INEC : Arrogating too much to itself (II)
Mobolaji E. Aluko,PhD alukome@gmail.com
Burtonsville, MD, USA
continue from last Friday
(b) he has been elected to such office at any two previous elections; or
(c) under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsou
nd mind;
(d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for any offence involving dishonesty or fraud (by whatever name called) or fora any other offence, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or
(e) within a period of less than ten years before the date of the election to the office of President he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the Code of Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria or any other country; or
g) being a person employed in the civil or public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government, respectively; or
(j) he has presented a forged certificate to the Independent National Electoral Commission.
(2) Where in respect of any person who has been -
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt
(e) 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 is abandoned, whichever is earlier.
APPENDIX III: electoral act 2006
Notice of election. 31. (1) The Commission shall not later than 150 days before the day appointed for holding of an election under this Act publish a notice in each State of the Federation and the Federal Capital Territory-
(a) stating the date of the election; and
(b) appointing the place at which nomination papers are to be delivered.
(2) The notice shall be published in each constituency in respect of which an election is to be held.
(3) In the case of a by-election, the Commission shall, not later than 14 days before the date appointed for the election, publish a notice stating the date of the election.
Submission of list of candidates and their affidavits by political parties.
32. (1) Every political party shall not later than 120 days before the date appointed for a general election under the provisions of this Act, submit to the Commission in the prescribed forms the list of the candidates the Party proposes to sponsor at the elections.
(2) The list shall be accompanied by an Affidavit sworn to by each candidate at the High Court of a State, indicating that 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 constituency where the candidate intends to contest the election.
(4) Any person who has reasonable grounds to believe that any information given by a candidate in the Affidavit is false may file a suit at the High Court of a State or Federal High Court against such person seeking a declaration that the information contained in the Affidavit is false. 5) If the Court determines that any of the information contained in the Affidavit is false the Court shall issue or Order disqualifying the candidate from contesting the election.
(6) A Political Party which presents to the Commission the name of a candidate who does not meet the qualifications stipulated in this section, shall be guilty of an offence and on conviction shall be liable to a maximum fine of N500, 000.00.
(7) Every political party shall not later than 14 days before the date appointed for a bye-election by the Commission submit the list of candidates from the party for the bye-election.
Prohibition of double nomination.
33. (1) A candidate for an election under this part of the Act shall be nominated in writing by such number of persons as prescribed by the Commission whose names appear on the register of voters in the constituency.
(2) No person shall nominate more than one person for an election to the same office.
(3) Any person who contravenes subsection (2) of this section shall be guilty of an offence and on conviction be liable to a maximum fine of N50,000 or imprisonment for three months or both but his action shall not invalidate the nomination.
(4) 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.
(5) No person who has subscribed as a nominator shall so long as the candidate stands nominated withdraw his nomination.
political parties changing candidates.
34. (1) A Political Party intending to change any of its candidates for any election shall inform the Commission of such change in writing not later than 60 days to the election.
(2) Any application made pursuant to subsection (1) of this section shall give cogent and verifiable reasons.
(3) Except in the case of death, there shall be no substitution or replacement of any candidate whatsoever after the date referred to in subsection (1) of this section .
publication of nomination
35 The Commission shall, at least thirty (30) days before the day of the election publish by displaying or causing to be displayed at the place or places appointed for the delivery of nomination paper and such other places as it deems fit, a statement of the full names of all candidates standing nominated.
36. (1) 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 convey such withdrawal to the Commission and which shall only be allowed not later than 70 days to the election.
(2) Where the Commission is satisfied that a candidate has withdrawn as provided in subsection (1) of this section, his Political Party shall be allowed to nominate another candidate not later than 60 days before the date of election.
Concluded