Powers and functions

(1) The Electoral Commission shall exercise such functions in relation to elections as are conferred upon it by this Constitution or by an Act of Parliament. (2) The duties and functions of the Electoral Commission shall include— (a) to determine constituency boundaries impartially on the oasis of ensuring that constituencies contain approximately equal numbers of voters eligible to register, subject only to considerations of— (i) population density; (ii) ease of communication; and (iii) geographical features and existing administrative areas; (b) to review existing constituency boundaries at intervals of not more than five years and alter them in accordance with the principles laid down in subsection (2) (a); (c) to determine electoral petitions and complaints related to the conduct of any elections; (d) to ensure compliance with the provisions of this Constitution and any Act of Parliament; and (e) to perform such other functions as may be prescribed by this Constitution or an Act of Parliament. (3) Any person who has petitioned or complained to the Electoral Commission shall have a right to appeal to the High Court against determinations made under subsections (2)(c) and (2)(d). (4) The Electoral Commission shall exercise its powers, functions and duties under this section independent of any direction or interference by other authority or any person. (5) Without prejudice to subsection (3)— (a) the High Court shall have jurisdiction to entertain applications for judicial review of the exercise by the Electoral Commission of its powers and functions to ensure that such powers and functions were duly exercised in accordance with this Constitution or any Act of Parliament; and (b) the National Assembly shall confirm all determinations by the Electoral Commission with regard to the drawing up of constituency boundaries but may not alter the boundaries of any constituency, except upon the recommendation of the Electoral Commission. [13 of 2001]