ELECTORAL ACT

AN ACT TO REPEAL THE ELECTORAL ACT 2006 AND RE-ENACT THE INDEPENDENT NATIONAL ELECTORAL COMMISSION, REGULATE THE CONDUCT OF FEDERAL, STATE AND AREA COUNCIL ELECTIONS AND FOR RELATED MATTERS, 2010

BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:

PART I- ESTABLISHMENT AND FUNCTIONS ETC, OF INDEPENDENT NATIONAL ELECTORAL COMMISSION

1. –The Independent National Electoral Commission as established by S.153 of the Constitution shall be a body corporate with perpetual succession and may sue and be sued in its corporate name.

1. In addition to the functions conferred on it by the Constitution, the Commission shall have power to:

(a) conduct voter and civic education.

(b) promote knowledge of sound democratic election processes.

(c) conduct any referendum required to be conducted pursuant to the provision of the 1999 Constitution or any other law or Act of the National Assembly.

2. -(1) There shall be established for the Commission a fund to be known as Independent National Electoral Commission Fund.

(2) There shall be paid into the Fund established in pursuance to subsection (1) of this Section-

(a) such sums and payments available to the Commission for carrying out its functions and purposes under the Constitution and this Act and all other assets from time to time accruing to the Commission.

(b) such sums as may, from time to time, be credited to the Fund by way of interest from investments made from the fund.

(c) aids, grants that may from time to time accrue to the Commission in order to carry out its functions.

(3) Disbursements from the fund shall be made in accordance with rules established by the Commission.

Functions of the Commission

Establishment of the Independent National Electoral Commission Fund

3. –(1) The Commission may, from time to time, apply the proceeds of the Fund established pursuant to section 3(1) of this Act-

(a) to defray the cost of administration of the Commission.

(b) to reimburse members or members of any Committee set up by the Commission for such expenses as may be expressly authorized by the Commission in accordance with the rates approved by it;

(c) to the payment of the salaries, fees or other remuneration or allowances and pensions, superannuation allowance and gratuities payable to the officers and servants of the Commission, so however that no payment of any kind under this paragraph (except such as may be expressly authorized as aforesaid) shall be made to any person who is in receipt of emoluments from the Government of the Federation or the Government of a State;

(d) to the maintenance of any property vested in the Commission; and

(e) to and in connection with all or any of its functions under this Act.

4. -(1) The Commission shall submit to the Ministry of Finance not later than 31st August in each financial year an estimate of its expenditure and income (including payments to the Independent National Electoral Commission) during the next succeeding financial year.

(2)The Commission shall keep proper accounts in respect of each financial year (and proper records in relation thereto) and shall cause its accounts to be audited as soon as possible after the end of each financial year by the Auditor General of the Federation.

5. – (1) There shall be established in each State of the Federation and Federal Capital Territory, an office of the Commission which shall perform such functions as may be assigned to it, from time to time, by the Commission.

(2) A person appointed to the office of a Resident Electoral Commissioner shall;

(a) be answerable to the Commission; and

(b) hold office for a period of five years.

(3) The Resident Electoral Commissioner appointed pursuant to the Constitution may only be removed by the President, Commander-in-Chief of the Armed Forces of the federation acting on an address supported by 2/3 majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

6. -(1) The Commission may appoint one or more committees to carry out any of its functions under this Act.

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