Section 25-50 of the Electoral Act 2010
Section 25-50 of the Electoral Act 2010
Section 25 to 77 of the Electoral Act 2010 is under PART IV (PROCEDURE AT ELECTION) of the Act.
Section 25 of the Electoral Act 2010
Days of election
(1) Elections into the offices of the President and Vice-
President, the Governor and Deputy Governor of a
State, and to the Membership of the Senate, the
House of Representatives and the House of Assembly
of each State of the Federation shall be held in the
following order-
(a) Senate and House of Representatives;
(b) Presidential election; and
(c) State House of Assembly and Governorship elections.
(2) Elections into the offices of the Chairman and Vice-
Chairman and membership of an Area Council shall be
held on the dates to be appointed by the Independent
National Electoral Commission.
Section 26 of the Electoral Act 2010
Postponement of election
(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
election is proceeded with on that date or it is
impossible to conduct the elections as a result of
natural disasters 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 Act, on or
after the last date for the delivery of nomination
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
court or tribunal of competent jurisdiction and on such
challenge, the decision shall be suspended until the
matter is determined.
Section 27 of the Electoral Act 2010
Announcement of election results
(1) The Results of all the elections shall
be announced by- (a) the Presiding Officer
at the Polling unit;
(b) the Ward Collation Officer at the Ward Collation
Centre;
(c) the Local Government or Area Council Collation
Officer at the Local
Government! Area Council Collation Centre;
(d) the State Collation Officer at the State Collation
Centre; and
(2) The Returning Officer shall announce the result and
declare the winner of the election at-
(a) Ward Collation Centre in the case of Councillorship
election in the Federal Capital Territory;
(b) Area Council Collation Centre in the case of
Chairmanship and Vice Chairmanship election in the
Federal Capital Territory;
(c) State Constituency Collation Centre in the case of
State House of Assembly election;
(d) Federal Constituency Collation Centre in the case of
election to the House of Representatives;
(e) Senatorial District Collation Centre in the case of
election to the Senate;
(f) State Collation Centre in the case of election of a
Governor of a State;
(g) National Collation Centre in the case of election of the
President; and
(h) the Chief Electoral Commissioner who shall be the
Returning Officer at the Presidential election.
Section 28 of the Electoral Act 2010
Oath of Neutrality by election officers
(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 in the
Second Schedule to this Act.
(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
the Federal Republic of Nigeria without fear or favour.
Section 29 of the Electoral Act 2010
Appointment of other officers for the conduct of registration of voters and elections
(1) The Commission shall, for the purposes of an
election or registration of voters under this Act,
appoint and designate such officers as may be
required provided that no person who is a member of
a political party or who has openly expressed support
for any candidate shall be so appointed.
(2) The Officers appointed under sub-section (1) of this
section shall exercise such functions and duties as
may be specified by the Commission, in accordance
with the provisions of this Act, 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.
Section 30 of the Electoral Act 2010
Notice of election
(1) The Commission shall, not later than 90 days
before the day appointed for holding of an election
under this Act, publish a notice in each State of the
Federation and the Federal Capital Territory-
(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 constituency in
respect of which an election is to be held.
(3) In the case of a by-election, the Commission shall, not
later than 14 days before the date appointed for the
election, publish a notice stating the date of the
election.
Section 31 of the Electoral Act 2010
Submission of list of candidates and their affidavits by political parties
(1) Every political party shall not later than 60 days
before the date appointed for a general election under
the provisions of this Act, submit to the Commission
in the prescribed forms the list of the candidates the
party proposes to sponsor at the elections.
(2) The list or information submitted by each candidate
shall be accompanied by an Affidavit sworn to by the
candidate at the High Court of a State, indicating that
he has fulfilled all the constitutional requirements for
election into that office.
(3) The Commission shall, within 7 days of the receipt of
the personal particulars of the candidate, publish
same in the constituency where the candidate intends
to contest the election.
(4) A 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
documents within 14 days.
(5) A person who has reasonable grounds to believe that
any information given by a candidate in the affidavit
or any document submitted by that candidate is false
may file a suit at the High Court of a State or Federal
High Court against such person seeking a declaration
that the information contained in the affidavit is false.
(6) If the 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.
(7) A candidate for an election shall, at the time of
submitting the prescribed form, furnish the
Commission with an identifiable address in the State
where he intends to contest the election at which
address all documents and court processes from
either the Commission or any other person shall be
served on him.
(8) A political party which presents to the Commission the
name of a candidate who does not meet the
qualifications stipulated in this section, commits an
offence and is liable on conviction to a maximum fine
ofN500, 000.00.
Section 32 of the Electoral Act 2010
Prohibition of double nomination
(1) A candidate for an election shall be nominated in
writing by such number of persons whose names
appear on the register of voters in the constituency as
the Commission may prescribe.
(2) A person shall not nominate more than one person for
an election to the same office.
(3) A person who contravenes subsection (2) of this
section commits an offence and is liable on conviction
to a maximum fine of N100,000 or imprisonment for
3 months or both but his action shall not invalidate
the nomination.
(4) An account shall not be taken of the signature of a
person on a nomination paper where the candidate
had died, withdrawn or the nomination paper was held
invalid.
(5) A person who has subscribed as a nominator shall not,
so long as the candidate stands nominated withdraws
his nomination.
Section 33 of the Electoral Act 2010
Political Parties changing candidates
A political party shall not be allowed to change or
substitute its candidate whose name has been
submitted pursuant to section 32 of this of this Act,
except in the case of death or withdrawal by the
candidate.
Section 34 of the Electoral Act 2010
Publication of nomination
The Commission shall, at least 30 days before the day
of the election publish by displaying or causing to be
displayed at the relevant office or offices of the
Commission and on the Commission’s website, a
statement of the full names and addresses of all
candidates standing nominated.
Section 35 of the Electoral Act 2010
Withdrawal of candidate
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.
Section 36 of the Electoral Act 2010
Death of a candidate
(1) If after the time for the delivery of nomination
paper and before the commencement of the poll, a
nominated candidate dies, the Chief National Electoral
Commissioner or the Resident Electoral Commissioner
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.
Section 37 of the Electoral Act 2010
Invalidity of multiple nominations
‘Where a candidate knowingly allows himself to be
nominated by more than one political party or in more
than one constituency his nomination shall be void.
Section 38 of the Electoral Act 2010
Failure of nomination
Where at the close of nomination there is no candidate
validly nominated, the Commission shall extend the
time for nomination and fix a new date for the
election.
Section 39 of the Electoral Act 2010
Contested election
Subject to any other provisions of this Act, if after the
latest time for the delivery of nomination papers and
the withdrawal of candidates for an election under this
Act, more than one person remains validly nominated,
a poll shall be taken.
Section 40 of the Electoral Act 2010
When poll is required
A poll shall take place in accordance with the
provisions of this Act in the case of an election to-
(a) the office of President or Governor of a State, whether
or not only one person is validly nominated in respect
of such office; and
(b) any other office, if after the expiry of the time for
delivery of nomination papers there is more than one
person standing nominated.
Section 41 of the Electoral Act 2010
Uncontested election
(1) If after the expiration of time for delivery of
nomination papers, withdrawal of candidates and the
extension of time as provided for in this Act there is
only one person whose name is validly nominated in
respect of an election, other than to the office of the
President or Governor, that person shall be declared
elected.
(2) Where a person is declared elected under the provision
of subsection (1) of this section, a declaration of
Result Form as may be prescribed shall be completed
and a copy issued to the person by the Returning
Officer while the original of the form shall be returned
to the Commission as in the case of a contested
election.
Section 42 of the Electoral Act 2010
Establishment of polling units
The Commission shall establish sufficient number of
polling units in each registration area and shall allot
voters to such polling units.
Section 43 of the Electoral Act 2010
Ballot boxes
(1) The Commission shall provide suitable boxes for
the conduct of elections.
(2) The forms to be used for the conduct of elections to
the offices mentioned in this Act and election petitions
arising there from shall be determined by the
Commission.
(3) The Polling Agents shall be entitled to be present at
the distribution of the election materials from the
office to the polling booth.
(4) A Polling Agent shall be entitled to be present at the
distribution of election materials, voting, counting and
the collation of election results.
(5) The Commission shall, before the commencement of
voting in each election, provide all election materials
for the conduct of such election at the polling unit.
Section 44 of the Electoral Act 2010
Format of ballot papers
(1) The Commission shall prescribe the format of the
ballot papers Format of ballot papers which shall
include the symbol adopted by the political· party of
the candidate and such other information as it may
require.
(2) The ballot papers shall be bound in booklets and
numbered serially with differentiating colours for each
office being contested.
Section 45 of the Electoral Act 2010
Polling agents
(1) Each political party may by notice in writing
addressed to the Electoral Officer of the Local
Government or Area Council, appoint a polling agent
for each polling unit and collation centre in the Local
Government or Area Council for which it has a
candidate and the notice shall set out the name
and address of the polling agent and be given to the
Electoral Officer at least 7 days before the date fixed
for the election-
PROVIDED that no person presently serving as
Chairman or member of a Local Government or Area
Council, Commissioner of a State, Deputy Governor,
or Governor of a State, Minister or any other person
holding political office under any tier of Government
and who has not resigned his appointment at least 3
months before the election shall serve as a polling
agent of any political party, either at the polling unit
or at any centre designated for collation of results of
an election.
(2) Notwithstanding the requirement of subsection (1) of
this section, a candidate shall not be precluded from
doing any act or thing which he has appointed a
polling agent to do on his behalf under this Act.
(3) Where in this Act, .an act or thing is required or
authorized to be done by or in the presence of a
polling agent, the non-attendance of the polling agent
at the time and place appointed for the act or thing or
refusal by the Polling Agent to do the act or thing shall
not, if the act or thing is otherwise done properly,
invalidate the act or thing.
Section 46 of the Electoral Act 2010
Notice of poll
(1) The Commission shall, not later than 14 days
before the day of the election, cause to be published,
in such manner as it may deem fit, a notice specifying-
(a) the day and hours fixed for the poll;
(b) the persons entitled to vote; and
(c) the location of the polling units.
Section 47 of the Electoral Act 2010
Hour of polls
Voting in any particular election under this Act shall
take place on the same day and time throughout the
Federation.
Section 48 of the Electoral Act 2010
Display of ballot boxes
(1) At the hour fixed for opening of the poll, before
the commencement of voting, the Presiding Officer
shall open the empty ballot box and show same to
such persons as may lawfully be present at the Polling
unit and shall then close and seal the box in such
manner as to prevent its being opened by an
unauthorized person.
(2) The ballot box shall be placed in full view of all present
and be so maintained until the close of poll.
Section 49 of the Electoral Act 2010
Issue of ballot papers
(1) A person intending to vote with his voter’s card,
shall present Issue of ballot papers himself to a
Presiding Officer at the polling unit in the constituency
in which his name is registered with his voter’s card.
(2) The Presiding Officer shall, on being satisfied that the
name of the person is on the register of voters, issue
him a ballot paper and indicate on the Register that
the person has voted.
Section 50 of the Electoral Act 2010
Right to challenge issue of ballot paper
A candidate or a polling agent may challenge the right
of a person to receive a ballot paper on such grounds
and in accordance with such procedures as are
provided for in this Act.
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