ELECTORAL ACT

Dunamis50Dunamis50
in Political Law
Hello,
I would like to know where in the constitution of Nigeria that states the various rules that guides the electoral process in Nigeria and also various electoral malpractices too. Thanks

Comments

  • square07square07
    I would like to know where in the constitution of Nigeria that
    states the various rules that guides the electoral process in
    Nigeria and also various electoral malpractices too. Thanks
  • BabadeBabade
    It is interesting that two people are asking almost the same question around this period.

    @Dunamis50 and @square07, the constitutional provisions relating to elections are contained in various provisions of the constitution. I tried to extract some of them to the best of my ability below:

    Section 65 deals with the qualification for election into the National Assembly
    Sections 71 -79 deals with election into the National Assembly in details
    Section 106 deals with the qualification for election into the House of Assembly of a state
    Sections 112 -119 deals with election into the House of Assembly of a state in details
    Sections 131 and 132 deals with the election into the office of the president
    Section 142 talks about the nomination and election of Vice-President
    Sections 177 and 178 deals with the election into the office of the governor
    Section 285 deals with establishment and jurisdiction of Election Tribunals.
    The Sixth Schedule to the Constitution provides for Election Tribunals particularly the National Assembly Election Tribunal; and Governorship and Legislative Houses Election tribunal.

    Like you rightly noted in the heading, the Electoral Act which was made pursuant to the Constitution codifies a large number of the procedure relating to elections in Nigeria. The Electoral Act currently in force is the Electoral Act 2010 (As amended in 2011).

    There were moves to amend the Electoral Act in 2014. It was concluded by the Senate (in July 2014) but it has been stalled in the House of Representatives. The Electoral Act, 2010 can be downloaded here (http://www.parliament.am/library/Electoral law/nigeria.pdf). The first amendment in 2011 can be downloaded here (http://www.placng.org/new/upload/Electoral (Amendment)%20Act%202010.pdf). The second amendment can be downloaded here (www.proshareng.com/news/download.php?item=ElectoraAM.pdf ).

    I hope that answers your question.

    Further comments are warmly welcome.
  • Dunamis50Dunamis50
    Thank you very much. Am grateful
  • Emeka UmaeyeEmeka Umaeye
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  • usthazusthaz
    I would like to ask a question about this on going election, like rivers and some part of the country that they have an issue what will happen if they don't resolve the issue till May 29
  • BabadeBabade
    Should the issues be unresolved, the aggrieved parties are free to approach the Election Petition Tribunal for a legal pronouncement on the issues that will be placed before the Court.

    If the INEC declared winner be declared so by the court, all goes as it is. In case the INEC declared winner is disqualified, or if the election is declared not to have been free and fair, then there will be a re-election or a re-run as directed by the Court.

    Thus, the "battle" moves from the polling units to the Election Petition Tribunals.
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