Section 143
Secrecy of ballotNo person who has voted in any election under this Act shall, in any legal proceedings arising out of the election, be required to say for whom he or she voted.
This section seeks to ensure that a candidate’s vote or choice is not revealed during an election petition or related court proceeding. It reinforces sections 50 (1) and 122 of the Act.
S. 50 (1) of the Act says that voting at an election under this Act shall be by open secret ballot. What this essentially means is that even though accreditation, issue of ballot paper and dropping of a marked ballot in the ballot box are all done in open view, the actual marking or thumbprinting of the ballot paper by voters should be done in secret.
Section122 of the Act mandates everyone in a polling unit and election/polling officers to maintain and aid in maintaining the secrecy of voting.
The essence of casting secret ballot is that the candidate for whom a voter or selector cast his votes remains unknown to others and a well-guarded secret of the voter, who cannot be compelled to disclose his choice. See SHUAIBU V. MUAZU (2014) 8 NWLR (PT. 1409) 207 at 292, Para C.
