Section 79
Symbols of political parties(1) The Commission shall keep a register of symbols and name for use at elections.
(2) The Commission shall register the symbol and name of a political party if it is satisfied that—
(a) no other symbol and name of the same design is registered;
(b) the symbol and name is distinctive from any other symbol already registered; and
(c) its use will not be offensive or otherwise objectionable.
(3) The Commission shall remove a symbol or name from the register of symbols and names if the Commission is of the opinion that the political party in whose name the symbol is registered has ceased to exist or to use the symbol “and names”.
(4) Nothing in this section shall authorise the allotment or registration for use at any election of a symbol or material as symbol of a party, if it portrays—
(a) the Coat of Arms of the Federation;
(b) the Coat of Arms of any other country;
(c) a device or emblem which in the opinion of the Commission is normally associated with—
(i) the official acts of Government,
(ii) any of the Armed Forces of the Federation or the Nigeria Police Force or other uniformed service,
(iii) the regalia of a Chief,
(iv) any tribe or ethnic group,
(v) any religion or cult, or
(vi) any portrait of a person living or dead; or
(d) any symbol or part of a symbol which under the provision of this section continues to be registered by another political party.
(5) Subject to the provisions of this section, the symbol allotted to a political party and in use immediately before the coming into force of this Act shall continue to be available to, and be used by, that political party without payment of the fee.
(6) Where a political party is deregistered, no political association shall be permitted to use the name, symbol, logo or acronym of the deregistered political party within five years of deregistration.
This provision mandates the Commission to keep a register of symbols and names [names added in the 2022 Act] of all political parties where it is satisfied that the symbol or name do not resemble any national symbol, is not an already registered symbol/name nor an offensive symbol/name. INEC shall also have the power to remove the symbol/name of any political party where in its opinion the said political party has ceased to exist.
INEC is also allowed to refuse to register any symbol that suggests association with the Government of Nigeria, the regalia of a Chief, tribe or ethnic group, religion or cult, portrait of a person living or dead.
A new provision is added in subsection (6) which states that where a Political Party is deregistered, no political association shall be permitted to use the name, symbol, logo, or acronym of the deregistered Political Party within five years of the deregistration.
MUBARAK AHMAD TIJJANI & NNPP V. KINGIBE IRETI HEEBAH & 2 ORS. (Unreported) CA/ABJ/EP/SEN/FCT/43/2023.
To prove non-compliance as provided by Sections 42, 79 (1), and 80, as complained by the Appellants, the Appellants have to present three documents to prove its case: The register of symbol and name written on it; a document that shows the symbol and the name submitted to the 3rd Respondent by the 2nd Appellant; and, the document for the purpose of Section 79 of the Electoral Act is the ballot paper used for the election.
Political symbolism and Mass Mobilisation for Political Participation in Nigeria by Alakali Terfa T., Sambe, S. A (Ph.D), and Tondo, Aondosoo Wilfred