Section 75-83 Nigeria Electoral Act 2022

Section 75-83 Nigerian Electoral Act 2022

Section 75, 76, 77, 78, 79, 80, 81, 82, 83 of the Nigerian Electoral Act 2022, among others, are under Part V of the Act. Part V is titled POLITICAL PARTIES.

Section 75 Nigeria Electoral Act 2022

Powers of the Commission to register political parties

(1) Any political association that complies with the provisions of the Constitution and this Act for the purposes of registration shall be registered as a political party:
PROVIDED however, that such application for registration as a political party shall be duly submitted to the Commission not later than 12 months before a general election.

(2) The Commission shall, on receipt of the documents in fulfillment of the conditions stipulated by the Constitution, immediately issue the applicant with a letter of acknowledgement stating that all the necessary documents had been submitted to
the Commission.

(3) If the association has not fulfilled all the conditions under this section, the commission shall within 90 days from the receipt of its application notify the
association in writing stating the reasons for non-registration.

(4) A political association that meets the conditions stipulated in the Constitution and this Act shall be registered by the Commission as a political party within 60 days
from the date of receipt of the application, and if after the 60 days such association is not registered by the Commission, unless the Commission informs the association to the contrary, it shall be deemed to have been registered.

(5) An association, its executive members or principal officer who gives false or misleading information, commit an offence and is liable on conviction, in the case
of-
(a) the association to a fine of N5,000,000; and
(b) each executive or principal officer of the association to a fine of N3,000,000 or
imprisonment for a term of at least two years or both.

(6) An application for registration as a political party shall not be processed unless there is evidence of payment of administrative fee as may be fixed by the Commission.

Section 76 Nigeria Electoral Act 2022

Decision of the Commission subject to judicial review

See also  Section 136-140 Nigeria Electoral Act 2022

The decision of the Commission not to register any association as a political party may be challenged in the Federal High Court, provided that any legal action challenging the decision of the Commission shall be commenced within 14 days from the date of receipt of the decision on non-registration from the Commission.

Section 77 Nigeria Electoral Act 2022

Political parties to be bodies corporate

(1) A political party registered under this Act shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(2) Every registered political party shall maintain a register of its members in both hard and soft copy.

(3) Each political party shall make such register available to the Commission not later than 30 days before the date fixed for the party primaries, congresses or convention

Section 78 Nigeria Electoral Act 2022

Contravention of section 227 of the 1999 Constitution

(1) Any political party or association, which contravenes the provisions of section 227 of the Constitution, commits an offence and is liable on conviction to a fine of –

(a) N5,000,000 for the first offence;
(b) N7,000,000 for any subsequent offence; and
(c) N500,000 for every day that the offence continues.

(2) Any person or group of persons who aids or abets a political party in contravening the provisions of section 227 of the Constitution commits an offence and is liable on conviction to a fine of N5,000,000 or imprisonment for a term of five years or both.

Section 79 Nigeria Electoral Act 2022

Symbols of political parties

(1) The Commission shall keep a register of symbols and name for use at elections.
(2) The Commission shall register the symbol and name of a political party if it is satisfied that –
(a) no other symbol and name of the same design is registered;
(b) the symbol and name is distinctive from any other symbol already registered;
and
(c) its use will not be offensive or otherwise objectionable.

(3) The Commission shall remove a symbol or name from the register of symbols and names if the Commission is of the opinion that the political party in whose name the symbol is registered has ceased to exist or to use the symbol “and names”.

(4) Nothing in this section shall authorise the allotment or registration for use at any election of a symbol or material as symbol of a party, if it portrays –
(a) the Coat of Arms of the Federation;
(b) the Coat of Arms of any other country;

(c) a device or emblem which in the opinion of the Commission is normally associated with—
(i) the official acts of Government;
(ii) any of the Armed Forces of the Federation or the Nigeria Police Force
or other uniformed service;
(iii) the regalia of a Chief;
(iv) any tribe or ethnic group;
(v) any religion or cult; or
(vi) any portrait of a person living or dead; or

See also  Section 130-135 Nigeria Electoral Act 2022

(d) any symbol or part of a symbol which under the provision of this section
continues to be registered by another political party.

(5) Subject to the provisions of this section, the symbol allotted to a political party and in use immediately before the coming into force of this Act shall continue to be
available to, and be used by, that political party without payment of the fee.

(6) Where a political party is deregistered, no political association shall be permitted to use the name, symbol, logo or acronym of the deregistered political party within five years of deregistration.

Section 80 Nigeria Electoral Act 2022

Allocation of symbols

Where a symbol is registered by a political party in accordance with this Act, the Commission shall allot the symbol to any candidate sponsored by the political party at any election.

Section 81 Nigeria Electoral Act 2022

Merger of political parties

(1) Any two or more registered political parties may merge on approval by the Commission following a formal request presented to the Commission by the political parties for that purpose.

(2) Political parties intending to merge shall each give to the Commission nine months’ notice of their intention to do so before a general election.

(3) The written request for merger shall be sent to the Chairman of the Commission and shall be signed jointly by the National Chairman, Secretary and Treasurer for the time being of the different political parties proposing the merger and shall be
accompanied by –
(a) a special resolution passed by the national convention of each of the political parties proposing to merge, approving the merger;
(b) the proposed full name and acronym, Constitution, manifesto, symbol or logo
of the party together with the addresses of the national office of the party resulting from the merger; and
(c) evidence of payment of administrative fee as may be fixed by the Commission.

(4) On receipt of the request for merger of political parties the Commission shall
consider the request, and if the parties have fulfilled the requirements of the Constitution and this Act, approve the proposed merger and communicate its decision to the parties concerned before the expiration of 60 days from the date of receipt of the formal request:

Provided that where the Commission fails to communicate its decision within 60
days, the parties shall within 14 days thereafter challenge the decision of the Commission at the court and establish by cogent and verifiable reason that they
have met all the constitutional requirements for merger.

(5) Where the request for the proposed merger is approved, the Commission shall
withdraw and cancel the certificates of registration of all the political parties opting for the merger and substitute a single certificate of registration in the name of the party resulting from the merger.

See also  Section 24-30 Nigeria Electoral Act 2022

Section 82 Nigeria Electoral Act 2022

Notice of convention, congress

(1) Every registered political party shall give the Commission at least 21 days’ notice of any convention, congress, conference or meeting convened for the purpose of
“merger” and electing members of its executive committees, other governing bodies
or nominating candidates for any of the elective offices specified under this Act.

(2) The Commission may, with or without prior notice to the political party attend and observe any convention, congress, conference or meeting which is convened by a political party for the purpose of-
(a) electing members of its executive committees or other governing bodies;
(b) nominating candidates for an election at any level; and
(c) approving a merger with any other registered political party.

(3) The election of members of the executive committee or other governing body of a political party, including the election to fill a vacant position in any of the aforesaid bodies, shall be conducted in a democratic manner and allowing for all members of the party or duly elected delegates to vote in support of a candidate of their choice.

(4) Notice of any congress, conference or meeting for the purpose of nominating candidates for Area Council elections shall be given to the Commission at least 21 days before such congress, conference or meeting.

(5) Failure of a political party to notify the Commission as stated in subsection (1) shall render the convention, congress, conference or meeting invalid.

Section 83 Nigeria Electoral Act 2022

Monitoring of political parties

(1) The Commission shall keep records of the activities of all the registered political parties.

(2) The Commission may seek information or clarification from any registered political party in connection with any activities of the political party which may be contrary to the provisions of the Constitution or any other law, guidelines, rules or regulations made pursuant to an Act of the National Assembly.

(3) The Commission may direct its enquiry under subsection (2) to the Chairman or Secretary of the political party at the national, state, local government or area
council or ward level, as the case may be.

(4) A political party which fails to provide the required information or clarification
under subsection (2) or carry out any lawful directive given by the Commission in conformity with the provisions of this section is liable to a fine not more than
Nl,000,000.


See also:

Section 84 Nigeria Electoral Act 2022

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