Section 39-47 Nigerian Electoral Act 2022
Section 39, 40, 41, 42, 43, 44, 45, 46, 47 of the Nigerian Electoral Act 2022, among others, are under Part IV of the Act. Part IV is titled PROCEDURE AT ELECTION.
Section 39 Nigeria Electoral Act 2022
(1) Where after the expiration of time for delivery of nomination papers, withdrawal of candidates and the extension of time as provided for in this Act there is only one person who is validly nominated in respect of an election, other than to the office of the President or Governor, that person shall be declared elected.
(2) Where a person is declared elected under subsection (1), a Declaration of Result Form as may be prescribed by the Commission shall be completed and a copy issued to the person by the returning officer while the original of the form shall be returned to the Commission as in the case of a contested election.
Section 40 Nigeria Electoral Act 2022
Establishment of polling units
(1) The Commission shall divide each Local Government Area into registration areas or Electoral Wards not being less than 10 and not more than 20 as the circumstance of the Local Government Area may require.
(2) The Commission shall establish adequate number of polling units in each registration area or Electoral ward and shall allot voters to such polling units.
Section 41 Nigeria Electoral Act 2022
Ballot boxes and voting devices
(1) The Commission shall provide suitable boxes, electronic voting machine or any other voting device for the conduct of elections.
(2) The forms to be used for the conduct of elections to the offices mentioned in this Act shall be determined by the Commission.
(3) The Polling agents shall be entitled to be present at the distribution of the election materials, electronic voting machine and voting devices from the office to the polling booth.
(4) Polling agents who arc in attendance at a polling unit, may be entitled, before the
commencement of the election, to have originals of electoral materials to be used by the Commission for the election inspected, and this process may be recorded as evidence in writing, on video or by other means by any Polling Agent, accredited
observer or official of the Commission.
(5) A Polling Agent who is in attendance at a polling unit, may observe originals of the electoral materials and this may be recorded as evidence.
(6) The Commission shall, before the commencement of voting in each election, provide all election materials for the conduct of such election at the polling unit.
Section 42 Nigeria Electoral Act 2022
Format of ballot papers
(1) The Commission shall prescribe the format of the ballot papers which shall include the symbol adopted by the political party of the candidate and such other information as it may require.
(2) The ballot papers shall be numbered serially with differentiating colours for each
office being contested.
(3) The Commission shall, not later than 20 days to an election, invite in writing, a political party that nominated a candidate in the election to inspect its identity appearing on samples of relevant electoral materials proposed for the election and the political party may state in writing within two days of being so invited by the
Commission that it approves or disapproves of its identity as it appears on the samples.
(4) Unless the political party disapproves of its identity under subsection (3) in writing, it shall not complain of unlawful exclusion from the election under this Act in relation to its identity appealing on electoral materials used for the election.
(5) A political party that fails to comply with an invitation by the Commission under subsection (3) shall be deemed to have approved its identity on samples of electoral materials proposed to be used for an election
Section 43 Nigeria Electoral Act 2022
(1) Each Political Party, in consultation with its candidate, may, by notice in writing addressed to the Resident Electoral Commissioner of the State, appoint a polling agent for each polling unit and collation centre in the Local Government Area or Area Council for which it has candidate and the notice, which sets out the name, address and contact details of the polling agent, shall be accompanied by two passport photographs of each polling agent and sample signature of the polling agent and be given to the electoral officer at least 14 days before the date fixed for the election:
Provided that no person who is serving as Chairman or member of a Local Government Area or Area Council, Commissioner, Deputy Governor or Governor of a State, Minister of the Federal Government, or any other person holding elective or
appointive political office under any tier of government and who has not resigned
from his office at least three months prior to the said election shall serve as a polling
agent of any political party, either at the polling unit or at any centre designated for
collation of results of election.
(2) Notwithstanding the requirement of subsection (1), a candidate shall not be precluded from doing any act or thing which his political party, in consultation with him, has appointed a polling agent to do on his or her behalf under this Act.
(3) Where in this Act, an act or thing is required or authorised to be done by or in the presence of a Polling Agent, the non-attendance of the Polling Agent at the time and place appointed for the act or thing or refusal by the Polling Agent to do the act or thing shall not, if the act or thing is otherwise done properly, invalidate the act or thing.
Section 44 Nigeria Electoral Act 2022
Notice of poll
The Commission shall, not later than 14 days before the day of the election, cause to be published, in such maimer as it may deem fit, a notice specifying the —
(a) day and hours fixed for the poll;
(b) persons entitled to vote; and
(c) location of the polling units.
Section 45 Nigeria Electoral Act 2022
Hour of poll
Voting in any particular election under this Act shall take place on the date and time appointed by the Commission.
Section 46 Nigeria Electoral Act 2022
Display of ballot boxes
(1) At the hour fixed for opening of the poll before the commencement of accreditation and voting, the Presiding officer shall open the empty ballot box or present the voting device and show same to such persons as may lawfully be present at the polling unit and shall then close and seal the box in such manner as to prevent its being opened by any unauthorised person.
(2) The ballot box shall then be placed in full view of all present and be so maintained until the close of poll.
Section 47 Nigeria Electoral Act 2022
Accreditation of voters and voting
(1) A person intending to vote in an election shall present himself with his voter’s card to a Presiding officer for accreditation at the polling unit in the constituency in which his name is registered.
(2) To vote, the presiding officer shall use a smart card reader or any other technological device that may be prescribed by the Commission, for the accreditation of voters, to verify, confirm or authenticate the particulars of the intending voter in the manner prescribed by the Commission.
(3) Where a smart card reader or any other technological device deployed for accreditation of voters fails to function in any unit and a fresh card reader or technological device is not deployed, the election in that unit shall be cancelled and another election shall be scheduled within 24 hours if the Commission is satisfied that the result of the election in that polling unit will substantially affect the final result of the whole election and declaration of a winner in the constituency