KEBBI STATE INDEPENDENT ELECTORAL COMMISSION (KESIEC)

GUIDELINES FOR LOCAL GOVERNMENT COUNCILS

ELECTION, MARCH, 2004.

For the purpose of Local Government Council Elections scheduled to take place the Kebbi State Independent Electoral

Commission (Hereinafter referred to as the “Commission”) in the exercise of powers conferred upon it by law, hereby issues

the following guidelines, that is to say :-

 

Local Government Elections

 

1)

a)

b)

 

There shall be Local Government council election at which:-

A Councillor shall be elected in each ward of the 21 Local Government Areas of the State.

A Chairman shall be elected for each of the 21 Local Government Areas, in the State.

Qualification To Vote

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2)

 

 

 

 

 

 

 

 

A person shall be eligible to vote at the Local Government Councils Flections if:-

a)       He is a citizen of Nigeria

b)       He has attained the age of eighteen years.

c)       He is ordinarily resident in the ward or constituency where he intends to vote,

or is an indigene of the ward or constituency where he intends to vote:

and

d)       He is registered voter in the ward or Constituency; and obtained a registration

card to be presented at the Polling Station on the day of election:

 

Provided that where a person claims that his name is in the register of voters for the polling station

or unit but that his voters card is missing or has been destroyed, the Presiding Officer shall, if:-

 

i).       The name of the person is found in the register of voters for the Polling Station or unit; and

ii)       He has satisfied himself that the person is not impersonating any other person, allow the person

to vote.

 

Disqualification for Contesting Election.

3.

A person shall not be qualified to contest the Local Government Council elections if

a)       Under any law in force in any part of Nigeria he is adjudged to be a lunatic or is otherwise

declared to he of unsound mind;

b)       He is under a sentence of death imposed upon him by any court or tribunal in Nigeria

or a sentence of imprisonment or fine for an offence involving dishonesty or fraud by whatever

name called.

c)       He has been found guilty of contravention of the Code of Conduct under the Code of

Conduct Bureau Act, of the Laws of the Federation of Nigeria, 1990.

d)       He is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt;

under any law in force in any part of Nigeria or any other country;

e)       Being a person employed in the Public or Civil Service, he has not resigned, withdrawn

or retired from such employment 30 days before the date of the election;

f)        lie is a member of a secret society;

g)       He has been indicted for embezzlement of public funds or for bribery or fraud by any

tribunal or Panel of Inquiry established by any Acts or Laws;

         or

h)       He has been indicted for examination malpractice including presentation of forged or false

         certificate.

i)        He has voluntarily acquired the citizenship of a country other than Nigeria or except in

such cases as may be prescribed by National Assembly, or has made a declaration of

allegiance to such a Country,

(j).      He has presented a forged document to the State Independent Electoral Commission

Qualification for Contesting The Election

4).

A person shall be qualified to contest Local Government Council election if:-

a)       He is a citizen of Nigeria;

b)       He has been educated up to at least the school certificate level or its equivalent;

c)       He is not below the age of 25 years at the material time

d)       He is ordinarily resident in the Ward or Constituency in which he intends to contest the election

or is an ndigene of the Ward or Constituency;

e)       He produces evidence of tax payment as and when due for a period of three consecutive years 
            immediately preceding the year of the election;

f)        In the case of Councillorship election be is nominated in writing by 10 persons whose names

appear in the register of voters for the Ward in which he intends to contest the election;

g)       In the case of Chairmanship election, he is nominated in writing by 20 persons, coming from

at least two thirds of all the wards in the Local Government Area where he intends to contest the election,

             whose names appear in the register of voters for the respective Wards;

h)       In the case of Councillorship election, he makes to the Commission a payment of an amount of

money not below N20,000.00 (twenty thousand) Naira which the Commission will decide as a mandatory

non-refundable fee as part of the requirement for contesting the elections;

election;

j)        he has not been dismissed by the Public or Civil Service of the Federation or of a State or Local

Government or from the service of any parastatal of any arm of’ Government or from an employment in the

Private Sector;

  k)       He has not been found guilty of an offence involving narcotic drugs or any other psychotropic substance

by any court or tribunal in Nigeria or in any other country;

l)        He has not been adjudged guilty of treasonable felony by any court or tribunal in Nigeria;

m)      he is registered as a voter in the ward or constituency in which he intends to contest the election;

n)       he is a registered member of a Registered Political Party; and

o)       in the case of candidate contesting as Chairman, he has nominated from a Ward other than his own,

another candidate as his associate who shall occupy the office of Vice-Chairman PROVIDED that the provisions

of the Law relating to qualifications and disqualifications of Chairman shall also apply to the Vice Chairman.

In this Guidelines, unless it is otherwise expressly provided or the context otherwise requires:

         “School Certificate or its equivalent” means-

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

c)       Primary Six School Leaving Certificate or its equivalent and

(i)       service in the public or private sector in the Federation in any capacity acceptable to the Kebbi State

Independent Electoral Commission for a minimum of ten years, and

(ii)      attendance at courses and training in such institutions as may be acceptable to the Kebbi State

lndependent Electoral Commission for periods totaling up to a minimum of one year, and

(iii)      the ability to read, write, understand and communicate in the English language to the satisfaction

of the Kebbi State independent Electoral Commission; and

d)       any other qualification acceptable by the Kebbi Slate Independent Electoral Commission;

 

Manner Of Campaign

5.

Subject to the provisions of any law, candidates shall Government Council elections in the following
 manner:-

 

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

b)       Campaigns shall not be allowed within 24 hours preceding the date of the election;

c)       Campaigns or addresses shall be devoted to outlining what the candidate intends to do for the people
            of his ward or constituency;

d)       Campaigns or addresses shall not be carried out in schools, churches, mosques, or other religious
            places, military or police barracks or similar 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;

1)       Bribery or other forms of inducement of voters, either directly or indirectly, shall be totally avoided by
            candidates and their agents; and

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

         addresses.

 

 

Voting By Secret Ballot

6.

(1)      Voting shall be by open secret ballot and in accordance with the procedure laid down in these
            guidelines.

(2)      Voting shall take place on the same day and at the same time throughout the State at the wards and
            Constituencies as may be announced by the Commission.

Presentation and Screening of the Candidate.

7.

(1)      Every Registered Political Party shall in accordance with a written directives of the Commission deliver
            to the Commission :

           a)        In Form KBCF 001 the personal particulars of its candidates for the election as supplied by the
                        candidates; and

           b)        In form KBCF 002, a list of candidates the political party proposes to sponsor at the election in
                        accordance with the prevision of these guidelines.

 

(2)      After receipt of the list of candidates and their personal particulars from the Registered Political Parties,
            the Commission shall deliver to the Registered Political Parties; Political Parties;

            a)       In form KBCF 003, a list of candidates who are adjudged qualified to contest the elections; and

            b)       Where applicable, in Form KBCF 004, a separate list of candidates disqualified from contesting
                        the elections.

3        Where a candidate is rejected, the Commission shall allow the Registered Political Party concerned an
            opportunity to substitute the candidate with another candidate PROVIDED that the substitution is made
            within the time allowed by the Commission for the purpose.

(4)      Any person not satisfied with decision of the State Screening Committee regarding qualification or
           disqualification of a candidate may appeal to the Commission’s Headquarters Birnin Kebbi for review,
           using Form KBCF 005. The appeal shall be submitted to the Chairman, Kebbi State Independent
           Electoral Commission in accordance with the directives to be issued.

 

Non Refundable Deposit

8

(l)       Every candidate shall, before his nomination paper is delivered to the Commission, deposit or cause
            to be deposited with the Commission the sum specified in paragraph 4 (h) or (i) as the case may be, of
            these guidelines, and shall at the time of delivery of nomination paper produce and show to the
            Electoral Officer, official receipt for the sum.

Nomination Papers

 

2).      No nomination shall be valid unless such is backed up with the receipt for the deposit made in
            accordance with sub-paragraph (1) of this paragraph.   A candidate or any person nominating him shall
            obtain the nomination    paper in Form KBCF’ 4F or 4G, as the case may be, from the place appointed
            by the Commission for the purpose.

 

Councillorship Elections

9)

(1)      If after the latest time for the delivery of nomination papers and the withdrawal of candidates for election
            of Councilors, only one candidate remains duly nominated, that candidate shall be deemed returned
            unopposed.

(2)      If after the latest time for the delivery of nomination papers and for withdrawal of candidates for election
            of Councilors more than one candidates remain duly nominated, poll shall be taken in accordance with
            the procedure in these guidelines

 

Chairmanship Elections

 10)

(1)      Where in an election to the office of Chairman;

            a)       At the close of nomination only one candidate has been nominated, the Commission may
                        extend the time for nomination; or

            b)       At the close of nomination one of the candidates nominated for the election is the only candidate
                        by reason of the disqualification, withdrawal, incapacitation, disappearance, or death of the other
                        candidate the Commission may extend the time for nomination by 7 days, so however that
                        where after the extension only one candidate remains validly nominated, there shall be no
                        farther extension.

           c)        A candidate for an election to the office of Chairman shall be deemed to have been duly elected
                        to the office where, being the only candidate nominated for the election.

           i)        he has a majority of YES votes over NO votes cast at the election; and

           ii)        He has not less than one third of the votes cast at the election in each of at least two-thirds of all
                        the wards in the Local Government Area. But where the only candidate fails to be elected in
                        accordance with this sub-paragraph, then there shall be fresh nominations.

 

2)       A candidate for an election to the office of the Chairman shall be deemed to have been elected where,
            there being only two candidates for the election.

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

           b)        he has not less than one quarter of the votes cast at the election in each of at least two-thirds of
                        all the wards in the Local Government Area.

3)        If no candidate is elected under sub-paragraph (2) of this paragraph the Commission shall within 7
           days arrange for another election between the two candidates and a candidate at this last election shall
           be deemed duly elected if he scores the majority of votes cast at the election.

 

4).      A candidate for election to the office of Chairman shall be deemed to have been duly elected where,
            there being more than two candidates for the election.

         a).      He has the highest number of votes cast at the election; and

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

 

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

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

            (b)      The candidate who has the majority of votes in the highest number of Wards.

                       So however that where there are more than one candidate, the one among them with the highest
                        number of votes cast at the election shall be the second candidate at the election.

 

(6)      The Commission shall, within 7 days of the result of the election in which no candidate is elected     
             under sub-paragraph (4) of this paragraph, arrange for another election between the two candidates
             shown in sub-paragraph (5) of this paragraph and a candidate shall be deemed duly elected if:-

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

             b)      He has not less than one quarter of the votes cast at the election in each of at least two-third of
                        the wards in the Local Government Area.

 

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

Polling Agent

11)

(1).     Each participating Registered Political Party may appoint one person as its polling agent for each
            polling station or unit in the ward or constituency in which they are sponsoring a candidate to contest
            the election.

 

(2)      Notice in writing shall be given to the Commission by each Participating Registered Political Party not
            later than two days before their agents report to the stations or units to which they have been assigned

 

Allocation Of Polling Station Or Unit

 

 12)

 

(1)      No person shall be permitted to vole at any polling station or unit other than  the one at which he is  
            entitled to vote according to his area or location.

(2)      The Presiding Officer shall regulate the admission of voters to the polling stations, and shall exclude
            all other persons except candidates, polling agents, poll clerk, poll orderly and any other person who in
            his opinion has lawful reason to be admitted.

 

Accreditation Procedure

13)

(1).     The accreditation and voting shall commence on the day and tune stipulated by the Commission.

(2       The Presiding Officer shall:-

            a)       Cross-check the voters card of a person applying for accreditation against the register and may
                        ask the voter if required by a candidate or the polling Agent, the following questions or any of the
                        questions, that is:­

                         i)       Are you the person whose name is on the register of voters as follows . . ? (reading the 
                                   copy of the entry in the register).

                         ii)      Are you a person above 18 years of age?

           b)        Not accredit any voter who answers the questions in sub-paragraph (2) (a) of this paragraph in
                        the negative.

           c)        Mark the name of the voter in the register with a biro;

           d)        Stamp and sign each voter’s card at the back with the appropriate stamp and state the date and             
                        type of election in code; and

            e)       Enter in from KBF.C 8A statement of result form:

                     (i)       the number of persons registered to vote at the Poling Station;

                     (ii)      the number of registered Voters accredited;

                     (iii)     The serial numbers of the ballot papers issued to the Polling Station

                     (iv)      the serial numbers of ballot papers issued to the Voters;

                        (v).      the serial numbers of unused ballot papers;

 

3)       The Presiding officer shall, sign Form KBEC 8A and be countersigned by polling agents where
             available to authenticate the numbers entered therein

Past Accreditation Procedure

 

14)

 

         At the beginning of the accreditation and voting, the Presiding Officer shall:-

a)       explain the voting procedure to be followed.

b)       introduce the candidates or their posters and symbols, the poll clerk and the polling Agents.

c)       explain the activities which constitute election offences, within the polling zone, including penalties for
            committing each offence.

d)       ensure that posters bearing photographs of the candidate are displayed within the polling zone.

 

 

15)

After compliance with the provisions of paragraph 14 of these guidelines the Presiding Officer shall:-

a)       Announce the commencement of voting;

b)       Request the voters to line up in separate lines of: Men and Women.

c)       Request security agents or poll orderlies to regulate the queuing and movement of the voters at the
            polling unit.

e)       Direct voters to the voting table where, after thumb-printing the ballot papers secretly, they shall vote in
            the view of all present;

f).       Count the votes at the close of polls at the polling station in the presence of the voters; and

g)       Announce the number of votes counted for each of the candidates.

 

Close Accreditation

16)

1)       When the prescribed hour for the closing of voting has been reached no more persons shall be
            admitted to the polling station, but those persons already inside the queue shall be accredited and be
             allowed to vote.

(2)      The accreditation and voting shall commence in all the Wards and constituencies throughout the State
             by 8:000 a.m and end by 3:00pm.

(3)      The Presiding Officer shall by 3:00pm. request the security agents or poll orderlies to stand at the end
             of the queue behind the last voter and thereafter not admit any other person to join the queue.

 

Counting of Votes

17)

(1)      The Presiding officer shall after counting of votes enter the votes scored by each candidates in Form
             KBEC 8A or KBEC 8A (i)as the case may be.

2)       The statement of result Form shall be signed and stamped by the Presiding Officer and countersigned
             by the candidate agents where available at the polling station.

 

Post Election Procedure And Collation Of Result

 

18)

 

(1)      The Presiding Officer shall give to the Polling agent and the Police Officer copies of the completed
             Form KBEC 8A or KBEC 8A (1).

2)       After the recording of the results. of the election, the Presiding Officer shall announce and take the
            result and the materials used in conducting the elections to the Ward collation Centre under security
            escort, if available.

3)       The Ward Returning Officer shall:-

            a)       take delivery of all Forms KBEC 8A and KBEC 8A (1)for the Chainnanship and Councillorship
                        elections respectively from the Presiding Officer;

             b)      collate the votes entered in form KBEC 8A in the case of chairmanship election or Form KBEC
                        8A (1) as the case may be;

             c)      enter the votes in both words and figures in the appropriate space in Form KBEC 8B (1) in the 
                        case of Councillorship election, sign the form and get the polling agents to sign too;

            d)            cross-check the figures in form KBEC 8B (1) carefully and distribute copies of same to the
                        polling agents and security agents available at the collation centre

            e)       enter the scores of each candidate in the Declaration of Result Form KBEC 8E for the
                        councillorship election and

            f)        declare the councillorship election result for the ward, and return the candidate with the majority 
                        of votes as duly elected.

4)       Having declared the result of the councillorship election for the ward, the ward Returning Officer shall  
            proceed as follows in respect of the chairmanship election result;

            a)       Enter the votes in both words and figures in the appropriate space in Form KBEC 8B, sign the
                        form and get the Polling Agent to sign too and announce the result of the ward:

             b)  distribute the duly completed and signed Form KBEC 8B as follows:-

                        i)        the original copy to be taken to the Chairmanship election Returning Officer at the Local
                                    Government Arc:~ collation centre;

                        ii)       one copy to be given to each Agent of the candidates, if available;

                        iii)      one copy to be given to the police officer if available at the ward collation centre;

             c)      Proceed to the Local Government Area collation centre where he shall hand over to the
                        Returning Officer, the original copy of the result and the other materials relating to the election:

             d)      The Local Government Area Returning Officer shall ;-

                        i)        take delivery of all forms KBEC 8B submitted by ward Returning Officers from the wards in
                                    the Local Government Area;

                        ii)       Collate the result by transferring votes scored by each Chairmanship candidate from            
                                    KBEC 8B into Form KBEC 8C ward by ward;

                        iii)      announce loudly the total votes scored by each candidate at the Local Government Area
                                    level as recorded in Form KBEC 8C;

                       iv)       thereafter sign the duly completed form KBEC 8C and get the polling agents at the 
                                    collation centre to sign too;

                      v)         cross - check the figures in Form KBEC 8C carefully and distribute copies of same to the 
                                    polling agents and the police officer if available;

                      vi)        retain the original Form KBEC 8C to be returned to the Electoral Officer for custody;

                     vii)        enter the score of each candidate in the declaration of result form KBEC 8E for the
                                    Chairmanship election;

                      viii).      declare the Chairmanship election result for the Local Government and return the
                                   candidate who has won the election in accordance with paragraph II of these guidelines;
                                   and

                    ix)         take the original of Form KBEC 8A KBEC 8A(l), KBEC 8B, KBEC 8B(l), KBEC 8C. KI3EC 8E
                                   together with other materials relating to the election delivered to him by the ward Returning
                                   Officer to the Electoral Officer;

                    e)           The decision of the ward Returning Officer in respect of the councillorship election and the
                                   Local Government Area Returning Officer in respect of the Chairmanship election on any
                                   question arising from or relating to : -

                                   a)        Ballot papers:

                                   b)        Scores of candidates:

                                   c)        return of a candidate: shall be final and subject to review only by Election Tribunal 
                                                or Appeal -

Tribunal as the case may be, in election petitions proceedings.

 

Equality of Votes

19)

If two or more candidates poll equal number of votes, the Returning Officer shall not return any of the candidates

and a fresh election shall be held for the candidates on a date to be appointed by the commission.

 

Certificate of Return Of Election

20)

A sealed Certificate of Return at election shall be issued to every candidate who has won a local government election;

 

Resolution of Election Disputes

21)

1)       Disputes arising from the election shall be resolved through an election petition brought before an
           Election Tribunal which shall be duly established for the purpose;

 

2)       Election petitions should be brought within 30 days from the date on which the result of the election is
            declared.

3)       An election petition shall be heard and determined within 60 days from the date on which it is flied at
            the Election Tribunal;

4)       An appeal arising from the decision of the Election Tribunal on election petition shall be heard and
            determined within 30 days from the date of filling.

Affirmation

22)

Before taking the responsibilities vested on them under these guidelines the Electoral Officers, Presiding

Officers and Returning Officers be affirmed as follows:-

 

 

 

I. ……………………………………………………………do solemnly, sincerely and truly declare that as …………………………………………….. of the Kebbi State Independent Electoral commission for the conduct of the Local Government Elections, I will not accept bribe or gratification  from any person or Political Party and I shall perform my functions and duties impartially without fear or favour and in the interest of the Federal Republic of Nigeria.

So help me God.

 

 

 

 

________________________________                        __________________­­­­______

SECRETARY OF THE COMMISSION                              DECLARANT SIGNATURE

(Signature and Stamp)

 

 

 

HAJIYA ADA SANI KA’OJE (MRS)

Chairperson,

Kebbi State Independent Electoral commission (KESIEC)

Birnin Kebbi