Section 1-24 of the Electoral Act 2010
Section 1 to 24 of the Electoral Act 2010 is under Part I (ESTABLISHMENT AND
FUNCTIONS ETC, OF INDEPENDENT NATIONAL ELECTORAL COMMISSION), Part II (STAFF OF THE COMMISSION), and Part III (NATIONAL REGISTER VOTER AND VOTERS’ REGISTRATION) of the Act.
Section 1 of the Electoral Act 2010
The Independent National Electoral Commission
The Independent National Electoral Commission as
established by S.153 of the Constitution-
(a) shall be a body corporate with perpetual succession;
and
(b) may sue or be sued in its corporate name.
Section 2 of the Electoral Act 2010
Functions of the Commission
In addition to the functions conferred on it by the
Constitution, the
Commission shall have power to-
(a) conduct voter and civic education;
(b) promote knowledge of sound democratic election
processes; and
(c) conduct any referendum required to be conducted
pursuant to the provision of the 1999 Constitution or
any other law or Act of the National Assembly.
Section 3 of the Electoral Act 2010
Establishment of the Independent National Electoral Commission Fund
(1) There shall be established for the Commission a
fund to be known as Independent National Electoral
Commission Fund.
(2) There shall be paid into the Fund established ill
pursuance to subsection (1) of this Section-
(a) such sums and payments available to the
Commission for carrying out its functions and
purposes under the Constitution and this Act and all
other assets from time to time accruing to the
Commission;
(b) such sums as may, from time to time, be credited to
the Fund by
(c) aids, grants that may, from time to time accrue to
the Commission in order to carry out its functions.
(3) Disbursements from the Fund shall be made in
accordance with rules set out by the Commission.
Section 4 of the Electoral Act 2010
Expenditure of the Commission
(1) The Commission may, from time to time, apply the
proceeds of the Fund established under section 3(1) of this
Act to- (a) defray the cost of administration of the
Commission;
(b) reimburse members or members of any Committee
set up by the Commission for such expenses as may
be expressly authorized by the Commission in
accordance with the rates approved by it;
(c) the payment of the salaries, fees or other
remuneration or allowances and pensions,
superannuation allowance and gratuities payable to
the officers and servants of the Commission, so
however that;
(d) the maintenance of any property vested in the
Commission; and
(e) and in connection with all or any of its functions under
this Act.
(2) No payment of any kind under subsection (1) (c) of
this section (except payment as may be expressly
authorized) shall be made to any person who
is in receipt of emoluments from the Government of
the Federation or the Government of a State.
Section 5 of the Electoral Act 2010
Annual estimates and accounts
(1) The Commission shall submit to the Ministry of
Finance not later than 31st August in each financial
year an estimate of its expenditure and income
(including payments to the Independent National
Electoral Commission) during the next succeeding
financial year.
(2) The Commission shall keep proper accounts and
records in respect of each financial year and shall
cause its accounts to be audited as soon as possible
after the end of each financial year by the Auditor
General of the Federation.
Section 6 of the Electoral Act 2010
Establishment of office in each States and Federal Capital Territory
(1) There shall be established in each State of the
Federation and Federal Capital Territory, an office of
the Commission which shall perform such functions as
may be assigned to it, from time to time, by the
Commission.
(2) A person appointed to the office of a Resident Electoral
Commissioner shall-
(a) be answerable to the Commission; and
(b) hold office for a period of five years.
(3) The Resident Electoral Commissioner appointed
pursuant to the Constitution may only be removed by
the President, acting on an address supported by twothirds
majority of the Senate praying that he be so
removed for inability to discharge the functions of the
office (whether arising from infirmity of mind or body
or any other cause) or for misconduct.
Section 7 of the Electoral Act 2010
Committees of the Commission
The Commission may appoint one or more
committees to carry out any of its functions under this
Act.
PART II – STAFF OF THE COMMISSION
Section 8 of the Electoral Act 2010
Secretary and other staff of the Commission
(1) There shall be a Secretary to the Commission
who shall(
a) be appointed by the Commission; and
(b) have such qualifications and experience to be
determined by the Commission as are appropriate for
a person required to perform the functions of his office
under this Act.
(2) Subject to the general direction of the Commission,
the Secretary shall be- (a) responsible for keeping of
proper records of the proceedings of the Commission;
(b) the head of the Commission’s secretariat and be
responsible for its administration; and
(c) responsible for the direction and control of all other
employees of the Commission with the approval of the
Commission.
(3) The Commission shall have power to appoint, dismiss
and exercise disciplinary control over its staff as may
be prescribed by this Act or any other enactment or
law.
(4) All employees of the Commission appointed under
subsection (3) of this section, excluding persons
appointed on a temporary basis for an honorarium,
shall have the same right and obligation as provided
for in the Pension Reform Act.
PART III- NATIONAL REGISTER OF VOTERS AND VOTERS’REGISTRATION.
Section 9 of the Electoral Act 2010
National Register of Voters and Voters’ Registration
(1) The Commission shall compile, maintain and
update, on a continuous basis, a National Register of
Voters, in this Act referred to as the (“Register of
Voters”) which shall include the names of all persons
entitled to vote in any Federal, State or Local
Government or Area Council elections.
(2) The Commission shall maintain as part of the National
Register of Voters a register of voters for each State
of the Federation and for the Federal Capital Territory.
(3) The Commission shall maintain as part of the National
Register of Voters for each state and Federal Capital
Territory a Register of Voters for each Local
Government or Area Council within the State and the
Federal Capital Territory.
(4) The register of voters shall contain, in respect of every
person, the particulars required in the Form
prescribed by the Commission.
(5) The registration of voters, updating and revision of the
register of voters under this section shall stop not later
than 60 days before any election covered by this Act.
(6) The registration of voters shall be at the registration
centers designated for that purpose by the
Commission and notified to the public.
Section 10 of the Electoral Act 2010
Continuous registration
(1) Without prejudice to section 10(5), there shall be
continuous registration of all persons qualified to be
registered voters.
(2) Each applicant for registration under the continuous
registration system shall appear in person at the
registration venue with any of the following
documents-
(a) birth or baptismal certificate;
(b) national passport, identity card or driver’s licence; or
(c) any other document that will prove the identity, age
and nationality of the applicant.
(3) The Commission shall, within 60 days after each year,
make available to every political party the names and
address of each person registered during that year.
(4) a general election is notified by the Commission
pursuant to section 31 of this Act, the current official
register of voters certified by the Commission
in accordance with the provision of this Act shall be
the official voters’ register for those elections.
(5) In the case of every by-election conducted under this
Act, the official voters’ register for use at such
elections shall be the existing current register relating
to the senatorial district or the constituency
concerned.
(6) As soon as claims and objections have been dealt with
or the period for making claims and objections has
expired, the supplementary list shall be included in
the revised register, which shall be certified by the
Commission as the official register of voters for the
purposes of any election conducted under this Act and
supercedes all previous registers.
Section 11 of the Electoral Act 2010
Appointment of officers
(1) For the purpose of maintaining and updating the
Voters’ Register, the Commission shall appoint such
registration, revision or update officers as it may
require, provided that such officers shall not be
members of any political party.
(2) Any person may raise an objection against any officer
during the registration or updating exercise provided
that failure to raise such objection shall not vitiate the
register.
(3) The officers appointed under subsection (1) of this
section shall exercise such functions and duties as
may be specified by the Commission, in accordance
with the provisions of this Act, and shall not be subject
to the direction or control of any person or authority
other than the Commission in the performance of their
functions and duties.
Section 12 of the Electoral Act 2010
Qualification for registration
(1) A person shall be qualified to be registered as a
voter if such a person-
(a) is a citizen of Nigeria;
(b) has attained the age of 18 years;
(c) is ordinarily resident, works in, originates from the
Local Government Area Councilor Ward covered by the
registration centre;
(d) presents himself to the registration officers of the
Commission for registration as a voter; and
(e) is not subject to any legal incapacity to vote under any
law, rule or regulation in force in Nigeria.
(2) A person shall not register in more than one
registration centre or register more than once in
the same registration centre.
(3) A person who contravenes the provisions of
subsection (2) of this section commits an offence
and is liable on conviction to a fine not exceeding
N100,000 or imprisonment for a term not
exceeding one year or both.
Section 13 of the Electoral Act 2010
Transfer of registered voters
(1) A person who before the election is resident in a
constituency other Transfer of than the one in which
he was registered may apply to the Electoral
Commissioner of the State where he is currently
resident for his name to be entered on the transferred
voters’ list for the constituency.
(2) An application under subsection (1) of this section
shall be accompanied by the applicant’s voter’s card
and shall be made not less than 30 days before the
date of an election in the constituency where the
applicant is resident.
(3) The Resident Electoral Commissioner to whom an
application is made under the provision of this section
shall cause to be entered the applicant’s name in the
transferred voters’ list if he is satisfied that the
applicant is resident in a polling area in the
constituency and is registered in another
constituency.
(4) Whenever an Electoral Officer on the direction of the
Resident Electoral Commissioner enters the name of
any person on the transferred voters’ list for his
constituency he shall-
(a) assign that person to a polling unit or a polling area in
his Constituency and indicate in the list the polling unit
to which that person is assigned;
(b) issue the person with a new voters’ card and retrieve
his previous voter’s card; and
(c) send a copy of the entry to the Electoral Officer of the
constituency where the person whose name has been
so entered was originally registered and upon receipt
of this entry, that Electoral Officer shall delete the
name from his voters’ list.
Section 14 of the Electoral Act 2010
Demand for information regarding registration
In the performance of his or her duties under this Act,
a registration officer and an update officer shall-
(a) demand from any applicant the information necessary
to enable him to ascertain whether the applicant is
qualified to be registered as a voter in accordance with
the provisions of this Act; and
(b) require any voter or applicant to complete an
application form for the purpose of the registration;
however, in the case of an illiterate or disabled person
such application form may be completed by the
registration officer on the applicant’s request.
Section 15 of the Electoral Act 2010
Power to print and issue voters register
The Commission shall cause a voters’ register for each
State to be printed and any person or political party
may obtain from the Commission, on payment of such
charges, a certified copy of any voters’ register for the
State or for a Local Government or Area Council or
registration area within it.
Section 16 of the Electoral Act 2010
Powers to print and issue voters’ card
(1) The Commission shall design, cause to be printed
and control the issuance of voters’ cards to voters
whose names appear in the register.
(2) No voter shall hold more than one valid voters’ card.
(3) Any person who contravenes subsection (2) of this
section commits an offence and is be liable on
conviction, to a fine not exceeding NI00,000 or
imprisonment not exceeding one year or both.
(4) The Commission may, whenever it considers it
necessary, replace all or any voters’ cards for the time
being held by voters.
Section 17 of the Electoral Act 2010
Custody of voters’ register
Each Electoral Officer shall take custody of the voters
register for his Local Government Area under the
general supervision of the Resident Electoral
Commissioner.
Section 18 of the Electoral Act 2010
Power to issue duplicate voters’ cards
(1) Whenever a Voter’s card is lost, destroyed,
defaced, torn or otherwise damaged, the owner of
such card shall, not less than thirty (30) days before
polling day, apply in person to the Electoral Officer or
any other officer duly authorized for that purpose by
the Resident Electoral Commissioner, stating the
circumstances of the loss, destruction, defacement or
damage.
(2) If the Electoral Officer or any other officer is satisfied
as to the circumstances of the loss, destruction,
defacement or damage of the Voters’ card, he shall
issue to the voter another copy of the voters’ original
voters’ card with the word “DUPLICATE” clearly
marked or printed on it, showing the date of issue.
(3) No person shall issue a duplicate voters’ card to any
voter on polling day or less than thirty (30) days
before polling day.
(4) Any person who contravenes subsection (3) of this
section commits an offence and is liable on conviction,
to a fine not exceeding N200,000 or imprisonment not
exceeding two years or both.
Section 19 of the Electoral Act 2010
Display of the copies of the voters’ list
(1) Subject to the provisions of section 16(1) of this
Act, the Commission shall, by notice, appoint a period
of not less than 5 days and not exceeding 14 days,
during which a copy of the voters’ register for each
Local Government, Area Councilor ward shall be
displayed for public scrutiny and during which period
any objection or complaint in relation to the names
omitted or included in the voters’ register or in relation
to any necessary correction, shall be raised or filed.
(2) During the period of the display of the Voters’ list
under this Act, any person may-
(a) raise an objection on the form prescribed by the
Commission against the inclusion in the
supplementary Voters’ register of the name of a
person on grounds that the person is not qualified to
be registered as a voter in the State, Local
Government or Area Council, Ward or Registration
Area or that the name of a deceased person is
included in the register; or
(b) make a claim on the form prescribed by the
Commission that the name of a person registered to
vote has been omitted.
(3) Any objection or claim under subsection (2) of this
section shall be addressed to the Resident Electoral
Commissioner through the Electoral Officer in charge
of the Local Government or Area Council.
Section 20 of the Electoral Act 2010
Time for publication of supplementary voters’ register
The supplementary voters’ list shall be integrated
with the voters’ register and published not later
than 30 days before a general election.
Section 21 of the Electoral Act 2010
Revision officer for hearing of claims, etc.
(1) The Commission may appoint as a Revision
Officer any person to hear and determine claims
for and objection to any entry in or omission from
the preliminary list of voters and may appoint
such number of other persons as it deems
necessary to assist the Revision Officer.
(2) Any person dissatisfied with the determination by a
revision officer or person or persons assisting a
revision officer of his claims or objection as mentioned
in subsection (1) of this section, shall within seven
days, appeal against the decision to the Resident
Electoral Commissioner in charge of that State whose
decision shall be final,
Section 22 of the Electoral Act 2010
Proprietary rights in the voters’ card
The proprietary rights in any voters’ card issued to any
voter shall vest in the Commission.
Section 23 of the Electoral Act 2010
Offences of buying or selling voters’ cards
(1) Any person who-
(a) is in unlawful possession of any voter’s card whether
issued in the name of any voter or not; .
(b) sells or attempts to sell or offers to sell any voter’s
card whether issued in the name of any voter or not;
or
(c) buys or offers to buy any voters’ card whether on his
own behalf or on behalf of any other person, commits
an offence and shall be liable, on conviction, to a fine
not exceeding N500,000 or imprisonment not
exceeding two years or both.
Section 24 of the Electoral Act 2010
Offences relating to registration of voters
(1) Any person who-
(a) makes a false statement in any application for
registration as a voter knowing it to be false;
(b) after demand or requisition made of him under this
Act without just cause, fails to give any such
information as he or she possesses or does not give
the information within the time specified;
(c) in the name of any other person, whether living, dead
or fictitious, signs an application form for registration
as a voter to have that other person registered as a
voter;
(d) transmits or is involved in transmitting to any person
as genuine a declaration relating to registration which
is false in any material particular, knowing it to be
false;
(e) by himself or any other person procures the
registration of himself or any other person on a voters’
register for a State, knowing that he or that other
person is not entitled to be registered on that voters’
register or is already registered on it or on another
voters’ register;
(f) by himself or any other person procures the
registration of a fictitious person;
commits an offence and is liable on conviction to a fine
not exceeding NIOO,OOO or imprisonment not
exceeding one year or both.
(2) Any person who-
(a) by duress, including threats of any kind causes or
induces any person or persons generally to refrain
from registering as a voter or voters; or
(b) in any way hinders another person from registering as
a voter; commits an offence and is liable on
conviction, to a fine not exceeding N500,000 or
imprisonment not exceeding 5 years.
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