Section 98-105 Nigerian Electoral Act 2022
Section 98, 99, 100, 101, 102, 103, 104, 105 of the Nigerian Electoral Act 2022, among others, are under Part VI of the Act. Part VI is titled PROCEDURE FOR ELECTION TO AREA COUNCIL.
Section 98 Nigeria Electoral Act 2022
Powers of the Commission
(1) The conduct of elections into the offices of Chairman, Vice Chairman and a member of an Area Council and the recall of a member of an Area Council shall be under the direction and supervision of the Commission in accordance with the provisions of this Act.
(2) The register of voters compiled and the polling units established by the Commission and any other regulations, guidelines, rules or manuals issued or made by the Commission shall be used for elections into the Area Councils or recall of a
member.
Section 99 Nigeria Electoral Act 2022
Election to offices of Chairman, Vice-Chairman and Councilors
(1) There shall be elected for each Area Council in the Federal Capital Territory a Chairman and Vice-Chairman.
(2) There shall be a Councilor for each Electoral Ward in an Area Council of the Federal Capital Territory.
Section 100 Nigeria Electoral Act 2022
Division of Area Council into registration area
(1) Subject to the provisions of this section, the Commission shall divide each Area Council into registration areas or Electoral Wards not being less than 10 and not more than 20 as the circumstance of each Area Council may require.
(2) The boundaries of each registration area or Electoral Ward shall be such that the
number of inhabitants of the registration area or Electoral Ward is as nearly equal to the population quota as is reasonably practicable.
(3) The Commission shall review the division of every Area Council at intervals of not less than 10 years and may alter such registration area or Electoral Ward in accordance with subsection (1) to such extent as it may consider desirable in the light of the review.
(4) Notwithstanding subsection (3), the Commission may, at any time, carry out such a review and alter the Electoral Ward in accordance with the provisions of this section to such extent as it considers necessary in consequence of any amendment to section 3 of the Constitution or any provision replacing that provision or by reason of the holding of a national population census or pursuant to an Act of the National Assembly.
Section 101 Nigeria Electoral Act 2022
Qualification
A person shall be qualified for election under this Part of this Act if he or she –
(a) is a citizen of Nigeria;
(b) is registered as a voter;
(c) has attained the age of 25 years for Councillor and 30 years for Chairman and Vice Chairman;
(d) is educated up to at least School Certificate level or its equivalent; and
(e) is a member of a political party and is sponsored by that party
Section 102 Nigeria Electoral Act 2022
Disqualification
(1) A person shall not be qualified to contest an Area Council election under this Act if he or she –
(a) subject to the provisions of section 28 of the Constitution, has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country;
(b) is adjudged to be a lunatic or otherwise declared to be of unsound mind under any law in force in any part of Nigeria;
(c) is under a sentence of death imposed on him or her by any competent court of law or tribunal in Nigeria;
(d) within a period of less than 10 years before the date of an election to the Area Council, has been convicted and sentenced for an offence involving dishonesty or has been found guilty of contravention of tire Code of Conduct;
(e) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria;
(f) is a person employed in the public service of the Federation or of any State or Area Council, other than a person holding elective office, and has not resigned, withdrawn or retired from such employment 30 days before the date of election;
(g) is a member of any secret society;
(h) has within the preceding period of 10 years presented a forged certificate to the Commission;
(i) has been dismissed from the public service of the Federation, State, Local Government or Area Council; or
(j) has been elected to such office at any two previous elections in the case of Chairman.
(2) Where in respect of any person who has been –
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt, any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.
(3) For the purpose of subsection (2), an “appeal” includes any application for an injunction or an order of certiorari, mandamus, prohibition, or habeas corpus, or any appeal from any such application.
Section 103 Nigeria Electoral Act 2022
Date of Area Council elections and method of voting
(1) Election into all the Area Councils shall be held on the same date and day throughout the Federal Capital Territory.
(2) Bye-elections to fill vacancies that occur in Area Councils shall be held within 30 days from the date the vacancy occurred.
(3) The date mentioned in subsection (1) shall not be earlier than 150 days before and not later than 30 days before the expiration of the term of office of the last holder of that office.
(4) Where a vacancy occurs more than three months before the day the Area Council stands dissolved there shall be a bye-election to fill the vacancy not later than 30 days from the date the vacancy occurred.
(5) Voting shall be by open-secret ballot.
Section 104 Nigeria Electoral Act 2022
Procedure for Area Council elections
The procedure for filing nominations and the casting and counting of votes for Area
Council elections shall be the same as is applicable to other elections under this Act.
Section 105 Nigeria Electoral Act 2022
Procedure for nomination
(1) If after the expiration of time for the delivery of nomination papers and the withdrawal of candidates for election of Councillors under this Act only one candidate remains duly nominated, that candidate shall be declared returned
unopposed.
(2) If after the expiration of time for the delivery of nomination papers and the withdrawal of candidates for election of Councillors under this section more than one candidate remains duly nominated, a poll shall be taken in accordance with the provisions of this Act.
(3) Where at the close of nomination for election to the office of Chairman, only one
candidate –
(a) has been nominated; or
(b) remains nominated by reason of the disqualification, withdrawal, incapacitation, disappearance, or death of the other candidate, the Commission shall extend the time for nomination by seven days:
Provided that where after the extension, only one candidate remains validly
nominated there shall be no further extension.
See also:
Section 106-113 Nigeria Electoral Act 2022
