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PART XN.I.ELECTORAL MISDEMEANOURS

114Corrupt and illegal practices committed by agents.N.I.

(1)A candidate shall not be liable nor shall his election be avoided—

(a)for any corrupt practice specified in paragraph 7 of the Ninth Schedule committed by an agent of his unless it can be shown that the candidate has authorised or consented to the committing of the corrupt practice by such agent; or

(b)for any illegal practice specified in paragraphs 10, 11 and 12 of the Ninth Schedule committed by an agent of his; or

(c)for any illegal practice specified in paragraph 19 of the Ninth Schedule committed by an agent of his other than his election agent; or

(d)for an illegal practice specified in paragraph 20 of the Ninth Schedule committed by an agent of his other than his election agent unless—

(i)it can be shown that the candiate or his election agent has authorised or consented to the committing of the illegal practice by the other agent or has paid for the circulation of the false statement constituting the illegal practice; or

(ii)an election court find and report that the election of the candidate was procured or materially assisted in consequence of the making or publishing of any such false statement as is referred to in the said paragraph 20.

(2)The election of a candidate shall not be void nor shall he be subject to any incapacity for any illegal practice specified in paragraph 22 of the Ninth Schedule where an election court reports that the candidate has satisfied the court that the payment constituting the illegal practice was made by an election agent without the sanction or connivance of the candidate.