issues of voters’ registration, voters card, conduct of election, card readers, ballop papers & election results

Q1495. Are there some specific criteria I must satisfy in order for me to validly register and vote in an election in Nigeria?

Yes, there are. In order to qualify to vote in any election in Nigeria; 1. You must be a citizen of Nigeria 2. Be 18 years of age or above 3. Be resident, work or originate from the place covered by the registration center 4. Be physically present at the place and on the date of registration 5. Must not be subject to any legal incapacity to vote under any law in Nigeria See Section 12(1) Electoral Act 2022

Q1496. Madam Nwanyi-Owerri, the Polling Officer for katakata polling station has refused to make available to the candidate of INDABOSKI PEOPLE’S PARTY or its agent a copy of the stamped and signed INEC form bearing the votes of all candidates even though same had been given to the candidates of other parties. Is this proper?

The action of Madam Nwanyi-Owerri is not only imporper but illegal. Infact, Madam Nwayin-Owerri is mandated to serve a copy of the form, signed and stamped on all candidates or their Agents where available. The polling officer cannot pick and select which candidate to favour. As a matter of fact, such stamped and signed form where available must be served on the police officer at the polling station. INEC cannot be seen to favour one candidate over another. The role of INEC is to remain neutral. Section 60(3) Electoral Act 2022

Q1516. What really is the need for insisting that people do their vote casting secretly in a democracy?

The essence of secret ballot is that the candidate for whom a voter or selector casts his vote remains unknown to others and as a well-guarded secret of the voter, who cannot be compelled to disclose his candidate of choice. See SHAIBU V. MUAZU (2014) 8 NWLR (Pt. 1409) 207 at 292.

Q1517. When I did my voter’s registration, I was resident at Birni Kebbi and I have been voting in my voting/polling center ever since. However I left there and relocated to Sokoto town two years ago when I left the rice growing business. Of course, my present place of abode in Sokoto is very far from where I used to be in Kebbi State. Can I register for a new voter’s card in the place I am currently so I can vote in the coming presidential election?

No. This will amount to double registration which itself is illegal. However, the Electoral Act envisage this instance and has provided a remedy for that challenge. A person who before an election is resident in a constituency other than the one which he or she was previously registered may apply to the Resident Electoral Commissioner of the State where he or she is currently is and apply that their names be entered on the transferred voters list for the constituency. See Section 13(1) Electoral Act 2022

Q1518. I want lots of voters’ card for myself so I can vote for my preferred candidate as many times as is possible in the election. I intend registering at different registration centers so I can achieve this. Will there be any consequence?

The word “one man one vote” isn’t just a phrase but a policy with legal consequence when breached. It is illegal for one person to register in more than one registration center or more than once in same registration center. When convicted, the consequence is a one year term of imprisonment or fine or both Section 12(2)(3) Electoral Act 2022.

Q1519. Are there any specific requirements I must satisfy before my name can be so transferred?

To ensure a successful transfer of your name, an application must be made by you to the Resident Electoral Commissioner not later than 90 days from the date of the next election to be held in the constituency where you reside. Ensure also that your application is accompanied by a photocopy of your voter’s card. See Section 13(2) Electoral Act 2022

Q1520. Where I finally and successfully register and obtain my voter’s card, on whom rest the propriety right of this card? Can I sell it?

Where a person finally registers and successfully obtains the permanent voter’s card, he may continuously have in his possession the card itself and use same for transactions where personal details are an essential requirement. This notwithstanding, the proprietary rights in any voter’s card continues to remain in and with INEC. It is illegal and constitute a crime to sell the voter’s card. See Section 21 Electoral Act 2022

Q1522. Where the presiding officer of the polling unit where an election is conducted proceeds to count the vote cast at the election but refuses to sign same, can he be said to have satisfied the responsibility of his duty?

No. The presiding officer having first announced the result must as a matter of duty enter the vote scored by each candidate in a specially provided Form for that purpose. He must not only sign the said Form but must stamp same which in turn must be counter signed by the candidates or their agents who are available at the polling station. See Section 60(1)(2) Electoral Act 2022

Q1523. Where the election result and report are undated, what is their probative value to the tribunal in deciding the merits and substance of the election petition?

The position of the law courts is that election petition results and reports are very important. As such any allegation of defect on them cannot just be glossed over. The value of election petition results and reports cannot be over-emphasized. The entire election petition is often hinged on the issue of who scored the highest number of valid votes and this is revealed by the election results and reports sheets so to say the least, they must be in conformity with the law as their admission is fundamental to the core issue at hand in the election petition case. In the case of OGBAHON V. REG. TRUSTEES C.C.C. (2002) 1 NWLR (Pt. 749) pg. 675 it was held that the date on election results and reports is of great significance in proof of their contents and many issues flow from the date it was executed. Without having the date of such sought to be tendered as Exhibit, how can the tribunal know that it was made contemporaneous with the date the results were declared?

However the court went ahead to hold that it may be of some probative value where the maker of it gives oral evidence stating the date it was executed. But on a general note, where an election result or report is undated, and there is no oral evidence by the maker in court clarifying its date of execution, it is given no probative value at all by the court or tribunal in deciding the petition. See ADIGHIJIE V. NWAOGU (2010) 12 NWLR (Pt. 1209) 419 at 481