REGULATIONS FOR 2017 LOCAL GOV COUNCIL ELECTIONS

2017

JIGAWA STATE INDEPENDENT ELECTORAL COMMISSION (JISIEC) APPROVED GUIDELINES AND REGULATIONS FOR THE CONDUCT OF 2017 LOCAL GOVERNMENT COUNCIL ELECTIONS

TABLE OF CONTENT
  • THE ELECTIONS
  • ELIGIBILITY TO VOTE
  • QUALIFICATION FOR CONTESTING ELECTION
  • DISQUALIFICATION
  • SUBMISSION OF LIST OF CANDIDATES AND THEIR PARTICULARS
  • CAMPAIGN FOR ELECTION
  • VOTING BY OPEN SECRET BALLOT SYSTEM
  • ELECTION DEPOSITS
  • ELECTION OF CHAIRMAN INVOLVING MORE THAN TWO CANDIDATES
  • TWO OR MORE CANDIDATES
  • ALLOCATION OF POLLING STATIONS
  • POLLING AGENTS
  • CONDUCT OF ELECTION
  • CLOSING OF POLL
  • COUNTING OF VOTES
  • COLLATION AND DECLARATION OF RESULT
  • ISSUANCE OF CERTIFICATE OF RETURN AT ELECTION

  • In exercise of the powers conferred by the constitution of the Federal Republic of Nigeria 1999 (as amended) and to Jigawa State Electoral Commission CAP J19 laws of Jigawa State 2012, the Jigawa State Independent Electoral Commission (JISIEC) herein referred to as “the Commission” issues the following Guidelines and Regulations for the 2017 Local Government Councils Elections.

    1. THE ELECTIONS
      1. The Commission shall conduct Elections into the following offices;
        1. Chairman and Vice Chairman
        2. Councilors
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    2. ELIGIBILITY TO VOTE
      1. A person shall be eligible to vote at the election if;
        1. He is a citizen of Nigeria
        2. He has attain the age of eighteen years (18)
        3. He is ordinary resident in the ward or constituency where he intends to vote, or is an indigene of that ward or constituency; and
        4. He is registered as a voter in the ward or constituency, and has obtained a permanent voters card PVC to be presented at the polling station or unit on the day of the election.
      2. Whenever PVC is lost, destroyed, defaced, torn or otherwise damaged, the voter shall apply in person to the Electoral Officer or any other officer duly authorized for that purpose by the Resident Electoral Commissioner of INEC, stating the circumstances of that loss, destruction, defacement or damage.
      3. If the Electoral officer is satisfied as to the circumstances of the loss, destruction, defacement or damage of voter’s card, he shall issue to the voter a duplicate voter’s card with the word “DUPLICATE” clearly marked or printed on it, showing the date of issue and provided his/her name is on the voters register of that polling unit.
      4. No person shall issue a duplicate voters card to any voter on polling day or within seven days before polling day.
      5. No application under paragraph 2(2) received less than 14 days before the date of an election shall be considered by the Commission.
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    3. QUALIFICATION FOR CONTESTING ELECTION
      1. A person shall be qualified to contest for the office of Chairman, Vice Chairman, or Councilor if;
        1. She/he is a citizen of Nigeria
        2. Is educated up to at least school certificate level or its equivalent
        3. In the case of Chairmanship election, he is nominated in writing by 30 persons coming from at least two third of all wards in the Local Government Area where he intends to contest the election whose name appear in the register of voters for their respective wards;
        4. In the case of councillorship election, he is nominated in writing by 20 persons whose names appear in the register of voters for the ward in which he intends to contest the election.
        5. In the case of Chairman or Vice Chairman, he must be at least 30 years of age
        6. In the case of councilor, he must at least 25 years of age
        7. Is a member of a political party and is sponsored by that party.
        8. She/he has resigned his employment in the public or civil service at least not later than 30 days before the date of election.
        9. Is ordinary resident in the ward or constituency in which he is contesting an election or is an indigene of that ward or constituency;
        10. She/he produces evidence of Tax payment as and when due for a period of three years immediately preceding the year of election;
        11. Every candidate shall before his nomination paper is delivered `to the electoral officer, deposited or cause to be deposited with the commission a non refundable deposited, in the case of;
          1. Chairman of the Local Government Council N500,000.00
          2. Councilor N200,000.00
        12. He has not been dismissed from the public service of the Federation or a state or a Local Government, or from any Employment in the private sector.
        13. He has not been found guilty of any offence involving narcotic drugs or any other psychotropic substance under any enforced in Nigeria;
        14. He is registered and qualified to vote in the constituency where he intends to contest the election; and
        15. He has not been adjudged guilty of economic sabotage against Nigeria or of treason of treasonable felony or of disruption of public peace or security by any court of law or tribunal,
        16. He is not a member of any secret society.
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    4. DISQUALIFICATION
      1. A person shall not be qualified to hold the office of Chairman, Vice Chairman or Councilor if;
        1. He has voluntarily acquired the citizenship of a country other than Nigeria or except in such cases as may be prescribed by the Federal Government or the National Assembly as the case may be, he has made a declaration of allegiance to such other country;
        2. He has been found guilty of contravention of the code of conduct under the code of conduct Bureau and Tribunal Act;
        3. He is adjudged to be a lunatic or declared to be of unsound mind under any law enforced in any part Nigeria.
        4. He is under a sentence of death impose on him by any court of law or Tribunal in Nigeria;
        5. Nomination shall not be valid unless such amount is paid and the receipt for the sum produced in the manner required by these guidelines.
        6. He is a person employed in the public service of the Federation or of any State or Local Government and he has not resigned withdrawn or retired from employment – 30 days before date of election.
        7. He has been elected to such office at any two previous elections in the case of Chairman.
        8. He has presented a forged certificate or false information to the Commission.
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    5. SUBMISSION OF LIST OF CANDIDATES AND THEIR PARTICULARS
      1. Every registered political party shall, not later than 30 days before the date appointed for the election, delivered to the Commission;
        1. In form JISIEC 001 the personal particulars of its candidates for the election as supplied by the candidates; and
        2. In form JISIEC 002 a list of candidates the political party proposed to sponsor at the election;
      2. The Commission shall within 7 days after the received of the list of candidates and their personal particulars from the political parties, deliver to the political parties;
        1. In form JISIEC 003, a list of candidates who are adjudged qualified to contest the election; and
        2. Where applicable, in form JISIEC 004, a separate list of candidates disqualified from contesting the election.
      3. Where a candidate is not qualified to contest for an election, the Commission shall permit the political party concerned to provide a substitute for the candidate PROVIDED the substitution is made within the time allowed by the Commission for that purpose.
      4. No candidate who has been cleared to contest an election shall be prevented from contesting the election for any reason whatsoever, or substituted except the candidate dies or voluntarily withdraws his candidature.
      5. Any person not satisfied with the decision of the Local Government screening and clearance committee regarding qualification or disqualification of the candidate may appeal to the Commission’s headquarters for a review using form JISIEC 005. The appeal shall be submitted to the Chairman Independent Electoral Commission not later than 48 hours form the time of disqualification.
      6. A candidate or any person nominating him shall obtain the nomination paper in form JISIEC 4F form the place appointed by the commission for that purpose.
      7. No political party should sponsor more than one candidate in the constituency for the same election.
        1. if, after the latest time for delivery of nomination papers and withdrawal of candidates as provided for in these guidelines there is one person whose name is validly nominated in that respect of an election, that person shall be returned unopposed.
        2. Where a person is declared elected under the provision of sub-paragraph, a declaration of result form as may be prescribed by the Commission shall be completed and a copy thereof issued to the person by the Returning Officer while the original shall be returned the Commission as in the case of a contested election.
      8. If after latest time for the delivery of nomination papers and the withdrawal of candidates for an election under these guidelines more than one candidate remains validly nominated, a poll shall be taken.
      9. A candidate for election to the office of the Chairman, and councilor who remains the only candidate validly nominated for the election shall be returned unopposed.
      10. Where a nomination form signed by a candidate for an election and by persons nominating him is lodged in more than one constituency or such a candidate is nominated for election in more than one constituency, his nomination shall be declared void and his candidature should accordingly be voided in each such constituency where the nomination form has been lodged, or nomination made.
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    6. CAMPAIGN FOR ELECTION
      1. Candidates shall campaign for the Local Government elections in the following manner;
        1. Candidates shall be free to campaign within the ward or constituency in which they intend to contest the election during the time allowed by the commission;
        2. Campaigns and addresses may be undertaken by candidates during which they may outline what they intend to do for the people of their constituency.
        3. Campaign should not be carried in Schools, Mosques, Churches, other religious places, Military and Police barracks and stations, public offices and such other places as the Commission may from time to time determined;
        4. Campaigns and addresses shall abide by all other existing laws, rules and guidelines relating thereto;
        5. No candidate shall base his campaign or address on sectional differences or on anything which is against public interest or public peace;
        6. Candidates should offer bribes or other form of inducement to voters either directly or indirectly; and
        7. Candidates, their agents or political parties shall not in the course of campaign or addresses using abusive, vile, intemperate or derogatory language.
        8. Open Air Campaign: Open air campaign shall cease from 12 noon on the night proceeding the election day.
        9. Polling Unit: Party emblem, Logo, Slogan and any form of campaign materials shall not be permitted within 300 meters from the polling units.
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    7. VOTING BY OPEN SECRET BALLOT SYSTEM
      1. Voting shall take place on the same day throughout the state in accordance with the procedure shown here under. Voting shall be by open secret ballot at the various polling stations or units designed by the commission. The commission shall announce the date and time of the election.
      2. Notwithstanding, the provisions of sub-paragraph (1) above voting may hold on the other day as the Commission may determine provided the circumstances justify the inability to hold the election on the day announced in sub-paragraph (1) above.
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    8. ELECTION DEPOSITS
      1. Every candidate shall before his nomination paper is delivered to the Electoral officer, deposit or cause to be deposited with the Commission the stated in the guidelines and shall at the time of the delivery of his nomination papers submit a copy of his official receipt for the said sum.
      2. Nomination shall not be valid unless such amount as stated in the guidelines is paid and the receipt for the sum is produced in the manner required by sub-paragraph (1) above.
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    9. ELECTION OF CHAIRMAN INVOLVING MORE THAN TWO CANDIDATES
      1. Where in the election of the office of the Chairman;
        1. At the close of nomination, one of the candidates nominated for the election is the only candidate by reason of disqualification, incapacitation, withdrawal, disappearance, or death of the other candidate, the Commission shall extend the time of nomination by 7 days; where after the extension only one candidate remains validly nominated, there shall be no more further extension.
        2. A candidate for an election to the office of Chairman shall be deemed to have been duly elected to the office where he has a majority of votes cast at the election. Election: if one candidate is validly nominated at the expiration of nomination such candidate is thus declared elected or returned unopposed.
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    10. TWO OR MORE CANDIDATES
      1. Where 2 or more candidates score equal number of the votes after an election the Commission shall within 7 days conduct another election for the purpose of determining a winner.
      2. The exercise in sub – section (1) above shall continue until a winner emerges.
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    11. ALLOCATION OF POLLING STATIONS
      1. No person shall be permitted to vote at any polling unit other than the one at which he is entitled to vote according to his area or location.
      2. The presiding officer shall regulate the admission of voters to the polling unit and shall exclude all other persons except Candidates, Police, Agents, Poll Clerks, Polling Orderlies, and any other person who in his opinion has lawful reason to be admitted.
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    12. POLLING AGENTS
      1. A political party sponsoring a candidate may be by notice, appoint one person as its polling agent for each polling unit, one party agent for each collation center and a representative at each point of distribution of electoral materials in the constituency where it is sponsoring candidate(s) for election.
      2. Each political party may by notice appoints one person as its polling agent for each polling unit and collation center in the constituency where it is sponsoring candidate(s) for election.
      3. The notice shall contain the names, addresses and recent passport photographs of the polling agent/party agent and the respective polling unit or collation centers to which they have been assigned and submitted not later than 7 days before the election.
      4. No person shall be qualified to be appointed or serve as a polling agent/part agent to any political party if, being a person employed in the public service of the Federation or of any State or Local Government She/he has not resigned or withdrawn or retired from such employment at least 90 days before the date of the election.
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    13. CONDUCT OF ELECTION
      1. Every person desiring to cast his vote shall present himself to a Presiding Officer at the polling unit in the constituency in which his name is registered with his voter’s card.
      2. The Presiding Officer shall ensure that the following procedure is followed;
        1. Cross-check the voter’s card of a person applying for ballot paper against the register and may ask the voter if required by a candidate or the polling agent, the following questions or any of the questions, that is;
          1. “Are you the person whose name is on the register of voters as follows… (reading the copy of the entry in the register)”
          2. “Are you up to 18 years of age?”
          3. “Have you voted at this election?”
        2. On being satisfied that the name of the person is on the register of voters and he has attained 18 years of age and has not voted already at the same election, issue him a ballot paper;
        3. Not issue a ballot paper to any voter who answer any of the questions in sub-paragraph 7(a)(I)(II) and (III) of this paragraph in the negative or has voted at the election;
        4. Mark the name of the voter in the register with a biro on the right and left side of his name for the election of Chairman/Councilor respectively.
        5. Stamp and sign the persons voter’s card at the back with the appropriate stamp and the state the date type of election in code; and
        6. Direct the voter to the voting table where after Thumb-marking the ballot paper secretly, the voter shall deposit the ballot paper in the ballot box in the full view of all present.
      3. For the purpose of satisfying the poll clerk as to his entitlement to vote, a person desiring to cast his vote shall produce to the clerk a PVC issued to the voter upon registration as a vote;
      4. Immediately before the clerk delivers the ballot papers to voter;
        1. The ballot papers shall be stamped with an official stamp provided.
        2. The number, name, address and occupation of the voter, in the copy of the register of voters or part thereof shall be called out.
        3. A mark shall be placed against the number of the voter, in the copy of the register of voters or part thereof, to denote that ballot papers have been received by the voter but without showing the serial numbers of the ballot papers which have been received.
      5. A candidate or a polling agent may challenge the right of a person to receive a ballot paper on the ground that;
        1. He is not registered to vote at the polling unit; or
        2. He has already voted at the election, or
        3. He is under age; or
        4. He is an alien; or
        5. Any other ground covered by law.
      6. The Presiding officer may; if satisfied that the allegation has proved or any of the grounds mention in sub-paragraph 10 of this paragraph refuses to issue the person a ballot paper.
      7. A voter on receiving the ballot papers shall go immediately into the screened compartment at the polling unit, and shall there secretly cast his vote by placing his thumb-print against the symbol of the candidate of his choice.
      8. A voter shall not make any writing on the ballot paper by which he may be identified; if he does such ballot paper shall be rejected provided that any print resulting from the staining of the thumb of the voter in the voting compartment shall not be deemed to be marked for identification.
      9. A voter shall after casting his vote, put the ballot papers in ballot box. In full of view of the presiding officer and the polling clerk.
      10. A voter shall not record more than one vote in favour of any candidate nor place on the ballot paper any writing or mark which he may be identified.
      11. A voter whose ballot paper is defaced for reason not caused by him shall delivered the defaced ballot paper to the presiding officer who shall promptly mark such ballot paper as cancelled and issue another ballot paper to the voter.
      12. Immediately after casting his vote, a vote shall submit to having his fingernail sufficiently marked with indelible ink and leaver the mark for period of approximately ten hours.
      13. There shall be no voting by proxy.
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    14. CLOSING OF POLL
      1. At the prescribed hours of the close of poll, the presiding officer shall declare the poll close and no more person(s) shall be admitted into the polling unit but those in queue shall be allowed to vote
      2. After the declaration of the poll closed, no voter already inside the polling unit shall be permitted to remain in the polling unit unless otherwise authorized under sub-paragraph 1 of paragraph 13 of these guidelines.
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    15. COUNTING OF VOTES
      1. The Presiding Officer shall count the votes scored by the candidates in the presence of the candidates or the polling agents; and
        1. Enter the scores of candidates in both words and figures in form JISIEC 8A or JISIEC 8A(1) as the case may be.
        2. Sign and stamp the form and request the candidates or their poling agent where available at the polling unit to sign too;
        3. Announce the votes scored by each candidate;
        4. Give to the polling agent and the Police where available copy of each of the completed forms after it having duly signed; and
        5. Take the original copy of the form to the registration Area (ward) collation office.
      2. The presiding officer shall give a copy of the statement of result form to the security officer in the polling unit, candidates or their agents and take the original thereof to the returning officer at the collation centers together with ballot boxes, the relevant envelopes and all other election materials including stamp, stamp-pad, endorsing ink etc.
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    16. COLLATION AND DECLARATION OF RESULT
      1. The collation and declaration of election results shall be done at the following levels depending on the type of election.
        1. Ward Collation center (collation for all elections and declaration of councillorship election)
        2. Local Government collation center (collation and declaration of Chairmanship election)
      2. The Ward Returning Officer shall;
        1. Take delivery of all form of JISIEC 8A(1) or JISIEC 8B(1) for Chairmanship and Councillorship Elections respectively from the Presiding Officer.
        2. Collate the votes entered in Form JISIEC 8A in the case of Chairmanship and form JISIEC 8B in the case of Councillorship election.
      3. The decision of the returning officer in the respect of an election under these guidelines or any question arising from or relating to;
        1. Ballot;
        2. Scores of Candidates; or
        3. Return of the candidate; shall be final subject to review only by an Election Tribunal in an election petition.
      4. Where two or more candidates scored equal number of votes, the returning officer shall not return any of the candidates on a date to be appointed by the Commission.
      5. The result of the election shall;
        1. In the case of Chairmanship be announced at the Local Government Collation Center and by Returning Officer.
        2. In the case of Councillorship at the ward Collation Center and by Ward Returning Officer.
        3. Absence of a polling Agent or his refusal to sign the result of the election shall not invalidate the result of the election.
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    17. ISSUANCE OF CERTIFICATE OF RETURN AT ELECTION
      1. A Sealed certificate of return shall be issued by the Commission to every candidate who has won an election under these guidelines.

    These guidelines are meant to complement the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Jigawa State Independent Electoral Commission law CAP J19 Laws of Jigawa State 2012.


    DATED THIS………13TH………..DAY OF …..MARCH,…..2017

    Muhammad Sani Ahmad (Chairman)
    Jigawa State Independent Electoral Commission

     


      

       

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