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For
the purposes of the local government council Election scheduled
to take place in March 2004. The State independent Electoral
Commission (hereinafter referred to as the "State Commission"),
in exercise of the powers vested in it by law, here by issues
the following guidelines:
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1
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There
should be local government council elections at which:-
(a) One Councilor shall be elected for each
of the wards in all the Local Government Areas in Zamfara
State; and
(b) A chairman shall be elected for each
of the Local Government Councils in the State.
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Local
Government Council Election |
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2
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A
person shall be eligible to vote at the Local Government Council
Election 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 that ward or constituency; and
(d) He is registered as a Voter in the Ward
or constituency. And has obtained a Registration Card
to be presented at the Polling Station or Unit on the day of
the election: Provided that where a person claim that
his name is in the Register of Voters for the Polling
station or unit that his Voter's Card is missing or has
been destroyed, the presiding Officer shall, if: -
(a) The name of the person is found in the
Register of. Voters for the Polling Station or Unit; and
(b) He has satisfied himself that the person
is not' impersonating any other person, allows the person
to vote.
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Qualification
to Vote |
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3
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A
person shall not be qualified to contest the Local Government
Council Election if -
(a)
Under any law in force in any
part of Nigeria; He is adjudged to be lunatic or is
otherwise declared to be 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) or for any other
offence (other than misdemeanor or simple offence) imposed
on him by such Court or Tribunal;
(c) He has been found guilty of contravention
of the code of conduct under the code of conduct
bureau and tribunal decree, 1989;
(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 of the Federation or of a State or of a Local
Government or Area
(f) Council, he has not resigned,
withdrawn or retire from such employment 30 days before the
date of the election;
(h) Not withstanding the provision of sub
paragraph (e) above, any person who for the time being is
an elected member and or Chairman of a Local Government Council
and is still serving in such capacity as such elected Officer
shall continue to be in Office until the 3rd year anniversary
of his term of Office with out prejudicing his right to contest
in the election, whether he resign or not.
(i)
Where a person being employed in the Public or Civil Service
of the Federal or a State or a Local Government or Area Council
has not resigned. withdrawn or retired from such employment
30 days before the date of the election the State Commission
shall accept the payment by such a person. of one Month Salary
made at least 10 days before the date of the election and
a receipt thereof is presented to the State Commission. And
the State Commission is satisfied that there is justifiable
reason for the delay in the resignation.
(j) He is a member of secret society;
(k) He has been indicted for embezzlement of public funds
or for bribery or fraud by a Tribunal or Panel of Inquiry
under the Tribunals of Inquiry Act or the Recovery of Public
Property (Special Military Tribunals) Act or the Review Tribunals
(Implantation of Decisions) Act; or
(l).
He has been indicted for examination malpractice including
presentation of forged or false certificate.
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Disqualification
from contesting the Election |
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4
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A
person shall be qualified to contest the Local government council
elections 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) In the case of Councillorship Election, he has attained
the age of 25 years;
(d) In case of the Chairmanship Election, he has attained the
age of 30 years:
(e) He is ordinarily resident in the Ward or Constituency in
which he intends to contest the Election or is an indigene of
that Ward or Constituency;
(f) He produces evidence of tax payment as and when due for
a period of three consecutive years immediately preceding the
year of the election or is exempted from the payment of such
tax.
(g) In the case of Councillorship Election, he is nominated
in writing by 15 persons whose names appear in the Register
of Voters for the ward in which he intends to contest the election.
(h) In the case of Chairmanship Election. He is nominated in
from writing by 25 person, 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 ward:
(i) In the case of Councillorship election. He makes to the
State Commission a payment of the sum of non refundable deposit
of N20,000 (Twenty Thousand Naira):
(i) In the case of Chairmanship Election. He makes to the State
Commission a payment of non refundable deposit of the sum of(Fifty
thousand Naira) N50,000.00:
(k) He has not been dismissed from the public or civil service
of the Federation or of a State or Local Government or Area
Council or from employment in the Private Sector:
(l) 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:
(m) He has not been adjudged guilty of treason or treasonable
felony b\' any Court or Tribunal in Nigeria:
(n) He is registered as a voter in the constituency in which
he intends to contest the election:
(o) He is a registered member of a Registered Political Party:
and
(p) In the case of a 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 Disqualification of Chairman shall also apply the Vice -Chairman.
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Qualification
for contesting the Election |
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5
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Subject to the provision of any enactment Candidates shall
campaign in the Local Government Council Elections in the
following manners: -
(a) Campaign shall be within the Ward or constituency in which
a candidate intends to contest the election:
(b) Campaigns or addresses shall not be allowed within 12
hours proceeding the date of Election:
(c) Campaigns or addresses shall be devoted to outlining what
the candidate intends to do for the people of his constituency:
(d) Campaign or address shall not be carried out in Schools.
Churches. Mosques or other religious places. Military or Police
barrack or such public offices and any other place the State
Commission may forbid from time to time
(i) Campaign or address shall not be based on sectional, ethnic
or religious sentiments or prejudices:
(ii) Bribery or other forms of inducement of voters, either
directly or indirectly. shall be avoided by Candidates and
their Agents: and
(iii)
Abusive or vile or derogatory language shall not be used during
campaigns or addresses.
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Political
Campaign by Candidates |
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6
(1)
(2)
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Voting
shall be by Open Secret ballot and in accordance with the procedure
laid down in these guidelines.
Voting shall take place between the hours of 8.00am and 4.00pm
on the same day appointed by the State Commission throughout
the State.
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Voting
By Secret Ballot |
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(3)
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A
voter who is blind or is otherwise unable to distinguish symbols
or who suffers any other physical disability may be accompanied
into the polling station by a person chosen by him, and the
person shall, after informing the Presiding Officer of the disability
be permitted to accompany the voter into the compartment and
assist the voter to make his mark in favour of the voters choice. |
Blind
or Incapacitated Boter ot be Assisted |
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7
(1)
(2)
(3)
(4)
(5)
(6)
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Every
registered political party shall on or before the 01st March
2004 or any other date which State Commission may accept deliver
to the State Commission.
(a) In form ZM/CF 001 the personal particulars of its candidates
for the election as supplied by the candidates: and.
(b) In form ZM/CF 002 a list of candidates the Political Party
propose to sponsor at the election.
The State Commission shall after receipt of the list of candidates
and their personal particulars from the Political Parties, deliver
to the political parties;
(a) In form ZM/CF 003 a List of candidates who are adjudge qualified
to contest the election and:
(b) Where applicable, in form ZM/CF 004, a separate list of
candidates disqualified from contesting the election.
where one candidate is disqualified, the State Commission shall
allow the political party concerned an opportunity to substitute
the candidate with another candidate PROVIDED the substitution
is made within the time allowed by the State Commission for
the purpose.
No candidate who has been cleared to contest an election shall
be prevented from contesting the election for any reason whatsoever
or substituted except the candidate dies or voluntarily withdraws
his candidature.
No Political Party' shall sponsor more than one candidate in
a constituency for the same election.
Where a nomination Form signed by a candidate for an election
and by persons nominating him is lodged in more than one Constituency
or such candidate is nominated for election in more than one
Constituency, his nomination shall be declared void and his
candidature shall accordingly be voided in each such Constituency
where the nomination Form has been lodged, or nomination made.
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Cleared
Candidate not to be Prevented or substituted
Party to sponsor only one Candidate
for each Constituency
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7
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Any
Person not satisfied with decision of the State Screening Committee
regarding qualification or disqualification of a Candidate may
appeal to the State Commissions Head Office in Gusau for review,
using form ZM/CF 005. The appeal shall be submitted to the Chairman
State Independent Electoral Commission not later than 10.00
a.m. on 14th March. 2004. |
Appeal
Against Disqualification |
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8
(1)
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Every
candidate shall, before his nomination paper is delivered to
the State Commission, deposit or cause to be deposited to the
State Commission the sum specified in paragraph 4 (1) as the
case may be, of this Guidelines, and shall at the time of the
delivery of the nomination papers produce and show to the Electoral
Officer the official receipt for the sum.
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9
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No
nomination shall be, valid unless such is backed by' the receipt
for the deposit made in accordance with sub-paragraph (1) of
this paragraph. A candidate or any person nominatin2 him shall
obtain the nomination paper in form ZASIEC. 4F or 4G, as the
case may' be from the place appointed by the Commission for
the purpose.
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Nomination
Paper |
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10
(1)
(2)
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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.
If after the latest time for the delivery of nomination papers
and for withdrawal of Candidates for election of Councilors
more than one Candidate remains duly nominated a poll shall
be taken in accordance with the procedure in these guidelines.
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Local
Government Chairmanship/
Councillorship Election
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11
(1)
(2)
(3)
(4)
(5)
(6)
(7)
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Where
in an Election to the office of Chairman:
(a) At the close of nomination only one Candidate has been nominated
the State Commission shall 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 State Commission shall extend the time for nomination
by 7 days, so however that where after the extension only one
candidate remains validly nominated there should be no further
extensions.
(c) A Candidate for an Election to the Office of the Chairman
should be deemed to have been duly elected to 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.
A
Candidate for an Election to the Office of the Chairman should
be deemed to have been elected where there being only two
Candidates for the Election
(a) He has a majority of Votes cast at the election: and
(b) He also 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.
If
no candidate is elected under sub-paragraph (2) of this paragraph
the State Commission shall within 7 days arrange for another
election between the two Candidates and a Candidate at this
last Election should be deemed duly Elected if he scores the
majority of Votes casts at the Election.
A Candidate for an 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 casts at
the Election in each of at least two-third of all Wards in
the Local Government Area.
If no candidates 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 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 for the Election
The State Commission shall within 7 days of the result of
the Election in which no Candidate is duly 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.
If no Candidate is duly Elected under sub-paragraph (6) of
this paragraph the State 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, the last Election shall be deemed
duly Elected if he scores ~e majority of Votes cast at the
Election.
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Each
Candidate may appoint one person as his Polling Agent for each
Polling Station or Unit, in the Wards or Constituency in which
he is contesting the Election.
Notice in writing shall between to the State Commission by each
candidate not later than two days before posting to the stations
or Units to which they have been assigned by the Candidate.
Each Candidate or his Party may appoint one person as his Collation
Agent for each of the Ward Collation Center or Local Government
Collation Center as the case may be PROVIDED that where the
Candidate chose to be his own Agent no body shall be allowed
to remain at the Collation Center as the Agent of the Candidate.
A Candidate may himself stand as his own agent at the Ward Collation
Center or Local Government Collation center.
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Party
Polling Agents |
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13
(1)
(2)
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No
person shall be permitted to Vote at any Polling Station or
Unit other than the one at which he is entitled to Vote according
to his area or location.
The Presidin2 Officer shall regulate the admission of Voters
to the Polling Station 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.
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Allocation
Of Polling Stations Or Units |
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14(1)
(2)
(3)
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The
accreditation of voters shall commence on the day and time stipulated
by the State Commission.
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 biro;
(d) Stamp and sign each Voters Card at the back with the appropriate
stamp and state the date and type of Election in code; and
(e) Enter in form ZASIEC 8A Statement of Result Form, the number
of persons Registered to Voter the Polling Stations the Number
of Registered Voters accredited, the serial number of Ballot
Papers issued to the Polling Stations the serial numbers of
Ballot papers issued to the Voters the serial ii umber of Unused
Ballot Papers and the number of Accredited Voters standing in
the queue at the commencement of voting.
The Presiding officer and the Polling Agents shall sign form
ZASIEC. 8A to authenticate the number entered therein.
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Accreditiaton
Procedure |
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15
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At
the close of accreditation the Presiding Officer shall
(a) Explain the Voting procedure to be followed;
(b) Introduce the candidates or their posters and symbols the
Polling Clerk the Polling Agents and Polling Orderlies.
(c) Explain the activities which constitute election offences
within the Polling Zone including penalties for committing each
offence:
(d) Call the roll of accredited voters:
(e). Ensure that posters bearing photographs of the candidates
are displayed within the Polling Zone, if available.
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Post
Accreditation Procedure |
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16
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After
compliance with the provisions of paragraph 15 of these Guidelines
the Presiding Officer shall
(a) Announce the commencement of voting;
(b) Request the accredited voters to line up in a single line:
(c) Separate the queue between men and women (as the SHARIA
does not permit the mingling of men and women in the same queue)
(d) Request Security Agents or poll Orderlies to stand at the
end of the queue behind the last accredited voter and request
the voters in the queue to show their voters card duly stamped
by the Presiding Officer:
(c) Issue accredited Voter with two ballot papers for the councillorship
and Chairmanship Elections respectively:
(b)
Direct voters to the voting table there after thumb-marking
the ballot papers secretly they shall vote in the view of
all present.
(c) Count the votes at the close of poll in the presence of
the voters and
(d) Announce the number of votes counted for each of the candidates.
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When
the prescribed hour for the closing of accreditation has been
reached no more persons shall be admitted to the Polling Station
but those persons already inside the Polling Station shall be
accredited and be allowed to vote. |
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18(1)
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The
Presiding Officer shall after counting of votes enter the votes
scored by each candidate in form ZASIEC.SA or ZASIEC. 8A(1)
1) 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's
Agents where available at the Polling Station.
3) Failure to countersign the statement of result form by candidate
or candidate's agents shall not invalidate the result of the
election.
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Counting
Of Votes |
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19(1)
(2)
(3)
(4)
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The
Presiding Officer shall give to the Polling Agents and the
Police if available copies of the completed form ZASIEC. 8A
and or ZASIEC. 8A(1)
After the recording of the result of the election the Presiding
Officer shall announce and take the results and the materials
used in conducting the election to the Ward Collation Center
under security escort if available.
The Ward Returning Officer shall
(a) Take delivery of all forms ZASIEC.8A and ZASIEC 8A(1)
or the Chairmanship and Councillorship Elections respectively
from the Presiding Officer;
(b) Collate the votes entered in form ZASIEC 8A in the case
of Chairmanship Election or form ZASIEC. 8A (1) in the case
of Councillorship Election. using form ZASIEC 8B and 8B (1)
as the case may be;
(c) Enter the votes in both words and figures in the appropriate
space in form ZASIEC 8B and 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 ZASIEC 8B and 8B (1) carefully
and distribute copies of same to the Polling Agents and Security'
Agents if available at the collation Center;
(e) Enter the score of each of the Candidate in the Declaration
of Result Form ZASIEC 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 as duly
elected.
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:
(c) Enter the votes in both words and figures in the appropriate
space in form ZASIEC. 8B sign the form and get the Polling
Agents to sign too and announce the result for the ward:
(d) Distribute the duly completed and signed form ZASIEC 8B
as follows: -
(a)The original copy and duplicate to be taken to the Chairmanship
Election Returning Officer at the
Local government Area Collation Center:
(ii) One copy to be given to each Agent of the Candidates
if available:
(iii) One copy to be given to the Police. if available at
the Ward Collation Center;
(c) Proceed to the Local Government Area Collation Center
where he shall hand over to the Returning Officer the original
and duplicate Copy of the result and other materials relating
to the election:
(d). The Local Government Area Returning Officer shall:
(i) Take delivery of all forms ZASIEC. 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 ZASIEC. 8B into form ZASIEC. 8C
ward by ward:
(iii) Announce loudly the total votes scored by each Candidate
at the Local Government Area Level as recorded in form ZASIEC.
8C.
(iv) Thereafter sign the duly completed form ZASIEC 8C and
get the Polling Agents at the Collation Center to sign too;
(v).Cross cheeks the figures in form ZASIEC. 8C carefully
and distribute copies of same to the Polling Agents and the
Police: if available;
(vi).Retain the original of form ZASIEC 8C to be returned
to the Chairman State Commission - for declaration and return
of Candidate's for Chairmanship election and for safe custody
of the documents there after.
(vii).Enter the score of each Candidate in the declaration
of result form ZASIEC 8E for the Chairmanship election.
(viii). Take the original of forms ZASIEC 8A; 8A( I): 8B:
SB(l); 8C; and 8E(1) together with other materials relating
to the Elections delivered to him by the Ward Returning Officer
to the Chairman State Commission.
(ix).The Chairman State Commission or his appointed member
of the Commission shall there after compute and declare the
Chairmanship Election Result for the Local Government Area
and return the candidate who has won the election in accordance
with paragraph II of these guidelines: and
(x)The chairman of the State Commission shall take the original
of forms ZASIEC 8A 8A(I), 8B, 8B(I), 8C and 8E together with
other materials relating to the Elections delivered to the
L.G. Returning Officer by the ward Returning Officers for
Safe custody.
(xi).The Chairman of the State Commission may authorize the
Electoral officer in the Local Government Area to take delivery
of and ensure safe custody of the ballot boxes and any other
material used in conducting the elections.
(E).The decision of the ward Returning Officer in respect
of the councillorship election on any question arising from
or relating to:
(a)Ballot Papers
(b)Scores of the candidates, or
(c)Return
of a candidate Shall be final and subject to review only by
an Election Tribunal or the Court, as the case may be, in
an Election Petitions proceedings.
(F).The
decision of 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 the candidates
Shall
be final and subject to review only by an Election Tribunal
or the Court as the case may be, in election petition proceedings.
(G).
The decision of the Commission Chairman or his appointed member
of the Commission in respect of the Chairmanship Election
on any question arising from or relating to:
(a) Return of a candidate shall be
final and subject to review only by an Election Tribunal or
the Court, as the case may be in an
election petition proceedings.
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Post
Election Procedure And Collation Of Result |
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20
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If
two or more candidates poll equal number of votes, the Returning
Officer - in case of councillorship election and the chairman
State Commission or his appointed representative in the case
of Chairmanship election shall not return any of the candidates
and fresh election shall be held for the candidates on a date
to be appointed by the State Commission.
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Equality
Of Votes |
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21
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A
sealed Certificate of Return at election shall be issued to
every candidate who has won a Local Government Council Election |
Certificate
Of Return Of Election |
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22(1)
(2)
(3)
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Disputes
arising from the Election shall be resolved through an election
petition before an election tribunal which shall be duly established
for the purpose.
Elections petition shall be brought within 7 days from the date
on which the result of the election is declared.
An election petition shall be heard and determined within 60
days from the date on which it is filed at the Election Tribunal.
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DATED in Gusau this_____________ day of ____________2004.
ALH.
MALAMI ALIYLU YANDOTO ESQ
EXECUTIVE CHAIRMAN
ZAMFARA STATE INDEPENDENT ELECTORAL
COMMISSION
(ZASIEC)
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