Section 40
Establishment of polling units(1) The Commission shall divide each Local Government Area into registration areas or Electoral Wards not being less than 10 and not more than 20 as the circumstance of the Local Government Area may require.
(2) The Commission shall establish adequate number of polling units in each registration area or Electoral ward and shall allot voters to such polling units.
The section Provides that the Commission shall establish adequate number of polling units in each Registration Area or Electoral ward and shall allot voters to such polling units.
The 2022 Act adds a requirement for the Commission to divide each Local Government Area into Registration Areas not being less than 10 and not more than 20 as the circumstance of the Local Government Area may require.
See: Similar provision on division of area councils into registration areas in Section 100 of the Act .The Polling Unit is the lowest level of the electoral structure in Nigeria. As such, it is probably the most critical point in delivering qualitative elections. Polling Units aggregate into Registration Areas (known as Wards in the Federal Capital Territory) and, subsequently, into Constituencies.
The location and number of polling units (PU) in the country is key to improved voter participation and expansion of voters’ access. Thus, poor access to polling units, the location of polling units in shrines, mosques, churches and private residences, as well as overcrowding, have been barriers to effective voter participation.
Polling Units should be in public places and with no party or private persons affiliations. Consequently, public building such as government schools are typically used for locating PUs.
According to INEC, voter access to Polling Units is focused primarily on adequacy of number of Polling Units. To address this, in 2021, the commission created additional 56,873 polling units, taking the number of PUs from 119,973 polling units created in 1996 to 176,846 polling units. This included the conversion of Voting Points and Voting Point Settlements used in the 2019 elections to PUs. Other considerations for improving access are the accessibility of the location and a conducive and safe environment for voting.
Ahead of the 2023 general elections, INEC shared that new registrants would be reassigned to the new polling units by choice or mandatory assignment to reduce overcrowding and congestion in existing PUs. This includes the choice of existing voters to transfer voting locations to new locations.
The Commission is obliged to conduct elections in each of the polling units or stations established under the Act.
HON. MOSES ESSIN & 1 OR. V. HON. GODWIN EKPO & 2 ORS. (CA/C/EP/SHA/AKW/29/2023) (Unreported) Per Gabriel Kolawale, JCA @ Pg. 12
“… The Legislature thought it proper and for right reasons, by Section 40 of the Electoral Act, 2022, to mandate the 3rd Respondent to divide
each local government areas into registration areas or electoral wards not being less than 10 and not more than 20; and also establish adequate number
of polling units in each registration area or electoral ward and shall a lot voters to such Polling Units. It is therefore reasonably expected that once
voters are allotted polling units, the voters will cast their votes in the respective polling units they were allotted to.”
The State of Voter Access to Polling Units in Nigeria. INEC Discussion Paper No.1/2021. Available at: https://inecnigeria.org/wp-content/uploads/2021/02/The-State-of-Voter-Access-to-PUs-in-Nigeria_mini.pdf
“2023: INEC laments congestion in polling units” by Punch Newspaper. Available at: https://punchng.com/2023-inec-laments-congestion-in-polling-units/
INEC polling units and the future of elections in Nigeria, By Reuben Abati Available at: https://www.premiumtimesng.com/opinion/469219-inec-polling-units-and-the-future-of-elections-in-nigeria-by-reuben-abati.html
