Electoral Guidelines

1	There shall be Local Government Council General Elections as follows: (a) One councillor shall be elected for each of the wards in all the LGA in the State (b) A Chairman shall be elected for each of the Local Government Councils in the State.	Local Government Council Elections
2	A person shall be eligible to vote at the Local Government Council Election if: (a) he is a citizen of Nigeria; (b) he has attained the age of eighteen years, (c) he is ordinarily resident in the Ward of Local Government Area for a period of not less than twelve months prior to the date of election; or is an indigene of the Ward of Local Government Area; and (d) he is registered as a voter in the ward or Local Government Area, and has obtained a registration card to be presented atthe Polling Station or Unit on the day of the election; PROVIDED that where a person claims that his name is in the REGISTER of Voters for the Polling Unit but that his Registration Card is missing or has been destroyed, the Presiding Officer shall if: (i) the name of the person is found in the Register of Voters for the Polling Station or Unit; and (ii) he satisfies himself that the person has not voted earlier in that particular election and is not otherwise impersonating any other person, allow the person to vote.
3	A person shall not be qualified as a candidate to contest Local Government Elections if: - (a) he is under any law in force in any part of Nigeria, adjudged to be a lunatic or is otherwise declared to be of unsound mind; (b) he is under a sentence of death imposed upon him by any court or tribunal in Nigeria or a sentence of imprisonment for fraud (by whatever name called) or for any other offence (other than misdemeanour of simple offence) imposed on him by such courts or tribunal; (c) he has been found guilty of contravention of the code of conduct bureau and tribunal Act, 1989; (d) he has been found guilty of an offence involving narcotic drugs or other psychotropic substances under a law in force in Nigeria or elsewhere; (e) he has been adjudged guilty of economic sabotage against Nigeria, or of treason or treasonable felony or of disruption of Public peace or security of Nigeria or any part therein by any court of Law or Tribunal; (f) he has been dismissed from the Public Service of the Federation or a State or Local Government or Area Council or from an employment in the Private Sector; (g) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt, under any law in force in any part of Nigeria or any other country; (b) being a person employed in the Public or Civil Service of the Federation or of a State or of a Local Government or Area Council, he has not resigned, withdrawn or retired from such employment 30 days before the date of the election; (i) he is a member of a secret society; (j) he has been indicted for examination malpractice, including presentation of fbrged or false certificate; (1) he has been indicted for embezzlement of Public Funds or for bribery or fraud by a Tribunal or Panel of Inquiry under the Tribunal of Inquiry Act or the Recovery of Public Property (Special Military Tribunal’s) Act or the Review Tribunals(Implementation of Decisions) Act. (1) if he is not a registered voter in his ward.	Disqualification from contesting the elections
4	A person shall be qualified to contest the Local Government Council Election if: - (a) he is a citizen of Nigeria; (b) he has been educated up to at least the Secondary School Certificate Level or its equivalent; (c) in the case of Councillorship election, he has attained the age of 25 years; (d) in the case of Chairmanship election, he has attained the age of 35 years (e) he is ordinarily resident in the Ward or Constituency in which he intends to contest the election or is an indigene of that Ward or Constituency; (f) he produces evidence of tax payments as and when due for a period of 3 consecutive years immediately preceding the year of the election; (g) in the case of Councillorship election, he is nominated in writing by 10 persons whose names appear in the Register of Voters for the Ward in which he intends to contest the election; (h) in the case of Chairmanship election, he is nominated in writing by 10 persons coming from at least two-thirds of all the Wards in the Local Government Area where he intends to contest the election whose names appear in the register of voters for their respective wards; (i) in the case of Councillorship election, he makes to the Commission a payment of N20,000 (twenty thousand naira); (j) in the case of Chairmanship election, he makes to the Commission a payment of the sum of N50,000 (fifty thousand naira); (k) he is registered as a voter in the ward in which he intends to contest the election; (1) he is a registered member of a registered Political Party; and (m) in the case of the Candidate contesting as Chairman, he has been nominated from a Ward other than his own another Candidate as his associate who shall occupy the office of Vice- Chairman PROVIDED the provisions of the Law relating to qualifications and disqualifications of Chairman shall also apply to the Vice-Chairman; (n) where a person seeking to contest as a candidate is involved in a case that may lead to his being disqualified and the case is pending before a court or tribunal, he may stand as a candidate to the election pending the determination of the case, but if he is found guilty by the court or tribunal as the case may be, he shall; (a) withdraw from the election; and (b) if already elected cease to be a Councillor, Chairman or Vice-Chairman as the case may be FOR THE PURPOSE of these Guidelines, a person shall be deemed to be ordinarily resident in that place where he normally lives, sleeps and has his usual abode, whether or not he is an indigene of that place. (2) For the avoidance of doubt, a person who is ordinarily resident in a place outside his indigenous Local Government Area or outside his State of origin shall be eligible to vote in a place if he has been so ordinarily resident there for not less than 12 months prior to the date of the election.	Qualification for contesting an election
5	Subject to the provisions of any enactment, Candidates shall campaign in the Local Government Council Elections in the following manner: - (a) campaigns shall be within the Ward or Constituency in which a Candidate intends to contest the election; (b) campaigns shall not be allowed within 12 hours preceding the date of the election; (c) campaigns or addresses shall be devoted to outlining what the candidate intends to do for the people of his Ward; (d) campaigns or addresses shall not be carried out in Schools, Churches, Mosques or other religious places, Military or Police barracks or stations, public offices and any other places the Commission may forbid from time to time; (e) ampaigns or addresses shall not be based on sectional, ethnic or religious sentiments or prejudices; (f) bribery or other forms of inducement to voters, either directly or indirectly, shall be avoided by Candidates and their agents; and (g) abusive or vile or derogatory language shall not be used during campaigns or addresses.
6	(1) Voting shall be by open secret ballot and in accordance with the procedures laid down in these guidelines. (2) voting shall take place on the same day at the same time through-out the State, except in a bye-election as ordered by the Commission.	Voting by secret ballot
7	(1) Every registered Political Party shall between 22nd - 28th Jan, 2004 deliver to the Commission; In Form DSCF 001 and 002 the personal particulars of its candidates for the election as supplied by the candidates; accompanied by sworn Affidavit sworn to at the States High Court; in Form DSCF 002 a list of candidates the Political Party proposes to sponsor at the election. (2) The Commission shall on or before Friday 8th March - 12th March 2004 after Receipt of the list of Candidates and their personal particulars from The Political Parties, deliver to the Political Parties; (a) In Form DSCF 003 a list of candidates who are adjudged qualified to contest the elections; and (b) where applicable, in Form DSCF 004, a separate list of Candidates disqualified from contesting the elections.
8	Where a Candidate is rejected, the Commission shall allow the Political Party concerned an opportunity to substitute the Candidate with another Candidate, PROVIDED the substitution is made within the time allowed by the Commission for the purpose. Any person not satisfied with the decision of the Screening Committee regarding qualification or disqualification of a Candidate may appeal to the Commission for review, using Form DSCF 005 .The appeal shall be submitted to the Commission not later than 3pm Saturday 14th March, 2004.
	8(1) Every Candidate shall, before his nomination paper is delivered to the Commission, deposit or cause to be deposited with the Commission the sum specified herein before in these Guidelines, and shall at the time of delivery of the nomination paper produce and show to the Commission the official receipt for the sum. (2) No nomination shall be valid unless such is backed by the receipt for the deposit made in accordance with sub-paragraph (I) of this Paragraph. A candidate or any person nominating him shall obtain the nomination paper in Form DSEC 4F or DSEC 4G as the case may be, from the place appointed by the Commission for the purpose.	Non-refundable deposit Nomination Paper
9	A candidate may withdraw his candidature by notice in writing signed by him, and delivered by himself; or by one of the persons nominating him to the Commission not later than One 0’ clock in the afternoon of the fourteenth day before the election. Non-refundable deposit	Withdrawal of Candidate
10	If after the latest time for the delivery of nomination papers and before the commencement of the poll, a nominated sole candidate dies, the Electoral Officer shall, on being satisfied of the fact of the death, countermand the poll and appoint some other convenient date for the election.	Death of sole Candidate
11	If a nomination form signed by a candidate and by the persons nominating him is lodged in more than one ward or constituency, his candidature shall be void in each ward or constituency.	Invalidity of double Nomination
12	(1) If at the close of the nomination in an election to the office of Chairman only one candidate has been nominated, the Commission shall extend the time fixed for nomination or (b) candidate is the only candidate by reason of the disqualification, withdrawal, incapacitation, disappearance or death of other candidates, the Commission shall extend the time for nomination by 7 days; so, however, that where after the extension only one candidate remains nominated, there shall be no further extension (2) if after the latest time for the delivery of nomination papers, the withdrawal of candidates and the extension of time as provided in sub- paragraphs (I) (a) and (b) of this paragraph for election to the office of Chairman, only one candidate remains duly nominated, that candidate shall be declared returned unopposed.	Extension of time for nomination and uncontested election of the Chairman.
13	(1) A candidate for an election to the office of the Chairman shall be deemed to have been elected where, there being only two candidates for the election:- (a) he has a majority of the votes cast at the election; and (b) he has not less than one quarter of the votes cast at the election in each of at least two-thirds of all the wards in the Local Government Area. (2) A candidate for an election to the Office of Chairman shall be deemed to have been duly elected where there being more than two candidates for the election: (a) he has the highest number of votes cast at the election, and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the wards in the Local Government Area as the case may be. (3) If no candidate is duly elected in accordance with sub-paragraph (1) of this paragraph, there shall be a second election in accordance with sub-paragraph (4) of this paragraph at which the only candidate shall be (a) the candidate who scored the highest number of votes at the election held under sub-paragraph (2) of this paragraph and (b) the candidate who has the majority of votes in the highest number of wards, so however that where there are more than one candidate, the one among them with the highest number of votes cast at the election shall be the second candidate for the election. (4) The Commission shall within 30 days of the result of the election in which no candidate is duly elected under sub-paragraph (2) of this paragraph, arrange for another election between the two candidates shown at sub- paragraph (3) of this paragraph and a candidate shall be deemed duly elected if~ (a) he has a majority of the votes cast at the election, and (b) he has not less than one-quarter of the votes at the election in each of at least two-thirds of the wards in the Local Government Area. (5) If no candidate is duly elected under sub-paragraph (4) of this paragraph, the Commission shall, within 7 days of the result of the election, arrange for another election between the two candidates shown in sub-paragraph (3) of this paragraph, and a candidate at this last election shall be deemed duly elected, if he scores the majority of votes cast at the election. (6) For the purpose of an election under this paragraph, a Local Government Area shall be regarded as one constituency.	Contested election of Chairman
14	If after the latest time for the delivery of nomination papers and the withdrawal of candidates for an election to the office of Councillor, only one candidate remains duly nominated, that candidate shall be declared returned unopposed.	Uncontested election of Councillor
15	If after the latest time for the delivery of nomination papers and for withdrawal of candidates for an election to the office of Councillors; more than one person remains validly nominated, a poll shall be taken.
16	Where a candidate is declared returned unopposed, a certificate of return shall be issued to him by the Commission and the return shall be published along with the returns of other successful candidates at the election.	Issue of certificate of return to persons returned Unopposed.
17	Where no candidate remains nominated in any ward or constituency on the date appointed for the election, the Commission shall fix another date for the election.	Lack of nominated Candidate.
18	The result of the poll shall be ascertained by counting the votes cast for each candidate at the election.	Ascertainment of result of poll
19	(1) For every contested election under these Guidelines, a poll shall be taken and a Presiding Officer appointed by the Commission shall be in charge of each polling station or unit. (2) The Commission shall: (a) appoint sufficient number of polling stations or units in each ward or constituency in respect of which a poll is to be taken and allot the voters of the wards or constituencies to the polling stations or units.	Arrangement for contested election
20	(1) Each candidate may appoint one person to attend at each polling station or unit in the area for which he is a candidate for the purpose of detecting personation. (2) Notice in writing of the appointment of Polling Agents stating their names and addresses and the polling stations, or units to which they have been assigned, shall be given by the candidate to the Electoral Officer not later than two days before the day fixed for the election. (3) If a Polling Agent dies or becomes incapable of acting as a Polling Agent, the candidate may appoint another Polling Agent in his place, and shall forthwith give to the Electoral Officer notice in writing of the name and address of the Polling Agent so appointed.	Polling Agent
21	(1) The voting at an election shall be conducted in the following manner, that is- (a) every voter desiring to record his vote shall present himself to a Poll Clerk at the polling station or unit at which he is entitled to vote and the Poll Clerk shall after satisf~ring himself that the voter (i) is a person whose name appears on the register of voters provided for the polling station and (ii) has not already voted deliver to him ballot papers. (b) before delivering the ballot papers to a voter, the Presiding Officer may require the voter to submit to being searched by the Presiding Officer or a person directed by him for the purpose of ensuring that a ballot paper relating to the election is not in his possession and a voter who refuses to submit to a search shall not be entitled to receive the ballot papers. Contested election of Councillor (c) a female voter shall not be searched except by a female person, (d) for the purpose of satisf~ring the Poll Clerk as to his entitlement to vote, a voter shall produce to the Poll Clerk a registration card issued to the voter during registration of voters. (e) immediately before the Poll Clerk delivers the ballot papers to a voter: (i) the ballot papers shall be punched or stamped with an office stamp provided; (ii) the number, name, address and occupation of the voter as stated in the copy of the register of voters or part of the register of voters, shall be called out, (iii) the number of the voter in the register of voters shall be marked on the counterfoil, and (iv) a mark shall be placed against the number of the voter in the copy of the register of voters or part of the register of voters, to denote that the ballot papers have been received by the voters, but without showing the serial numbers of the ballot papers which have been received. (f) a Poll Clerk may, and if required by a candidate or a Polling Agent shall put to any person applying for ballot papers at the time of his application but not afterwards, the following questions or either of them: (i) “Are you the person whose name is on the register of the voters as follows”? (ii) “Have you already voted at the present election at this or any other polling station or unit?” (g) a voter shall, on receiving the ballot papers, go immediately into the screened compartment in the polling station or unit and there secretly record his vote by placing his thumbprint against the symbol of the candidate of his choice; (h) a voter shall, after recording his votes, come out of the screened compartment and put the ballot papers in the ballot box in full view of the Presiding Officer and all others present; (i) a voter shall not record more than one vote in favour of a candidate or place on a ballot paper any writing or mark by which he may be identified, (j) a voter who defaces a ballot paper issued to him shall deliver the defaced ballot paper to the Presiding Officer who shall promptly mark the ballot paper as cancelled and issue another ballot to the voter; (k) immediately after recording his vote, a voter shall submit to having the finger nail of his left thumb marked with ink sufficiently indelible to leave a mark for a period of approximately ten hours; (j) a voter who suffers from blindness or from any other physical disability may be accompanied by such friend or relative as he may choose who shall, after informing the Presiding Officer, be permitted in the presence of the voter alone to place the voter’s thumb print against the voter’s candidate of choice; (2) A vote shall not be recorded by a voter except by his attending in person at the polling station and recording his vote in accordance with this paragraph.	Conduct of Poll
22	(1) No voter shall be permitted to vote at a polling station or unit other than the one to which he is allotted. (2) The Presiding Officer shall regulate the admission of voters to the polling station or unit and shall exclude all other persons except candidates, Polling Agents, Polling Officers and other persons who in his opinion have lawful reason to be admitted.	Voter not permitted to Vote in polling station not allocated to him.
23	(1) If at the time a person applies for a ballot paper, or after he has so applied and before he has left the polling station, a Polling Agent declares to the Presiding Officer that he has reasonable cause to believe that the person has committed the offence of personating and undertakes to substantiate the charge in a court of law, the Presiding Officer may order a police officer to arrest. that person, and the Presiding Officer’s order shall be sufficient authority for the police officer so to do. (2) A person in respect of whom a Polling Agent makes a declaration in accordance with the provisions of sub-paragraph (1) of this paragraph shall not, by reason of the declaration, be prevented from voting but the Presiding Officer shall cause the words “protested against for personation” to be placed against his name in the marked copy of the register of voters or part of the register of voters. (3) Where a person against whose name the words specified in sub-paragraph (2) of this paragraph are placed admits to the Presiding Officer that he is not the person he held himself out to be, he shall not be permitted to vote if he has not already voted, and if he has already voted, the Presiding Officer shall make a note of the number of the ballot paper delivered to him and the count being taken that ballot paper shall be invalid. (4) A person arrested under the provisions of this paragraph shall be deemed to be a person taken into custody by a police officer for an offence in respect of which he may be arrested without warrant.
24	(1) If a person presenting himself to be a voter named in the register of voters applies for a ballot paper after another voter has voted as that person, the person shall, on giving satisfactory answers to the questions set out in the paragraph 21(1) herein before, be entitled, if he wishes, to receive a ballot paper in the same manner as any other voter. (2) A ballot paper, received under sub-paragraph (1) of this paragraph (in this paragraph referred to as a “tendered ballot paper”) shall, instead of being put into a ballot box (a) be given to the Presiding Officer and endorsed by him with the name of the voter and his number in the register of voters, and set aside in one of a number of separate packers, each of which shall correspond to and bear the same mark as one of the ballot boxes provided and shall not be counted by the Presiding Officer. (3) The name of the voter and his number on the register of voters shall be entered on a list to be called” the tendered voters list” and this list shall be admissible in any legal proceeding arising out of the election.	Tendered ballot paper
25	(1) The Presiding Officer shall ensure compliance with the provisions of this Law at the polling station or unit. Station (2) If a person misconducts himself in a polling station or unit, or fails to obey a lawful order of the Presiding Officer, the Presiding Officer may order the person to be removed from the polling station or unit by any police or by any other person authorised in writing by the Presiding Officer in that behalf. (3) A person so removed shall not without the permission of the Presiding Officer again enter the polling station or unit during the day of the election and if charged with the commission of an offence in that station, the person shall be deemed to be a person taken into custody by a police officer for an offence in respect of which he may be arrested without warrant. (4) The provisions of sub-paragraph (3) of this paragraph shall not be enforced so as to prevent a voter who is otherwise entitled to vote at a polling station or unit from having an opportunity of voting.	Conduct in the polling station
26	(1) When the proceedings at a polling station or unit are interrupted or obstructed by riot or violence, the Presiding Officer may adjourn the, proceedings till the following day and shall forthwith give notice of the adjournment to the Electoral Officer. (2) When the poll is adjourned at a polling station or unit the hours of polling on the day to which it is adjourned shall be the same as for the original day.	Adjournment of poll in of riot
27	When the prescribed hour for the closing of the poll has been reached, the Presiding Officer shall declare the poll closed and no more persons shall be admitted to the polling station or unit, but those persons already inside the polling station or unit shall be permitted to vote.	Closing of poll
28	(1) The Presiding Officer shall, after the close of poll, open the ballot box and Counting of votes empty its contents in the presence of the Polling Clerk, Poll Orderly, candidates or their agents and begin to count the votes with the ballot papers kept face upwards. (2) During the counting of votes all rejected ballot papers shall be put in a special envelope. (3) The votes scored by each candidate shall be entered in a statement of result Form DSEC. 6BA and form as in Form DSEC 6A (1) which shall be signed and stamped by the 6A (1) Presiding Officer and endorsed by the candidates or their agents, where available, at the polling station or unit. (4) The Presiding Officers shall give a copy of the statement of result form to the police officer, if any, at the polling station or unit and take the original copy to the Returning Officer at the Ward Collation Centre together with the ballot boxes, the relevant envelopes and all other election materials including the stamp, stamp pad and endorsing ink. (5) The result of the Councillorship election shall at the Ward Collation Centre Form DSEC 6B (1). be entered in Form DSEC. 6B (1) and announced by the Ward Returning Officer. (6) The result of Chairmanship election shall at the Ward Collation Centre be Form DSEC 6B entered in Form DSEC 6B by the Ward Returning Officer and taken to the Local Government Collation Centre. (7) The result of the Chairmanship election shall at the Local Government Form DSEC 6C Collation Centre be entered in Form DSEC 6C and announced by the Returning Officer. (8) Subject to sub-paragraph (9) of this paragraph, a ballot paper which does not bear the official mark shall not be counted. (9) If the Returning Officer is satisfied that a bet paper which does not bear the official mark was from a book of ballot papers which was furnished to the Presiding Officer of the polling station or unit in which the vote was cast for use at the election in question, he shall, not withstanding the absence of the official mark, count that ballot paper.	Counting of votes Form DSEC 6BA and 6A(1)
29	(1) The Presiding Officer shall endorse the word “rejected” on a ballot paper Endorsement by rejected under the provisions of paragraph 28 hereof and that ballot paper Presiding Officers shall not be counted. (2) If an objection to the decision of the Presiding Officer is made by a candidate or his agent, the Presiding Officer shall add to the endorsement the words “rejection objected to”	Endorsement of Presiding officers
30	(1) The Presiding Officer shall prepare a statement showing the number of ballot papersrejected and shall on request allow a candidate or his agent to copy the statement. (2) No candidate or his agent shall record the serial number of a rejected ballot paper which he sees during counting.	Statement of rejected ballot Paper
31	The decision of the Returning Officer to a question arising in respect of a ballot paper shall be final, and shall be subject to review only in an election petition questioning the election.	Returning Officer’s decision
32	A candidate or his agent may, if present at the Polling Station or Unit when the counting of votes is completed by the Presiding Officer, demand to have the votes recounted, but the Presiding Officer may refuse to do so, if, in his opinion, the demand is unreasonable.	Recount.
33	When there is an equality of votes between candidates so that the addition of a vote would entitle any one of the candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot and proceed as if the candidate on whom the lot falls had received an additional vote, and shall declare that candidate to be elected	Equality of votes.
34	The Returning Officer shall cause to be posted at the office of the Local Government Council concerned a copy of the notice of the result of the elections in the Local Government Area.	Publication of Result of election
35	The Returning Officer shall deliver all documents relating to the conduct of the election to the Chief Electoral Officer who shall ensure their safe custody.	Custody of document
36	A Poll Clerk may be authorised by the Presiding Officer to do an act which the Presiding Officer is required or authorised to do at a polling station or unit except that he may not order the arrest of a person, or the exclusion or removal of a person from the polling station or unit.
37	Where in this guidelines an act or a thing is required or authorised to be done by or in the presence of the agents of the candidates, the non-attendance of an agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise properly done, invalidate the act or thing done.	Non-attendance of agents not to invalidate Proceedings.
38	A sealed certificate of return at an election shall be issued to every candidate who has won an election.	Sealed certificate of return to be issued to Successful Candidates.
39	(1) Disputes arising from the elections shall be resolved through an election petition brought before an Election Tribunal which shall be duly established for the purpose. (2) Election petitions shall be presented within one month from the date on which the election is held.	Resolution of election disputes.

NOTE: These guidelines apply generally to Local Government General Elections in the State.

HON. JUSTICE J. OMO-AGEGE CJ (rtd).
Chairman Delta State Independent Electoral Commission