Nigeria

Electoral Act (2010)

Updated: June 2015

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Section 6, subsection 3 states:

The Resident Electoral Commissioner appointed pursuant to the Constitution may only be removed by the President, Commander-in-Chief of the Armed Forces of the federation acting on an address supported by 2/3 majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

 

Section 14 states:

In the performance of his or her duties under this Act, a registration officer and an update officer shall...(b) require any voter or applicant to complete an application form for the purpose of registration. However, in the case of an illiterate or disabled person such application form may be completed by the registration officer on the applicant’s request.

 

Section 107 states:

(1) A person shall not be qualified to contest an Area Council election under this Act if...

  • (b) he is adjudged to be a lunatic or otherwise declared to be of unsound mind under any law in force in any part of Nigeria…

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

  • (a) adjudged to be a lunatic;
  • (b) declared to be of unsound mind;… 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 ending on the date when the appeal is finally determined or as the case may be, the appeal lapses or is abandoned, whichever is earlier.

 

Section 110, subsection 3 states:

Where at the close of nomination for election to the office of Chairman, only one candidate- …

  • (b) remains nominated by reason of the disqualification, withdrawal, incapacitation, disappearance, or death of the other candidate, the Commission shall extend the time for nomination by seven days. PROVIDED: that where after the extension, only one candidate remains validly nominated there shall be no further extension.

 

First Schedule, section 25, subsection 2 states:

If the Chairman of the tribunal or the Presiding Justice of the court who begins the hearing of an election petition is disabled by illness or otherwise, the hearing may be recommended and concluded by another Chairman of the Tribunal or Presiding Justice of the Court appointed by the appropriate authority.

 

First Schedule, section 27, subsection 2 states:

After the hearing of the election petition is concluded, if the tribunal or court before which it was heard has prepared its judgment but the Chairman or the Presiding Justice is unable to deliver it due to illness or any other cause, the judgment may be delivered by one of the members, and the judgment as delivered shall be the judgment of the Tribunal or Court and the member shall certify the decision of the Tribunal or Court to the Resident Electoral Commissioner, or to the Commission.

 

Excerpts from the Electoral Act (2010)

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Section 14 states:

In the performance of his or her duties under this Act, a registration officer and an update officer shall...(b) require any voter or applicant to complete an application form for the purpose of registration. However, in the case of an illiterate or disabled person such application form may be completed by the registration officer on the applicant’s request.

 

Section 56 states:

(1) A voter who is blind or is otherwise unable to distinguish symbols or who suffers from any other physical disability may be accompanied into the polling unit by a person chosen by him and that person shall, after informing the Presiding Officer of the disability, be permitted to accompany the voter into the voting compartment and assist the voter to make his mark in accordance with the procedure prescribed by the Commission.

(2) The Commission may take reasonable steps to ensure that voters with disabilities are assisted at the polling place by the provision of suitable means of communication, such as Braille, large embossed print or electronic devices or sign language interpretation, or off-site voting in appropriate cases.

 

Excerpts from the Electoral Act (2010)

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Section 6, subsection 3 states:

The Resident Electoral Commissioner appointed pursuant to the Constitution may only be removed by the President, Commander-in-Chief of the Armed Forces of the federation acting on an address supported by 2/3 majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

 

Section 12, subsection 1 states:

A person shall be qualified to be registered as a voter if such a person:…

  • (e) is not subject to any legal incapacity to vote under any law, rule or regulations in force in Nigeria.

 

Section 14 states:

In the performance of his or her duties under this Act, a registration officer and an update officer shall...(b) require any voter or applicant to complete an application form for the purpose of registration. However, in the case of an illiterate or disabled person such application form may be completed by the registration officer on the applicant’s request.

 

Section 107 states:

(1) A person shall not be qualified to contest an Area Council election under this Act if...(b) he is adjudged to be a lunatic or otherwise declared to be of unsound mind under any law in force in any part of Nigeria…

(2) Where in respect of any person who has been-(a) adjudged to be a lunatic; (b) declared to be of unsound mind;… 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 ending on the date when the appeal is finally determined or as the case may be, the appeal lapses or is abandoned, whichever is earlier.

 

Section 110, subsection 3 states:

Where at the close of nomination for election to the office of Chairman, only one candidate- … (b) remains nominated by reason of the disqualification, withdrawal, incapacitation, disappearance, or death of the other candidate, the Commission shall extend the time for nomination by seven days. PROVIDED: that where after the extension, only one candidate remains validly nominated there shall be no further extension.

 

First Schedule, section 25, subsection 2 states:

If the Chairman of the tribunal or the Presiding Justice of the court who begins the hearing of an election petition is disabled by illness or otherwise, the hearing may be recommended and concluded by another Chairman of the Tribunal or Presiding Justice of the Court appointed by the appropriate authority.

 

First Schedule, section 27, subsection 2 states:

After the hearing of the election petition is concluded, if the tribunal or court before which it was heard has prepared its judgment but the Chairman or the Presiding Justice is unable to deliver it due to illness or any other cause, the judgment may be delivered by one of the members, and the judgment as delivered shall be the judgment of the Tribunal or Court and the member shall certify the decision of the Tribunal or Court to the Resident Electoral Commissioner, or to the Commission.

 

Excerpts from the Electoral Act (2010)