Presidential and National Assembly Elections

1. There shall be presidential and National Assembly election at which:

(a) a president shall be elected for the Federal Republic of Nigeria;

(b) one Senator shall be elected from each of the three senatorial districts allotted to each of the 36 states of the Federation and from the one Senatorial District allotted to the Federal Capital Territory, Abuja; and

(c) one member of the House of Representatives shall be elected from each of the 360 Federal Constituencies in the Federation.

Qualification for Election

2. A person shall be qualified for election to the office of President or the National Assembly if:-

(a) he is a citizen of Nigeria;

(b) in the case of President, he has attained the age of 40 years;

(c) in the case of Senator, he has attained the age of 35 years;

(d) in the case of Member of House of Representatives, he has attained the age of 30 years;

(e) he has been educated up to at least the School Certificate level or its equivalent; and

(f) he is a Member of a Political Party and is being sponsored by that party.

3. A person shall not be qualified to contest the Presidential and National Assembly elections if:

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

(b) he is under a sentence of death imposed upon him by any court or tribunal in Nigeria, or a sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever name called) or for any other offence (other than misdemeanor of simple office ) imposed on him by a court or tribunal;

(c) he has been found guilty of contravention of the Code of Conduct under the Code of Conduct Bureau and Tribunal Decree 1989

(d) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria or any other country;

(e) being a person employed in the public or civil service of the Federal or of a state or of a local government area council, he has not resigned, withdrawn, or retired from such employment thirty days before the date of the election;

(f) he is a member of a secret society:

(g) he has been indicted for embezzlement of public funds or for bribery or fraud by a Judicial Commission of Inquiry, an administrative panel of inquiry or a tribunal under the Tribunals of Inquiry Act or any other law set up by the federal, state or local government which indictment has been accepted by federal, state or local government respectively.

(h) he has presented forged certificate to the commission. (I) he has been dismissed from the public or civil service of the Federation or of a state or of a local government or Area Council;

(j) he has been found guilty of an offence involving narcotic drugs or any other psychotropic substance by any court or tribunal in Nigeria or in any other country; or

(k) he has been adjudged guilty of treason or treasonable felony by any court or tribunal in Nigeria.
 

Additional Qualifications for Contesting Election

4. A person shall be qualified to contest the Presidential or National Assembly elections if:

(a) he is ordinarily resident in the constituency in which he intends to contest the election or is an indigene of that constituency;

(b) he is registered as a voter in the Constituency in which he intends to contest the election or is an indigene registered anywhere in the country;

(c) he produces evidence of tax payment as and when due for a period of three consecutive years immediately preceding the year of the election or is exempted therefrom;

(d) in the case of House of Representatives election, he has been nominated in writing by twenty persons from at least two-thirds of the wards in the local government or Area Council making up the constituency and whose names appear on the register of voters for the Federal Constituency in respect of which the election is to beheld;

(e) in the case of Senatorial election, he is nominated in writing by 30 persons coming from all the local government areas making up the Senatorial District where he intends to contest the election, whose names appear in the register of voters for their respective wards.

(f) in the case of Presidential election, he is nominated in writing by 60 persons spread in at least two-thirds of all the states of the federation whose names appear in the register of voters for their respective wards;

(g) in the case of House of Representatives election, he makes to the Commission an unrefundable deposit of N15,000 (Fifteen Thousand Naira);

(h) in the case of Senatorial election, he makes to the Commission a non-refundable deposit of N20,000.00 (twenty thousand naira);

(i) in the case of Presidential election, he makes to the Commission a non-refundable deposit of N100,000.00 (one hundred thousand naira);

(j) in the case of a presidential candidate, he has nominated a running mate for the office of Vice-President.
 

5. Subject to the provisions of any enactment or law, candidates shall campaign for the Presidential and National Assembly Elections in the following manner;

(a) campaigns shall be within the Constituency in which a candidate intends to contest the election;

(b) campaigns shall not be allowed within 12 hours preceding the date of the elections;

(c) campaigns or addresses shall be devoted to outlining what the candidate intends to do for the people of his constituency;

(d) campaigns or addresses shall not be carried out in schools, churches, mosques and other religious places, military or police barracks or stations, public offices and any other place the commission may forbid from time to time;

(e) campaigns or addresses shall not be based on sectional, ethnic or religious sentiments or prejudices;

(f) bribery or other forms of inducement to voters, either directly or indirectly, shall be avoided by candidates and the agents; and

(g) abusive or vile or derogatory language shall not be used during campaigns or addresses.
 

Qualifications of Voters

6. A person shall be eligible to vote at the presidential and National Assembly elections if: (a) he is a citizen of Nigeria;

[(a) ?]

(b) he has attained the age of eighteen years;

(c) he is ordinarily resident in the ward where he intends to vote, or is an indigene of the Ward; and

(d) he is registered as a voter in the ward where he intends to vote and has obtained a registration card to be presented at the polling station or unit on the day of the election;

(e) where, however, a person claims that his name is on the register or voters for the polling station or unit, but that his voter's card is missing or had been destroyed, the Presiding Officer shall, if:-

(i) the name of the person found in the Register of Voters for the polling station or unit; and

(ii) he satisfies himself that the person is not impersonating any other person allow the person to vote.
 

Voting by Secret Ballot

7:- (1) Voting shall be by open secret ballot and in accordance with the procedure shown in these guidelines;

(2) Voting shall take place on the same day and at the same time throughout the country; as may be announced by the commission.

8:- (1) Every registered Political party shall on or before the 30th January 1999, in the case of National Assembly elections and 12th February, 1999, in the case of presidential election, deliver to the commission;

(a) in Form C.F. 001 the personal particulars of its candidates for the election as supplied by the candidates; and (b) in Form C.F. 002 a list of candidates the political party proposes to sponsor at the election.

(2) The Commission shall on or before 7th February, 1999 in the case of National Assembly elections and on 15th February, 1999 in the case of presidential election, after receipt of the list of candidates and their personal particulars from the political parties, deliver to the political parties;

(a) in Form C.F. 003, a list of candidates who are adjudged qualified to contest the election; and

(b) where applicable, in From C.F. 004, a separate list of candidates disqualified from contesting the elections.

(3) Where a candidate is rejected, the commission shall allow the political party concerned an opportunity to substitute the candidate with another candidate provided the substitution is made within the time allowed by the Commission for the purpose.
 

Form C.F. 005

(4) Any person not satisfied with the decision of the State Screening Committee regarding qualification or disqualification of a candidate for National Assembly elections may appeal to the Commission's Headquarters, Abuja for review, using Form C.F. 005 delivered to the Chairman of the Commission on or before the 7th February, 1999.

9: (1) No Political Party shall be allowed to present more than one candidate for the same election to the Commission.

(2) No Political Party shall be allowed to replace a candidate it has presented and who has been screened and cleared by the Commission.

(3) Without prejudice to sub-paragraph (2) of this paragraph, a Political Party shall be free within the specified time to replace a candidate who has been disqualified by the Commission for any reason.
 

Non-refundable Deposit

10: (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 Paragraph 4(f) (g) or (h), as the case may be, of these guidelines, and shall at the time of the delivery of the nomination paper produce and show to the Electoral Officer or the Resident Electoral Commissioner, the official receipt for the said sum.

(2) No nomination shall be valid unless it is backed by the receipt for the deposit made in accordance with sub-paragraph (1) of this paragraph.
 

Nomination Papers: Forms E.c. 4a, E.c. 4c and E.c. 4d

11: A candidate or any person nominating him shall obtain the nomination paper in Form E.C. 4CA, E.C. 4C or E.C. 4D as the case may be, from the place appointed by the Commission for the purpose.

12: (1) If after the latest time for the delivery of nomination papers and for withdrawal of candidates for the National Assembly elections, more than one candidate remains duly nominated, a poll shall be taken and the candidate with a simple majority of votes cast at the election shall be returned as elected.

13: (1) Where in an election to the office of President one of the candidates nominated for the election is the only candidate after the close of nomination by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates the Commission shall extend the time for nomination.

(2) A candidate for an election to the Office of President shall be deemed to have been duly elected to office where being the only candidate nominated for the election.

(a) he has a majority of yes votes over no votes cast at the election; and

(b) he has not less than one-third of the Yes votes cast at the election in each of at least two-thirds of all the states of the Federation and the Federal Capital Territory, Abuja, but where the only candidate fails to be elected in accordance with this sub-paragraph, then there shall be fresh nominations.

(3) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being only two candidates for the election:-

(a) he has the 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 states of the Federation and the Federal Capital Territory, Abuja.

(4) If no candidate is duly elected in accordance with sub-paragraph (3) of this paragraph the Commission shall within 7 days arrange for another election between the two candidates, and a candidate at this last election shall become duly elected if he scores a simple majority of the votes cast at the election.

(5) A candidate for an election to the Office of President 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 states of the Federation and the Federal Capital Territory, Abuja.

(6) Where no candidate is duly elected in accordance with sub-paragraph (5) of this paragraph, there shall be a second election in accordance with sub-paragraph (7) of this paragraph at which the only candidate shall be- (a) the candidate who scored the highest number of votes cast at the election; (b) one among the remaining candidates who has the highest number of votes in the highest number of states including the Federal Capital Territory, Abuja. So, however, that where there are more than one candidate with the highest number of votes in the highest number of states including the Federal Capital Territory, Abuja, one among them with the highest total number of votes cast at the election shall be the second candidate for the election.

(7) In default of a candidate duly elected under sub-paragraph (5) of this paragraph, the Commission shall within 7 days of the result of the election held under that sub-paragraph, arrange for another election between the two candidates selected under sub-paragraph (6) of this paragraph, and a candidate at such election shall be deemed to have been duly elected to the Office of President if he has a simple majority of the votes cast at the election.
 

Party agents

14: (1) Each candidate may appoint one person as his Party Agent for each polling station and collation centre in the constituency in which he is contesting the election.

(2) Notice in writing shall be given to the commission by each candidate not later than two days before the day of the election conveying the names and addresses of his party agents and the respective polling stations or units to which they have been assigned by the candidate.
 

Allocation of polling stations or units

15: (1) No person shall be permitted to vote at any Polling Station or unit other than the one at which he is entitled to vote according to his area of location.

(2) The Presiding Officer shall regulate the admission of voters to the Polling Station, and shall exclude all other persons except candidates, party agents, poll clerks, poll orderly, security personnel and any other person who in his opinion has lawful reason to be admitted.
 

Accreditation procedure

16: (1) The accreditation of voters shall commence on the day and time stipulated by the commission

(2) The Presiding Officer shall;

(a) cross check the voter's card of a person applying for accreditation against the register and may ask the voter if required by a candidate or the party agent, the following questions or any of the questions; that is-

(i) "Are you the person whose name is on the register of voters as follows........ (reading the copy of the entry in the register" (ii) "Are you a person above 18 years of age?"

(b) not accredit any voter who answers the questions in sub-paragraph (2) (a) of this paragraph in the negative;

(c) mark the name of the voter in register with biro:

(d) stamp and sign each voter's card at the back with the appropriate stamp and state the date and type of election in code; and

(e) enter in Form EC 8A, Statement of Result Form, the number of persons registered to vote at the Polling Station, the number of registered voters accredited, the serial numbers of the ballot papers issued to the Polling Station, the serial numbers of the balance of unused ballot papers and the number of accredited voters standing in the queue at the commencement of voting.

(3) The Presiding Officer and the Party Agents shall sign form EC 8A to authenticate the numbers entered therein.
 

Closing of accreditation

17. When the prescribed hour for the closing of accreditation has been reached, the Presiding Officer shall declare accreditation closed and no more personas shall be admitted to the Polling Station, but those persons already inside the Polling Station shall be accredited and be allowed to vote.
 

Post-accreditation procedure

18. At the close of accreditation, the Presiding Officer shall -

(a) explain the voting procedure to be followed;

(b) introduce the Poll Clerk, Poll orderly and Party agents;

(c) explain the activities which constitute election offences within the polling zone, including penalties for committing each offence; (d) call the roll of accredited voters
 

Voting at National Assembly and Presidential elections

19. After compliance with the provisions of paragraph 18 of these guidelines the presiding officer shall -

(a) announce the commencement of voting;

(b) request the credited voters to line up;

(c) separate the queue between men and women if, in that area of the country, the culture is such that it does not permit the mingling of men and women in the same queue.

(d) request security agents or poll orderlies to stand at the end of the queue behind the last accredited voter and request the voters in the queue to show their voter's cards duly stamped by the presiding officer;

(e) issue accredited voters with two ballot papers in the case of national assembly election and one ballot paper for presidential election

(f) direct voters to the voting table, where, after thumb-marking the ballot papers/paper secretly, they shall vote in the full view of all present;

(g) count the votes at the close of poll in the presence of the voters;

(h) enter the scores of the candidates in Form E.C. 8A of E.C 8A (I), as the case may be;

(i) announce loudly the number of votes received by each of the candidates; and

(j) give copies of Form E.C. 8A or E.C 8A(I) as the case may be, to the party agents and the police, if available and take the original to the Ward Collation Officer.
 

Collation of votes for National Assembly elections at the Ward

20. The Ward Collation Officer shall -

(a) take delivery of all Forms E.C. 8A and E.C. 8A (I) for the Senatorial and House of Representatives elections respectively from the Presiding Officers;

(b) collate the votes entered in Form E.C. 8A, in the case of Senatorial election and Form E.C 8A (I) in the case of House of Representatives election, using Form E.C. 8B or From E.C 8B (I), as the case may be;

(c) enter the votes in both words and figures in the appropriate space in Forms E.C 8B and E.C 8B (I) respectively, sign the forms and get the agents to sign too;

(d) give copy of Forms E.C 8B and E.C 8B(1) respectively to each Party Agent and the Police, if available at the Ward Collation Centre;

(e) take the originals of Form E.C 8B to the Local Government Area Collation Officer for the Senatorial election;

(f) take the originals of Form E.C 8B (1) to the Federal Constituency Returning Officer, in the case of a Federal Constituency made up of not more than one Local Government Area; or

(g) take the originals of Form E.C 8B (1) to the Local Government Area Collation Officer, in the case of a Federal Constituency made up of more than one Local Government Area.
 

Collation at Federal Constituency made up of one Local Government Area

21. The Federal Constituency Returning Officer, in the case of a Federal Constituency made up of not more than one Local government Area, shall:

(a) take delivery of all original Forms E.C 8B (I) from the Ward Collation Officers together with other materials pertaining to the House of Representatives election;

(b) collate the House of Representatives election by entering the scores of each candidate in the original Forms E.C 8B(1) into Form E.C 8C(I) in words and figures, sign the form and ask the Party Agents to countersign;

(c) cross-check the figures in Form E.C 8C(1) and distribute copies of the form to Party Agents and the Police if they are available at the Collation Centre;

(d) enter the score of each candidate into the Declaration of Result Form E.C 8E(1) for the House of Representatives election; and

(e) declare the result for the Federal Constituency and return the candidate with the simple majority of votes as duly elected.
 

Collation at Local Government Area level for Federal Constituency with more than one LGA

22. The Local Government Area Collation Officer, in the case of a Federal Constituency made up of more than one Local Government Area, shall:-

(a) take delivery of all original Forms E.C 8B(I) from the Ward Collation Officers together with other electoral materials pertaining to the House of Representatives election;

(b) collate the result of the House of Representatives election by entering the votes in the original Forms E.C 8B(I) into Form E.C 8C(I) in words and figures, sign the form and ask the Party Agents to countersign;

(c) cross-check the figures in Form E.C 8C(I), announce the scores of the candidates loudly and distribute copies of the form to Party Agents and the Police if available at the Collation Centre; and

(d) take the original Form E.C 8C(I) to the designated Collation Centre for the Federal Constituency where he shall hand same over to the Returning Officer for the Constituency together with other materials relating to the House of Representatives election.

23. The Returning Officer, in the case of Federal Constituency with more than one Local government area, shall:-

(a) collate the scores of the candidates from Form E.C. 8C(I) to Form E.C 8D(I);

(b) enter the votes in both words and figures in the spaces provided in the said Form E.C 8D (I).

(c) cross-check the figures in Form E.C. 8D(I), sign the form, ask the Party Agents to countersign and distribute copies of same to Party Agents and the Police if available at the Collation Centre;

(d) enter the scores of the candidates in the Declaration of Result Form E.C 8E(I) for the House of Representatives election; and

(e) declare the result for the Federal Constituency and return the candidate who has scored the simple majority of votes as duly elected.
 

Collation of result of Senatorial election at Local Government Level

24. The Local Government Area Collation Officer for the Senatorial election shall:-

(a) receive the originals of Form E.C. 8B for the Senatorial election from the Ward Collation Officers together with other materials pertaining to the Senatorial election;

(b) enter the scores of the candidates from the Forms E.C 8B to Form E.C 8C in words and figures;

(c) cross-check the figures, sign the Form E.C 8C, ask the Party Agents to countersign, announce the scores of each candidate loudly and distribute copies to the Party Agents and the Police if available at the Collation Centre; and

(d) take the original Form E.C 8C together with other materials pertaining to the election to the Returning Officer for the Senatorial election.
 

Collation at designated collation centre for the Senatorial District

25 The Returning Officer for the Senatorial District shall at the designated District Collation Centre

(a) take delivery of all the original Forms E.C 8C from the Local Government Area Collation Officers together with other materials pertaining to the Senatorial election;

(b) enter the scores of the candidates from Forms E.C. 8C to Form 89D in words and figures;

(c) sign the duly completed Form E.C. 8D, ask the Party Agents to countersign if available at the Collation Centre;

(d) cross-check the figure in Form E.C. 8D and distribute copies of same to the Party Agents and the Police, if available at the Collation Centre;

(e) enter the scores of the candidates in the Declaration of Result Form E.C. 8E for the Senatorial election;

(f) declare the result of the Senatorial District and return the candidate who has scored the simple majority of votes as duly elected; and

(g) return to the Resident Electoral Commissioner for the State the originals of Forms E.C. 8D and E.C 8E together with other materials pertaining to the Senatorial election.
 

Presidential election

26. The Presiding Officer having complied with paragraph 19 of these guidelines on the Presidential election shall take the original of Form E.C. 8A to the Ward Collation Centre.

27 The Ward Collation Officer of the Presidential election shall:

(a) take delivery of original of Forms E.C 8A for the Presidential Election from the Presiding Officers from the Polling Station or Units;

(b) collate the scores from Forms E.C 8A using Form E.C 8B, entering them in both words and figures in the spaces provided:

(c) sign the Form E.C 8B, request the Party Agents if available at the Ward Collation Centre; to countersign the Form and loudly announce the score of each Presidential candidate;

(d) give copies of Form E.C 8B to Party Agents and the police, if available; and

(e) take the original of Form E.C 8B together with other materials returned to him by the Presiding Officers to the Local Government Area Collation Centre.
 

Collation at the Local Government Area Centre

28. The Local Government Area Collation Officer for the Presidential Election shall:

(a) take delivery of the originals of Forms E.C 8B from the Ward Collation Officers together with other electoral materials relating to the election,

(b) collate the scores from Forms EC. 8B, using Form EC 8C, entering them in both words and figures in the spaces provided;

(c) cross-check the figures carefully, announce loudly the scores of each candidate and distribute copies of Form EC. 8C to Party Agents and the Police, if available at the collation centre; and

(d) take the original of Form EC. 8C together with other materials returned to him by the Ward Returning Officers to the State Collation Centre.
 

Collation at State Level

29. The State Collation Officer for the Presidential Election shall:

(a) take delivery of the originals of Form EC. 8C from the Local Government Area Collation Officers together with other electoral materials relating to the election;

(b) collate the scores from Forms EC, 8C, using Form EC. 8D, entering them in both words and figures in the spaces provided

(c) cross-check the figures carefully, announce loudly the scores of each candidate and distribute copies of Form EC. 8D to Party Agents and the Police, if available at the State collation centre; and

(d) take the original of Form EC. 8D together with other materials relating to the election which were returned to him by the Local Government Area Collation Officers, to the national collation centre.
 

Collation at the national level

30. The Returning Officer for the Presidential election at the national level shall:

(a) take delivery of the original of Form EC. 8D from the state Collation Officers, together with other electoral materials relating to the election;

(b) collate the scores from Forms EC. 8D, using Form EC. 8DA, entering them in words and figures in the spaces provided;

(c) cross-check the figures, carefully sign Form EC. 8DA, request the Party Agents to countersign the Form and issue copies to the Party Agents and the Police if available at the national level collation centre;

(d) enter the scores of the candidates in Form EC. 8E for the declaration of the Presidential election result,

(e) complete carefully Form EC. 8E and sign the same;

(f) declare the result of the Presidential election and return the candidate who has complied with the requirements of the law and scored the majority of votes at the election.
 

Decision of Returning Officer is final

31. The decision of the Returning Officer in respect of each of the election covered by these Guidelines on any question arising from or relating to: (a) ballot papers; (b) scores of candidates; or
(c) return of a candidate, shall be final, and subject to review only by an Election Tribunal or the Constitutional Court, in an election petition proceedings.
 

Equality of votes

32. Subject to the provisions of these Guidelines, if two or more candidates pull equal number of votes, the Returning Officer shall not return any of the candidates and a fresh election shall be held for the candidates on a date to be appointed by the Commission
 

Certificate of return at election

33. A sealed Certificate of Return at election shall be issued to every candidate who has been returned at an election under these Guidelines.
 

Resolution of an election dispute

34. Dispute arising from an election under these Guidelines shall be resolved through an election petition brought before an Election Tribunal which shall be established for the purpose or the Constitutional Court, as the case may be.
 

Election petition

35 (1) An election petition shall be brought within 21 days in the case of a National Assembly election, and 14 days in the case of Presidential election.

(2) An election petition shall be heard and determined within 60 days in the case of a National Assembly election, and within 21 days in the case of Presidential election, from the date on which it is filed.
 

Election Appeal

36 (1) An appeal against the decision of an Election Tribunal in respect of a National Assembly Election shall lie to the Constitutional Court.

(2) An appeal against the decision of the Constitutional Court in respect of Presidential election shall lie to the Supreme Court.
 

Time within which to bring an appeal

37 (1) An appeal against the decision of an election Tribunal in respect of a National Assembly election shall be brought within 7 days from the date of the decision appealed against.

(2) An appeal against the decision of the Constitutional Court in respect of Presidential election shall be brought within 7 days from the date of the decision appealed against.