AN ACT TO REPEAL THE ELECTORAL ACT, NO. 6, 2010 AND ENACT THE ELECTORAL ACT, 2022, TO REGULATE THE CONDUCT OF FEDERAL, STATE AND AREA COUNCILS IN THE FEDERAL CAPITAL TERRITORY ELECTIONS AND FOR RELATED MATTERS ENACTED BY THE NATIONAL ASSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIA
PART I—ESTABLISHMENT AND FUNCTIONS OF INDEPENDENT NATIONAL ELECTORAL COMMISSION
1.—(1) The Independent National Electoral Commission as established by section 153 of the Constitution (in this Act referred to as “the Commission”) —
(a) is a body corporate with perpetual succession ; and
(b) may sue and be sued in its corporate name.
(2) The National Headquarters of the Commission shall be situated in the Federal Capital Territory (FCT).
2. 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 ; and
(c) conduct any referendum required to be conducted under the provisions of the Constitution or an Act of the National Assembly.
3.—(1) There is established the Independent National Electoral Commission Fund (in this Act referred to as “the Fund”).
(2) There shall be paid into the Fund—
(a) such sums and payments received from the Federal Government available to the Commission for the performance of its functions under this Act;
(b) such sums as may be credited to the Fund by way of interest from investments made from the Fund ; and
(c) aids, grants or any other accruals to the Commission in order to perform its functions.
(3) The election funds due to the Commission for any general elections are to be released to the Commission not later than one year before the next general election.
(4) Disbursements from the Fund shall be made in accordance with rules set out by the Commission.
4.—(1) The Commission may apply the proceeds of the Fund to—
(a) defray the cost of administration of the Commission ;
(b) reimburse members or members of any committee set up by the Commission for such expenses as may be expressly authorised by the Commission in accordance with the rates approved by it;
(c) 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;
(d) the maintenance of any property vested in the Commission ; and
(e) all or any of its functions under this Act.
(2) No payment of any kind under subsection (1) (c), except payment as may be expressly authorised, shall be made to any person who is in receipt of emoluments from the Government of the Federation or of a State.
5. The Commission shall keep proper accounts and records in respect of each financial year and shall cause its accounts to be audited as soon as possible after the end of each financial year as required by law.
6.—(1) There is established in each State of the Federation, Federal Capital Territory and Local Government Area, an office of the Commission which shall perform such functions as may be assigned to it 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 term of five years from the date of his or her appointment which may be renewable for another term of five years and no more.
(3) The Resident Electoral Commissioner appointed under the Constitution may only be removed by the President, acting on an address supported by two-thirds majority of the Senate praying that the Resident Electoral Commissioner be so removed for inability to perform the functions of the office, whether arising from infirmity of mind or body or any other cause, or for misconduct.
(4) The appointment of a Resident Electoral Commissioner shall be in compliance with section 14 (3) of the Constitution of the Federal Republic of Nigeria and section 4 of the Federal Character Commission (Establishment, etc.) Act.
7. The Commission may appoint one or more committees to perform any of its functions under this Act.