Section 100
Division of Area Council into registration area(1) Subject to the provisions of this section, the Commission shall divide each Area Council into registration areas or Electoral Wards not being less than 10 and not more than 20 as the circumstance of each Area Council may require.
(2) The boundaries of each registration area or Electoral Ward shall be such that the number of inhabitants of the registration area or Electoral Ward is as nearly equal to the population quota as is reasonably practicable.
(3) The Commission shall review the division of every Area Council at intervals of not less than 10 years and may alter such registration area or Electoral Ward in accordance with subsection (1) to such extent as it may consider desirable in the light of the review.
(4) Notwithstanding subsection (3), the Commission may, at any time, carry out such a review and alter the Electoral Ward in accordance with the provisions of this section to such extent as it considers necessary in consequence of any amendment to section 3 of the Constitution or any provision replacing that provision or by reason of the holding of a national population census or pursuant to an Act of the National Assembly.
Cap. C23 LFN, 2004.This section empowers the Commission to divide each Area Council into Electoral wards between 10 and 20 in number and to review such division not less than every 10 years.
For ease in conducting elections, INEC is however empowered to provide for additional registration areas in the event of population explosion or following a census, to avoid large clusters of voters within a particular area or ward. With this provision, logistical challenges are easier addressed and latitude is given to INEC to exercise its powers of division of Registration Areas where it becomes necessary before the indicated timeline in the section.
This provision is similar to Sections 72 and 73 of the Constitution on Size of Senatorial districts and Federal constituencies and Periodical review of Senatorial districts and Federal constituencies respectively. (Sections 113 and 114 for the States). These provisions empower INEC to delineate Federal and State constituencies for the purpose of elections but an Act of the National Assembly is needed to give effect to it. Well defined districts and constituencies are important for creating a level playing field for elections.
It is important to note that the Court has restated that it is only INEC that is responsible for creation of electoral wards or constituencies.
In 2007, the Cross River State Government had created electoral wards adjusting the boundaries of two local government areas via a State law. The people of Bakassi, a community in the State, went to court to compel INEC to recognize and conduct elections in the boundaries adjusted by the Cross River State House of Assembly via a Law No. 7 of Cross River State 2007. This law was set aside by the Supreme Court which held that only INEC was empowered to delineate constituencies. The Supreme Court further held that the Cross River State House of Assembly “has powers to make laws to adjust boundaries of local governments as it deemed fit” but not to create any constituency for the purpose of election.
See The Guardian Article: https://guardian.ng/news/supreme-court-orders-inec-to-delineate-bakassi-council/
