PART IV—PROCEDURE AT ELECTION
24.—(1) In the event of an emergency affecting an election, the Commission shall, as far as practicable, ensure that persons displaced as a result of the emergency are not disenfranchised.
(2) Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election, provided that such reason for the postponement is cogent and verifiable.
(3) Where an election has commenced and there is reason to believe that there is or has been substantial disruption of election in a polling unit or constituency or it is impossible to continue with the election occasioned by threat to peace and security of electoral officials and materials, the Commission shall suspend the election and appoint another date for the continuation of the election or the process.
(4) Where the Commission appoints a substituted date in accordance with subsections (2) and (3), there shall be no return for the election until polling has taken place in the area or areas affected.
(5) Notwithstanding subsection (3), the Commission may, if satisfied that the result of the election will not be affected by voting in the area or areas in respect of which substituted dates have been appointed, direct that a return of the election be made.
(6) The decision of the Commission under subsection (4) may be challenged by any of the contestants at a court or tribunal of competent jurisdiction and on such challenge, the decision shall be suspended until the matter is determined.
25.—(1) The results of all the elections shall be announced by the—
(a) Presiding officer at the polling unit ;
(b) Ward Collation Officer at the registration area or Ward Collation Centre ;
(c) Local Government or Area Council Collation Officer at the Local Government or Area Council Collation Centre ; and
(d) State Collation Officer at the State Collation Centre.
(2) The returning officer shall announce the result and declare the winner of the election at—
(a) Registration Area or Ward Collation Centre in the case of Councillorship election in the Federal Capital Territory ;
(b) Area Council Collation Centre in the case of Chairmanship and Vice Chairmanship election in the Federal Capital Territory ;
(c) State Constituency Collation Centre in the case of State House of Assembly election ;
(d) Federal Constituency Collation Centre in the case of election to the House of Representatives ;
(e) Senatorial District Collation Centre in the case of election to the Senate ;
(f ) State Collation Centre in the case of election of a Governor of a State ;
(g) State Collation Centre in the case of a Presidential election ; and
(h) National Collation Centre in the case of election of the President.
(3) The Chief Electoral Commissioner shall be the returning officer at the Presidential election.
26.—(1) All staff, electoral officers, presiding officers, returning officers and security officials taking part in the conduct of an election shall affirm or swear to an oath of loyalty and neutrality as in the Second Schedule, indicating that they will not accept bribe or gratification from any person, and shall perform their functions and discharge their duties impartially and in the interest of the Federal Republic of Nigeria without fear or favour.
(2) Any person who violates subsection (1), commits an offence and is punishable under section 120 (dereliction of duty).
27.—(1) The Commission shall for the purpose of an election or registration of voters under this Act, appoint and designate such officers as may be required provided that no person who is a member of a political party or who has openly expressed support for any candidate shall be so appointed.
(2) The officers appointed under subsection (1) shall perform such functions and discharge such duties as may be specified by the Commission, in accordance with the provisions of this Act, and shall not be subject to the direction or control of any person or authority other than the Commission in the performance of their functions and discharge of their duties.
(3) Notwithstanding the provisions of any other law and for purpose of securing the vote, the Commission shall be responsible for requesting for the deployment of relevant security personnel necessary for elections or registration of voters and shall assign them in the manner determined by the Commission in consultation with the relevant security agencies : Provided that the Commission shall only request for the deployment of the Nigerian Armed Forces for the purpose of securing the distribution and delivery of election materials and protection of election officials.
28.—(1) The Commission shall, not later than 360 days before the day appointed for holding of an election under this Act, publish a notice in each State of the Federation and the Federal Capital Territory—
(a) stating the date of the election ; and
(b) appointing the place at which nomination papers are to be delivered.
(2) The notice shall be published in each constituency in respect of which an election is to be held.
(3) In the case of a by-election, the Commission shall, not later than 14 days before the date appointed for the election, publish a notice stating the date of the election.
(4) There shall not be substitution of candidates in a by-election except where a candidate of a political party in a by-election dies, the party shall submit to the Commission the name of its substitute candidate within seven days of the death of the candidate in the Form prescribed by the Commission.
29.—(1) Every political party shall, not later than 180 days before the date appointed for a general election under this Act, submit to the Commission, in the prescribed Forms, the list of the candidates the party proposes to sponsor at the elections, who must have emerged from valid primaries conducted by the political party.
(2) The list or information submitted by each candidate shall be accompanied by an affidavit sworn to by the candidate at the Federal High Court, High Court of a State, or Federal Capital Territory, indicating that he or she has fulfilled all the constitutional requirements for election into that office.
(3) The Commission shall, within seven days of the receipt of the personal particulars of the candidate, publish same in the constituency where the candidate intends to contest the election.
(4) Any person may apply to the Commission for a copy of nomination form, affidavit and any other document submitted by a candidate at an election and the Commission shall, upon payment of a prescribed fee, issue such person with a certified copy of the document within 14 days.
(5) Any aspirant who participated in the primaries of his political party who has reasonable grounds to believe that any information given by his political party’s candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirements to contest the election is false, may file a suit at the Federal High Court against that candidate seeking a declaration that the information contained in the affidavit is false.
(6) Where the Court determines that any of the information contained in the affidavit is false only as it relates to constitutional requirements of eligibility, the Court shall issue an order disqualifying the candidate and the sponsoring political party and then declare the candidate with the second highest number of valid votes and who satisfies the constitutional requirement as the winner of the election.
(7) A candidate for an election shall, at the time of submitting the prescribed form, furnish the Commission with an identifiable address in the state where he or she intends to contest the election at which address all documents and court processes from either the Commission or any other person shall be served on him or her.
(8) A political party which presents to the Commission the name of a candidate who does not meet the qualification stipulated in this section, commits an offence and is liable on conviction to a fine of N10,000,000.
30.—(1) A candidate for an election shall be nominated in writing by such number of persons whose names appear on the register of voters in the constituency as the Commission may prescribe.
(2) A person shall not nominate more than one person for an election to the same office.
(3) Any person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not more than N100,000 or imprisonment for a term of three months or both, but his or her action shall not invalidate the nomination.
(4) An account shall not be taken of the signature of a person on a nomination paper where the candidate had died, withdrawn or the nomination paper was held invalid by a Court of competent jurisdiction.
(5) A person who has subscribed as a nominator shall not, so long as the candidate stands nominated withdraw his or her nomination.
31. A candidate may withdraw his or her candidature by notice in writing signed by him and delivered personally by the candidate to the political party that nominated him for the election and the political party shall convey such withdrawal to the Commission not later than 90 days to the election.
32.—(1) The Commission shall, at least 150 days before the day of the election, publish by displaying or causing to be displayed at the relevant office or offices of the Commission and on the Commission’s web site, a statement of the full names and addresses of all candidates standing nominated.
(2) Any registered political party that observes that the name of its candidate is missing on the list published in accordance with subsection (1) shall notify the Commission in writing, signed by its National Chairman and Secretary, supported with an affidavit not later than 90 days to the election.
(3) Failure of the political party to notify the Commission in accordance with subsection (2) shall not be a ground to invalidate the election.
33. A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by the candidate :
Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned.
34.—(1) If after the time for the delivery of nomination paper and before the commencement of the poll, a nominated candidate dies, the Chief National Electoral Commissioner shall, being satisfied of the fact of the death, countermand the poll in which the deceased candidate was to participate and the Commission shall appoint some other convenient date for the election within 14 days.
(2) The list of voters to be used at a postponed election shall be the official voters register which was to be used if the election had not been postponed.
(3) If after the commencement of polls and before the announcement of the final result and declaration of a winner, a candidate dies—
(a) the Commission shall, being satisfied of the fact of the death, suspend the election for a period not more than 21 days ; and
(b) in the case of election into a legislative House, the election shall start afresh and the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh primary within 14 days of the death of its candidate and submit the name of a new candidate to the Commission to replace the dead candidate :
Provided that in the case of presidential or gubernatorialor Federal Capital Territory Area Council election, the running mate shall continue with the election and nominate a new running mate.
35. Where a candidate knowingly allows himself to be nominated by more than one political party or in more than one constituency, his nomination shall be void.
36. Where at the close of nomination there is no candidate validly nominated, the Commission shall extend the time for nomination and fix a new date for the election.
37. Subject to any other provisions of this Act, if after the latest time for the delivery of nomination papers and the withdrawal of candidates for an election under this Act more than one person remains validly nominated, a poll shall be taken.
38. A poll shall take place in accordance with the provisions of this Act in the case of an election to—
(a) the office of President or Governor of a State, whether or not only one person is validly nominated in respect of such office ; and
(b) any other office, if after the expiry of the time for delivery of nomination papers there is more than one person standing nominated.
39.—(1) Where after the expiration of time for delivery of nomination papers, withdrawal of candidates and the extension of time as provided for in this Act there is only one person who is validly nominated in respect of an election, other than to the office of the President or Governor, that person shall be declared elected.
(2) Where a person is declared elected under subsection (1), a Declaration of Result Form as may be prescribed by the Commission shall be completed and a copy 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.
40.—(1) The Commission shall divide each Local Government Area into registration areas or Electoral Wards not being less than 10 and not more than 20 as the circumstance of the Local Government Area may require.
(2) The Commission shall establish adequate number of polling units in each registration area or Electoral ward and shall allot voters to such polling units.
41.—(1) The Commission shall provide suitable boxes, electronic voting machine or any other voting device for the conduct of elections.
(2) The forms to be used for the conduct of elections to the offices mentioned in this Act shall be determined by the Commission.
(3) The Polling agents shall be entitled to be present at the distribution of the election materials, electronic voting machine and voting devices from the office to the polling booth.
(4) Polling agents who are in attendance at a polling unit, may be entitled, before the commencement of the election, to have originals of electoral materials to be used by the Commission for the election inspected, and this process may be recorded as evidence in writing, on video or by other means by any Polling Agent, accredited observer or official of the Commission.
(5) A Polling Agent who is in attendance at a polling unit, may observe originals of the electoral materials and this may be recorded as evidence.
(6) The Commission shall, before the commencement of voting in each election, provide all election materials for the conduct of such election at the polling unit.
42.—(1) The Commission shall prescribe the format of the ballot papers which shall include the symbol adopted by the political party of the candidate and such other information as it may require.
(2) The ballot papers shall be numbered serially with differentiating colours for each office being contested.
(3) The Commission shall, not later than 20 days to an election, invite in writing, a political party that nominated a candidate in the election to inspect its identity appearing on samples of relevant electoral materials proposed for the election and the political party may state in writing within two days of being so invited by the Commission that it approves or disapproves of its identity as it appears on the samples.
(4) Unless the political party disapproves of its identity under subsection
(3) in writing, it shall not complain of unlawful exclusion from the election under this Act in relation to its identity appearing on electoral materials used for the election.
(5) A political party that fails to comply with an invitation by the Commission under subsection (3) shall be deemed to have approved its identity on samples of electoral materials proposed to be used for an election.
43.—(1) Each Political Party, in consultation with its candidate, may, by notice in writing addressed to the Resident Electoral Commissioner of the State, appoint a polling agent for each polling unit and collation centre in the Local Government Area or Area Council for which it has candidate and the notice, which sets out the name, address and contact details of the polling agent, shall be accompanied by two passport photographs of each polling agent and sample signature of the polling agent and be given to the electoral officer at least 14 days before the date fixed for the election :
Provided that no person who is serving as Chairman or member of a Local Government Area or Area Council, Commissioner, Deputy Governor or Governor of a State, Minister of the Federal Government, or any other person holding elective or appointive political office under any tier of government and who has not resigned from his office at least three months prior to the said election shall serve as a polling agent of any political party, either at the polling unit or at any centre designated for collation of results of election.
(2) Notwithstanding the requirement of subsection (1), a candidate shall not be precluded from doing any act or thing which his political party, in consultation with him, has appointed a polling agent to do on his or her behalf under this Act.
(3) Where in this Act, an act or thing is required or authorised to be done by or in the presence of a Polling Agent, the non-attendance of the Polling Agent at the time and place appointed for the act or thing or refusal by the Polling Agent to do the act or thing shall not, if the act or thing is otherwise done properly, invalidate the act or thing.
44. The Commission shall, not later than 14 days before the day of the election, cause to be published, in such manner as it may deem fit, a notice specifying the—
(a) day and hours fixed for the poll ;
(b) persons entitled to vote ; and
(c) location of the polling units.
45. Voting in any particular election under this Act shall take place on the date and time appointed by the Commission.
46.—(1) At the hour fixed for opening of the poll before the commencement of accreditation and voting, the Presiding officer shall open the empty ballot box or present the voting device and show same to such persons as may lawfully be present at the polling unit and shall then close and seal the box in such manner as to prevent its being opened by any unauthorised person.
(2) The ballot box shall then be placed in full view of all present and be so maintained until the close of poll.
47.—(1) A person intending to vote in an election shall present himself with his voter’s card to a Presiding officer for accreditation at the polling unit in the constituency in which his name is registered.
(2) To vote, the presiding officer shall use a smart card reader or any other technological device that may be prescribed by the Commission, for the accreditation of voters, to verify, confirm or authenticate the particulars of the intending voter in the manner prescribed by the Commission.
(3) Where a smart card reader or any other technological device deployed for accreditation of voters fails to function in any unit and a fresh card reader or technological device is not deployed, the election in that unit shall be cancelled and another election shall be scheduled within 24 hours if the Commission is satisfied that the result of the election in that polling unit will substantially affect the final result of the whole election and declaration of a winner in the constituency concerned.
48. A candidate or a Polling Agent may challenge the right of a person to vote on such grounds and in accordance with such procedures as are provided for in this Act.
49. The Presiding officer shall separate the queue between men and women if in that area of the country the culture is such that it does not permit the mingling of men and women in the same queue.
50.—(1) Voting at an election under this Act shall be by open secret ballot.
(2) Subject to section 63 of this Act, voting at an election and transmission of results under this Act shall be in accordance with the procedure determined by the Commission.
(3) A voter on receiving a ballot paper shall mark it in the manner prescribed by the Commission.
(4) All ballots at an election under this Act at any polling station shall be deposited in the ballot box in the open view of the public.
51.—(1) No voter shall vote for more than one candidate or record more than one vote in favour of any candidate at any one election.
(2) Where the number of votes cast at an election in any polling unit exceeds the number of accredited voters in that polling unit, the Presiding officer shall cancel the result of the election in that polling unit.
(3) Where the result of an election is cancelled in accordance with subsection (2), there shall be no return for the election until another poll has taken place in the affected polling unit.
(4) Notwithstanding the provisions of subsections (2) and (3) the Commission may, if satisfied that the result of the election will not substantially be affected by voting in the area where the election is cancelled, direct that a return of the election be made.
52.—(1) Where a voter makes any writing or mark on a ballot paper by which he or she may be identified, such ballot paper shall be rejected provided that any print resulting from the staining of the thumb of the voter in the voting compartment shall not be or be deemed to be a mark of identification under this section.
(2) The Commission shall use indelible ink for any thumb mark by voters on ballot papers.
53. A voter who by accident deals with his or her ballot paper in such a manner that it may not be conveniently used for voting, may deliver it to the Presiding officer and if the Presiding officer is satisfied that the ballot paper is spoilt he or she shall issue another ballot paper to the voter in place of the ballot paper delivered up, and the spoilt ballot paper shall be immediately marked cancelled by the Presiding officer.
54.—(1) A Voter with visual impairment or other form of disability who is otherwise unable to distinguish symbol or who suffers from any other physical disability may be accompanied into the polling unit by a person chosen by him or her 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 or her mark in accordance with the procedure prescribed by the Commission.
(2) The Commission shall take reasonable steps to ensure that persons with disabilities, special needs and vulnerable persons are assisted at the polling place by the provision of suitable means of communication, such as Braille, large embossed print, electronic devices, sign language interpretation, or off- site voting in appropriate cases.
55. No voter shall record his or her vote otherwise than by personally attending at the polling unit or voting centres and recording his or her vote in the manner prescribed by the Commission.
56. No person shall be permitted to vote at any polling unit other than the one to which he or she is allotted.
57.—(1) If at the time a person applies to vote and before he or she has left the polling unit, a Polling Agent, polling unit official or security agent informs the Presiding officer that he or she has reasonable cause to believe that the person is under the age of 18 years or has committed the offence of impersonation and gives an undertaking on a prescribed form to substantiate the charge in a court of law, the Presiding officer may order a police officer to arrest that person and the Presiding officer’s order shall be sufficient authority for the police officer to act.
(2) A person in respect of whom a Polling Agent, polling official, or security agent gives an information in accordance with the provision of subsection (1) shall not by reason of the information, be prevented from voting, but the Presiding officer shall cause the words “protested against for impersonation” to be placed against his or her name in the marked copy of the register of voters or part of the register of voters.
(3) Where a person in respect of whom a declaration is made under subsection (2), admits to the Presiding officer that he or she is not the person he or she held themselves out to be, he or she shall not be permitted to vote and shall be handed over to the police or security agent.
(4) A person arrested under this section shall be deemed to be a person taken into custody by a police officer.
58.—(1) The presiding officer shall regulate the admission of voters to the polling unit and shall exclude all persons other than the candidates, polling agents, poll clerks and persons lawfully entitled to be admitted including accredited observers, and the Presiding officer shall keep order and comply with the requirements of this Act at the polling unit.
(2) The presiding officer may order a person to be removed from a polling unit, who behaves in a disorderly manner or fails to obey a lawful order.
(3) A person removed from a polling unit under this section shall not, without the permission of the presiding officer, again enter the polling unit during the day of the election, and if charged with the commission of an offence in that polling unit, the person shall be deemed to be a person taken into custody by a police officer for an offence in respect of which he may be arrested without a warrant.
(4) The provisions of subsection (3) shall not be enforced so as to prevent a voter who is otherwise entitled to vote at a polling unit from having an opportunity of voting.
(5) In the absence of the presiding officer, the poll clerk shall enjoy and exercise all the powers of the presiding officer in respect of a polling unit.
59. At the prescribed hour for the close of poll, the Presiding officer shall declare the poll closed and no more person shall be admitted into the Polling unit and only those already inside the polling unit shall be allowed to vote.
60.—(1) The Presiding officer shall, after counting the votes at the polling unit, enter the votes scored by each candidate in a form to be prescribed by the Commission as the case may be.
(2) The form shall be signed and stamped by the presiding officer and counter signed by the candidates or their polling agents where available at the polling unit.
(3) The presiding officer shall give to the polling agents and the police officer where available a copy each of the completed forms after it has been duly signed as provided under subsection (2).
(4) The presiding officer shall count and announce the result at the polling unit.
(5) The presiding officer shall transfer the results including total number of accredited voters and the results of the ballot in a manner as prescribed by the Commission.
(6) A presiding officer who wilfully contravenes any provision of this section commits an offence and is liable on conviction to a fine not more than N500,000 or imprisonment for a term of at least six months.
61. A candidate or a polling agent may, where present at a polling unit when counting of votes is completed by the presiding officer, demand to have the votes recounted provided that the presiding officer shall cause the votes to be so recounted only once.
62.—(1) After the recording and announcement of the result, the presiding officer shall deliver same along with election materials under security and accompanied by the candidates or their polling agents, where available, to such person as may be prescribed by the Commission.
(2) The Commission shall compile, maintain and update, on a continuous basis, a register of election results to be known as the National Electronic Register of Election Results which shall be a distinct database or repository of polling unit by polling unit results, including collated election results, of each election conducted by the Commission in the Federation, and the Register of Election Results shall be kept in electronic format by the Commission at its national headquarters.
(3) Any person or political party may obtain from the Commission, on payment of such fees as may be determined by the Commission, a certified true copy of any election result kept in the National Electronic Register of Election Results for a State, Local Government, Area Council, registration area or Electoral Ward or Polling Unit, as the case may be, and the certified true copy may be in printed or electronic format.
63.—(1) Subject to subsection (2), a ballot paper which does not bear official mark prescribed by the Commission shall not be counted.
(2) If the returning officer is satisfied that a ballot paper which does not bear the official mark was from a book of ballot papers which was furnished to the presiding officer of the polling unit in which the vote was cast for use at the election in question, he or she shall, notwithstanding the absence of the official mark, count that ballot paper.
64.—(1) The presiding officer shall endorse the word “rejected” on the ballot paper rejected under section 52 (1) of this Act and for any other reason, and the ballot papers shall not be counted except otherwise allowed by the returning officer who may overrule the presiding officer.
(2) If an objection to the decision of a presiding officer to reject a ballot paper is raised by a candidate or a polling agent at the time the decision is made, the presiding officer shall add to the word “rejected”, the phrase “but objected to”.
(3) The presiding officer shall prepare a statement on rejected ballot papers, stating the number rejected, the reason for rejection and their serial number, and he or she shall on request, allow a candidate or a polling agent to copy the statement.
(4) A collation officer or returning officerat an election shall collate and announce the result of an election, subject to his or her verification and confirmation that the—
(a) number of accredited voters stated on the collated result are correct and consistent with the number of accredited voters recorded and transmitted directly from polling units under section 47 (2) of this Act ; and
(b) the votes stated on the collated result are correct and consistent with the votes or results recorded and transmitted directly from polling units under section 60 (4) of this Act.
(5) Subject to subsection (1), a collation officer or returning officer shall use the number of accredited voters recorded and transmitted directly from polling units under section 47 (2) of this Act and the votes or results recorded and transmitted directly from polling units under section 60 (4) of this Act to collate and announce the result of an election if a collated result at his or a lower level of collation is not correct.
(6) Where during collation of results, there is a dispute regarding a collated result or the result of an election from any polling unit, the collation officer or returning officer shall use the following to determine the correctness of the disputed result—
(a) the original of the disputed collated result for each polling unit where the election is disputed ;
(b) the smart card reader or other technology device used for accreditation of voters in each polling unit where theelection is disputed for the purpose ofobtaining accreditation data directly from the smart card reader or technology device ;
(c) data of accreditation recorded and transmitted directly from each polling unit where the election is disputed as prescribed under section 47
(2) of this Act ; and
(d) the votes and result of the election recorded and transmitted directly from each polling unit where the election is disputed, as prescribed under section 60 (4) of this Act.
(7) If the disputed result under subsection (6) were otherwise found not to be correct, the collation officer or returning officer shall re-collate and announce a new result using the information in subsection (6) (a)-(d).
(8) Where the dispute under subsection (6) arose at the level of collation and the returning officer has satisfied the provision of subsection (6) (a)-(d), the returning officer shall accordingly declare the winner of the election.
(9) A returning officer or collation officer, as the case may be, commits an offence if he or she intentionally collates or announces a false result and is liable on conviction to a fine of N5,000,000 or imprisonment for a term of at least three years or both.
65.—(1) The decision of the returning officer shall be final on any question arising from or relating to—
(a) unmarked ballot paper ;
(b) rejected ballot paper ; and
(c) declaration of scores of candidates and the return of a candidate :
Provided that the Commission shall have the power within seven days to review the declaration and return where the Commission determines that the said declaration and return was not made voluntarily or was made contrary to the provisions of the law, regulations and guidelines, and manual for the election.
(2) A decision of the returning officer under subsection (1) may be reviewed by anelection tribunal or court of competent jurisdiction in an election petition proceedings under this Act.
66. In an election to the office of the President or Governor whether or not contested and in any contested election to any other elective office, the result shall be ascertained by counting the votes cast for each candidate and subjected to the provisions of sections 133, 134 and 179 of the Constitution, the candidate that receives the highest number of votes shall be declared elected by the appropriate returning officer.
67. Where two or more candidates poll equal number of votes being the highest in an election, the returning officer shall not return any of the candidates and a fresh election shall be held for the candidates who polled equal number of votes on a date to be appointed by the Commission.
68. The Commission shall cause to be posted on its notice board and website, a notice showing the candidates at the election and their scores, and the person declared as elected or returned at the election.
69. The Chief Electoral Commissioner or any officer authorised by him or her shall keep official custody of all the documents, including statement of results and ballot papers relating to the election, which are returned to the Commission by the returning officers.
70. Subject to the provisions of this Act, the Commission shall issue and publish in the Federal Government Gazette, guidelines for the elections which shall make provisions, among other things, for the step-by-step recording of the poll in the electoral forms as may be prescribed beginning from the polling unit to the last collation centre for the ward or constituency where the result of the election shall be declared.
71. Every result form completed at the ward, local government, state and national levels in accordance with the provisions of this Act or any guidelines issued by the Commission shall be stamped, signed and countersigned by the relevant officers and polling agents at those levels and copies given to the police officers and the polling agents, where available.
72.—(1) A sealed certificate of return at an election in a prescribed form shall be issued within 14 days to every candidate who has been returned by the returning officer in an election under this Act :
Provided that where the Court of Appeal or the Supreme Court being the final appellate court in any election petition, as the case may be, nullifies any candidate’s certificate of return, the Commission shall within 48 hours after receipt of the court’s order, issue the successful candidate with a valid certificate of return.
(2) Where the Commission fails, refuses, or neglects to issue the certificate of return under subsection (1), a certified true copy of the order of the court shall, by that very fact, be sufficient for the purpose of swearing-in a candidate declared as the winner of the election by that court.
73.—(1) The forms to be used for the conduct of elections under this Act shall be determined by the Commission.
(2) An election conducted at a polling unit without the prior recording in the forms prescribed by the Commission of the quantity, serial numbers and other particulars of results sheets, ballot papers and other sensitive electoral materials made available by the Commission for the conduct of the election shall be invalid.
(3) A Presiding officer who intentionally announces or signs any election result in violation of subsection (2) commits an offence and is liable on conviction to a fine of N10,000,000 or imprisonment for a term of at least one year or both.
74.—(1) The Resident Electoral Commissioner in a state where an election is conducted shall, within 14 days after an application is made to him by any of the parties to an election petition, cause a certified true copy of such document to be issued to the said party.
(2) Any Resident Electoral Commissioner who willfully fails to comply with the provisions in subsection (1) commits an offence and is liable on conviction to a maximum fine of N2,000,000 or imprisonment for a term of 12 months or both.
