Nigerian Electoral Act

Section 29 - Submission of list of candidates and their affidavits by political parties

(1) Every political party shall, not later than 120 days before the date appointed for a general election under this Act, submit to the Commission, in the prescribed Forms, the list of the candidates the party proposes to sponsor at the elections, who shall have emerged from valid primaries conducted by the political party.

(2) The list or information submitted by each candidate shall be accompanied by an affidavit sworn to by the candidate at the Federal High Court, High Court of a State, or Federal Capital Territory, indicating that he or she has fulfilled all the constitutional requirements for election into that office.

(3) The Commission shall, within 21 days of the receipt of the personal particulars of the candidate, publish same in the constituency where the candidate intends to contest the election.

(4) Any person may apply to the Commission for a copy of nomination form, affidavit and any other document submitted by a candidate at an election and the Commission shall, upon payment of a prescribed fee, issue such person with a certified true copy of the document within 14 days.

(5) An aspirant who participated in the primaries of his political party who has reasonable grounds to believe that any information given by the political party’s candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirements to contest the election is false, may file a suit at the Federal High Court in the Federal Capital Territory or in the jurisdiction the cause of action arose against that candidate seeking a declaration that the information contained in the affidavit is false.

(6) Where the Court determines that any of the information contained in the affidavit is false only as it relates to constitutional requirements of eligibility, the Court shall issue an order disqualifying the candidate and the sponsoring political party.

(7) Notwithstanding the provisions of subsection (6), where the election has been held, the court shall direct the Commission to conduct a rerun among the candidates that contested the subject election except the candidate and the party so disqualified.

(8) A candidate for an election shall, at the time of submitting the prescribed form, furnish the Commission with an identifiable address in the state where he or she intends to contest the election at which address all documents and court processes from either the Commission or any other person shall be served on him or her.

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