Edo SIEC


A LAW TO REGULATE THE CONDUCT OF
LOCAL GOVERNMENT ELECTIONS AND
OTHER PURPOSES CONNECTED
THIEREWITH

1. The conduct of Local Government Elections shall be under the direction and supervisions of the State Independent     Electoral Commission and in accordance with the provision of the constitution of the Federal Republic of Nigeria, 1999     this Law (Local Government Electoral Law 2002) and any other regulations and guidelines.

PERSONS ELIGIBLE TO VOTE

2.1      A person shall be eligible to vote in any Local Government Election if:
           (a)   he is a citizen of Nigeria and has attained the minimum age of eighteen years;

            (b)   he has been or is ordinarily resident in the Local Government Area for a period of not less than twelve months                     prior to the date of election;

                    PROVIDED THAT any indigene/resident of a Local Government Area who is ordinarily resident outside his                     Local Government Area of his ordinary residence and not his indigenous local Government Area; and
           (c)     he is registered as a voter in the ward or Constituency of his ordinary residence in the Local Government Area                     and has obtained a registration card to be presented at the polling station on the day of the election.

 2.2      Notwithstanding the provision of Sub-section (1) of this section, the following persons shall not be qualified to vote             at an election, that is to say;

            (a)   the Chairman and other members of the Commission;
            (b)   the Secretary to the Commission;
            (c)   the Electoral officers and Assistant Electoral officers;
            (d)   the Returning officers and the Assistant Returning officers for each ward or Constituency;
            (e)   the presiding officer of each polling station; and
            (f)    all other officers charged with the conduct of elections in the field.

QUALIFICATION FOR CHAIRMAN

3.         A person shall be qualified for election for the office of Chairman of Council if:
            (a)   he is a citizen of Nigeria by birth;
            (b)   he has attained the age of 30 years;
            (c)   he is a member of a political party and is sponsored by that political party and
            (d)   he has been educated up to at least school Certificate level or its equivalent.

QUALIFICATION FOR COUNCILLOR

4.        A person shall be qualified as Councillor of Council if:
           (a)   he is a citizen of Nigeria by birth;
           (b)   he has attained the age of 25 years;
           (c)   he is a member of a political party and is sponsored by that political party; and
           (d)   he has been educated up to at least school Certificate level or its equivalent.

DISQUALIFICATION

5.1.    A person shall not be qualified as a candidate to contest any Local Government Elections unless:
          (a)   he is sponsored by a registered political party;
           (b) (i)    he is an indigene;
                 (ii)   he is ordinarily resident in the ward or
                        Constituency in which he is contesting an election for a period of not less than twelve months prior to the                         date of the elections
           (c)  he produces evidence of tax payments as and when due for the period of three years immediately preceding the                  year of the elections;
           (d)  he has been nominated by ten (10) registered voters in his ward in the case of candidate contesting as councillor                   and nominated by twenty (20) registered voters in his Constituency and spread over (2/3) two thirds of all the                   wards in that constituency in the case of candidate contesting as Chairman.
           ( e)  in the case of a candidate contesting as a Chairman of the Local Government Council, he has made a non                   refundable deposit of 20,000.00 naira to the Commission;
           (f)   in the case of a candidate contesting as a councillor, he has made a non-refundable deposit of Ni 0,000.00 to                   the Commission;
           (g)   in the case of a candidate contesting as a chairman of the Local Government Council, he has paid to the                   Commission a non-refundable screening deposit of N200,000.00 (Two Hundred Thousand Naira).
          (h)   in the case of a candidate contesting as councilor he has paid to the commission a non-refundable screening                  deposit of l00,000.00naira (One hundred thousand Naira).
         (i)     in the case of a person employed in the public service of the Federation or of any state and has not resigned,                  withdrawn or retired from such employment thirty days before the date of election.

5.2    where a person seeking to contest as a candidate is involved in a case that may lead to his being disqualified from          holding public office and the case is pending before a court or tribunal, he may stand as a candidate in 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          withdraw from the election and if already elected, he shall cease to be a Councillor or Chairman, as the case my be.

ORDINARY RESIDENCE

6.     For the purposes of this law, a person shall be deemed to be ordinarily resident only in that place where he normally         lives, sleeps and his usual abode, whether or not the said place is in the Local Government of origin.

CAMPAIGNS FOR ELECTIONS

7.1   Candidates and their parties shall campaign for the election in such manner and in accordance with such guidelines as         may be determined from time to time, by the Commission;

7.2   It shall be an offence punishable under this law for any candidate' or his agent to base his campaign or address on         sectional, ethnic or religious differences;

7.3   Any candidate who commits an offence under this section shall be disqualified from the election.

DATE OF LOCAL GOVERNMENT ELECTION


8.    Elections to all the local Government Council shall be held on the same date throughout the state.

VOTING

9.1   voting shall be carried out within the same time throughout the state.

9.2   voting shall be by open secret ballot.

9.3   A candidate or an agent who offers bribes to the voter directly or indirectly either by paying money to them or         providing inducement, unsolicited services or treating them to parties during voting, commits an offence under the state         Electoral law.


REQUIREMENT OF SECRECY


10.1 No person shall
        (a)    interfere with any voter when recording his vote;
        (b)    otherwise obtain or attempt to obtain in the place of voting, information as to the candidate for whom a voter in                 that place is about to vote or has voted;
        (c)    communicate at any time to any person any information obtained in a place of voting as to the candidate for                 whom a voter in that place is about to vote or has voted.
10.2  If any person contravenes any of the provisions of this section, he shall be guilty of an offence and liable upon          conviction to imprisonment for a term not exceeding six MONTHS or to a fine not exceeding N500.00 or to both          imprisonment and fine.

CORRUPT PRACTICES

11.1   If any corrupt practice is committed by any candidate elected at an election held under the provision of this law, the           election of such candidate shall be invalid if the offence is proved in an electoral tribunal.

11.2   the expression 11corrupt practice as used in this law, means any of the following offences;
          (a)   Impersonation
          (b)   treating;
          (c)   undue influence
          (d)   bribery;
          (e)   thuggery, or
          (f)    aiding, abetting, counseling or procuring the Commission of any of the aforesaid offences.

11.3   A corrupt practice shall be deemed to be committed by a candidate if it is committed with his knowledge or consent           or with the knowledge or consent of a person who is acting under the specific authority of such candidate with           reference to the election.

PERSONATION AND PUNISHMENT FOR IMPERSONATION

12.1  Any person who at an election applies for a ballot paper in the name of some other person, whether name be the          name of a person living or dead, or of fictitious person, or who having voted once at any such election, applies at the          same election for a ballot paper in his own name or in the name of any other person, living or dead, or of a fictitious          person shall be guilty of the offence of impersonation.

12.2  Any person who, at an election, voted in the name of some other person whether that name be the name of a person          living or dead, or of a fictitious person, or who having voted once at any such election votes a second time in his own          name, or in the name of any other person living or dead or of a fictitious person shall be guilty of the offence of          impersonation.

12.3  Every person who is guilty of impersonation or aiding, abetting, counselling, or procuring the Commission of the          offence of impersonation, shall be liable on conviction to a term of imprisonment not exceeding three months or to a          fine of not exceeding N1,000.00 or such imprisonment or fine.

12.4  A person charged with the offence of impersonation shall not be convicted except in accordance with the provision of          the Evidence Act.

PERSON TO BE DEEMED GUILTY OF TREATING

13.   The following persons shall be deemed guilty of treating;

        (a).  every person who corruptly, by himself or by any other person, either before, or during, directly or indirectly                gives or provides, or pays wholly or in part the expense of giving or providing any food, drink, entertainment or                provision to or for any person for. The purpose of corruptly influencing that person or any other person to vote,                or refrain from voting at such election or on account of such person or any other person, having voted or refrained                from voting at such elections; and
        (b)  every voter who corruptly accepts or takes any such food, drink, or entertainment.

UNDUE INFLUENCE

14.   Every person who directly or indirectly, by himself or by any other person on his behalf make use of or threatens to         make use of any force, violence, or restraint, or inflicts or threatens to inflict by himself or by any other person, any         temporal or spiritual injury, damages, harm or loss upon or against any person in order to induce or compel a person         to vote or refrain from voting, or on account of such person having abduction, duress, or any fraudulent device or         contrivance impeded or prevents the free use of the vote by any voter or thereby compels, induces or prevails upon         any voter either to give or refrain from giving his vote at any election shall be guilty of undue influence.

PERSONS TO BE DEEMED GUILTY OF BRIBERY

 

15.   The following persons shall be deemed guilty of bribery:

        (a). every person who, directly or indirectly by himself or by any other person on his behalf, gives, lends, or agrees to                give or lend, or offers, or promises to procure any money or valuable consideration to or from any voter, or to or               for any other person, in order to induce any voter to vote or refrain from voting, or corruptly does any such act as               aforesaid on account of election.
       (b)  every person who directly or indirectly, by himself or by any other person on his behalf, corruptly gives or               procures, or promises to procure or to endeavour to procure, any office, place, employment to or for any voter or               to or for any person, in order to induce such voter to vote or refrain from voting or corruptly does any such act as               aforesaid on account of any voter having voted or refrained from voting, at any election;
       (c)  every person who directly or indirectly, by him-self or by any other person on his behalf; makes any gift, loan,              offer, promise, procurement or agreement to or for any person or community in order to induce such person or              community to procure, or to endeavour to procure, the return of any person as a member of a Local Government              Council or the vote of any voter at any election;
      (d)  Every person who, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement,              procures, or engages, or promises or endeavours to procure, the return of any person as a member of a Local              Government Council or the vote of any voter at any election;

       (e) Every person who advances or pays, or causes to be paid any money to or for the use of any person, with the             intent that such money, or any part thereof; shall be expended in bribery at any election, or who knowingly pays or             causes to be paid, any money to any person, in discharge or repayment of any money wholly or in part expended in             bribery at any election;

       (f) Every voter who before or during any election, directly or indirectly by himself or by any other person on his behalf;            receives, agrees or contracts to receive any money, gift, loan or value able consideration, office, place or            employment, for himself or for any other person for voting or agreeing to vote or for refraining from voting at any            election;

      (g) Every person who, after any election, directly or indirectly, by himself or any other person on his behalf; receives            any money or valuable consideration on account of any person having voted or refrained from voting, of having            induced any other person to vote or refrain from voting at any election.


PUNISHMENT FOR BRIBERY, TREATING AND UNDUE INFLUENCE

16.   Every person who is guilty of bribery, treating, or undue influence, or aiding, abetting, counselling or procuring the         commission of any of those offences, shall be liable on conviction to imprisonment for a term not exceeding 3 months         or to a fine not exceeding N1,000.00.

OFFENCES IN RESPECT OF NOMINATION PAPERS, BALLOT PAPERS, BOXES, ETC.

17.1  Every person who:
         (a)    forges or fraudulently defaces or fraudulently destroys any nomination paper, knowing the same to be forged;
         (b)   signs nomination paper as a candidate in more than one ward or constituency;
         (c)   forges or counterfeits or fraudulently destroys any ballot paper or the official mark on any ballot paper or any                 statement of result
        (d)   without due authority, supplies any ballot paper to any person;
        (e)   fraudulently puts into any ballot box any paper which he is not authorized by law to put in;
        (f)    fraudulently takes out of the polling station any ballot paper;
        (g)   without due authority, destroys, takes, open or otherwise interferes with any ballot box or packet of ballot papers                then in use for the purpose of the election;

       (h)   tampers, with results and electoral materials that may be useful in case of election petition shall be guilty of an               offence under this law.

17.2  Any attempt to commit any offence specified in this section shall be punishable in the same manner in which the          offence is punishable.

17.3  In any prosecution for an offence in relation to the nomination papers, ballot boxes, ballot papers and the marking          instruments at an election held under this law, the property in such papers, boxes and instruments, as well as the          property in the counter foils may be stated to be in the officer charged with the conduct of such election.

17.4 A person guilty of an offence under this section shall be liable on conviction to imprisonment for a term not exceeding         3 months or a fine of N1,000.00 or to both such imprisonment or fine.

PUNISHMENT OF PERSON GUILTY OF CERTAIN ILLEGAL PRACTICES

18.   Every person who:
        (a)   Votes, or induces or procures any person to vote at any election, knowing that he or such person is prohibited by                 this law or by any other law, from voting at such election; or
       (b)    Before or during an election; knowingly or recklessly publishes any false statement of the withdrawal of a                candidate, at such election for the purpose of promoting or procuring the election of another candidate, shall be                guilty of an offence and shall be liable on conviction to a fine of 20,000.00 naira or to imprisonment for one year               or to both such fine and imprisonment.

VOTING WHEN NOT REGISTERED

19.   Any person who willfully votes at a Local Government Election in a Ward or Constituency in respect of which his         name does not appear on the register of voters shall be guilty of an offence and shall be liable on conviction to         imprisonment for a term not exceeding twelve months or to a fine of N1,000.00 or to both such fine and         imprisonment.

FRAUDULENT USE OF BALLOT PAPER

21.1   Any person who, having been issued with a ballot paper in polling station, takes that ballot paper out of the polling           station shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3           months or to a fine of N500.00 or to both such imprisonment and fine.

21.2   Any person who at an election, bring into a polling station a ballot paper relating to the election issued to another           person shall be guilty of an offence and shall be liable on conviction to imprisonment for 6 months or to a fine of          Nl,000,00 or to both such imprisonment and fine.

21.3  If the Presiding Officer in a polling station has reason to suspect that any person who has been issued with a ballot          paper, and is about to leave a polling station, has the ballot paper in his possession, the Presiding Officer or any          person acting under his directions may search such person.

DISORDERLY CONDUCT AT ELECTIONS

22.    Any person who at any Polling Station or place being used for the counting of votes, acts or incites others to act in a          disorderly manner shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not          exceeding one year or to a fine not exceeding N10,000.00 or to both such imprisonment and fine.

POLLING DAY OFFENCES

23.1   No person shall, on the date or dates upon which a poll is taken in an election in respect of a Local Government           Council.

         (a)     Convene, hold or attend any public meeting in that Local Government Area; or
         (b)     Operate any megaphone, amplifier or public address apparatus in that Local Government Area for the purpose                    of making announcement concerning the election.

23.2  No person shall on the date or dates on which a poll is taken at any polling station commit any of the following acts         within the polling station or in any public or private place within a distance of two hundred meters of the polling station.

        (a)   Canvassing for vote;
        (b)   Soliciting the vote of any voter;
        (c)   Persuading any voter to vote for a particular candidate;
        (d)  Persuading any voter not to vote at the election;
        (e)  Wearing, exhibiting or tendering any notices, sign, token, symbol, slogan, badge, photograph or party card               referring to the election; or
        (f)  Shouting slogan concerning the election.

23.2  No person shall bring alcoholic liquor into a polling station or a place being used for the counting of votes or shall          consume alcoholic liquor in any such place.

23.4  Any person who contravenes the provisions of the Law shall be guilty of an offence and shall be liable on conviction          to a fine of N5,000.00 or to imprisonment for one year or to both such fine and imprisonment.

OFFENCES IN RELATION TO COUNTING OF VOTES

24. Any candidate or agent who records the serial numbers or a rejected ballot paper shall be guilty of an offence and liable       on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding N500.OO or to both fine       and imprisonment.

DISTURBANCES AT ELECTION MEETINGS


25.  Any person who at lawful public meeting to which this section applies:
       (a)    act or incites another to act in disorderly manner
               for the purpose of preventing the transaction of the business for which the meeting was called; or
      (b)    has in his possession any offensive weapon or missile, shall be guilty of an offence and liable on conviction to a fine               of N5,000.00 or imprisonment for 3 years or to both such fine and imprisonment.

CONVICTION OF DISQUALIFYING OFFENCE TO BE REPORTED ETC

26.1   Where a person is convicted of an offence against any of the provisions of this law disqualifies him from being elected            as a member of a Council, the court by which he was convicted shall send to the Commission the judgment of the            appeal.

26.2   Any attempt or conspiracy to commit any offence specified in this law shall be punishable in the same manner as the           offence.

26.3   Any offence committed under this law shall be triable in the magistrate's court of the state

26.4  Any prosecution under this law shall be undertaken by the Attorney-General of the state.

PROCEDURE AT ELECTIONS

NOTICE


1.      Not less than 90 (ninety) days before the date specified for holding of the elections, the Commission shall publish a          notice.
        (a)    stating the date of the elections
        (b)    appointing the place at which nomination papers are to be delivered.

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

LIST OF CANDIDATES

2.1   Every registered political party shall, on such day as may be directed by the Commission before the date appointed for         the Local Government elections, deliver the complete list of the names and other relevant particulars of the candidates,         the party proposes to sponsor for elective offices in respect of all the election (or such number thereof as the party         intends to contest) to the Commission

2.2.  The Commission shall not later than 14 days before election deliver to the political party a list containing the names of         candidates who are qualified for elections under the provisions of this law and, where appropriate, a separate list of         those rejected by the Commission and in the case of those so rejected, the Commission shall
        (a)   state in writing the grounds for such rejection; and
        (b)   afford the political party concerned an opportunity, subject to the other provision of this law, of substituting                another candidate for each one so rejected.

2.3  If after 14 days political party is not informed within the specified period of the disqualification of its candidates, all the        candidates names in such list shall be deemed qualified or approved by the Commission.

NOMINATION OF CANDIDATES

3.1   Every candidate shall be nominated in writing by ten persons whose names appear on the register of voters for the         ward or constituency in respect of which an election is to be held. The nomination list shall contain the following         particulars:
        (a)   the name, address and occupation of the candidate;
        (b)   the name, address and occupation of the nominator of the candidate;
        (c)   a certification by the candidate that he is willing and qualified to stand for election; and
        (d)   a certification by the registered political party sponsoring the candidate.

3.2   No person shall subscribe as a nominator of more than one nomination paper for the same position at the same         election and, if he does, his signature shall be in operative on any second or subsequent paper which he subscribes as         a nominator.

3.3   No person who has subscribed a nomination paper as a nominator may, so long as the candidate stands nominated,         withdraw his nomination.

3.4   A candidate for any election who so desires may deliver along with the nomination paper such number of posters         containing his photograph and the symbol of the political party sponsoring him.

VALIDITY

4.   Every candidate shall before his nomination paper is delivered to the Electoral Officer, deposit or cause to be deposited       the sum specified in the State Electoral Law and the amount specified for screening and shall at the time of the delivery       of his nomination papers produce to the Electoral Officer the official receipts for the said sums of money and no       nomination shall be valid unless such sums of money are deposited and the receipts for the sums of money produced in       the manner required by this paragraph.

VALIDITY OF NOMINATION

5.1   When any nomination paper is delivered and the deposits are made in accordance with this law, the candidate shall be         deemed to stand nominated unless and until the Electoral Officer decides that the nomination paper is invalid or proof         is given to the satisfaction of the Electoral Officer of the candidate's death, or he withdraws his candidature as         specified in paragraph 7 or 8 below:

5.2  The. Electoral Officer shall be entitled to hold the nomination paper invalid only on one or more of the following        grounds:
       (a)   that the particulars of the candidate or his nominators are not as required by law; or
       (b)  that the paper is not signed as required by law; or
       (c)  that the candidate has been nominated in more than one ward or constituency; or
       (d)  that the nominators of the candidate or one or any of them are not persons whose names appear on the register of              voters in respect of the appropriate ward or constituency; or
       (e)  that the candidate is disqualified under the provisions of section 6 (six) of this law.

5.3  The Electoral Officer's decision that the candidate has been validly nominated shall be final.

PUBLICATION OF STATEMENT OF PERSONS NOMINATED

6.  The Electoral Officer shall publish by displaying it or causing it to be displayed at the place or places appointed for the      delivering of nominated papers and in such other manner as he may think fit, a statement of the full names of all persons      standing nomination and of the persons nominating them with their respective addresses and occupations.

WITHDRAWAL OF CANDIDATES

7.   Any candidate may withdraw his candidature by notice in writing signed by him and delivered by himself, or one of the       persons nominating him to the Electoral Officer and his party before the election.

INVALIDITY OF DOUBLE NOMINATION

8.   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.

METHOD OF ELECTIONS OF COUNCILLORS

9.1  If after the latest time for the delivery of nomination papers and for the withdrawal of candidates for election to the        office of councillor, more than one person remains validly nominated, a poll shall be taken in accordance with the        provisions of this schedule.

9.2  If; after the latest time for the delivery of nomination papers and the withdrawal of candidates only one person remains        validly nominated, that person shall be declared elected.

9.3  Where a person is declared elected under the provisions of sub paragraph (2) of this paragraph, a certificate of result         shall be issued and delivered and the result of the election shall be published.

9.4  Where no candidate remains nominated in any Ward or Constituency upon the date appointed for the election, the        Electoral Officer shall inform the Commission who shall fix a date for another election.

ASCERTAINMENT OF POLL RESULT

10.  The result of the votes at the poll shall be ascertained by counting the votes given to each candidate and the candidate        to whom the majority of votes has been given, shall be declared elected.

ARRANGEMENT FOR CONTESTED ELECTION

11.1 When a poll has to be taken the Commission shall appoint from among Poll Clerks appointed by the Commission, a          person to be in charge of each Polling Station to be known as the Presiding Officer.

11.2 When a poll has to be taken, the Commission shall:
         (a)   appoint a sufficient number of Polling Stations in each Ward or Constituency in respect of which a poll is to be                 taken and allot the voters of those wards or constituencies to the Polling Stations;
         (b)  assign in respect of each Polling Station to assist at the taking of the poll, Poll Clerks appointed under paragraph                4 of the First Schedule to this law;
         (c)  ensure that in each Polling Station there is a compartment in which voters can record their votes screened from                observations;
         (d)  furnish each Presiding Officer with such number of ballot boxes and ballot papers as may be necessary.
         (e)  provide each polling station with instruments for making an official mark on the ballot papers, with ink of a                distinctive colour, and with copies of the register of voters for the ward or constituency, or such part thereof as                contain the names of the voters allotted to vote at the polling stationing; and
       (f)    do such other acts and things as may be necessary for conducting the election in the manner provided in this law.

11.3 The Commission shall appoint at least one Polling Station in respect of each ward or constituency in which the election          is to be held and shall allot the voters of the ward or constituency to the appropriate Polling Station.

FORM OF BALLOT PAPER

12.   Every ballot paper shall be a printed paper on which the symbol adopted by the party and duly registered as         prescribed by law shall be clearly set out and there shall be blank space at the right side of the said symbol on which a         thumb impression conveniently be made and each such ballot paper shall:
        (a)   have a serial number printed or stamped on its back; and
        (b)   be attached to a counterfoil bearing the same serial number as printed or stamped in the back of the ballot paper.

POLLING AGENT

13.1   Each party may appoint two persons (hereinafter referred to as "Polling Agents") to attend at each station in the area           for which it presents a candidate for the purpose of detecting personifications.

13.2   Notice in writing of the appointment stating the names and addresses of the Polling Agents together with the Polling           Stations to which they have been assigned shall be given by the party to the Electoral Officer not later than three days           before the day fixed for the elections.

13.3   If any Polling Agent dies or becomes incapable of acting as such, the party 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.

NOTICE OF POLL

14.   The Electoral Officer shall on or before the sixth day before the day of elections, cause to be published in every Ward         or Constituency in which the election is to be held, in such manner as he may think fit, a notice specifying:
        (a)    the day and the place fixed for the poll;
        (b)    the full names, arranged in the alphabetical order of their surnames, place of residence and occupation of each                 candidate remaining nominated; and
        (c)    the location of the polling stations in the Ward or Constituency and an indication of the persons entitled to vote                  thereat.

CONDUCT OF POLL

15.1   The voting at an election shall be conducted in the following manner:
          (a)    every voter desiring to cast his vote shall present himself to a Poll Clerk at which he is entitled to vote and the                   Poll Clerk, after satisfying himself that such voter is a person whose name appears on the register of voters                   provided for the Polling Station and that he has not already voted, shall deliver to him ballot papers and ballot                   envelopes;
         (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, if the voter shall not submit to a search, he shall not be                   entitled to receive the ballot papers;
         (c)    a female voter shall not be searched except by a female.
         (d)    for the purpose of satisfying the Poll Clerk as to his entitlement to vote, a voter shall produce to the Poll Clerk a                   registration card issued to the voter by INEC, during the last registration or revision exercise preceding the                   voting.
        (e)      immediately before the Poll Clerk delivers the ballot papers to a voter:

                  (i)     the ballot papers shall be punched or stamped with an official stamp provided;
                  (ii)    the number, name, address and occupation of the voter as stated in the copy of the register of voters or                           part thereof; shall be called out;
                  (iii)   the number of the voter in the register of voters shall be marked on the counterfoils and
                  (iv)  a mark shall be placed against the number of the voter in the copy of the register of voters or part thereof;                          to denote that ballot papers have been received by the voter 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 voters as follows ?" (reading the copy of the entry in the                       register);
                (ii)  have you already voted at the present election at this or any other Polling Station?

        (g)    a voter on receiving the ballot papers shall go immediately into the screened compartment in the polling station,                 and shall there secretly cast his vote by placing his thumb print against the symbol of the party of his choice
        (h)    a voter shall after receiving his votes put the ballot papers in the envelopes supplied with the ballot papers and                 after coming out of the screened compartment put the envelope 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 any candidate nor place on the ballot 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 such ballot paper as cancelled and issue another ballot paper to the voter;

       (k)    immediately after recording his vote, a voter shall submit to having the finger nail of his right thumb marked with                 ink sufficiently indelible to leave a mark for a period of approximately ten hours;

       (l)    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 thumbprint against the voter's candidate of choice.

15.2  A vote may not be recorded by a voter except by his affending in person at the Polling Station and recording his vote           in accordance with this paragraph.

ALLOCATION OF POLLING STATION: ADMISSION THERETO

16.1 No person shall be permitted to vote at any Polling Station other than the one to which he is allotted.

16.2  The Presiding Officer shall regulate the admission of voters to the Polling Station; and shall exclude all other persons          except candidates, Polling Officer and any other persons who in his opinion has lawful reason to be ad-miffed.

PERSONATION

17.1   If at the time a person applies for a ballot paper after he has so applied and before he has left the polling station, the           Presiding Officer has reasonable cause to believe that the applicant has committed the offence of personation the           Presiding Officer may order a police officer to arrest such person, and the Presiding Officer shall be sufficient           authority for the Police Officer so to do.

17.2   Any 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 a warrant.

CONDUCT IN POLLING STATION

18.1   The presiding Officer shall ensure compliance with the provisions of this Law at the Polling Station.

18.2    If any person misconducts himself in a polling station, or fails to obey any lawful order of the Presiding Officer, he            may, by order of the Presiding Officer, be removed from the polling station by any Police Officer, or by any other            person authorized in writing by the Presiding Of~icer in that behalf.

18.3   Any person so removed shall not, without the permission of the Presiding Officer, again enter the polling station           during the day of the election and if charged with the Commission of an offence in such 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.

 

HONOURABLE CHAIRMAN,
Edo State Indepnedent Electoral commission
Heaquarter Office
Benin City, Edo State

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