Section 66-74 Nigerian Electoral Act 2022

Table of Contents

Section 66, 67, 68, 69, 70, 71, 72, 73, 74 of the Nigerian Electoral Act 2022, among others, are under Part IV of the Act. Part IV is titled PROCEDURE AT ELECTION.

Section 66 Nigeria Electoral Act 2022

Declaration of result

In an election to the office of the President or Governor whether or not contested and in any contested election to any other elective office, the result shall be ascertained by counting the votes cast for each candidate and subjected to the provisions of sections 133, 134 and 179 of the Constitution, the candidate that receives the highest number of votes shall be declared elected by the appropriate returning officer.

Section 67 Nigeria Electoral Act 2022

Equality of votes

Where two or more candidates’ poll equal number of votes being the highest in an election, the returning officer shall not return any of the candidates and a fresh election shall be held for the candidates who polled equal number of votes on a date to be appointed by the Commission.

Section 68 Nigeria Electoral Act 2022

Posting of results

The Commission shall cause to be posted on its notice board and website, a notice showing the candidates at the election and their scores, and the person declared as elected or returned at the election.

Section 69 Nigeria Electoral Act 2022

Custody of documents

The Chief Electoral Commissioner or any officer authorised by him or her shall keep official custody of all the documents, including statement of results and ballot papers relating to the election, which are returned to the Commission by the returning officers.

Section 70 Nigeria Electoral Act 2022

Step by step recording of poll

Subject to the provisions of this Act, the Commission shall issue and publish in the Federal Government Gazette, guidelines for the elections which shall make provisions, among other things, for the step-by-step recording of the poll in the electoral forms as may be prescribed beginning from the polling unit to the last collation centre for the ward or constituency where the result of the election shall be declared.

Section 71 Nigeria Electoral Act 2022

Result forms to be signed and countersigned

Every result form completed at the ward, local government, state and national levels in accordance with the provisions of this Act or any guidelines issued by the Commission shall be stamped, signed and countersigned by the relevant officers and polling agents at those levels and copies given to the police officers and the polling agents, where available.

Section 72 Nigeria Electoral Act 2022

Certificate of return

(1) A sealed certificate of return at an election in a prescribed form shall be issued within 14 days to every candidate who has been returned by the returning officer in an election under this Act:

Provided that where the Court of Appeal or the Supreme Court being the final appellate court in any election petition, as the case may be, nullifies any candidate’s certificate of return, the Commission shall within 48 hours after receipt of the
court’s order, issue the successful candidate with a valid certificate of return.

(2) Where the Commission fails, refuses, or neglects to issue the certificate of return under subsection (1), a certified true copy of the order of the court shall, by that very fact, be sufficient for the purpose of swearing-in a candidate declared as the winner
of the election by that court.

Section 73 Nigeria Electoral Act 2022

Forms for use at elections

(1) The forms to be used for the conduct of elections under this Act shall be determined by the Commission.

(2) An election conducted at a polling unit without the prior recording in the forms prescribed by the Commission of the quantity, serial numbers and other particulars of results sheets, ballot papers and other sensitive electoral materials made available by the Commission for the conduct of the election shall be invalid.

(3) A Presiding officer who intentionally announces or signs any election result in violation of subsection (2) commits an offence and is liable on conviction to a fine of N10,000,000 or imprisonment for a term of at least one year or both.

Section 74 Nigeria Electoral Act 2022

Access to election documents

(1) The Resident Electoral Commissioner in a state where an election is conducted shall, within 14 days after an application is made to him by any of the parties to an election petition, cause a certified time copy of such document to be issued to the said party.

(2) Any Resident Electoral Commissioner who willfully fails to comply with the provisions in subsection (1) commits an offence and is liable on conviction to a maximum fine of N2,000,000 or imprisonment for a term of 12 months or both.

Section 66-74 Nigeria Electoral Act 2022