AKWA IBOM STATE INDEPENDENT

ELECTORAL COMMISSION

 

GUIDELINES FOR LOCAL GOVERNMENT GENERAL ELECTIONS

AND RUN OFF ELECTION HOLDING ON 27TH MARCH, 2004 AND

4TH APRIL, 2004 RESPECTIVELY

 

1.       DATE OF ELECTION:

 

The Local Government general elections shall be held on 27th March, 2004 for the election of Councillors for all the 31 Local Government Councils in Akwa Ibom State. Run off election, if any, shall be held on 4th April, 2004.

 

2.       QUALIFICATION OF COUNCILLORS:

 

A person shall be qualified for election as Councillor if:

(1)     He Has Paid His Income Tax As And When Due For Three Years Immediately Preceding The Year Of The Election.

(2)     He Is A Member Of Political Party And Is Sponsored By That Political Party,

(3)     He Is A Citizen Of Nigeria;

(4)     He Has Attained The Age Of 25 Years;

(5)     He Has Obtained At Least Senior School Certificate Or Its Equivalent;

(6)     He Is A Registered Voter In The Ward In Which He Intends To Contest The Election;

(7)     He Has Been Nominated By 10 Registered Voters In His Ward.

(8)     He Pays To The Commission Non-Refundable Processing Fee.

 

3.       DISQUALIFICATION OF COUNCILLOR

 

(1)     A person shall not be qualified to hold the office of Councillor if:

           (a)      he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country;

          (b)       under any Law in force in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of  unsound mind;

          (c)       he is under a sentence of death imposed on him by any court of law or tribunal in Nigeria or a sentence of imprisonment for an offence involving dishonesty or fraud (by whatever name called) imposed on him by such a court or substituted by a competent authority for any  other sentence imposed on him by such a court;

          (d)       he has been found guilty of contravention of the code of conduct as prescribed by the Code of  Conduct for Public Officers in the fifth schedule of Constitution of the Federal Republic of Nigeria;

         (e)        he is an undischarged bankrupt under any Law in force in any part of Nigeria;

         (f)         he is a person employed in the Public Service or Civil Service of the Federation or of any State, or of any Local Government Council and has not resigned, withdrawn or retired from such employment thirty days before the date of election;

         (g)        he is a member of a Secret Society;

         (h)        he has been indicted for embezzlement or fraud by a judicial Commission of inquiry or an                      Administrative Panel of inquiry Acts,

                     Tribunal of Inquiry Law of any State Government, which indictment has been accepted by such Federal, State or Local Government;

         (i)         he has presented a false Certificate to the Electoral Commission;

         (j)         he has committed perjury.

 

(2)     Where in respect of any Person who has been: -

           (a)      Adjudged to be Lunatic; or

           (b)      Declared to be of unsound mind; or

           (c)      Sentence to death or imprisonment; or

           (d)      Adjudged or declared bankrupt,

 

An appeal against the decision is pending in a Court of Law in accordance with a Law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when the 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, which ever is earlier.

 

4.       NOMINATION:

            (1)     In the Local Government Elections the only candidates acceptable to Akwa Ibom State Independent Electoral Commission shall be those sponsored by the registered Political Parties. The Political parties will submit to Akwa Ibom State Independent Electoral Commission names and personal particulars of candidates they sponsor in Forms LGE 001, and another list of the sponsored candidates  in Form LGE 002. These forms are supplied by Akwa Ibom State Independent Electoral Commission.

          (2)        Political Parties will ensure that Form LGE 001 is submitted in a file folder containing:

                       (i)       Two colour passport photographs; and

                       (ii)      Photocopies of the following additional documents in respect of each candidate sponsored                                   by the parties

                       (1)      Curriculum Vitae

                       (2)      Letter of disengagement from the last employment

                      (3)       Tax receipts or tax Clearance Certificate showing evidence of tax payment as and when                                   due for the past three years  before the date of Election.

                      (4)       Birth Certificate or affidavit of declaration of age.

                      (5)       Voter’s Registration Card

                      (6)       Party Membership Card

                      (7)       Educational qualifications.

 

5.       COLLECTION AND RETURN OF COMPLETED NOMINATION FORMS:

 

            (1)     Candidates whose names have been submitted by the Political Parties as specified in paragraph 4 above will collect the nomination forms from the Commission’s Headquarters at 205 Oron Road, Uyo. They will immediately complete and return the nomination forms thereto together with an Affidavit sworn to by the candidate at the High Court of the State, indicating that he has fulfilled all the constitutional requirements for election into the office of the Councillor.

            (2)     The decision of the Commission as to the qualification or disqualification of a candidate for an  election may be challenged by a candidate. (Section 21 (8) of Electoral Act 2002.

 

6.       POLITICAL PARTIES CHANGING CANDIDATES:

 

             A Political Party that wishes to change any of its candidates for the election may signify its intention in writing to the Commission not later than 30 days to the date of Election.

 

7.       WITHDRAWAL OF CANDIDATE

 

            (1)     A candidate may withdraw his candidature by notice in writing signed by himself to the Politicalparty that nominated him for the election, and the Political Party shall convey such withdrawal to theCommission. Such withdrawal shall only be allowed not later than 14 days to the election.

            (2)     Where a candidate withdraws as provided above, his political party shall be allowed to nominate another candidate.

 

8.       POLLING AGENTS:

            All Political Parties may, by notice in writing, signed and addressed to the Electoral Officer of the Local  Government Area, appoint  Polling Agents and Counting Agents to attend at each Polling Station and collation centre in the Local Government Area for which they have candidates, and the notice shall set out the names and addresses of the Polling agents or Counting Agents as the case may be, and be given to  the Electoral Officer before the date fixed for the election.

 

9.       CAMPAIGN FOR ELECTION

            A candidate and his party shall campaign for the election in accordance with the following rules and  regulations;

           (1)      Candidate will campaign in the Ward / Constituency in which he stands the election.

           (2)      Electioneering campaign for 27th March, 2004 Local Government election shall end on Thursday, 25th March, 2004.

           (3)      Not more than one Political Party shall hold Political Rally in one location on the same day and at  the same time.

           (4)      Political Rallies shall not be extended beyond 6.00pm.

           (5)      Campaign shall be devoted to manifestos and programmes of the Political Parties and candidates.

           (6)      Abuse and personal attacks on opponents must be avoided.

           (7)      Thugery and violence in whatever form must not be practiced or encouraged by candidates.

 

10.     PROCEDURE AT ELECTION

            (1)     Voting in the Local Government Council election shall be by open-secret ballot.

            (2)     If after the expiration of time for the delivery of nomination papers and withdrawal of candidates for                      election of Councillor only one candidate remains duly nominated, that candidate shall be declared                      returned unopposed.

 

         (3)     If after the expiration of time for the delivery of nomination papers and withdrawal of candidates for   election of councilors more than one candidate are duly nominated, a poll shall be taken.

         (4)     The Ward Returning Officer shall take delivery of all the Polling unit Result Forms elections from the                    Presiding Officers.

 

         (5)     He shall collate the votes entered in the polling unit Result Form using the Ward Collation Form for  the election.

 

         (6)     He shall enter the votes in both words and figure in the appropriate space in the Ward Collation  Form sign, and get the polling agents to sign too.

         (7)     He shall retain the original and distribute copies of  the Ward Collation Form to Polling Agents and  the Police, where available, at the Ward Collation Center.

         (8)     He shall enter the votes of each candidate in the Declaration of Result Form and declare the election result for the Ward.

         (9)     The candidate with majority of votes cast will be declared as duly elected.

11.     The decision of the Returning Officer in respect of an election under these Guidelines on any question  arising from or relating to

            (a)     Ballot

            (b)     Scores of candidates, or

            (c)      Return of a candidate, shall be final and subject to review only by an Election Tribunal in an election petition.

 

12.     A sealed certificate of Return at the election shall be issued to every candidate who has won the Local Government election.

 

 

 

AKWA IBOM STATE INDEPENDENT

ELECTORAL COMMISSION