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ABSIEC Guidelines

Guideline & Code of Conduct for Electoral Officers appointed by ABSIEC

Guideline & Code of Conduct for Electoral Officers for a Conduct of a hitch free LOCAL GOVERNMENT COUNCIL ELECTION or BYE ELECTION. Pursuant to Section 197 (1) (b) and Section 4 (a) and (b) of the Third Schedule. Part II of the 1999 Constitution of Federal Republic of Nigeria.

Guideline & Code of Conduct for Electoral Officers for a Conduct of a hitch free LOCAL GOVERNMENT COUNCIL ELECTION or BYE ELECTION. Pursuant to Section 197 (1) (b) and Section 4 (a) and (b) of the Third Schedule. Part II of the 1999 Constitution of Federal Republic of Nigeria.

Citation:
This guideline may be cited as the Abia State Independent Electoral Commission’s guideline and Code of Conduct for Electoral Officers, 2001.
Interpretation:
In this guideline except where the context otherwise requires: “The commission” means The State Independent Electoral Commission (ABSIEC).

“Electoral Officer” means, any Electoral Officer, Assistant Electoral Officer, Presiding Officer, Assistant Presiding Officer, Poll Clerk, Security Officers and Operatives or any Officers (by whatever name called) appointed pursuant to section 1(a) of part 2 of this guideline and the expression “official duty” shall for the purpose of this guideline by construed accordingly, but shall not include duties imposed otherwise than by law. “1999 Constitution” means the constitution of the Federal Republic of Nigeria, 1999. “Private Prosecutor” means same as that provided by the Criminal Procedure law. “The candidates” means all contestants for the various political positions vied for as presented by the political parties.
Part 1: Functions of the State Independent Electoral Commission. Section 4(a) & (b) Third Schedule, part II 1999 Constitution. The Commission shall have power: 1(a) To organize, undertake and supervise all elections to Local Government Councils within the state. (b) To render such advice as it may consider necessary to the Independent National Electoral Commission on the compilations of the register of voters in so far as the register in the state. 2. Set up of general and uniform guideline for the creation of Electoral wards in Abia State and see to it that all applicants desirous on new wards adhere strictly to the provisions of the guidelines.

Part 2: Dismissal of Electoral Officers

1(a) Subject to the provisions of this guideline and any other power to appoint persons to hold or act as Electoral Officers during Local Government elections (including power to make appointments) and to dismiss and exercise disciplinary control over persons holding or acting in such offices shall vest in the commission.

Breach of Official Duty:

1(b) Any person so appointed pursuant to section 1(a) above, being under duty to discharge functions as an electoral officer, is without reasonable course, guilty of any act of omission in breach of his official duty, he shall be liable for summary conviction to a fine not exceeding N5,000.00 or to imprisonment.

1(c) Any suit for an offence against this section instituted by private prosecutor: (i) The court having cognizance of the case may order such a person to give security for such cost as may become payable to the accused person, for such amount and in such manner as the court may deem fit and in the event of failure to comply with such order, the courts shall discharge the accused person.

(ii) The amount of compensation which may be awarded to an accused person in accordance with the provisions of the criminal procedure law, shall be an amount not exceeding N1,000.00 as the court determines instead of the amount provided for in the aforementioned law (The Criminal Procedure law).

  1. Every Electoral Officer, appointed pursuant to section 1 (a) of this guideline concerned with the conduct of an election, every counting agent and polling agent or candidate in attendance at a polling station or place of voting or at the counting of votes, shall maintain and aid in maintaining the secrecy of the voting.
  2. No such officer or persons mention in (1) above shall except for some purpose authorized by law, communicate before the poll is closed, the names or numbers in the voters register, or any voter who has or has not voted at the place of voting.
  3. No person shall
    • Interfere with any voter when casting his vote;
    • Obtain or attempt to obtain during voting, information as to candidate for which a voter present at the polling station is about to vote for or has voted for.
    • Communication to any person, information obtained in a place of voting as to the candidate a voter present at the polling station is about to vote or has voted for.
  4. Persons found guilty of having contravened this section, shall be liable upon conviction to imprisonment for a term not exceeding one year or a fine not exceeding N1,000.000 or both.

Presiding and Returning officers:

Any person who being a presiding officer at any Election- who:

(a) gives a certificate or statement of result which he knows to be false or

(b) without lawful excuse refuses to render any statement of result relating to an election to the officer to whom it is required to be delivered.

(c) Does anything that affects or obstructs the proper counting or obtaining of correct result of the election;

Shall be guilty of an offence and shall be liable on conviction to imprisonment for term not exceeding 2years or to a fine of N10,000.00 or to both.

(1) The accreditation of voters shall commence on day and time to be announced by the commission. The presiding officer shall amongst other duties-
(a) Cross-check voter’s card of persons applying for accreditation as contained in the voters register. The voter shall in turn provide correct answer to the following questions to be put across to him by the presiding officer. If on request of the candidate and party agent.
(i) “Can you show proof that you are the name/person stated on the voters register, (reading the copy of the entry in the register)?”
(ii) “Can you show proof of age above 18 years of age?”
(b) The presiding officer will not accredit any voter who gives negative answers to the questions in paragraph (ii) above.
(c) Inscribe a mark against the name of the said voter’s register.
(d) Stamp and sign the voter’s card at the back with the official and state the date and type of election in question.
(e) The presiding officer shall cross check ABSIEC (19) to determine the number of persons registered to vote at the polling station or unit, the serial number of ballot papers issued to the voters. The serial number of the balance of the unused ballot papers and the number of accredited voters standing in the queue at the commencement of voting resulting to the unused ballot papers shall be recorded in ABSIEC Form 15 as well as spoilt ballot papers.
(f) Every ballot paper to be used for elections must have the seal or stamp of the commission.

(2) The presiding officer and the party agents shall sign ABSIEC Form 15 as stated in (e) above to authenticate the numbers entered therein.
(1) Anyone who having been accredited is found to have left the polling zone or the appropriate accreditation centre, mixes up with unaccredited persons, is guilty of an offence of deceit under this guideline and is liable on conviction to the punishment as provided by Law
(2) A person found at any polling unit without valid proof of accreditation, is guilty of an offence of conviction to punishment as provided by Law.
(3) The electoral officer has a duty to stop accreditation of voters and declare it closed when the time given by the commission to so do has reached. At this point, no more persons will be admitted to the polling unit and accredited except those already inside the polling unit.
The presiding officer at the end of accreditation shall:- (a) Explain the voting procedure and process to be followed; (b) Introduce the candidates for election, ensure the display of their respective posters and symbols, and introduce the poll clerk and party agents. (c) Clarify all acts which constitute electoral offences within the polling unit as well the penalties as spelt out by law. (d) Call the names of accredited voters.
The presiding officer having complied with the provisions of section 6 of this guideline, he shall:
(a) Announce the commencement of voting and instruct accredited voters to queue up.
(b) Where the culture of the land so demand, create separate queues for men and women.
(c) Instruct security agents posted for the purpose of the elections to stand behind the last person on the queue, requesting all queuing voters to present for inspection the voter’s cards duly stamped by the presiding officer.
(d) Issue accredited voters with ballot papers.
(e) Direct voters who have thumb printed on their various ballot papers secretly at the voting table to cast their votes with all present observing.
(2) Any person found guilty of breaking the queue while voting is going on is guilty of an election offence and shall be punished as stipulated by the law.
(1) Every accredited voter shall be directed by the electoral officer, or presiding officer to a particular polling unit to vote.
(a) No person shall be permitted under any circumstance, to vote at any other polling unit other than that allotted to him by the presiding officer.
(2) The presiding officer shall regulate the admission of voters to polling units and exclude others except the candidates, party agents and other person who in his opinion has lawful reason to be admitted.
(1) If at any time, before the end of polls a party agent or any of the security officers on duty has reasonable cause to believe that a person is under the age of 18 as stipulated by the law to be eligible to vote, thereby misrepresenting himself, the agent should report to the presiding officer who will order a police officer to arrest the said suspect. The presiding officer’s order shall be sufficient authority for arrest in the said circumstance.
(2) The suspect in (1) above shall not be prevented by reason of the said report to vote, but it is the duty of the presiding officer to mark the word “protest for fraudulent misrepresentation” by his name in the accredited register of voters; (i) if the suspect admits to the presiding officer that he is not the person he has held out himself to be following the allegation against him, he shall not be allowed to vote, but if he has voted, the said vote shall be canceled by the presiding officer.
(3) Any person arrested under this section as provided shall be deemed to be a person duly arrested and taken into custody by the police as if such was arrested with respect for an offence for which warrant might not be required.
(1) Every Electoral Officer shall ensure strict compliance with the provision of this guideline at polling units during Elections.
(2) Any person who in violation of this guideline conducts himself in such a manner that a reasonable person would believe to be disobedience of the orders of the Electoral Officer, the police under the order of the Electoral Officer will see that the person leaves the polling unit or station.
(3) The person so removed shall not without the express permission of the Electoral Officer, come back to the polling unit or area until elections are over; and if arrested for an offence against the Commission, the arrest shall be such for which warrant may not be required.
(4) The provisions of paragraph (3) above shall not be enforced or used so as to prevent a voter who is otherwise entitled to vote at the polling station or unit from exercising his civic right to vote.
(1) If during voting, Electoral proceedings are halted abruptly due to riot, violent actions or the sort, as may be determined by the |Electoral Officer and the commission, the presiding officer has the discretion to adjourn proceedings till the following day which he shall communicate to a superior Electoral Officer.
(2) If due to reasons raised in(1) above, polls are shifted to the following day;
(a) Polls shall take place same time and place on the day to which it was postponed.
(b) All references in this guideline for the close of the poll shall be constructed accordingly.
1. The presiding officer shall after counting votes cast at the poling unit, enter vote scored by each candidate in ABSIEC Form 8 after announcing the number of the votes counted for each of the candidates or their agents.
2. The ABSIEC Form 8 shall be signed and stamped by the presiding officer, countersigned by the candidates or their party agents if available at the polling station.
3. Where a recount is required by the party agent, the party agent has to sign the ABSIEC Form 8 after the recount, where he refuses to sign the said ABSIEC Form 8, this shall not invalidate the results of the poll. The presiding officer may refuse a request of recount if in his opinion, the request is unreasonable.
4. The presiding officer after taking records of the Election results shall take same and other materials in his possession to the ward collation centre under security escort by the police officer on duty.
1. Pursuant to the provisions of the Law, the Commission shall make and publish in the state Gazette, Guideline and code of conduct for electoral officers during the Local Government Council Elections which shall include among others, secure mode of recording of polls in the Electoral ABSIEC Forms AB(1)8A – AB(4)8C as in ABSIEC 8 set out in section (16) (e) of this guideline, from polling unit to the last collation centre of the ward where the result of the election shall be declared.
2. All ABSIEC result forms duly completer at the ward levels in accordance with the provisions of this guideline as issued by the commission shall be stamped, signed by the electoral officers and party agents at such level with copies given to the police officer on duty and party agents present.
3. Pursuant to Section 4 (f), any ballot paper which does not bear the official seal, stamp or mark of the commission shall not be counted by the presiding officer.
4. The presiding officer having reasonable cause to believe that a ballot paper without official seal or stamp of the commission is among authentic ballot papers supplied his polling unit, shall not withstanding the absence of the approved official seal or stamp, count the ballot paper in question.
1. Every rejected ballot paper as stated in section 13 (4) above shall be endorsed by the presiding officer appropriately in ABSIEC Form 14 clearly indicating its rejection and shall not be counted except where otherwise stated by a superior electoral officer to the presiding officer.
2. Any objections raised by any candidate or party agent against decisions of the presiding officers regarding rejected ballot papers at the time the decision was taken, the presiding officer shall inscribe the words “rejected with objection” to the ballot paper.
3. A forwarding statement shall be made by the presiding officer, stating the number of ballot papers rejected and reasons for its rejection. He shall on request allow the candidate and/or party agent to site the statement but shall not record the serial number of the ballot papers so recorded.
1. Any decision taken by a returning officer on questions arising from relating to:
(a) Ballot papers without official seal or stamp.
(b) Rejected ballot papers.
(c) Declaration of candidate’s scores and return of a candidate; Shall be final and subject to review only by a local government council election tribunal in an election petition proceedings as provided by law.
2. If two or more candidates have equal numbers of votes cast, the returning officer shall not return any of the candidates, rather a fresh election shall be held on a later date to be announced by the commission.
3. A supervisory presiding officer having supervisory functions as the name implies shall;
1) Supervises a number of polling units as designated by the commission.
2) Signs for all electoral materials, forms, electoral materials receipt form or booklets supplied to the polling stations under his/her supervision.
3) Ensure that enough electoral materials are supplied to every polling unit under this jurisdiction.
4) He is to see to it that all electoral re4sults from his area of supervision are submitted to the ward returning officer at the ward collation centre.
5) Ensure the police officers and other security agents posted to his area of supervision maintain absolute law and order.
6) Ensure that all unused/outstanding electoral materials including the voters register are returned and signed by the presiding officers ABSIEC Form 15 and submitted to the electoral officer in charge of the Local Government Area as soon as elections are over.
7) The supervisory presiding officer is answerable to the electoral officer in charge of the Local Government Area.
1) Every Electoral Officer by whatever name called shall be acquainted with ABSIEC codes and Forms stated below.
ABSIEC CODE
ABSIEC 1: Councillorship Main Election
ABSIEC 2: Chairmanship Main Election
ABSIEC 3: Councillorship Bye Election
ABSIEC 4: Chairmanship Bye Election
AB(1) 8A: Statement of Result for Councillorship Main Election
AB(2) 8A: Statement of Result for Chairmanship Main Election
AB(3) 8A: Statement of Result for Councillorship Bye Election
AB(4) 8A: statement of Result for Chairmanship Bye Election
AB(1) 8B: Summary of Result for Ward Main Election into Councillorship position
AB(2) 8B: Summary of Result for Ward Main Election into Chairmanship position
AB(3) 8B: Summary of Result for Ward Bye Election into Councillorship position
AB(4) 8B: Summary of Result for Ward Bye Election into Chairmanship position
AB(1) 8C: Declaration of Result of Councillorship Main Election
AB(2) 8C: Declaration of Result of Chairmanship Main Election
AB(3) 8C: Declaration of Result of Councillorship Bye Election
AB(4) 8C: Declaration of Result of Chairmanship Bye Election
ABSIEC 5: Form for Nomination of L.G. Chairmanship Candidates
ABSIEC 6: Form for Nomination of L.G Councillorship Candidates
ABSIEC 7: Return of List of Candidates Declared Qualified
ABSIEC 8: Results (ie AB(1) 8A – AB(4) 8C
ABSIEC 9: Return of List of Candidates Declared not Qualified
ABSIEC 10: Appeal against Disqualification by the State Clearance Committee
ABSIEC 11: Preparation form for Presiding Officers/ Receipt Note
ABSIEC 12: Oath Affirmation
ABSIEC 13: Screening Forms
ABSIEC 14: Statement of Invalid, spoilt, Rejected, Cancelled papers
ABSIEC 15: Statement of A (Unused and spoilt Ballot paper
ABSIEC 16: Authority to Remove Person(s) Misconducting themselves
ABSIEC 17: Certificate of Return for Chairmanship Election.
ABSIEC 18: Certificate of Return for Councillorship Election.
ABSIEC 19: Voter Register.