INEC'S DRAFT ELECTORAL LAW
(Partial; some sections omitted)
INEC - Independent National Electoral Commission (of Nigeria)

ELECTORAL ACT
ARRANGEMENT OF SECTIONS

PART I - REGISTRATION OF VOTERS (Sections 1 - 27)
PART II - PROCEDURE AT ELECTION (Sections 28 - 88)
PART III - POLITICAL PARTIES (Sections 89 - 112) (complete)
PART IV - ELECTION TO LOCAL GOVERNMENT/AREA COUNCIL (Sections 113 - 126)
PART V - ELECTORAL OFFENCES (Sections 127 - 148)
PART VI - DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS UNDER THIS ACT (Sections 149 - 160)
PART VII - MISCELLANEOUS (Sections 161 - 179)

AN ACT FOR REGULATING THE CONDUCT OF PRESIDENTIAL AN GUBERNATORIAL ELECTIONS; NATIONAL ASSEMBLY AND HOUSES OF ASSEMBLY OF THE STATES IN THE FEDERATION; LOCAL GOVERNMENT AREA COUNCIL ELECTIONS AND FOR OTHER PURPOSES CONNECTED THEREWITH

Commencement
BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria and by the authority of same as follow:

PART I
REGISTRATION OF VOTERS
Qualification for registration

1. A person shall be qualified for registration as a voter if:

   1. he is a Nigerian;
   2. he has attained the age of eighteen years;
   3. he is ordinarily resident in the area covered by the registration centre in which he intends to register;
   4. he has presented himself to the registration officers for purposes of registration as a voter within the period allowed by the Commission for registration of Voters.

   (2)A person shall not be entitled to vote in any Constituency unless registered there in the register of voters to be used at the election.

Registration Card

2. (1) A registered voter shall be issued a registration card upon being registered.

   (2) A registration card shall contain the following information -

   1. the registered voter's name;
   2. the registered voter's age;
   3. the registered voter's sex;
   4. the registered voter's number;
   5. the name of the State;
   6. the name of the Loca Government Area;
   7. the code number of the ward;
   8. the registration unit; and
   9. the registered voter's thumb print.

   Right of Registered Voter

3. (1) On no account shall a person qualified under section I of this Act to be registered as a voter be denied registration.

   Provided that he has presented himself at the appropriate centre within the time allowed by the Commission for registration.

   (2) No person sall be accepted for registration after the end of the period allowed by the Commission, but registration shall continue until all person who have presented thermselves withn the period allowed by the Commission are duly registered and issued voter's registration card.

   (3) No person shall be allowed to register in more than one registration centre or to register more than once in the same registration centre.

   Definition of Ordinary Residence

4. (1) For the purpose of this Act, a person shall be deemed to be ordinarily reisdent in that place where he normally lives, sleeps and his usual abode, whether or not he is an indigene of the place.

5. (2) A person who is ordinarily resident in a place outside his indigenous Ward, local Government Area/Area Council or State shall be eligible to vote in that place if he is registered as a voter in that Constituency.

   --- materials omitted ------

PART II
PROCEDURE AT ELECTION

Establishment of Polling Stations

52. (1) If an election is to take place, the Commission shall establish a sufficient number of Polling Stations or Units in the Constituency and shall allot voters in the Constituency among such Polling Stations or Units. Provided that every voter shall be allotted a Polling Station nearest to his residence.

    (2) Not more than 500 voters shall be required to vote at any one Polling STation and no voter shall travel more than 5 kilometres to vote unless the Commission is satisfied that it is unnecessary or impracticable, as the case may be, to provide other Polling Stations. The name of any voter on the official list of voters for the Constituency shall appear on one and one only, of the part of the list of voters allotted to various Polling Stations established in the Constituency.

    Ballot Boxes

53. (1) Each ballot box shall be made of some durable transparent material with a slit or narrow opening at the top so constructed that, while the poll is open, ballot papers may be introduced therein but cannot be withdrawn therefrom unless the box is unsealed and opened.

    (2) The ballot boxes shall be provided with a sealing plate, permanently attached. To affix the special metal seals prescribed by the Commission for the use of Returning Officers and Assistant Returning Officers.

    Ballot Papers

54. (1) Every ballot paper shall be a printed paper on which the symbol adopted by the Political Party shall be clearly set and there shall be a blank space at the left side of the said symbol on which a thumb impression can conveniently be made and each such ballot paper shall have a serial number printed or stamped on the back and shall be attached to a counterfoil bearing the same serial number as printed or stamped on the back of the ballot paper.

    (2) The ballot papers shall be bound or attached in booklets containing fifty ballot papers, as may be most suitable for supplying to polling stations according to the number of voters in each.

    Polling Agents

55. (1) Every candidate may by a notice in writing signed by him and addressed to the Electoral Officer of a State appoint one person (in this Act referred to as "Polling Agents") to attend at each polling station in the Constituency for which he is a candidate; and the notice shall set out the name and address of the polling agent and be given by candidates to the Electoral Officer not later than fourteen days before the date fixed for the election.

    (2) Notwithstanding the requirement of subsection (1) of this section, a candidate shall not be precluded from doing any act or thing which he has appointed a polling agent to do on his behalf under this Act.

    (3) Polling agents have such power as the Commission may allow for the purposes of this Act. Such polling agents shall be persons whose names appear on the register of voters for the Senatorial District or Constitutency, as the case may be, in respect of which they are appointed.

    Notice of Poll

56. The Commission shall, not later than the fourteen day before the day of the election, cause to be published, in such manner as it may think fit a notice specifying the following matters, that is to say -

    1. the day and hours fixed for the poll;

    2. the full names arranged in alphabetical order of surnames or last names and places of residency and occupations of the candidates remaining nominated, together with the symbols of their Political Parties;

    3. by way of indication, the persons entitled to vote;

    4. the location of the polling station or polling stations.

    Hours of Poll

57. Voting shall take place on the same day and at the same time throughout the Federation as may be announced by the Commission.

    Preparation of Ballot Boxes

58. (1) 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 Station or Unit and shall then close and seal the box in such manner as to prevent its being opened by an unauthorised person.

    The ballot box shall then be placed on a table in full view of all present, and be so maintained until the close of the poll.

    (3) There shall be only one ballot box for all the candidates at any polling station.

    Questions to be put to voters.

59. The Presiding Officer may, and if required by a candidate or a polling agent shall, at the time of his application for a ballot paper but not afterwards, put to the voter the following questions -

    1. "what is your name and where do you live?"

    2. "have you already voted at the present election at this or any other polling stations?"

    Issue of Ballot Papers

60. Every person intending to vote shall present himself to a Presiding Officer at the polling station in the Constituency in which his name is registered as being entitled to vote. Where a voter produces his registration card, the Presiding Officer shall -

    1. record the attendance of the voter in a register specifically kept for that purpose;

    2. issue the voter with a ballot paper;

    3. stamp the ballot paper with the official mark of the polling station; and

    4. sign his name at the back of the ballot paper.

    Provided that where a person claims that his name is on the register of voters for that polling station but that his registration card has been destroyed or lost, the Presiding Officer shall if the name of the person is found on the register of voters for the polling station and satisfies himself that the voter had not voted earlier in that particular election, allow the voter to cast his vote.

61. The Presiding Officer shall separate the queue between men and women if in that are of the Country the culture is such that it does not permit the mingling of men and women in the same queue.

    Conduct of Poll by Secret Ballot

62. (1) Voting at the election shall be by secret ballot.

    (2) A voter on receiving a ballot paper shall -

    1. proceed forthwith to the voting compartment and there with ink provided in pad and indelible to leave a mark on the skin of the thumb for a period of approximately ten hours, make his thumb impression on the blank space on the ballot paper at the right of the symbol of the Political Party for which he intends to vote.

    2. come out from the compartment, have his thumb inspected by the presiding officer to satisfy the Presiding Officer that he has made his mark on the paper and in the full view of the Presiding Officer and all others present -

       1. deposit the ballot paper in the ballot box;

       2. have the space between the finger nail and the flesh of the finger marked with indelible ink.

    (3) A different finger shall be marked for each election.

    Over voting

63. (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) If the votes cast at an election in any Constituency or Unit exceeds the number of registered voters in that Constituency or Unit, the election for that Constituency or Unit shall be declared null and void and another election conducted at a date to be fixed by the Commission.

    (3) Where the Commission nullifies the election in accordance with subsection (2) of the section, there shall be no return for the election untillpolling 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 substantially be affected by voting in the area where the election is cancelled, direct that a return of the election be made.

    Ballot not to be marked by voter for identification

64. A voter shall not place on the ballot paper any writing or mark by which he may be identified so however that any print resulting from the staining of the thumb of the voter in the voting compartment shall not be or be deemed to be a mark of identification under this section.

    --- materials omitted -

Closing of Polls

73. (1) When it is time for the closing of the poll the Presiding Officer or any other Electoral Officer shall not allw in to the polling station any person other than those already inside and those in the immediate vicinity waiting to enter and vote.

    (2) NO voter having thereafter recorded his vote shall be permitted to remain in the polling station unless otherwise authorised under this Act.

    Counting of Votes From ECA 8A Form ECA 8A(1) Schedule 6

74. (1) The presiding officer shall, after counting the votes at the polling station or unit, enter the votes socred by each candidate in Form ECA 8A or EC.8A(1), as the case may be, set out in schedule 2 to this Act.

    (2) Form EC.8A and or Form EC.8A(1) shall be signed and stamped by the presiding officer and counter signed by the candidates or their polling Agents where available at the polling station or unit

    (3) A polling Agent shall be required to sign Form EC.8A and or Form EC.8A (1) as the case may be especially where he has requested for a recount, but failure by a polling Agent to sign Form EC.8A and or Form E.8A(1) shall not invalidate the result of the poll.

    (4) The presiding officer shall give to the polling Agents and the police officer present a copy each of completed Form EC.8A and or Form EC.8A(1) after it has been signed by both the presiding officer and the polling Agents.

    Post-Election procedure and collation of result

75. After the recording of the result of the election, the presiding officer shall take the result and materials to the ward collation centre under security escort if available.

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PART III POLITICAL PARTIES
Prohibition of Political Activities by certain Associations

89. (1) No association, other than a Political Party, shall canvass for votes for, or sponsor any candidate at any election or contribute to the fund of any Political Party or to the election expenses of any candidate at an election.

    (2) Any association which contravenes the provisions of subsection (1) of this section is guilty of an offence and the leaders of the association shall be severally liable on conviction to a fine of not more than N250,000 or imprisonment for a term of 5 years or to both such fine and imprisonment.

    (3) In this section, "leaders of an association" means every person holding an executive position in that association, including in particular, the chairman, Secrertary or Treasurer of the association and every member of its committee of management, howsoever described.

    Restriction on formation of Political Parties

90. No association by whatever name called shall function as a Political Party unless it is registered by the Commission as a Political Party and -

    1. its membership is open to every citizen of Nigeria irrespective of his place of origin, circumstance of birth, sex, religion or ethnic grouping.

    2. a copy of its constitution and manifesto are registered in the principal office of the Commissioin in such form as may be prescribed by the Commision;

    3. any alteration in its registered constitution or manifesto are also registered in the principal office of the Commission within thirty (30) days of the making of such alteration;

    4. the name of the association, its symbol or logo does not contain any ethnic or religious connotation or give the appearance that the activities of the association are confined to a part only of the geographical area of Nigeria;

    5. the Headquarters of the association is situated in the Federal Capital Territory, Abuja;

    6. the names and addresses of its national officers are registered with the Commission;

    7. it furnishes to the Commission the addresses of the branches of the Political Party in at least two third of the states of the Federation including the Federal Capital Territory, Abuja; and Constitution and Rules of Political Parties

91. (1) The constitution and rules of a Political Party shall -

    1. provide for the periodical election on a democratic basis of the principal officers and members of the executive commitee or other governing body o the Political Party; and

    2. ensure that the members of the executive committee or other governing body of the Political Party reflect the federal character of Nigeria.

    Provided that the election of the officers or members of the executive committee is held periodically and in any case not more than 4 years from the previous election and the members thereof belong to different states not being less in number than two-thirds of all the states of the Federation and the Federal Capital Territory, Abuja.

    (2) Any association which through submission of false or misleading information pursuant to the provisions of this section procures a certificate of registration shall have such certificate cancelled by the Commission and shall thereupon cease to function as a Political Party.

    Membership of Political Parties

92. Subject to the provisions of section 90 (1) (b) of this Act, no person shall be eligible to be registered as a member of a Political Party if he -

    1. has not attained the age of 18 years;

    2. is a member of the Public Service or Civil Service of the Federation or State as defined by the Constitution;

    3. is not a citizen of Nigeria.

    Programmes and Objectives of Political Parties

93. (1) The programmes, aims and objectives of a Political Party shall be set out in its constitution and manifesto, and shall in particular conform with the provisions of Chapter II of the constitution.

    (2) The Commission may issue such guidelines and make such rules as it may, from time to time, consider necessary, introducing principles and elements likely to enhance democracy and participation of the people in the governance of Nigeria and it shall be the duty of the Political Parties to comply with such guidelines or rules.

    Application for Registration of Political Party

94. (1) For the purposes of this Act, an application by an association for registration as a Political Party shall be in Form PP.I set out in the 2nd Schedule to this Act and be accompanied by the following documents, that is:

    1. ten printed copies or such number as the Commission may require of the current constitution of the association;

    2. Ten printed copies or such number as the Commission may require of the asssociation's programme and its aims and objectives;

    3. Evidence of payment of registration fee as may be prescribed by the Commission.

    (2) Every application shall be addressed to the Chairman of the Commission at the principal office of the Commission.

    Registration of Political Party

95. (1) Where the Commission is satisfied that an association has fulfilled all the conditions as prescribed by this Act, or any other enactment or regulation, the Commission shall register such association as a Political Party by issuing it with a certificate of registration as in Form PP.2 set out in the 2nd Schedule to this Act and notice of the registration shall be published in the Gazette and in such other manner as the COmmission may deem fit.

    (2) If the Commission is of the opinon that an association has not fulfilled all the conditioins as aforementioned, it shall refuse to register such association as a Political Party and shall state in writing the grounds for such refusal and notify the association accordingly.

    (3) Any Political Party which after having been duly registered upon satisfying the Commission that its consitution and rules are in accordance with section 223 of the Constitution subsequently contravenes the provisions of that section shall have its registration certificate cancelled by the Commission and shall thereupon cease to function as a Political Party.

    Political Parties to be bodies corporate

96. Every Political Party registered under this Act shall be a body coorporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

    Power of Commission to monitor Convention, etc.

97. (1) Every registered Political Party shall give the Commission at least seven days notice of any convention, congress, conference or meeting convened for the purpose of electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified in section 28 of this Act.

    (2) The Commission may with or without prior notice to the Political Party monitor and attend any convention, congress, conference or meeting which is convened by a Political Party for the purpose of -

    1. electing members of its executive committees or other governing bodies; or

    2. nominating candidates for an election at any level;

    3. approving a merger with any other registered Political Party.

    (3) Notice of any congress, conference or meeting for the purpose of nominating candidates for Local Government/Area Council elections shall be given to the State Independent Electoral Commission at least seven days before such congress, conference or meeting.

    (4) The State Independent Electoral Commission may with or without prior notice to the Political Party monitor congress, conference or meeting convened for the purpose of nominating candidates for Local Government/Area Council election.

    Change of name of Political Party

98. A Political Party registered under this Decree may change its registered name but no change shall be valid until it has been approved by the Commission.

    Renewal of Registration

99. (1) Every registered Political Party shall renew its registration on or before 31st December following every presidential election on payment of a fee as may be prescribed by the Commission.

    (2) Where a Political Party fails to renew its registration as provided under subsection (1) of this section after 3 calendar months from the date the renewal becomes due, it shall be deemed to having forfeited its right to be so registered, and it shall cease to function as a Political Party.

    (3) If the Commission withholds the right and privileges of a Political Party pursuant to subsection (2) of this section, no person shall -

    1. summon a meeting of members or officers of the Political Party; or

    2. attend a meeting of the Political Party as a member or officer of the party; or

    3. do or cause to be done any act whatsoever in the name, or on behalf of the Political Party.

    (4) The Commission shall revoke the registration of a Political Party if, after 3 months of withholding the rights and privileges of the Political Party under subsection (2) of this section, the Political Party continues to default in renewing the registration.

    (5) A person who contravenes the provisions of subsection (3) of this section if guilty of an offence and liable to conviction to a fine of N50,000.00 or imprisonment for a term of 1 year or to both such fine and imprisonment.

    Withdrawal of certificate of registration

100. (1) Every Political Party which contravenes the provisions of this part of this Act shall be liable to have its certificate withdrawn by the Commission.

     Symbols

101. (1) There shall be a register of symbols kept by the Commission for use at elections.

     (2) The leader of a Political Party may apply to the Commission for entry in the register of symbols to be used by his Political Party.

     (3) The Commission shall register the symbol of a Political Party upon payment of the prescribed fee if it is satisfied -

     1. that no other symbol of the same design is registered;

     2. that the symbol is distinctive from any other symbol already registered; and

     3. that its use will not be offensive or otherwise objectionable howsoever.

     (4) The Commission shall without the refund of any fee remove a symbol from the register of symbols if -

     1. a Political Party in whose name it is registered requests the removal; or

     2. the Commission is of the opinion that the Political Party in whose name the symbol is registered has ceased to exist or to use the symbol;

     (5) The fee for registration of a symbol shall be as may be prescribed by the Commission.

     (6) Nothing in this section shall authorize the allotment or registration for use at any election of a symbol or material part of a symbol, if it portrays -

     1. the Coat of Arms of the Federation;

     2. The Coat of Arms of another country;

     3. any device or emblem which in the opinion of the Commission is normally associated with -

        1. the offical acts of Government;

        2. armed forces of the Federation or the Nigeria Police Force or other uniformed service; or

        3. regalia of a chief or

        4. any tribe or ethnic group; or

        5. any religion or cult;

     4. any representation of a person living or dead;

     5. any symbol or part of a symbol which under the provisions of this section continues to be registered by another Political Party.

     (7) Subject to the foregoing provisions of this section, the symbol allotted to a Political Party and in use immediately before the coming into force of this Part of this Act shall continue to be available to and be used by that Political Party without payment of the fee mentioned in subsection (2) of this section.

     Allocation of Symbols

102. Where a symbol is registered by a Political Party in accordance with this Act, the Commission shall allot the symbol to any candidate sponsored by the Political Party.

     Merger of Political Parties

103. (1) Any two or more registered Political Parties may merge on approval by the Commission following a formal request presented to the Commission by the Political Parties for the purpose PROVIDED that there shall at no time be less than two Political Parties opering in the country.

     (2) Any Political Parties intending to merge shall give to the Commission three months notice of their desire to do so, and the notice shall be accompanied by: -

     1. a special resolution passed by the National Convention of each of the parties proposing to merge, approving the merger;

     2. the proposed full name and acronym, constitution, manifesto, symbol or logo of the party together with the addresses of the National, State and Local Government Area offices of the merged Party;

     3. names of members of the proposed Executive Committees of the Party at National, State, Local Government and Area Council levels; and

     4. evidence of payment of processing fee as may be prescribed by the Commission.

     (3) The written request for merger shall be sent to the Chairman of the Commission and shall be signed jointly by the National Chairman, Secretary and Treasurer for the time being of the different Political Parties proposing the merger.

     (4) On receipt of the request for merger of any Political Parties the Commission shall forthwith consider the request, approve or disapprove the proposed merger and communicate its decision to the Parties concerned before the expiration of ninety (90) days from the date of the receipt of the formal request.

     (5) If the request for the proposed merger is provided, the Commission shall forthwith withdraw and cancel the certificates of registration of all the Political Parties opting for the merger and substitute therefore a new and single certificate of registration in the name of the merged party.

     (6) No application for merger of Political Parties received by the Commission less than twelve months before a Presidential election in the country shall be considered by the Commission.

     Finances of Political Parties

104. (1) Every Political Party shall, at such times and in such manner as the Commission may require, submit to the Commission a statement of its assets and liabilities.

     (2) Every Political Party shall submit to the Commission a detailed annual statement and analysis of its sources of funds and other assets, together with a statement of its expenditure in such a form as the Commission may from time to time require.

     (3) No Political Party shall -

     1. (a) hold or possess any funds or other assets outside Nigeria; or

     2. (b) be entitled to retain any funds or other assets remitted or sent to it from outside Nigeria.

     (4) Any funds or other assets remitted or sent to a Political Party outside Nigeria shall be paid over or transferred to the Commission within twenty-one days of its receipt with such information as the Commission may require.

     (5) The COmmission shall have power to give directions to Political Parties regarding the books or records of financial transactions which they shall keep and, to examine all such books and records.

     (6) The powers conferred on the Commission under subsection (4) of this section may be exercised by it through any member of its staff or any person who is an auditor by professionl, and who is not a member of a Political Party.

     (7) A Political Party which contravenes the provisions of subsection (3) or (4) of this sectionis guilty of an offence and liable on conviction to a fine of N100,000, and -

     1. every principal officer of the Political Party at its Headquarters, is also guilty of the same offence and liable to conviction to a fine of N20,000 or imprisonment for a term of 2 years or to both such fine and imprisonment; and

     2. any other person who aids or abets a Political Party in the Commission of the offence is also guilty of the offence and liable to conivction to a fine of N20,000 or to imprisonment for a term of 1 year or to both such fine and imprisonment.

     (8) Every principal national officer of the Political Party shall:

     1. within 30 days after the coming into force of this Act, or

     2. immediately after taking office; and

     3. thereafter at the end of his term of office,

     submit to the Commission a written declaration of all his properties, assets and liabilities and those of his unmarried children under the age of 18 years.

Report of accounts of Political Parties

106. (1) The Commission shall in every year prepare and submit to the Federal GOvernment a report on the accounts and balance sheet of every Political Party registered under this Act.

     (2) The Commission shall, in preparing the report under subsection (1) of this section, carry out such investigation as may enable it to form an opinion as to whethere proper books of account and record of items of income and expenditure have been kept by each Political Party, and accordingly, report as to its findings.

     (3) The Commission, any of its officers or agents -

     1. shall have the right at all times to look into the books of accounts of a Political Party and all other documents relating to those accounts; and

     2. may demand such information as may be necessary for the performance of the duties of the Commission under this Decree, and report any difficulty encountered in obtaining the information.

     (4) A Political Party which refuses to allow the Commission access to its books of account or to give the Commission any information it may demand in this respect is guilty of an offence and liable on conviction to a fine of N50,000 payable jointly and severally by the Natioanl Chairman, Secretary and Treasurer of the Political Party.

     Statement as to election expenses

107. (1) Notwithstanding any other provision of this part of this Act, the statement relating to the election expenses of a Political Party as prescribed in section 109 of this Act shall be submitted to the Commission in a separate audited account as in Form PP.3 in the Schedule to this Act not later than 90 days from the date of the election.

     Grant to Political Parties

108. (1) The Federal Government may approve a grant for disbursement to the Political Parties contesting elections after the coming into force of this Act.

     (2) The grant approved in pursuance of subsection (1) of this section shall be made to the Commission which shall distribute the grant to the Political Parties in the following manner, that is

     1. 50% of the grant shall be shared equally among the registered Political Parties at the commencement of the electioneering campaign in respect of the electoin for which the grant has been made;

     2. the remaining 50% of the grant shall be shared among the registered Political Parties, after the result of the elections have been known, in proportion to the number of seats won by each paty in the Senate and House of Representatives.

     Annual grant to Political Parties for their operations

109. (1) Notwithstanding the provisions of this Act, the Federal Government may make an annual grant to the Commission for distribution to the registered Political Parties to assist them in their operation.

     (2) The Commission shall have power to place limitation on the amount of money or other assets which an individual can contribute to a Political Party.

     Election expenses of Political Parties

110. (1) For the purposes of an election, "election expenses" means expenses incurred by a Political Party within the period from the date notice is given by the Commission to conduct an election up to and including the polling day in respect of the particular election.

     (2) Election expenses incurred by a Political Party for the management or the conduct of an election shall not exceed in the aggregate the sum determined by multiplying five Naira by the number of names appearing in the infal voters' list for each constituency where there is a candidate sponsored by the Political Party.

     (3) Election expenses of a Political Party shall be submitted to the Commission in a separate audited return within three months after polling day. The return shall be signed by the party's auditor and countersigned by the party leader and shall be supported by a sworn affidavit as to the correctness of its contents. THe Commission may cause the return so submitted to be published.

     (4) The return referred to in subsection (3) of this section shall show the amount of money expended by or on behalf of the party on election expenses, the items of expenditure and commercial value of goods and services received for election purposes.

     (5) Any Political Party which incurs election expenses beyond the limit stipulated is guilty of an offence and shall be liable on conviction to a fine N10,000 payable jointly and severally by the Chairman and the Party Treasurer.

     (6) Any Political Party which fails to submit to the Commission the audited return of election expenses as required in subsection (4) of this section or contravenes any provision of that subsection shall be guilty of an offence and shall be liable on conviction to a fine of N10,000 payable jointly and severally by the Party Chairman and the Party Treasurer.

     Saving of existing Political Parties

111. Any Political Party registered by the Commission in accordance with the provisions of any law in force immediately before the coming into force of the 1999 Constitution shall be deemed to have been duly registered under this Act.

     Interpretation

112. In this Part of the Act, unless the context otherwise requires - "association" means any body of persons (corporate or unincorporate) who agree to act together for any comman purpose and includes an association formed for any ethnic, social, cultural, occupational or religious purpose;

     "Political Party" includes any association of persons whose activities include canvassing for votes in support of a candidate for electoin to the office of President or Vice-President, Governor or Deputy Governor or membership of a Legislative House or a Local Government Council, and registered by the Commission.

     PART IV ELECTION TO LOCAL GOVERNMENT/AREA COUNCIL

113. The system of Local Government shall, under this Act, be by democratically elected Local Government/Area Councils and Area Councils throughout the Federation.

114. (1) THere shall be elected for each Local Government or Area Council in the Federation a Chairman and a Vice Chairman.

     (2) There shall be elected from every ward in a Local Government or Area Council, one Councillor.

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PART V ELECTORAL OFFENCES
Offences in relation to registration, etc.

127. Any person who -

     1. without authority, destroys, mutilates, defaces or removes or makes any alteration in any notice or document required for the purpose of registration under this Act; or

     2. knowing gives false information or makes a false statement with reference to any application for registration of his name or with reference to any objection to the retention of the name of a person in the register of voters; or

     3. presents himself to be or does any act whereby he is by what name or description so sever, included in the register of voters for a constituency in which he is not entitled to be registered; or......

     shall be guilty of an offence and liable on conviction to a fine of N5,000 or to six months imprisonment or to both.

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PART VI DETERMINATION OF ELECTION PETITIONS ARISING FROM ELECTIONS UNDER THIS ACT
Proceeding to question an election

149. (1) No election and no return at an election under this Act shall be questioned in any manner other than by a petition complaining of an undue electionor undue return (in this Act referred to as an "election petition") presented to the competent tribunal or court in accordance with the provisions of this Act and in which the person elected or returned is joined as Party.

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PART VII MISCELLANEOUS
Persons disqualified from acting as election officers

161. No person holding an elective office to which this Act relates or a registered member of a Political Party shall be eligible for or be appointed to carry out the duties of a Returning Officer, an Electoral Officer, Registration Officer, or a Poll Clerk; and any officer appointed to carry out any of those duties hsall be ineligible for nomination as a candidate while he continues to hold any such appointment.

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