Nigerian Electoral Act 2022

The Nigerian Electoral Act 2022 was signed into law on the 25th of February, 2022.

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This Act repeals the Electoral Act No. 6, 2010 and enacts the Electoral Act 2022. It regulates the conduct of Federal, State and Area Council elections. It provides for the use of card readers and other technological devices in elections and political party primaries. Also for a timeline for the submission of list of candidates, criteria for substitution of candidates, limit of campaign expenses, etc.

Sections

PART I — (ESTABLISHMENT AND FUNCTIONS OF INDEPENDENT NATIONAL
ELECTORAL COMMISSION)

Section 1 Nigeria Electoral Act 2022 – Establishment of Independent National Electoral Commission

Section 2 Nigeria Electoral Act 2022 – Functions of the Commission

Section 3 Nigeria Electoral Act 2022 – Establishment of the Independent National Electoral Commission Fund

Section 4 Nigeria Electoral Act 2022 – Expenditure of the Commission

Section 5 Nigeria Electoral Act 2022 – Annual estimates and accounts

Section 6 Nigeria Electoral Act 2022 – Establishment of office in each State, Federal Capital Territory and Local Government Area

Section 7 Nigeria Electoral Act 2022 – Committees of the Commission

PART II — (STAFF OF THE COMMISSION)

Section 8 Nigeria Electoral Act 2022 – Secretary and other staff of the Commission

PART III — (NATIONAL REGISTER OF VOTERS AND VOTERS’ REGISTRATION)

Section 9 Nigeria Electoral Act 2022 – National register of voters and voters’ registration

Section 10 Nigeria Electoral Act 2022 – Continuous registration

Section 11 Nigeria Electoral Act 2022 – Appointment of officers

Section 12 Nigeria Electoral Act 2022 – Qualification for registration

Section 13 Nigeria Electoral Act 2022 – Transfer of registered voters

Section 14 Nigeria Electoral Act 2022 – Demand for information regarding registration

Section 15 Nigeria Electoral Act 2022 – Power to print or issue register of voters

Section 16 Nigeria Electoral Act 2022 – Power to print or issue voters card

Section 17 Nigeria Electoral Act 2022 – Custody of voters’ register

Section 18 Nigeria Electoral Act 2022 – Power to issue replacement permanent voters’ cards

Section 19 Nigeria Electoral Act 2022 – Display of the copies of the voters’ list

Section 20 Nigeria Electoral Act 2022 – Revision officer for hearing of claims

Section 21 Nigeria Electoral Act 2022 – Proprietary rights in the voters’ card

Section 22 Nigeria Electoral Act 2022 – Offences of buying and selling voters’ cards

Section 23 Nigeria Electoral Act 2022 – Offences relating to register of voters

PART IV — (PROCEDURE AT ELECTION)

Section 24 Nigeria Electoral Act 2022 – Conduct and postponement of election in emergency

Section 25 Nigeria Electoral Act 2022 – Announcement and declaration of election results

Section 26 Nigeria Electoral Act 2022 – Oath of neutrality by election officials

Section 27 Nigeria Electoral Act 2022 – Appointment of other officers for the conduct of registration of voters and elections

Section 28 Nigeria Electoral Act 2022 – Notice of election

Section 29 Nigeria Electoral Act 2022 – Submission of list of candidates and their affidavits by political parties

Section 30 Nigeria Electoral Act 2022 – Prohibition of double nomination

Section 31 Nigeria Electoral Act 2022 – Withdrawal of candidate

Section 32 Nigeria Electoral Act 2022 – Publication of nomination

Section 33 Nigeria Electoral Act 2022 – Political parties changing candidates

Section 34 Nigeria Electoral Act 2022 – Death of a candidate

Section 35 Nigeria Electoral Act 2022 – Invalidity of multiple nomination

Section 36 Nigeria Electoral Act 2022 – Failure of nomination

Section 37 Nigeria Electoral Act 2022 – Contested election

Section 38 Nigeria Electoral Act 2022 – When poll is required

Section 39 Nigeria Electoral Act 2022 – Uncontested election

Section 40 Nigeria Electoral Act 2022 – Establishment of polling units

Section 41 Nigeria Electoral Act 2022 – Ballot boxes and voting devices

Section 42 Nigeria Electoral Act 2022 – Format of ballot papers

Section 43 Nigeria Electoral Act 2022 – Polling agents

Section 44 Nigeria Electoral Act 2022 – Notice of poll

Section 45 Nigeria Electoral Act 2022 – Hour of poll

Section 46 Nigeria Electoral Act 2022 – Display of ballot boxes

Section 47 Nigeria Electoral Act 2022 – Accreditation of voters and voting

Section 48 Nigeria Electoral Act 2022 – Right to challenge issue of ballot paper

Section 49 Nigeria Electoral Act 2022 – Separate queues for men and women

Section 50 Nigeria Electoral Act 2022 – Conduct of poll by open secret ballot

Section 51 Nigeria Electoral Act 2022 – Over voting

Section 52 Nigeria Electoral Act 2022 – Ballot not to be marked by voter for identification

Section 53 Nigeria Electoral Act 2022 – Accidental destruction or marking of ballot papers

Section 54 Nigeria Electoral Act 2022 – Visually impaired and incapacitated voters

Section 55 Nigeria Electoral Act 2022 – Personal attendance

Section 56 Nigeria Electoral Act 2022 – Voting at appropriate polling unit

Section 57 Nigeria Electoral Act 2022 – Impersonation by applicant to vote

Section 58 Nigeria Electoral Act 2022 – Conduct at polling units

Section 59 Nigeria Electoral Act 2022 – Closing of poll

Section 60 Nigeria Electoral Act 2022 – Counting of votes and forms

Section 61 Nigeria Electoral Act 2022 – Recount

Section 62 Nigeria Electoral Act 2022 – Post-election procedure and collation of election results

Section 63 Nigeria Electoral Act 2022 – Rejection of ballot paper without official mark

Section 64 Nigeria Electoral Act 2022 – Endorsement on rejected ballot paper without official mark

Section 65 Nigeria Electoral Act 2022 – Decision of returning officer on ballot paper

Section 66 Nigeria Electoral Act 2022 – Declaration of result

Section 67 Nigeria Electoral Act 2022 – Equality of votes

Section 68 Nigeria Electoral Act 2022 – Posting of results

Section 69 Nigeria Electoral Act 2022 – Custody of documents

Section 70 Nigeria Electoral Act 2022 – Step by step recording of poll

Section 71 Nigeria Electoral Act 2022 – Result forms to be signed and countersigned

Section 72 Nigeria Electoral Act 2022 – Certificate of return

Section 73 Nigeria Electoral Act 2022 – Forms for use at elections

Section 74 Nigeria Electoral Act 2022 – Access to election documents

PART V — (POLITICAL PARTIES)

Section 75 Nigeria Electoral Act 2022 – Powers of the Commission to register political parties

Section 76 Nigeria Electoral Act 2022 – Decision of the Commission subject to judicial review

Section 77 Nigeria Electoral Act 2022 – Political parties to be bodies corporate

Section 78 Nigeria Electoral Act 2022 – Contravention of section 227 of the 1999 Constitution

Section 79 Nigeria Electoral Act 2022 – Symbols of political parties

Section 80 Nigeria Electoral Act 2022 – Allocation of symbols

Section 81 Nigeria Electoral Act 2022 – Merger of political parties

Section 82 Nigeria Electoral Act 2022 – Notice of convention, congress

Section 83 Nigeria Electoral Act 2022 – Monitoring of political parties

Section 84 Nigeria Electoral Act 2022 – Nomination of candidates by parties

Section 85 Nigeria Electoral Act 2022 – Offences in relation to finances of a political party

Section 86 Nigeria Electoral Act 2022 – Period to be covered by annual statement

Section 87 Nigeria Electoral Act 2022 – Power to limit contribution to a political party

Section 88 Nigeria Electoral Act 2022 – Limitation on election expenses

Section 89 Nigeria Electoral Act 2022 – Election expenses of political parties

Section 90 Nigeria Electoral Act 2022 – Disclosure by political parties

Section 91 Nigeria Electoral Act 2022 – Conduct at political rallies, and processions

Section 92 Nigeria Electoral Act 2022 – Prohibition of certain conduct at political campaigns

Section 93 Nigeria Electoral Act 2022 – Prohibition of use of force or violence during political campaign

Section 94 Nigeria Electoral Act 2022 – Limitation on political broadcast and campaign by political parties

Section 95 Nigeria Electoral Act 2022 – Campaign for election

Section 96 Nigeria Electoral Act 2022 – Prohibition of broadcast 24 hours preceding or on polling day

Section 97 Nigeria Electoral Act 2022 – Campaign based on religion or tribe

PART VI — (PROCEDURE FOR ELECTION TO AREA COUNCIL)

Section 98 Nigeria Electoral Act 2022 – Powers of the Commission

Section 98 Nigeria Electoral Act 2022 – Election to offices of Chairman, Vice-Chairman and Councilors

Section 100 Nigeria Electoral Act 2022 – Division of Area Council into registration area

Section 101 Nigeria Electoral Act 2022 – Qualification

Section 102 Nigeria Electoral Act 2022 – Disqualification

Section 103 Nigeria Electoral Act 2022 – Date of Area Council elections and method of voting

Section 104 Nigeria Electoral Act 2022 – Procedure for Area Council elections

Section 105 Nigeria Electoral Act 2022 – Procedure for nomination

Section 106 Nigeria Electoral Act 2022 – Election of Area Council Chairman

Section 107 Nigeria Electoral Act 2022 – Death of Chairman or Vice-Chairman before oath of office

Section 108 Nigeria Electoral Act 2022 – Dissolution of Area Council

Section 109 Nigeria Electoral Act 2022 – Vacation of seat of members

Section 110 Nigeria Electoral Act 2022 – Removal of Chairman or Vice- Chairman

Section 111 Nigeria Electoral Act 2022 – Permanent incapacity of Chairman or Vice-Chairman of an Area Council

Section 112 Nigeria Electoral Act 2022 – Performance of functions of Chairman or Vice-Chairman of an Area Council

Section 113 Nigeria Electoral Act 2022 – Recall

PART VII — (ELECTORAL OFFENCES)

Section 114 Nigeria Electoral Act 2022 – Offences in relation to registration

Section 115 Nigeria Electoral Act 2022 – Offences in respect of nomination

Section 116 Nigeria Electoral Act 2022 – Disorderly behavior at political meetings

Section 117 Nigeria Electoral Act 2022 – Improper use of voters cards

Section 118 Nigeria Electoral Act 2022 – Improper use of vehicles

Section 119 Nigeria Electoral Act 2022 – Impersonation and voting when not qualified

Section 120 Nigeria Electoral Act 2022 – Dereliction of duty

Section 121 Nigeria Electoral Act 2022 – Bribery and conspiracy

Section 122 Nigeria Electoral Act 2022 – Requirement of secrecy in voting

Section 123 Nigeria Electoral Act 2022 – Wrongful voting and false statements

Section 124 Nigeria Electoral Act 2022 – Voting by unregistered person

Section 125 Nigeria Electoral Act 2022 – Disorderly conduct at elections

Section 126 Nigeria Electoral Act 2022 – Offences on election day

Section 127 Nigeria Electoral Act 2022 – Undue influence

Section 128 Nigeria Electoral Act 2022 – Threatening

Section 129 Nigeria Electoral Act 2022 – Offences relating to recall

PART VIII — (DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS)

Section 130 Nigeria Electoral Act 2022 – Proceedings to question an election

Section 131 Nigeria Electoral Act 2022 – Establishment of Area Council Election Tribunal

Section 132 Nigeria Electoral Act 2022 – Establishment of Area Council Election Appeal Tribunal

Section 133 Nigeria Electoral Act 2022 – Persons entitled to present election petitions

Section 134 Nigeria Electoral Act 2022 – Grounds of petition

Section 135 Nigeria Electoral Act 2022 – Certain defects not to invalidate election

Section 136 Nigeria Electoral Act 2022 – Nullification of election by Tribunal or Court

Section 137 Nigeria Electoral Act 2022 – Effect of non-compliance

Section 138 Nigeria Electoral Act 2022 – Person elected to remain in office pending determination of appeal

Section 139 Nigeria Electoral Act 2022 – Legal representation of Commission

Section 140 Nigeria Electoral Act 2022 – Rules of procedure for election petition

PART IX — (MISCELLANEOUS PROVISIONS)

Section 141 Nigeria Electoral Act 2022 – Persons disqualified from acting as election officers

Section 142 Nigeria Electoral Act 2022 – Election expenses by the Commission

Section 143 Nigeria Electoral Act 2022 – Secrecy of ballot

Section 144 Nigeria Electoral Act 2022 – Prosecution of offence disclosed in election petition

Section 145 Nigeria Electoral Act 2022 – Trial of offences

Section 146 Nigeria Electoral Act 2022 – Inspection of documents

Section 147 Nigeria Electoral Act 2022 – Delegation of powers of the Commission

Section 148 Nigeria Electoral Act 2022 – Regulations

Section 149 Nigeria Electoral Act 2022 – Validation

Section 150 Nigeria Electoral Act 2022 – Procedure for Local Government election in furtherance of paragraph 11 of Part II of the Second Schedule to the Constitution

Section 151 Nigeria Electoral Act 2022 – Repeal of the Electoral Act No. 6, 2010

Section 152 Nigeria Electoral Act 2022 – Interpretation

Section 153 Nigeria Electoral Act 2022 – Citation

Schedules

Not available here.

Credit: PLAC (Policy and Legal Advocacy Centre)