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ONDO
STATE INDEPENDENT ELECTORAL COMMISSION
KM 4 Oba-Ile Road, Akure Ondo State GUIDELINES FOR LOCAL GOVERNMENT ELECTIONS |
FOREWARD
The Commission has,
pursuant to the powers conferred on it by Local
Government Administration, conduct of. Local Government Election and
Allied Matters Law, 2002, issued these guidelines for Elections to the
office
of the Chairman, Vice-Chairman and Councilor of Local Government Area
in the State.
These Guidelines are intended to guide Political parties and their candidates
and to educate poll officials and the electorate. It is the belief of
the Commission that voter's education is an invaluable asset for the attainment
of free, fair and acceptable elections. Political Parties, their candidates
and the electorate are therefore charged to make good use of these Guidelines.
Prof. R. S. Fatuyi
Chairman .
Ondo Slate Independent Electoral Commission
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State Independent Electoral commissions have the responsibility to organize, undertake and supervise all election to Local Government Councils within the State and thus provide guidelines to political parties stipulating the rules and procedures for the electioneering process.
All registered Political Parties will hold meting(s). These guidelines and timetable for the election and other related matters will be discussed.
Each Political Part has in its constitution the procedure for the selection of candidates that the party intends to sponsor in the Local Government elections. Parties do this through Ward and Local Government Congresses for the selection of Councillorship and Chairmanship candidates.
The congress shall be held in such a manner that not more than one Political
Party will convene in a particular location a the same time, a Police
Clearance Permit shall be obtained by every Political party for holding
the congress.
The exercise of the powers conferred on it by the Local Government Electoral
Law, 2002 and of all other powers enabling it in that behalf , The Ondo
State Independent Electoral Commission (referred to as "the Commission")
hereby issues the following Guidelines, for Local Government Areas Elections
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(a)
(b)
A Chairman and a Vice-Chairman shall be elected for each Local Government Area in the eighteen Local Government Areas and
a Councillor shall be elected for each ward in each of the eighteen Local Government Council Areas of Ondo State.
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2
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l).
m)
he is a citizen of Nigeria.
in the case of election to the office of the Chairman, he is a citizen of Nigeria by
Birth and has attained the age of 30 years;
in case of councilor he/she must attain the ageof25 years
he is ordinarily resident in The ward or constituency in which he intends to contest the election and has been so resident for a period of 1 year immediately preceding the election, or is an indigene of that ward or constituency
is registered as a voter;
is educated up to at least the school Certificate level or its equivalent;
is a member of a political Party and is sponsored by that Party;
produces evidence of payment of tax as and when due on tax exemption for a period of three years immediately preceding the year of election
in the case of a Councillorship election is nominated in writing by 10 persons
whose names appear on register of voters for the ward in which he intends to contest the election, and
in the case of Chairmanship election he is nominated in writing by 20 persons in at least two-third of the wards who are members of his/her party in that Local Government area;
in the case of councillorship election, he makes to the commission a payment of non-refundable sum of N25,000.00 as nomination fee and a sum of N5,000.00 as Handling charges;
in the case of chairmanship election, he makes to the commission a payment of non-refundable sum of N50,000.0O as nomination fee and a sum of N5,000.00 as handling charges;
in the case of candidate contesting as Chairman, he shall nominate from award other than his own, another candidate who shall run as his associate for the office of the Vice Chairman
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
Person shall not be qualified to contest Local government election if:
(a.) subject to the provision of section 28 of the Constitution, he has
voluntarily
Acquired the citizenship of a country other than Nigeria, or except in
such cases as may be prescribed by the National Assembly, has made a declaration
of allegiance to such country;
under any law in force in any part of Nigeria, he is adjudged to be
a lunatic or otherwise declared to be unsound of mind;
he is under a sentence of death imposed on him by any competent court
of law or tribunal in Nigeria or a sentence of imprisonment or fine for
an offence involving dishonesty or fraud by whatever name called money
laundering, drug related offence or any other sentence imposed on him
by such a court or tribunal substituted by a competent authority for any
other sentence imposed on him by such a court or tribunal;
within a period of less than 10 years before the date of an election to
the Local Government Council, he has been convicted and sentenced for
an offence guilty of a Contravention of the code of conduct;
he is an undercharged bankrupt, having been adjudged or otherwise declared
bankrupt under any law in force in any part of Nigeria
he is a person employed in the public service of the Federation or of
any State or Local Government Council (other than a person holding elective
office) and he has not resigned, withdrawn or retired ,from such employment
30 days before the date of election;
he is a member of a secret society;
he has been indicted for embezzlement or fraud by a Judicial commission
of Inquiry or an Administrative Panel of Inquiry or a Tribunal of Inquiry
Law or Any other law by the Federal or
State Government which indictment has been accepted by the Federal or
State Government, as the case may be;
he has within the preceding period of 10 years presented a forged certificate
to the commission;
he has been dismissed from the public service of the Federation or a State;
or
he has been elected to such office at any two previous elections.
he has been adjudged guilty of treason or treasonable felony by any court
or tribunal in Nigeria
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chairman of Local Government Area Council in these Guidelines shall apply in relation to the Office of Vice Chairman as if reference to the Chairman were references to the
Vice Chairman.
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(a)
(b)
(c)
(d)
(e)
(f)
campaign shall be within the Local Government Area, ward in which a candidate intends to contest the election;
campaign shall not be allowed within 24 hours preceding the date of the election
campaign shall be devoted to outlining what the candidate intends to do for the people of
the Local Government Area or ward
campaign shall not be carried out in churches, mosques or other re1igous places, military or police barracks or stations, public offices, schools or any other place the commission may forbid from time to time;
campaign shall not be based 5on sectional ethnic or religious sentiments or prejudices and
abusive, vile or derogatory language shall not be used during campaign
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he is registered as a voter.
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7 (1)
(2)
(3)
whenever a voter's card is lost, destroyed, defaced, torn or otherwise
damaged, the,
voter shall apply in person to the authorities of the independent National
Electoral
Commission (INEC), stating. The circumstances of the loss, destruction.
defacement or damage
if INEC is satisfied as to the ci8rcumstances of the loss destruction,
defacement or damage of the voter's card. A duplicate Voter's Card with
the "DUPLICATE" clearly Marked or printed on it, showing the
date of issue shall be issued to voter.
No person shall issue a duplicate voter's card on Polling Day or within
seven days before polling Day.
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(2)
Voting shall take place on the day appointed by the Commission for an election between the hours of 8.00am and 3.00pm throughout the State.
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(2)
9 The list shall be accompanied by personal particulars of the Candidates in Form CF.001 and an affidavit sworn to by each candidate at the High Court of the State or a magistrate court as the case may be, indicating that he has fulfilled all the requirements for election into the office he is seeking to be elected.
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(2)
(3)
(4)
(5)
Any question, issue or appeal arising from Screening; clearance, qualification or Disqualification of candidates by the clearance committee in respect of the election shall be dealt with by the Commission.
). The Commission shall have power to ratify the final list of candidates for the election and its decision in respect of any question, issue or appeal from the screening, clearance qualification and disqualification by the Commissions clearance committee of a Candidate in respect of the election shall be binding.
An appeal to the Commission against the rejection of a candidate shall be in Form EC, 005
A candidate may withdraw his candidature In writing signed by himself, or by one
Of the persons nominating him to the Electoral officer not later than one o'clock In the afternoon of the 10th day before the Election. The withdrawal letter must be Authenticated by the political party of the Candidate.
Screening of Candidates
Ratification of Candidate
Appeal against disqualification
Withdrawal of candidate
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(2)
No candidate who has been cleared to Contest an election for any reason whatsoever,
be substitutes except the candidate dies or Voluntarily withdraws his candidature.
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or ward for the same election
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14 (1)
(2)
Where a person is declared elected under the provisions of sub paragraph (1) of this "paragraph, a Declaration of Result Forms as may be prescribed by the Commission shall be completed and a copy therefore, issued to the Person by the returning Officer while the original of the form shall be returned to the Commission as in the case of a contested election
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for an election other than in election to the office of Chairman of Local Government shall he declared and returned elected. where he wins simple majority of votes cast at the election
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(2)
(3)
(4)
(5)
(6)
a candidate for an election to the office of the Chairman shall be deemed
to have been duly elected to office where he is the only candidate nominated
for the election after the expiration of the time allowed for nomination.
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-third of all wards
in the Local Government Area.
if no candidate is duly elected under sub paragraph (2) of this paragraph
the commission shall within 7 days conduct a second election between the
two candidates, and the candidates who scored the majority of votes cast
at the election shall be deemed elected at the election.
a candidate for an election to office of the 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 votes cast at the election
and
(b). he has not less than one quarter of the votes at the
election in each of least two-third of all the wards
in the Local Government Area
if no candidate is duly elected in accordance with subparagraph (4) of
this paragraph there shall he a second election in accordance with subparagraph
(6) of this paragraph at which the only candidate shall be
(a). the candidate who scored the highest number of votes
at the election held under subparagraph (4)
of this paragraph and
( b). one among the remaining 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
total number of votes cast at the election shall be the Second candidate
for the election
in the Local Government area as the case may he:
if no candidate is duly elected under sub paragraph (4) of this paragraph,
the commission shall within 7 days of' the result of the last election
arrange for another election between the two candidates specified in subparagraph
(5) of this paragraph' and a candidate at the last election shall be deemed
elected to the office of a Local Government if he scores the majority
of votes cast at the election.
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(2)
candidate (s) for election.
the notice shall be in writing, signed addressed and delivered to the Electoral Officer of the Local Government/Area by the Political Party not later than 7 days before the date of the election conveying the names and addresses of its polling agent and the respective polling Units or collation, centers which they have been assigned.
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(2)
The Presiding Officer shall regulate the admission 'of voters to the polling unit, and shall exclude all other persons except candidates, polling agents, poll clerk, poll
Assistant, security personnel and any other person who in his opinion as lawful reason to be admitted.
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(2)
(3)
(4)
(a) explain the voting procedure to he
followed;
(b) introduce the poll clerk, poll Assistant
and polling agents;
(c) explain the activities which constitute
election offence within the polling zone;'
(d) announce that commencement of' voting;
(e) separate the queue between men and women,
if in that area of the state, the culture is such that
it does not permit, the mingling of men and women in the same queue; and
(f) open the empty ballot box, show same
to such persons as may lawfully be present at the polling
station and then close and seal the box in such manner as to prevent its
being opened by
unauthorized person(s). The box shall then be placed in full view of all
present, and be so
maintained
until the close of poll.
Every person intending to vote shall present himself to a Presiding Officer
at the' polling unit in the constituency in which his name is registered
with his voter's card.
A candidate or a polling agent may challenge the right of a person to
Receive a ballot paper on the ground that
(a) he is not registered to vote at the polling
unit,
(b) he has already voted at the election; or
(c) he is under age; or
(d) he is an alien; or
(e) any other ground covered by law.
The Presiding Officer may, if satisfied that the allegation has been proved
on any of the grounds mentioned in sub-paragraph (3) of this paragraph,
refuse to issue the person a ballot paper.
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voter into the compartment and assist the voter to make his mark in favour, of the candidate of the voter's choice.
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if he does, such ballot shall be rejected provided that any print resulting from the staining of the
thumb of the voter in the voting compartment shall not be deemed to be a mark for identification.
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by the Presiding Officer.
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(2)
After the declaration of the close of polls, no voter already inside the polling unit shall be permitted to remain in the polling unit unless otherwise authorized under sub paragraphs (2) of paragraph 20 of these Guidelines.
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(a) enter the scores of the candidates in both words and figures in Form EC. 8A or EC. 8A (1) as the case may' be;
(b) sign and stamp the Form and request the candidates or their polling agents where available at the polling unit to sign too;
(c) announce the votes scored by each candidates;
(d) give to the polling agents and the police where
available a copy each of the completed Form after it has been duly signed; and
(e) take the original of the Form to the Returning Officer.
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COLLATION OF RESULTS OF LOCAL GOVERNMENT AREA ELECTIONS:
(a) take delivery of all Forms EC. 8A and EC.8A(l) for the Chairmanship and Councillorship elections respectively from the Presiding Officer ;
(b) collate the votes entered in Form EC.8A in the case of Chairmanship election and Form EC.8A(1) in the case of Councillorship election, using Form EC.B or EC.8B(1), as the case may be;
(c) enter the votes in both words and figures in the appropriate
space in Form EC.8B(1)
in the case of Councillorship
election, sign the forms and get the polling agent to sign too;
(d) cross-check the figures in Form EC.8B(1) carefully and distribute copies to the Polling Agent and the Police where available at the ward collation center;
(e) enter the score of each candidate in the Declaration of Result FormEC.8E(1) for the Councillorship election; and
(f) declare the Councillorship election result for the ward and
return the candidate with the majority of
votes cast as duly elected.
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election:-
(a) enter the votes in both words and figures in the appropriate space in Form EC.8B, sign the form and get the polling agents to sign, announce the result of the ward.
(b.) distribute copies of the duly completed and signed Form EC.8B to the polling agents and the police were available at the collation center and
(c). proceed to the Local Government Area collation center where
he shall hand over to the returning
Officer the original of Form EC.8B the result and the other materials
relating to the elections;
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The Local Government Area Returning Officer shall:-
(a.) take delivery of all form EC.8B submitted by the ward
Collation Officer from the wards in the Local
Government Area;
b) collate the result by transferring votes scored
by each Chairmanship candidate from Form EC.8B
into Form EC.8C ward by ward;
(c) announce loudly the total votes scored by each candidate
at the Local Government
Area level, as recorded in Form
EC.8C
(d) thereafter sign the duly completed Form EC.8C and get
the Polling Agents
at the collation center to sign
(e) cross-check the figures in. Form EC.8C carefully and distribute
copies to the Polling Agents and the
Police, Where available;
(f) retain the original Form EC.8C which shall be returned
to the Electoral Officer custody;
(g) enter the score of each candidate 'in the Declaration of Result
Form EC.8E for the Chairman election;
(h) declare the chairmanship election result for the 'Local Government
Area, and return the candidate who
has won the election in accordance with section 62 of the Local Government
Administration, of Local Government
Election and Allied matters Law, 2002; and
(i) take the original of Forms EC.8A, EC.8A(l'); EC.8B, EC.8B(l),
EC.8C and EC.8E together.
With other materials relating to the elections delivered to him by the ward Collation Officers to the Electoral Officer.
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(a) ballot;
(b) scores of candidates; or
(c) return of a candidate, shall he final and subject to review only by an Election' Tribunal in an election petition.
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The Returning Officer shall not return any of the Candidates and a fresh
election shall, beheld for the candidate on a date to be appointed by
the Commission.
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(2)
(3)
(4)
(5)
(6)
(7)
If after 1 4 days of the occurrence of the vacancy no notice is sent to the Commission in accordance with subparagraph (1) of this paragraph, the Electoral Officer shall notify the Commission in writing of the occurrence of the vacancy. .
Election, to till a vacancy shall be held not, later than.60 Days from the date the Commission was informed of the Occurrence of the vacancy
The Commission shall within 7 days of receipt of the Notice referred to Subparagraph (1) or (2) of this paragraph issue a notice indicating the date of the Election and 'request Political Parties to submit list of, the candidates the Political Parties propose to sponsor at the election.
Every Political Party shall within 10 days of the notice Referred to in
Subparagraph (4) of' this Paragraph Submit to the Commission a list and
personal particulars of the candidates the political party proposes to
sponsor
At the election including affidavit sworn by the candidates In accordance with subparagraph (2) of Paragraph 9 of'
'l'hese Guidelines.
The provisions of' paragraphs 1 2, 13, 14, 1 5, 16 and 1.7 of' these Guidelines shall apply to election to fill a
Vacancy as if reference to election in these paragraphs
Were reference to election to fill a vacancy.
The procedure at an election to fill a vacancy Shall he same as provided
in these Guidelines for a general election
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(2)
Election petitions shall He filed within 14 days from the date on which
the result of the election is declared.
Chairman
Ondo State Independent Electoral Commission.
