A 73

Kaduna State of Nigeria Gazette No. 21 Vol. 37. 24^th December, 2003 Supplement – Part A

I assent this 23rd day of December, 2003.

ALHAJI AHMED MOHAMMED MAKARFI,

Executive Governor of Kaduna State

Law No. 15 2003

Kaduna State of Nigeria

A LAW TO PROVIDE FOR THE CONDUCT OF LOCAL

GOVERNMENT COUNCIL ELECTION IN KADUNA

STATE

[23rd December, 2003] Date of

Commencement.

BE IT ENACTED by the Kaduna State House of ^Enactment.

Assembly as follows:

PART 1

PRELIMINARY

1. This Law shall be cited as the Conduct of Local ^{Short Title}. Government Election Law, 2003.

2. This Law shall come into operation on the 23rd ^Commencement.

day of December, 2003.

3. In this Law, unless the context otherwise ^{interpretation.}

Requires:

“Action” means a Civil proceeding commenced by petition or in any other manner as may be prescribed by rules of Court but it does not include Criminal proceedings;

“Appointment” includes appointment to an office, nomination, Confirmation of Appointment, Promotion or Transfer;

Extraordinary

Kaduna State of Nigeria

Gazstte

Published by Authority

No. 21 Kaduna – 24^th December, 2003 Vol. 37

Kaduna State Notice No. 49

CONTENT

The following Law is published in the Supplement to this Gazette:-

KD. S. Law No. 15 of 2003 – A Law to Provide for the conduct of Local Government Council Election in Kaduna State.

____________________________________________________________________

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are NOT acceptable

(101)

“Attorney - General” means the Attorney – General of the State;

“’Chairman or Vice-Chairman” when used with reference to a Local Government Council means the Chairman or Vice Chairman of the Local Government Council;

“Chairman” means the Chairman and Chief Executive of the State Independent Electoral Commission;

“Civil Procedure Rules” means the High Court (Civil Procedure) Rules 1987;

“Commission” means the State Independent Electoral Commission;

“Constitution” means the Constitution of the Federal Republic of Nigeria, 1999;

“Decision” includes judgment, ruling, recommendation, conviction, order or sentence;

“Election” means the election in respect of the war or constituency in the Local Government Area to which an election petition relates;

“Electoral Officer” includes an Electoral Supervisor, Returning Officer and Polling Clerk;

“Election” means a person entitled to vote in an election;

Intervening cause. “Intervening Cause” means and includes any act or thing the occurrence of which will substantially affect the conduct of the elections and includes acts affecting the security of lives or where breach of the peace is likely to occur;

“Office” when used with reference to the validity of an election means any of the Political Offices the appointment to which is by election under this Law;

“Ordinarily Resident” means a person deemed to be ordinarily resident in a place where he normally

Lives, sleeps or his usual place of abode, whether or not he is an indigene of a place;

“Petition” means an Election Petition under this Law;

“Polling Station” means the place, enclosure, booth, shade or house at which voting takes place under this Law and includes polling units;

“Return” means a declaration by a Returning Officer of a candidate in an election under this Law as being the winner of the election;

“School Certificate or its equivalent” includes:-

(a) A Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or

(b) Education up to Secondary School Certificate level; or

(i) Service in the Public or Private Sector in the Federation in any capacity acceptable to the Commission for a minimum of ten (10) years; and

(ii) Attending a course and training in such institute as may be acceptable to the Commission for a period totaling up to a minimum of one (1) year; and

(iii) The ability to read, write, understand and communicate in any language to the satisfaction of the Commission;

(d) Any other qualification acceptable to the Commission;

“Secret Society” includes any Society, Association, group or body of persons (whether registered or not);

(i) That uses secret signs, oaths, rites or symbols and which is formed to promote a case, the purpose or part of the purpose of which is to foster the interest of its members and to aid one another under any circumstances without due regard to merit, fair-play or justice to the detriment of the legitimate interest of those who are not members; or

(ii) The membership of which is incompatible with the function or dignity of any public office under the Constitution and Whose members are sworn to observe oaths of secrecy; or

(iii) The activities of which are not known to the public a large and the names of members are kept secret and whose meetings and other activities are held in secret.

“Secretary” means Secretary of the tribunal appointed under the provisions of this Law;

“State” means Kaduna State of Nigeria;

“Tribunal” means the tribunal established under this Law;

Tribunal Notice Board” means a notice board at the registry where notice of trial is given.

Conduct of Local Government

Election by the State Independent

Electoral Commission. 4. (1) Subject to the provisions of section 197 of the Constitution and the provisions of the Local Government Election by the (Administration) Law, 2003 conduct of Local Government Election shall be under the direction and supervision of the Electoral

Commission;

(2) Candidates and their parties shall campaign for elections in such manner and in accordance with such guidelines a may be issued by the Commission.

PART II

ELIGIBILITY

Person eligible to 5. (1) A person shall be eligible to vote in any Local Person vote eligible to Government election if:-

(a) He is a citizen of Nigeria and has attained the age of eighteen years;

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

(c) He is registered as a voter in the Ward or Constituency of his residence in the Local Government Area and has obtained a registration card to be presented at the Polling Station on the day of the elections.

(2) The Presiding Officer shall allow a voter to vote without the presentation of a registration card if it is alleged that the said Card is missing or destroyed and is satisfied that:-

(a) The voter’s name is in the register of voters for the Polling station or unit; and

(b) The person has been identified by another person qualified to vote in that polling station or unit; and

(d) The person has not voted earlier in that particular election.

Polling Station 6. The Commission may designate such public Polling Station buildings to be used as Polling Stations (including schools) as it may deem necessary in addition to the erection of Polling Booths wherever necessary.

Division of Local 7. (1) The Commission shall divide each Local Government Area into

Government such number of wards as the circumstance of each Local Government

wards. Area shall require and submit same for approval by a simple majority of the House of Assembly.

(2) The Commission shall ensure that the boundaries of each ward are such that the number of inhabitants thereof are as nearly equal to the population quota as is reasonably practicable.

(3) Where the boundaries of any Ward established under the section has been altered, that alteration shall have affect only after it has been approved by the House of Assembly.

Qualification 8. A person shall b qualified as a candidate in the State to contest for

Candidate to any Local Government election if he:-

Contest election.

(a) Is a citizen of Nigeria;

(b) Has attained the minimum age of 25 years

(d) Is a member of a political party and sponsored by the Party;

(e) He produces evidence of tax payment for a period of three years immediately preceding the year of the elections; and such payment shall be as at when due;

(f) In the case of Chairmanship election he has been nominated by 20 registered voters in writing from at least two – thirds of all Wards in the Local Government Area where he intends to contest the election;

(g) In the case of Councillorship he has been nominated by ten registered voters in his ward;

(h) In the case of a candidate contesting as Chairman, he has nominated from a ward other than his own another candidate who shall run as associate candidate for the office of the Vice – Chairman.

(i) In the case of Chairman he has not been elected to such office any two previous elections;

(j) He has not been found guilty of an offence by any court or tribunal in Nigeria or any other country.

Disqualification 9.(1) A person shall not be qualified as a Disqualification. Candidate to context any Local Government Society;

(a) He is a member of a Secret Society;

(b) He is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any Law in Force in any part of Nigeria;

(c) He is a person employed in the Public Service or Civil Service of the Federal or of any State, or of any Local Government and has not resigned, withdrawn or retired from such employment 30 days before the date of election;

(d) He has been indicated for embezzlement or fraud by a Judicial Commission of Inquiry or a tribunal under the Tribunals of Inquiry Act or under section 128 of the Constitution or any other Law set up by the Federal, State or Local Government ;

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

(f) Subject to the provisions of section 28 of the Constitution he has voluntarily acquired the citizenship of a country other than Nigeria or except in such cases as it may be prescribed by National Assembly has made a declaration of allegiance to such country;

(2) Where a person seeking to contest as a candidate is involved in a case that may lead to his being banned from participation in politics 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 cease to be a Councillor or Chairman as the case may be.

(3) Where in respect of any person who has been:-

(a) Adjudged to be a lunatic;

(b) Declared to be of sound mind;

(d) Adjudged or declared bankrupt.

Any appeal against the decision is pending in any Court of Law in accordance with any Law inforce in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and pending on the date when the appeal is finally determined or, as the case may be the appeal lapsed or is abandoned, whichever is earlier.

(4) For the purpose of subsection (3) of this section and “appeal” includes any application for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus or any appeal from any such application.

Court or Tribunal 10. (1) No interim, interlocutory or any other order, decision or

not to affect the judgement by any Court or Tribunal before or after the commencement

timing of election of this Law, in respect of any intra-party dispute or any other proceedings, or matter pertaining to an election under this Law, shall have any effect on the holding of an election.

(2) No person or authority shall be liable to prosecution for contempt charge, sanction or penalty by reason only that he had conducted an election on the say or time appointed by Commission for the election.

PART III

APPOINTMENT OF ELECTORAL OFFICERS

11. An Electoral officer shall be appointed to coordinate and supervise the conduct of elections in each Local Government Area or such number of Local Government Areas may be considered necessary.

Other Officers for 12. (1) The Commission may appoint any person to be Assistant

the conduct of Electoral Officer for the conduct of any election for a Local Government

election Council and a person so appointed shall in respect of that election have such functions imposed o conferred by this Law on the Electoral Officer as the Commission may prescribe.

(2) The Commission shall for the purpose of an election appoint such Returning Officers, Assistant Returning Officers Presiding Officers and Assistant Presiding Officers, Poll Clerks and Assistant Poll Clerks and such Officers as are required to be appointed under this Law in each Local Government Area.

(3) Any person appointed as an Assistant Returning Officer under the provisions of this paragraph shall have the functions imposed or conferred by this Law on a Returning Officer.

(4) For the election the Electoral Officer or the Assistant Electoral Officer may be appointed to act as Returning Officer.

Supervision of 13. An Electoral Officer shall exercise supervision over acts

other Officers by of Officers as are appointed under Section 14 subject to this Law and

Electoral Officer by any instructions issued by the Commission, give directions to such Officers with regards to the performance of their functions.

14. The Commission may appoint in respect of any Area of State, an Officer or Officers (by whatever name called) to exercise supervisory functions under the directions of the Electoral Officer, over the conduct of an election or of elections generally, and any such Officer shall have powers and duties as shall be allocated by the Commission.

Functions of Elec- 15. (1) Subject to the provisions of this Law, the general supervision of

toral Officer the conduct of an election shall be vested in the

Electoral Officer.

(2) The Electoral Officer may:-

(a) Require information from any Officer appointed with respect to any matter relating to the functions of such Officer under this Law;

(b) Subject to the provisions of this Law, issue instructions to any such Officers with respect to the performance of their functions under this Law.

(3) Any such Officer shall comply with the requirements and instructions of the Electoral Officer under this paragraph.

Electoral Officer 16. Any person who by reason of his holding or acting in any

not eligible for Office has any responsibility for, or any connection with the conduct of, any

election Election to a Local Government Council shall be disqualified from membership of that Local Government Council and from nomination as a candidate thereof while he holds or acts in any such Office.

PART IV

METHOD, CONDUCT AND PROCEDURE AT ELECTION

17. Elections to Local Government Council shall be by Open Secret Ballot and shall be held in one day throughout the State on a date and within such hours as may be determined by the Commission.

18. (1) Where a date has been appointed for the holding of an election and there is reason to believe that a serious breach of peace is likely to occur if the election is proceeded with on the appointed date, the holding of the election may be postponed by the Commission until some other convenient date to be appointed by the Commission.

(2) Where an election has started on the appointed date but is before conclusion substantially disturbed, by any intervening cause, the election may be cancelled, and the Commission shall appoint a new date for a fresh election.

Notice of election 19. (1) Not less than twenty – one days be fore the date specified for holding of an election, the Commission shall publish a notice:-

(a) Stating the date of the election; and

(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 20. (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 all the candidates the party proposes to sponsor for elective offices in respect of all the elections (or such number thereof as the party intends to contest) to the Commission.

(2) The Commission shall, not later than 21 days after delivery of the list as aforesaid, 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.

(3) If after 21 days a political party is not informed of the disqualification of its candidates, all the candidates named in such list shall be deemed qualified or approved by the Commission.

Nomination of 21. (1) Every candidate shall be nominated in writing by at least ten persons

Candidates whose names appear on the register of voters for the Ward or Constituency in respect of which an election is to be held.

(2) The nomination form A in the schedule to this Law shall be subscribed by the candidate and by the persons nominating him and shall contain the following particulars:-

(a) The names, address and occupation of the candidate;

(b) The names, address and occupations of nominators of the candidates, and

(3) The Electoral Officer shall provide nomination papers and shall supply any nominator with such number of nomination papers as he may require, and shall at the request of any voter, the candidate, and all his nominators being present, complete any such nomination paper on such voter’s behalf.

(4) Each candidate or one of the persons nominating him, shall deliver his nomination paper provided at the place appointed by the Electoral Officer not later than 5 O/clock in the afternoon of the fourteenth day before the election.

(5) No person shall subscribe as a nominator to more than one nomination paper at the same election and, it he does, his signature shall be inoperative on any second or subsequent paper which he subscribes as a nominator;

Provided that no account shall be taken of the nomination of any candidate who has died or withdrawn or whose nomination has not been accepted as valid before the delivery of the second nomination paper.

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

(7) A candidate for any election who so desired may deliver along with the nomination paper such number of posters containing his photography and the symbol of the political party sponsoring him.

Deposits 22 (1) The Electoral Commission shall be a notice, determine the sums payable as deposits and, or such other sums that may be imposed and the time limit for such payments;

(2) All deposits shall be paid to the Commission in respect of which the election is to be held.

Validation of

Nomination 23. (1) When any nomination paper is delivered and a deposit is 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.

(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 paper is not signed as required by Law; or

(b) That the particulars of the candidate or his nominators are not as required by Law; or

(d) That the nominators of the candidate or any of them are not persons whose names appear on the register of voters in respect of the appropriate Ward or Constituency.

(3) The Electoral Officer’s decision that the candidate has been validly nominated shall be final.

Whenever the Electoral Officer decides that a candidate has not been validly nominated, he shall endorse and sign on the nominated paper the fact and reason for his decision and such decision shall only be subject to review on an election petition as provided for in this Law.

(5) The Electoral Officer shall within twenty – four hours of the receipt of a nomination paper, communicate in writing to the candidate, his decision as to the validity or otherwise of such nomination.

(6) A candidate whose first nomination paper is to may be invalid shall be permitted to submit a second nomination paper within the time allowed.

Publication of statement

Of persons nomination.

24 The Electoral Officer shall, not later than nine days before the day of election, publish by displaying it or causing it to be displayed at the place or places appointed for the delivery of nomination papers, and in such other manner as he may think fit, a statement of the full names of all persons nominating them with their respective address and occupations.

Withdrawal of Candidate 25. 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 not later than 1 O’clock in the afternoon of the fourteenth day before the election.

Death of Candidate 26. If after the latest time for the delivery of nomination papers and before the commencement of the poll, a nominated candidate dies, the Electoral Officer shall, upon being satisfied of the fact of death, countermand the poll, and the Electoral Officer shall appoint some other convenient date for the election.

Invalidity of double

Nomination. 27. 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 election of

Councillors 28. (1) If after the latest time for the delivery of nomination papers and for the withdrawal of candidates for election to the Office of Councillors; more than one person remains validly nominated, a poll shall be taken in accordance with the provisions of the Law.

(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.

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

(4) Where no candidate remains nominated in any Ward or Constituency on the date appointed for the election, the Electoral officer shall inform the Commission who shall fix a date for another election.

Method of election of 29. (1) A candidate for an election to the Office of Chairman shall be

Chairman deemed to have been duly elected to such office where being the only nominated candidate for the election.

(a) He has majority of YES votes over No votes cast at the election

(b) He has not less than one-third of the votes cast at the election in each of at least two-thirds of all Wards in the Local Government Area;

But where the only candidate fails to be elected in accordance with this sub – section then there shall be fresh nominations.

(2) A Candidate for an election to the Office of Chairman shall be deemed to have been elected where there being only two candidates for the election:-

a. He has a highest number of the votes cast at the elections; 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 Wards in the Local Government Areas as the case may be.

(3) If no candidate is duly elected under sub-section (2) of this section, the Commissions hall within 7 days conduct a second election between the two candidates, and the candidate who scored the majority of votes cast at the election shall be deemed to be duly elected.

(4) If no candidate is duly elected in accordance with sub – section (3) of this section, there shall be a second election in accordance with sub-section (6) of this section at which the only candidate shall be:-

(a) The candidate who scored the highest number of votes at the election held under sub-section (3) of this section; and

(b) One among the remaining candidates 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 total number of votes cast at the election shall be the second candidate for the election.

(5) In default of a candidate duly elected under the foregoing sub-section, the Commission shall, within 7 days of the result of the election held under the said sub-sections arrange for another election between the two candidates and a candidate at such an elections hall be deemed to have been duly elected to the Office of a Chairman of a Local Government 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 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 .

(6) If no candidate is duly elected under sub-section (5) of this section, the Commission shall, within 7 days of the result of the last election arrange for another election between the two candidates specified in the said sub-section, and a candidate at this last election shall be deemed duly elected to the Office of a Chairman of a Local Government if he scores the majority of votes cast at the election.

Ascertainment of 30. The result of the votes at the poll shall be ascertained by counting

Poll result the votes given to each candidate and the candidate to whom the majority of votes has been given shall be declared elected.

Arrangement for 31. (1) When a poll has to be taken the Commissions shall appoint

contesting from among Poll Clerks appointed under this Law, a person to be in-charge of

election Polling Stations to be known as the Presiding Officer.

(2) The Commissions hall in pursuance thereof:-

(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 Constituency to the Polling Stations;

(b) Assign in respect of each Polling Station to assist at the taking of the poll, Poll Clerks appointed under this Law.

(c) Ensure that in each Polling Station there is a compartment in which voters can record their votes screened from observation;

(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 which contain the names of the voters allotted to vote at the Polling Station; and

(f) Do such other acts and things as may be necessary for conducting the election in the manner provided in this Law.

^{Ballot Paper}32. Every ballot paper shall be a printed paper on which the symbol adopted by the candidate and duly registered as prescribed by Law shall be clearly set out and there shall be a blank space at the left side of the said symbol on which a thumb impression can conveniently be made and each such ballot paper shall;-

(a) Have a serial number printed or stamped on the back;

(b) Be attached to a counterfoil bearing the same serial number as is printed or stamped in the back of the ballot paper.

^{Polling Agents}33. (1) Each candidate may appoint two persons (hereinafter referred to as “Polling Agent”) to attend at each Polling Station in the Area for which he is a candidate for the purpose of detecting impersonation.

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

(3) If any Polling Agent dies or becomes incapable of acting as such, 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.

Notice of Poll 34. (1) The Electoral Officer shall on 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 hours 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 situation of the Polling Stations in the Ward or Constituency and an indication of the persons entitled to vote thereat.

(2) The hours fixed for the taking of the polls shall be a continuous period as may be determined by the Commission.

Ballot Boxes 35. The Presiding Officer shall cause to be placed in the Polling Station ballot boxes which shall be so constructed in such a way that the ballot papers can be put therein by the voter cannot be withdrawn by him.

36. Immediately before the commencement of the voting, the Presiding Officer at the Polling Station shall show the empty ballot boxes to such persons as may lawfully be presented so that they may see that they are empty and shall then close and seal the boxes in such manner as to prevent their being opined without breaking the seal.

37. (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 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 Poling 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;

(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 in accordance with the guidelines for Local Government Elections by the Commission;

(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 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” (reading the copy of the entry in the register);

(ii) “Have you already voters at the present election at this or any other Polling Station?”.

(g) A voter in receiving the ballot papers shall go immediately into the screened compartment in the Polling Station, and shall there secretly record his vote by placing his thumbprint against the symbol of the candidate of choice.

(h) A voter shall after recording his votes for the ballot papers in the envelopes supplied with the ballot papers and after coming out of 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 not place on the ballot paper in 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 fingernail of his left thumb marked with the ink sufficiently indelible to leave a mark for a period of approximately ten hours;

(i) A voter who suffers from blindness or from any other physical disability may be accompanied by such friend or relative he may choose who shall, after informing he Presiding Officer, be permitted in the presence of the voter alone to place the voter’s thumbprint against the voter’s candidates of choice.

(2) A vote may 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.

Allocating of Polling

Station admission

thereat. 38. (1) No person shall be permitted to vote at any Station Polling Station other than the one to which he is allotted.

(2) The Presiding Officer shall regulate the administration f voters to the Polling Station, and shall exclude all other persons except candidates, Polling Agents, Polling Officers and any other person who in his opinion has lawful reason to be admitted.

39. (1) If at the time a person applies for a ballot paper, or after he has so applied and before he leaves the Polling Station, a Polling Agent declared to the Presiding Officer that he has reasonable cause to believe that the applicant has committed the offence of impersonation and undertake to substantiate the charge in a Court of Law, the Presiding Officer my order a Police Officer to arrest such person, and the Presiding Officer shall be sufficient authority for the Police Officer to do so.

(2) A person in respect of whom a Polling Agent makes a declaration in accordance with the provisions of sub – section (1) of this section shall not by reason thereof, be prevented from voting, but the Presiding Officer shall cause the placed against his name in the marked copy of the register of voters or portion thereof:

Provided that where a person in respect of whom such declaration is made 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 done so, and id he has already voted, the Presiding Officer shall make a note of the number of the ballot paper delivered to him and, upon the count being taken such ballot paper shall be invalid.

(3) 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 a Warrant.

Tendered Ballot 40. (1) If a persons representing himself to be a voter named in the

Paper register of voters applied for a ballot paper after another has voters applied for a ballot applicant shall, upon giving satisfactory answers to the question put to him be entitled to receive a ballot paper in the same manner as any other voter.

(2) Any such ballot paper (hereinafter called a “tendered ballot paper”) shall be of a colour different form the ordinary ballot papers, and instead of being put into a ballot box, shall be given to the Presiding Officer and endorsed by him with the name of the voter and his number in the register to voters and ser aside, in accordance with the wishes of the person voting, in one of a number of separate packets, each of which shall correspond to and bear the same mark as one of the ballot boxes and shall not be counted by the Presiding Officer hereinafter provided.

(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 proceedings arising out of the election.

Conduct in Polling

Station 41. (1) The Presiding Officer shall ensure compliance with the provisions of this Law at the Polling Station .

(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 Officer in that behalf.

(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 persons 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.

Provided that the provisions of this paragraph shall not be enforced so as to prevent any voter who is otherwise entitled to vote at any Polling Station from having an opportunity of so voting.

Adjournment of

Poll in case of riot 42. (1) When the proceedings at any Polling Station are interrupted or obstructed by riot o open violence, the Presiding Officer may adjourn the proceedings till the following day and shall forthwith give notice of such adjournment to the Electoral Officer.

(2) When the poll is adjourned at any poling station:-

(a) The hours of polling on the day to which it is adjourned shall be the same as for the original day; and

(b) References in this Law to the close of the poll shall be construed accordingly

Closing of Poll 43. When the prescribed hour for the closing of the poll has been reached, the Presiding Officer shall declare the poll closed and no more person shall be admitted to the Polling Station, but those persons already inside the Polling Station shall be permitted to vote.

Counting of votes 44. (1) The Presiding Officer shall after the close of poll, open the ballot box and 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 from which shall be signed and stamped by the Presiding Officer and endorsed by the Candidates or their Agents, where available, at the Polling Station.

(4) The Presiding Officer shall give a copy of the statement of result Form to the Police Officer at the Polling Station and take the original copy thereof to the Returning Officer at the Collection Center together with the ballot boxes, the relevant envelopes and all other election materials including stamp, stamp pad and endorsing ink.

(5) The result of the election shall thereafter be announced by the Returning Officer at the Collecting Center.

Votes not to be counted. (6) Any ballot paper which does not bear the Official Mark shall not be counted:

Provided that if the Returning Officer is satisfied that a ballot paper which does not bear the official mark was issued from a book of ballot papers which was furnished to the Presiding Officer of the Polling Station in which the vote was cast for use at the election in question he shall notwithstanding the absence of such mark count that ballot paper.

Endorsement by

Presiding Officer 45. (1) he Presiding Officer shall endorse the word “rejected” on any

ballot paper, which is not to be counted.

(2) The presiding Officer shall add to the endorsement the words” rejected to” if an objection to this decision is made by any candidate or his agent

Statement of

Rejected ballot papers 46. (1) The Presiding Officer shall prepare a statement

showing the number of ballot papers rejected and shall on request allow any candidate or his agent to copy the statement.

(2) No candidate or his agent shall record the serial number of any rejected ballot paper which he sees during counting

Returning Officer’s

Decision is final 47. The decision of the Returning Office to any question

arising in respect of any ballot paper shall be final, and shall be subject to review only on an election petition questioning the election.

Recount 48. A candidate or his agent may, if present when the counting or any recount of cotes is completed require the Presiding Officer to have the votes recounted but the Presiding Officer may refuse to do so if in his opinion the request is unreasonable.

Equality of vote 49. When an equality of votes is found to exist between any two candidates, a fresh election shall be conducted between the two candidates.

Publication of Re- 50. The Returning Officer shall cause to be posted at the suit of election Office of the Local Government Council concerned a copy of the

notice of the result of the election and shall forward to the Secretary of the Commission a copy of the Certificate o Statement of Result.

Custody of docu- 51. The Returning Officer shall deliver all documents relating to the conduct

ment of election to the Electoral Officer who shall ensure their safe custody.

Power of Poll 52. A Poll Clerk may be authorized by the Presiding Officer Clerk is required to authorize to do at a Polling Station by this Law except that he may not order the arrest of any person, or the exclusion or the arrest of any person from the Polling Station.

Non-attendance 53. Where in this Law any act or thing is required or

of agent not to to be done by or in the presence of the agent of the candidates, the

invalidate any act non attendance of any agent at the time and place appointed for the

or thing purpose shall not, if any ac or thing is otherwise properly done,

invalidate the act or thing done.

PART V

ELECTORAL OFFENCES

54. (1) It shall be an offence punishable under this Law for any candidate or his agent to bas his campaign or address on sectional, ethnic or religious differences.

(2) A candidate or agent who contravenes the provision of sub – section 1 of this section commits an offence under this Law and shall not only be persecuted but shall be disqualified as a candidate for election.

invalidate any act

(3) A candidate or an agent who offers bribe to the voters directly or unsolicited services or treating them to parties, commits an offence under this Law and shall be punished as provided.

(4) A candidate or an agent who contravenes the provisions of sub – section (1) and (3) of this section shall be tried in a Magistrate Court, Shari’a Court or Customary Court and if found guilty shall be liable to a term of imprisonment not exceeding three years or to a find of N5,000.00 or both.

(5) In addition to the penalty under sub-section (4) of this section, any candidate who commits an offence under these sections shall be disqualified from the election.

55. (1) If any person to whom this section applies or who is for the time being under a duty to discharge any of the functions of such a person, is without reasonable cause, guilty of any act or omission in breach of his official duty, then he shall be liable on summary conviction to a fine not exceeding N5,000.00 or imprisonment for six months or both.

(2) The persons to whom this section applies are any Electoral Officer, Presiding Officer, Assistant Presiding Officer, Returning Officer, Assistant Returning Officer, Poll Clerk or Assistant Poll Clerk, or any Officer or Officers, by whatever name called, appointed under this Law and the expression “Official Duty” shall for the purposes of this section be construed accordingly but shall not include duties imposed otherwise than by this Law.

56. (1) Every Electoral Officer, Assistant Electoral Officer, Returning Officer, Assistant Returning Officer, Presiding Officer, Poll Clerk, Assistant Poll Clerk and any Officer or Officers by whatever name called, appointed under this Law, and Counting Agent, Polling Agent or candidate in attendance at the Polling Station or place of voting, or at the counting of the votes shall ensure that the secrecy of voting is maintained.

(2) No such Officer, Agent or Candidate shall, except authorized by Law communicate before the poll is closed to any person any information as to the name or number on the register of voters of any voter who has or has no votes at the place of voting.

(3) No person shall:-

(a) Interfere with any voter when recording his vote; or

(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; or

(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 a place of voting as to the candidate for whom a voter in that place is about to vote or has voted.

(4) 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 N5,000.00 or both.

Corrupt Practices 57. (1) If any corrupt practice is committed by any candidate elected at an election held under the provisions of this Law, the election of such candidate shall be invalid.

(2) The expression “Corrupt Practice” as issued in this Law means any of the following offences:-

(a) Impersonation

(b) Treating

(c ) Undue influence

(d) Bribery; or

(e) Aiding, abetting, counseling or procuring the Commission of any of the aforesaid offences.

(3) A corrupt practice shall be deemed to be committed by a candidate if it is committed with has knowledge or consent or a person who is acting under the general or special authority of such candidates with reference to the election.

58. (1) Any person who at an election applies for a ballot paper 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, 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.

(2) Any person who at an election votes in the name of some other person whether that name is the name of a person living or dead, or of a fictitious person, or who, having votes 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.

(3) Any person who is guilty of impersonation or aiding, abetting, counseling or procuring the commission of the offence of impersonation, shall be liable on conviction to imprisonment not exceeding one year or a fine not exceeding N10,000.00 or both .

(4) A person charged with the offence of impersonation shall not be convicted except on the evidence of not less than two witnesses.

Persons to be 59. The following persons shall be deemed guilty of guilty of treating treating:-

(a) Any person who corruptly, by himself or by any other person, either before, during or after the election, directly or indirectly gives or provides, or pays wholly or in part the expenses of giving or providing any food, drink, entertainment or provisions to or for any person for the purpose of corruptly influencing that person, or any other person to vote or on account of such person or any other

person, having voted or refrained from voting at such election; and

(b) Any voter who corruptly accepts or takes any such food, drink or entertainment shall be guilty of treating.

Undue influence 60. Any person who directly or indirectly, by himself or by other person on his behalf , makes 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 person to vote or retrain from voting, or on account of such having votes or retrained from voting at any election, or who by abduction, duress, or any fraudulent device or contrivance, impedes 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 61. The following persons shall be deemed guilty of bribery:-

Deemed guilty of

Bribery.

(a) Any 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, promise, or promises to procure or to endeavour to procure, any voter, or valuable consideration to or for any person in order to induce the voter to vote or refrain from voting shall be guilty of bribery.

(b) Any voter who, before or during any election, directly or indirectly by himself or by any other person on his behalf receives, agrees or contracts for any money, gift, loan or valuable 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 shall be guilty of bribery;

(c) Any person who, after any election, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any election shall be guilty of bribery.

Provided that the foregoing provisions shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bonafide incurred at or concerning any election.

Punishment for 62. (1) Any person who is guilty of bribery, treating, or undue

bribery treating influence, or aiding, abetting, counselling or procuring the

and undue commission of any of these offences shall be liable on conviction to

influence. imprisonment for a term not exceeding one year or a fine no

exceeding N10,000.00 or both.

(2) Any person who is convicted of bribery, treating, undue influence or impersonation, or aiding, abetting, counseling, or procuring the commission of any of the offences aforesaid, shall (in addition to any other punishment) be deemed incapable, during a period of five years from the date of this conviction:-

(a) Of being registered as a voter or voting at any Local Government election in the State; order to indue any voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting at any election shall be guilty of bribery;

(3) Any person who directly of 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 to 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 shall be guilty of bribery;

(4) Any person who directly or indirectly, by himself or by 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 shall be guilty of bribery;

(5) Any 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 shall be guilty of bribery;

Offences in respect

Of nomination

Papers, etc 63. (1) Any person who:-

(a) Forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the Officer charged with the conduct of an election any nomination paper, knowing the same to be forged; or

(b) Signs a nomination paper as a candidate in more than one Ward or Constituency; or

(c ) Forges or counterfeits or fraudulently destroys any ballot paper or the official mark on any ballot paper or any statement of result; or

(d) Without due authority, supplies any ballot paper to any person; or

(e) Fraudulently puts into any ballot box any paper which he is not authorized by law to be put in; or

(f) Fraudulently takes out of the Polling Station any ballot paper; or

(g) Without due authority, destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purpose of the election, shall be guilty of an offence.

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

(3) In any prosecution for an offence in relation to nomination papers, ballot boxes, ballot papers and the making instruments at an election held under this law, the property in such papers, boxes and instruments, as well as the property in the counterfoils may be stated to be with the Officer charged with the conduct of such election.

(4) A person guilty of an offence under this section shall be liable on conviction to imprisonment for a term not exceeding two years or a fine of N20,000.00 or both.

64 Any person who:-

Punishment of (a) Votes, or induces or procures any person to vote at any

person guilty of election, knowing that he or such person is prohibited by this or by

certain illegal any other Law, from voting at such election; or

practices.

(b) Before or during an election, knowing or recklessly publishes any false statement of the withdrawal of the candidate, at such election for the purpose of promoting or procuring the election of another candidate, shall be guilty of an offence and liable on conviction to a fine of N10,000.00 or imprisonment for one year or both.

Voting when not 65. Any person who willfully votes at a Local

Registered. 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 N10,000.00 or both.

Fraudulent use of 66. (1) Any person who, having been issued with a ballot

ballot papers paper in a Polling Station, takes or attempts to take that ballot paper out of the Polling Station shall be guilty of an offence and shall be liable on conviction to imprisonment for six months or to a fine of N5,000.00 or both.

(2) Any person who at an election brings 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 one year or to a fine of N10,000.00 or both.

(3) For the purpose of this section, and sections, 67, 68 of this Law, the expression “refrain from voting” includes taking a ballot paper out of a Polling Station contrary to sub-section (1) of this section.

(4) 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.

Offences relating

To statement

of result 67. Any person who, being a Presiding Officer at an election:-

(a) Gives a certificate or statement of result which, to his knowledge is false in any material particular; or

(b) Perversely and without lawful excuse refuses to render any statement of result relating to that election to the Office to whom it is required to be delivered; or

(c) Does anything that impedes or obstructs the proper counting or obtaining of the correct result of the election, shall be guilty of an offence and shall be liable on conviction to imprisonment not exceeding two years or to a fine of N20,000.00 or both.

Disqualification of

Persons convicted

Of certain offences 68. Any person who is convicted of an office under this Law shall not be eligible:-

(a) To vote at any Local Government Election in the State; or

(b) To be elected as a member of a Local Government Council; or

(c ) If elected before his conviction, of retaining his seat.

Polling day 69. Any person who at any Polling Station or place being used for the

offences. counting of votes acts or incites others to act in a disorderly manner

offences. 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 both.

70 (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;

(b) Operate any megaphone amplifier or public address appearing in the Local Government Area for the purpose of making announcements concerning the election;

Provided that this paragraph shall not apply to the operation of any such apparatus, by an Officer appointed under this Law, for the purpose of making official announcements relating to the election.

(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) Canvass for votes;

(b) Solicit the vote of any voter;

(d) Persuade any voter not to vote at the election;

(e) Wear, exhibit or tender any notice, sign, taken, symbol, slogan, badge, photograph or party card referring to the election; or

(f) Shout slogans concerning the election.

(3) No candidates or other person with the connivance of a candidate shall, whether on payment or otherwise, use, hire or procure any vessels or vehicle for the conveyance of any voter (other than the candidate himself or his agent) to or from any Polling Station.

(4) No person shall bring alcoholic liquor into a Polling Station or a place used for the counting of votes or shall consume alcoholic liquor in any such place.

(5). Any person who contravenes the provisions of sub-section (1), (2), (3) or

(4) of this section shall be guilty of an offence and shall be liable on conviction to a fine of N10,000.00 or to imprisonment for one year or both.

Offences in relation 71. Any candidate or agent who records the serial to number of a

counting of votes rejected ballot paper in contravention of the provisions of this Law 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 both.

Disturbances at 72. Any person who at a lawful public meeting to which this section

election meeting. applies:-

(a) Acts, incites another to act, in a 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 shall be liable on conviction to a fine of N5,000.00 or imprisonment for six months or both.

Conviction on 73. (1) Where a person is convicted of an offence against any of the disqualification provisions of this Law which disqualifies him from being elected a

Offences to be member of a Local Government Council the Court by which he was

Reported convicted shall send to the Commission the judgment of the conviction and, if the person has appealed, the judgment of the appeal.

(2) Any attempt or conspiracy to commit any offence specified in this Law shall be punishable in the same manner as the offence.

(3) Any offence committed under this Law shall be triable in a Magistrate Court, Sharia Court or Customary Court in the State.

(4) Any prosecution under this Law shall be undertaken by the Attorney-General of the State.

PART VI

ELECTION PETITION

(ESTABLISHMENT OF ELECTION TRIBUNALS

AND THEIR COMPOSITION

Jurisdiction to 74. (1) There shall be established by the Chief Judge of Kaduna State

Determine one or more Election Tribunals which shall have original jurisdiction to hear

Question, etc and determine petitions on any one or more grounds stated in this Law.

(2) A Local Government Council Election Tribunal shall consist of a Chairman and 2 other members all of whom shall be persons of unquestionable integrity who have not been involved in party politics.

(3) The Chairman shall be a person who has held office or is qualified to hold office of a judge of a High Court, Shaira Court of Appeal or Customary Court of Appeal.

(4) One of the members shall be a Legal Practitioner who has been so qualified for a period of not less than five years and the other shall be a non-member of the Legal Profession.

(5) The Chairman and other members shall be appointed by the Chief Judge of the State.

Election Petition

75. No Local Government Election and no return to Local Government Council shall be questioned except by a petition complaining of an undue election return (hereinafter referred to as an “election petition’) presented to the Local Government Council Election Tribunal in accordance with the provisions of this Law.

Presentation of petition

(B) ELIGIBILITY AND GROUNDS

76. (1) An election petition may be presented by one or more of the following persons:-

(a) A person who voted at the election or who had a right to vote; or

(b) A person alleging himself to have been a candidate at the election.

(2) The person whose election or return is complained of

shall be referred to as “the respondent”, but if the petition complains of the conduct of an Electoral Officer, Presiding Officer or Returning Officer, such Electoral Officer, Presiding Officer or Returning Officer shall for the purpose of this Law be deemed to be a respondent.

Grounds on which election may be questioned

77. (1) An Election may be questioned on any of the following grounds:-

(a) That the person whose election was questioned was at the time of election not qualified or was disqualified from being elected as a members of Local Government Council; or

(b) That the election was voided by corrupt practices or offences against this Law; or

(c) That the respondent was not duly elected by a majority of lawful votes at the election; or

(d) That the petitioner was validly nominated, but was unlawfully excluded from the election.

(2) An act or omission which is contrary to an instruction of the Commission or of any Officer appointed for the purpose of the election but which is not contrary to this Law shall not of itself be a ground upon which the election may be questioned.

Non-compliance

Not to invalidate

Election 78 (1) An election shall not be invalidated by reason of non-compliance with this Law if it appears to the Court or Tribunal that the election was conducted substantially in accordance with the principle of this Law and that the non-compliance did not affect substantially the result of the election.

(2) An election shall not be liable to be questioned by reason of defect in the title, or want of title, of the person conducting the election if that person was then in actual possession of, or action in the office giving the right to conduct the election.

(C) PROCEDURE FOR ELECTION PETITION

Time for presentation 79. An election petition shall be presented within one month after the date on which the election is held.

Security for cost 80. (1) At the time of presenting an election petition the petitioner shall give security for all costs which may become payable by him to any witness summoned on his behalf or to any respondent.

(2) The security shall be of such amount as the Tribunal may order and shall be given by deposition the amount in the Tribunal.

(3) Where two or more persons join in the petition, a deposit of the said amount shall be sufficient.

(4) If on security is given as required by this election there shall be no further proceedings on the petition.

Presentation of petition

81. (1) The presentation of an election petition shall be made by the petitioner (or petitioners if more than one) leaving it in person, or by the hand of the solicitor (if any) named at the foot of the petition, with title Secretary, and the Secretary shall (if so required) give a receipt which may be as in Form E in the schedule to this law.

(2) With the petition there shall also be left a copy for each respondent and seven other copies thereof.

(3) The Secretary shall compare each copy of the petition left in accordance with sub-section (2) of this Law with the original petition and shall certify it as a true copy thereof.

(4) The petitioner or solicitor shall, at the time of presenting the petition, pay the fees for the services and publication thereof, and for certifying the copies, and in default of such a payment the petition shall not be received unless the Tribunal otherwise orders.

Contents of petition

82. (1) An election petition shall:-

(a) Specify the right of the petitioner to present the petition;

(b) State the holding and result of the election; and

(c) Briefly state the facts and grounds relied upon to sustain the prayers of the petition.

(2) The petition shall be divided into paragraphs each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively, and no costs shall be allowed for drawing up or copying any petition not substantially in compliance with this provision, unless the Tribunal otherwise orders.

(3) The petition shall conclude with a prayer, as for instance, that some specified person may be declared duly returned or elected, or that the election may be declared void, as the case may be, and shall be signed by the petitioner (or all the petitioners if more than one), or by the solicitor (if any) named at the foot of the petition.

(4) At the foot of the petition there shall be stated an address for service within five kilometers of a post office in the judicial division, and the name of its occupier, at which address documents intended for the petitioner may be left.

(5) If any address for service and its occupier and not stated, the petition shall not be filed unless the Tribunal otherwise orders.

(6) At the foot of the petition there shall be added a note signed by the petitioner giving the name of his solicitor, if any, or stating that he acts for himself, as the case may be.

(7) The form set out in Form F in the schedule to this law or one to the like effect, shall be sufficient for the purposes of the petition.

83. Evidence need not be stated in the petition, but the tribunal may order such particulars as may be necessary to prevent surprise and unnecessary expenses and to ensure a fair and effectually trial in the same way as in a Civil action in the High Court, and upon such terms as to costs and otherwise as may be ordered.

Address of service

84. For the purpose of service of the petition on the respondent, the petitioner shall furnish the Secretary with the address of the respondent’s abode or the address of a place where personal service can be effected on the respondent.

Action be Secretary

85. (1) upon the presentation of an election petition and payment of the requisite fees, the Secretary shall forthwith:-

(a) Cause a notice as in Form G in the schedule to this Law, of the presentation of the petition, and a certified copy of the petition, to be served on the respondent;

(b) Post on the Tribunal notice board a certified copy of the petition;

(c) Send a certified copy by registered post or messenger to the person or authority to whom it is required by Law that the determination of the petition shall be certified; and

(d) Where the Tribunal so directs, cause a certified copy to the published in the Gazette of the State.

(2) In the notice of presentation of the petition, the Secretary shall state a time, not being less than five days or more than fifteen days after the date of service of the notice, within which the respondent is to enter an appearance.

(3) In fixing such time the Secretary shall have regard to the necessary for securing a speedy trial of the petition, and to the distance from the Registry or the place or hearing to the address furnished.

Service 86 (1) Subject to sub-section (2) and (3) of this section, service on the respondent of the documents mentioned in sub-section (1) (a) of section 85 of this Law and of any other documents required to be served on him before entering an appearance, shall be personal.

(2) Where the petitioner has furnished under section 84 of this Law the address of a place where personal service can be effected on the respondent and the respondent cannot be found at that place, the Tribunal on being satisfied, upon an application supported by an affidavit showing that all reasonable efforts have been made to effect personal service, may order that service of any document mentioned in sub-section (1) of this Law be effected in any of the ways mentioned in the relevant provisions of the Civil Procedure Rules for effecting substituted service in a civil case and such service shall be deemed to be equivalent to personal service.

(3) The proceeding under the petition shall be vitiated not withstanding the effect that the respondent may not have been served personally or that any document of which substituted service has been effected pursuant to an order made under sub-section (2) of this Law did not reach the respondent; and in any such circumstances as aforesaid the proceedings may be heard and continued as if the respondent had been served personally with such documents and shall be valid and effective for all purposes.

Entry of Appearance 87. (1) Where the respondent intends to oppose the petition he shall within such time after being served or deemed to be served with the petition, or where and order has been made under sub-section (2) of section 86 of this Law within such other time (if any) as may be stated in that order, enter an appearance by filing in the Registry a memorandum of appearance stating that he intends to oppose the petition and giving the name and address of his solicitors, if stating that he acts for himself, as the case may be, and in either case giving and address for service within five kilometers of a post office in the Judicial Division and the name of its occupier, at which documents intended for the respondent may be left.

(2) If an address for service and its occupier are not stated, the memorandum shall not be filed unless the tribunal otherwise orders.

(3) The memorandum of appearance shall be signed by the respondent but may filed by his solicitor, if any.

(4) At the time of filing the memorandum of appearance the respondent or its solicitors shall leave a duplicate thereof for each other party to the petition and three other duplicates thereof and pay the fees for service, and in default of such duplicate being left and such fee been paid at that time the memorandum shall not be filed unless the Tribunal otherwise orders.

(5) A respondent who has a preliminary objection against the hearing of the election petition on grounds of Law may file a conditional appearance.

Default of appearance

88. If the respondent does not enter an appearance as aforesaid, any document intended for the respondent may be posted upon the Tribunal notice board and such posting shall be sufficient notice thereof.

Notice of appearance

89 The Secretary shall cause a duplicate of the memorandum of appearance to be served upon, or notice thereof to be given to the other parties to the petition.

Filling of reply

90. (1) The respondent shall within six days of entering an appearance file in the Registry his reply specifying therein which of the facts and grounds alleged in the petition he admits or denies and setting out any facts and ground on which he relies in opposition.

(2) Where the respondent in a petition complaining of an under return and claiming the seat or office for some person intends to prove that the election of such person was undue, the respondent in his reply shall state that intention and set out the facts and grounds on which he relies in support thereof.

(3) The reply may be signed and filed by the respondent’s solicitor, if any.

(4) At the time of filing the reply the respondent or his solicitor shall leave copies of the reply for service on each party to the petition and three other duplicate thereof and pay the fees for service; and in default of such copies being left and such fees being paid at that time, the reply shall not be filed unless the Tribunal otherwise orders.

91. The Secretary shall cause copies of the reply to be served on each party to the petition.

92. (1) In relation to an election petition, the provisions of the relevant provision of the Civil Procedure Rules relating to amendment of pleadings shall apply as if for the words “any proceedings” in those provisions there were substituted with the words “the petition or the reply”.

Provided that:-

(a) After the expiration of time limited by section 79 of this law for presenting the petition, no amendment shall be made introducing any fresh prayer in the petition, or effecting any alteration of substance in the prayer, or (serving anything which may be done under the provisions of sub-section (2) of this section) affecting any substantial alteration in addition to the statement of facts and grounds relied upon to sustain the prayer; and

(b) After the expiration of the time limited by section 90 of this Law filing the reply, no amendment shall be made thereto alleging that the election of the person, if any, for whom the seat or office is claimed in the petition was undue, or (saving anything which may be done under the provisions of sub-section (2) of this section) effecting any substantial or addition to the admissions or the denials contained or the facts and grounds set out in the reply.

(2) The Tribunal in the hearing and determination of the petition shall not be obliged to confine its inquiry or findings to the issues raised by the petition and the reply, if any, and may, with or without ordering or allowing:-

(a) The amendment of any statement of the facts and grounds relied upon in support of the petition or the amendment of any admission or denial contained; or

(b) The facts or grounds set out in the reply (but always and having due regard to the time limited for presenting an election petition), inquire into any other issue otherwise raised or apparent or any matter otherwise appearing, as the Tribunal may deem necessary for the purpose of the full and proper determination of the petition.

93. (1) When a petitioner claims the seat alleging that he had a majority of lawful votes, any party defending the election or return shall, within six days after the filing of the reply, or where on appearance is entered, not less than six days before the day fixed for hearing, file in the registry a list of the votes intended to be objected to by him and of the heads of objection to each vote.

(2) No evidence shall be given against the validity of any vote or upon any head of objection not specified in the list filed pursuant to sub-section (1) of this section except by leave of the Tribunal upon such terms as to amendment of the list, postponement of the hearing and payment of cost as may be ordered.

(3) The party delivering the list shall at the time deliver a copy for each party to the petition and three other copies and pay the appropriate fees for service, and in default of such delivery and payment the list shall not be filed the Tribunal otherwise orders.

(4) The Secretary shall cause duplicate of the list to be served on every party forthwith.

List of Objection 94. Where a petitioner in a petition complaining of

To election undue return and claiming the seat or office for some person, intends to give evidence to prove that the election of such person was undue, the respondent shall, within six days after the filing of the reply, file in the Registry a list of the objection to the election not specified in the list, except by leave of the Tribunal upon such terms as to amendment of the list and postponement of the trial payment of costs as may be ordered.

95. (1) If any party to the petition wishes to have further particulars or other directions of the Tribunal, he may, at any time after the entry of appearance, but not later than ten days after the filing of the reply, apply to the tribunal specifying in his motion on notice the direction for which he prays, and the motion shall, unless the Tribunal otherwise orders, be set down for hearing on the first available day.

(2) The party so applying shall give notice of his motion to the other parties, and where he relies on any facts which are not apparent on the face of the documents, already filed he shall support his motion by affidavit.

(3) If party does not apply, he shall be taken to require no further particulars or other directions and lapse of the period laid down in sub-section (1) of this section except with the leave of the Tribunal, which may be sought by motion supported by affidavit after notice to the other parties, and which may be given in a proper case on such terms as to costs and otherwise as may seem fix.

Open Court 96. Every election petition shall be heard and determined in Open Court.

Time and place 97. (1) Subject to the provisions of sub-section (2) of

Of hearing this section, the time and place of the hearing of an election petition shall be fixed by the Tribunal and notice of the time and place of the hearing (which may be as in Form H in the schedule to the Law) shall be given by the Secretary at least fourteen days before the day fixed for the hearing:-

(a) By posting, or causing to be posted, such notice on Tribunal’s notice board;

(b) By sending a copy of such notice by registered post or messenger to the petitioner’s address for service;

(d) By sending likewise a similar copy to the Electoral Officer.

(2) If the election was held in a place ordinarily visited for sittings of a Magistrate Court (in this paragraph referred to as a “place of session”) then the place of hearing of the petition shall be the place where the election was held.

(3) It the election was not held in a place of session, then the place of hearing shall be place of session within the Local Government Area, if any;

(4) If there is in the Local Government Area no place of session, then the place of hearing shall be the place of session outside the Local Government Area nearest to, or most accessible from the place where the election was held.

Notice of hearing 98. The Electoral Officer shall publish the notice of hearing by causing the copy to be affixed to the place whish was appointed for the delivery of nomination papers or the making of nominations orally prior to the election to some conspicuous place within the Local Government Area but failure to do so or any miscarriage relating to such shall not affect the proceedings in any manner whatsoever.

Publication to be 99. The posting of the notice of hearing on the

good notice Tribunal Notice Boards shall be deemed and taken to be good notice, and such notice shall not be vitiated by any miscarriage of the copy or copies of the notice sent pursuant to section 97 of this Law.

Postponement of 100. (1) The Tribunal may, from time to time by

Hearing order made on the motion of a party supported by affidavit after notice to the other parties, or by notice in such form as the Tribunal may direct postpone the beginning of the trial to such day as the Tribunal may name.

(2) A copy of any such order or notice shall be sent by the Secretary by registered post or messenger to the Electoral Officer, who shall publish the same in the manner provided in section 97 of this Law for publishing the notice of hearing; but failure on the part of the Electoral Officer to publish the copy shall not affect the proceeding in any manner whatsoever.

(3) The Secretary shall post or cause to be posted on the Tribunal notice board a copy of any such order or notice.

(4) In any case a notice of postponement directed by the Tribunal of its own motion, a copy thereof shall be sent by the Secretary by registered post or messenger to the address for service given by the petitioner and to the address for service, if any, given by the respondent.

(5) The provisions of section 99 of this Law shall apply to any such order or notice postponement as they do to the notice of hearing.

Non-arrival of 101. If the Chairman of the Tribunal did not arrive at the

Chairman of the appointed time for the hearing, or at the time to which

Tribunal the hearing is postponed, the hearing shall ipso facto stand adjourned to the following day and so from day to day.

Hearing to con- 102. No formal adjournment of the Tribunal for the hearing

tinue from day to of election petition shall be necessary, but the hearing

day is to be deemed adjourned and may be continued from day to day until inquiry is concluded; and in the event of the Chairman of the Tribunal who begins the hearing being disabled by illness or otherwise, it may be recommended and concluded by another Chairman to be appointed by the Chief Judge.

Adjournment 103. After the hearing begun, if the inquiry cannot be continued on the ensuring day or, if such day is a Sunday or a Public holiday, on the day following the same, the hearing shall not be adjourned since die but to a definite day to be announced before the rising of the Tribunal and notice of the day to which the hearing is adjourned shall forthwith be posted by the Secretary on the Tribunal notice board.

Power of Judge 104 (1) All interlocutory questions and matters shall be heard and disposed of before the Tribunal, which shall have the control over the proceedings as a Judge in the ordinary proceedings of the High Court.

(2) After the inquiry is concluded, if the Tribunal before whom it was made has prepared its judgement but the Chairman of the Tribunal is unable to deliver it through illness or otherwise, his judgement may be delivered by another member of the Tribunal and the judgement so delivered shall be the judgement of the Tribunal; and the member shall certify the determination of the petition to the Electoral Officer.

Effect of deter- 105(1) At the conclusion of the hearing, the Tribunal shall

mination determine whether a person whose election or any other person, and what person, was duly returned or elected, or whether the election was void, and shall certify such determination to the Electoral Officer.

(2) Upon such certification being given, the election shall be confirmed, or (subject to the provisions of section 133 of this law in the event of an appeal) a new election shall be held in accordance with such certification (or in accordance with finding upon the determination of such appeal).

(3) Where a new election is to be held under the provision of this section, the Electoral Officer shall appoint a date for such elections.

Withdrawal or 106(1) The election petition shall not be withdrawn without the

abatement of leave of the Tribunal.

petition

(2) Where there are more petitioners than one, on application for leave to withdrawn the petition shall be made except with the consent of all the petitioners.

(3) The application for leave to withdraw a petition shall be made by motion after notice to the respondent and the Attorney-General of Kaduna State.

(4) The motion on notice shall be the grounds on which the application is intended to be supported and shall be signed by the petitioner or petitioner or his or their solicitor in the presence of the Secretary.

(5) At the time of filing such notice the petitioner or petitioners shall leave a copy for each respondent.

(6) The petitioner or petitioners shall also file the affidavits required under section 107 of this Law and leave copies thereof for each respondent and two copies for the Attorney-General, and they shall at the same time pay the rquisite fees for service for the making of a copy of the proceedings for the use of the Attorney-General.

Affidavit in 107 (1) Before leave for withdrawal of an election petition is

support granted, there shall be produced affidavits by all parties to the petition and their solicitors and by the election agents (if any) of all the said parties who were candidates at the election, but the Tribunal may on cause shown dispense with the affidavits of any particular person if it seems to the Tribunal on special grounds to be just to do so.

(2) Each affidavit shall state that, to the best of the deponents’ knowledge and belief no agreement of and no undertaking has been entered into, in relation to the withdrawal of the petition but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set forth the agreement and shall, make the foregoing statement subject to what appears from the affidavit.

(3) The affidavits of the applicant and his solicitor, if any, shall further state the grounds on which the petition is sought to be withdrawn.

(4) Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors.

Motion for leave 108.(1) The time for hearing the motion for leave to

to withdraw withdraw the petition shall be fixed by the Tribunal.

(2) The Secretary shall give notice of the day fixed for the hearing of the motion to the respondents and post or cause to be posted on the Tribunal notice board a copy of the notice.

Withdrawal may 109. (1) On the hearing of the application, the Tribunal

be opposed may hear the Attorney-General or his representative in opposition to the withdrawal of the petition and may receive the evidence on oath of any person or persons whose evidence the Attorney-Genera or his representative may consider material.

(2) If the petition is withdrawn, the petitioner shall be liable to pay the cost of the respondent.

Abatement of 110 (1) If a sole petitioner or the survivor of several petitioners

Proceeding in dies then, subject to the succeeding provisions of this section

Election petition. there shall be no further proceedings on the petition.

(2) The death of a petitioner shall not affect his liability for the payment of costs previously incurred.

(3) Where notice, with a copy for each other party supported by the affidavit of two witnesses testifying to the death of a sole petitioners, is given to the Secretary, he shall submit the same to the Tribunal, and if the Tribunal so directs, the Secretary shall give notice therefore to the other parties and post or cause to be posted notice therefore to be published in the Local Government Area or in the Gazette of the State or in both, in such form as the Tribunal may direct.

Notice of no 111. (1) if before the hearing of a petition, a respondent (other

opposition to than the Electoral Officer or presiding Officer) gives notice to

petition the Tribunal in writing signed by him or his solicitor before the Secretary that he does not intend to oppose the petition, the Secretary shall give notice therefore to other parties, and post or cause to be posted a notice therefore on the Tribunal notice board.

(2) The respondent shall file the notice with a copy for each other party not less than six days before the day appointed for hearing.

(3) A respondent who has given notice of his intention not to oppose the petition shall not appear or act as party against the petition in any proceeding upon it, but the giving of such notice shall not of itself cause him to cease to be a respondent.

Countermand or 112. (1) After receiving notice of the petitioner’s

notice of intention to apply for leave to withdraw the petition or of the

hearing death of the sole petitioner or the survivor of several petitioners, or of the respondent’s intention not to oppose the petition, if such notice is received after notice of hearing has been given and before the hearing has begun, the Secretary shall forthwith countermand the notice of hearing.

(2) The countermand shall be given in the same manner, as near may be, as the notice of hearing.

Discretion of 113. Where the respondent has not entered an appearance, or

Tribunal if no has not filed his reply, within the prescribed time or within

reply such time as the Tribunal may have allowed, or has given notice that he does not intend to oppose the petition, then if:-

(a) There remains not more than one other candidate in the election who was not returned; or

(b) The petition contains no prayer for a determination that the election was void; or

(c) There are no facts or grounds stated in the petition or in the reply, if any, or stated in any further particulars filed in the proceedings or otherwise appearing upon proof of which it ought to be determined that the election was void;

(d) Where the petition is one complaining of an undue return and claiming the seat or office for the candidate who was not returned the respondent has not filed a list of objection under the provisions of section 93 of this Law the Tribunal may, if it thinks fit, determine the proceedings upon the petition without hearing evidence or further evidence, and in any other case the proceeding shall be continued and determined upon such evidence or otherwise as to the Tribunal may seem necessary for the full and proper determination of the petition.

Fees 114 (1) The fee payable on the presentation of an election petition shall be N1,000.00.

(2) A hearing fee shall be payable at the rate of N50.00 per day but not exceeding N5,000.00 in all; but the Tribunal may direct a lower fee to be charged for any day of the hearing.

(3) For the purpose of this section, the petitioner shall make a deposit of N2,500.00 at the time of presenting his petition.

(4) Subject to the above provisions, the fees payable in connection with any election petition shall be at the rates prescribed for civil proceedings in the High Court.

(5) No fees shall be payable by the Attorney-General or by a respondent who was the Electoral Officer or Presiding Officer at the election.

(6) No fees shall be payable for the summoning of witnesses summoned by the Tribunal, on its own motion.

(7) Any charge payable for the service of sub-poenas on any such witnesses may be paid by the Secretary in the same way as the State Witness’s expenses.

Application 115 (1). All costs; charges and expenses of and incidental to

of costs the presentation of an election petition and to the proceedings consequent thereon, with the exception of such as are otherwise provided for, shall be defrayed by the parties to the petition in such manner and in such proportion as the Tribunal may determine, regard being had:-

(a) To the disallowance of any costs, charges or expenses which may in the opinion of the Tribunal have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the petition or the respondent; and

(b) To the discouragement of any needless expenses by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful.

(2) Where the Tribunal declares an elections to be void, the Tribunal may, if satisfied that the invalidity of the election was due either wholly or in part to the culpable default of any Officer responsible for the conduct of the election in the performance of his duties imposed by this Law, order that the whole or any part of the costs awarded to the successful petitioner be paid by such Officer.

116. Money deposited as security shall, when no longer needed as security for costs, charges or expenses, be returned to the person in whose name it is deposited or to any person entitled to receive the same by order of the Tribunal, which may be made upon motion after notice and proof that all just claims have been satisfied or otherwise sufficiently provided for as the Tribunal may require.

117.(1) The Tribunal may, on application made by a person to whom any costs, charges or expenses are payable, order the same to be paid out of any deposit made to secure the same after notice to the party by or on whose behalf the deposit was made requiring him to file a statement within a specified time whether he opposes the application and the grounds of his opposition.

(2) In the event of any dispute arising on any such application, the Tribunal shall afford every person affected thereby an opportunity of being heard and make such order thereon as may seem fit.

(3) A person shall be deemed to have been afforded such opportunity if notice of the time appointed for the inquiry into the dispute was given to him, though such person may not have been present at the making of the inquiry.

(4) Any notice to be given to a person under this paragraph may be given by the Secretary handing him the notice or sending it to him by registered letter:-

(a) At the address for service, in the case of party;

(b) In the case of an application for payment, at the address given in his application;

Provided that these provisions shall not preclude the giving of notice in any other manner in which notice may be given or which may be authorized by the Tribunal

(5) Execution may be levied under any order for payment made by the Tribunal under this section in the same manner and to the same extent as execution may be levied under a judgment for the payment of money.

Calling of 118.(1) On the hearing of an election petition, the Tribunal may

Witness summon any person as a witness who appears to the Tribunal to have been concerned in the election.

(2) The Tribunal may examine any witness so summoned or any person in the Tribunal although such witness or person is not called and examined by any party to the petition, and thereafter he may be cross examined by or behalf of the petitioner and the respondent.

(3) The expenses of any witness called by the Tribunal of its own motion shall, unless the Tribunal otherwise orders, be deemed to be costs of the petition and such expenses may, if the Tribunal so directs be paid in the first instance by the Secretary in the same was as a State witness’s expenses and be recovered in such manner as the Tribunal may direct.

(4) Where the Tribunal under this section summoned any person as a witness, the provisions of the relevant Civil Procedure Rules relating to the expenses of persons order to attend a hearing shall apply as if they were part of this paragraph.

(5) In making and carrying into effect any order for the production and inspection of documents used in the election and relating to the view in which the votes of particular persons where given, and in the examination of any witness who produces or will produce any such documents, the Tribunal shall ensure that the way in which the vote of any particular person has been given shall not be disclosed until it has been proved that the vote was given the vote has been declared by the Tribunal to be invalid.

Privileges of a 119(1) A person called as witness in any proceedings in the

Witness. Tribunal under this Law shall not be excused form answering any question relating to any offence at or connected with such election on the grounds that the answer thereto may incriminate or tend to incriminate himself, or on the grounds of privilege.

(2) A witness who answers truly all questions which is required by the Tribunal to answer shall be entitled to receive a certificate of indemnity under the hand of the Chairman of the Tribunal stating that such witness has so answered.

(3) An answer by a person to a question before the Tribunal shall not, except in the case of any criminal proceedings for perjury in respect of such evidence, be admissible in any proceedings civil or criminal.

(4) When a person has received a certificate of indemnity in relation to an election and legal proceedings are at any time brought against him for an offence against the provisions of this Law, committed relation to the said election, the Tribunal having cognizance of the case shall, on proof of the certificate, stay the proceedings and may, at it discretion, award to the said person such cost as he may have been put to in the proceedings.

Evidence by 120. On the hearing of petition complaining of an undue return and

Respondent claiming the seat for some person, the respondent may, subject to the provisions of Section 90(2) and94 of this Law, give evidence to prove that the election of such person was undue in the same manner as if he had presented a petition complaining of such election.

Enlargement and 121(1) The Tribunal shall be power, subject to the provisions of

abridgement of Section 78, 80, and 92 of this Law to enlarge or abridge the times

time appointed and by this Law or the rules of Court, or fixed by any order enlarging time, for doing any act or taking any proceedings upon such terms (if any) as the justice of the case may require.

(2) Any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed.

(3) When the time for delivering any pleading or document or filing any affidavit, answer or documents, or doing any act is or has been fixed or limited by any of the sections, or rules aforesaid or by any direction or order of the Tribunal, the costs of any application to extend such time and of any order made thereon shall be borne by the party making such application unless the Tribunal shall otherwise order.

(4) Every application for enlargement or abridgement of time shall be supported by affidavit.

(5) An application for abridgment of time may be made exparte, but the Tribunal may require notice thereof to be given to the other party.

(6) An application for enlargement of time shall be made by motion on notice to the other party but the Tribunal may for good cause shown by affidavit or otherwise, dispense with such notice.

(7) A copy of any order made for enlargement or abridgment of time shall be filed or delivered together with any document filed or delivered by virtue of the order.

Service on 122 (1). Where any summons, notice or documents other than a notice or

Notice document mentioned in section 85 (1) of this Law is required to be served on any person for purpose connected with an election petition, the same may be served either by delivering it to such person or by leaving it at his last known place of abode in the Local Government Area with any person there found who is a resident thereof and appears to be eighteen years of age or more.

(2) After a party has been given an addresses for service, it shall be sufficient if, in lieu of serving him personally with any document intended for him, such document is served:-

(a) On the person appearing on the paper last filed on his behalf as his solicitor wherever such person may be found or, if such person is not found at his office, on the clerk there apparently in charge; or

(b) On the person named as occupier if his address for service wherever such person may be found, if such person is found at such address, on:

(i) The person there found apparently in charge, if such address is a place of business; or

(ii) Any person other than a domestic servant there found who is a resident thereof and appears to be eighteen years of age or more.

(4) A party may change his address for service by giving notice of his new address for service and its occupier to the Secretary and to each other party, but until such notice is received by the Secretary, his old address for services shall continue to be his address for service.

(5) Where service on one of the foregoing modes has proved impracticable, the Tribunal, on being satisfied, upon an application supported by an affidavit showing what has been done, that all reasonable effort has been to effect service, may order that service be effected in any of the ways mentioned in the provisions of the Civil Procedures Rules relating to substituted service which service shall be sufficient, or may dispense with service or notice, as the Tribunal may think fit.

Number of 123. Two or more candidates may be made respondents to the same

Respondents petition and their case may for all purposes (including the taking of security) such petition shall be deemed to be a separate petition against each respondent.

Multiple Petitions. 124. Where more petitions than one are presented in reaction to the same Election, all such petitions shall be considered and be dealt with as one Petition unless the Tribunal shall otherwise direct.

Conduct of 125 (1) Where an election petition complains of the conduct of an

Presiding Electoral Officer, Presiding or Returning Officer, he shall for all purposes

Office, Electoral be deemed to be a respondent, but an Electoral Officer, Presiding

Officer or Officer or Returning Officer shall not be at liberty to give notice that he

Returning does not intend to oppose the petition except with the written consent of

Officer the Attorney-General of the State, and if such consent is withheld the State Government shall indemnify the Electoral Officer, Presiding Officer or Returning Officer against any award of costs made against him by the Tribunal upon the hearing of such petition.

(2) Where an Electoral Officer, Presiding Officer or Returning Officer is, or is deemed to be a respondent to a petition. The Attorney-General (acting in person or through any member of his staff or any legal practitioner nominated by him) shall have the right to represent the Electoral Officer, Presiding Officer or Returning Officer.

Duplicate of 126. In the absence of express provision for the furnishing of copies of

Documents. documents filed or used in connection with any step taken in the proceedings, the party taking such steps shall, unless the Secretary otherwise directs, leave with the Secretary a duplicate of every documents for each other and three other copies.

Non-compliance 127. (1) Non-compliance with any of the provisions of the Law, or

With rules etc with any rule of practice for the time being in force, shall not render any proceedings void unless the Tribunal shall so direct but such proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as the Tribunal shall think fit to ensure substantial justice.

(2) No application to set aside any proceedings for irregularity shall be allowed unless made within reasonable time, or if the party applying has taken any fresh step after knowledge of the irregularity.

(3) Where an application is made to set aside proceedings for irregularity, the several objections intended to be insisted upon shall be stated in the notice of motion.

(4) No objection shall be made that a certified copy has been used instead of a duplicate instead of a certified copy.

(5) An election petition shall not be defeated by any objection merely as to form.

Nullification of 128. (1) Subject to sub-section (2) of this section, if the Election

Election by Tribunal determines that a candidate who if the Election Tribunal

Election Tribunal determines that a candidate who was returned as elected was not validly elected on any ground, the Election Tribunal shall nullify the election.

(2) If the Election Tribunal determines that a candidate who was returned as elected was not validly elected on the ground that he did not score the majority of valid votes cast at the election, the Election Tribunal shall declare as elected the candidate who scored the majority of valid votes cast at the election.

Person elected to 129 (1) If the Election Tribunal determines that a candidate

remain in office returned as elected was not validly elected, then if notice of appeal

pending appeal against that decision is given the candidate returned as elected shall, notwithstanding the contrary decision of the Election Tribunal, remain in office pending the determination of the appeal.

(2) If the Election Tribunal determines that a candidate returned as elected was not validly elected, the candidate returned as elected shall, notwithstanding the contrary decision of the Election Tribunal, remain in office pending the determination of appeal.

Application of 130 (1) Subject to the express provisions of this Law, the practice

Rules of Court and procedure of the Tribunal in relation to an election petition shall be as nearly as possible, similar to the Practice and Procedure of the High Court in the exercise of its Civil jurisdiction, and the Civil Procedures Rules shall apply with such modifications as may be necessary to render them conveniently applicable, as if the petitioner and the respondent were respectively the plaintiff and the defendant in a civil action.

(2) Subject to the provisions of this Law, any appeal to the Court of Appeal shall be determined in accordance with the practice and procedure relating to appeal in civil cases in that Court.

PART VII

APPEALS

Appeal from Local 131 (1) Appeal shall lie to the Court of Appeal from the decisions

Government of Local Government Council Election Tribunals established under this

Council election Law on any grounds specified in Section 74 of this Law or on any

Tribunal question whether any person has been validly elected as Chairman.

(2) The time within which to appeal to the Court of Appeal shall be within one month of the decision of the Local Government Council Election Tribunal.

Effect on deter- 132 (1) If the Local Government Council Election Tribunal

mination of determines that a candidate returned as elected was not duly elected,

notice of Appeal then any candidate declared by the tribunal as elected shall from the time of the decision of the Local Government Council Election Tribunal be deemed to be duly elected until any determination of the Court of Appeal.

(2) If the Local Government Council Election Tribunal determines that a candidate returned as elected was not duly elected and that the election was avoided then notice of Appeal from such determination shall be given within one month, the candidate returned as elected shall, notwithstanding the decision of the Local Government Council Election Tribunal, be deemed of the Local been elected for the period until the determination of the Court of Appeal.

PART VIII

MISCELLANEOUS

Custody and 133 (1) The Electoral Officer shall retain for six months all documents

Inspection of relating to an election forwarded unless otherwise ordered by the Local

Document. Government Council Election Tribunal, or unless he is aware that legal proceedings are pending in respect of such election cause them to be destroyed.

(2) An order for:-

(a) The inspection or production of any rejected ballot papers in the custody of an Electoral Officer; or

(b) The opening of a sealed packet of counterfoils in respect of any counted ballot papers or marked copy of a register of voters or any other packet in the custody of an Electoral Officer; may be made by the Local Government Council Election Tribunal if the Tribunal is satisfied that the requirement is for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of an election petition.

(3) An order for the opening of a packet of counterfoils or the inspection of any counted or rejected ballot papers in such custody may be made by the Local Government Council Election Tribunal in the course of proceedings in an election petition.

(4) An order under this section may be made subject to such conditions as the Local Government Council Election Tribunal may think expedient.

(5) The documents (other than the documents referred to in sub-section(2) of this section) relating to election retained by the Electoral Officer in accordance with sub-section (1) of this section shall be open to inspection upon an order made by a Local Government Council Election Tribunal in exercise of its powers to compel the production of documents in legal proceedings but shall not otherwise be open to inspection.

Remuneration for 134(1) The Commission may prescribe:-

Electoral Officers

(a) A scale or remuneration for Officer appointed under this Law for the conduct of election;

(b) A scale of maximum charges in respect of other expenses incurred by an Electoral Officer, Presiding Officer or a Returning Officer in connection with the conduct of an election and may revise the scales as and when it thinks fit.

(2) An Electoral Officer, A Presiding Officer shall, in addition to any remuneration prescribed under paragraph (a) of sub-section (1) of this section, be entitled to such sums in respect of expenses, not exceeding the prescribed scale, in connection with the conduct of an election as are reasonable.

Validation of 135. Notwithstanding any defects or errors in any orders, notices,

Orders, Notices, forms or documents previously made or given or whatsoever done

Etc in pursuance of the provisions of this Law, such orders, notices, forms or documents are hereby validated for all purposes with effect from the dates for which same were given or done respectively.

Forms 136. The forms set out in the Law may with such modifications as the Commission may think expedient, be used for the purposes of Local Government elections with respect to the matters contained therein

Repeal of Law 137. The Conduct of Local Government Elections Law No. 6 of

No. 6 of 2002 2002 is hereby repealed.

SCHEDULE Section 21 (2)

FORM A

NOMINATION OF CANDIDATE FOR LOCAL GOVERNMENT ELECTION

Date of Election……………………………………………………………

1. I, (The undersigned) am the candidate to whom this nomination paper relates and I hereby state that, I am willing to stand for election to the office of the Chairman/Councilor.

Of……………………………………………………………… Ward/ Local Government Area.

2. I also hereby state that, I am possessed of the following qualifications:-

(a) I am a Nigerian citizen of not less than 25years of age.

(b) I have paid my income tax for three years preceding the date of Election.

……………………………………………. Ward/Local Government Area.

Name:………………………………………………………………………

Address:……………………………………………………………………

Occupation………………………………………………………………....

Date:………………………………………………………………………..

Signature of Candidate:………………….

3. We, the undersigned are the ten Nominators of the above Candidate and are registered as voters for the Wards/Local Government Area for which the candidates seeks election.

Name:………………………………………………………………………

Address:……………………………………………………………………

Occupation………………………………………………………………....

Date:………………………………………………………………………..

Signature of Nominator:…………………………………………………...

Name:………………………………………………………………………

Address:……………………………………………………………………

Occupation………………………………………………………………....

Date:………………………………………………………………………..

Signature of Candidate:.…………………………………………………...

(There shall be 10-20 different nominators Names, Address, Number on register of voters, Occupation and Date).

Section 23

FORM B

ELECTORAL OFFICER’S RULING AS TO VALIDITY OF NOMINATION

To: (Prospective Candidate)

Local Government…………………………………………………………

Ward……………………………………………………………………….

Name:………………………………………………………………………

Take notice that a nomination paper received by me on the ……….... day of ……………………….20…….. in your favour (has been accepted by me as appearing to be valid)*

Or (Has been rejected by me as appearing to be valid upon the following grounds)*

…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

DATED …………………………. Day of …………….. 20…………….

………………………………………..

ELECTORAL OFFICER

Section 32

FORM C

FRONT PAGE OF BALLOT PAPER

Counterfoil Serial No………………………………………………………….. (The counterfoil is to number to correspond with that no back of the ballot paper).

Date……………………… day of …………….. 20……

Section 44

BACK PAGE OF BALLOT PAPER

Serial No…………………………………………………………………………………....

Note: The above number is to correspond with that on the fact of Counterfoil.

Section 44

FORM D

STATEMENT OF RESULT OF LOCAL GOVERNMENT ELECTION

I, ………………………….……………………………………………… hereby certify.

1. That I was Electoral Officer/Returning Officer/Presiding Officer for the election on the ……………………….day of ………………….. 20……… for the ……………………………………Ward/Local Government Area of the………….……………………………………………. Local Government Area.

2. That the election was contested/uncontested.

3. That the candidates received the following votes:-

Name:……………………………………………………………………………..

4. That the following was declared elected:-

Name:……………………………………………………………………………..

Dated……………………………… day of ……………………… 20………….

………………………………………………………..

ELECTORAL OFFICER/PRESIDING OFFICER

Section 81 (1)

FORM E

RECEIPT OF PETITION

Received on the …………………… day of ……………………… 20……… at the Registry of the Secretary, the Tribunal ……………………………………… …………………………………………………………………………………… a petition touching the election of ………………………………………………. ………………………….…………………………………………………….. Ward/Local Government Area.

Purported to be signed by……………………………………….(insert name of Petitioner).

……………………………..…………

Secretary

Section 82 (7)

FORM F

PETITION IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL

The Election to the ……………………………… Local Government for the ………………………………. Ward/Local Government Area held on the ……………….day of ….………………………………………………… 20…………...

BETWEEN

A,B …………………………….………………………………………………………….

Petitioner(s)

C.B…………………………………….…………………………………………………..

AND

E,F…………………………………………………………………………………………

Respondent(s)

G.H………………………………………………………………………………………..

The name of my (or our) advocate is …………………………………………or I (or we) am (or are) acting for myself (ourselves)

Signed:…………………………………..A,B

Signed:…………………………………..C,D

SIGNED before me this ………………………………….day of …………………20…..

………………………………

SECRETARY

Section 85 (1)

FORM G

NOTICE OF PRESENTATION OF PETITION IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL

The election to the ……………………………………. Local Government Council for the ………………………………………Ward/Local Government Area held on the …………………………..……………………………. Day of …………………….. 20…

BETWEEN

A,B ………………………………...……………………………………………………………

Petitioner(s)

C.B………………………………………………………………………………………….

AND

E,F………………………………………………………………………………………….

Respondent(s)

G,H…………………………………………………………………………………………

The petition of A,B. of ……………………………………………(or of A,B of ………………………………….. and C,D of …………………….. or as the case may be) whose names are subscribed.

TAKE NOTE: that the petition, a duplicate whereof is attached hereto has this day been presented in the Registry of the Tribunal named above and that you are to enter an appearance to the petition in the said Registry. Within …………………………………………………………. Day of the date when this notice was presented.

Thereof, or within……………. Day of the date when this notice was left at your address set out below, or as the Tribunal may direct by order under Section 85 of this Law otherwise proceedings upon the petition may be continued and determined in default of your appearance, and any document relating to such proceedings, and any document intended for you may be posted upon the Tribunal notice board, which shall be sufficient notice thereof.

DATED this……………………………….day of …………………… 20……

……………………………..

Secretary

Section 97 (1)

FORM H

NOTICE OF HEARING IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL

The election to the …………………………………………. Local Government Council for the ………………………………………. Ward/Local Government Area held on the …………………………..……………………………. Day of ……………………. 20….

BETWEEN

A,B …………………………………………………………...…………………………….

Petitioner(s)

C.B………………………………………………………………...………………………..

AND

E,F………………………………………………….………………………………

Respondent(s)

G,H…………………………………………………………………………………………

TAKE NOTE: That the above petition will be heard at ………………………… ………………………………… on the ……………….. day of …………. 20… and for such other subsequent days as may be determined.

DATED this………………………….day of ……………………………… 20….

…………………………………

SECRETARY

DATED this ………….day of ………………………. 20……..

EXPLANATORY NOTE:

(This note does not form part of this Law and less no legal effect.)

the purpose of this Law is to repeal the Conduct of Local Government Councils Election Law No. 6 of 2002 and replace same with this Law to be used for Elections into Local Government Councils in Kaduna State.

This printed impression has been carefully compared with the Bill which was passed by the Kaduna State House of Assembly and found to be true and correct printed copy of the said Bill.

HON. BASHIR ZUBAIRU ABDU UMAR

PART 1

Kaduna State of Nigeria

Gazstte

Kaduna State Notice No. 49

CONTENT

PART III

PART VI

Section 23

ELECTORAL OFFICER

FORM C

FRONT PAGE OF BALLOT PAPER

BACK PAGE OF BALLOT PAPER

Section 44

STATEMENT OF RESULT OF LOCAL GOVERNMENT ELECTION

ELECTORAL OFFICER/PRESIDING OFFICER

RECEIPT OF PETITION

BETWEEN

AND

BETWEEN

AND

BETWEEN

AND

Speaker Clerk To The Legislature