Section 141-148 Nigerian Electoral Act 2022
Section 141, 142, 143, 144, 145, 146, 147, 148 of the Nigerian Electoral Act 2022, among others, are under Part IX of the Act. Part IX is titled MISCELLANEOUS PROVISIONS.
Section 141 Nigeria Electoral Act 2022
Persons disqualified from acting as election officers
No person holding an elective office to which this Act relates or a registered member of a political party shall be eligible for or be appointed to carry out the duties of a returning officer, an electoral officer, presiding officer or a poll clerk, and any officer appointed to carry out any of those duties shall be ineligible for nomination as a
candidate for election while he or she continues to hold such appointment.
Section 142 Nigeria Electoral Act 2022
Election expenses by the Commission
(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.
Section 143 Nigeria Electoral Act 2022
Secrecy of ballot
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.
Section 144 Nigeria Electoral Act 2022
Prosecution of offence disclosed in election petition
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.
Section 145 Nigeria Electoral Act 2022
Trial of offences
(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.
Section 146 Nigeria Electoral Act 2022
Inspection of documents
(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.
Section 147 Nigeria Electoral Act 2022
Delegation of powers of the Commission
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.
Section 148 Nigeria Electoral Act 2022
Regulations
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.
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