CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (FOURTH ALTERATION, NO. 9) ACT [POLITICAL PARTIES AND ELECTORAL MATTERS)

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CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (FOURTH ALTERATION, NO. 9) ACT, 2017 (POLITICAL PARTIES AND ELECTORAL MATTERS)

EXPLANATORY MEMORANDUM

This Act alters the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to provide the Independent National Electoral Commission with sufficient time to conduct bye-elections and provide grounds for de-registration of political parties.

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (FOURTH ALTERATION, NO. 9) ACT, 2017

ARRANGEMENT OF SECTIONS

1.       Alteration of the Constitution, 1999.

2.       Alteration of section 134.

3.       Alteration of section 179

4.       Insertion of section 225A.

5.       Citation.

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (FOURTH ALTERATION, NO. 9) ACT, 2017

A Bill For An Act to alter the provisions of the Constitution of the Federation Republic of Nigeria, 1999 to provide the Independent National Electoral Commission with sufficient time to conduct bye-elections and provide grounds for de-registration of political parties; and for related matters.

Commencement.   [4th May 2018]

ENACTED by the National Assembly of the Federation Republic of Nigeria –

Alteration of the Constitution, 1999.

1.       The Constitution of the Federal Republic of Nigeria, 1999 (in this Act referred to as “the Principal Act”) is altered as set out in this Act.

Alteration of section 134.

2.       Section 134 of the Principal Act is altered –

(a)     in subsection (4), by substituting for the word, “seven, in line 2, the words, “twenty-one”, and

(b)     in subsection (5), by substituting the word, “seven’, in line 2, the words, “twenty-one”

Alteration of Section 179

3.       Section 179 of the Principal Act is altered.

(a)     in subsection (4), by substituting for the word, ‘seven” in line 2, the words, “twenty-one’; and

(b)     in subsection (5), by substituting for the word, “seven” in line 2, the words, “twenty-one”

Insertion of section 225A

4.       Insert, after section 225, a new section “225A”

“De-registration of political party”

225A. The Independent National Electoral Commission shall have power to de-register a political party for –

          (a)     breach of any of the requirements for registration;

          (b)     failure to win at win at least twenty-five percent of votes cast in –

                   (i)      one State of the Federation in a Presidential election; or

                   (ii)     one Local Government of the State in a Governorship election.

          (c)     failure to win at least —
                   (i)      one ward in the Chairmanship election;

(ii)     one seat in the Nation in the National or State House of Assembly election; or

                   (iii)    one seat in the Councillorship election.”

Citation.

5.       This Act may be cited as the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration, No. 9) Act, 2017.

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