Section 146-158 of the Nigerian Electoral Act 2010
Section 146 to 158 of the Nigerian Electoral Act 2010 is under PART IX (MISCELLANEOUS) of the act.
Section 146 of the Electoral Act 2010
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 continues to hold any such appointment.
Section 147 of the Electoral Act 2010
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;
(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 paragraph (a) of subsection (1) of
this section 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) of this section 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.
Section 148 of the Electoral Act 2010
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 voted.
Section 149 of the Electoral Act 2010
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 150 of the Electoral Act 2010
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 151 of the Electoral Act 2010
Inspection of documents
(1) An order for an inspection of a polling document
or an inspection of Inspection of documents a
document or any other packet in the custody of the
Chief National Electoral Commissioner or any other
officer of the Commission may be made by the
election tribunal or the court if it is satisfied that the
inspection is required for the purpose of instituting,
maintaining or defending an election petition.
(2) A document other than a document referred to in
subsection (1) of this section 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 a Court in exercise of its powers to compel the
production of documents in legal proceedings, but
shall not otherwise be open for inspection.
Section 152 of the Electoral Act 2010
Delegation of powers of the Commission
Without prejudice to the 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 153 of the Electoral Act 2010
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 thereof.
Section 154 of the Electoral Act 2010
Civic education by the Commission
The Commission shall have power to conduct civic
education and enlightenment in the print and
electronic media to enhance its functions.
Section 155 of the Electoral Act 2010
Validation
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
thing whatsoever done by him 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.
Section 156 of the Electoral Act 2010
Interpretation
In this Act-
“Appointment” includes appointment to an office,
confirmation of appointment, promotion or transfer;
“Area Council” means Area Councils recognized 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 section 8 (5) of the
Constitution;
“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;
“Authority” includes government or government agency
and corporate bodies;
“Chief Electoral Commissioner” means the Chairman of
Independent National Electoral Commission;
“Civil Servant” means a person employed in the civil
service of the Federation or of a State or Local
government;
“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 Area Councilor 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;
“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. Conviction further includes admission by a
person in writing, verbally, or by conduct that he is guilty,
or have committed or aided and abetted the commission
of the offence or crime concerned;
The “Conduct” referred to in the latter is, for instance,
where a person reimburses the sums of money or any
parts thereof 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;
“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;
“Federation” means the Federal Republic of Nigeria;
“Function” includes power and duty;
“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,
of a State or of a 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 of
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 the present Act or any other Law, Rules and
Regulations from registering as a voter or from contesting
elections;
“Local Government” means Local Government recognized
and existing by virtue of section 3(6) of the Constitution
and set out in Parts I and II of the First Schedule thereof
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;
“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;
“Petition” means an election petition under this Act;
“Polling Agent” means a person representing a political
party or independent 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;
“Power” includes function and duty;
“President” means the President of the Federal Republic of
Nigeria;
“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; “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;
“State Commission” means State Independent Electoral
Commission established by section 197 of the
Constitution;
“Campaigning in public” referred to in section 99 means
the campaign that commences after the publication of the
notice of election by the commission pursuant to section
30 of this Act;
All references in this Act to a State in the Federation shall,
where appropriate, be deemed to include references to the
Federal Capital Territory.
Section 157 of the Electoral Act 2010
Repeal of Electoral Act 2006 and INEC Act, Cap. 15, LFN, 2004
The Electoral Act, 2006 and Independent National
Electoral Commission Act, Cap 15, Laws of the
Federation of Nigeria, 2004 are repealed.
Section 158 of the Electoral Act 2010
Citation
This Act may be cited as the Electoral Act, 2010.
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