Electoral Act 2022
An Act to repeal The Electoral Act, NO. 6, 2010 and enact The Electoral Act, 2022, to regulate the conduct of Federal, State and Area councils in the Federal Capital Territory elections; and for related matters.
Part I - ESTABLISHMENT AND FUNCTIONS OF INDEPENDENT NATIONAL ELECTORAL COMMISSION
Section 1 - Establishment of Independent National Electoral Commission
Section 2 - Functions of the Commission
Section 3 - Establishment of the Independent National Electoral Commission Fund
Section 4 - Expenditure of the Commission
Section 5 - Annual estimates and accounts
Section 6 - Establishment of office in each State, Federal Capital Territory and Local Government Area
Section 7 - Committees of the Commission
PART II – STAFF OF THE COMMISSION
Section 8 - Secretary and other staff of the Commission
PART III – NATIONAL REGISTER OF VOTERS AND VOTERS’ REGISTRATION
Section 9 - National register of voters and voters’ registration
Section 10 - Continuous registration
Section 11 - Appointment of officers
Section 12 - Qualification for registration
Section 13 - Transfer of registered voters
Section 14 - Demand for information regarding registration
Section 15 - Power to print or issue register of voters
Section 16 - Power to print or issue voters card
Section 17 - Custody of voters’ register
Section 18 - Power to issue replacement permanent voters’ card
Section 19 - Display of copies of voters’ list
Section 20 - Revision officer for hearing of claims
Section 21 - Proprietary rights in the voters’ card
Section 22 - Offences of buying and selling voters’ cards
Section 23 - Offences relating to register of voters
PART IV – PROCEDURE AT ELECTION
Section 24 - Conduct and postponement of election in emergency
Section 25 - Announcement and declaration of election results
Section 26 - Oath of neutrality by election officials
Section 27 - Appointment of other officers for the conduct of registration of voters and elections
Section 28 - Notice of elections
Section 29 - Submission of list of candidates and their affidavits by political parties
Section 30 - Prohibition of double nomination
Section 31 - Withdrawal of candidate
Section 32 - Publication of nomination
Section 33 - Political parties changing candidates
Section 34 - Death of a candidate
Section 35 - Invalidity of multiple nomination
Section 36 - Failure of nomination
Section 37 - Contested election
Section 38 - When poll is required
Section 39 - Uncontested election
Section 40 - Establishment of polling units
Section 41 - Ballot boxes and voting devices
Section 42 - Format of ballot papers
Section 43 - Polling agents
Section 44 - Notice of poll
Section 45 - Hour of poll
Section 46 - Display of ballot boxes
Section 47 - Accreditation of voters and voting
Section 48 - Right to challenge issue of ballot paper
Section 49 - Separate queues for men and women
Section 50 - Conduct of poll by open secret ballot
Section 51 - Over voting
Section 52 - Ballot not to be marked by voter for identification
Section 53 - Accidental destruction or marking of ballot paper
Section 54 - Visually impaired and incapacitated voters
Section 55 - Personal attendance
Section 56 - Voting at appropriate polling unit
Section 57 - Impersonation by applicant to vote
Section 58 - Conduct at polling units
Section 59 - Closing of poll
Section 60 - Counting of votes and forms
Section 61 - Recount
Section 62 - Post-election procedure and collation of election results
Section 63 - Rejection of ballot paper without official mark
Section 64 - Endorsement on rejected ballot paper without official mark
Section 65 - Decision of returning officer on ballot paper
Section 66 - Declaration of results
Section 67 - Equality of votes
Section 68 - Posting of results
Section 69 - Custody of documents
Section 70 - Step by step recording of poll
Section 71 - Result forms to be signed and countersigned
Section 72 - Certificate of return
Section 73 - Forms for use at elections
Section 74 - Access to election documents
PART V - POLITICAL PARTIES
Section 75 - Powers of the Commission to register political parties
Section 76 - Decision of the Commission subject to judicial review
Section 77 - Political parties to be bodies corporate
Section 78 - Contravention of section 227 of the 1999 Constitution
Section 79 - Symbols of political parties
Section 80 - Allocation of symbols
Section 81 - Merger of political parties
Section 82 - Notice of convention, congress
Section 83 - Monitoring of political parties
Section 84 - Nomination of candidates by parties
Section 85 - Offences in relation to finances of a political party
Section 86 - Period to be covered by annual statement
Section 87 - Power to limit contribution to a political party
Section 88 - Limitation on election expenses
Section 89 - Election expenses of political parties
Section 90 - Disclosure by political parties
Section 91 - Conduct at political rallies, and processions
Section 92 - Prohibition of certain conduct at political campaigns
Section 93 - Prohibition of use of force or violence during political campaign
Section 94 - Limitation on political broadcast and campaign by political parties
Section 95 - Campaign for election
Section 96 - Prohibition of broadcast 24 hours preceding or on polling day
Section 97 - Campaign based on religion or tribe
PART VI – PROCEDURE FOR ELECTION TO AREA COUNCIL
Section 98 - Powers of the Commission
Section 99 - Election to offices of Chairman, Vice-chairman and Councilors
Section 100 - Division of Area Council into registration area
Section 101 - Qualification
Section 102 - Disqualification
Section 103 - Date of Area Council elections and method of voting
Section 104 - Procedure for Area Council elections
Section 105 - Procedure for nomination
Section 106 - Election of Area Council Chairman
Section 107 - Death of Chairman or Vice-Chairman before oath of office
Section 108 - Dissolution of Area Council
Section 109 - Vacation of seat of members
Section 110 - Removal of Chairman or Vice-Chairman
Section 111 - Permanent incapacity of Chairman or Vice-Chairman of an Area Council
Section 112 - Performance of functions of Chairman or Vice-Chairman of an Area Council
Section 113 - Recall
PART VII – ELECTORAL OFFENCES
Section 114 - Offences in relation to registration
Section 115 - Offences in respect of nomination
Section 116 - Disorderly behavior at political meetings
Section 117 - Improper use of voters cards
Section 118 - Improper use of vehicles
Section 119 - Impersonation and voting when not qualified
Section 120 - Dereliction of duty
Section 121 - Bribery and conspiracy
Section 122 - Requirement of secrecy in voting
Section 123 - Wrongful voting and false statements
Section 124 - Voting by unregistered person
Section 125 - Disorderly conduct at elections
Section 126 - Offences on election day
Section 127 - Undue influence
Section 128 - Threatening
Section 129 - Offences relating to recall
PART VIII – DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS
Section 130 - Proceedings to question an election
Section 131 - Establishment of Area Council Election Tribunal
Section 132 - Establishment of Area Council Election Appeal Tribunal
Section 133 - Persons entitled to present election petitions
Section 134 - Grounds for petition
Section 135 - Certain defects not to invalidate election
Section 136 - Nullification of election by Tribunal or Court
Section 137 - Effect of non-compliance
Section 138 - Person elected to remain in office pending determination of appeal
Section 139 - Legal representation of Commission
Section 140 - Rules of procedure for election petition
PART IX – MISCELLANEOUS PROVISIONS
Section 141 - Persons disqualified from acting as election officers
Section 142 - Election expenses by the Commission
Section 143 - Secrecy of ballot
Section 144 - Prosecution of offence disclosed in election petition
Section 145 - Trial of offences
Section 146 - Inspection of documents
Section 147 - Delegation of powers of the Commission
Section 148 - Regulations
Section 149 - Validation
Section 150 - Procedure for Local Government Election in furtherance of paragraph 11 of Part II of the Second Schedule to the Constitution
Section 151 - Repeal of the Electoral Act No. 6, 2010
Section 152 - Interpretation
Section 153 - Citation
SCHEDULES - FIRST SCHEDULE: Rules of Procedure for Election Petitions
Paragraph 1 - Interpretation
Paragraph 2 - Security for costs
Paragraph 3 - Presentation of Election Petition
Paragraph 4 - Contents of election petition
Paragraph 5 - Further particulars
Paragraph 6 - Address of service
Paragraph 7 - Action by Secretary
Paragraph 8 - Personal service on respondent
Paragraph 9 - Entry of appearance
Paragraph 10 - Non-filing of Memorandum of Appearance
Paragraph 11 - Notice of Appearance
Paragraph 12 - Filing of reply
Paragraph 13 - Service of Reply
Paragraph 14 - Amendment of Election petition and reply
Paragraph 15 - Particulars of votes rejected
Paragraph 16 - Petitioner’s Reply
Paragraph 17 - Further particulars or directive
Paragraph 18 - Pre-hearing session and scheduling
Paragraph 19 - Hearing of petition to be in open tribunal or court
Paragraph 20 - Time and place of hearing petition
Paragraph 21 - Notice of hearing
Paragraph 22 - Posting of notice on tribunal notice board deemed to be good notice
Paragraph 23 - Postponement of hearing
Paragraph 24 - Non arrival of Chairman of tribunal or Presiding Justice of the court
Paragraph 25 - Hearing continues from day to day
Paragraph 26 - Adjournment of hearing
Paragraph 27 - Power of Chairman of the Tribunal or the presiding justice of the court to dispose on interlocutory matters
Paragraph 28 - Effect of determination of election petition
Paragraph 29 - Withdrawal or abatement of petition
Paragraph 30 - Affidavits against illegal term of withdrawal
Paragraph 31 - Time for hearing motion for leave to withdraw petition
Paragraph 32 - Payment of costs to respondents
Paragraph 33 - Abatement of proceedings in election petition
Paragraph 34 - Notice of no opposition to petition
Paragraph 35 - Countermand of notice of hearing
Paragraph 36 - Discretion of Tribunals or Court if no reply
Paragraph 37 - Fees
Paragraph 38 - Allocation of costs
Paragraph 39 - Return of Security
Paragraph 40 - Payment of costs out of security
Paragraph 41 - Evidence at Hearing
Paragraph 42 - Calling of witnesses
Paragraph 43 - Privileges of a witness
Paragraph 44 - Evidence of respondent
Paragraph 45 - Enlargement and abridgement of time
Paragraph 46 - Hearing in a Petition
Paragraph 47 - Motions and Applications
Paragraph 48 - Service of Notice
Paragraph 49 - Two or more candidates as respondents
Paragraph 50 - Consolidated petitions
Paragraph 51 - Electoral officer as respondents
Paragraph 52 - Duplicate of document
Paragraph 53 - Noncompliance with rules, etc.
Paragraph 54 - Application of rules of court
Paragraph 55 - Practice and procedure of Court of Appeal and Supreme Court
FORMS
Form TF 001
Form TF 002
Form TF 003
Form TF 004
Form TF 005
Form TF 006
Form TF 007
Form TF 008
Supplemental Transitional Provisions
Oath/Affirmation of Neutrality
Form EC.1
Form EC.2
Form EC.3
Form EC.3a
