Section 24-30 Nigeria Electoral Act 2022

Section 24-30 Nigerian Electoral Act 2022

Section 24, 25, 26, 27, 28, 29, 30 of the Nigerian Electoral Act 2022, among others, are under Part IV of the Act. Part IV is titled PROCEDURE AT ELECTION.

Section 24 Nigeria Electoral Act 2022

Conduct and postponement of election in emergency

(1) In the event of an emergency affecting an election, the Commission shall, as far as practicable, ensure that persons displaced as a result of the emergency are not disenfranchised.

(2) Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election
and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election, provided that such reason for the postponement is
cogent and verifiable.

(3) Where an election has commenced and there is reason to believe that there is or has been substantial disruption of election in a polling unit or constituency or it is impossible to continue with the election occasioned by threat to peace and security of electoral officials and materials, the Commission shall suspend the election and appoint another date for the continuation of the election or the process.

(4) Where the Commission appoints a substituted date in accordance with subsections (2) and (3), there shall be no return for the election until polling has taken place in the area or areas affected.

(5) Notwithstanding subsection (3), the Commission may, if satisfied that the result of the election will not be affected by voting in the area or areas in respect of which substituted dates have been appointed, direct that a return of the election be made.

(6) The decision of the Commission under subsection (4) may be challenged by any of the contestants at a court or tribunal of competent jurisdiction and on such challenge, the decision shall be suspended until the matter is determined.

Section 25 Nigeria Electoral Act 2022

Announcement and declaration of election results

(1) The results of all the elections shall be announced by the —
(a) Presiding officer at the polling unit;
(b) Ward Collation Officer at the registration area or Ward Collation Centre;
(c) Local Government or Area Council Collation Officer at the Local Government or Area Council Collation Centre; and
(d) State Collation Officer at the State Collation Centre.

(2) The returning officer shall announce the result and declare the winner of the election at —
(a) Registration Area or Ward Collation Centre in the case of Councillorship election in the Federal Capital Territory;
(b) Area Council Collation Centre in the case of Chairmanship and Vice Chairmanship election in the Federal Capital Territory;
(c) State Constituency Collation Centre in the case of State House of Assembly election;
(d) Federal Constituency Collation Centre in the case of election to the House of Representatives;
(e) Senatorial District Collation Centre in the case of election to the Senate;
(f) State Collation Centre in the case of election of a Governor of a State;
(g) State Collation Centre in the case of a Presidential election; and
(h) National Collation Centre in the case of election of the President.

(3) The Chief Electoral Commissioner shall be the returning officer at the Presidential
election.

Section 26 Nigeria Electoral Act 2022

Oath of neutrality by election officials

(1) All staff, electoral officers, presiding officers, returning officers and security officials taking part in the conduct of an election shall affirm or swear to an oath of loyalty and neutrality as in the Second Schedule, indicating that they will not accept bribe or gratification from any person, and shall perform their functions and discharge their duties impartially and in the interest of the Federal Republic of Nigeria without fear or favour.

(2) Any person who violates subsection (1), commits an offence and is punishable under section 120 (dereliction of duty)

Section 27 Nigeria Electoral Act 2022

Appointment of other officers for the conduct of registration of voters and elections

(1) The Commission shall for the purpose of an election or registration of voters under this Act, appoint and designate such officers as may be required provided that no person who is a member of a political party or who has openly expressed support for any candidate shall be so appointed.

(2) The officers appointed under subsection (1) shall perform such functions and discharge such duties as may be specified by the Commission, in accordance with
the provisions of this Act, and shall not be subject to the direction or control of any person or authority other than the Commission in the performance of their functions
and discharge of their duties.

(3) Notwithstanding the provisions of any other law and for purpose of securing the vote, the Commission shall be responsible for requesting for the deployment of relevant security personnel necessary for elections or registration of voters and shall assign them in the manner determined by the Commission in consultation with the
relevant security agencies:

Provided that the Commission shall only request for the deployment of the Nigerian Armed Forces for the purpose of securing the distribution and delivery of election materials and protection of election officials.

Section 28 Nigeria Electoral Act 2022

Notice of election

(1) The Commission shall, not later than 360 days before the day appointed for holding of an election under this Act, publish a notice in each State of the Federation and the Federal Capital Territory —
(a) stating the date of the election; and
(b) appointing the place at which nomination papers are to be delivered.

(2) The notice shall be published in each constituency in respect of which an election is to be held.

(3) In the case of a by-election, the Commission shall, not later than 14 days before the date appointed for the election, publish a notice stating the date of the election.

(4) There shall not be substitution of candidates in a by-election except where a candidate of a political party in a by-election dies, the paily shall submit to the Commission the name of its substitute candidate within seven days of the death of the candidate in the Form prescribed by the Commission.

Section 29 Nigeria Electoral Act 2022

Submission of list of candidates and their affidavits by political parties

(1) Every political party shall, not later than 180 days before the date appointed for a general election under this Act, submit to the Commission, in the prescribed Forms, the list of the candidates the party proposes to sponsor at the elections, who must have emerged from valid primaries conducted by the political party.

(2) The list or information submitted by each candidate shall be accompanied by an affidavit sworn to by the candidate at the Federal High Court, High Court of a State,
or Federal Capital Territory, indicating that he or she has fulfilled all the constitutional requirements for election into that office.

(3) The Commission shall, within seven days of the receipt of the personal particulars of the candidate, publish same in the constituency where the candidate intends to contest the election.

(4) Any person may apply to the Commission for a copy of nomination form, affidavit and any other document submitted by a candidate at an election and the Commission shall, upon payment of a prescribed fee, issue such person with a certified copy of the document within 14 days.

(5) Any aspirant who participated in the primaries of his political party who has reasonable grounds to believe that any information given by his political party’s candidate in the affidavit or any document submitted by that candidate in relation to
his constitutional requirements to contest the election is false, may file a suit at the Federal High Court against that candidate seeking a declaration that the information
contained in the affidavit is false.

(6) Where the Court determines that any of the information contained in the affidavit is false only as it relates to constitutional requirements of eligibility, the Court shall issue an order disqualifying the candidate and the sponsoring political party and then declare the candidate with the second highest number of valid votes and who satisfies the constitutional requirement as the winner of the election.

(7) A candidate for an election shall, at the time of submitting the prescribed form, furnish the Commission with an identifiable address in the state where he or she intends to contest the election at which address all documents and court processes from either the Commission or any other person shall be served on him or her.

(8) A political party which presents to the Commission the name of a candidate who does not meet the qualification stipulated in this section, commits an offence and is liable on conviction to a fine of N10,000,000.

Section 30 Nigeria Electoral Act 2022

Prohibition of double nomination

(1) A candidate for an election shall be nominated in writing by such number of persons whose names appear on the register of voters in the constituency as the Commission may prescribe.

(2) A person shall not nominate more than one person for an election to the same office.

(3) Any person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not more than Ml 00,000 or imprisonment for a term of three months or both, but his or her action shall not invalidate the nomination.

(4) An account shall not be taken of the signature of a person on a nomination paper where the candidate had died, withdrawn or the nomination paper was held invalid by a Court of competent jurisdiction.

(5) A person who has subscribed as a nominator shall not, so long as the candidate stands nominated withdraw his or her nomination.

See also:

Section 16-23 Nigeria Electoral Act 2022