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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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