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Section 146 Nigerian Electoral Act 2022

Section 146 Nigerian Electoral Act

Section 146 Electoral Act 2022 is about Inspection of documents. It is under Part IX (Miscellaneous Provisions) of the Act.

(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.

See also  Section 117 of the 1999 Constitution of Nigeria (Updated)

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