Delta State Independent Electoral Commission Law, 2017

DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017

1. Short Title and Commencement. This Law may be cited as the Delta State Independent Electoral Commission Law, 2017 and shall come into force on the 14th day of September 2017.

2. Interpretation. In this Law - "Appointment" includes appointment to an office, confirmation of appointment, promotion or transfer; "Association" means a body of persons (corporate or otherwise) who agree to act together for any common purpose and includes an association formed for any ethnic, social, cultural, occupational religious purpose; "Attorney-General of the State" means the Attorney-General and Commissioner of Justice in the State; "Authority" includes government or government agency and corporate bodies; "Campaigning in public” means the campaign that after the publication of notice of election by the commission. "Chairman " means the Chairman and Chief Delta State Independent Electoral Commission; "Chief Electoral Officer" means a member Staff of the Commission who is the head of the Commission's office at a Local Government Area Council; "Chief Independent Electoral Commissioner" means the Chairman of the Delta State Independent Electoral Commission; "Civil Procedure Rules" means the Civil Procedure Rules of the High Court of Delta State for the time being in force; "Civil Servant" means a person employed in the Civil Service of the Federation or of a State or Local Government; "Clerk" means the Clerk of the Local Government Area Council or any person acting in that capacity; "Commission" means the Delta State Independent Electoral Commission established by this Law, "Constituency" includes - a ward, in the case of a Councilor, and Local Government Area, in the case of a Chairman; "Constitution " mans the Constitution of the Federal Republic of Nigeria 1999, as amended; "Conviction " means a pronouncement by a Court or Tribunal that a person is guilty of an offence under this Law or under the provisions of the Constitution or under any other law whether or not any punishment is imposed on the person as a result of the conviction; "Decision" means in relation to court or tribunal, any determination of that court or tribunal and includes a judgment, decree, conviction, sentence, order or recommendation; "Election" means any election held under this Law and includes a referendum; "Federation" means the Federal Republic of Nigeria; "Function" includes power and duty; "General Election" means an election held in the Local Government Area Councils and at regular intervals to elect Chairmen and Councilors to serve after the expiration of the full terms Of their predecessors; "Governor" means the Governor of Delta State; "Government" includes the Government of the Federation, of a State or of a Local Government Area or any person or organ exercising power or authority on its behalf; "House" means the Delta State House of Assembly; "Leader of an Association" means any person holding an executive position in that association, including in particular, the Chairman, Secretary or Treasurer of the association and every member of its committee of management however described; "Leader of a Political Party" means any person holding an executive position in that political party, including in particular, the Chairman, Secretary or Treasurer of the political party and every member of its committee of management however described; "Legal Incapacity" means a person disqualified under the Constitution or the present Law or any other Law, Rules and Regulations from registering as a voter or from contesting elections; "Legislative Council" means legislative Arm of a Local Government or Area Council; "Local Government" means Local Government recognized and existing by virtue of Section 3(6) of the Constitution and Set out in Part I of the First Schedule thereof and any additional Local Government Area provided for by an Act of the National Assembly in accordance with Section 8(5) of the Constitution; "Member" means a Member of the Commission and includes the Chairman; "Misconduct" means breach of oath of allegiance or oath of office of a member or a breach of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) or bribery or corruption or false declaration of assets and liabilities or conviction for treasonable felony; "Offensive Weapon or Missile" includes any cannon, gun, rifle, carbine, revolver, pistol, or any other firearm, bow and mow, spear, cutlass, knife, dagger, axe, cudgel, or any Other thing capable of being used as an offensive weapon or missile, including teargas, acid, and any inflammable substance capable Of injuring a person; "Office " or "Public office" means any of the offices the Occupation of which is by election or appointment under this Law; "Petition" an election this Law; "Polling Agent" means a person representing a political party or candidate, at the polling unit, ward, Local Government Collation Centres; "Polling Unit" means the place, enclosure, booth, shade or house at which voting takes place under this Law; "Political parry includes any association registered under the Independent National Electoral Commission Act 2010; "Power" includes function and duty; "Principal Law" the Delta State Electoral Law, 2017; "Public Servant" means as defined by the Constitution; "Register of Voters” means the list of voters, registered and eligible to vote in an election in the ward or constituency; "Registrar" includes Chief Registrar, Deputy Chief Registrar and Registrar of other grades of the Supreme Court, Court of Appeal, Federal High Court, High Court of a State and Magistrate Court; "Registry" means a Registry set up for an Election Tribunal or Election Appeal Tribunal established under this Law; "Return" means the declaration by a Returning Officer of a candidate in an election under this Law as being the winner of that election; "School Certificate" has the meaning as defined in the Constitution; "Secret Society" has the meaning as defined in the Constitution; "Secretary " means the Secretary of an Election Petition Tribunal established by this law and shall include the Registrar of the Election Petition Appeal Tribunal or any officer or Clerk acting for him; "Star means person(s) employed directly by the Commission; "State" means Delta State and when used in reference to one of the component parts of the Federal Republic of Nigeria shall include the government of a State; "Tribunal" means an Election Petition Tribunal and an Election Petition Appeal Tribunal established under this Law; "Tribunal Notice Board" means a notice board at the Registry or a notice board at the place of hearing where notice of presentation of election petition or notice of hearing an election petition or any other notice may be given or posted.

3. The Delta State Independent Electoral Commission. (1) There is hereby established for the State, a body to be known as the Delta State Independent Electoral Commission (in this Law referred to as "the Commission" (2) The Commission shall be a body corporate with perpetual succession and may sue or be sued in its corporate name.

4. Membership of the Commission. (1) The Commission shall consist of a Chairman who shall be the Chief Independent Electoral Commissioner and the Chief Executive of the Commission and six other members not less than two each to be appointed from each senatorial district in the State and to be known as the Independent Electoral Commissioners. (2) The Chairman and other members shall not be less than 30 years of age. (3) The Chairman and other members of the Commission must be persons of unquestionable integrity, shall be appointed by the Governor subject to confirmation by a resolution of the State House of Assembly.

5. Qualification for Membership. (1) No person shall be qualified for appointment as Chairman or as a member of the Commission if - (a) He is not qualified or he is disqualified for election as member of the Delta State House of Assembly, provided that a member of the Delta State Electoral Commission shall not be required to belong to a political party and shall not be a of a political party. (2) Any person employed in the public service of the State shall not be disqualified for appointment as Chairman or member of Commission provided that where such a person has been duly appointed, he shall on his appointment be deemed to have resigned his former office from the date of the appointment. (3) No person shall be qualified for appointment to the Commission if, having previously been appointed as a member otherwise than as an ex-officio member, he has been for a further term as a member of the Commission.

6. Tenure of Office. (1) The Chairman and of the Commission shall hold office for a period of five years. (2) The Chairman shall assign to a Commissioner responsibility for the administration of any department of the Commission and any other duties as he considers appropriate. (3) A member may resign his membership of the Commission by notice in writing addressed to the Governor and that member shall, on the date of the receipt of the notice by the Governor cease to a member.

7. Removal of Member. (1) Any person holding any of the offices to which this applies shall only be removed from that office by the Governor of the State on address by two-third majority of the House of Assembly of the State 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. (2) This section shall apply to the offices of the Chairman and Members of the Commission.

8. Remuneration. (1) Members of the Commission shall be paid such salaries and allowances as may be specified by the Governor; (2) A member of the Commission shall not hold office of emolument in any State of the Federation or in the Civil and Public Service of the Federation.

9. Functions of the Commission. The Commission shall have power to: (1) organize, conduct and supervise all the elections and matters pertaining to elections into all the elective offices provided for in the Delta State Law, 2017 or any other Laws made by the State House of Assembly; (2) observe political party primaries and campaiens and provide rules and regulations which shall govern the elections; (3) ensure that all Electoral and Returning Officers take and subscribe to the oath of Office prescribed by Law; (4) render such advice as it may consider to the Independent National Electoral Commission on the compilation of the Register or Voters in so far as that Register is applicable to local government in the State; (5) create and delimit electoral wards in the Local Government Council Areas: (a) The boundaries of each ward shall be such that the number of inhabitants of the electoral ward is as nearly equal to the population quota of the electoral ward as is reasonably practicable. (b) The Commission shall review the division of every Local Government Area into wards at intervals and may alter such electoral ward in accordance with the provisions of paragraph (a) of subsection (5) of this section to such extent as it may consider desirable in the light of a review; (c) Notwithstanding the provisions of paragraph (a) of subsection (5) of this section, the Commission may, at any time, carry out such a review and alter the electoral in accordance with the provisions of this section to such extent as it considers necessary in consequence of any amendment to section 3 of the Constitution or any provision replacing that provision or by reason of the holding of a National Population Census or pursuant to a Law of the House of Assembly of Delta State. (6) Carry out such other functions as may be conferred upon it by this Law and any other Law.

10. Establishment of the Delta State Independent Electoral Commission Fund. (1) There shall be established for the Commission a fund to be known as the Delta State Independent Electoral Commission Fund. (2) The capital and recurrent expenditures of the Commission, in addition to salaries and allowances of the Chairman, Members and members of staff, shall be a first line charge upon the Consolidated Revenue Fund of the State and paid directly to the Commission quarterly. (3) There shall be paid into fund established pursuant to (1) of this section - (a) such sums and payments available to the Commission for carrying out its functions and purposes under the Constitution and this Law and all other assets from time to time accruing to the Commission. (b) such sums as may, from time to time, be credited to the Fund by way of interest on investments made from the Fund. (c) aids and grants that may from time to time accrue to the Commission in order to carry out its functions. (d) disbursements from the Fund shall be made in accordance with rules established by the Commission.

11. Expenditure. The Commission may from time to time, apply the proceeds of the Fund established pursuant to section 8(1) of this Law - (a) to defray the cost of administration of the Commission; (b) to reimburse members or members of any Committee set up by the Commission for such as may be expressly authorized by the Commission in accordance with rates approved by it; (c) to the payment of salaries, fees or other remuneration or allowances and pensions, superannuation allowance and gratuities payable to the officer and servants of the Commission; no payment of any kind under this paragraph (except such as may be expressly authorized as aforesaid) shall be made to any person who is in receipt of emoluments from the Government of a State or the Government of the Federation; (d) to the maintenance of any property vested in the Cormission; and (e) to all or any of its function under this Law.

12. Annual Estimate and Accounts. (1) The Commission shall submit to the appropriate organ of State Government in each financial year an estimate of its expenditure and income (including payments to the Delta State Independent Electoral Commission) during the next succeeding financial year. (2) The Commission shall keep proper accounts in respect of each financial year (and proper records in relation thereto) and shall cause its accounts to be audited as soon as possible after the end of each financial year by the Auditor-General of the State.

13. Local Government Office. (1) There shall be established in each Local Government Area in the State an office of the Local Commission which shall perform such as may be assigned to it, from time to time by the Commission. (2) There shall be in each Local Government Area, a Chief Electoral Officer who shall be: (a) a person of unquestionable integrity; and (b) shall be a staff of the Commission. (3) A Chief Electoral Officer shall be appointed by the Commission.

14. Independence of the Commission. In the exercise of its functions and power to make appointment, promote dismiss or exercise disciplinary control over its employees, the Commission shall not be subject to the direction and control of any other authority or person.

15. Quorum and Decision. (1) the quorum for a meeting of the Commission shall not be less than one-third of the total number of members of the Commission at the date of the meeting. (2) A member of the Commission shall be entitled to one vote and a decision of the meeting may be taken and any act or thing may be done in the name of the Commission by a majority of the members present at the meeting. (3) Whenever such body is assembled for a meeting, the Chairman or other person presiding shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called), have a casting as well as deliberative vote. (4) Subject to its rules of procedure, the Commission may act or take any decision notwithstanding any vacancy in its membership or the absence of any member.

16. Proceedings of the Commission. (1) The proceedings and conduct of business of the Commission shall be at such times, places and on such days as the Chairman may appoint. (2) The Chairman shall preside at all meetings of the Commission save that in his absence from any meeting of the Commission, the members present shall elect one of their members to preside at the meeting. (3) Notwithstanding the provision of subsection (1) of this section, if the Chairman is absent on leave or unable to perform the functions of his office as a result of infirmity of the mind, or body or for whatever reason, the Governor may appoint any member of the Commission to act as Chairman for a specified period.

17. Validity of Proceedings or act of the Commission. The validity of any proceeding of the Commission or act done by the Commission shall not be affected by any vacancy in its membership or any defect in the appointment of a member or by reason that a person not entitled to do so took part in the proceedings or act.

18. Power to Co-opt any Person. (1) The Commission shall have power to co-opt any person whose advice or service is desired for a particular matter, for such period as it thinks fit. (2) A person so co-opted shall not be entitled to vote at any meeting of the Commission and shall not count towards a quorum.

19. Power to make Regulation and to appoint Committees. The Commission shall have power to regulate its proceedings and make standing orders affecting the conduct of elections under this Law and may appoint such committee as may be necessary for the effective performance of its functions under this Law.

20. Secretary to the Commission. (1) There shall be a Secretary to the Commission who shall - (a) be appointed by the Governor upon the recommendation of the Board of the Commission. (b) not be below the rank of a Director from among the staff of the Commission; (c) hold office for a period of four (4) years from the date of his appointment and may be eligible for reappointment for a further term of four (4) years only; (d) In the event that the tenure of the Secretary is not renewed, the Secretary shall remain in the Commission and shall without prejudice to any promotion he would have earned but for the appointment, be entitled to and earn such promotion. Provided (i) He has not exhausted the 35 years of service; or (ii) He has not attained the age of 60 (e) In the event that the tenure of the Secretary is renewed, the Secretary shall cease to be a staff of the Commission and shall retire at the end of the tenure. (2) The Secretary shall not be a member of a political party. (3) The Secretary shall:- (a) co-ordinate the Commission’s secretariat as directed by the Commission; (b) be responsible for keeping proper records of the proceedings of the Commission; (c) be responsible for the direction and control of all other employees of the commission; (4) The Secretary shall enjoy all the benefits of a permanent Secretary as is obtained in the Public Service of the State during and after active service.

21. Appointment and Control of Staff of the Commission. The commission shall have powers to appoint its staff directly and if it so desires appoint either on secondment, or on temporary basis from any public service of the State, such number of employees as may, in the opinion of the Commission, be required to assist the commission in the discharge of any of its functions under this Law and shall pay such persons employed directly, such salaries as the Commission may determine.

22. Election to Offices of Chairman, Vice-Chairman and Councillors. (1) There shall be elected for each Local Government Area council in the state a Chairman and Vice-Chairman. (2) There shall be elected a Councillor for each electoral ward in the Local Government Area of the State.

23. Division of Local Government Area Council to Wards. Subject to the provision of Section 7, the commission shall divide each Local Government Area into electoral wards being not less than 10 nor more than 20 as the circumstances of each Local Government Area Council may require.

24. Qualification. A person shall be qualified for election into the Local Government Area Council if he - (a) is a citizen of Nigeria; (b) is registered as a voter; (c) has attained the age of 21 years for councilor and 30 years for chairman and Vice-Chairman; (d) has been educated up to at least the School Certificate level or its equivalent; (e) is a member of a political party and is sponsored by that parry.

25. Disqualification. (1) A person shall not be qualified to contest a Local Government council election under this Law if he - (a) 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 other country; or (b) is adjudged to be a lunatic or otherwise declared to be of unsound mind under any law in force in any part of Nigeria; or (c) is under sentence of death imposed on him by any competent court of law or tribunal in Nigeria; or (d) within a period of less than ten years before the date of an election to the Local Government Council, has been convicted and sentenced for an offence involving dishonesty or has been found guilty of contravention of the Code of Conduct Bureau and Tribunal Act; or (e) is an un-discharged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria; or (f) is a person employed in the public service of the Federation of Nigeria or any State or any Local Government Council (other than a person holding elective office) and he has not resigned, withdrawn or retired from such employment at least 60 days before the date of the election: or (g) is a member of any secret society; or (h) has been dismissed from the service of the Federation, State, Local Government Council or the private sector; or (i) has been elected to such office at any two previous elections in the case of Chairman; or (2) Where in respect of any person who has been - (a) adjudged to be a lunatic; or (b) declared to be of unsound mind; or (c) sentenced to death or imprisonment; or (d) adjudged or declared bankrupt; or (e) found guilty of an electoral offence under this Law; if 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 abandoned, whichever is earlier. (3) For the purpose of subsection (2) of this section, an "appeal” includes any application for an injunction or an order of certiorari, mandamus, prohibition, habeas corpus, or any appeal from such application.

26. Nomination of running mate. In an election under this Law, a candidate for the Office of Chairman of a Local Government Area Council shall not be deemed to have been validly nominated for such office unless, there is another person presented as a running mate vying for the Office of Vice-Chairman, and that person shall be deemed to have been duly elected to the office of Vice-Chairman if the candidate with whom he is running is duly elected as Chairman.

27. Additional qualifications to Contest Elections. (1) In addition to the provisions in section 24 of this Law, a person shall not be qualified as a candidate to contest a local government election unless: (a) he is ordinarily resident in the ward or constituency in which he is contesting an election or is an indigene of that ward or constituency; (b) he produces evidence of tax payment as and when due for a period of three consecutive years immediately preceding the year of the election; (c) in the case of a candidate contesting as a Chairman, he has (i) been nominated in Form DSIEC 005 by 5 registered voters in each of at least law- thirds of the wards in the LGA and (ii) made the deposit of N50,000.00 (fifty thousand Naira) only to the Commission, (d) in the case of a candidate contesting as a Councillor, he has been nominated by 10 registered voters in his ward or constituency in Form DSIEC 006; and has made a deposit of N30,000.00 (thirty thousand Naira) only to the Commission; (e) he has not been found guilty of an offence involving narcotic drugs or other psychotropic substances under a law in force in Nigeria or elsewhere; (f) he is a registered voter in the ward or constituency in which he intends to contest the election; (g) he has not been adjudged guilty of economic sabotage against Nigeria or of treason or treasonable felony or of disruption of public peace or security of Nigeria or any part thereof by any court of Law or Tribunal; (h) he has not been adjudged guilty of an electoral offence under this Law. (2) where a person seeking to contest as a candidate is involved in a case that may lead to his being disqualified under this law, and the case is pending before a court or tribunal, he may stand as a candidate in the election pending the determination of the case but if he is adjudged guilty by the court or tribunal as the case may be, he shall: (a) withdraw from the election; and (b) if already elected cease to be a Chairman, Vice-Chairman or Councillor as the case may be.

28. Eligibility to Vote. (1) A person shall be eligible to vote in a Local Government Election if: (a) he is a citizen of Nigeria and has attained the age of 18 years; (b) he is ordinarily resident in the ward or Local Government Area for a period of not less than 12 months prior to the date of election, or is an indigene of the ward or LGA; and (c) he is registered as a voter in the ward or Local Government Area and subject to subsection 2 of this section, has obtained a voter's card to b€ presented at the polling station or unit on the day of the election. (2) Where a person claims that his name is on the Register of Voters for the polling unit but that his voter's card is missing or has been destroyed, the Presiding Officer shall if- (a) the name and photograph of the person is found in the Register of Voters for the polling station or unit; and (b) he satisfies himself that the person has not voted earlier in that particular election allow the person to vote.

29. Residency for the purpose of voting. (1) For the purpose of this Law, a person shall be deemed to be ordinarily resident in that place where he normally lives, sleeps and has his usual abode, whether or not he is an indigene of that place. (2) For the avoidance of doubt, a person who is ordinarily resident in a place outside his indigenous Local Government Area or outside his state of origin shall be eligible to vote in a place if he has been so ordinarily resident in that place.

30. Campaign guidelines. Candidates and their parties shall campaign for the elections in such manner and in accordance with such guidelines as the Commission may from time to time determine.

31. Appointment and Supervision of officers. The provisions set out in Part v to this Law shall have effect with respect to the appointment and supervision of officers and other matters contained therein.

32. Date of Elections and method of Voting. (1) Voting in any particular election into Local Government Councils under this Law shall be held on the same date and time by the Commission throughout the State, constituency or ward, as the case may be. (2) Bye-elections to fill vacancies that occur in Local Government Area Councils shall be held within 30 days from the date the vacancy occurred. (3) The date mentioned in subsection (1) of this section shall not be earlier than 150 days before and not later than 30 days before the expiration of the term of office or the last holder of that office. (4) where a vacancy occurs three months before the day the Local Government Area Council stands dissolved, there shall be a bye-election to fill the vacancy not later than 30 days from the date the vacancy occurred. (5) Voting shall be by open-secret ballot. (6) The use of electronic voting for the time being is prohibited. (7) Card readers may be used if available.

33. Postponement of Election. (1) 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 and/or it is impossible to conduct the election 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. (2) Where an election is postponed under this Law on or after the last date for the delivery of nomination papers, and a poll has to be taken between the candidates nominated, the Commission shall, on a new date being appointed for the election, proceed as if the date appointed were the date for the taking of the poll between the candidates. (3) Where the Commission appoints a substituted date in accordance with subsections (1) and (2) of this section, there shall be no return for the election until polling has taken place in the area affected. (4) Notwithstanding the provision of subsection (3) of this section, 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. (5) The decision of the Commission under subsection (4) of this section may be challenged by any of the contestants at a tribunal of competent jurisdiction.

34. Announcement of Election Result. (1) The Results of all elections shall be announced by - (a) the Presiding Officer at the Polling Unit; (b) the Ward Returning Officer at the Ward Collation Centre: (c) the Local Government Council Returning Officer at the Local Government Council Collation Centre. (2) The designated Returning officer shall announce the result and declare the winner of the election at: (a) Ward Collation Centre in the case of Councillorship election; (b) Local Government Area Council Collation Centre in the case of Chairmanship.

35. Notice of Election. (1) The Commission shall not later than 30 days before the day appointed for holding of an election under this law publish a notice in each Local Government Area of the State – (a) stating the date for the election; and (b) appointing the place at which nomination papers are to be delivered. (2) The notice shall be published in each Ward or Constituency in respect of which an election is to be held. (3) In the case of a bye-election, the Commission shall, not later than 30 days before the date appointed for the election, publish a notice stating the date of the election.

36. Submission of List of Candidates and their Affidavits by Political Parties. (1) Every political party shall not later than 30 days before the date appointed for a general election under the provisions of this Law, submit to the Commission, In Form DSIEC 001, the list of candidates the party proposes to sponsor at the elections, provided that the Commission shall not reject or disqualify candidate(s) for any reason whatsoever. (2) The list or information submitted by each candidate in Form DSIEC 002 shall be accompanied by an affidavit sworn by the candidate at the State High Court or the Magistrate Court of Delta State indicating he has fulfilled all the constitutional requirements for election into that office. (3) The commission shall within 7 days of the receipt of the personal particulars of the candidate, publish same in the ward or constituency on Form DSIEC 003 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 person who has reasonable grounds to believe that any information given by a candidate in the affidavit or any document submitted by that candidate is false may file a suit at the High Court of Delta State against such a person seeking a declaration that the information contained in the affidavit is false. (6) If the court determines that any of the information contained in the affidavit or any document submitted by that candidate is false, the court shall issue an order disqualifying the candidate from contesting the election. (7) A candidate for election shall, at the time of submitting the prescribed form, furnish the Commission with an identifiable address in the Local Government Area where he 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. (8) A political party which presents to the commission the name of a candidate who does not meet the qualifications stipulated in this Law, shall be guilty of an offence and on conviction shall be liable to a maximum fine of N500,000.00 (five hundred thousand Naira).

37. Prohibition of Double Nomination. (1) No person shall nominate more than one person for an election to the same office. (2) Any person who contravenes subsection (1) of this section shall be guilty of an offence and on conviction be liable to a maximum fine of N100,000.00 or imprisonment for three months or both but his action shall not invalidate the nomination. (3) No account shall be taken of the signature of a person on a nomination paper where the candidate had died, withdrawn or where the nomination paper was held invalid. (4) No person who has subscribed as a nominator shall so long as the candidate stands nominated withdraw his nomination.

38. Return of Deposits. (1) Every candidate shall, before his nomination paper is delivered to the commission, deposit or cause to be deposited with the commission the sum specified in section 25(1) (c) and (d) of this Law and shall, at the time of the delivery of his nomination paper, produce to the Commission the official receipt for the sum. (2) No nomination shall be valid unless the specified sum is deposited and the receipt for the sum produced in the manner required in subsection (1) of this section. (3) The sum deposited shall be returned to the candidate or his personal representative if - (a) the candidate dies before the date of the election; (b) there is no contested election. (4) A deposit which is not refundable shall be retained by the Commission as revenue.

39. Validity of Nomination. (1) when a nomination paper is delivered and a deposit is made in accordance with this Law, the candidate shall be deemed to stand nominated unless and until - (a) the nomination paper is invalid; or (b) proof is given to the satisfaction of the commission of the candidate's death; or (c) he withdraws his candidature or dies as specified in this Law. (2) The Commission shall be entitled to hold the nomination paper invalid only on one or more of the following grounds - (a) that particulars of the candidate or his nominators are not as required by law; or (b) that the nomination paper is not signed as required by law; or (c) that the candidate had been nominated in more than one ward or constituency, as the case may be; or (d) that the nominators of the candidate or one or more of them are not persons whose names appear on the Register of Voters in respect of the appropriate ward or constituency; (e) that the nomination paper of the candidate does not comply with the time- frame prescribed for submission. (3) The commission's decision that the nomination of a candidate is invalid shall be binding.

40. Political Parties Changing Candidates. A political Party shall not be allowed to change or substitute its candidate whose name has been submitted pursuant to section 36 of this Law, except such substitution is made within 14 days to the date of the election or in the case of death or withdrawal by the candidate.

41. Publication of Nomination. The commission shall, at least 14 days before the day of the election publish by displaying or causing to be displayed at the relevant office(s) oi t}re commission, a statement of the full names and addresses of all candidates standing nominated.

42. Withdrawal of a Candidate. A candidate may withdraw his candidature by notice in writing signed by him and delivered by himself to the political party that nominated him for the election and the political party shall forward the original copy of the said letter of withdrawal to the Commission and which shall only be allowed not later than 7 days to the election.

43. Death of a Candidate. (1) If after the time for the delivery of nomination paper and before the commencement of poll, a nominated candidate dies, the Chief Independent 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) Proof shall be given to the satisfaction of the commission with a certificate of death, proof of which shall consist of an affidavit stating the fact of the candidate’s death submitted by the party sponsoring the candidate together with a death certificate duly issued by the National Population Commission. (3) If before a return of an election is made the chairman candidate dies, the party which sponsored that candidate shall be allowed to substitute the dead candidate; with proof of death in accordance with sub section (2) above, with another person. (4) The list of voters to be used at a postponed election shall be the official Register of Voters which was to be used if the election had not been postponed.

44. Invalidity of Multiple Nominations. Where a candidate knowingly allows himself to be nominated by more than one political party and or in more than one constituency his nomination shall be void.

45. Failure of Nomination. 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.

46. Procedure for Nomination, etc. (1) If after the expiration of time for the delivery of nomination papers and the withdrawal of candidates for election of Councillors under this Law only one candidate remains duly nominated, that candidate shall be declared returned unopposed. (2) If after the expiration of time for delivery of Nomination Papers and the withdrawal of candidates for election of Councillors under this section, more than one candidate remains duly nominated, a poll shall be taken in accordance with the provisions of this Law. (3) Where at the close of nomination for election to the Office of Chairman, only one candidate - (a) has been duly nominated; or (b) remains nominated by reason of the invalidity of nomination, withdrawal, incapacitation, disappearance, or death of other candidates, 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 and the candidate shall be deemed returned unopposed.

47. Form of Ballot Papers. (1) The Commission shall prescribe the format of the ballot which shall include the name and symbol adopted by the political party of the candidate and have blank space at the right side of the symbol on which a thumb impression can conveniently be made and such other information as may be required. (2) The ballot papers shall be bound in booklets and numbered serially and stamped with differentiating colours for each office being contested. (3) A ballot shall have a counterfoil bearing the same serial number as printed or stamped on it.

48. Polling Agents. (1) Each political party may by notice in writing addressed to the Chief Electoral Officer of the Local Government Area, appoint a person to attend at specified polling unit and collation centre in the Local Government Area for which it has a candidate and the notice shall set out the name and address of the polling agent given to the Chief Electoral Officer at least 7 days before the date fixed for the election. (2) Notwithstanding the requirement of subsection (1) of the section, a candidate shall not be precluded from any act or thing which he has appointed a polling agent to on his behalf under this Law. (3) Where in this Law, an act or thing is required or authorized to be done by or in the presence of a polling agent, the non-attendance of the piling agent at the time and place appointed for the act or thing or refusal by the poling agent to do the act or thing shall not, if the act or thing is otherwise done properly, invalidate the act or thing.

49. Notice of Polls. The Commission shall, not later than 14 days before the day of the election, cause to be published, in a manner as it may deem fit, a notice specifying - (a) the day and hour fixed for the poll; (b) the persons entitled to vote; and (c) the location of the piling units.

50. Display of Ballot Boxes. (1) The Commission shall provide suitable ballot boxes for the conduct of elections. (2) At the hour fixed for opening of the poll, before the commencement of voting, the Presiding Officer shall open the empty ballot box 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 a manner as to prevent its being opened by unauthorized person(s). (3) The ballot shall then be placed in full view of all present, and be so maintained until the close of poll.

51. Issue of Ballot Papers. (1) Any person intending to vote with his voter's card shall present himself to a Presiding Officer at the polling unit in the Ward or Constituency in which his name is registered with his voter's card. (2) The Presiding Officer shall, on being satisfied that the name of the person is on the Register of Voters, issue him a ballot paper and indicate on the Register that the person has voted.

52. Procedure for voting at polling center. (1) Voting at an election shall be conducted in the following manner, that is - (a) before delivering ballot papers to a voter, the Presiding Officer may require the voter to be searched by the Presiding Officer or a person directed by him for the purpose of ensuring that a ballot paper relating to the election is not in his possession and a voter who refuses to submit to a search shall not be entitled to receive the ballot papers; (b) a female voter shall not be searched except by a female person; (c) immediately before the Presiding Officer delivers the ballot paper(s) to a voter (i) the ballot papers shall be punched or stamped with an official stamp provided; (ii) the number, name, address and occupation of the voter as stated in the copy of the Register of Voters or part of the Register of Votes shall be called out; (iii) the number of the voter in the Register of Voters shall be marked on the counterfoil; and (iv) a mark shall be placed against the number of the voter in the copy of the Register of Voters or part of the Register of Voters, to denote that the ballot papers have been received by the voter but without showing the serial number of the ballot papers which have been received. (v) A voter shall on receiving the ballot papers, go immediately into the screened compartment in the polling station or unit and there secretly record his vote by placing his thumbprint against the symbol of the candidate of his choice; (vi) Immediately after recording his vote, a voter shall submit to having his finger nail or his left thumb marked with ink sufficiently indelible to leave a mark for a period of approximately ten hours.

53. Right to Challenge Issuance of Ballot Paper. A candidate or polling agent may challenge the right of a person to receive a ballot paper on such grounds and in accordance with such procedures as are provided for in this Law.

54. Over Voting. (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 votes cast at an election in any polling unit exceed the number of registered and/or accredited voters in that polling unit, the result of the election for that polling unit shall be declared null and void by the commission and another election may be conducted at a date to be fixed by the commission where the result at that polling unit may affect the overall result in the Ward or Constituency. (3) Where an election is nullified in accordance with subsection (2) of this section, there shall be no return for the election until another poll has taken place in the affected area. (4) Notwithstanding the provisions of subsections (2) and (3) of this section the commission may, if satisfied that the result of the election will not be substantially affected by voting in the area where the election is cancelled, direct that a return of the election be made.

55. Ballot not to be marked by Voter for Identification. Where a voter makes any writing or mark on a ballot paper by which he may be identified, such ballot paper shall be rejected provided that any print resulting from staining the thumb of the voter in the voting compartment shall not be or deemed to be a mark of identification under this section.

56. Accidental Destruction or Marking of Ballot Papers. A voter who by accident deals with his 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 shall issue another ballot paper to the voter in place of the paper delivered up, and the spoilt ballot paper shall be immediately marked cancelled by the Presiding Officer.

57. Blind and Incapacitated Voters. (1) A voter who is blind or 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.

58. Personal Attendance. No voter shall record his vote otherwise than by personally attending at the polling unit and recording his vote in the manner prescribed by the Commission.

59. Voting at appropriate Polling Unit. No person shall be permitted to vote at any polling unit other than the one to which he is allotted.

60. Impersonation by Applicant for Ballot Paper. (1) If at the time a person applies for a ballot paper and before he has left the polling unit, a polling agent, polling unit official or security agent informs the Presiding officer that he 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 undertaken 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 so act. (2) A person in respect of whom a poll agent, polling official, or security agent gives an information in accordance with the provision of subsection (1) of this section 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 name in the marked copy of the Register of voters. (3) Where a person in respect of whom a declaration is made under subsection (2) of this section, admits to the Presiding officer that he is not the person he held himself out to be, he shall not be permitted to vote and shall be handed over to the police. (4) A person arrested under the provisions of this section shall be deemed to be a person taken into custody by a police officer.

61. Tendered Ballot Paper. (1) If a person claiming to be entitled to vote applies for a ballot paper after some other person has voted in the name given by the claimant he shall, upon satisfactory answers given to any questions put to him by a Presiding officer be entitled to receive a ballot paper in the same manner as any other voter; but the ballot paper (in this Law referred to as “the tendered ballot paper") shall be of a colour different from the ordinary ballot papers. (2) The Presiding officer shall require the voter to deliver the tendered ballot paper to him instead of allowing it to be put in the ballot box, and the Presiding Officer shall endorse on it the name of the voter and his number in the Register of Voters. (3) The ballot paper shall on delivery to the presiding officer and in the view of all present be set aside by the presiding officer in a packet intended for tendered votes and the tendered ballot paper shall be counted by the Returning Officer. (4) The presiding Officer shall, when he tenders a ballot paper under this section, enter the name of the voter and his number in the Register of Voters on the list to be called tendered vote list and the tendered vote list shall be produced in any legal proceedings arising out of the election.

62. Conduct at Polling units. (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 Law 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 election, and if charged with the commission of an offence in that polling "ni1, 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 warrant. (4) The provisions of subsection (3) of this section 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 so 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.

63. Closing of Poll. (1) At the prescribed hour for the close of poll, the presiding officer shall declare the poll closed and no more person(s) shall be admitted into the poling unit and only those already inside the polling unit shall be allowed to vote. (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 this Law.

64. Counting of Votes and Forms. (1) The Presiding Officer shall, after counting the votes at the polling unit, enter the votes scored by each candidate in form DSIEC 008 & 009 respectively 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 of the completed forms after it has been duly signed as provided in subsection (2) of this section. (4) The Presiding Officer shall count and announce the result at the Polling Unit.

65. Recount. A candidate or 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 counted only once.

66. Post-election Procedure and Collation of Election Results. (1) After the recording of the result of the election, the Presiding Officer shall announce the result and deliver same and election materials under security to such persons as may be prescribed by the Commission. (2) Summary of Results for the election of Chairman from polling station shall be recorded in DSIEC 010, and the Summary of results from the polling units for the election of Councilor shall be entered into DSIEC 011. (3) The Summary of Results from the various wards for the election of Chairman shall be recorded in DSIEC 012.

67. Rejection of Ballot Paper without Official Mark (1) Subject to subsection (2) of this section, a ballot paper, which does not bear the official mark, 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 booklet 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 shall, notwithstanding the absence of the official mark, count that ballot paper.

68. Endorsement on Rejected Ballot Paper without Official Mark. (1) The Presiding Officer shall endorse the word "rejected" on the ballot paper rejected under section 55 of this Law 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 polling agent at the time the decision is made, the Presiding Officer shall add to the word "rejected", the phrase "but objected". (3) The Presiding Officer shalt prepare a statement on rejected ballot papers as well as the rejected ballot papers objected to, stating the number(s) rejected, the reason for rejection and their serial numbers. He shall on request allow a candidate or polling agent to copy the statement.

69. Decision of Returning Officer on Ballot Paper. The decision of the Returning Officer on any question arising from or relating to - (a) un-marked ballot paper; (b) rejected ballot paper; and (c) declaration of scores of candidates and the return of a candidate as contained in DSIEC 013 for Chairman of Council and DSIEC 014 for Councillor, shall be final subject to review by a tribunal or court in an election petition proceeding under this Law.

70. Posting of Results. The Commission shall cause to be posted on its notice board or website, a notice showing the candidates at the election and their scores; and the person declared as elected or returned at the election.

71. Custody of Documents. The Chief Independent Electoral Commissioner or any officer authorized by him shall have official custody of all documents, including statement of results and ballot papers relating to the election, which are returned to the Commission by Returning Officers.

72. Step by Step Recording of Poll. Subject to the provisions of this Law, the Commission shall issue and publish in its web-site or the Gazette or other media, 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 Local Government Area where the result of the election shall be declared.

73. Result Forms to be signed and countersigned. Every Result Form completed at the unit, ward and Local Government Area in accordance with the provisions of this Law or any guidelines issued by the Commission shall be stamped, signed and countersigned by relevant officers and polling agents at those levels and copies given to police office(s) assigned to the Polling Unit and Collation Centre(s) and the polling agents, where available.

74. Certificate of Return. (1) A sealed Certificate of Return at an election in Form DSIEC 015 for Chairman and Form 016 for election of Councillor shall be issued within 7 days to every candidate who has won an election under this Law: provided that where the Appeal Tribunal in any election petition nullifies the Certificate of Return of any candidate, the Commission shall within 48 hours after the receipt of the order of the Appeal Tribunal issue the successful candidate with a valid certificate of Return. (2) where the commission refuses and, or neglects to issue a certificate of Return, a certified true copy of the order of the Tribunal or court of competent jurisdiction shall, ipso facto, be sufficient for the purpose of swearing-in a candidate declared as a winner by that tribunal or court. (3) The vice-chairman shall be issued a certificate of Return and. the provisions of subsections (1) and (2) of this section shall apply to the Vice-Chairman.

75. Forms for Use at Elections. The forms to be used for the conduct of elections under this Law shall be determined by the Commission.

76. Access to Election Documents. (1) The chief Independent Electoral commissioner, with respect to elections conducted in any ward or Local Government, shall within 14 days, after an application is made to him, by any of the parties to an election petition, cause such documents or the certified true copy thereof, to be issued to the said party. (2) where the chief Independent Electoral commissioner willfully fails to comply with the provisions in subsection (1) above, he shall be guilty of an offence and shall be liable on conviction to maximum fine of N100,000.00 (one hundred thousand Naira).

77. Election of Local Government Area Council Chairman. (1) 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-thirds of all the wards in the Local Government Area Council, as the case may be; two third being an approximation to the nearest whole number. (2) If no candidate is duly elected under this subsection 1 of this section, the commission shall within 7 days conduct a second election between the two candidates, and the candidate who scored a majority of the votes at the erection shall be deemed duly elected at the election. (3) 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 cast at the election in each of at least two-thirds of all the wards in the Local Government Council Area, as the case may be; two third of the Wards being an approximation to the nearest whole number of Wards. (4) If no candidate is duly elected in accordance with subsection (3) of this section, there shall be a second election in accordance with subsection (5) of this section at which the only candidate shall be: (a) the candidate who scored the highest number of votes at the election held under subsection (3) of this section; and (b) one among the remaining candidates who has majority of votes in the highest number of wards so however where there is 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. (5) In default of a candidate duly elected under the fore-going subsections, the commission shall within 7-days of the result of the election held under the said subsections arrange for another election between the two candidates and a candidate at such an election shall be deemed to have been duly elected to the Office of Chairman of the Local Government Area Council if he has - (a) a majority of the votes cast at the election; and (b) not less than one-quarter of the votes cast at the election in each of at least two-thirds in the Local Government Council Area, as the case may be; two third of the Wards being an approximation to the nearest whole number of Wards. (6) If no candidate is duly elected under subsection (5) of this section, arrangement shall be made within 7 days of the result of the previous election for another election between the two candidates specified in subsection (5) of this section, and a candidate at this last election shall be deemed duly elected to the Office of the Chairman of the Local Government Council Area if he scores a simple majority of the votes cast at the election.

78. Death of Chairman before Oath of Office. (1) If a person duly elected as Chairman dies before taking and subscribing to the Oath of Allegiance and Oath of Office, the person elected with him as Vice-Chairman shall be sworn in as Chairman who shall then nominate and with the approval of a majority of the members of the Local Government Area Legislative Council appoint a new Vice-Chairman. (2) Where the Vice-Chairman is appointed from among the Councillors as the new Vice- Chairman, the Commission shall conduct a bye-election to fill the vacant seat created in the Ward from which the new Vice-Chairman has been appointed. (3) Where the persons duly elected as Chairman and Vice-Chairman of a Local Government Area Council die before taking the Oath of Allegiance and Oath of Office during which period the Council has not been inaugurated the Commission shall within 21 days conduct an election to fill the vacancies.

79. Presentation of Reason for Recall. A member of a Legislative House of the Local Government Area Council may be recalled if - (a) there is presented to the Chairman of the Electoral Commission a petition on that behalf signed by more than one half of the persons registered to vote in that member's Ward alleging their loss of confidence in that member; and (b) the signatures on the petition are duly verified by comparing the signatures and particulars of the voters in the petition with those contained in the register of voters in the member's ward; and (c) the petition is thereafter approved in a referendum conducted by the Commission within 90 days of the date of the receipt of the petition by a simple majority of the votes of the persons registered to vote in that member's Ward. (d) The referendum shall be conducted in the Ward of that member in the same manner as elections under sections 32 (1), (3) and (4) and Part III of this Law. (e) Voting during a referendum shall be by open secret ballot of a YES or NO vote.

80. Result of Referendum. The result of the referendum shall be announced by - (a) The Presiding Officer at the unit; (b) The Ward Returning Officer shall collate and announce the result of the Referendum and declare the result of the poll; (c) Where the majority of the votes scored at the referendum are YES votes, the member shall be declared duly recalled as a member and loses his seat in the Legislative House; (d) Where the majority of the votes scored at the referendum arc NO votes, the recall shall be deemed not approved and the member shall retain his seat as a member of the Legislative House; (e) The result of the recall as declared by the Returning Officer shall be final and only subject to be challenged in a court of competent jurisdiction and upon such challenge the decision of the recall remains binding unless set aside by the said court.

81. Bye-election to fill Vacated Seat. The Commission shall conduct a bye election to fill the seat vacated by the recalled member.

82. Officers to Conduct Referendum. (1) The provisions set out in part V of this Law shall have effect with respect to the appointment and supervision of officers for the conduct of the referendum and the other matters contained therein. (2) The commission shall for the purposes of conducting the referendum under this Law, 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 the member to be recalled or otherwise a signatory in the petition for the recall shall be so appointed. (3) The Officers appointed under subsection (2) of this section shall exercise such functions and duties as may be specified by the Commission in accordance with the provisions of this law and shall not be subject to the direction and control of any person or authority other than the Commission in the performance of their functions and duties.

83. Rules and Procedure for Recall. The rules of procedure to be adopted for the conduct of a referendum shall be the same as in sections 47 - 76 save and except that political parties shall be excluded from participating in the referendum.

84. Ballot Paper for Recall. The ballot papers to be used in the conduct of the referendum shall be specially printed with a Yes or No vote option.

85. Result Sheet for Recall. The result sheets to be used in the conduct of the referendum for the units and declaration shall be in form DSIEC/R 001 and DSIEC/R 002.

86. Offences during Referendum. Part IV of this Law shall apply to recall process instituted against a member of a Legislative House.

87. Persons Disqualified from acting as Election Officers. No person holding an elective office to which this Law relates or a registered member of a political party shall be eligible to or be appointed to carry out duties of a Returning Officer, an Electoral Officer, Presiding Officer or a Poll Clerk; and any officer appointed to carry out any of those duties shall be ineligible for nomination as a candidate for election while he continues to hold such appointment.

88. Oath of Neutrality by Election Officers. All staff, whether permanent or ad-hoc, appointed by the Commission taking part in the conduct of an election or referendum shall enter into a bond before the Commission of Loyalty and Neutrality indicating that they would not accept bribe or gratification from any person, and shall perform their functions and duties impartially and in the interest of the state without fear or favour.

89. Appointment of Officers for Conduct of Election or Referendum. The officers appointed under this Part of the Law shall exercise such functions and duties as may be specified by the Commission in accordance with the provisions of this Law, 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 duties.

90. Appointment of a Chief Electoral Officer. (1) (a) For each Local Government Area, there shall be a Chief Electoral Officer who shall be appointed by the Commission as provided in section 13 of this Law. (b) The Commission may, in any case it considers expedient, appoint more than one Chief Electoral Officer for a Local Government Area Council for which each Chief Electoral Officer is responsible and, in relation to that part of the Local Government Area, the Chief Electoral Officer shall have and exercise the functions of his office. (c) A person may be appointed Chief Electoral officer of more than one Local Government Area Council. (2) (a) The Commission may appoint a person to be an Assistant Chief Electoral Officer for the conduct of an election of a Local Government Area Council and a person so appointed shall in respect of that election have the functions imposed or conferred by this law on the Chief Electoral Officer as the Commission may determine. (b) The Commission shall for the purpose of an election appoint such returning Officers, Presiding Officers and such other Officers as are required to be appointed under this law in each Local Government Area Council. (c) A person appointed as an Assistant Returning Officer under the provisions of this paragraph shall have the functions imposed or conferred by this Law on a Returning Officer. (d) A person may be appointed as a Returning Officer of one or more Local Government Area Council. (e) For an election, the Chief Electoral Officer or the Assistant Chief Electoral Officer may be appointed to act as a Returning Officer.

91. Supervision of officers by Chief Electoral Officer. A Chief Electoral Officer shall exercise supervision over acts of officers appointed under section 89 of this Law in his Local Government Area Council and may, subject to this Law or any instruction issued by the Commission, give directions to such Officers with regard to the performance of their functions.

92. Appointment of officer to Exercise supervisory function over conduct of Election. The Commission may appoint, in respect of an area of the State, an Officer or Officers (by whatever name called) to exercise supervisory function under the direction of the Chief Electoral Officer over the conduct of an election or of elections generally, and that Officer shall have such powers and duties as shall be determined by the Commission.

93. Power to conduct elections by Chief Electoral Officer. (1) Subject to the provisions of this Law, the conduct of an election under this Law shall be vested in the Chief Electoral Officer under general supervision of the Commission. (2) The Chief Electoral Officer may - (a) require information from an Officer appointed under this Part of the Law with respect to a matter relating to the functions of that Officer under this Law. (b) subject to the provisions of this Law, issue instructions to those Officers with respect to the performance of their functions under this Law. (3) An Officer appointed under this Part shall comply with the requirements and instructions of the Chief Electoral Officer under this section.

94. Disqualification from membership of Local Government Council etc. A person who by reason of his holding or acting in an office has a responsibility for, or connection with the conduct of an election of a Local Government Council shall be disqualified from membership of that Local Government Area Council and from nomination as a candidate while he holds or acts in that office.

95. Exclusion from contest or voting. No official or staff of the Commission shall vote at an election under this Law.

96. Election Expenses by the Commission. (1) The Commission may prescribe: (a) a scale of remuneration for officers appointed under this Law for the conduct of elections; (b) a scale of maximum charges in respect of other expenses incurred by a Chief Electoral Officer, a Presiding Officer or a Returning Officer in connection with an election, and may revise the scale as it thinks fit or expedient. (2) A Chief Electoral Officer, Presiding Officer or Returning Officer shall, in addition to any remuneration prescribed under subsection (1) of this section be entitled to such sums in respect of expenses not exceeding the prescribed scale, in connection with the conduct of an election as are reasonable. (3) The Commission may pay such honoraria as it may determine to all other persons and officers who may be involved one way or the other in conducting an election under this Law, or in carrying out any task in connection with an election or election petition arising therefrom. (4) All fees and other remunerations approved under Subsection (1) of this section shall be paid from the fund established under section 10 of this Law and shall be paid in such a manner as the Commission deems fit.

97. Notice of Congress, etc. (1) A registered political party shall give the Commission at least 21-days notice of any congress or meeting convened for the purpose of nominating candidates for any elective offices specified under this Law. (2) The Commission may, with or without prior notice to the political party attend and observe any congress or meeting which is convened by a political party for the purpose of nominating candidates for an election at any level into a Local Government Area Council.

98. Nomination of Candidates by Parties. (1) A political party seeking to nominate candidates for elections under this Law shall hold primaries for aspirants to all elective positions. (2) The procedure for the nomination of candidates by political parties for the various elective positions shall he by direct or indirect primaries. (3) A political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the party. (4) A political party that adopts the system of indirect primaries for the choice of its candidates shall adopt the procedure outlined below - (a) in the case of a Chairmanship candidate of a Local Government Council, a political party shall, where they intend to sponsor candidates- (i) hold special congresses in the Local Government Councils, with delegates voting for each of the aspirants at designated centres on specified date; and (ii) the aspirant with the highest number of votes at the end of voting shall be declared the winner of the primaries of the party and the aspirant’s name shall be forwarded to the Commission as the candidate of the party. (b) In the case of a Councillorship candidate, the procedure for the nomination of the candidate shall be by direct primaries in the ward and the name of the candidate with the highest number of votes shall be submitted to the Commission as the candidate of the party. (5) Where there is only one aspirant in a political elective position mentioned in subsection (4) of this section, the party shall convene a special congress at a designated centre on a specified date for the confirmation of such aspirant and the name of the aspirant shall be forwarded to the Commission as the candidate of the party. (6) A political party that adopts the system of indirect primaries for the choice of its candidate shall clearly outline in its Constitution and Rules, the procedure for the democratic election of delegates to vote at the congress or meeting in addition to delegates already prescribed in the Constitution of the party. (7) A political appointee at any level shall not be automatic voting delegates at the Congress of any political party for the purpose of nomination of candidates for any election. Except where such a political appointee is also an officer of a political party. (8) Notwithstanding the provisions of this Law or Rules of a political party, an aspirant who complains that any of the provisions of this Law and the guidelines of a political party has not been complied with in the selection or nomination of a candidate of a political party for election may apply to the High Court of the State for redress. (9) Nothing in this Section shall empower the Courts to stop the holding of primaries or general election or process thereof under this Law pending the determination of the suit.

99. Conduct at Political Rallies. (1) For the purpose of the proper and peaceful conduct of political rallies and processions, the Divisional. Police Officer in each Local Government Area of the State shall provide adequate security for processions at political rallies at the request of the political party in the Local Government Council Areas. (2) A person who, while present at a political rally procession of voting centre, has with him any offensive weapon or missile otherwise than in pursuance of a lawful duty, commits an offence and is liable on conviction to a maximum fine of N1,000,000.00 or imprisonment for a term of 2 years or both. (3) For the purpose of subsection (2) of this section, a person shall be deemed to be acting in pursuance of a lawful duty if he is acting in his capacity as a police officer or as a member of a security agency authorized to carry arms and is specifically posted to be present at that political rally or procession.

100. Prohibition of Certain Conduct, etc., at Political Campaign. (1) A political campaign or slogan shall not be tainted with abusive language directly or indirectly likely to injure religious, ethnic, tribal or sectional feelings. (2) Abusive, intemperate, slanderous or base language or insinuations or designed or likely to provoke violent reaction or emotions shall not be employed or used in political campaigns. (3) Places designated for religious worship, police station and public offices shall not be used - (a) for political campaigns, rallies and processions, or (b) to promote, propagate or, attack political parties, candidates, their programs or ideologies. (4) Masquerades shall not be employed or used by any political party, candidate or on during political campaigns, or for any other political purpose. (5) A political party or member of a political party shall not retain, organize, train or equip any person or group of persons for the purpose of enabling them to be employed for the use or display of physical force or coercion in promoting any political objective or interest, or in such manner as to arouse reasonable apprehension that they are organized trained or equipped for that purpose. (6) A political party, person or candidate shall not keep or use private security organization, vanguard or any other group or individual by whatever name called for the purpose of providing security, assisting or aiding the political party or candidate in whatever manner during campaigns, rallies, processions or elections. (7) A political party or person who contravenes any of the provisions of this section commits an offence and is liable on conviction. (a) in the case of an individual, to a maximum fine of N500,000.00 (five hundred thousand Naira) or imprisonment for the term of 12 months; and (b) in the case of a political party, to a fine of N1,000,000.00 (one million Naira) in the first instance, and N500,000.00(five hundred thousand Naira) for any subsequent offence. (8) A person or group of persons who aids or abets a political party in contravening the provisions of subsection (5) of this section commits an offence and is liable on conviction to a fine of N500,000.00 (five hundred thousand Naira) or imprisonment for a term of 3years or both.

101. Prohibition of use of Force or Violence during Political Campaigns. (1) A candidate, person or group of persons shall not directly or indirectly threaten any person with the use of force or violence during any political campaign in order to compel that person or any other person to support or refrain from supporting a political party or candidate. (2) A person or political party that contravenes the provisions of this section commits an offence and is liable on conviction - (a) in the case of an individual, a maximum fine of N500,000.00 (five hundred thousand Naira) or imprisonment for a term of 12 months; and (b) in the case of a political party, to a fine of N1,000,000.00 (one million naira) in the first instance, and N500,000.00 (five hundred thousand naira) for any subsequent offence.

102. Effect on Elected Officer where Political Party ceases to exist. Where a political party ceases to exist in accordance with the Constitution and this Law, a person elected on the platform of the political party in an election under this Law shall remain validly elected, complete his tenure and for purposes of identification, be regarded as a member of the political party under which he was elected.

103. Limitation on Political Broadcast and Campaign by Political Parties. (1) For the purpose of this Law, the period of campaigning in public by every political party shall commence 90 days before polling day and end 24 hours prior to that day. (2) A registered political party which through any person acting on his behalf during the 24 hours before polling day - (a) advertises on the facilities of any broadcasting undertaking; or (b) procures for publication or acquiesces in the publication of an advertisement in a newspaper, for the purpose of promoting or opposing a particular candidate, commits an offence under this Law and upon conviction is liable to a maximum fine of N500,000.00 (Five Hundred Thousand Naira).

104. Campaign for Election. (1) A candidate and his party shall campaign for elections in accordance with such rules and regulations as may be determined by the Commission. (2) State apparatus including the media shall not be employed to the advantage or disadvantage of any political party or candidate at any election. (3) Media time shall be allotted equally among the political parties or candidates at similar hours of the day. (4) At any public electronic medium, equal airtime shall be allotted to all political parties or candidates during prime times at similar hours each day, subject to the payment of appropriate fees. (5) At any public print media, equal coverage and conspicuity shall be allotted to all political parties. (6) A public medium that contravenes subsections (3) and (4) of this section commits an offence and is liable on conviction to a maximum fine of N500,000.00 (Five Hundred Thousand Naira) in the first instance and to a maximum fine of N1,000,000.00 (One million Naira) for subsequent conviction.

105. Prohibition of Broadcast, etc. 24-hours preceding or on polling day. (1) A person, print or electronic medium that broadcasts, publishes, advertises or circulates any material for the purpose of promoting or opposing a particular political party or the election of a particular candidate over the radio, television, newspaper, magazine, handbill, or any print or electronic medium whatsoever called during 24-hours immediately preceding or on polling day commits an offence under this Law. (2) Where an offence under subsection (1) of this section is committed by a body corporate, every principal officer of that body is equally guilty of an offence under this Law. (3) Where any person is convicted of an offence under this section, he shall be liable - (a) in the case of a body corporate to a maximum fine of N1,000,000.00 (One Million Naira); and (b) in the case of an individual to a maximum fine of N500,000.00 (Five Hundred Thousand Naira) or to imprisonment for a term of 12 months.

106. Campaign based on Religion, Tribe, etc. A candidate, person or association who engages in campaigning or broadcasting based on religious, tribal or sectional reason for the purpose of promoting or opposing a particular political party or the election of a particular candidate, commits an offence under this Law and is liable on conviction to a maximum fine of N1,000,000.00 (One Million Naira) or imprisonment for a term of 12 (twelve) months or both.

107. Breach of Official Duty by Electoral Officers. (1) A person: (a) to whom this section applies; or (b) who is for the time being under a duty to discharge any of the functions of that person, without reasonable cause, fails, neglect or default in performing the duties of that person is guilty, of an offence and liable on summary conviction to a fine not exceeding N100,000.00 or imprisonment for 3 years or to both such fine and imprisonment. (2) The persons to whom this section applies are: (a) a Chief Electoral Officer; (b) Assistant Chief Electoral Officer; (c) a presiding Officer; (d) a Returning Officer; (e) an Assistant Returning Officer; (f) a Poll Clerk; (g) Supervising Presiding Officer; (h) an Orderly; (i) any other Officer appointed under Part V of this law; and Candidates and their privies.

108. Breach of Official duty by security personnel and other persons before, during and after election. (1) A person to whom this section applies, who is for the time being under a duty to discharge a function relating to an election shall, if he without reasonable cause, before or during an election or at any other time thereafter - (a) fails to perform or discharge that duty; or (b) Performs that duty fraudulently, negligently or recklessly is guilty of any act or omission in breach of that duty shall be guilty of an offence and is liable on conviction to a fine of N100,000.00 (One Hundred Thousand Naira) or imprisonment for a term of 3 years or both such fine and imprisonment. (2) The persons to whom this section applies are: (a) Police officers; (b) Members of the State Security Service; (c) Members and staff of the Commission; (d) Polling agents of political parties; (e) Any other officer or officers by whatsoever name called appointed to discharge a function relating to the election.

109. Secrecy of Voting. (1) Every Chief Electoral Officer; Assistant Chief Electoral Officer, Returning Officer, Assistant Returning Officer; Supervising Presiding Officer; Presiding Officer; Poll Clerk; Poll Orderly or any officer appointed under Part V of this Law concerned with the conduct of any election and every polling agent or candidate in attendance at a polling station or unit, at the counting of votes, shall maintain and aid in maintaining the secrecy of the voting. (2) No officer, agent or candidate referred to in subsection (1) of this section shall except for some purpose authorized by law, communicate to a person before the polls are closed, information as to the name or number on the register of voters of a voter who has voted at the place of voting. (3) No person shall - (a) interfere with a voter when recording his vote unless invited by the voter for assistance; or (b) otherwise obtain or attempt to obtain, in place of voting information as to the candidate for whom a voter in that place is about to vote or has voted unless while assisting the voter to record his vote or; (c) Communicate to a person information obtained while assisting a voter as to the candidate for whom the voter has voted or is about to vote; or (d) Communicate at any time to any person any information obtained in a place of voting through whatever means as to the candidate for whom a voter in that place is about to vote or has voted. (e) A person who contravenes any of the provisions of this section is guilty of an offence and liable on conviction to a fine of N50,000.00 (Fifty Thousand Naira) or imprisonment for 1 (One) year or to both fine and imprisonment.

110. Corrupt Practice. (1) A candidate is guilty of corrupt practice if he commits any of the offences defined as a corrupt practice under subsection 3 of this section or if any of those offences is committed with: (a) his knowledge or consent; or (b) the knowledge or consent of a person who is acting under the general or special authority of the candidate with reference to the election. (2) If a corrupt practice as defined in subsection (3) of this section is committed by any - candidate at an election held under this law, the election of that candidate shall be invalid. (3) The expression “corrupt practice” as used in this law means any of the following offences, that is - (a) impersonation; or (b) treating; or (c) undue influence; or (d) bribery; or (e) Aiding, abetting, Counseling or procuring the commission of any offences specified in this subsection.

111. Impersonation. (1) A person who at an election - (a) applies for a ballot paper in the name of some other person, whether that name is the name of a person living or dead, or of a fictitious person; or (b) having voted once at an election, votes a second time in his own name, or in the name of any other person living or dead or of a fictitious person, is guilty of the offence of impersonation. (2) A person who is guilty of impersonation or aiding, abetting, counseling or procuring the commission of the offence of impersonation, is liable on conviction to a fine not exceeding N50, 000.00 (Fifty Thousand Naira) or imprisonment for 1 year or to both fine and imprisonment. (3) A person charged with the offence of impersonation shall not be convicted except on the evidence of not less than credible witnesses.

112. Undue Influence. A person who - (a) inflicts or threatens to inflict by himself or by any other person(s) injury, damage, harm or loss, on or against a person in order to induce or compel a person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or (b) by abduction, inducement, or a fraudulent device or contrivance impedes or prevents the free use of the vote by a voter or thereby compels, induces, or prevails on a voter to give or refrain from giving his vote; at an election is guilty of undue influence.

113. Bribery and Inducement on Election Day. (1) A person who - (a) directly or indirectly by himself or by any other person or on his behalf - (i) gives or lends or agrees to give or lend, or offers. or promises to procure or to endeavor to procure, any money “or valuable consideration to or for any voter, or to or for any person, in order to induce the voter to vote or refrain from voting, or (ii) corruptly does an act referred to in subsection 1 (i) of this section on account of that voter having voted or refrained from voting, or (b) directly or indirectly by himself or by any other person or on his behalf (i) gives or procures, or promises to procure or to endeavor to procure, any office, place, employment to or for a voter or to or for any person, in order to induce the voter to vote or to refrain from voting, or (ii) does any act referred to in sub paragraph (i)} of this paragraph on account of a voter having voted or refrained from voting, or (c) directly or indirectly by himself or by any persons or on his behalf makes any gift, loan, offer, promise, procurement or agreement to or for any person or community in order to induce a person or community to procure or endeavor to procure the return of a person as a member of a Local Government Area Council or the vote of a voter, or (d) in consequence of any gift, loan, offer, promise, procurement or agreement, procures or engages or promises or endeavors to procure, the return of any person as a member of a Local Government Area Council or the vote of a voter or (e) advances or pays, or cause to be advanced or paid any money to or for the use of a person with the intent that the money or any part thereof, shall be expended in bribery; or (f) Knowingly pays or causes to be paid, any money to a person, in the discharge or repayment of any money wholly or in part expended in bribery; (g) after an election, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrained from voting at an election, is guilty of bribery. (2) A voter who before or during an election, directly other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place, or employment, for himself or for any other person, for voting or agreeing to vote or for refraining from voting at an election is guilty of bribery. (3) The provisions of this section shall not extend or be constructed to extend to any money paid or agreed to be paid for on account of any legal expenses bona fide incurred at or concerning an election.

114. Penalties. (1) A person who is guilty of corrupt influence or bribery or of aiding, abetting, counseling or procuring the commission of any of these offences or any offence under this law is liable on conviction to a fine not exceeding N50, 000.00 (Fifty Thousand Naira) or imprisonment for a term of one year or to both. (2) A person who is guilty of impersonation, corrupt practices, treating, undue influence or bribery or aiding, abetting, counseling or procuring the commission of any of these offences shall in addition to any of the punishment, not eligible, during a period of five years from the date of his conviction. (a) vote at any Local Government election in the state; or (b) be elected as a member of a Local Government Council or if elected before his conviction, to retain his seat.

115. Offences in respect of ballot papers. (1) A person who - (a) forges or fraudulently defaces or willfully destroys a nomination paper, delivers to the officer charged with the control of an election, a nomination paper, knowing the same to be forged; or (b) forges or counterfeits or willfully destroys a ballot paper or the official mark on a ballot paper or a statement of result; or (c) without due authority, supplies a ballot paper to a person; or (d) fraudulently puts into a ballot box a paper which he is not authorized by law to put in; or (e) fraudulently takes out of the polling station or unit a ballot paper, or (f) without due authority, destroys, takes or otherwise interferes with 3 ballot box or ballot papers then in use for the purposes of an election, is guilty of an offence. (2) A person who is found guilty of an offence under this section is liable on conviction to a fine of N50,000.00 (Fifty Thousand Naira) or to imprisonment for a term not exceeding two years, or to both. (3) An attempt to commit an offence specified in this section shall be punished in the same manner in which the offence itself is punishable. (4) In a prosecution for an offence in relation to nomination paper, ballot box, ballot paper or the marking instruments as an instrument shall be stated to be that of the officer charged with the conduct of the election.

116. Offences in Respect of Voting. A person who - (a) votes or induces or procures any person to vote at an election knowing that he or that person is prohibited by this law or by any other law from voting at the election; or (b) before or during the election, knowingly or recklessly publishes a false statement of the withdrawal of a candidate, at an election for the purpose of promoting or procuring the election of another candidate is guilty of an offence and liable on conviction to a fine of N50,000.00 (Fifty Thousand Naira) or imprisonment for a term of one year or to both.

117. Voting by Unregistered Persons. A person who willfully votes at a Local Government Election in a ward or constituency in respect of which his name does not appear on the register of voters is guilty of an offence and liable on conviction to a fine of N50,000.00 (Fifty Thousand Naira) or imprisonment for a term of one year or to both.

118. Fraudulent use of Ballot Paper. (1) A person who, having been issued with a ballot paper in a polling station or unit, takes or attempts to take that ballot paper out of the polling station or unit is guilty of an offence and liable on conviction to a fine of N25, 000.00 (Twenty-Five Thousand Naira) or imprisonment for a term of six months or to both. (2) If the Presiding Officer in a polling station or unit has reasons to suspect that a person who has been issued with a ballot paper and is about to leave the polling station or unit has the ballot paper in his possession, the presiding officer or a person acting under his direction may search that person. (3) A person who, at an election, brings into the polling station or unit a ballot paper relating to the election issued to another person is guilty of an offence and liable on conviction to a fine of N50,000.00 (Fifty Thousand Naira) or imprisonment for a term of one year or to both. (4) For the purpose of sections 112 and 113 of this law, the expression ‘‘refrain from voting” include taking a ballot paper out of a polling station or unit contrary to subsection (1) of this section.

119. Offences in Respect of Statement of Result. A person who, being a Presiding Officer or Returning Officer at an election - (a) gives a certificate of return or statement of result which, to his knowledge, is of false in a material particular; or (b) perversely and without lawful excuse, refuses to render a statement of result relating to that election to the officer to whom it is required to be delivered; or (c) does anything that impedes or obstructs the proper counting or obtaining of the correct result of the election, is guilty of an offence and shall be liable on conviction to a fine of N200,000.00 (Two Hundred Thousand Naira) or imprisonment for a term not exceeding 3 years or to both.

120. Disqualification on Conviction. A candidate who is convicted of an offence under this law shall, in addition to any other punishment, not be eligible, during the period of three years after the date of his conviction to be elected as a member of a local Government Council or if elected before his conviction, to retain his seat.

121. Disorderly Conduct at Election. A person who, at any polling station or unit or place being used for the counting of votes, acts or incites others in a disorderly manner, is guilty of an offence and liable on conviction to a fine not exceeding N50,000.00 (Fifty Thousand Naira) or imprisonment for a term not exceeding one year or to both.

122. Polling Day Violence. (1) No person shall, on the date on which a poll is taken in an election in respect of a Local Government Area Council - (a) convene, hold or attend a public meeting in that Local Government Area; or (b) Operate any megaphone, amplifier, projector, screen, slide show or any other public address apparatus in that Local Government Area for the purpose of making announcement, broadcasting concerning the election, except where the apparatus is operated by an officer appointed under this law for the purpose of making official announcement relating to the election. (2) No person shall on the date on which a poll is to be taken at a polling station or unit - (a) canvass for votes; or (b) solicit the votes of a voter; or (c) persuade a voter not to vote for a particular candidate; or (d) persuade a voter not to vote at the election; or (e) shout, exhibit or tender a notice, sign, symbol, slogan, badge, photograph, drive to such polling station or unit, a political party/candidate(s) branded vehicles or card referring to the election or; (f) shout slogans concerning the election, within the polling station or unit or in a public or private place within two hundred meters of the polling station or unit. (3) No candidate or any other person, with the connivance of a candidate, shall, whether on payment or otherwise, use, hire or procure any vessel or vehicle for the conveyance of a voter, other than the candidate himself or his agent, to or from a polling station or unit. (4) No person shall bring alcoholic liquor into or consume alcoholic liquor in a polling station or unit or in a place used for the counting of votes. (5) A person who contravenes the provision of subsection (1), (2), (3) or (4) of this section shall be guilty of an offence and liable on conviction to a fine of N50, 000.00 or imprisonment for a term of one year or to both.

123. Offence in Respect of Counting of Voters. A candidate or an agent who records the serial number of a rejected ballot paper or of a ballot paper in contravention of the provisions of section 68 (2) of this Law, is guilty of an offence and liable on conviction to a fine not exceeding N50,000.00(Fifty Thousand Naira) or imprisonment for 4 term not exceeding one year or to both.

124. Disturbance at Public Meeting. A person who at a lawful public meeting or gathering to which this law applies - (a) acts or incites another person to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called; or (b) has in his possession an offensive weapon or missile, is guilty of an offence and liable on conviction to a fine of N100,000.00 or imprisonment for a term of three years or to both.

125. Conviction on Disqualifying Offences to be Reported to Commission. Where a person is convicted of an offence under this part of this law which; disqualified him from being elected as a member of the Local Government Council, the Court by which he was convicted shall send to the Commission the judgment of the Court and where the person convicted has appealed, the Court which heard the appeal shall within 3 months send the judgment of the appeal to the Commission.

126. Punishment for Attempts to Commit Offence. An attempt or a conspiracy to commit an offence specified in the law shall be punishable in the same manner as the offence.

127. Trial of Offences. (1) An offence committed under this part of this law shall be tried in the High Court or Magistrate Court of the State. (2) A prosecution under this Part of the law shall be undertaken by the Attorney-General of the State.

128. Proceeding to Question an Election. No election and return at an election under this Law shall be questioned in any manner other than by a petition complaining of an undue election or undue return (in this Law referred to as an “election petition”) presented to the competent tribunal in accordance with the provisions of this law, and in which the person elected or returned is joined as a party.

129. Establishment of Electoral Tribunals. There shall be established in the State at least 6 (six) and at most 9 (nine) Election Petition Tribunals to be set up by the Chief Judge of the State, not later than 14 (fourteen) days before the date of Local Government Elections known as Local Government Tribunals in this Law referred to individually as an “Election Petition Tribunal”.

130. Limitation for filing and trial of election petitions. (1) An election petition shall be filed within 21 days after the date of the declaration of results of the elections. (2) An election petition tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition. (3) An appeal from a decision of an election petition tribunal shall be heard and disposed of within 90 days from the date of the delivery of judgment of the tribunal. (4) The Election Petition Appeals Tribunal in all appeals from election petition tribunals may adopt the practice of first giving its decision and reserving the reasons thereto for the decision to a later date.

131. Jurisdiction and Composition of Tribunals. (1) An Election Petition Tribunal shall, to the exclusion of any other court or tribunal, have original jurisdiction. to hear and determine any question as to whether - (a) any person has been validly elected to the office of Chairman, Vice-Chairman or Councillor; (b) the term of office of any person elected to the office of Chairman, Vice Chairman or Councillor has ceased; (c) the seat of a member of A Local Government Council has become vacant; and (d) a question or petition brought before the Local Government Council Election Petition Tribunal has been properly or improperly brought. (2) A Local Government Council Election Petition Tribunal shall consist of a Chairman and two other members. (3) The Chairman shall be a Chief Magistrate and two other members shall be appointed from among Magistrates of the Judiciary of Delta State and legal practitioner of at least 10 years post-call experience, non-legal practitioners of unquestionable integrity or other members of the Judiciary of Delta State not below the rank of a Magistrate.

132. Jurisdiction and Composition of Appeal Tribunal. (1) There shall be established for the State the Local Government Council Election Petition Appeal Tribunal which shall to exclusion of any other court or tribunal hear and determine appeals arising from the decision of the Local Government Council Election Petition Tribunal. (2) The decision of the Local Government Council Election Petition Appeal Tribunal in respect of Local Government Area Council elections shall be final. (3) A Local Government Council Election Petition Appeal Tribunal shall consist of a Chairman and two other members and the Chairman shall be a judge of the High Court and the two other members shall be appointed from among judges of the High Court of the State and Judges of the Customary Court of Appeal. (4) The quorum of a Local Government Council Election Petition Tribunal shall be the Chairman and one other member.

133. Presentation of Election Petition. (1) An election petition may be presented by one or more of the following persons - (a) a candidate in an election; (b) a political party which participated in the election. (2) A person whose election is complained of in this Law is referred to as the respondent. (3) If the petitioner complains of the conduct of a Chief Electoral Officer, a Presiding or Returning Officer, it shall not be necessary to join such officers or persons notwithstanding the nature of the complaint and the Commission shall, in this instance, be - (a) made a respondent; and (b) deemed to be defending the petition for itself and on behalf of its officers or such other persons.

134. Grounds of Petition. (1) An election may be questioned on any of the following grounds, that is to say - (a) that a person whose election is questioned was, at the time of election, not qualified to contest the election; (b) that the election was invalid by reason of corrupt practices or non-compliance with the provision of this Law; (c) that the respondent was not duly elected by majority of lawful votes cast at the election; or (d) that the petitioner or its candidate was validly nominated but was unlawfully excluded from the election. (2) An act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of the election but which is not contrary to the provisions of this Law shall not by itself be a ground for questioning the election.

135. Certain Defects not to invalidate Election. (1) An election shall not be liable to be invalidated by reason of non-compliance with the provisions of this Law if it appears to the Election Petition Tribunal that the election was conducted substantially in accordance with the principles of this Law and that the non- compliance did not affect substantially the result of the election. (2) An election shall not be liable to be questioned by reason of a defect in the title, or want of title of the person conducting the election or acting in the office provided such a person has the right or authority of the Commission to conduct the election.

136. Notification of Election by Tribunal or Appeal Tribunal. (1) Subject to subsection (2) of this section, if the Tribunal determines that a candidate who was returned as elected was not validly elected on any ground, the Tribunal shall nullify the election. (2) Where an election petition tribunal nullifies an election on the ground that the person who obtained the highest votes at the election was not qualified to contest the election, the election tribunal or court shall not declare the person with the second highest votes as elected, but shall order a fresh election. (3) If the Tribunal or the Court determines that a candidate who was returned as elected was not validly elected on the ground that he did not score the majority of valid votes cast at the election, the Election Petition Tribunal, shall declare as elected the candidate who scored the highest number of valid votes cast at the election and satisfied the requirements of the Constitution and this Law.

137. Non declaration of a winner by Tribunal. An election petition tribunal shall not under any circumstances declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.

138. Accelerated Hearing of Election Petitions. Without prejudice to the provisions of section 294(1) of the Constitution of the Federal Republic of Nigeria, an election petition and an appeal arising therefrom under this Law shall be given accelerated hearing and shall have precedence over all other cases or matters before the Tribunal or Court.

139. Persons Elected to Remain in Office pending Determination of Appeal. (1) If the Election Petition Tribunal as the case may be, determines that a candidate returned as elected was not validly elected, then if notice of appeal against that decision is given within 21 days from the date of the decision, the candidate returned as elected shall, notwithstanding the contrary decision of the Election Petition Tribunal, remain in office pending the determination of the appeal. (2) If the Election Petition Tribunal determines that a candidate returned as elected was not validly elected, the candidate returned as elected shall, notwithstanding the contrary decision of the Election Petition Tribunal remain in office pending the expiration of the period of 21 days within which an appeal may be brought.

140. Legal Representation of Commission, etc. (1) Where the Commission, a Chief Electoral Officer, Returning Officer or any other Official of the Commission has been joined as a respondent in an election petition, a Legal Officer of the Commission or a Legal Practitioner engaged by the Commission shall represent the Commission, Electoral Officer, Presiding Officer, Returning Officer or other official of the Commission at the Tribunal. (2) A private Legal Practitioner or Legal Officer engaged by the Commission pursuant to subsection (1) of this Section shall be entitled to be paid such professional fee or honorarium, as the case may be, to be determined by the Commission.

141. Rules of Procedure for Election Petition. (1) The rules of procedure to be adopted for election petitions and appeals arising therefrom shall be as set out in Part VIII of this law. (2) The Chief Judge of the State may issue practice directions to Election Petition Tribunals.

142. Security for Costs. (1) At the time Of presenting an election petition, the petitioner shall give security for all costs which may become payable by him to a witness summoned on his behalf or to a respondent. (2) The security shall be of such amount not less than N200, 000.00 (Two Hundred Thousand Naira) as the Tribunal may order and shall be given by depositing the amount with the Tribunal. (3) Where two or three persons join in an election petition, a deposit as may be ordered under subsection (2) of this section shall be sufficient. (4) If no security is given as required by this section, the petition is deemed abandoned.

143. Presentation of election Petition. (1) The presentation of an election petition under this Law shall be made by the petitioner (or petitioners if more than one) in person, or by his Solicitor, if any, named at the foot of the election petition to the Secretary in Form DSET 001, and the Secretary shall give a receipt as in Form DSET 002. (2) The Petitioner shall, at the time of presenting the election petition, deliver to the Secretary a copy of the election petition for each respondent and ten other copies to be preserved by the Secretary. (3) The Secretary shall compare the copies of the election petition received in accordance with subsection (2) of this section with the original petition and shall certify them as true copies of the election petition on being satisfied by the comparison that they are true copies of the election petition. (4) The petitioner or his Solicitor, as the case may be, shall, at the time of presenting the election petition, pay the fees for the service and the publication of the petition, and for certifying the copies and, in default of the payment, the election petition shall be deemed not to have been received; unless the Tribunal or Court otherwise orders.

144. Contents of Election Petition. (1) An election petition under this Law shall- (a) Specify the parties interested in the election petition; (b) Specify the right of the petitioner to present the election petition; (c) State the holding of the election, the scores of the candidates and the person returned as the winner of the election; and (d) State clearly the facts of the election petition and the ground or grounds on which the petition is based and the relief sought by the petitioner. (2) The election petition shall be divided into paragraphs each of which shall be confined to a distinct issue or major facts of the election petition, and every paragraph shall be numbered consecutively. (3) The election petition shall further (a) Conclude with a prayer or prayers, as for instance, that the petitioner or one of the petitioners be declared validly elected or returned, having polled the highest number of lawful votes cast at the election or that the election may be declared nullified, as the case may be; and (b) be signed by the petitioner or all petitioners or by the Solicitor, if any, named at the foot of the election petition. (4) At the foot of the election petition, there shall also be stated an address of the petitioner for service at which address, documents intended for the respondent may be left for the respondent through its occupier. (5) The election petition shall be accompanied by: (a) a list of the witnesses that the petitioner intends to call in proof of the petition; (b) Written statements on oath of the witnesses; and (c) Copies or list of every document to be relied on at the hearing of the petition. (6) A petition which fails to comply with subsection (5) of this section shall not be accepted for filing by the secretary. (7) An election petition, which does not comply with subsection (1) or any provision of that subsection is defective, and may be struck out by the Tribunal.

145. Further particulars. Evidence need not to be stated in the election petition, but the Tribunal may order such further particulars as may be necessary - (a) to prevent surprise and unnecessary expense; (b) to ensure fair and proper hearing in the same way as in a civil action in the High Court; and (c) on such terms as to costs or otherwise as may be ordered by the Tribunal.

146. Address for Service. For the purpose of service of an election petition on the respondents, the petitioner shall furnish the Secretary with the address of the respondents' abode or the addresses or places where personal service can be effected on the respondents.

147. Action by Secretary. (1) On the presentation of an election petition and payment of the requisite fees, the Secretary shall forthwith - (a) cause notice of the presentation of the election petition as in form DSET 003 to be served on each of the respondents; (b) post on the tribunal notice board a certified copy of the election petition; and (c) set aside a certified copy for onward transmission to the person or persons required by law to adjudicate and determine the election petition. (2) In the notice of presentation of the election petition, the Secretary shall state a time, not being less than five days but not more than seven days after the date of service of the notice, within which each of the respondents shall enter an appearance in respect of the election petition. (3) In fixing the time within which the respondents are to enter appearance, the Secretary shall have regard to- (a) the necessity for securing a speedy hearing of the election petition; and (b) the distance from the Registry or the place of hearing to the address furnished under section 146 of this Law.

148. Personal Service on Respondent. (1) Subject to subsection (2) and (3) of this section, service on the respondents- (a) of the documents mentioned in subsection, (1) (a) of section 147; and (b) of any other documents required to be served on them before entering appearance, shall be personal. (2) Where the petitioner has furnished, under section 146 of this Law, the addresses of the places where personal service can be effected on the respondents and the respondents or any of them cannot be found at the place or places, the tribunal on being satisfied, on an application supported by an affidavit showing that all reasonable efforts have been made to effect personal service, may order that service of any document mentioned in subsection (1) of this section be effected in any of the ways mentioned in the relevant provisions of the Delta State High Court Civil Procedure Rules for effecting substituted service in civil cases and that service shall be deemed to be equivalent to personal service. (3) The proceedings under the election petition shall not be vitiated notwithstanding the fact that- (a) the respondents or any of them may not have been served personally; or (b) a document of which substituted service has been effected pursuant, to an order made under subsection (2) of this section did not reach the respondent, and in either case, the proceedings may be heard and continued or determined as if the respondents or any of them had been served personally with the document and shall be valid and effective for all purposes.

149. Entry of Appearance. (1) Where the respondent intends to oppose the election petition, he shall- (a) within such time after being served or deemed to have been served with the election petition; or (b) where the Secretary has stated a time under subsection (2) of section 147 of this Law, within such time as is stated by the Secretary, enter an appearance by filing in the registry a memorandum of appearance stating that he intends to oppose the election petition and giving the name and address of the solicitor, if any, representing him or stating that he acts for himself, as the case may be; and, in either case, giving an address for service at which documents intended for him may be left or served. (2) If an address for service and its occupiers are not stated, the memorandum of appearance shall be deemed not to have been filed, unless the tribunal or court otherwise orders. (3) The memorandum of appearance shall be by the respondent or his solicitor, if any. (4) A t the time of filing the memorandum of appearance, the respondent or his solicitor, as the case may be, shall- (a) leave a copy of the memorandum of appearance for each of the other parties to the election petition and three other copies of the memorandum to be preserved by the Secretary; and (b) pay the fees for service as may be prescribed or directed by the Secretary and in default of the copies being left and the fees being paid at the time of filing the memorandum of appearance, the memorandum of appearance shall be deemed not to have been filed; unless the tribunal or court otherwise orders. (5) A respondent who has a preliminary objection against the hearing of the election petition on grounds of law may file a conditional memorandum of appearance.

150. Non-filing of Memorandum of Appearance. (1) If the respondent does not file a memorandum of appearance as required under section 149 of this Law, a document for service on 'him may be posted on the Tribunal notice board and that shall be sufficient notice of service of the document on the respondent. (2) The non-filing of a memorandum of appearance shall, not bar the respondent from defending the election petition if the respondent files his reply to the election petition in the Registry within a reasonable time, but, in any case; not later than twenty-one (21) days from the receipt of the election petition.

151. Notice of Appearance. The Secretary shall cause copies of the memorandum of appearance to be served on, or its notice to be given to the other parties to the election petition.

152. Filing of Reply. (1) The respondent shall, within 14 days of service of the petition on him file in the Registry his reply, specifying in it which of the facts alleged in the election petition he admits and which he denies, and setting out the facts on which he relies in opposition to the election petition. (2) Where the respondent in an election petition, complaining of an undue return and claiming the seat or office for a petitioner, intends to prove that the claim is incorrect or false, the respondent in his reply shall set out the facts and figures clearly and distinctly disproving the claim of the petitioner. (3) The reply may be signed by the respondent or the solicitor representing him, if any and shall state the name and address of the solicitor at which subsequent processes shall be served; and shall be accompanied by copies of documentary evidence, list of witnesses and the Mitten statements on oath. (4) At the time of filing the reply, the respondent or his Solicitor, if any, shall leave with the secretary copies of the reply for service on the other parties to the election petition with ten (10) extra copies of the reply to be preserved by the Secretary, and pay the fees for service as may be prescribed or directed by the Secretary, and in default of leaving the required copies of the reply or paying the fees for service, the reply shall be deemed not to have been filed, unless the Tribunal otherwise orders.

153. Service of Reply. The Secretary shall cause a copy of the reply to be served on each of the other parries to the election petition.

154. Amendment of Election Petition and Reply. (1) Subject to subsection (2) of this section, the provisions of the Civil Procedure Rules in relation to amendment of pleadings shall apply in relation to an election petition or a reply to the election petition as if for the words "any proceedings" in those provisions there, were substituted the words "the election petition or reply". (2) After the expiration of the time limited by- (a) Section 130(1) of this Law for presenting the election petition, no amendment shall be made- (i) introducing any of the requirements of subsection (1) of section144 not contained in the original election petition filed, or (ii) effecting a substantial alteration of the ground for, or the prayer in, the election petition, or (iii) except anything which may be done under the provisions of subsection (2)(a) (ii) of this section, effecting a substantial alteration of or addition to, the statement of facts relied on to support the ground for, or the prayer in the election petition; and (b) section 152 for filing the reply, no amendment shall be made- (i) alleging that the claim of the seat or office by the petitioner is incorrect or false; or (ii) except anything which may be done under the provisions of subsection (2)(a)(ii) of this section, effecting any substantial alteration in or addition to the admissions or the denials contained in the original reply filed, or to the facts set out in the reply.

155. Particulars of votes rejected. When a petitioner claims the seat, alleging that he had the highest number of valid votes cast at the election, the party defending the election or return at the election shall set out clearly in his reply particulars of the votes, if any, which he objects to and the reasons for his objection against such votes, showing how he intends to prove at the hearing that the petitioner is not entitled to succeed.

156. Petitioner's reply. (1) If a person in his reply to the election petition raises new issues of facts in defence of his case which the petition has not dealt with, the petitioner shall be entitled to file in the Registry, within five (5) days from the receipt of the respondent's reply, a petitioner's reply in answer to the new issues of fact, so however that- (a) the petitioner shall not at this stage be entitled to bring in new facts, grounds or prayers tending to amend or add to the contents of the petition filed by him; and (b) the petitioner's reply does not run counter to the provisions of subsection(1) of section 154. (2) The time limited by subsection (1) of this section shall not be extended. (3) The petitioner in proving his case shall have 14 days to do so and the respondent shall have 14 days to reply.

157. Further particulars or directive. (1) If a party in an election petition wishes to have further particulars or other directions of the Tribunal or Court, he may, at any time after entry of appearance, but not later than 10 (ten) days after the filing of the reply, apply to the Tribunal or Court specifying in his notice of motion the direction for which he prays and the motion shall, unless the Tribunal or Court otherwise orders, be set down for hearing on the first available day. (2) If a party does not apply as provided in subsection (1) of this section, he shall be taken to require no further particulars or other directions and the party shall be barred from so applying after the period laid down in subsection(1) of this section has lapsed. (3) Supply of further particulars under this paragraph shall not entitle the party to go beyond the ambit of supplying such further particulars as have been demanded by the other party, and embark on undue amendment of, or additions to, his petition or reply, contrary to section 154 of this Law.

158. Pre-hearing Session and Scheduling. (1) Within 7 days after the filing and service of the petitioner's reply on the respondent or 7 days after the filing and service of the respondent's reply, whichever is the case, the petitioner shall apply for the issuance of pre-hearing notice as in Form DSET 007. (2) Upon application by a petitioner under subsection (1) of this section, the tribunal or court shall issue to the parties or their legal practitioners (if any) a pre-hearing conference notice as in Form DSET 007 accompanied by a pre-hearing information sheet as in Form DSET 008 for- (a) the disposal of all matters which can be dealt with on interlocutory application; (b) giving such directions as to the future course of the petition as appear best adapted to secure its just, expeditious and economical disposal in view of the urgency of election petitions; (c) giving directions on order of witnesses to be called and such documents to be tendered by each party to prove their cases having in view the need for the expeditious disposal of the petition; and (d) fixing clear dates for hearing of the petition. (3) The respondent may bring the application in accordance with subparagraph (1) where the petitioner fails to do so, or by motion which shall be served on the petitioner and returnable in 3 clear days, apply for an order to dismiss the petition. (4) Where the petitioner and the respondent fail to bring an application under this paragraph, the tribunal or court shall dismiss the petition as abandoned petition and no application for extension of time to take that step shall be filed or entertained. (5) Dismissal of a petition pursuant to subsection (3) and (4) of this section is final, and the tribunal or court shall be functus officio. (6) At the pre-hearing session, the tribunal or court shall enter a scheduling Order for- (a) joining other parties to the petition; (b) amending petition or reply or any other processes; (c) filing and adoption of written addresses on all interlocutory application (d) additional pre-hearing session; (e) order of witnesses and tendering of documents that will be necessary for the expeditious disposal of the petition; and (f) any Other matters that will promote the quick disposal of the petition in the circumstances. (7) At the pre-hearing session, the tribunal or court shall consider and take appropriate action in respect of the following as may be necessary or desirable- (a) amendments and further and better particulars; (b) the admissions of facts, documents and other evidence by consent of the parties; (c) formulation and settlement of issues for trial; (d) hearing and determination of objections on point of law; (e) control and scheduling of discovery; inspection and production of documents, (f) narrowing the field of dispute between certain types of witnesses especially the Commission's staff and witnesses that officiated at the election, by their participation at pre-hearing session or in any other manner; (g) giving orders or directions for hearing of cross-petitions or any particular issue in the petition or for consolidation with other petition(s); (h) determining the form and substance of the pre-hearing order; and (i) such other matters as may facilitate the just and speedy disposal of the petition bearing in mind the urgency of election petitions. (8) At the pre-hearing session, the tribunal shall ensure that hearing is not delayed by the number of witnesses and objections to documents to be tendered and shall pursuant to subsection 7 of this section - (a) allow parties to admit or exclude documents by consent; (b) direct parties to streamline the number of witnesses to those whose testimonies are relevant and indispensable; and (c) allot time for cross-examination of witnesses having regard to the number of witnesses to be called; (9) The pre-hearing session or series of the pre-hearing sessions with respect to any petition shall be completed within 14 days of its commencement, and the parties and their legal practitioners shall cooperate with the Tribunal or court in working within this time frame. As far as practicable, pre-hearing sessions shall be held from day to day or adjourned only for purposes of compliance with pre-hearing sessions, unless extended by the Chairman or the Presiding Justice. (10) After a pre-hearing session or series of pre-hearing sessions the tribunal or court shall issue a report and this report shall guide the subsequent course of the proceedings, unless modified by the tribunal or court. (11) If a party or his Legal Practitioner fails to attend the pre-hearing sessions or obey a scheduling or pre-hearing order or is substantially unprepared to participate in the session or fails to participate in good faith, the tribunal or court shall in the case of- (a) the petitioner, dismiss the petition; and (b) a respondent enter judgment against him. (12) Any judgment given under subsection (11) of this section, may be set aside upon an application made within 7 days of the judgment (which shall not be extended) with an order as to costs of sum not less than N20,000.00 (Twenty thousand Naira). (13) The application shall be accompanied by an undertaking to participate effectively in the pre-hearing session jointly by the applicant and the Legal Practitioner representing him.

159. Hearing of petition to be in Tribunal. Every election petition shall be heard and determined in an open tribunal.

160. Time and place of hearing petition. (1) Subject to the provisions of subsection(2) of this section, the time and place of the hearing of an election petition shall be fixed by the Tribunal and notice of the time and place of the hearing, which may be as in Form DSET 005 set out in Second Schedule to this Law, shall be given by the Secretary at least 5 (five) days before the day fixed for the hearing by - (a) posting the notice on the tribunal notice board; and (b) sending a copy of the notice by registered post, courier or through a messenger to the- (i) petitioner's address for service; (ii) respondents' addresses for service, if any; or (iii) the commission as the case may be. (2) In fixing the place of hearing, the Tribunal shall have due regard to the proximity to and accessibility from the place where the election was held.

161. Notice of hearing. A tribunal shall publish the notice of hearing as in DSET 005 by causing a copy of the notice to be displayed in the place which was appointed for the delivery of nomination papers prior to the election or in some conspicuous place or places within the ward or Local Government Area, but failure to do so or any miscarriage in the service of the copy of notice of hearing shall not affect the proceedings if it does not occasion injustice against any of the parties to the election petition.

162. Posting of Notice on Tribunal Notice Board Deemed to be Good Notice. The posting of the notice of hearing on the tribunal notice board shall be deemed and taken to be good notice, and the notice shall not be vitiated by any miscarriage of the copy or copies of the notice sent pursuant to section 160 of this Law.

163. Postponement of hearing. (1) The Tribunal may, from time to time by order made on the application of a party to the election petition or at the instance of the Tribunal, postpone the beginning of the hearing to such day as the Tribunal may consider appropriate having regard at all times to the need for speedy conclusion of the hearing of the election petition. (2) A copy of the order shall be sent by the Secretary by registered post or messenger to the Commission who shall publish the order in the manner provided in section 160 for publishing the notice of hearing, but failure on the part of the Commission to publish the copy of the order of postponement shall not affect the proceeding in any manner whatsoever. (3) The Secretary shall post or cause to be posted on the tribunal notice board a copy of the order. (4) Where the tribunal gives a n order of postponement at its own instance, a copy of the order shall be sent by the Secretary by registered post or messenger to the address for service given by the petitioner and to the address for service, if any, given by the respondents or any of them. (5) The provisions of section 161 of this Law shall apply to an order or a notice of postponement as they do to the notice of hearing.

164. Non arrival of Chairman of Tribunal or Chairman of Appeal Tribunal. If the Chairman of the Tribunal or Presiding Justice of the Court has not arrived at appointed time for the hearing or at the time to which the hearing has been postponed, the hearing shall, by reason of that fact, stand adjourned to the following day and so from day to day.

165. Hearing continues from day to day. (1) No formal adjournment of the Tribunal or Court for the hearing of an election petition shall be necessary but the hearing shall be deemed adjourned and may be continued from day to day until the hearing is concluded, unless the Tribunal otherwise directs as the circumstances may dictate. (2) If the Chairman of the Tribunal or the Chairman of the Election Appeal Tribunal who begins the hearing of an election petition is disabled by illness or otherwise, the hearing may be recommenced and concluded by another Chairman of the Tribunal or Chairman of Appeal Tribunal to be appointed by the Chief Judge.

166. Adjournment of hearing. (1) After the hearing of an election petition has begun, if the inquiry cannot be continued on the ensuing day or, if that day is a Sunday or a Public Holiday, on the day following the same day, the hearing shall not be adjourned sine die but to a definite day to be announced before the rising of the Tribunal and notice of the day to which the hearing is adjourned shall forthwith be posted by the Secretary on the notice board. (2) The hearing may be continued on a Saturday or on a Public Holiday if circumstances dictate.

167. Power of Chairman of the Tribunal or the Chairman of the Election Appeal Tribunal to dispose of interlocutory matters. (1) All interlocutory questions and matters may be heard and disposed of by the Chairman of the Tribunal or the Chairman of the Election Appeal Tribunal who shall have control over the proceedings, as a Judge in the High court of the state. (2) After the hearing of the election petition is concluded, if the tribunal before which it was heard has prepared its judgment but the Chairman of the Tribunal or the Chairman of the Election Appeal Tribunal 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 and the member shall certify the decision of the Tribunal or Appeal Tribunal to the Commission.

168. Effect of Determination of Election Petition. (1) At the conclusion of the hearing, the Tribunal shall determine whether a person whose election or return is complained of or any other person, and what person, was validly returned or elected, or whether the election was void, and shall certify the determination to the Commission. (2) If the tribunal has determined that the election is invalid, then, subject to section 136 of this Law, where there is an appeal and the appeal fails, a new election shall be held by the Commission. (3) Where a new election is to be held under the provisions of this section, the Commission shall appoint a date for the election which shall not be later than 3 months from the date of the determination.

169. Withdrawal or Abatement of Petition. (1) An election petition shall not be withdrawn without leave of the Election Petition Tribunal or Election Petition Appeal Tribunal. (2) Where the petitioners are more than one, no application for leave to withdraw the election petition shall be made except with the consent of all the petitioners. (3) The application for leave to withdraw an election petition shall be made as in Form DSET 006 by motion after notice of the application has been given to the respondents. (4) The notice of motion shall state the grounds on which the motion to withdraw is based, supported with affidavit verifying the facts and reasons for withdrawal, signed by the petitioner or petitioners in the presence of the Secretary. (5) At the time of filing the notice of motion, the petitioner or petitioners shall leave copies for service on the respondent(s). (6) The petitioner or petitioners shall also file the affidavits required under section 170 of this Law together with copies for each respondent and pay the fees prescribed or directed by the Secretary for services.

170. Affidavits against Illegal Term of Withdrawal. (1) Before the leave for withdrawal of an election petition is granted, each of the parties to the petition shall produce an affidavit, stating that- (a) to the best of the deponent's knowledge and belief no agreement or term of any kind whatsoever has been made; and (b) no undertaking has been entered into, in relation to the withdrawal of the petition, but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set forth that agreement and shall make the foregoing statement subject to what appears from the affidavit.

171. Time for Hearing Motion for Leave to Withdraw Petition. (1) The time for hearing the motion for leave to withdraw the election petition shall be fixed by the Tribunal or Election Petition Appeal Tribunal. (2) The Secretary may give notice of the day fixed for the hearing of the motion to the respondents and post or cause to be posted on the Tribunal notice board a copy of the notice.

172. Payment of Costs to Respondents. if the election petition is withdrawn, the petitioner shall be Liable to pay appropriate costs to the respondents or any of them unless the Tribunal or Appeal Tribunal otherwise orders.

173. Abatement of Proceedings in Election Petition. (1) If a sole petitioner or the survivor of several petitioners dies, then, subject to subsections (2) and (3) of this section, there shall be no further proceedings on the election petition and the Tribunal may strike it out of its cause list. (2) The death of a petitioner shall not affect his liability for the payment of costs previously incurred in the course of proceedings in respect of the election petition prior to its abatement. (3) Where notice, with copies for each to the election petition supported by the affidavit of two witnesses testifying to the death of a sole petitioner or of the survivor of several petitioners, is given to the Secretary, he shall submit the notice to the tribunal and if the Tribunal so directs, the Secretary shall- (a) serve notice thereof on the other parties to the petition; (b) post or cause to be posted a notice thereof on the Tribunal notice board; (c) cause notice thereof to be published in conspicuous places in the ward or constituency, in such form as the Tribunal may direct.

174. Notice of No Opposition to Petition. (1) If before the hearing of an election petition, a respondent, other than the Chief Electoral Officer, the Returning Officer or Presiding officer, gives to the Tribunal notice in writing signed by him or his Solicitor before the Secretary that he does not intend to oppose the election petition, the Secretary shall - (a) serve notice thereof on the other parties to the election petition; and (b) post or cause to be posted a notice thereof on the Tribunal board. (2) The Respondent shall file the notice with a copy for each party to the election petition not less than six days before the day appointed for hearing of the election petition. (3) A respondent who has given notice of his intention not to oppose the election petition shall not appear or act as a party against the election petition in any proceeding on it; but the giving of the notice shall not of itself cause him to cease to be a Respondent.

175. Countermand of Notice of Hearing. (1) Where a notice of the- (a) petitioner's intention to apply for leave to withdraw an election petition; (b) death of the sole petitioner or the survivor of several petitioners; or (c) Respondent's intention not to oppose an election petition, is received after notice of hearing of the election petition has been given, and before the hearing has begun, the Secretary shall forthwith countermand the notice of hearing. (2) The countermand shall be given in the same manner, and, as near as may be, as the notice of hearing.

176. Discretion of Tribunal if no Reply. Where the respondent has not entered an appearance, or has not filed his reply within the prescribed time or within such time as the Tribunal may have allowed, or has given notice that he does not intend to oppose the petition, then if - (a) there remains no more than one other candidate in the election who was not returned; (b) the election petition contains no prayer for a determination that the election was void; (c) there are no facts or grounds stated in the election petition or in the reply, if any, or stated in any further particulars filed in the proceedings or otherwise appearing on proof of which it ought to be determined that election was void; (d) the election petition is one complaining of undue return and claiming the seat or office for the candidate who was not returned and the respondent has not raised any formal or written objections to any of the votes relied on by the petitioner, the Tribunal may, if it deems fit, determine the proceedings on the election petition without hearing evidence or further evidence, and in any case, the proceedings shall be continued and determined on such evidence or otherwise as the Tribunal may deem necessary for the full and proper determination of the election petition.

177. Fees. (1) The fee payable on the presentation of an election petition shall not be less than N10,000.00 (Ten Thousand Naira). (2) A hearing fee shall be payable for the hearing at the rate of N200.00 (Two Hundred Naira) per day Of the hearing but not exceeding N10,000.00 (Ten Thousand Naira) in all, but the Tribunal may direct a different fee to be charged for any day of the hearing. (3) For the purpose of subsection (2) of this section, the petitioner shall make a deposit of not less than N100,000.00 (One Hundred thousand Naira) at the time of presenting this petition. (4) Subject to the provisions of this section, the fees payable in connection with an election petition shall be at the rate prescribed for civil proceedings in the High Court of Delta State. (5) No fees shall be payable by the Attorney-General of the State (acting in person or through any other legal officer) or by a Respondent who is the Commission or any of its officers appointed pursuant to the provisions of this Law. (6) No fees shall be payable for the summoning of witnesses by the Tribunal at its own instance.

178. Allocation of cost. (1) All costs, charges and expenses of and incidental to the presentation of an election petition and to the proceedings consequent thereon, with the exception of such as are otherwise provided for, shall be defrayed by the parties to the election petition in such manner and in such proportions as the Tribunal may determine, regard being had to the- (a) disallowance of any costs, charges or expenses, which may in the opinion of the Tribunal have been caused by vexatious conduct, unfounded allegation or unfounded objection on the part of the Petitioner or of the Respondent, as the case may be; and (b) discouragement of any needless expenses by throwing the burden of defraying the expenses on the party by whom it has been caused; whether that party is or is not on the whole successful. (2) Where the Tribunal declares an election to be void, it may, if satisfied that the invalidity was due either wholly or in part to the culpable default of an officer responsible for the conduct of the election in the performance of his duties, order that the whole or part of the cost awarded to the successful petitioner be paid by that officer.

179. Return of Security. Money deposited as security shall, when no longer needed as security for costs, charges or expenses, be retuned to the person in whose name it was deposited or to person entitled to receive it by order of the Tribunal which may be made on motion after notice and proof that all just claims have been satisfied or otherwise sufficiently provided for as the Tribunal or Court may require.

180. Payment of Costs Out of Security. (1) The Tribunal may, on application made by a person to whom costs, charges or expenses are payable, order it to be paid out of a deposit made to secure it, after notice to the party by or on whose behalf the deposit was made, requiring him to file a statement within a specified time whether he opposes the application and the of his opposition. (2) Where a dispute arises on an application under subsection (1) of this section, the Tribunal shall afford every person affected by the dispute an opportunity of being heard and shall make such order thereon as it may deem fit. (3) A person shall be deemed to have been afforded the opportunity of being heard if notice of the appointed time for the inquiry into the dispute was given to him, though the person may not have been present at the making of the inquiry. (4) A notice to be given to a person under this section may be given by the Secretary handing him the notice or sending it to him by registered letter in the case of- (a) a party, at the address for service; (b) an application for payment, at the address given in his application, so however, that the provisions of this sub-section shall not preclude the giving of notice in any other manner in which notice may be given or which may be authorized by the Tribunal. (5) Execution may be levied under an order for payment made by the Tribunal under this section in the same manner and to the same extent as execution may be levied under judgment for the payment of money.

181. Evidence at Hearing. (1) Subject to any statutory provision or any provision of these sections relating to evidence, any fact required to be proved at the hearing of a petition shall be proved by written deposition and oral examination of witnesses in open court. (2) Documents which parties consented to at the pre-hearing session or other exhibits shall be tendered from the bar or by the party where he is not represented by a legal practitioner. (3) There shall be no oral examination of a witness during his evidence-in-chief except to lead the witness to adopt his written deposition and tender in evidence all disputed documents or other exhibits referred to in the deposition. (4) Real evidence shall be tendered at the hearing. (5) The Tribunal may, at or hearing of a petition order or direct that evidence of any particular fact be given at the hearing in such manner as may be specified by the order or direction. (6) The power conferred by subsection (5) of this section extends in particular to ordering or directing that evidence of any particular fact be given at the trial- (a) by statement on oath of information or belief; (b) by the production of documents or entries in books; or (c) in the case of fact which is of common knowledge either generally or in a particular district by the production of a specified newspaper which contains a statement of that fact. (d) The Tribunal may, at or before the hearing of a petition order or direct that the number of witnesses who may be called at the hearing be limited as specified by the order or direction. (e) Save with leave of the Tribunal, after an applicant has shown exceptional circumstances, no document, plan, photograph or model shall be received in evidence at the hearing of a petition unless it has been listed or filed along with the petition in the case of the petitioner or filed along with the reply in the case of the respondent. Such leave may be granted with costs save where in the circumstance, the Tribunal considers otherwise.

182. Calling of Witnesses. (1) On the hearing of an election petition, the Tribunal may summon a person as a witness who appears to the Tribunal to have been concerned in the election. (2) The Tribunal may examine a witness so summoned or any other person in the Tribunal although the witness or person is not called and examined by a party to the election petition, and thereafter he may be cross-examined by or 04 behalf of the petitioner and the respondent. (3) The expenses of a witness called by the Tribunal at its own instance shall, unless the Tribunal otherwise orders, be deemed to be costs of the election petition and may, if the Tribunal so directs, be paid in the first instance by the Secretary in the same way as State witness' expenses and recovered in such manner as the Tribunal may direct. (4) Where the Tribunal summons a person as a witness under this section, the provisions of the Delta State High Court Civil Procedure Rules relating to the expenses of persons ordered to attend a hearing shall apply as if they were part of this section. (5) The Tribunal shall - (a) in making and carrying into effect an order for the production and inspection of documents used in the election; and (b) in the examination of any witness who produces or will produce a document, ensure that the way in which the vote of a particular person has been given shall not be disclosed.

183. Privileges of a Witness. (1) A person called as a witness in a proceeding in the Tribunal shall not be excused from answering a question relating to an offence or connected with an election on the grounds that the answer thereto may incriminate or tend to incriminate him, or on the ground of privilege. (2) A witness who answers truly all questions which he is required by the Tribunal to answer shall be entitled to receive a certificate of indemnity under the hand of the Chairman of the Tribunal or Chairman of the Election Appeal Tribunal stating that the witness has so answered. (3) An answer by a person to a question before the Tribunal shall not, except in the case of a criminal proceeding for perjury in respect of the answer, be admissible in any proceeding, civil or criminal, in evidence against him. (4) When a person has a certificate of indemnity in relation to an election, and legal proceedings are at any time brought against him for an offence against the provisions of this Law, committed by him prior to the date of the certificate or in relation to that election, the Tribunal having cognizance of the case shall, on proof of the certificate, stay the proceeding, and may, at its discretion award to that person such costs as he may have been put to in the proceeding.

184. Evidence of Respondent. At the hearing of an election petition complaining of an undue return and claiming the seat or office for a petitioner, the respondent may, subject to the provisions of subsection (2) of section 152, give evidence to prove that the election of the petitioner was undue in the same manner as if he were the person presenting the election petition complaining of the election.

185. Enlargement and Abridgment of Time. (1) The Tribunal shall have power, subject to the provisions of section 156 of this Law, to enlarge time for doing any act or taking any proceedings on such terms (if any) as the justice of the case may require except otherwise provided by any other provision of this Part. (2) An enlargement of time may be ordered although the application for the enlargement is not made until after the expiration of the time appointed or allowed. (3) When the time for delivering a pleading or document or filing any affidavit, answer or document, or doing anything or act is or has been fixed or limited by any of the sections or rules under or in pursuance of this Law or by a direction or an order of the Tribunal, the costs of an application to extend the time, where allowed or of an order made thereon shall be borne by the party making the application unless Tribunal otherwise orders. (4) Every application for enlargement or abridgement of time shall be supported by affidavit. (5) An application for abridgement of time may be made ex parte, but the Tribunal may require notice of the application to be given to the other parties to the election petition. (6) An application for enlargement of time shall be made by motion notice to the other party to the election petition but the Tribunal may, for good cause shown by affidavit or otherwise, dispense with the notice. (7) A copy of an order made for enlargement or abridgement of time shall be filed or delivered together with any document filed or delivered by virtue of the order.

186. Hearing in a Petition. (1) When a petition comes up for hearing and neither party appears, the Tribunal shall, unless there are good reasons to the contrary, strike out the petition and no application shall be brought or entertained to re-list it. (2) When a petition comes up for hearing, if the petitioner appears and the respondent does not appear, the petitioner may prove his petition so far as the burden of proof lies upon him and the Tribunal shall enter a final judgment in the petition. (3) When a petition comes up for hearing, if the respondent appears and the petitioner does not appear, the respondent shall be entitled to final judgment dismissing the petition. (4) Documentary evidence shall be put in and may be read or taken as read by consent. (5) A party shall close his case when he has concluded his evidence and either the petitioner or respondent may make oral application to have the case closed. (6) Notwithstanding subsection (5) above, the Tribunal may suo motu where it considers that either party fails to conclude its case within a reasonable time, close that party's case. (7) The Secretary shall take charge of eve1Y document or object put in as exhibit during the hearing of a petition and shall mark or label every exhibit with a letter or letters indicating the party by whom the exhibit is put in (or where more convenient the witness by whom the exhibit is proved) and with a number so that all the exhibits put in by a party (or proved by a witness) are numbered in one consecutive series. (8) The Secretary shall cause a list of all the exhibits in the petition to be made which when completed shall form part of the record of the proceedings. (9) For the purpose of subsection (8) above, a bundle of documents may be treated and counted as one exhibit. (10) When the party beginning has concluded his evidence, if the other party does not intend to call evidence, the party beginning shall within 10 days after close of evidence file a written address. Upon being served with the written address, the other party shall within 7 days file his own written address. (11) Where the other party calls evidence, he shall within 10 days after the close of its evidence file a written address. (12) Upon being served with the other party's written address the party beginning shall within 7 days file his written address. (13) The party who files the first address shall have a right of reply on points of law only and the reply shall be filed within 5 days after service of the other party's address.

187. Motion and Applications. (1) No motion shall be moved and all motions shall come up at the prehearing session except in extreme circumstances with leave of the Tribunal. (2) Whereby these rules any application is authorized to be made to the Tribunal such application shall be made by motion which may be supported by affidavit and shall under what rule or law the application is brought and shall be served on the respondent. (3) Every such application shall be accompanied by a written address in support of the reliefs sought. (4) Where the respondent to the motion intends to oppose the application, he shall within 7 days of the service on him of such application file his written address and may accompany it with a counter affidavit. (5) The applicant may, on being sewed with the written address of the respondent file and serve an address in reply on points of law within 5 days of being served and where a counter-affidavit is served on the applicant he may file further affidavit with his reply.

188. Service of Notice. (1) Where a summons, notice or document, other than a notice or document mentioned in subsection (1) of section 147 of this Law, is required to be served on a person for a purpose connected with an election petition, it may be served by delivering it to the person or by leaving it at his last known place of abode in the Local Government Area or ward with any person there found who is a resident of the abode and appears to be 18 (eighteen) years of age or more. (2) After a party has given an address for service it shall be sufficient if, in lieu of serving him personally with a document intended for him, the document is served on the person- (a) appearing on the paper last filed on his behalf as his Solicitor wherever the person may be found or, if the person is not found at his office, on the clerk there apparently in charge; or (b) named as occupier in his address for service wherever die person may be found or, if the person is not found at the address, on- (i) the person there found apparently in charge, if such address is a place of business, or (ii) a person, other than a domestic servant there found, who is a resident of the address and appears to be 18 years of age or more. (3) A party change his address for service by giving notice of his new address for service and its occupier to the Secretary and to each party to the election petition, but, until a notice, is received by the Secretary, his old address for service shall continue to be his address for service. (4) Where service by one of the modes specified in this section has proved impracticable, the Tribunal may, on being satisfied, on an application supported by an affidavit showing what has been done, that all reasonable efforts have been made to effect service- (a) order that service be effected in any of the ways mentioned in the provisions of the Delta State High Court Civil Procedure Rules relating to substituted service which service shall be sufficient; or (b) dispense with service or notice as the Tribunal deems fit.

189. Two or More Candidates as Respondents. Two or more candidates may be made respondents to the same petition, and their case may, for the sake of convenience be heard at the same time but for all purposes (including the taking of security) the election petition shall be deemed to be a separate petition against each of the respondents.

190. Consolidated Petitions. Where two or more petitions are presented in relation to the same election or return, all the petitions shall be consolidated, considered and be dealt with as one petition unless the Tribunal shall otherwise direct in order to do justice or an objection against one or more of the petitions has been upheld by the Tribunal.

191. Electoral Officer, etc. as Respondents. (1) Where an election petition complains of the conduct of a Chief Electoral Officer, a Presiding Officer, Returning Officer or any other official of the Commission he shall for all purposes be deemed to be a respondent and joined in the election petition as a necessary party, but a Chief Electoral Officer, a Presiding Officer, Returning Officer or any other official of the Commission shall not be at liberty to decline from opposing the petition except with the written consent of the Commission. (2) If consent is withheld by the Commission under subsection (1) of this section the Commission shall indemnify the Chief Electoral Officer, Presiding Officer, Returning Officer such other official of the Commission against any costs which may be awarded against him by the Tribunal in respect of the election petition. (3) Where the Commission, a Chief Electoral Officer, a Presiding Officer, Returning Officer or any other official of the Commission has been joined as a respondent in an election petition, a Legal Officer of the Commission or a legal practitioner engaged by the Commission or the Attorney-General (acting in person or through his legal officers) shall represent the Commission, Chief Electoral Officer, Presiding Officer, Returning Officer or other official of the Commission at the Tribunal. (4) A private Legal Practitioner engaged by the Commission under subsection (3) of this section shall be entitled to be paid his professional fees and a Legal Officer so engaged shall be paid such honorarium as may be approved by the Commission.

192. Duplicate of Document. In the absence of express provision in this Part, a party filing any document or process paper in connection with any step being taken in the proceedings of an election petition shall, unless the Secretary otherwise directs, leave with the Secretary, copies of the document or process paper for service on each of the parties to the election petition in addition to three copies which the Secretary may preserve.

193. Non-compliance with Rules etc. (1) Non-compliance with any of the provisions of this Part, or with a rule of practice for the time being operative, except otherwise stated or implied, shall not render any proceeding void, unless the Tribunal so directs, but the proceeding may be set aside wholly or in part as irregular, or amended, or otherwise dealt with in such manner and on such terms as the Tribunal may deem fit and just. (2) An application to set aside an election petition or a proceeding resulting therefrom for irregularity or for being a nullity, shall not be allowed unless made within a reasonable time and when the party making the application has not taken any fresh step in the proceedings after knowledge of the defect. (3) An application to set aside an election petition or a proceeding pertaining thereto shall show clearly the legal grounds on which the application is based. (4) An election petition shall not be. defeated by an objection as to form if it is possible at the time the objection is raised to remedy the defect either by way of amendment or as may be directed by the Tribunal. (5) An objection challenging the regularity or competence of an election petition shall be heard and determined after the close of pleading.

194. Application of Rules of Court. Subject to the express provisions of this Law, the practice and procedure of the Tribunal in relation to an election petition shall be as nearly as possible, similar to the practice and procedure of the High Court of Delta State in the exercise of its civil jurisdiction, and the Delta State High Court Civil Procedure Rules shall apply with such modifications as may be necessary to render them applicable having regard to the provisions of this Law, as if the petitioner and the respondent were respectively die Claimant and the defendant in an ordinary civil action.

195. Practice and Procedures of Election Appeal Tribunal. Subject to the provisions of this law, an appeal to the Election Petition Appeal Tribunal shall be determined in accordance with the practice and procedure relating to civil appeals in the Court of Appeal as the case may be, regard being had to the need for urgency on electoral matters.

196. Secrecy of Ballot. No person who has voted in any election under this Law shall, in any legal arising out of the election, be required to say for whom he voted.

197. Prosecution of Offence Disclosed in Election Petition. The Commission shall consider any recommendation made to it by a tribunal with respect to the prosecution by it of any person for an offence disclosed in any election petition.

198. Trial of Offences. An offence committed under this Law shall be tried in a Magistrate Court or the High Court of Delta State.

199. Custody and Inspection of Documents. (1) The Commission shall retain for 6 (six) months all documents relating to an election forwarded to it in accordance with this Law and shall then, unless - (a) otherwise ordered by the Election Tribunal; or (b) is aware thx legal proceedings are pending in respect of the election, cause them to be destroyed. (2) An order for an inspection of a polling document or any other material in the custody of the Commission may be made by the Tribunal if it is satisfied that the order required is for the purpose of instituting or maintaining an election petition. (3) An for opening of a ballot document or any other material for inspection may be made by the Tribunal in the course of proceedings in an election petition. (4) An order under this section may be made subject to such conditions as the Tribunal any think expedient. (5) A document, other than a document referred to in subsection (2) of this section relating to an election and which is retained by the Commission in accordance with subsection (1) of this section, shall be open to inspection on an order made by a Tribunal in exercise of its powers to compel the production of documents in legal proceedings, but shall not otherwise be open to inspection.

200. Delegation of Powers of the Commission. Without prejudice to the other provisions of this Law, the Commission may delegate any of its powers and functions to any other officer of the Commission or any other officer appointed, under the provisions of this Law subject to any conditions or limitations which it may consider necessary' or expedient to impose and no such delegation shall be construed to limit the right of the Commission to exercise such power, itself.

201. Regulations. The Commission may, subject to the provisions of this Law, issue regulations, guidelines, or manuals for the purpose of giving effect to the provisions of this Law and for its administration thereof.

202. Civic Education by the Commission. The Commission shall have power to conduct civic education and enlightenment in the print and electronic media to enhance its functions.

203. Validation. Notwithstanding any other provisions of this Law, any defect or error arising from any actions taken by an official of the Commission. in relation to any notice, form or document made or given or Other thing whatsoever done by him in pursuance of the provisions of the Constitution or of this Law, or any rules made thereunder remain valid, unless otherwise challenged and declared invalid by a competent Court of Law or Tribunal.

204. Transitional/savings provisions. (1) The rights, interests, obligations and liabilities of the Delta State Independent Electoral Commission established pursuant to the Delta State Independent Electoral Commission Law 2012, which are subject to any contract or instrument, or in law or in equity, shall. be deemed to have been assigned to and vested in the Delta State Independent Electoral Commission established by this Law. (2) Any such contract or instrument mentioned in subsection I of this section, shall be of the same force and effect against or in favour of the Delta State Independent Electoral Commission established by this Law. (3) Any proceeding or cause of action pending or existing immediately before the commencement of this Law, by or against the Delta State Independent Electoral Commission, in respect of any right, interest, obligation, or liability of the Delta State Independent Electoral Commission, may be continued or commenced and any determination of the Court, Tribunal or other authority or person may be enforced by or against the Delta State Independent Electoral Commission established by this Law. (4) All staff and employees, funds, resources, assets, movable or immovable property, which immediately before the commencement of this Law, were employed or vested in the Delta State Independent Electoral Commission existing before the commencement of this Law, shall be deemed to be employed or vested in the Delta State Independent Electoral Commission established by this Law.

205. Repeal of the DeIta State Independent Electoral Commission Law, 2012. The Delta State Independent Electoral Commission Law, 2012 is repealed. Schedule 1 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 Section 8 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 BOND OF NEUTRALITY I, ...................... enter into this bond that I will faithful and honestly fulfill my duties as .......... in conformity with the requirement of the Law and guidelines Of Delta State Independent Electoral Commission; that save as provided in the law, I will not disclose or make any matter or thing which comes to my knowledge by reason of such duties that I will do right to all candidates and political parties according to Law without fear or favour, affection or ill-will. That appropriate action(s) should be taken against me if I breach the content of this Bond. Signed by me .................... This ..........day of.................20.............. Before Chief Electoral Officer Signature ............................... Name .................................. Local Government Area.................. Schedule 2 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 Section 36 FORM DSIEC 001 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 SUBMISSION OF LIST OF CANDIDATES BY A POLITICAL PARTY Date:....................... NAME OF POLITICAL PARTY: ............................ STATE: .................... LOCAL GOVERNMENT: ........................ S/N NAME OF AGE SEX HOME WARD OR POST BEING EDUC. PARTICULARS REMAR CANDIDATE ADDRESS CONSTITUENCY CONTESTED QUALIFICATION OF 3 YRS TAX PAYMENT ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? N/B: Please attach folders of each candidate with evidence of particulars supplied in this Form together with other information considered important. Section 24 - 31 DSIEC FORM 002 Confidential DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 Data form for persons seeking election to the Membership of Local Government Council PART 1 A. PERSONAL PARTICULARS

1. Surname (in block letters) ..........................................................

2. Maiden Name (where applicable) ...............................

3. Other Names (in block letters) ......................................................................................

4. Have you ever changed your names? If so, what was/were the former name(s)? i. ......................................................... ii. ........................................

5. Residential Address ....................................

6. Marital Status ..................................

7. Postal Address ..............................

8. Nationality ...................................

9. Did you change nationality in the past. If so what was the former nationality?

10. Place of Birth ....................................

11. Date of Birth ......................................

12. Local Govt. of Origin ................................

13. State ....................................

14. How long have you stayed in your present place or abode?

15. What is your present occupation? B. EDUCATIONAL INSTITUTIONS ATTENDED WITH DATES.

1. Primary schools ...............................................................

2. Secondary school (inducing Teachers, Commercial, Technical and equivalent institutions) .........................

3. Tertiary institution (including University and Colleges) ...................................... C. EDUCATIONAL QUALIFICATION WITH DATES(Attach copies of certificates) D. WORKING EXPERIENCE WITHDATES (state employer, nature of work, reason for leaving) ............................ E. POLITICAL EXPERIENCE AND ACTIVITIES (State political activities involved in, in the past, public offices held, reason for leaving offices, dates, etc) .................................. F. GENERAL

1. Have you ever been tried in a court or tribunal for any criminal offence? If yes, give details of case and the findings of the court or tribunal including punishment, if any ..........................................................

2. Have you ever been tried by the Code of Conduct Tribunal? If yes, State details of the charge and the findings of the Tribunal, including punishment, if any: ......................................

3. Have you ever been involved in any investigation or inquiry regarding lunacy? If yes, state nature of inquiry or investigation, including the findings: ..........................................

4. State with full details the names and addresses of Clubs, Societies Associations Unions belong to or have belonged to in the past: ....................................

5. Have you ever been involved in any bankrupt proceedings? If so, state where proceeding took place and the findings of the inquiry: .................................

6. Have you ever been arrested by the police or Other security agency? If yes, State reasons arrest, where and the outcome of the investigation:

7. Are you a member of a political party? If so , state the name of your political party, when joined the political party and your position in the party: ...........................................

8. Has your party agreed to sponsor you or is the party's sponsorship being contested? State other known contestants: ..........................................

9. Where have you paid in the last three years? State the amount paid and the receipt numbers or tax clearance certificate(s) number with dates. ......................................

10. Have you ever been involved in any investigation or trial relating to narcotic drugs or any psychotropic substance? If so, state place of investigation or trial, date and the outcome of the investigation or trial ..............................................

11. Are you a registered voter? If so, state place of registration, registration number and registration area code number: ............................................

12. Give any other information about your person and the reason for which you intend to contest the election: ................................ G. DECLARATION BEFORE A COMMISSIONER FOR OATHS, IN THE MAGISTRATE OR HIGH COURT OF THE PLACE YOU LIVE

1. I solemnly and sincerely declare that the particulars given above are true and correct to the best of my knowledge and belief.

2. Before making the declaration, I verified the facts and cross-checked them as to their veracity. ................................ DEPONENT SWORN to at the Magistrate/High Court Registry This ................................................. Day of .................20........... BEFORE ME ............................................... COMMISSIONER FOR OATHS PART II E. FOR OFFICIAL USE OF THE COMMISSION (Here record any independent information obtained or available about the subject) Section 36 FORM DSIEC 003 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 RETURN OF LIST OF CANDIDATES DECLARED QUALIFIED TO CONTEST ELECTION Date:....................... NAME OF POLITICAL PARTY: ............................ STATE: .................... LOCAL GOVERNMENT: ........................ S/N NAME OF AGE SEX HOME WARD OR POST SOUGHT TO CANDIDATE ADDRESS CONSTITUENCY CONTEST ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? Section 39 FORM DSIEC 004 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 RETURN OF LIST OF CANDIDATES DECLARED NOT QUALIFIED TO CONTEST ELECTION Date:....................... NAME OF POLITICAL PARTY: ............................ STATE: .................... LOCAL GOVERNMENT: ........................ S/N NAME OF CANDIDATE AGE SEX HOME ADDRESS WARD OR CONSTITUENCY POST SOUGHT TO CON ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? Section 24 - 29 FORM DSIEC 005 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 NOMINATION OF CANDIDATE FOR LOCAL GOVERNMENT CHAIRMANSHIP ELECTION Date: ......................... To: The Chairman, Delta State Independent Electoral Commission, Asaba. I, .......................................................... (NAME) Of .................................................... (ADDRESS) Whose occupation is ................ (OCCUPATION)

1. I am the candidate to whom this nomination paper relates and I am willing to stand the Chairmanship election for ...........Local Government Area.

2. I am a Nigeria citizen of not less than thirty years of age.

3. I have paid my income tax as and when due for the three years immediately preceding the year of the election.

4. I am resident at ......................................... which is within the said .................. Local Government Area.

5. I have never been adjudged a lunatic or otherwise to be of unsound mind

7. I have not been convicted for an offence involving dishonesty or fraud.

8. I am not currently employed whether in the public service of the Federation or of a State or Local Government or anywhere else.

9. I have not been found guilty of contravening the Code of Conduct under the Code of Conduct Bureau and Tribunal Act.

10. I have not been dismissed from the public service or the private sector.

11. I have not been found guilty of an offence involving narcotic drugs under any law in force in or outside Nigeria.

12. I am not a member of a Secret Society.

13. My educational qualification are ......................

14. I am sponsored by ............................... And my running mate is ......................... We the undersigned are the nominators of the above candidate and are registered voters in the constituency in respect of which the candidate seeks to contest the Council Chairmanship election. NOMINATION FORMDSIEC 005 S/N NAME ADDRESS OCCUPATION LGA WARD 1 ? ? ? ? ? 2 ? ? ? ? ? 3 ? ? ? ? ? 4 ? ? ? ? ? 5 ? ? ? ? ? 6 ? ? ? ? ? 7 ? ? ? ? ? 8 ? ? ? ? ? 9 ? ? ? ? ? 10 ? ? ? ? ? 11 ? ? ? ? ? 12 ? ? ? ? ? 13 ? ? ? ? ? 14 ? ? ? ? ? 15 ? ? ? ? ? 16 ? ? ? ? ? 17 ? ? ? ? ? 18 ? ? ? ? ? 19 ? ? ? ? ? 20 ? ? ? ? ? 21 ? ? ? ? ? 22 ? ? ? ? ? 23 ? ? ? ? ? 24 ? ? ? ? ? 25 ? ? ? ? ? 26 ? ? ? ? ? 27 ? ? ? ? ? 28 ? ? ? ? ? 29 ? ? ? ? ? 30 ? ? ? ? ? 31 ? ? ? ? ? 32 ? ? ? ? ? 33 ? ? ? ? ? 34 ? ? ? ? ? 35 ? ? ? ? ? 36 ? ? ? ? ? 37 ? ? ? ? ? 38 ? ? ? ? ? 39 ? ? ? ? ? 40 ? ? ? ? ? 41 ? ? ? ? ? 42 ? ? ? ? ? 43 ? ? ? ? ? 44 ? ? ? ? ? 45 ? ? ? ? ? 46 ? ? ? ? ? 47 ? ? ? ? ? 48 ? ? ? ? ? 49 ? ? ? ? ? 50 ? ? ? ? ? 51 ? ? ? ? ? 52 ? ? ? ? ? 53 ? ? ? ? ? 54 ? ? ? ? ? 55 ? ? ? ? ? 56 ? ? ? ? ? 57 ? ? ? ? ? 58 ? ? ? ? ? 59 ? ? ? ? ? 60 ? ? ? ? ? 61 ? ? ? ? ? 62 ? ? ? ? ? 63 ? ? ? ? ? 64 ? ? ? ? ? 65 ? ? ? ? ? 66 ? ? ? ? ? 67 ? ? ? ? ? 68 ? ? ? ? ? 69 ? ? ? ? ? 70 ? ? ? ? ? NB 1: There shall be 5 (five) nominators from at leas t 2/3 (two third) of the wards in the local government area. And the 2/3 (two third) is approximated to the nearest whole number. NB 2: Each nominator shall attach photocopy of Voter Registration Card Section 24 - 29 FORM DSIEC 006 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 NOMINATION OF CANDIDATE FOR LOCAL GOVERNMENT CHAIRMANSHIP ELECTION Date: ......................... To: The Chairman, Delta State Independent Electoral Commission, Asaba. I, .......................................................... (NAME) Of .................................................... (ADDRESS) Whose occupation is ................ (OCCUPATION)

1. I am the candidate to whom this nomination paper relates and I am willing to stand the Chairmanship election for ...........Local Government Area.

2. I am a Nigeria citizen of not less than thirty years of age.

3. I have paid my income tax as and when due for the three years immediately preceding the year of the election.

4. I am resident at ......................................... which is within the said .................. Local Government Area.

5. I have never been adjudged a lunatic or otherwise to be of unsound mind

7. I have not been convicted for an offence involving dishonesty or fraud.

8. I am not currently employed whether in the public service of the Federation or of a State or Local Government or anywhere else.

9. I have not been found guilty of contravening the Code of Conduct under the Code of Conduct Bureau and Tribunal Act.

10. I have not been dismissed from the public service or the private sector.

11. I have not been found guilty of an offence involving narcotic drugs under any law in force in or outside Nigeria.

12. I am not a member of a Secret Society.

13. My educational qualification are ......................

14. I am sponsored by ............................... We the undersigned are the nominators of the above candidate and are registered voters in the constituency in respect of which the candidate seeks to contest the Council Chairmanship election. S/N NAME ADDRESS OCCUPATION LGA WARD 1 ? ? ? ? ? 2 ? ? ? ? ? 3 ? ? ? ? ? 4 ? ? ? ? ? 5 ? ? ? ? ? 6 ? ? ? ? ? 7 ? ? ? ? ? 8 ? ? ? ? ? 9 ? ? ? ? ? 10 ? ? ? ? ? NB 2: Each nominator shall attach photocopy of Voter Registration Card. FORM DSIEC OO7 DELTA STATE INDEPENDENT ELECTORAL COMMISSION STATEMENT OF RESULT FROM POLLING STATIONSFOR CHAIRMAN OF COUNCIL Polling Station...................... Code Registration Area (ward)............ Code Local Government Area..............Code

2. Number of Ballot Papers issued to the Polling Station

7. Number of Total Valid Votes (Sum of valid votes cast for all Parties)

8. Total Number of Used Ballot Paper (sum of #4 + #5 +#6 + #7 above) S/N PARTY VOTES SCORED (IN FIGURES) VOTES SCORED (IN WORDS) NAMES/SI ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? TOTAL VALID VOTES RECORD TOTAL VALID VOTES under #6 above I ................................................. (Name of presiding Officer) hereby certify that the information contained in this Form is a true and accurate account of Votes cast in this Polling Station and that the election was CONTESTED/NOT CONTESTED. ..................................... ....... Stamp/Signature of Presiding Officer Date DELTA STATE INDEPENDENT ELECTORAL COMMISSION STATEMENT OF RESULT FROM POLLING STATIONSFOR CHAIRMAN OF COUNCIL Polling Station...................... Code Registration Area (ward)............ Code Local Government Area..............Code

10. Number of Ballot Papers issued to the Polling Station

15. Number of Total Valid Votes (Sum of valid votes cast for all Parties)

16. Total Number of Used Ballot Paper (sum of #4 + #5 +#6 + #7 above) S/N PARTY VOTES SCORED (IN FIGURES) VOTES SCORED (IN WORDS) NAMES/SI ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? TOTAL VALID VOTES RECORD TOTAL VALID VOTES under #6 above I ................................................. (Name of presiding Officer) hereby certify that the information contained in this Form is a true and accurate account of Votes cast in this Polling Station and that the election was CONTESTED/NOT CONTESTED. ..................................... ....... Stamp/Signature of Presiding Officer Date Section 66 FORM DSIEC 009 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 SUMMARY OF RESULT FROM POLLING STATIONS FOR ELECTION TO THE OFFICE OF CHAIRMAN OF COUNCIL LOCAL GOVERNMENT AREA ............................... CODE ................................... LEVEL OF COLLATION ............... WARD ................... NAME OF WARD Code: ..................................... POLLING STATIONS VOTES RECEIVED BY CANDIDATES/PARTIES S/N CODE NAME PARTY A PARTY B PARTY C ? ? NAME OF NAME OF NAME OF CANDIDATE CANDIDATE CANDIDATE ? ? IN FIG IN IN FIG IN IN FIG IN WORDS WORDS WORDS 1 ? ? ? ? ? ? ? 2 ? ? ? ? ? ? ? 3 ? ? ? ? ? ? ? 4 ? ? ? ? ? ? ? 5 ? ? ? ? ? ? ? 6 ? ? ? ? ? ? ? 7 ? ? ? ? ? ? ? 8 ? ? ? ? ? ? ? 9 ? ? ? ? ? ? ? 10 ? ? ? ? ? ? ? 11 ? ? ? ? ? ? ? 12 ? ? ? ? ? ? ? 13 ? ? ? ? ? ? ? 14 ? ? ? ? ? ? ? 15 ? ? ? ? ? ? ? 16 ? ? ? ? ? ? ? 17 ? ? ? ? ? ? ? 18 ? ? ? ? ? ? ? 19 ? ? ? ? ? ? ? 20 ? ? ? ? ? ? ? TOTAL NO OF VOTES NO OF VOTES B/F/ ? ? ? ? ? ? TOTAL NO OF VOTES CARRIED OVER ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? NAME OF WARD RETURNING OFFICER ........................................ SIGNATURE................................................. DATE/STAMP ................................... NAME AND SIGNATURE OF PARTY AGENT ................................... PARTY A PARTY B PARTY C Section 66 FORM DSIEC 010 DELTA STATE INDEPENDENT ELECTORAL COMMISSION, 2017 SUMMARY OF RESULT FROM POLLING STATIONS FOR ELECTION OF COUNCILLOR LOCAL GOVERNMENT AREA.... . CODE..........':........ LEVEL OF COLLATION ............WARD......... NAME OF WARD.........CODE........... LEVEL OF COLLATION ............... WARD ................... NAME OF WARD

POLLING STATIONS VOTES RECEIVED BY CANDIDATES/PARTIES S/N CODE NAME PARTY A PARTY B PARTY C ? NAME OF NAME OF NAME OF CANDIDATE CANDIDATE CANDIDATE ? IN FIG IN IN FIG IN IN FIG IN WORDS WORDS WORDS 1 ? ? ? ? ? ? ? 2 ? ? ? ? ? ? ? 3 ? ? ? ? ? ? ? 4 ? ? ? ? ? ? ? 5 ? ? ? ? ? ? ? 6 ? ? ? ? ? ? ? 7 ? ? ? ? ? ? ? 8 ? ? ? ? ? ? ? 9 ? ? ? ? ? ? ? 10 ? ? ? ? ? ? ? 11 ? ? ? ? ? ? ? 12 ? ? ? ? ? ? ? 13 ? ? ? ? ? ? ? 14 ? ? ? ? ? ? ? 15 ? ? ? ? ? ? ? 16 ? ? ? ? ? ? ? 17 ? ? ? ? ? ? ? 18 ? ? ? ? ? ? ? 19 ? ? ? ? ? ? ? 20 ? ? ? ? ? ? ? TOTAL NO OF VOTES NO OF VOTES B/F/ ? ? ? ? ? ? TOTAL NO OF VOTES CARRIED OVER ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? NAME OF WARD RETURNING OFFICER ........................................ SIGNATURE................................................. DATE/STAMP ................................... NAME AND SIGNATURE OF PARTY AGENT ................................... PARTY A PARTY B PARTY C Section 66 FORM DSIEC 011 DELTA STATE INDEPENDENT ELECTORAL COMMISSION, 2017 SUMMARY OF RESULT FROM POLLING STATIONS FOR ELECTION OF COUNCILLOR LOCAL GOVERNMENT AREA.... . CODE..........':........ LEVEL OF COLLATION ............WARD......... NAME OF WARD.........CODE........... LEVEL OF COLLATION ............... WARD ................... NAME OF WARD LEVEL OF COLLATION ............... WARD ................... NAME OF WARD POLLING STATIONS VOTES RECEIVED BY CANDIDATES/PARTIES S/N CODE NAME PARTY A PARTY B PARTY C ? ? NAME OF NAME OF NAME OF CANDIDATE CANDIDATE CANDIDATE ? ? IN FIG IN IN FIG IN IN FIG IN WORDS WORDS WORDS 1 ? ? ? ? ? ? ? 2 ? ? ? ? ? ? ? 3 ? ? ? ? ? ? ? 4 ? ? ? ? ? ? ? 5 ? ? ? ? ? ? ? 6 ? ? ? ? ? ? ? 7 ? ? ? ? ? ? ? 8 ? ? ? ? ? ? ? 9 ? ? ? ? ? ? ? 10 ? ? ? ? ? ? ? 11 ? ? ? ? ? ? ? 12 ? ? ? ? ? ? ? 13 ? ? ? ? ? ? ? 14 ? ? ? ? ? ? ? 15 ? ? ? ? ? ? ? 16 ? ? ? ? ? ? ? 17 ? ? ? ? ? ? ? 18 ? ? ? ? ? ? ? 19 ? ? ? ? ? ? ? 20 ? ? ? ? ? ? ? TOTAL NO OF VOTES NO OF VOTES B/F/ ? ? ? ? ? ? TOTAL NO OF VOTES CARRIED OVER ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? NAME OF WARD RETURNING OFFICER ........................................ SIGNATURE................................................. DATE/STAMP ................................... NAME AND SIGNATURE OF PARTY AGENT ................................... PARTY A PARTY B PARTY C FORM DSIEC 012

DELTA STATE INDEPENDENT ELECTORAL COMMISSION (DSIEC) DECLARATION OF RESULT FOR CHAIRMAN ELECTION ............................................................................. hereby certify:

1. That I was the Returning Officer for the Local Government Council Election held on the .............. day of 20 ........... for the .............. ward in ............ L.G.A

2. That the election was CONTESTED/NOT CONTESTED

3. That the Candidate received the following votes NAME OF PARTY IN TOTAL VOTES RECEIVED BY CANDIDATE/PARTY IN CANDIDATE FIGURE WORDS ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?

4. That .................................. of .......................... having scored the majority of ......................votes is hereby declared the winner of the election and returned. Name/Signature of Returning Officer ......................................... Dated this .......................... day of .................................. 20 ................ FORM DSIEC 013 DELTA STATE INDEPENDENT ELECTORAL COMMISSION (DSIEC) DECLARATION OF RESULT FOR ELECTION OF COUNCILLOR I ............................................................................. hereby certify:

1. That I was the Returning Officer for the Local Government Council Election held on the .............. day of 20 ........... for the .............. ward in ............ L.G.A

2. That the election was CONTESTED/NOT CONTESTED

3. That the Candidate received the following votes: NAME OF PARTY IN TOTAL VOTES RECEIVED BY CANDIDATE/PARTY IN CANDIDATE FIGURE WORDS ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?

4. That .................................. of .......................... having scored the majority of ......................votes is hereby declared the winner of the election and returned. Name/Signature of Returning Officer ......................................... Dated this .......................... day of .................................. 20 ................ ..................... Chairman DELTA STATE INDEPENDENT ELECTORAL COMMISSION Section 74 FORM DSIEC 015 I hereby certify that the Councilor elected for Ward ...................................... of ................. Local Government Area in the election held on ................................. 20 ............................... Is.............. (State the full names of the Elected Councillor) Dated this .......................... Day of ..................................20................. ........................ Chairman DELTA STATE INDEPENDENT ELECTORAL COMMISSION FORMDSIEC016 DELTA STATE INDEPENDENT ELECTORAL COMMISSION STATEMENT OF (a) UNUSED AND (b) SPOILT BALLOT PAPERS. (a) Number of Unsued Ballot Paper ................................... Serial No ............................ To ..................................... (b) SPOIL BALLOT PAPPERS: Serial No of Unused Ballot Papers Serial No of Spoilt Ballot Papers ? ? ? Total Total GRAND TOTAL ....................... ..................................... Presiding Officer FORM DSIEC 017 DELTA STATE INDEPENDENT ELECTORAL COMMISSION STATEMENT OF INVALID, SPOILT, REJECTED AND CANCELLED BALLOT PAPERS LOCAL GOVERNMENT AREA................................... WARD.......................................... POLLING STATION NO .............................. Serial Serial No of Spoilt Ballot Papers ? ? ? ? Dated this ............................. day of ............................. 20 ....................... ........................... Signature Presiding Officer FORM DSIEC 018 DELTA STATE INDEPENDENT ELECTORAL COMMISSION BALLOT PAPERS ACCOUNT AND VERFICATION STATEMENT PART 1 PART 2 A. B.

1. No of ordinary ballot paper 1a. No of ballot papers returned by issued...................... voters as spoilt............................

2. No of ballot papers returned by voter as 2b. No of unused ordinary ballot spoilt................. papers...............

3. No of unused ordinary ballot papers................ 3c. No of ballot papers found in the box

4. No of ballot papers found in the box compartment but not in box compartment but not in box ........................... ...................................

5. No of persons marked in the register as having 4d. No of ballot paper counted voted ......................... .............................

6. No of certified extracts supplied from other 5e. No of unused tendered papers polling station in respect of officers on duty at ....................... the polling station who are registered in other 6f. No of ballot envelopes found in the areas........................... ballot box.......................................

7. No of used tendered ballot papers I certify/refuse to certify that the above ...................... account is correct

8. No of ballot envelopes issued Name of Returning ............................ Officer......................... I certify that the above account is correct Signature .............................. Signature ............................ Date ........................... Date:............................. Remark: .......................... Name of candidate or Polling Agent ....................... Signature ........................ Date .......................... Name of candidate or Polling Agent ..................... Signature ............................ FORM DSIEC 019 DELTA STATE INDEPENDENT ELECTORAL COMMISSION UNDERTAKING AS TO IMPERSONATION LOCAL GOVERNMENT AREA ..............WARD .................POLLING STATION NO .................... NAME ....................... I ................................................ (Full Name) of ................................... (Address) Polling Agent for ...................................... (Name of Candidates) Hereby declare that I have reasonable cause to believe that person applying for a paper in the name of: ........................................... (Name given by the applicant) Whose number on the register of Election is: ...................... Has committed an offence of impersonation and I undertake to substantiate the charge in a court of law. Dated this ............................day of.....................20............... ................... (Signature of Polling Agent) Signed by the above name polling agent in my presence ........................... (Signature of Polling Agent) FORM DSIEC 020 DELTA STATE INDEPENDENT ELECTORAL COMMISSION REGISTRATION OF MATERIAL RECEIPT .....................................................................of ................................................ Address duly appointed as ................................... For ............................. Polling Unit/Collation Centre Have received the following election forms and equipment from: Name .............................. Address ...................... Designation ................ Supervising presiding Officer/Chief Electoral Officer This ..........................day of ............. 20.............. Section 85 FORM DSIEC/R 001 DELTA STATE INDEPENDENT ELECTORAL COMMISSION STATEMENT OF RESULT FROM POLLING STATIONSFOR THE RECAL OF A COUNCILLOR Polling Station...................... Code Registration Area (ward)............ Code Local Government Area..............Code

2. Number of Ballot Papers issued to the Polling Station

7. Number of Total Valid Votes (Sum of valid votes cast for all Parties)

8. Total Number of Used Ballot Paper (sum of #4 + #5 +#6 + #7 above) S/N PARTY VOTES SCORED (IN FIGURES) VOTES SCORED (IN WORDS) NAMES/SI ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? TOTAL VALID VOTES RECORD TOTAL VALID VOTES under #6 above I ................................................. (Name of presiding Officer) hereby certify that the information contained in this Form is a true and accurate account of Votes cast in this Polling Station and that the election was CONTESTED/NOT CONTESTED. ..................................... ....... Stamp/Signature of Presiding Officer Date Section 85 FORM DSIEC/R 002 DELTA STATE INDEPENDENT ELECTORAL COMMISSION SUMMARY OF RESULT FROM POLLING STATIONS FOR THE RECAL OF A COUNCILLOR Polling Station Code Registration Area (ward) Code Local Government Area ............................... Code POLLING VOTES RECEIVED BY ? STATION THE COUNCILLOR ? ? ? S/N CODE NO OF YES VOTES IN NO. OF NAME FIGURES VOTES/REMARKS IN WORDS ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? TOTAL NUMBER OF VOTES B/F ? ? ? TOTAL NO. OF VOTES CARRIED OVER Name of Ward Returning Officer ...........................Signature Stamp .........................................Date.......................... Name and signature of Councillors Agent ....................... Schedule 3 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 Section 143 FORM DSET 001 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 IN THE LOCAL GOVERNMENT ELECTION PETITION TRIBUNAL/ELECTION PETITION APPEAL TRIBUNAL HOLDEN AT ........................ Petition No .............. The election of the .................for.......................Ward/Local Government Area or the office of .............held on the ..............day of..................20............. Between A.B. ....................... C.D. ......................... (Plaintiff(s) and E.F. ....................... G.H. ........................ (Respondent(s) Petition The petition of A.B. of .....................(or A.B. of .............. and C.D. of ................... as the case may be) whose names are subscribed. Your petitioner AB was a candidate at the above election or claims to have had a right to contest or be returned at the above election or was a registered political party and your petition .....................(here state in like manner the right of each petitioner ............................ and your petitioner(s) state(s) that the election was held on the ................ day of .........................20................. When A. B. (and C.D) and E.F (and G.H) were candidate(s) and your petitioner(s) state(s) that (here state facts and grounds on which the petitioner(s) rely............................................................... Wherefore your petitioner (s) pray (s) that it may be determined that the said E.F (and G.H) was (were) not duly elected (or returned) and that their (or his) election was void or that the said A.B (and C.D) was (were) elected and ought to have been returned, (or as the case may be), Signed ........................... AB, ........................................ CD ............................................. Address for service ................................................ The name of any (or our) solicitor is ................................ or I {or we) am (or are) acting for myself {or ourselves) . Signed .. . A.B. Petitioner) Signed before me this .....................day of ................20............. ......................... Secretary Section 143 FORM DSET 002 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 IN THE LOCAL GOVERNMENT ELECTION PETITION TRIBUNAL/ LOCAL GOVERNMENT ELECTION PETITION APPEAL TRIBUNAL HOLDEN AT ..................... Petition No............. Between ................... Petitioner(s) and Respondent(s) Receipt of Petition Received on the ............day of ..................20.............at the Registry of the Tribunal, a petition concerning the election of ........................as a member of to the .................office of purporting to be signed by ..............Dated .................this ................day of .................20............ .................... Secretary

For service on respondent ............................. ......................... Section 147 FORM DSET 003 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 IN THE LOCAL GOVERNMENT ELECTION TRIBUNAL/LOCAL GOVERNMENT ELECTION PETITION APPEAL TRIBUNAL HOLDEN AT ........................... Petition No. ........................... Between .................... Petitioner(s) ....................... Respondent(s) To respondent(s) NOTICE OF PRESENTATION OF PETITION TAKE NOTICE that a petition, a duplicate whereof is attached hereto, has this day been presented in the Registry of the Tribunal/Appeal Tribunal named above and that you are to enter an appearance in respect of the petition to the said Registry within ..............days of the date when this notice was left at your address as set out below, or as the Tribunal may direct by order under section 149 (2) this Law, otherwise proceedings on the petition may be continued and determined in default of your appearance, and any document intended for you may be posted up on the notice board, which shall be sufficient notice thereof. Dated ......................this..................day of ...............20............ ............................... Secretary To ....................................... Section 152 FORM DSET 004 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 IN THE LOCAL GOVERNMENT ELECTION PETITION TRIBUNAL/LOCAL GOVERNMENT ELECTION PETITION APPEAL TRIBUNAL HOLDEN AT............................ Between .....................................Petitioner(s) and .....................................Respondent(s) To the Secretary MEMORANDUM OF APPEARANCE Election Tribunal/Appeal Tribunal Please enter appearance for............................ who is ......................... in the above election petition. The name and address of his solicitor arc as follows .......................................... ................................. Dated ....................this............................day of ...............20............... ....................... Signed For service on petitioner ............................ Section 160 & 161 FORM DSET 005 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 IN THE LOCAL GOVERNMENT ELECTION PETITION TRIBUNAL/LOCAL GOVERNMENT ELECTION PETITION APPEAL TRIBUNAL HOLDEN AT............................ Petition No:.................. Between ...................... Petitioner(s) and ....................................................... Respondent(s) The petition of .................................(Petitioner) of .......................... (or of ..........................of ............................ (Petitioners) as the case may be whose name(s) are subscribed. Notice of hearing TAKE NOTICE the above election petition will be heard at on ............ the day of ..........20......... and on such other days as the Appeal Tribunal may determine. Dated this ..................... day of.............. 20......... ................... Secretary Address for service on- Petitioner........................... Respondent.............................. Section 169, 170 & 171 FORM DSET 006 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 IN THE LOCAL GOVERNMENT ELECTION TRIBUNAL/LOCAL GOVERNMENT ELECTION PETITION APPEAL TRIBUNAL HOLDEN AT ................................... Petition No.................... Between Petitioner(s) ....................................... and ................................Respondent(s) Notice of motion to withdraw petition TAKE NOTICE that this Honourable Tribunal will be moved on .....the ................... day of ...............20 At the hour of 9 0'Clock in the afternoon or as soon thereafter as the Petitioner or Counsel on his behalf can be heard praying the Tribunal/Court for an order enabling the Petitioner to withdraw the above petition on the following ground(s) .........................................Date .....................this..............day of...........20.......... .................... Petitioner(s) or Solicitor Section 158 FORM DSET 007 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 IN THE LOCAL GOVERNMENT ELECTION PETITION TRIBUNAL/LOCAL GOVERNMENT ELECTION PETITION APPEAL TRIBUNAL HOLDEN AT............................ Petition No:..................... Between Petitioner(s) .............................................. and ......................................... .......................To................... ..............................(Insert name of parties) Hearing Notice for Pre-hearing Session

Take Notice that you are required to attend the Tribunal on the ............ day of ..........20.............at 9 O'clock in the forenoon, for a pre-hearing session for the purposes set out hereunder:

1. (a) disposal of all matters which must or can be dealt with on interlocutory application; (b) giving directions as to the future of the petition as appear best adapted to secure its just, expeditious and economical disposal in view of the urgency of election petitions; (c) giving directions on order of witness to be called and such documents to be tendered by each party to prove their cases in view of the need for expeditious determination of the petition; (d) fixing of clear dates for hearing of the petition.

2. Please answer the questions in the attached pre-hearing information sheet (Form DSET 008) on a separate sheet and submit 7 (seven) clear days before the above date. Take notice that if you do not attend in person or by legal practitioner at the time and place mentioned such proceeding will be taken and such order will be made as the Tribunal may deem just and expedient. Dated the ..........................day of .....................20.................. Signed ....................... Secretary Section 158 (2) FORM DSET 008 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW, 2017 IN THE LOCAL GOVERNMENT ELECTION PETITION TRIBUNAL/LOCAL G OVERNMENT ELECTION PETITION APPEAL TRIBUNAL HOLDEN AT .................... Petition No...................... Between (Petitioner(s) ............................. and (Respondent(s) .............................. Pre-hearing information sheet This Pre-hearing Information Sheet is intended to include reference to all applications which the parties would wish to make at the pre-hearing session. Information sheet should be entered under item 14 below. All parties shall not, later than 7 (seven) days before the first pre-hearing session file and serve on all parties: (a) all applications in respect of matters to be dealt with before hearing including but not limited to the matters listed hereunder. (b) written answers to the questions contained in this pre-hearing Information Sheet.

1. - Do you require that this section be considered with any other action(s)? if so give particulars

2. Are amendments to a petition, reply or other process required?

3. Are further and better particulars of any petition or reply required.? If so, specify what particulars are required.

4. If you intend to make any additional admissions, give details.

5. Are there witnesses you may now wish to call?

6. Will interpreters be required for any witness? If so, state in what language.

7. Is this a case in which the use of a single or joint expert might be suitable? If not, state reasons.

8. Is there any way in which the Tribunal can assist the parties to resolve their dispute or particular issues in it without the need for a hearing or full hearing?

9. Have you considered any lawful means of resolving or narrowing down the dispute or particular issues in it? If yes, state the steps that have been taken. If not, state reasons.

10. List the paragraphs of the petition/reply you are admitting. 11 List the documents you are consenting to.

12. List the documents you are disputing and the reasons for the dispute.

13. List the witnesses you feel may not be necessary for any party to call and state your reasons for the opinion.

14. List the applications you wish to make at the pre-hearing session. Dated this........... day of ...... 20............... Signed ......................... (Legal Practitioner for the ...............) For service on: ...................... .................... EXPLANATORY NOTE This Law seeks to repeal and reenact the Delta State Independent Electoral Commission for the purpose of organizing and conducting Local Government Elections in Delta State.