Section 102

(1) A person shall not be qualified to contest an Area Council election under this Act if he or she—

(a) subject to the provisions of section 28 of the Constitution, has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country;

Cap. C23 LFN, 2004.

(b) is adjudged to be a lunatic or otherwise declared to be of unsound mind under any law in force in any part of Nigeria;

(c) is under a sentence of death imposed on him or her by any competent court of law or tribunal in Nigeria;

(d) within a period of less than 10 years before the date of an election to the Area Council, has been convicted and sentenced for an offence involving dishonesty or has been found guilty of contravention of the Code of Conduct;

(e) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria;

(f) is a person employed in the public service of the Federation or of any State or Area Council, other than a person holding elective office, and has not resigned, withdrawn or retired from such employment 30 days before the date of election;

(g) is a member of any secret society;

(h) has within the preceding period of 10 years presented a forged certificate to the Commission;

(i) has been dismissed from the public service of the Federation, State, Local Government or Area Council; or

(j) has been elected to such office at any two previous elections in the case of Chairman.

(2) Where in respect of any person who has been—

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(c) sentenced to death or imprisonment; or

(d) adjudged or declared bankrupt, any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

(3) For the purpose of subsection (2), an “appeal” includes any application for an injunction or an order of certiorari, mandamus, prohibition, or habeas corpus, or any appeal from any such application.