Section 43 Nigerian Electoral Act

Section 43 Electoral Act 2022 is about Polling agents. It is under Part IV (Procedure at Election) of the Act.

(1) Each Political Party, in consultation with its candidate, may, by notice in writing addressed to the
Resident Electoral Commissioner of the State, appoint a polling agent for each polling unit and collation
centre in the Local Government Area or Area Council for which it has candidate and the notice, which
sets out the name, address and contact details of the polling agent, shall be accompanied by two passport photographs of each polling agent and sample signature of the polling agent and be given to the electoral officer at least 14 days before the date fixed for the election : Provided that no person who is serving as Chairman or member of a Local Government Area or Area Council, Commissioner, Deputy Governor or Governor of a State, Minister of the Federal Government, or any other person holding elective or appointive political office under any tier of government and who has not resigned from his office at least three months prior to the said election shall serve as a polling agent of any political party, either at the polling unit or at any centre designated for collation of results of election.

(2) Notwithstanding the requirement of subsection (1), a candidate shall not be precluded from doing any act or thing which his political party, in consultation with him, has appointed a polling agent to do on his
or her behalf under this Act.

(3) Where in this Act, an act or thing is required or authorised to be done by or in the presence of a
Polling Agent, the non-attendance of the Polling Agent at the time and place appointed for the act or thing or refusal by the Polling Agent to do the act or thing shall not, if the act or thing is otherwise done properly, invalidate the act or thing.