (1) of the paragraph except with the leave of the election Tribunal. (4) Leave of the Election Tribunal under Sub-paragraph (3) of this paragraph shall be sought by motion supported by affidavit after notice to the other parties, and may be given in proper case on such terms as to costs and otherwise as may deem fit. Open Tribunal 19. Every election petition shall be heard in Open tribunal.
  • 97.
    Time and placeof hearing Form EKSTF 005 Schedule 6 20. (1) Subject to the provision of Sub-paragraph (2) of this paragraph, the time and place of the hearing of an election petition shall be fixed by the Election Tribunal and notice of the time and place of the hearing which may be in Form EKST 005 set out in Schedule 6 to this Law, shall be given by the Registrar at least five days before the days fixed for the hearing by:- (a) posting or causing the notice to be posted on the Tribunal notice board; (b) sending a copy of the notice by registered post or messenger to:- (i) the petition’s address for service (ii) the respondent’s address for service if any; and (iii) the Electoral Officer. (2) In fixing the place of hearing, the Election Tribunal shall have due regard to the proximity to and accessibility from the place where the election was held.
  • 98.
    Notice of hearing 21. The Electoral Officer shall publish the notice of hearing by causing the copy to be fixed to the place which was appointed for the delivery of nomination papers to the election or to some conspicuous place within the Local Government Area but failure to do so or any miscarriage relating to the copy of notice of hearing shall not affect the proceedings in any manner whatsoever. Posting of notice on Tribunal notice board deemed to be good notice 22. The posting of the notice of hearing on the Tribunal notice board shall be deemed and taken to be good notice, and the notice shall not be vitiated by any miscarriage of, or relating to, the copy or copies of the notice sent pursuant to Paragraph 20 of this Schedule. Postponement of hearing 23. (1) The Election Tribunal may, from time to time, by order made on the motion of a party supported by affidavit after notice to the other parties, or by notice in such form as the Election Tribunal may direct, postpone the beginning of the hearing to such day as the Tribunal may name.
  • 99.
    (2) A copy of the order or notice shall be sent by the Registrar by registered post or messenger to the Electoral Officer, who shall publish the order or notice in the manner provided in Paragraph 21 of this Schedule for publishing the notice of hearing but failure on the part of the Electoral Officer to publish the copy shall not affect the proceedings in any manner whatsoever. (3) The Registrar shall post or cause to be posted on the Tribunal notice board, a copy of the order or notice. (4) Where the Electoral Tribunal gives a notice of postponement of its own motion, a copy of the notice shall be sent by the registrar by registered post or messenger to the address for service given by the petitioner and to the address for service if any, given by the respondent. (5) The provisions of Paragraph 22 of this Schedule shall apply to an order or notice of postponement as they do to the notice of hearing.
  • 100.
    Non-arrival of Chairmanof Tribunal 24. If the Chairman of the Election Tribunal has not arrived at the appointed time for the hearing or time to which hearing is postponed, the hearing shall in so far stand adjourned to the following day and so from day to day. Hearing to continue from day to day 25. (1) No formal adjournment of the election Tribunal for the hearing of the election petition shall be necessary, but the hearing is to be deemed adjourned and may be continue from day to day until the hearing in concluded. (2) If the Chairman who begins the hearing of the election petition is disabled by illness or otherwise, it may be concluded by other Chairman appointed by the Chief Judge. Adjournment of hearing 26. (1) After the hearing of the election petition has begun, if the inquiry cannot be continued on the ensuing day or, if that day is a Sunday or a public holiday, on the day following the same, the hearing shall be adjourned sine die but to a definite day to be announced before the
  • 101.
    rising of theelection Tribunal, and notice of the day to which the hearing is adjourned shall forthwith be posted by the Registrar on the Tribunal notice board. The hearing may be continued on a Saturday or on a public holiday if circumstances dictate. Powers of the Chairman of Tribunal 27. (1) All interlocutory questions and matters shall be heard and disposed of before the Chairman who shall have control over the proceedings as a judge in the ordinary proceedings of the High Court. (2) After the hearing of the election petition is concluded if the Tribunal before whom it was heard has prepared its judgment but the Chairman is unable to deliver it through illness or otherwise, the judgment may be delivered by one of the members, and the judgment as delivered shall be the judgment of the Tribunal, and the members shall certify the determination of the petition to the Electoral Officer.
  • 102.
    Effect of determination 28. (1) At the conclusion of the hearing, the Election Tribunal shall determine whether a person whose election or return is complained of or any other person and what person, was duly returned or elected, or whether the election was void and shall certify the determination to the Electoral Officer. (2) On the certification being given, the election shall be confirmed or in the event of an event of an appeal, anew decision shall be held in accordance with the certification or in accordance with the finding on the determination of the appeal. (3) Where a new election is to be held under the provisions of this paragraph, the Electoral Officer shall appoint a date for the election. Withdrawal or abatement of petition 29. (1) An election shall not be withdrawn without leave of the Election Tribunal. (2) Where there is more than one petitioner, no application for leave to withdraw the election shall be made except with the consent of all the petitioners.
  • 103.
    Form EKSTF 006Schedule 6 (3) The application for leave to withdraw a petition shall be made by motion in Form EKST.F 006 set out in Schedule 6 of this Law after notice to the respondent. (4) The notice of motion shall state the grounds on which the application is included to be supported and shall be signed by the petitioner or petitioners or his or their solicitor in the presence of the petitioner or petitioners or his or their solicitor in the presence of the Registrar. (5) At the time of filing the notice the petitioner or petitioners shall leave a duplicate for each respondent. (6) The petitioner or petitioners shall also file the affidavit required under Paragraph 30 of this Schedule together with the duplicates for each respondent and pay the requisite fees for services. Affidavit in Support 30. (1) Before the leave of withdrawal of an election petition is granted, there shall be produced affidavits by all parties to the petition and
  • 104.
    their solicitors and by the election agents (if any) of all the parties who were candidates at the election, but the Election Tribunal may dispense with affidavit of any particular person if it seems to the Election tribunal on special grounds to be just so to do. (2) each affidavit shall state that:- (a) to the best of the deponent’s knowledge and belief no agreement or terms of any kind whatsoever has or have been made; and (b) no undertaking has been entered into, in relation to the withdrawal of the petition but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set out that agreement and shall make the foregoing statement subject to what appears from the affidavit. (c) The affidavit of the applicant and his solicitor shall further state the grounds on which the petition is sought to be withdrawn.
  • 105.
    Motion for leaveto withdraw 31. (1) The time for hearing the motion for leave to withdraw the petition shall be fixed by the Election Tribunal. (2) The Registrar may give notice of the day fixed for the hearing of the motion to the respondents and post or cause to be posted on the Tribunal notice board a copy of the notice with note stating the time fixed for the hearing. Respondent’s costs 32. If the election petition is withdrawn, the petition shall be liable to pay appropriate costs to the respondents. Abatement on death 33. (1) If a sole petitioner or the survivor of several petitioners dies then, subject to Sub-paragraph (2) and (3) of this paragraph, there shall be no further proceedings on the election petition. (2) The death of a petitioner shall not affect his liability for the payment of costs previously incurred.
  • 106.
    (3) Where notice, with a duplicate for each other party supported by the affidavit of two witnesses testifying to the death of a sole petitioner or of the survivor of several petitioners, is given to the Registrar, he shall submit the notice to the Election Tribunal and if the Election tribunal so direct the Registrar shall:- (a) give notice thereof to the other parties; (b) post or cause to be posted notice thereof on the Tribunal notice board; and (c) cause notice thereof to be published in the Local Government Area or in the Gazette of the State, in such for m as the Election Tribunal may direct. Notice of no opposition to petition 34. (1) If before the hearing of an election petition, a respondent, other than the Electoral Officer or Presiding Officer gives to the Election Tribunal notice in writing signed by him or his solicitor before the Registrar that he does not intend to oppose the election petition, the Registrar shall:- (a) give notice thereof to the other parties; and
  • 107.
    (b) post or cause to be posted notice thereof on the Tribunal notice board. (2) The respondents shall fine the notice with a duplicate for each other party not less than six days before the day appointed for hearing the election petition. (3) The respondent who has given notice of his intention not to oppose the petition shall not appear or act as a party against the election petition in any proceedings on it, but giving of the notice shall not of itself cause him to cease to be a respondent. Countermand of notice of hearing 35. (1) Where a notice of:- (a) the petitioner’s intention to apply for leave to withdraw an election petition; or (b) the death of the sole petitioner or the survivor of several petitioners; (c) the respondent’s intention not to oppose an election petition, is received after notice of hearing of the election petition has been given and before the hearing has begun, the Registrar shall forthwith countermand the notice of hearing.
  • 108.
    (2) The countermand shall be given in the same manner and, as near as may be, as the notice of hearing. Discretion of tribunal if no reply 36. Where the respondent has not entered an appearance, or has not filed his reply within the prescribed time or within such time as the Election Tribunal may have allowed, or has given notice that he does not intend to oppose the petition, then of- (a) there remains no more than one other candidate in the election who election was not returned; or (b) the election petition contains no prayer for a determination that the election was void; or (c) there are no facts or grounds stated in the election petition or in the reply, if any, or stated in the further particulars filed in the proceedings or otherwise appearing on proof of which is ought to be determined that the election was void, or (d) the election petition is one complaining g of an undue return and claiming the seat or office for the candidate who was not returned and the respondent has not filed a list of objections under provisions of paragraph 17 of this Schedule;
  • 109.
    The Election Tribunalmay, if thinks fit, determine the proceedings, on the election petition without hearing evidence or further evidence, and in any case, the proceedings shall be continued and determined on such evidence or otherwise as Election Tribunal may deem necessary for the full and proper determination of the election petition. Fees 37. (1) The fee payable on the presentation of an election petition shall not be less than N1, 000.00. (2) A hearing fee shall be payable for the hearing at the rate of N2,000.00 in all, but Election Tribunal may direct a lower fee to be changed for any day of the hearing. (3) For the purpose of this paragraph, the petitioner shall make a deposit of not less than N2, 000.00 at the time of presenting the petition. (4) Subject to the provisions of this paragraph, the fees payable in connection with an election petition shall be at the rate prescribed for civil proceedings in the High Court of the State in which the petition is presented.
  • 110.
    (5) No fees shall be payable by the Attorney-General or any other Legal officer or by a respondent who was the Election Officer or Presiding Officer at the election. (6) No fees shall be payable for the summoning of witnesses summoned by the Election Tribunal on its motion. (7) A charge payable for the service of subpoena on a witness may be paid by the Registrar in the same way as a State witness’s expenses. 38. (1) All costs, charges and expenses of and incidental to the presentation of an election petition and to the proceedings consequent thereon, with the exception of such as are other provided for, shall be defrayed by the parties of the election petition in such manner and in such proportions as the Election Tribunal may determines, regard being had to – (a) the disallowance of any cost, charge or expenses which may in the opinion of the Tribunal have been caused by vexatious conduct, unfounded allegation or unfounded objection on the part of the petitioner or of the respondent, as the case may be; and
  • 111.
    (b) discouragement of any needless expenses by throwing the burden or defraying the expenses on the party by whom it has been caused; whether that party is or is not on the whole successful. (2) Where the Tribunal declares an election to be void, it may, if satisfies that the invalidity was due either wholly or in p8Jt to the culpable default of an officer responsible for the conduct of the election in performance of his duties, order that the whole or part of the cost awarded to the successful petitioner be paid by that officer. Return of Security 39. Money deposited as Security shall, when no longer needed as security for costs, charges or expenses, be returned to the person in whose name it was deposited or to the person entitled to receive it by order of the Tribunal which may be made on motion after notice and proof that all just claims have been satisfied or otherwise sufficiently provided for as the Tribunal mat required.
  • 112.
    Payment of CostsOut of Security 40. (1) The Tribunal may, on application made by a person to whom costs, charges or expenses is payable, order it to be paid out of a deposit made to secure it, after notice to the party by or on whose behalf the deposit was made, requiring him to file a statement within a specified time whether he opposes the application and the ground of his opposition. (2) Where a dispute arises on an application under Sub-paragraph (1) of this paragraph, the Election Tribunal shall afford any person affected by it an opportunity of being heard and make such order thereon as it may deem fit. (3) A person shall be deemed to have been afforded such opportunity if notice of the time appointed for the inquiry into the dispute was given to him, though the person may not have been present at the making of the inquiry. (4) A notice to be given to a person under this paragraph may be given by the secretary handing him the notice or sending it to him by registered letter; (a) in the case of a party, at the address for service; (b) in the case of an application for payment, at the address given in his application. So, however, that the provisions of this sub-
  • 113.
    paragraph shall notpreclude the giving of notice in any other manner in which notice may be given or which may be authorized by the Election Tribunal. (5) Execution may be levied on order for payment made by the Election Tribunal under this paragraph in the same manner and to the same extent as execution may be levied under a judgment for the payment of money. Calling of witness 41. (1) On the hearing of an election petition, the Election Tribunal may summon a person as a witness who appears to the Election Tribunal to have been concerned in the Election. (2) The Election Tribunal may examine a witness so summoned or any person in the Election Tribunal although the witness or person is not called and examined by a party to the election petition and thereafter he may be cross examined by or on behalf of the petitioner and the respondent. (3) The expenses of a witness called by the Election Tribunal of its own motion shall unless the Election Tribunal otherwise orders, be deemed to be costs of the election petition and may, if the Election Tribunal so directs, be paid in the first instance by the Registrar in the
  • 114.
    same way as State witness’s expenses and recovered in such manner as the Election Tribunal may direct. (4) Where the Election Tribunal summons a person as a witness under this paragraph, the provisions of the High Court Civil Procedure rules relating to the expenses of the persons ordered to attend a hearing shall apply as if they were part of this paragraph. (5) The Election Tribunal shall- (a) in making and carrying into effect an order for the production and inspection of documents used in the election and relating to the way in which the votes of particular persons were given; and (b) in the examination of any witness who produces or will produce a document. Ensure that the way in which the vote of a particular person has been given shall not be disclosed until it has been proved that the vote was given and the vote has been declared by the Election Tribunal to be invalid. Privilege of a witness 42. (1) A person called as a witness in a proceeding in the Election Tribunal shall not be excused from answering a question relating to an offence at or connected with an election on the grounds that the
  • 115.
    answer thereto may incriminate or tend to incriminate himself, or on the ground of privilege. (2) A witness who answers truly all questions which he is required by the Election Tribunal to answer shall be entitled to receive a certificate of indemnity under the hand of the Chairman of the Election Tribunal stating that the witness has so answered. (3) An answer by a person to a question before the Election shall not, except in the case of the criminal proceeding for perjury in respect of the answer, be admissible in any proceeding, civil or criminal, in evidence against him. (4) When a person has received a certificate of indemnity in relation to an election and legal proceedings are at a time brought against him for an offence against the provisions of this Law committed by him prior to the date of the certificate at or in relation to that election, the Election Tribunal having cognizance of the case shall, on proof of the certificate, stay to proceedings and may, at its discretion, award to that person such costs he may have been put to in the proceedings. Evidence by respondent 43. On the hearing of an election petition complaining of on undue return and claiming the seat for some person, the respondent may subject to the
  • 116.
    provisions of Paragraph13 (2) and 17 of the Schedule, given evidence to prove that the election of that person was undue in the same manner as if he had presented an election petition complaining of the election. Enlargement and abridgement of time 44. (1) The Tribunal shall have power, subject to the provisions of Paragraph 15 of this Schedule to enlarge time for doing any act or taking any proceedings on such terms (if any) as the justice of the case may require. (2) An enlargement may be ordered although the application for the enlargement is not made until after the expiration of the time appointed or allowed. (3) When the time for delivering a pleading or document or filing any affidavit, answer or document, or doing any act is or has been fixed or limited by any of the sections, paragraphs or rules under or in pursuance of this Law or by a direction or an order of the Election Tribunal, the costs shall be borne by the party making the application, unless the Election Tribunal shall otherwise order. (4) Every application for enlargement or abridgement of time shall be supported by affidavit.
  • 117.
    (5) An application for abridgement of time may be made exparte, but the Election Tribunal may require notice of the application to be given to the other party. (6) An application for enlargement of the time shall be made by motion after notice to the other party but the Election Tribunal may for good cause shown by affidavit or otherwise, dispense with the notice. (7) A copy of an order made for enlargement or abridgement of time shall be filed or delivered together with any document filed or delivered by virtue of the order. Service of Notice 45. (1) Where a summons, notice or document, other than a notice or document mentioned in Paragraph 8 (1) of this Schedule, is required to serve on a person for a purpose connected with an election petition it may be served by delivering it to the person or by leaving it at his last known place of abode in the Local government Area with any person there found who is a resident of the abode and appears to be 18 years of age or more.
  • 118.
    (2) After a party has given an address for service it shall be sufficient in lieu of serving him personally with a document intended for him, if the documents are served: (a) on the person appearing on the paper last filed on his behalf as his solicitor wherever the person may be found or, if the person is not found at his office, on the clerk there apparently in charge; or (b) on the person named as occupier in his address for service wherever the person may be found or, if the person is not found at the address, or (i) the person there found apparently in charge, if such address is a place of business, or (ii) a person, other than a domestic servant, there found who is resident of the address and appears to be 18years of age or more. (3) A party may change his address for service by giving notice of his new address for service and its occupier to the Registrar and to each party, but until a notice is received by the Registrar, his old address for service shall continue to be his address for service. (4) Where service by one of the modes specified in this paragraph has proved impracticable, the Election Tribunal may, on being satisfied,
  • 119.
    on an applicationsupported by an affidavit showing what has been done, that all reasonable efforts have been made to effect service- (a) order that service be effected on any of the ways mentioned in the provisions of the Civil procedure Rules relating to substituted service which service shall be sufficient; or (b) dispense with service or notice as the Election Tribunal may think fit. Number of Respondents 46. Two or more candidates may be respondents to the same petition and their case may for the sake of convenience be heard at the same time, but for all purposes (including the taking of security) the petition shall be deemed to be a separate petition against each respondent. Multiple Petitioners 47. Where two or more petitions are presented in relation to the same election or return, all the petitions shall be considered and be dealt with as one petition unless the Election Tribunal shall otherwise direct, following a preliminary or other objection in time.
  • 120.
    Conduct of ElectoralOfficer 48. (1) Where an election petition complains of the conduct of an Electoral Officer, a presiding Officer or Returning Officer, he shall for all purposes be deemed to be respondent, but an Electoral Officer, a Presiding Officer or Returning Officer shall not be at liberty to give notice that he does not intend to oppose the petition except with the written consent of the Attorney-General of the State. (2) If consent is withheld by the Attorney-General under Sub-paragraph (1) of this paragraph, the State government shall indemnify the Electoral Officer, Presiding Officer or Returning Officer against any award of costs made against him by the Election Tribunal on the hearing of the election petition. (3) Where an Electoral Officer, a Presiding Officer or Returning Officer is, or deemed to be, a respondent to a petition, the Attorney-General of the State (acting in person or through any of his legal officers), or a legal practitioner nominated by the Commission shall represent the Electoral Officer, Presiding Officer or Returning Officer.
  • 121.
    Duplicate of documents 49. In the absence of express provision for the returning of copies of duplicates of documents filed or used in connection with any step taken in the proceedings, the party taking the step, shall unless the Registrar otherwise directs, leave with the Registrar a duplicate of every document for each of the other parties and three other duplicates. Non-compliance with rules, etc 50. (1) Non-compliance with any of the provisions of this Schedule, or with a rule of practice for the time being in force shall not render any proceedings void, unless the Election Tribunal shall so direct, but the proceedings may be set aside wholly or in part as irregular, or amended, or otherwise dealt with in such manner and on such terms as the Election tribunal shall think fit to ensure substantial justice. (2) No application to set aside a proceeding for irregularity shall be allowed unless made within a reasonable time or the party applying has not taken any fresh step after knowledge of the irregularity. (3) Where an application is made to set aside a proceeding for irregularity, the several objections intended to be relied on shall be stated in the notice of motion. (4) No objection shall be made that certified copy has been used instead of a duplicate or a duplicate instead of a certified copy.
  • 122.
    Application of Rulesof Court 51. (1) An election petition shall not be defected b an objection merely as to form, unless the objection is as to the competence of the petition. (2) Subject to the express provisions of the Law, the practice and procedure of the Tribunal in relation to an election petition shall be assimilated as nearly as may be to the practice and procedure of the High Court in the exercise of its civil jurisdiction, and the Civil Procedure Rules shall apply with such modifications as may be necessary to render them inconveniently applicable, as if the petitioner and the respondent were respectively the plaintiff and the defendant in a civil action. (3) Subject to the provisions of the Law, an appeal to the Election Appeal Tribunal shall be determined in accordance with the practice and procedure relating to appeals in civil cases of the Court of Appeal.
  • 123.
    Schedule 6 Confidential: FORM EKSC.F.001 EKITI STATE INDEPENDENCE ELECTORAL COMMISSION Data Form for Persons seeking election to the Membership of Local Government Council PART 1 A. PERSONAL PARTICULARS 1. Surname (in block letters)…………………………………………………. 2. Maiden Name (where applicable)…………………………………………. 3. Other Names (in block letter)……………………………………………… 4. Have you ever changed your names? If so, what was your former names?........................................................................................................... 5. Resident Address…………………………………………………………… 6. Marital Status……………………………………………………………….. 7. Postal / Address……………………………………………………………… 8. Nationality…………………………………………………………………… 9. Did you change nationality in the past? If so, what was your former nationality…………………………………………………………………….. 10. Place of Birth…………………………………………………………………. 11. Date of Birth………………………………………………………………….. 12. Local Government Area………………………………………………………. 13. State……………………………………………………………………………
  • 124.
    14. How longhave you stayed in your present place of abode?............................... 15. Are you an indigene of your present place of abode?......................................... 16. What is your present occupation?....................................................................... B. EDUCATIONAL INSTITUTIONS ATTENDED WITH DATES 1. PrimarySchools:………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ………………………………………………………………………………………… 2. Secondary Schools (including Teachers, Commercial, Technical College and equivalent Institution)……………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ……………………………………………………………………………………………. 3. Tertiary Institutions (including Universities and Colleges)………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ……………………………………………………………………………………………
  • 125.
    C. EDUCATIONAL QUALIFICATIONWITH DATES ……………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ……………………………………………………………………………………… D. WORKING EXPERIENCE WITH DATES (State employer, nature of work, reason for leaving) …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ……………………………………………………………………………………………. E. POLITICAL EXPERIENCE AND ACTIVITIES (State Political activities involved in the past, offices held, reason for leaving office, dates etc) …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ……………………………………………………………………………………………
  • 126.
    F. GENERAL 1. Haveyou ever been tried in a court or tribunal for any criminal offence? If yes, give details of case and the findings of the court of tribunal including punishment, if any …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… 2. Have you ever been tried by the code of conduct tribunal? If Yes, state details of the charge and the findings of the Tribunal, including punishment, if any …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… 3. Have you ever been involved in any investigation or inquiry regarding lunacy? If Yes, state nature of inquiry or investigation including the findings …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………. 4. State with full details the names and addresses of Clubs, Societies, Associations or Unions you belong to or have belonged to in the past. …………………………………………………………………………………………… ……………………………………………………………………………………………
  • 127.
    …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… 5. Have you ever been involved in any bankruptcy proceedings? If so, sate where proceedings took place and the findings of the inquiry …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… 6. Have you ever been arrested by the Police or other Security Agency? If Yes, state reasons for arrest, where and the outcome of the investigation ……………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………… ………………………………………………………… 7. Are you a member of a Political Party/ if so, state the name of your Political Party, when you joined the Political Party and your position in the party. …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… 8. Has your party agreed to sponsor you or is the Party’s sponsorship being contested? State other known Contestants
  • 128.
    …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… 9. Where have you paid your taxes in the last three years? Sate the amount paid and the receipt numbers of tax clearance certificate numbers with dates …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… 10. Have you ever been involved in any investigation or trial relating to narcotic drugs or any psychotropic substance? If so, state place of investigation or trial, date and the outcome of the investigations or trial. …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… 11. Are you a registered voter? If so, state place of registration, registration number and the registration area code number …………………………………………………………………………………………… …………………………………………………………………………………………… ……………………………………………………………………………………………
  • 129.
    …………………………………………………………………………………………… …………………………………………………………………………………………… 12. Give any other information about your person and the reason for which you intend to contest the election …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ……………………………………………………………. G. DECLARATION BEFORE A COMMISSIONER OF OATHS IN THE MAGISTRATE OR HIGH COURT OF THE PLACE YOU LIVE 1. I solemnly and sincerely declare that the particulars given above are true and correct to the best of my knowledge and believe. 2. Before making the declaration, I verified the facts and cross – elected them as to their veracity. DEPONENT Sworn to at the Magistrate/High Court Registry …………………….this………………………. Day of………………………….20…………… BEFORE ME COMMISSIONER FOR OATHS
  • 130.
    PART II E. For Official Use of the Commission (Here record any independent information obtained or available about the subject). FORM EKSCF 002 EKITI STATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION. SUBMISSION OF LIST OF CANDIDATES BY A POLITICAL PARTY Date:…………… NAME OF POLITICAL PARTY………………………………………… STATE……………………………………………………………………. LOCAL GOVERNMENT…………………………………………………
  • 131.
    S/NO Name of Age Sex Home Ward or Post being Educational Particulars of Remark Candidate Address Constituency Contested Qualification 3-years Tax Payment NB: Please attach folders of each candidate with evidence of particulars supplied in this Form together with other information considered important. FORM EKSCF 003 EKITI STATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION. RETURN OF LIST OF CANDIDATES DECLARED QUALIFIED TO CONTEST ELECTION Date:……………
  • 132.
    NAME OF POLITICALPARTY………………………………………… STATE……………………………………………………………………. LOCAL GOVERNMENT………………………………………………… S/NO Name of Age Sex Home Ward or Post being Educational Particulars of Remark Candidate Address Constituency Contested Qualification 3-years Tax Payment
  • 133.
    FORM EKSCF 002 EKITISTATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION. RETURN OF LIST OF CANDIDATES DECLARED NOT QUALIFIED TO CONTEST ELECTION Date:…………… NAME OF POLITICAL PARTY………………………………………… STATE……………………………………………………………………. LOCAL GOVERNMENT…………………………………………………
  • 134.
    S/NO Name of Age Sex Home Ward or Post being Educational Particulars Remark Candidate Address Constituency Contested Qualification of 3-years Tax Payment
  • 135.
    FORM EKSCF 4F EKITISTATE INDEPENDENT ELECTORAL COMMISSION FORMS FOR NOMINATION OF CANDIDATE FOR LOCAL GOVERNMENT CHAIRMANSHIP ELECTION To: The Chairman Ekiti State Independent Electoral Commission Ado – Ekiti Date…………... I,………………………………………………………………………………………….. (NAME) Of…………………………………………………………………………………………. (ADDRESS) Whose occupation is……………………………………………………………………… (OCCUPATION) 1. I am the candidate to whom this nomination paper relates and I am willing to stand the Chairmanship election for……………………………………….. Local Government Area. 2. I am a Nigerian citizen of not less than thirty years of age.
  • 136.
    3. I have paid my income tax as and when due for the three years immediately proceeding the year of election. 4. I am resident at ……………………………………………… which is within the said ……………………………………. Local Government Area. 5. I have never been adjudged a lunatic or otherwise to be of unsound mind. 6. I am not an undischarged bankrupt. 7. I have not been convicted for an offence involving dishonesty or fraud. 8. I am not currently employed in the public service of the Federation or of a State or Local Government. 9. I have not been found guilty or contravening the Code of Conduct under the Code of Conduct Bureau and Tribunal Act. 10. I have not been dismissed from the Public Service or the Private Sector. 11. I have not been found guilty of an offence involving narcotic drugs under any law in force in or outside Nigeria. 12. I am not a member of a Secret Society. 13. My educational qualifications are: …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… 14. I am sponsored by………………………………………………………………..
  • 137.
    We, the undersignedare the nominators of the above candidate and are registered voters in the constituency in respect of which the candidate seeks to contest the Council Chairmanship Election. Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 1st Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date…………………………………………………………………………………………
  • 138.
    …………………………… Signature of 2nd Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 3rd Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………...
  • 139.
    Date………………………………………………………………………………………… …………………………… Signature of 4th Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 5th Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation………………………………………………………………………………….
  • 140.
    Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 6th Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 7th Nominator
  • 141.
    Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 8th Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 9th Nominator
  • 142.
    Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 10th Nominator
  • 143.
    FORM EKSCF 4G EKITISTATE INDEPENDENT ELECTORAL COMMISSION FORMS FOR NOMINATION OF CANDIDATE FOR LOCAL GOVERNMENT CHAIRMANSHIP ELECTION To: The Chairman Ekiti State Independent Electoral Commission Ado – Ekiti Date…………... I ………………………………………………………………………………………….. (NAME) Of…………………………………………………………………………………………. (ADDRESS) Whose occupation is……………………………………………………………………… (OCCUPATION) 1. I am the candidate to whom this nomination paper relates and I am willing to stand the Councillorship election for……………………………………….. Local Government Area.
  • 144.
    2. I am a Nigerian citizen of not less than thirty years of age. 3. I have paid my income tax as and when due for the three years immediately proceeding the year of election. 4. I am resident at ……………………………………………… which is within the said ……………………………………. Local Government Area. 5. I have never been adjudged a lunatic or otherwise to be of unsound mind. 6. I am not an undischarged bankrupt. 7. I have not been convicted for an offence involving dishonesty or fraud. 8. I am not currently employed in the public service of the Federation or of a State or Local Government. 9. I have not been found guilty or contravening the Code of Conduct under the Code of Conduct Bureau and Tribunal Act. 10. I have not been dismissed from the Public Service or the Private Sector. 11. I have not been found guilty of an offence involving narcotic drugs under any law in force in or outside Nigeria. 12. I am not a member of a Secret Society. 13. My educational qualifications are: …………………………………………………………………………………… …………………………………………………………………………………… ……………………………………………………………………………………
  • 145.
    14. I am sponsored by……………………………………………………………….. We, the undersigned are the nominators of the above candidate and are registered voters in the constituency in respect of which the candidate seeks to contest the Council Councillorship Election. Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 1st Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………...
  • 146.
    Date………………………………………………………………………………………… …………………………… Signature of 2nd Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 3rd Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area…………………………………………………………………….
  • 147.
    Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 4th Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 5th Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation………………………………………………………………………………….
  • 148.
    Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 6th Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 7th Nominator
  • 149.
    Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 8th Nominator Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 9th Nominator
  • 150.
    Name………………………………………………………………………………………..Address………………………… ………………………………………………………….. Occupation…………………………………………………………………………………. Local Government Area……………………………………………………………………. Ward………………………………………………………………………………………... Date………………………………………………………………………………………… …………………………… Signature of 10th Nominator
  • 151.
    FORM EKSC 5 EKITI STATE INDEPENDENT ELECTORAL COMMISSION ELECTORAL OFFICER’S RULING AS TO VALIDITY OF NOMINATION TO……………......................... ……………………………….. ……………………………….. Take notice that a nomination paper received by me on ………………. In your favour *(has been accepted/rejected by me upon the following grounds): ………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………… ……………………………………………………………… Dated this …………………….. day of ………………… 20 ……………………. Electoral Officer Ekiti State Independent Electoral Commission *Strike out words not applicable.
  • 152.
    FORM EKSEC 6A(1) EKITI STATE INDEPENDENT ELECTORAL COMMISSION STATEMENT OF RESULT OF POLL FOR ELECTION OF COUNCILLOR POLLING STATE……………………….. CODE NO…………………………… WARD……………………………………. CODE NO…………………………… LOCAL GOVERNMENT AREA………… CODE NO………………………….. STATE……………………………………… CODE NO…………………………… NO OF VOTERS ON THE REGISTER IN FIGURE NO OF VOTERS ON THE REGISTER IN WARDS……………………………… SERIAL NOS OF VOTING CARDS ISSUED TO POLLING STATION……….. TO……….. SERIAL NOS OF VOTING CARDS ISSUED TO VOTERS…………….. TO………………..
  • 153.
    SERIAL NOS OFTHE BALANCE OF UNUSED VOTING CARDS…………. TO…………. That I was the presiding officer for the election held on……….. Day ………. At the above Polling Station. That the election was contested / uncontested. That the Candidate / Parties scored the following votes: Votes scored by LP Candidate in figures Votes scored by LP Candidate in words………………………………………………… Votes scored by PDP Candidate in figures Votes scored by PDP candidate in words………………………………………………… Votes scored by AC Candidate in figures Votes scored by AC Candidate in words………………………………………………….. NO OF INVALID VOTE IN FIGURE
  • 154.
    NO OF INVALIDVOTES IN WORDS………………………………………………….. Dated this………………………………Day of ……………………………… 20 ………. Name of Presiding Officer………………………………Signature ………………………. Name & Signature of LP Agent ……………………………………………………………. Name & Signature of PDP Agent…………………………………………………………….. Name & Signature of AC Agent……………………………………………………………...
  • 155.
    FORM EKSEC 6A EKITI STATE INDEPENDENT ELECTORAL COMMISSION STATEMENT OF RESULT OF POLL FOR ELECTORAL OF CHAIRMAN OF LOCAL GOVERNMENT COUNCIL POLLING STATE……………………….. CODE NO…………………………… WARD……………………………………. CODE NO…………………………… LOCAL GOVERNMENT AREA………… CODE NO………………………….. STATE……………………………………… CODE NO…………………………… NO OF VOTERS ON THE REGISTER IN FIGURE NO OF VOTERS ON THE REGISTER IN WARDS……………………………… SERIAL NOS OF VOTING CARDS ISSUED TO POLLING STATION……….. TO………..
  • 156.
    SERIAL NOS OFVOTING CARDS ISSUED TO VOTERS…………….. TO……………….. SERIAL NOS OF THE BALANCE OF UNUSED VOTING CARDS…………. TO…………. That I was the presiding officer for the election held on……….. Day ………. At the above Polling Station. That the election was contested / uncontested. That the Candidate / Parties scored the following votes: Votes scored by LP Candidate in figures Votes scored by LP Candidate in words………………………………………………… Votes scored by PDP Candidate in figures Votes scored by PDP candidate in words………………………………………………… Votes scored by AC Candidate in figures Votes scored by AC Candidate in words…………………………………………………..
  • 157.
    NO OF INVALIDVOTE IN FIGURE NO OF INVALID VOTES IN WORDS………………………………………………….. Dated this………………………………Day of ……………………………… 20 ………. Name of Presiding Officer………………………………Signature ………………………. Name & Signature of LP Agent ……………………………………………………………. Name & Signature of PDP Agent…………………………………………………………….. Name & Signature of AC Agent……………………………………………………………...
  • 158.
    FORM EKSEC 6B EKITI STATE INDEPENDENT ELECTORAL COMMISSION SUMMARY OF RESULTS FROM POLLING STATIONS FOR ELECTION TO THE OFFICE OF CHAIRMAN OF COUNCIL LOCAL GOVERNMENT AREA……………………………….. CODE…………… LEVEL OF COLLATION…….. WARD………… NAME OF WARD……… CODE……… VOTES RECEIVED BY THE CANDIDATE POLLING LP PDP AC S/NO STATION NAME NAME OF IN NAME OF IN NAME OF IN CODE CANDIDATE WORDS CANDIDATE WORDS CANDIDATE WORDS IN FIGURE IN FIGURE IN FIGURE 1 2 3 4 5 6
  • 159.
    7 8 9 10 11 12 13 14 15 16 17 18 19 20 Total No. of Votes No. of Votes B/F Total No. of Votes Carried Over NAME OF WARD RETURNING OFFICER…………………………….. SIGNATURE…………………. DATE / STAMP……………….. NAME AND SIGNATURE OF PARTY AGENT……………………………………………………… ………………… LP …………………… PDP ……………………. AC
  • 160.
    FORM EKSEC 6B(1) EKITI STATE INDEPENDENT ELECTORAL COMMISSION SUMMARY OF RESULTS FROM POLLING STATIONS FOR ELECTION OF COUNCIL LOCAL GOVERNMENT AREA……………………………….. CODE…………… LEVEL OF COLLATION…….. WARD………… NAME OF WARD……… CODE……… VOTES RECEIVED BY THE CANDIDATE POLLING LP PDP AC S/NO STATION NAME NAME OF IN NAME OF IN NAME OF IN CODE CANDIDATE WORDS CANDIDATE WORDS CANDIDATE WORDS IN FIGURE IN FIGURE IN FIGURE 1 2 3 4 5 6
  • 161.
    7 8 9 10 11 12 13 14 15 16 17 18 19 20 Total No. of Votes No. of Votes B/F Total No. of Votes Carried Over NAME OF WARD RETURNING OFFICER…………………………….. SIGNATURE…………………. DATE / STAMP……………….. NAME AND SIGNATURE OF PARTY AGENT…………………………………………………………. …………………. LP …………………… PDP ……………………. AC
  • 162.
    FORM EKSEC 6C EKITI STATE INDEPENDENT ELECTORAL COMMISSION SUMMARY OF RESULTS FROM POLLINGWARDS FOR ELECTION OF CHAIRMAN OF COUNCIL LOCAL GOVERNMENT AREA……………………………….. CODE…………… LEVEL OF COLLATION…….. WARD………… NAME OF WARD……… CODE……… VOTES RECEIVED BY THE CANDIDATE POLLING LP PDP AC S/NO STATION NAME NAME OF IN NAME OF IN NAME OF IN CODE CANDIDATE WORDS CANDIDATE WORDS CANDIDATE WORDS IN FIGURE IN FIGURE IN FIGURE 1 2 3 4 5 6
  • 163.
    7 8 9 10 11 12 13 14 15 16 17 18 19 20 Total No. of Votes No. of Votes B/F Total No. of Votes Carried Over NAME OF WARD RETURNING OFFICER…………………………….. SIGNATURE…………………. DATE / STAMP……………….. NAME AND SIGNATURE OF PARTY AGENT…………………………………………………………. …………………. LP …………………… PDP ……………………. AC
  • 164.
    Fated this…………………..Day of…………......20………….. Nameof Presiding Officer……………….....Signature……….. Name & Signature of LP Agent ………………………….. Name & Signature of PDP Agent…………………………. Name & Signature of AC Agent……………………………
  • 165.
    EKITI STATE INDEPENDENTELECTORAL COMMISSION ELECTION OF LOCAL GOVERNMENT COUNCIL CERTIFICATE OF RETURN AT ELECTION I hereby certify that the Person elected for ………………………. Local Government Area in the election held on ………………. Is…………………………… (State the full names of the Chairman) Of ……………………………………………………………………………………….. …………………………………. (State the full address of the Chairman)……………… Dated this……………………… Day of ………………………………………………… ADDRESS………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… EKITI STATE INDEPENDENT ELECTORAL COMMISSION
  • 166.
    FORM EKSTF 001 RECEIPT OF PETITION IN THE LOCAL GOVERNMENT ELECTION TRIBUNAL EKITI STATE HOLDEN AT…………… PETITION NO………………… BETWEEN: …………………………………………………………..) Petitioners …………………………………………………………………………) And ……………………………………………………………) Respondents ……………………………………………………………………………….) Received on the …………………….. date of …………………… at the registry of…………………. Local Government Election tribunal a member of the Ward/Constituency purporting to be signed by (insert name of petitioner). Dated at ……………………… this ……………….. date of………………… Registry For Service on: The Petitioner (s) ………………… ………………… …………………
  • 167.
    FORM EKSTF 002 PETITION IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL The Election to ……………………. Local Government Council for the Ward/Constituency/Local Government Area held on the ……….. day of ……….. Between A.B ………………………….) Petitioners (s) C.D ………………………….) And E.F ………………………….) Respondent (s) G.H ………………………….) The petition of A.B. of ………………(or of A.B. of ………………C.D of Or as the case may be) whose names are subscribed. 1. Your petition A.B. is a person who voted (or had a right to vote, as the case may be) at the above election (or claims to have had a right to be returned or elected at the above election) or was a candidate at the above election, and your petitioner C.D. here state in like manner the right or each petitioner)………………………………………………………………………………… ……………………………………………………………………………………………… ………………………………………………………………………… 2. And your petitioner (s) state (s) that the person was held on the ………….. day of …………………… When A.B. (and C.D) and B.F. (and G.H) were candidate. 3. And your petitioner (s) state (s) that (here state facts and grounds on which the petitioner(s)reply……………………………………………………………………………
  • 168.
    ……………………………………………………………………………………………… …………………………………………………………………………………… 4. Therefore you petitioner (s) pray (s) that it may be determined that the said E.F. (and G.H) was (were) not duly elected (or returned) and that the (or his) election was void or that the said A.B (and C.D) was (were) elected and ought to have been returned, or as the case may be. Signed……………………….. A.B ……………………………….. C. D Address for services (within 5 kilometers) Of a Post Office within the judicial Division ………………………………………………. ………………………………………………. The name of my (or our) solicitor is ………………………………………………. Or (or we) am (or are) acting for myself (or ourselves) Signed………………………… A.B ………………………………… C.B Signed before me this……………….. day of ………………..…… ………………. Registrar
  • 169.
    FORM EKSTF 003 NOTICE OF PRESENTATION OF PETITION IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL OF EKITI STATE HOLDEN AT…………………….. Petition No……….. Between ………………………….) Petitioners (s) ………………………….) And ………………………….) Respondent (s) G.H ………………………….) To Respondent (s) Take notice that a petition, a duplicate whereof is attached hereto, has this day been presented in the Registry of the tribunal named above and that you are to enter an appearance in respect of the petitioner to the said registry within …………… days of the date when this notice left your address set out below, or as the Tribunal may direct by order under paragraph 9 (2) of Schedule 5 to this Law, otherwise proceedings on the petition may be continued and determined in default of your appearance, and any
  • 170.
    document intended foryou may be posted up on the tribunal notice board, which shall be sufficient notice thereof. Dated this……………….. day of ……………… 20…………. Registrar To:………………………… ……………………………. …………………………….
  • 171.
    FORM EKSTF 004 EKITI STATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION RETURN OF LIST OF CANDIDATES DECLARED NOT QUALIFIED TO CONTEST ELECTION. Date: ………….. NAME OF POLITICAL PARTY ……………………………………………………………………. STATE ……………………………………………………………………………………………….. LOCAL GOVERNMENT ……………………………………………………………………………. S/NO Name of Age Sex Home Ward or Post Educational Particulars Remark Candidate Address Constituency Being Qualification of 3years Contested Tax Payment
  • 173.
    FORM EKSTF 005 IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL OF EKITI STATE HOLDEN AT…………………… PETITON NO ………… Between ………………………….) Petitioners (s) ………………………….) And ………………………….) Respondent (s) G.H ………………………….) HEARING NOTICE TAKE NOTICE that the above election petition will be heard on ………. The ……. Day of ………. 20 ………. And on such other days as the Tribunal may determine. Dated this……………………….. Day of …………………….. 20 ……………… Registrar Address of the Service Petitioner……………. ……………………….. ……………………….. Respondent ………………………... ………………………..
  • 174.
    FORM EKSTF 006 NOTICEOF MOTION TO WITHDRAW PETITION IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL OF EKITI STATE HOLDEN AT …………………………… PETITION NO ………… Between ………………………….) Petitioners (s) ………………………….) And ………………………….) Respondent (s) G.H ………………………….) TAKE NOTE that this Honourable tribunal will be moved on ……………. Day of …………….. at the hour of 9 o’clock in the forenoon or so soon thereafter as the petition or counsel on his behalf can be heard praying the Tribunal for an order enabling the petitioner to withdraw the above petition on the following grounds: …………………………………………………………………………………………… ………………………………………………………………………………………… …………………………………………………………………………………………… Dated at ……………………… this ……………………… date of ……………………..
  • 175.
    Registrar For Service on …………………… Petitioner(s) Solicitor Made this ……………. Day of ……………… Registrar EXPLANATORY NOTE (this NOTE DOES not form part of the above law but is intended to explain its purport). The Law is made to ensure the election into the elected posts of the Local Government Councils in the 16 Local Government Areas of the State to provide among other things. (a) For the conduct of elections to those Councils; and (b) For offences, penalties; and (c) The determination of questions relating to the elections.
  • 176.
    This printed impressionhas been carefully compared by me with the Bill, which has been passed by the Ekiti State House of Assembly and found by me to be a true copy of the said Bill. …………………………………………….. MR. BEN. AKINTUNDE FAMOYEGUN Clerk of the House of Assembly ........................................................... Rt. Hon. (Dr.) Adewale A. Omirin Speaker of the House
  • 177.
    Governor’s Assent I hereby signify my assent to this Bill DR. KAYODE FAYEMI Executive Governor of Ekiti State MADE AT ADO EKITI THIS 30th DAY OF Sept, 2011