Electoral Act 2022

Qualifications of Aspirants and Candidates

(3) A political party shall not impose nomination qualification or disqualification criteria, measures, or conditions on any aspirant or candidate for any election in its constitution, guidelines, or rules for nomination of candidates for elections, except as prescribed under sections 65, 66, 106, 107, 131, 137, 177 and 187 of the Constitution.

Direct Primaries

(4) A political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the party and shall adopt the procedure outlined— (a) in the case of presidential primaries, all registered members of the party shall vote for aspirants of their choice at a designated centre at each ward of the Federation ; (b) the procedure under paragraph (a) shall be adopted for direct primaries in respect of Gubernatorial, Senatorial, Federal and State Constituencies ; (c) Special conventions or congresses shall be held to ratify the candidate with the highest number of votes at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.

Indirect Primaries

(5) A political party that adopts the system of indirect primaries for the choice of its candidate shall adopt the procedure outlined— (a) in the case of nominations to the position of Presidential candidate, the— (i) political party shall hold a special presidential convention at a designated centre in the Federal Capital Territory or any other place within the Federation that is agreed to by the National Executive Committee of the party where delegates shall vote for aspirants of their choice, (ii) aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the presidential primaries of the political party and that aspirant’s name shall be forwarded to the Commission as the candidate of the party ; (b) in the case of nominations to the position of a Governorship candidate, the political party shall, where it intends to sponsor candidates— (i) hold a special congress in the State Capital or any other place within the State with delegates voting for aspirants of their choice at the congress to be held on a specified date appointed by the National Executive Committee (NEC) of the party, and (ii) the aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to the Commission as the candidate of the party, for the particular State ; (c) in the case of nominations to the position of a Senatorial candidate, a Member of the House of Representatives and a Member of a State House of Assembly, the political party shall, where it intends to sponsor candidates— (i) hold special congresses in the Senatorial District, Federal Constituency and the State Assembly Constituency respectively, with delegates voting for aspirants of their choice in designated centres on specified dates, and (ii) the aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to the Commission as the candidate of the party (d) in the case of the position of a Chairmanship candidate of an Area Council, the political party shall, where it intends to sponsor a candidate— (i) hold special congresses in the Area Councils, with delegates voting for aspirants of their choice at designated centres on a specified date, and (ii) the aspirant with the highest number of votes cast at the end of voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to the Commission as the candidate of the party (6) In the case of a Councillorship candidate, the procedure for the nomination of the candidate shall be by direct primaries in the ward, and the name of the candidate with the highest number of votes cast shall be submitted to the Commission as the candidate of the party. (7) Where there is only one aspirant or a consensus candidate in a political party for any of the elective positions mentioned in subsection (5) (a), (b), (c) and (d), the party shall convene a special convention or congress at a designated centre on a specified date for the confirmation of such aspirant and the name of the aspirant shall be forwarded to the Commission as the candidate of the party. (8) A political party that adopts the system of indirect primaries for the choice of its candidate shall clearly outline in its constitution and rule the procedure for the democratic election of delegates to vote at the convention, congress or meeting

Consensus Candidate

(9) A political party that adopts a consensus candidate shall secure the written consent of all cleared aspirants for the position, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate. (10) Where a political party is unable to secure the written consent of all cleared aspirants for the purpose of a consensus candidate, it shall revert to the choice of direct or indirect primaries for the nomination of candidates for the aforesaid elective positions. (11) A special convention or nomination congress shall be held to ratify the choice of consensus candidates at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.

Political Appointee not Eligible as a Voting Delegate or Aspirant

(12) No political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election. (13) Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue. (14) Notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress. (15) Nothing in this section shall empower the Courts to stop the holding of primaries or general elections under this Act pending the determination of a suit.

(2) There shall be a Councilor for each Electoral Ward in an Area Council of the Federal Capital Territory.

(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.

(a) is a citizen of Nigeria ;

(b) is registered as a voter ;

(c) has attained the age of 25 years for Councillor and 30 years for Chairman and Vice Chairman ;

(d) is educated up to at least School Certificate level or its equivalent ; and

(e) is a member of a political party and is sponsored by that party.

(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 ;

(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.

(2) Bye-elections to fill vacancies that occur in Area Councils shall be held within 30 days from the date the vacancy occurred.

(3) The date mentioned in subsection (1) shall not be earlier than 150 days before and not later than 30 days before the expiration of the term of office of the last holder of that office.

(4) Where a vacancy occurs more than three months before the day the Area Council stands dissolved there shall be a bye-election to fill the vacancy not later than 30 days from the date the vacancy occurred.

(5) Voting shall be by open-secret ballot.

(2) If after the expiration of time for the delivery of nomination papers and the withdrawal of candidates for election of Councillors under this section more than one candidate remains duly nominated, a poll shall be taken in accordance with the provisions of this Act.

(3) Where at the close of nomination for election to the office of Chairman, only one candidate—

(a) has been nominated ; or

(b) remains nominated by reason of the disqualification, withdrawal, incapacitation, disappearance, or death of the other candidate, the Commission shall extend the time for nomination by seven days :

Provided that where after the extension, only one candidate remains validly nominated there shall be no further extension.

(a) a majority of YES votes over NO votes cast at the election ; and

(b) not less than one-third of the votes cast at the election in each of at least two-thirds of all the wards in the Area Council :

Provided that where the only candidate fails to be elected in accordance with this subsection then there shall be fresh nomination.

(2) A candidate for an election to the office of the Chairman shall be deemed to have been elected where there being only two candidates for the election he has—

(a) a majority of the votes cast at the election ; and

(b) not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the wards in the Area Council, as the case may

(3) If no candidate is duly elected under subsection (2), the Commission shall within 14 days conduct a second election between the two candidates, and the candidate who scored the majority of votes cast at the election shall be deemed duly elected at the election.

(4) A candidate for an election to the office of Chairman shall be deemed to have been duly elected where, there being more than two candidates for the election, he or she has—

(a) the highest number of votes cast at the election ; and

(b) not less than one-quarter of the votes cast at the election in each of at least two-thirds of all wards in the Area Council, as the case may be.

(5) If no candidate is duly elected in accordance with subsection (4), there shall be a second election in accordance with subsection (6) at which the only candidates shall be—

(a) the candidate who scored the highest number of votes at the election held under subsection (4) ; and

(b) one among the remaining candidates who has the majority of votes in the highest number of wards so however that where there are more than one candidate, the one among them with the highest total number of votes cast at the election shall be the second candidate for the election.

(6) In default of a candidate duly elected under the foregoing subsections, the Commission shall within 14 days of the result of the election held under the said subsections arrange for another election between the two candidates and a candidate at such an election shall be deemed to have been duly elected to the office of a Chairman of the Area Council if he or she has—

(a) a majority of the votes cast at the election ; and

(b) not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the wards in the Area Council, as the case may

(7) If no candidate is duly elected under subsection (6), arrangements shall be made within 14 days of the result of the previous election, for another election between the two candidates specified in subsection (6), and a candidate at this last election shall be deemed duly elected to the office of Chairman of the Area Council if he scores a simple majority of votes cast at the election.

(2) Where the Vice-Chairman is appointed from among the Councilors as the new Vice-Chairman, the Commission shall conduct a bye-election to fill the vacant seat created in the Ward from which the new Vice-Chairman has been appointed.

(3) Where the persons duly elected as Chairman and Vice-Chairman of an Area Council die before taking and subscribing the Oath of Allegiance and Oath of Office during which period the Area Council has not been inaugurated the Commission shall within 21 days conduct an election to fill the vacancies.

(4) If, after the commencement of poll and before the announcement of the final result and declaration of a winner, a nominated candidate dies—

(a) the Commission shall, being satisfied of the fact of the death, suspend the election for a period not exceeding 21 days ; and

(b) in the case of election into a legislative House, the election shall start afresh and the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh primary within 14 days of the death of its candidate and submit the name of a new candidate to the Commission to replace the dead candidate :

Provided that in the case of Area Council Chairmanship election, the running mate of the deceased candidate shall continue with the election and nominate a new running mate.

• Chairman took the oath of office ; or
• legislative arm of the Council was inaugurated, whichever is earlier.

(2) In the determination of the four years term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in office before the date the election was annulled, shall be taken into account.

(a) on the date given in his or her letter of resignation ;

(b) if he or she takes up full time paid employment at any level of the government or in the private sector ;

(c) if he or she becomes a member of a secret society or does any other thing disqualifying him or her from holding the office of Chairman or Councillor under this Act ; or

(d) if the Leader of the Area Legislative Council receives a certificate under the hand of the Commission stating that the provisions of section 113 of this Act have been complied with in respect of the recall of that member

(2) The Leader of the Area Legislative Council shall give effect to subsection (1), so that the Leader shall first present evidence satisfactory to the Area Council that any of the provisions of that subsection has become applicable in respect of that member.

(2) Whenever a notice of any allegation of gross misconduct in writing signed by not less than one-third of the members of the Area Legislative Council stating that the holder of the office of Chairman or Vice-Chairman is guilty of misconduct in the performance of the functions of his office, detailed particulars shall be specified and presented to the Speaker of the Area Legislative Council.

(3) The Leader of the Area Legislative Council shall, within seven days of the notice, cause a copy of the notice to be served on the holder of the office and each member of the Area Legislative Council and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the Area Legislative Council

(4) Within 14 days of the presentation of the notice, whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice, the Area Legislative Council, shall resolve by motion without any debate whether or not the allegation shall be investigated.

(5) A motion of the Area Legislative Council that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-thirds majority of all the members of the Area Legislative Council.

(6) Within seven days of the passing of a motion under subsection (4), the Leader of the Area Legislative Council shall inform the Chief Judge of the Federal Capital Territory, Abuja, who shall appoint a panel of seven persons who, in the opinion of the Chief Judge, are of unquestionable integrity not being members of —

(a) any public or civil service ;

(b) a legislative house ; or

(c) a political party, to investigate the allegation as provided in this section.

(7) The holder of an office whose conduct is being investigated under this section shall have the right to defend his or herself in person or be represented before the panel by a legal practitioner of his or her own choice.

(8) A panel appointed under this section shall—

(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by an Act of the National Assembly ; and

(b) within three months of its appointment, report its findings to the Area Legislative Council.

(9) Where the panel reports to the Area Legislative Council that the allegation has not been proven, no further proceedings shall be taken in respect of the matter.

(10) Where the report of the panel is that the allegation against the holder of the office has been proved, then within 14 days of the receipt of the report, the Area Legislative Council shall consider the report and if by a resolution of the Area Legislative Council supported by not less than two- thirds majority of all its members the report of the panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

(a) by resolution passed by two-thirds majority of all members of the Executive Council of the Area Council, it is declared that the Chairman or Vice-Chairman is incapable of discharging the functions of his or her office ; and

(b) the declaration in paragraph (a) is verified, after such medical examination panel established under subsection (4) in its report to the Speaker of the Area Legislative Council.

(2) Where the medical panel certifies in its report that, in its opinion, the Chairman or Vice-Chairman is suffering from such infirmity of body or mind as renders him permanently incapable of performing the functions of his office, a notice signed by the Speaker of the Area Legislative Council shall be published in the Official Gazette of the Area Council.

(3) The Chairman or Vice-Chairman shall cease to hold office as from the date of publication of the notice of the medical report under subsection (2).

(4) The medical panel to which this section relates shall be appointed by the Speaker of the Area Legislative Council and shall consist of five medical practitioners in Nigeria—

(a) one of whom shall be the personal physician of the holder of the office concerned ; and

(b) four other medical practitioners who have, in the opinion of the Speaker of the Area Legislative Council, attained a high degree of eminence in the field of medicine relative to the nature of examination to be conducted in accordance with the provisions of this section.

(5) In this section, the reference to “Executive Council of the Area Council” is a reference to the body of Supervisory Councilors of the Area Council, established by the Chairman and charged with such responsibility for the functions of government as the Chairman may direct.

112. —(1) The Vice Chairman of an Area Council shall hold the office of the Chairman of the Area Council if the office of the Chairman becomes vacant by reason of death, resignation, permanent incapacity or removal of the Chairman from office for any other reason in accordance with section 110 or 111 of this Act

(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) during a period when the office of Vice-Chairman of the Area Council is also vacant, the Speaker of the Area Legislative Council shall hold office of the Chairman of the Area Council for a term of not less than three months, during which there shall be an election of a new Chairman of the Area Council who shall hold office for the unexpired term of office of the last holder of the office.

(3) Where the office of the Vice-Chairman becomes vacant—

(a) by reason of death, resignation, permanent incapacity or removal in accordance with section 110 or 111 of this Act ;

(b) by his assumption of the office of Chairman of an Area Council in accordance with subsection (1) ; or

(c) for any reason, the Chairman shall nominate and, with the approval of the legislative arm of the Area Council, appoint a new Vice-Chairman.

(a) there is presented to the Chairman of the Commission a petition in that behalf signed by not less than one-half of the persons registered to vote in that member’s constituency alleging their loss of confidence in that member and which signatures are duly verified by the Independent National Electoral Commission ; and

(b) the petition is thereafter approved in a referendum conducted by the Commission within 90 days of the date of the receipt of the petition by a simple majority of the votes of the persons registered to vote in that member’s constituency.

115. —(1) A person who—

(a) forges any nomination paper or result form,

(b) willfully defaces or destroys any nomination paper or result form,

(c) delivers to an electoral officer any nomination paper or result form knowing it to be forged,

(d) signs a nomination paper or result form as a candidate in more than one constituency at the same election,

(e) forges any ballot paper or official mark on any ballot paper or any certificate of return or result form,

(f ) willfully destroys any ballot paper or official mark on any ballot paper or any certificate of return or result form,

(g) without authority gives a ballot paper or result form to any person,

(h) willfully places in any ballot box any unauthorised paper or result form,

(i) willfully removes from a polling station any ballot paper or result form whether or not the ballot paper or result form was issued to him or her in that polling station,

(j) without authority destroys or in any other manner interferes with a ballot box or its contents or any ballot paper or result form then in use or likely to be used for the purpose of an election,

(k) signs a nomination paper consenting to be a candidate at an election knowing that he or she is ineligible to be a candidate at that election,

commits an offence and is liable on conviction to a maximum term of imprisonment for two years.

(2) A person who—

(a) without proper authority prints a ballot paper or what purports to be or is capable of being used as a ballot paper or result form at an election,

(b) being authorised by the Commission to print ballot papers or result form, prints more than the number or quantity the Commission authorised,

(c) without authority, is found in possession of a ballot paper or result form when he or she is not in the process of voting and at a time when the election for which the ballot paper or result form is intended, is not yet completed,

(d) manufactures, constructs, imports into Nigeria, has in his or her possession, supplies to any election official or uses for the purpose of an election, or causes to be manufactured, constructed or imported into Nigeria, supplies to any election official for use for the purpose of any election, any ballot box including any compartment, appliance, voting device or mechanism or by which a ballot paper or result form may or could be secretly placed or stored in, or having been deposited during polling may be secretly diverted, misplaced or manipulated,

commits an offence and is liable on conviction to a maximum fine of N50,000,000 or imprisonment for a term not less than 10 years or both.

(3) An attempt to commit any offence under this section shall be punishable in the same manner as the offence itself.

116. Any person who, at a political meeting —

(a) acts or incites another to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was convened, or

(b) has in his possession an offensive weapon or missiles,commits an offence and is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both.

117. Any person who—

(a) being entitled to a voters card, gives it to some other person for use at an election other than an officer appointed and acting in the course of his or her duty under this Act,

(b) not being an officer acting in the course of his or her duty under this Act, receives any voters card in the name of some other person or persons for use at an election uses it fraudulently,

(c) without lawful excuse has in his possession more than one voters card, or

(d) buys, sells, procures or deals, with a voters card otherwise than as provided in this Act, commits an offence and is liable on conviction to a maximum fine of N1,000,000 or imprisonment for a term of 12 months or both.

118. —(1) No person shall provide for the purpose of conveying any other person to a registration office or to a polling unit any government vehicle or boat, or any vehicle or boat belonging to a public corporation except in respect of a person who is ordinarily entitled to use such vehicle or boat and in emergency in respect of an electoral officer.

(2) Any person who contravenes the provisions of this section, commits an offence and is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of six months or both.

119. —(1) Any person who—

(a) applies to be included in any list of voters in the name of some other person, whether such name is that of a person living or dead or of a fictitious person ;

(b) having once to his or her knowledge been improperly included in a list of voters under this Act as a voter entitled to vote at any election, applies, except as authorised by this Act, to be included in any other list of voters prepared for any constituency as a voter at an election ;

(c) applies for a ballot paper in the name of some other person, whether such name is that of a person living or dead or of a fictitious person ;

(d) having voted once at an election applies at the same election for another ballot paper ;

(e) votes or attempts to vote at an election knowing that he or she is not qualified to vote at the election ; or

(f ) induces or procures any other person to vote at an election knowing that such other person is not qualified to vote at the election,

commits an offence and is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both.

(2) Any person who commits the offence of impersonation or who aids, abets, counsels or procures the commission of that offence, is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both.

120. —(1) Any officer appointed for the purposes of this Act, who without lawful excuse commits any act or omits to act in breach of his or her official duty commits an offence and is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both.

(2) Any polling official who fails to report promptly at his or her polling unit on an election day without lawful excuse commits an offence of dereliction of duty and is liable on conviction to maximum fine of N500,000 or imprisonment for a term of 12 months or both.

(3) Any polling agent, political party or party agent who conspires to make false declaration of result of an election commits an offence and is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both

(4) Any person who announces or publishes an election result knowing same to be false or which is at variance with the signed certificate of return commits and offence and is liable on conviction to imprisonment for a term of 36 months.

(5) Any returning officer or collation officer who delivers or causes to be delivered a false certificate of return knowing same to be false, commits an offence and is liable on conviction to imprisonment for a maximum term of three years without an option of fine.

(6) Any person who delivers or causes to be delivered a false certificate of return knowing same to be false to any news media commits an offence and is liable on conviction to imprisonment for a term of three years.

121. —(1) Any person who does any of the following—

(a) directly or indirectly, by his or herself or by any other person on his or her behalf, corruptly makes any gift, loan, offer, promise, procurement or agreement to or for any person, in order to induce such person to procure or to endeavour to procure the return of any person as a member of a legislative house or to an elective office or the vote of any voter at any election ;

(b) upon or in consequence of any gift, loan, offer, promise, procurement or agreement corruptly procures, or engages or promises or endeavours to procure, the return of any person as a member of a legislative house or to an elective office or the vote of any voter at any election ;

(c) advances or pays or causes to be paid any money to or for the use of any other person, with the intent that such money or any part thereof shall be expended in bribery at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election ;

(d) after any election directly, or indirectly, by his or herself, or by any other person on his or her behalf receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting or having induced any candidate to refrain from canvassing for votes for his or herself at any such election,

commits an offence and is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both.

(2) A voter commits an offence of bribery where before or during an election directly or indirectly by his or herself or by any other person on his or her behalf, receives, agrees or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for his or herself, or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any such election,

(3) Nothing in this section shall extend or apply to money paid or agreed to be paid for or on account of any lawful expenses bona fide incurred at or concerning any election.

(4) Any person who commits the offence of bribery is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both

(5) Any person who conspires, aids or abets any other person to commit any of the offences under this Part of this Act commits the same offence and is liable to the same punishment

(6) For the purpose of this Act, a candidate shall be deemed to have committed an offence if it was committed with his or her knowledge and consent.

122.—(1) Every person in attendance at a polling unit including every officer charged with the conduct of an election and his or her assistants and every polling agent and candidate in attendance at a polling station or at the collation centre, as the case may be, shall maintain and aid in maintaining the secrecy of the voting.

(2) No person in attendance at a polling booth under this section shall, except for some purpose authorised by law, communicate to any person information as to the name or number on the register of any voter who has or has not voted at the place of voting.

(3) No person shall—

(a) interfere with a voter casting his or her vote, or by any other means obtain or attempt to obtain in a polling unit, information as to the candidate for whom a voter in that place is about to vote for or has voted for ; or

(b) communicate at any time to any other person information obtained in a polling unit as to the candidate to whom a voter is about to vote or has voted for

(4) Any person acting contrary to the provisions of this section commits an offence and is liable on conviction to a maximum fine of N100,000 or imprisonment for a term of three months or both.

123. Any person who—

(a) votes at an election or induces or procures any person to vote at an election, knowing that he or she or such person is prohibited from voting at the election ;

(b) before or during an election, publishes any statement of the withdrawal of a candidate at such election knowing it to be false or reckless as to its truth or falsity ; or

(c) before or during an election publishes any statement as to the personal character or conduct of a candidate calculated to prejudice the chance of election of the candidate or to promote or procure the election of another candidate and such statement is false and was published without reasonable grounds for belief by the person publishing it that the statement is true, commits, an offence and is liable on conviction to a maximum fine of N100,000 or imprisonment for a term of six months or both.

124. —(1) Any person who knowingly votes or attempts to vote in a constituency in respect of which his or her name is not on the register of voters commits an offence and is liable on conviction to a maximum fine of N100,000 or imprisonment for a term of six months or both.

(2) Any person who knowingly brings into a polling unit during an election a voter’s card issued to another person commits an offence and is liable on conviction to a fine of   N100,000 or imprisonment for a term of six months or both.

125. Any person who at an election acts or incites others to act in a disorderly manner commits an offence and is liable on conviction to a maximum fine of N500,000 or imprisonment for a term of 12 months or both.

126. —(1) No person shall do any of the following acts or things in a polling unit or within a distance of 300 metres of a polling unit on the date on which an election is held—

(a) canvass for votes ;

(b) solicit for the vote of any voter ;

(c) persuade any voter not to vote for any particular candidate ;

(d) persuade any voter not to vote at the election ;

(e) shout slogans concerning the election ;

(f ) be in possession of any offensive weapon or wear any dress or have any facial or other decoration which in any event is calculated to intimidate voters ;

(g) exhibit, wear or tender any notice, symbol, photograph or party card referring to the election ;

(h) use any vehicle bearing the colour or symbol of a political party by any means whatsoever ;

(i) loiter without lawful excuse after voting or after being refused to vote ;

(j) snatch or destroy any election materials ; and

(k) blare siren.

(2) No person shall within the vicinity of a polling unit or collation centre on the day of which an election is held—

(a) convene, hold or attend any public meeting during the hours of poll as may be prescribed by the Commission ;

(b) unless appointed under this Act to make official announcements, operate any megaphone, amplifier or public address apparatus ; or

(c) wear or carry any badge, poster, banner, flag or symbol relating to a political party or to the election

(3) A person who contravenes any of the provisions of this section commits an offence and is liable on conviction to a fine of N100,000 or imprisonment for a term of six months for every such offence

(4) Any person who snatches or destroys any election material or any election device, commits an offence and is liable on conviction to imprisonment for a term of 24 months.

127. A person who—

(a) corruptly by his or herself or by any other person at any time after the date of an election has been announced, directly or indirectly gives or provides or pays money to or for any person for the purpose of corruptly influencing that person or any other person to vote or refrain from voting at such election, or on account of such person or any other person having voted or refrained from voting at such election ; or

(b) being a voter, corruptly accepts or takes money or any other inducement during any of the period stated in paragraph (a), commits an offence and is liable on conviction to a fine of N100,000 or imprisonment for a term of 12 months or both.

128. A person who—

(a) directly or indirectly, by his or herself or by another person on his or her behalf, makes use of or threatens to make use of any force, violence or restrain ;

(b) inflicts or threatens to inflict by his or herself or by any other person, any minor or serious injury, damage, harm or loss on or against a person in order to induce or compel that person to vote or refrain from voting, or on account of such person having voted or refrained from voting ;

(c) by abduction, duress, or a fraudulent device or contrivance, impedes or prevents the free use of the vote by a voter or thereby compels, induces, or prevails on a voter to give or refrain from giving his vote ; or

(d) prevents any political aspirant from free use of the media, designated vehicles, mobilisation of political support and campaign at an election,

commits an offence and is liable on conviction to a fine of N1,000,000 or imprisonment for a term of three years.

129. The offences referred to in this Act shall apply to recall of a member of a Legislative House and a member of an Area Council mutatis mutandis

131.—(1) There is established for the Federal Capital Territory one or more Election Tribunal (in this Act referred to as “the Area Council Election Tribunal”) which shall, to the exclusion of any other court or tribunal, have original jurisdiction to hear and determine any question as to whether—

(a) any person has been validly elected to the office of Chairman, Vice- Chairman or Councilor ;

(b) the term of office of any person elected to the office of Chairman, Vice-Chairman or Councilor ;

(c) the seat of a member of an Area Council has become vacant ;

(d) a question or petition brought before the Area Council Election Tribunal has been properly or improperly brought

(2) An Area Council Election Tribunal shall consist of a Chairman and two other members.

(3) The Chairman shall be a Chief Magistrate and the two other members shall be appointed from among Magistrates of the judiciary of the Federal Capital Territory, Abuja and legal practitioners of at least 10 years post-call experience, non-legal practitioners of unquestionable integrity or other members of the judiciary of the Federal Capital Territory not below the rank of a Magistrate.

(4) The Chairman and other members of the Area Council Election Tribunal shall be appointed by the Chief Judge of the High Court of the Federal Capital Territory, Abuja.

(5) The Area Council Election Tribunal shall—

(a) be constituted not later than 21 days before the election ; and

(b) when constituted, open their registries for business not later than eight days after the

(6) An Area Council Election Tribunal shall deliver its judgment in writing within 90 days from the date of filing of the petition.

132. —(1) There is established for the Federal Capital Territory the Area Council Election Appeal Tribunal which shall to the exclusion of any other court or tribunal hear and determine appeals arising from the decision of the Area Council Election Petition Tribunal.

(2) The decision of the Area Council Election Appeal Tribunal in respect of Area Council elections shall be final.

(3) An Area Council Election Appeal Tribunal shall consist of a Chairman and two other members and the Chairman shall be a Judge of the High Court and the two other members shall be appointed from among Judges of the High Court of the Federal Capital Territory, Abuja, Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, Judges of the Customary Court of Appeal or other members of the Judiciary of the Federal Capital Territory, Abuja, not below the rank of a Chief Magistrate.

(4) The Chairman and other members of the Area Council Election Appeal Tribunal shall be appointed by the Chief Judge of the High Court of the Federal Capital Territory, Abuja.

(5) The Area Council Election Appeal Tribunal shall—

(a) be constituted not later than 14 days before the election ; and

(b) when constituted, open their registries for business not later than 30 days after the election.

(6) The quorum of the Area Council Election Appeal Tribunal when hearing any appeal from decisions of the Area Council Election Tribunal shall be all three members of the Appeal Tribunal.

(7) An election petition shall be filed within 21 days after the date of the declaration of result of the elections.

(8) The Tribunal shall deliver a judgment in writing within 180 days from the date of the filing of the petition.

(9) An appeal from a decision of an Area Council Election Tribunal shall be heard and disposed of within 60 days from the date of the delivery of judgment of the Tribunal.

(10) The Court in all appeals from Election Tribunal may adopt the practice of first giving its decision and reserving the reason to a later date.

133. —(1) An election petition may be presented by one or more of the following persons—

(a) a candidate in an election ; or

(b) a political party which participated in the

(2) A person whose election is complained of is, in this Act, referred to as the respondent 

(3) If the petitioner complains of the conduct of an electoral officer, a presiding or returning officer, it shall not be necessary to join such officers or persons notwithstanding the nature of the complaint and the Commission shall, in this instance, be—

(a) made a respondent ; and

(b) deemed to be defending the petition for itself and on behalf of its officers or such other persons.

134. —(1) An election may be questioned on any of the following grounds—

(a) a person whose election is questioned was, at the time of the election, not qualified to contest the election ;

(b) the election was invalid by reason of corrupt practices or non- compliance with the provisions of this Act ; or

(c) the respondent was not duly elected by majority of lawful votes cast at the election.

(2) An act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election.

(3) With respect to subsection (1) (a), a person is deemed to be qualified for an elective office and his election shall not be questioned on grounds of qualification if, with respect to the particular election in question, he meets the applicable requirements of sections 65, 106, 131 or 177 of the Constitution and he is not, as may be applicable, in breach of sections 66, 107, 137 or 182 of the Constitution.

135. —(1) An election shall not be liable to be invalidated by reason of non-compliance with the provisions of this Act if it appears to the Election Tribunal or Court that the election was conducted substantially in accordance with the principles of this Act and that the non-compliance did not affect substantially the result of the election.

(2) An election shall not be liable to be questioned by reason of a defect in the title or want of title of the person conducting the election or acting in the office provided such a person has the right or authority of the Commission to conduct the election.

(3) No election shall be questioned or cancelled by reason that there is a mistake, conflict or inconsistency in the date contained in the result of such election signed by a returning officer or any other officer of the Commission.

136. —(1) Subject to subsections (2) and (3), if the Tribunal or the Court as the case may be, determines that a candidate who was returned as elected was not validly elected on any ground, the Tribunal or Court shall nullify the election and order the Commission to conduct a fresh election not later than 90 days after the—

(a) decision if an appeal is not filed against the decision ; or

(b) nullification of the election by the court having final appellate jurisdiction in respect of the said election.

(2) Where an election tribunal or court nullifies an election on the ground that the person who obtained the highest votes at the election was not qualified to contest the election, the election tribunal or court shall declare the person with the second highest number of valid votes cast at the election who satisfies the requirements of the Constitution and this Act as duly elected :

Provided that the person with the second highest number of valid votes cast at the election remains a member of the political party on which platform he contested the election otherwise, the candidate with the next highest number of votes in the election and who satisfies the same conditions shall be declared the winner of the election.

(3) If the tribunal or the court determines that a candidate who was returned as elected was not validly elected on the ground that he did not score the majority of valid votes cast at the election, the election tribunal or the Court, as the case may be, shall declare as elected the candidate who scored the highest number of valid votes cast at the election and satisfied the requirements of the Constitution and this Act.

(4) All objections filed in an election petition shall be determined at the time of final judgment.

137. It shall not be necessary for a party who alleges non-compliance with the provisions of this Act for the conduct of elections to call oral evidence if originals or certified true copies manifestly disclose the non-compliance alleged.

138. —(1) Where the election is nullified by the Court and notice of appeal against the decision is given within the stipulated period for appeal, the elected candidate shall, notwithstanding the contrary decision of the Court, remain in office and enjoy all the benefits that accrued to the office pending the determination of the appeal and shall not be sanctioned for the benefits derived while in office.

(2) If the Election Tribunal or the Court, as the case maybe, determines that a candidate returned as elected was not validly elected, the candidate returned as elected shall, notwithstanding the contrary decision of the Election Tribunal or the Court, remain in office pending the expiration of the period of 21 days within which an appeal may be brought.

139. —(1) Where the Commission has been joined as a respondent in an election petition, a legal officer of the Commission or a legal practitioner engaged by the Commission shall represent the Commission at the Tribunal or Court.

(2) A private legal practitioner or legal officer engaged by the Commission under subsection (1) shall be entitled to be paid such professional fees or honorarium, as the case may be, to be determined by the Commission.

140. —(1) The rules of procedure to be adopted for election petitions and appeals arising therefrom shall be as set out in the First Schedule to this Act.

(2) The President of the Court of Appeal may issue practice directions to the—

• Court of Appeal, in respect of pre-election and post-election appeals ; and
• Election Tribunal, in respect of post-election matters

142. —(1) The Commission may prescribe a scale of —

(a) remuneration for officers appointed under this Act for the conduct of elections ; and

(b) maximum charges in respect of other expenses incurred by an electoral officer, a presiding officer or a returning officer in connection with an election, and may revise the scale as it thinks fit or expedient.

(2) An electoral officer, presiding officer, or returning officer shall, in addition to any remuneration prescribed under subsection (1) (a), be entitled to such sums in respect of expenses not exceeding the prescribed scale, in connection with the conduct of an election as are reasonable.

(3) The Commission may pay such honoraria as it may determine to all other persons and officers who may be involved in one way or the other in conducting an election under this Act, or in carrying out any task in connection with an election or election petition arising therefrom.

(4) All fees and other remunerations approved under subsection (1) shall be paid from the Fund established under section 3 (1) of this Act and shall be paid in such manner as the Commission deems fit.

143. No 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.

144. The Commission shall consider any recommendation made to it by a tribunal with respect to the prosecution by it of any person for an offence disclosed in any election petition.

145. —(1) An offence committed under this Act shall be triable in a Magistrate Court or a High Court of a State in which the offence is committed, or the Federal Capital Territory, Abuja

(2) A prosecution under this Act shall be undertaken by legal officers of the Commission or any legal practitioner appointed by it.

146.—(1) An order for inspection of a polling document or any other document or packet in the custody of the Chief National Electoral Commissioner or any other officer of the Commission may be made by an Election Tribunal or a Court of competent jurisdiction if it is satisfied that the order required is for the purpose of instituting, maintaining or defending an election petition.

(2) A document other than a document referred to in subsection (1) relating to an election and which is retained by the Chief National Electoral Commissioner or any other officer of the Commission in accordance with this section shall be open for inspection on an order made by the Election Tribunal or the Court in exercise of its powers to compel the production of documents in legal proceedings.

(3) Where there is a breach of an order of the Election Tribunal or the Court directed at the Commission, particularly order to produce, inspect or take copies of electoral documents or materials, the Commission shall first be summoned to show cause why it cannot comply with the order to establish disobedience before it can be deemed to have disobeyed the order.

(4) Such disobedience where established, shall attract court sanctions, which shall include the committal by the Tribunal or Court of the Commission’s official to whom the order is directed to summary conviction to imprisonment for at least two years, without an option of fine.

147. Without prejudice to other provisions of this Act, the Commission may delegate any of its powers and functions to any National Electoral Commissioner, Resident Electoral Commissioner, electoral officer, any other officer of the Commission or any other officer appointed under the provision of this Act subject to any conditions or limitations which it may consider necessary or expedient to impose and no such delegation shall be construed to limit the right of the Commission to exercise such power, itself.

148. The Commission may, subject to the provisions of this Act, issue regulations, guidelines, or manuals for the purpose of giving effect to the provisions of this Act and for its administration.

149. Notwithstanding any other provisions of this Act, any defect or error arising from any actions taken by an official of the Commission in relation to any notice, form or document made or given or other things done by the official in pursuance of the provisions of the Constitution or of this Act, or any rules made thereunder remain valid, unless otherwise challenged and declared invalid by a competent court of law or tribunal.

150. —(1) In furtherance of the provision of paragraph 11 of Part II of the Second Schedule to the Constitution, the procedure regulating elections conducted by the Commission to Area Councils in the Federal Capital Territory under this Act shall be the same and apply with equal force as the procedure regulating elections conducted to Local Government Areas by any State Commission.

(2) For the purpose of subsection (1), a State Commission shall be deemed to have and exercise the powers of the Commission in respect of the procedure regulating elections to Area Councils under this Act.

(3) Any election to a Local Government Area that is conducted by a State Commission in violation of subsection (1) shall be invalid.

(4) Any official of a State Commission who contravenes the provision of subsection (1) commits an offence and shall be subject to prosecution as if he were an official of the Commission who committed the same offence under this Act.

151. The Electoral Act No. 6, 2010 is repealed.

152. In this Act—

“Area Council” means Area Councils recognised and existing by virtue of section 3 (6) of the Constitution and as set out in Part II of the First Schedule thereof and any additional Area Council provided by an Act of the National Assembly in accordance with the provisions of the Constitution ;

“appointment” includes appointment to an office, confirmation of appointment, promotion or transfer ;

“aspirant” means a person who aspires or seeks or strives to contest an election to a political office ;

“association” means a body of persons (corporate or otherwise) who agree to act together for any common purpose and includes an association formed for any ethnic, social, cultural, occupational or religious purpose ;

“Attorney-General of the Federation” means the Chief Law Officer of the Federation ;

“Area Councils” means Area Councils in the Federal Capital Territory ;

“authority” includes government or government agency and corporate bodies ;

“campaigning in public” referred to in section 95 means the campaign that commences after the publication of the notice of election by the Commission under section 28 of this Act ;

“candidate” means a person who has secured the nomination of a political party to contest an election for any elective office ;

“Chief Electoral Commissioner” means the Chairman of the Independent National Electoral Commission ;

“civil servant” means a person employed in the civil service of the Federation or of a State or Local government as contained in the Constitution of the Federal Republic of Nigeria, 1999 ;

“Clerk” means the Clerk of the National Assembly, Clerk of the State House of Assembly, and Clerk of the Legislative House of the Local Government or Area Council or any person acting in that capacity ;

“Commission” means the Independent National Electoral Commission established by the Constitution ;

“Constitution” means the Constitution of the Federal Republic of Nigeria 1999 ;

“conviction” means a pronouncement by a court or tribunal that a person is guilty of an offence under this Act or under the provisions of the Constitution whether or not any punishment is imposed on the person as a result of the conviction and includes admission by a person in writing, verbally, or by conduct that he is guilty, or has committed or aided and abetted the commission of the offence or crime concerned ;

“conduct” referred to in the latter is, for instance, where a person reimburses the sums of money or any parts of it obtained through corrupt practice in order to avoid prosecution ;

“decision” means in relation to court or tribunal, any determination of that court or tribunal and includes a judgment, decree, conviction, sentence, order or recommendation ;

“direct primaries” means an election at which candidates for elective office are chosen by direct vote of political party members instead of by delegates at a convention or congress ;

“election” means any election held under this Act and includes a referendum ;

“electoral officer” means a staff of the Commission who is the head of the Commission’s office at a Local Government Area or Area Council level ;

“electronic format” refers to the electronic version of the Register of Voters or National Electronic Register of Election Results, as the case may be, created, recorded, transmitted or stored in digital form or in other intangible forms by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means and which may be converted to or reproduced in a paper document ;

“Federation” means the Federal Republic of Nigeria ; “function” includes powers and duties ;

“general election” means an election held in the Federation at large which may be at all levels, and at regular intervals to select officers to serve after the expiration of the full terms of their predecessors ;

“Government” includes the Government of the Federation, a State, Local Government Area or Area Council, or any person or organ exercising power or authority on its behalf ;

“House” or “Legislative House” means the Senate, House of Representatives, House of Assembly of a State and includes the Legislative House of a Local Government Area or Area Council ;

“leader of an association” means every person holding an executive position in that association, including in particular, the Chairman, Secretary or Treasurer of the association and every member of its committee management, however described ;

“leader of a political party” means every person holding an executive position in that political party, including in particular, the Chairman, Secretary or Treasurer of the political party and every member of its committee of management, however described ;

“legal incapacity” means a person disqualified under the Constitution or thisActor any other law, rules and regulations from registering as a voter or from contesting elections ;

“Local Government” means Local Government recognised and existing by section 3(6) of the Constitution and set out in Parts I and II of the First Schedule and any additional Local Government provided for by an Act of the National Assembly in accordance with section 8 (5) of the Constitution ;

“National Assembly” means the Senate and the House of Representatives ;

“number of accredited voters” means number of intending voters accredited to vote in an election ;

“offensive weapon or missile” includes any cannon, gun, rifle, carbine, revolver, pistol or any other firearm, bow and arrow, spear, cutlass, knife, dagger, axe, cudgel, or any other thing capable of being used as an offensive weapon or missile, including teargas, acid, and any inflammable substance capable of injuring a person ;

“office” or “public office” means any of the offices the occupation to which is by election or appointment under this Act ;

“person with disability” means—

(a) a person who has received temporary or permanent Certificate of Disability to a have condition which is expected to continue permanently or for a considerable length of time which can reasonably be expected to limit the person’s functional ability substantially, but not limited to seeing, hearing, thinking, ambulating, climbing, descending, lifting, grasping, rising and includes any related function or any limitation due to weakness or significantly decreased endurance so that it cannot perform his everyday routine, leaving and working without significantly increased hardship and vulnerability to everyday obstacles and hazards ; and

(b) a person with long time physical, mental, intellectual, or sensory impairment which interaction with various barriers may hinder their full and effective participation in society ons equal basis with others ;

“person with special needs” means a person who requires assistance for disabilities that may be medical, mental, emotional, physical or psychological ;

“petition” means an election petition under this Act ;

“polling agent” means a person representing a political party or its candidate at the polling unit, ward, Local Government, Federal constituency, Senatorial district, State or Federal collation centres ;

“polling unit” means the place, enclosure, booth, shade or house at which voting takes place under this Act ;

“political party” includes any association of persons whose activities includes canvassing for votes in support of a candidate for election under this Act and registered by the Commission ;

“powers” includes functions and duties ;

“President” means the President of the Federal Republic of Nigeria ;

“Presiding Officer” means a person appointed by the Commission to be in charge of the conduct of election in a polling unit or polling station, and this shall include persons who may be under different titles but who are charged by the Commission with the same responsibilities at a polling unit or polling station as a Presiding officer ;

“primaries” or “primary election” mean intra-party election by voters of a given political party to nominate candidates for elective office in accordance with a political party’s constitution and the law ;

“Registrar” includes Chief Registrar, Deputy Chief Registrar and Registrar of other grades of the Supreme Court, Court of Appeal, Federal High Court and the High Court of a State ;

“Registration Officer” includes supervisory assistant registration officer and assistant registration officer ;

“Resident Electoral Commissioner” means the Commissioner deployed for the time being to a State ;

“return” means the declaration by a returning officer of a candidate in an election under this Act as being the winner of that election ;

“returning officer” means a person appointed by the Commission to be in charge of the conduct of election in a constituency, and this includes persons who may be under different titles but who are charged by the Commission with the same responsibilities in a constituency as a Returning Officer ;

“school certificate” has the meaning as defined in the Constitution ; “secret society” has the meaning as defined in the Constitution ; “State” when used otherwise than in reference to one of the component parts of the Federal Republic of Nigeria shall include government of a State and all references in this Act to a State in the Federation shall, where appropriate, be deemed to include references to the Federal Capital Territory ;

“State Commission” means State Independent Electoral Commission created under section 197 of the Constitution ;

“vulnerable person” means a woman, child or person living under extreme poverty, person with disability, the sick and the elderly, refugee, internally displaced person, migrant, person in detention or ethnic and religious minority groups ; and

“ward collation officer” means registration area Collation Officer.

153. This Act may be cited as the Electoral Act, 2022.

OATH/AFFIRMATION OF NEUTRALITY

FORMS