Section 43 Electoral Act 2026

Section 43 of the Nigerian Electoral Act 2026 is about Polling agents. It provides as follows:

(1) Each candidate, in consultation with his political party may, by notice in writing
addressed to the Resident Electoral Commissioner of the State, appoint a polling
agent for each polling unit and collation centre in the Local Government Area or Area Council for which it has candidate and the notice, which sets out the name,
address and contact details of the polling agent, shall be accompanied by two passport photographs of each polling agent and sample signature of the polling agent and be given to the electoral officer at least 14 days before the date fixed
for the election:

Provided that no person who is serving as Chairman or member of a Local
Government Area or Area Council, Commissioner, Deputy Governor or Governor of a State, Minister of the Federal Government, or any other person holding elective or appointive political office under any tier of government and who has not resigned from his office at least three months prior to the said 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 election.

(2) Notwithstanding the requirement of subsection (1), a candidate shall not be
precluded from doing any act or thing which his political party, in consultation
with him, has appointed a polling agent to do on his or her behalf under this Act.

(3) Where in this Act, an act or thing is required or authorised 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.

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