Section 152-153 Nigerian Electoral Act 2022
Section 152,153 of the Nigerian Electoral Act 2022, among others, are under Part IX of the Act. Part IX is titled MISCELLANEOUS PROVISIONS.
Section 152 Nigeria Electoral Act 2022
Interpretation
In this Act —
“Area Council” means Area Councils recognised 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 the provisions of the Constitution;
“appointment” includes appointment to an office, confirmation of appointment,
promotion or transfer;
“aspirant” means a person who aspires or seeks or strives to contest an election to a
political office;
‘•‘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;
“powers” includes functions and duties;
“President” means the President of the Federal Republic of Nigeria;
‘Presiding Officer” means a person appointed by the Commission to be in charge of
the conduct of election in a polling unit or polling station, and this shall include persons who may be under different titles but who are charged by the Commission with the same responsibilities at a polling unit or polling station as a Presiding officer;
“primaries” or “primary election” mean intra-party election by voters of a given political party to nominate candidates for elective office in accordance with a political party’s constitution and the law;
“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;
“returning officer” means a person appointed by the Commission to be in charge of
the conduct of election in a constituency, and this includes persons who may be under different titles but who are charged by the Commission with the same responsibilities in a constituency as a Returning Officer;
“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 and all references in this Act to a State in the Federation shall, where appropriate, be deemed to
“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;
“Area Councils” means Area Councils in the Federal Capital Territory;
“authority” includes government or government agency and corporate bodies;
“campaigning in public” referred to in section 95 means the campaign that commences after the publication of the notice of election by the Commission under section 28 of this Act;
“candidate” means a person who has secured the nomination of a political party to contest an election for any elective office;
“Chief Electoral Commissioner” means the Chairman of the Independent National
Electoral Commission;
“civil servant” means a person employed in the civil service of the Federation or of a State or Local government as contained in the Constitution of the Federal Republic of Nigeria, 1999;
“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 or Area Council or 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 1999;
“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 and includes admission by a person in writing, verbally, or by conduct that he is guilty, or has committed or aided and abetted the commission of the offence or crime concerned;
“conduct” referred to in the latter is, for instance, where a person reimburses the sums of money or any parts of it 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;
“direct primaries” means an election at which candidates for elective office are chosen by direct vote of political party members instead of by delegates at a convention or congress;
“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;
“electronic format” refers to the electronic version of the Register of Voters or National Electronic Register of Election Results, as the case may be, created, recorded, transmitted or stored in digital form or in other intangible forms by electronic, magnetic or optical means or by any other means that has capabilities
for creation, recording, transmission or storage similar to those means and which may be converted to or reproduced in a paper document;
“Federation” means the Federal Republic of Nigeria;
“function” includes powers and duties;
“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, a State, 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 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 this Act or any other law, rules and regulations from registering as a voter or from contesting elections;
“Local Government” means Local Government recognised and existing by section
3(6) of the Constitution and set out in Parts I and II of the First Schedule 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;
“number of accredited voters” means number of intending voters accredited to vote
in an election;
“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;
“person with disability” means —
(a) a person who has received temporary or permanent Certificate of Disability to a have condition which is expected to continue permanently or for a considerable length of time which can reasonably be expected to limit the person’s functional ability substantially, but not limited to seeing, hearing, thinking, ambulating, climbing, descending, lifting, grasping, rising and includes any related function or any limitation due to weakness or significantly decreased endurance so that it cannot perform his everyday routine, leaving and working without significantly increased hardship and vulnerability to everyday obstacles and hazards; and
(b) a person with long time physical, mental, intellectual, or sensory impairment which interaction with various barriers may hinder their full and effective participation in society ons equal basis with others;
“person with special needs” means a person who requires assistance for disabilities that may be medical, mental, emotional, physical or psychological;
“petition” means an election petition under this Act;
“polling agent” means a person representing a political party or its candidate at the polling unit, ward, Local Government, Federal constituency, Senatorial district, State or Federal collation centres;
include references to the Federal Capital Territory;
•
“State Commission” means State Independent Electoral Commission created under
section 197 of the Constitution;
“vulnerable person” means a woman, child or person living under extreme poverty, person with disability, the sick and the elderly, refugee, internally displaced person, migrant, person in detention or ethnic and religious minority groups; and
“ward collation officer” means registration area Collation Officer.
Section 153 Nigeria Electoral Act 2022
Citation
This Act may be cited as the Electoral Act, 2022.
See also:
