Section 31-38 Nigeria Electoral Act 2022

Section 31-38 Nigerian Electoral Act 2022

Section 31, 32, 33, 34, 35, 36, 37, 38 of the Nigerian Electoral Act 2022, among others, are under Part IV of the Act. Part IV is titled PROCEDURE AT ELECTION.

Section 31 Nigeria Electoral Act 2022

Withdrawal of candidate

A candidate may withdraw his or her candidature by notice in writing signed by him and delivered personally by the candidate to the political party that nominated him for the election and the political party shall convey such withdrawal to the Commission not later than 90 days to the election.

Section 32 Nigeria Electoral Act 2022

Publication of nomination

(1) The Commission shall, at least 150 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 web site, a statement of the full names and addresses of all candidates standing nominated.

(2) Any registered political party that observes that the name of its candidate is missing on the list published in accordance with subsection (1) shall notify the Commission in writing, signed by its National Chairman and Secretary, supported with an affidavit not later than 90 days to the election.

(3) Failure of the political party to notify the Commission in accordance with subsection (2) shall not be a ground to invalidate the election

Section 33 Nigeria Electoral Act 2022

Political parties changing candidates

A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or
withdrawal by the candidate:
Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned.

Section 34 Nigeria Electoral Act 2022

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 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.

(3) If after the commencement of polls and before the announcement of the final result and declaration of a winner, a candidate dies —
(a) the Commission shall, being satisfied of the fact of the death, suspend the election for a period not more than 21 days; and
(b) in the case of election into a legislative House, the election shall start afresh and the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh primary within 14 days of the death of its candidate and submit the name of a new candidate to the Commission to replace the dead candidate:

Provided that in the case of presidential or gubernatorial or Federal Capital Territory Area Council election, the running mate shall continue with the election and nominate a new running mate.

Section 35 Nigeria Electoral Act 2022

Invalidity of multiple nomination

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 36 Nigeria Electoral Act 2022

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 37 Nigeria Electoral Act 2022

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 38 Nigeria Electoral Act 2022

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.

See also:

Section 24-30 Nigeria Electoral Act 2022

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