Local 1. There shall be Local Government Elections at which:

Government

Council a. One Councillor shall be elected for each of the Wards in all the 23 Local Government Areas in the State; and

Elections

b. A Chairman shall be elected for each of the 23 Local Government Councils in the State.

Person 2(1). A person shall be eligible to vote in any Local

Eligible Government election if:-

To Vote

a. He is a citizen of Nigeria and has attained the age of eighteen (18) 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 ha 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 confirm that the said card is missing or destroyed and:

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

c. The person is not impersonating another voter; and

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

3.A person shall be qualified as a candidate in the State to contest for any Local Government election if he:-

Qualification

Of Candidate

To contest

election

a. Is a citizen of Nigeria;

b. Has attained the minimum age of 25 years;

c. Is educated up to at least the School Certificate level or its equivalent;

d. Is a member of a political party and sponsored by the party.

e. He produces evidence of the 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 election 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 Ward other than his own another candidate who shall run as associate candidate for the office of Vice-Chairman.

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

j. He has not been found guilty of an offense by any Court or Tribunal in Nigeria or any Country.

4(1). A person shall not be qualified as a candidate to contest any Local Government election if:

Disqualification

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 any Local Government and has not resigned, withdrawn or retired from such employment 30 days before the date of election;

d. He has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or Tribunal under the Tribunals of Inquiry Act or under section 128 of the Constitution or any other Law set up by 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 person who has been:-

a. Adjudged to be a lunatic.

b. Declared to be of sound mind;

c. Sentenced to death or imprisonment; or

d. Adjudged or declared bankrupt.

Any appeal against the decision is pending in any Court of Law in accordance with any Law in force 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 sub-section (3) of this section an ‘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 5(1). No interim, interlocutory or any other order, decision or

Tribunal judgement by any Court or Tribunal before or after the

not affect commencement of this Law, in respect of any intra-party

not affect dispute or any other proceedings, or matter pertaining to an

timing of election under this Law, shall have any effect on the holding of

Election 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 day or time appointed by the Commission for the election.

Campaigns 6. Subject to the provisions of any enactment, candidates shall campaign in the Local Government Council Elections in the following manner:-

a. Campaigns shall be within the Ward or Constituency in which a candidate intends to contest the election;

b. Campaigns shall not be allowed within 12 hours preceding the date of the election.

c. Campaigns or addresses shall be devoted to outlining what the candidate intends to do for the people of this Constituency;

d. Campaigns or addresses shall not be carried out in Schools, Churches, Mosques or other religious places, Military or Police barracks or Stations, public offices and any other places the Commission may forbid from time to time;

e. Campaigns or addresses shall not be based on sectional, ethnic or religious sentiments or prejudices;

f. Bribery or other forms of inducement to voters, either directly or indirectly, shall be avoided by Candidates and their agents; and

g. Abusive or vile or derogatory language shall not be used during campaigns or address.

Voting by 7(1). Voting shall be by open secret ballot and in accordance

Open Secret with the procedure laid down in these Guidelines.

Ballot

(2). Voting shall take place on the same day and between the hours of 8;00am and 3:00pm throughout the State.

List of 8(1). Every registered political party shall, on such day as may

Candidates 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 deliver 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 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 candidates 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 9(1). Every candidate shall be nominated in writing by at least

of ten persons whose names appear on the register of voters for the Candidates 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 to by the candidate and by the persons nominating him and shall contain the following particulars:-

a. The names, address and occupations of the candidate;

b. The names, address and occupations of nominators of the candidates; and

c. A certification by the candidate that he is willing and qualified to stand for election.

(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 candidates 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 0’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, if 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 to nomination paper as a nominator may, so long as the candidate stands nominated, withdraw his nomination.

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

Non 10(1). Candidates contesting for the seat of Chairman of a

Refundable Local Government Council shall make a non Refundable

Deposit deposit of the sum of N75,000.00 to the Commission.

(2). Candidates contesting for the seat of Councillor of a Local Government Council shall make a non refundable deposit of the sum of N35,000.00 to the Commission.

(3). No nomination is valid unless such is backed by the receipt for the deposit made in accordance with sub-paragraphs(1) and (2) of this paragraph.

Method of 11(1). If after the latest time for the delivery of Election nomination papers and for the withdrawal of Councillors election to the Office of Councillor; more than one person

candidates for 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 person remains validly nominated, that persons shall be declare elected.

(3). Where a person is declared elected under the provisions of sub-section 92) 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 12(1). A candidate for an election to the Officer of Chairman shall be deemed to have been duly elected to Chairman such

Election of a. He has majority of YES votes over NO votes cast at the elections;

a Chairman

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 candidates fails to be elected in accordance with this sub-section then 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 Commission shall 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 candidates is duly elected in accordance with sub-section (3) of this section, there shall be a second election in accordance the sub-section (6) of this section at which the only candidate shall be:-

a. The candidates 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 candidates 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 election shall be deemed to have been duly elected to the office of a Chairman of a Local Government if:

a. He has as majority of the votes cast at the election; and

b. He has not less two-thirds of all the Wards in the Local Government Area, as the case may be.

(6). If no candidates is duly elected under sub-section(5) of this section 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.

Polling 13(1). Each candidate may appoint two persons

Agents (hereinafter referred to as ‘Polling Agent’) to attend to 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.

Allocation of 14.(1). No person shall be permitted to vote at any Polling Station other than the one to

Polling which he is alloteed

Station and
admission (2). He Presiding Officer shall regulate thadministration of voters to the Polling State, and shall

thereat exclude all other persons except candidates, Polling Agents, Polling Officers and any other persons who in his opinion has lawful reason to be admitted.

Accreditation 15.(1).The voting at an election shall be conducted in the

Procedure following manner that is:-

a. Every voter desiring to record his vote shall present himself to a Poll Clerk which he is entitled to vote and the Poll Clerk, after satisfying himself that such voter is a person whose name appears on the register of voters provided for the Polling Station and that he has not already voters, shall deliver to him ballot papers and ballot envelopes;

b. Before delivering the ballot papers to a voter the Presiding Officer may require the voter to submit to being searched by the Presiding Officer or a person directed by him for the purpose of ensuring that a ballot paper relating to the election is not in his possession and, if the voter shall not submit to a search, he shall not be entitled to receive the ballot papers;

c. A female voter shall not b searched except by a female;

d. For the purpose of satisfying the Poll Clerk as to his entitlement to vote, a voter shall produce to the Poll Clerk a registration card issued to the voter.

e. Immediately before the Poll Clerk delivers the ballot paper 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 voted 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 thumb print against the symbol of the candidate of his choice.

h. A voter shall after recording his votes for the ballot 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 nor place on the ballot paper in writing or mark by which h 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 shall submit to have the fingernail of his left thumb marked with the ink sufficiently indelible to leave a mark for a period of approximately ten hours.

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

Adjournment 16(1). When the proceedings at any Polling Station are

of Poll in interrupted or obstructed by riot or open violence, the
case of riot etc 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 polling station:-

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

b. Reference in this Law to the close of the poll shall be construed accordingly.

Closing of Poll 17. 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 18 (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 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 Collation 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 Collating Center.

(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 be 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 19(1). The Presiding Officer shall endorse the word ‘rejected’ on any ballot paper, Presiding Officer which is not to be counted.

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

Statement of 20(1). The Presiding Officer shall prepare a statement showing the number of rejected ballot rejected ballot papers and shall on papers 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 21. The decision of the Returning Officer to any question arising in respect of any

Decision is final ballot paper shall be final, and shall be subject to review only on an election
petition questioning final the election.

Recount

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

Equality of 23. When an equality of votes is found to exist between any two candidates, a fresh Votes election shall be conducted
Votes between the two candidates.

Publication of 24. The Returning Officer shall cause to be posted at the Office of the Local Government Result of Council concerned a copy
Election of the notice of the result of the election and shall forward to the Secretary of the Commission a copy of the Certificate or Statement of Result.

Non attendance    25. Where in this Law any act or thing is required or not authorized to be done by or in of Agents            the presence of the Agents of the candidates, the non attendance of any
to Invalidate     Agent at the time any act or thing and place appointed for the purpose shall not, if any
                             act or thing is otherwise properly done, invalidate the act or thing done.

Dated at Kaduna this 7^th day of February, 2004.

ALHAJI ABUBAKAR K. MOHAMMED

EXECUTIVE CHAIRMAN

KADUNA STATE INDEPENDENT ELECTORAL COMMISSION.