CROSS RIVER – LOCAL GOVERNMENT LAW

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LAWS OF CROSS RIVER STATE

CHAPTER L16

LOCAL GOVERNMENT LAW

ARRANGEMENT OF SECTIONS

PART I

Establishment of Local Government

SECTION

1. Local Government Areas and their Headquarters.
2. Local Government System.
3. Legislative Powers.
4. Executive Power.
5. Establishment of Legislative Councils for Local Government Areas etc.
6. Allocation of revenue to Local Government.
7. Auditing of Accounts of Local Government.
8. Dissolution of Local Government Executive Committee and Legislative Council.
9. Division of Local Government into wards.

PART II

Chairman, Vice-Chairman, Supervisors and the Executive Committee of a

Local Government

10. Establishment of offices of Chairman, Vice-Chairman and Supervisor.
11. Qualification of Chairman and Vice-Chairman.
12. Disqualification of Chairman or Vice-Chairman.
13. Declaration of Assets and Liabilities.
14. Chairman to nominate Vice-Chairman.
15. Impeachment and Removal of Chairman or Vice-Chairman.
16. Suspension of Chairman, Vice-Chairman etc.
17. Removal of Elected officials of Council.
18. Dissolution of Local Government Council.
19. Alternative procedure for the removal of the Chairman and Vice-Chairman.
20. Permanent incapacity of Chairman and Vice-Chairman.
21. Discharge of functions of Chairman.
22. Executive responsibility of Vice-Chairman and Supervisors.
23. Supervisors and Treasurer of Local Government.
24. Office holders of the Local Government.
25. Tenure of Office of Chairman.
26. Death of Chairman – elect before Oath of Office.

PART III

Councilors

27. Number of Councilors in a Ward.
28. Qualification of Councilors.
29. Disqualification of Councilors.
30. Declaration of Assets and Liabilities, Oaths of Councilors, etc.
31. Tenure of Office of Members of the Legislative Council.
32. Recall or Removal of a Councilor.

PART IV

Functions of a Local Government

33. Functions of a Local Government.
34. Other functions of the Local Government.
35. Local Government Legislative Councils as Legislatures.
36. Leader and Deputy Leader of Council.
37. Sitting of Local Government Legislative Council.
38. Presiding at meetings of the Local Government Legislative Council.
39. Quorum.
40. Voting and casting of votes.
41. Regulation of Procedure.
42. Address by Chairman.
43. Mode of exercising the Legislative powers of the Council.
44. Functions of the Council.
45. Staff of the Local Government Legislative Council.
46. Executive Powers.
47. Appointment of Supervisors.

PART V

Local Government Service and Local Government Service Commission, etc

48. Local Government Service.
49. Pension rights.
50. Observance of Code of Conduct.
51. Local Government Service Commission.
52. Composition, Tenure and Remuneration.
53. Functions of the Service Commission.
54. Establishment of Ministry of Local Government Affairs.

PART VI

Auditing of Accounts of Local Government

55. Auditor-General for Local Government.
56. Removal of the Auditor-General for Local Government.

PART VII

Legal Proceedings

57. Interpretation in Part VII.
58. Limitation of suit against Local Government.
59. Mode of Service on a Local Government.
60. Description of Property.
61. Onus of Proof.
62. Proof of Name of Local Government.

PART VIII

Elections, etc.

63. Conduct and time of Election.
64. Polling Stations or Units.
65. Persons eligible to vote.
66. Procedure for Voting.
67. Qualification for Contesting Elections.
68. Campaign for Election.
69. Nomination, etc.
70. Election of Chairman.
71. Appointment and Supervision of Officers under Schedule 3.
72. Procedure at Election.
73. Guidelines on Forms.

PART IX

Electoral Offences

74. Breach of Official Duty.
75. Offences by Law Enforcement Agents, etc.
76. Requirement of Secrecy.
77. Corrupt Practices.
78. Personation and Punishment for personation.
79. Treating.
80. Undue influence.
81. Bribery.
82. Punishment for treating, undue influence and bribery, etc.
83. Offences in respect of nomination forms, ballot papers, ballot boxes, etc.
84. Punishment of persons guilty of certain illegal practices.
85. Voting when not registered.
86. Fraudulent use of ballot paper.
87. Offences relating to statement of result.
88. Disqualification of person convicted of certain offences.
89. Disorderly conduct at election.
90. Polling day offence.

 

91. Offences in relation to counting of votes.
92. Disturbance at public meeting.
93. Conviction for disqualifying offence to be reported, etc.
94. Punishment for attempt, etc., to commit offence.
95. Trial of offences.

PART X

Determination of Election Petitions arising from Elections under this Law

96. Proceeding to question an election.
97. Establishment and composition of Election Tribunal.
98. Time for presenting and hearing election petition.
99. Presentation of election petition.
100. Ground for petition.
101. Non-compliance with certain provisions not to invalidate election.
102. Appeal over election petitions.
103. Nullification of Election by Election Tribunal.
104. Person elected to remain in office pending appeal.

PART XI

Miscellaneous

105. Voter not required to disclose his vote.
106. Election may be postponed for threatened disturbances.
107. Custody and inspection of documents.
108. Election Expenses.
109. Funding of Election Tribunals.
110. A person holding office disqualified as candidate.
111. Secretaries etc., to be appointed within 30 days of swearing in.
112. Interpretation.
113. Repeal of Cap. 68 and Local Government Law 2000.
114. Short Title and commencement.

SCHEDULES

 

 

CHAPTER L16

LOCAL GOVERNMENT LAW

A Law to make provision for the establishment, structure, composition, functions, finance and administration of Local Government Councils in Cross River State, and for matters connected therewith.

(10th May, 2004)

[Commencement]

PART I

Establishment of Local Government

1. Local Government Areas and their Headquarters

(1)     There shall be such number of Local Government Areas in Cross River State as is established under this Law.

(2)     For the time being, the existing Local Government Areas in Cross River State shall be as named in column A of Schedule 1 to this Law and each Local Government Area shall have its headquarters as named in Column B of that Schedule.

2. Local Government System

(1)     The system of Local Government in Cross River State shall be by democratically elected Local Government Councils, which shall have the functions set out in sections 33 and 34 herein.

(2)     It shall be the duty of Local Governments within the State to manage the human and material resources of the Local Government in providing a range of basic and essential services to the residents of the Local Government and to participate in economic planning and development of the Local Government Area as provided by the Constitution of the Federal Republic of Nigeria, 1999.

3. Legislative Powers

(1)     The legislative power of a Local Government shall be vested in the Local Government Legislative Council.

(2)     The functions of a Legislative Council shall include—

(a)     to debate and pass by-laws for the Local Government;

(b)     to debate, amend and approve an Annual Estimate of Revenue and Expenditure for the Local Government; provided however that the said Estimate is laid before the Cross River State House of Assembly for its information and consequent monitoring by the appropriate committees of the House;

(c)     to exercise legislative oversight functions over the activities of the departments with a view to ensuring that the Executive Committee of the Local Government diligently and effectively discharges its responsibility to manage the human and material resources of the Local Government as provided for herein and for this purpose to form standing committees for each such department;

(d)     to receive monthly Reports of Budgeted Receipts and Expenditure and approve the quarterly retirement of expenditure by the Local Government Executive; and

(e)     such other functions in accordance with its legislative powers as may be conferred on it by Law or the Constitution of the Federal Republic of Nigeria for the time being in force.

4. Executive Power

(1)     There shall be for each Local Government a Chairman.

(2)     The Chairman of a Local Government shall be the Chief Executive and the Chief Accounting Officer of the Local Government and Chairman of the Executive Committee of the Local Government established in section 22 herein. It shall be the responsibility of the Chairman to—

(a)     give overall political leadership to the Local Government and oversee the implementation of budgets, policies and programmes of the Local Government;

(b)     mobilise local community support for socio-economic projects undertaken within the local government;

(c)     facilitate and negotiate the grant of political, socio-economic and technical resources from the State and Federal Governments and from other willing parties to facilitate the administration and delivery of services within the local government; and

(d)     maintain peace, order and good governance in the local government.

(3)     The administration of the Local Government shall be carried out through departments responsible for the following—

(a)     Agriculture, Natural Resources and Rural Development;

(b)     Education, Information, Youths and Sport;

(c)     Finance and Planning;

(d)     Health; and

(e)     Works and Public Utilities.

5. Establishment of Legislative Councils for Local Government Areas etc.

(1)     There shall be a Legislative Council for each Local Government Area of the State, which shall solely comprise councilors, elected to represent each ward of the Local Government in such number and manner as may be prescribed by the Independent National Electoral Commission.

(2)     Subject to section 1 of this Law, the House of Assembly shall prescribe the area over which a Local Government may exercise authority and shall define such area as clearly as practicable.

6. Allocation of revenue to Local Government

(1)     Subject to the provisions of this Law, the House of Assembly shall make provisions for the allocation of public revenue to the Local Government and shall accordingly establish the Cross River State Joint Local Government Accounts Allocation Committee.

(2)     All monies accruing into the Joint Local Government Accounts Allocations Committee shall be disbursed as follows:

(a)     A first charge for statutory deductions as follows—

(i)      salaries of all staff in the local government service;

(ii)     Rural Water Supply and Rehabilitation – 2.5%;

(iii)    Primary Schools Rehabilitation Programme – 2.5%;

(iv)    Primary Health Facilities Rehabilitation Programme – 2.5%;

(b)     Equality of each local government – 50% of the balance;

(c)     Land mass and terrain – 10% of the balance;

(d)     Population – 30% of the balance; and

(e)     Derivation – 10% of the balance.

(3)     A local government shall be prohibited from engaging in any capital-raising activity by way of loan, overdraft, capital market issue or any other method without the recommendation by the Officer In-charge of the Ministry of Local Government Affairs and such recommendation shall be approved by the State House of Assembly.

(4)     Monthly allocations to all the Local Governments in the State from the Federation Accounts shall be published in any of the State’s Media.

7. Auditing of Accounts of Local Government

The accounts of the Local Government shall be audited annually in accordance with Part VI of this Law.

8. Dissolution of Local Government Executive Committee and Legislative Council

The Local Government Executive Committee and Legislative Council respectively shall stand dissolved at the expiration of 3 years commencing from the date on which they took their oaths of office.

9. Division of Local Government into wards

Subject to the provisions of this Law, the Commission shall conduct elections on the basis of wards delineated by the Independent National Electoral Commission (INEC).

PART II

Chairman, Vice-Chairman, Supervisors and the Executive Committee of a Local Government

10. Establishment of offices of Chairman, Vice-Chairman and Supervisor

(1)     There shall be for each Local Government a Chairman and a Vice-Chairman.

(2)     Subject to subsection (1) of section 22, the Vice-Chairman shall be the deputy to the Chairman.

(3)     An appointment to the office of Supervisor in a Local Government shall be made by the Chairman in accordance with section 23 (2) of this Law.

(4)     The Executive Committee of the Local Government shall comprise the Chairman, the Vice-Chairman and the Supervisors; and it shall be the function of the Committee to execute all policies and programmes of the Local Government.

(5)     The Executive Committee may by Standing Orders determine that designated principal officers of the Local Government administration may be in attendance at meetings of the Executive Committee but such principal officers shall not have the right to vote thereat.

(6)     The Secretary of the Council shall be the Secretary of the Executive Committee.

(7)     The Chairman may appoint two persons as Special Assistants and one Personal Assistant, while the Vice-Chairman may appoint one person as Special Assistant and one Personal Assistant to assist them in the performance of their functions.

(8)     The Assistants appointed under this section shall come from the local government area they are appointed to serve.

(9)     The remuneration and allowances of such Assistants shall be as prescribed by a Law of the Cross River State House of Assembly.

(10)   The appointment of Assistants under subsection (6) of this section shall be at the pleasure of the Chairman and Vice-Chairman and shall cease when these office holders cease to hold office.

11. Qualification of Chairman and Vice-Chairman

A person shall be qualified to hold the office of Chairman or Vice Chairman if—

(a)     he is a citizen of Nigeria;

(b)     he has attained the age of 30 years;

(c)     he is educated up to at least the School Certificate level or its equivalent;

(d)     he is a member of a political party and is sponsored by that party; and

(e)     he produces evidence of payment of tax for three years preceding the year of election.

12. Disqualification of Chairman or Vice-Chairman

(1)     A person shall not be qualified to hold the office of Chairman or Vice-Chairman if—

(a)     under any law in force in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind;

(b)     he is under a sentence of death imposed on him by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever name called) or for any other offence, imposed on him by such a court or any other sentence imposed on him by such a court or tribunal;

(c)     he is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria;

(d)     he is a person employed in the public service or civil service of the Federation or of any State, or Local Government Council and has not resigned or retired from such employment 30 days before the date of election;

(e)     he is or has been a member of a secret society; and

(f)      he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry whose findings have been confirmed by Government;

(g)     he has presented a forged document purporting it to be one required by the Commission to qualify for election into the said office.

(2)     When in respect of any person who has been—

(a)     adjudged to be a lunatic; or

(b)     declared to be of unsound mind; or

(c)     sentenced to death or imprisonment; or

(d)     adjudged or declared bankrupt, an appeal against the decision is pending in a court of law in accordance with a law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when the appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

(3)     A Chairman shall not hold any other executive office or paid employment in any capacity whatsoever during his tenure of office.

(4)     For the purpose of subsection (2) of this section, “appeal” includes any application for a stay of execution or for injunction pending appeal or for an order of certiorari, mandamus, prohibition or habeas corpus, or an appeal from any such application.

13. Declaration of Assets and Liabilities

A person elected to the office of Chairman shall not begin to perform the functions of that office until and unless he has declared his assets and liabilities as prescribed by the Code of Conduct Bureau and Tribunal Act Cap. 56 1990 or any statutory amendment or re-enactment thereof and has subsequently taken and subscribed before the Governor, the oath of allegiance and the oath of office as prescribed in the Second Schedule to this Law.

[Cap. C15 LFN.]

14. Chairman to nominate Vice-Chairman

(1)     In an election under this Law, a candidate for the Office of Chairman of a Local Government Council shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his associate running for the office of Vice-Chairman, and that candidate shall be deemed to have been duly elected to the office of Vice-Chairman if the candidate who nominated him is duly elected as Chairman.

(2)     The provisions of this Law relating to qualifications for election, tenure of office, disqualification, declaration of assets and liabilities and oaths of allegiance and of office shall apply in relation to the office of the Vice-Chairman as if references to Chairman were references to Vice-Chairman.

15. Impeachment and Removal of Chairman or Vice-Chairman

(1)     The Chairman or Vice-Chairman may be impeached and subsequently removed in accordance with the provisions of this section.

(2)     Whenever a notice of any allegation in writing signed by not less than one-half of the members of the Legislative Council—

(a)     is presented to the Leader of the Legislative Council; and

(b)     such notice states that the holder of the office of Chairman or Vice-Chairman is guilty of misconduct in the performance of the functions of his office, detailed particulars of which shall be specified, the Leader of the Legislative Council shall, within 7 days of the notice, cause a copy of the notice to be served on the holder of the office and on each member of the Local Government Legislative Council and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the Local Government Legislative Council.

(3)     Within 14 days of the presentation of the notice, (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) the Legislative Council without the holder of the office being present at the meeting, shall resolve by motion without any debate but with reference to the notice and any reply thereto that may have been submitted to the Clerk of the Legislative Council, whether or not the allegation shall be investigated.

(4)     A motion of the Legislative Council that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-thirds majority of all the members of the Local Government Legislative Council.

(5)     Within 7 days of the passing of a motion under subsection (4) of this section, the Leader of the Legislative Council shall inform the Chief Judge who shall appoint a Panel of seven persons who in the opinion of the Chief Judge are of unquestionable integrity not being members of—

(a)     any public or civil service; or

(b)     a legislative house; or

(c)     a political party, to investigate the allegation contained in the notice presented to the Leader of the Legislative Council under subsection (2) hereof.

(6)     The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person or be represented before the Panel by a legal practitioner of his own choice.

(7)     A Panel appointed under this section shall—

(a)     have such powers and exercise its functions in accordance with such procedure as may be prescribed by the Cross River State House of Assembly or, failing such prescription, in such manner as the Chief Judge may determine by Order under his hand; and

(b)     within forty-five days of being sworn-in, report its findings to the Legislative Council.

(8)     Where the Panel reports to the Legislative Council that the allegation has not been proved, no further proceedings shall be taken in the matter.

(9)     Where the report of the Panel is that the allegation against the holder of the office has been proved, then within 14 days of the receipt of the report, the Legislative Council shall consider the report and if by a resolution supported by not less than two-thirds majority of all its members, the report of the Panel is adopted then the holder of the officer shall stand impeached and thereby be removed from office as from the date of the adoption of the report.

16. Suspension of Chairman, Vice-Chairman, etc.

(1)     Notwithstanding any other provision in this or any other Law, the Chairman or Vice-Chairman or the Legislative Council of a Local Government Area may by order of the Governor, supported by a resolution passed by a simple majority of all the Members of the State House of Assembly be suspended from office for a period not exceeding 90 days, pending investigation into any allegation of misconduct, fraud or conduct capable of threatening peace or causing a breakdown of public order and safety in that Local Government Area, or any part thereof: Provided that the House of Assembly may by a Resolution supported by a simple majority of all the Members of the Cross River State House of Assembly also order the suspension of any of the Officers of Institutions specified above.

(2)     Where the Governor fails or neglects to carry out the suspension order within 7 days of the passing of the resolution by the House, the affected Chairman or Vice-Chairman, or the Legislative Council as the case may be, shall stand suspended upon the passing of a resolution by a simple majority of all the members of the House.

(3)     During the period of suspension, the suspending authority may freeze the Account of the affected Local Government Council.

(4)     Where a Chairman is suspended under this section, the Vice-Chairman shall assume the duty of administering the Local Government Council and where both the Chairman and Vice-Chairman are suspended, the Leader of the Legislative Council shall assume the said duty.

(5)     Where the Chairman, Vice-Chairman and Legislative Council are all suspended, the Governor shall upon a simple majority resolution of all the Members of the House of Assembly appoint a Sole Administrator for the Local Government Council.

(6)     Such a Sole Administrator shall remain in Office during the period of such a suspension.

(7)     At any time when a Local Government Legislative Council in the State is unable to perform its functions by reason of the situation prevailing in that Council, the Cross River State House of Assembly may make laws for the peace, order and good government of that Local Government Council with respect to matters on which the Local Government Legislative Council may make by-laws as may appear to the Cross River State House of Assembly to be necessary or expedient until such time as the Legislative Council is able to resume its functions, and any such Laws enacted by the Cross River State House of Assembly pursuant to this section shall have effect as if they were enacted by the Legislative Council of that Local Government.

17. Removal of Elected officials of Council

(1)     Notwithstanding any other provision in this or any other Law, any elected official of a Local Government Council shall be removed by the Governor through an address supported by two-third majority of the Members of the House of Assembly if such an elected official is found guilty of the allegations under section 16 of this Law.

(2)     Where the Governor fails or neglects to remove an elected official of the Local Government Council within 7 days after the passing of a resolution to remove him, the affected official shall stand removed upon the passing of a resolution to that effect by two-third majority of the Members of the House.

(3)     Where a vacancy occurs in the circumstances mentioned in this section, there shall be a by-election to fill such a vacancy within 30 days from the occurrence of such a vacancy.

18. Dissolution of Local Government Council

(1)     The Governor of the State shall upon a two-third resolution of the Members of the House of Assembly in support thereof dissolve any Local Government Council, if it appears to him that there is a breakdown of law and order or that the Local Government Council was discharging its functions in a manner that is detrimental to the welfare of the people.

(2)     In this section—

“Local Government Council” means and includes the Chairman, Vice-Chairman, Councillors and Supervisors.

(3)     Where a Local Government Council is dissolved under subsection (1) of this section, there shall be a by-election to fill all the vacancies thereof within 60 days from the occurrence of such a dissolution; and the Governor shall with the approval by a two-third resolution of the House of Assembly appoint a Sole Administrator who shall remain in Office during the period of such a dissolution.

19. Alternative procedure for the removal of the Chairman and Vice-Chairman

(1)     The House of Assembly may on the basis of written complaints or allegation of misconduct by an identifiable member or members of the general public or on the advice of the Governor, request the Chief Judge to constitute a Panel of Investigation, constituted in the same manner and having the same powers as in subsections (5), (6) and (7) of section 15 above, to inquire into the said allegations of misconduct and submit a report to the House of Assembly within forty days of being sworn in.

(2)     If the allegations of misconduct are established by the Panel of Investigation, the House of Assembly shall debate the report and upon a motion for a resolution to adopt the report and another resolution to hold that the findings therein warrant the removal of the holder of the office, passed by two-thirds of all the members of the House, then the holder of the office shall stand removed as from the date of the adoption of the report.

(3)     If the Panel of Investigation reports to the House of Assembly that the alleged misconduct has not been established, then no further proceedings shall be taken in the matter and the holder of the office shall remain therein.

(4)     In sections 15 and 16, “misconduct” means breach of the Oath of Allegiance or Oath of Office of Chairman and Vice-Chairman or a breach of the provisions of this Law or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets and liabilities or conviction for treasonable felony.

20. Permanent incapacity of Chairman and Vice-Chairman

(1)     The Chairman or Vice-Chairman shall cease to hold office if—

(a)     by a resolution passed by two-third majority of all the members of the Legislative Council it is declared that the Chairman or the Vice-Chairman is incapable of discharging the functions of his office; and

(b)     the declaration is verified under paragraph (a) of this subsection after such medical examination as may be necessary by a medical panel established under subsection

(4)     of this section in its report to the Leader of the Local Government Legislative Council.

(2)     Where the medical panel certifies in the report that in its opinion, the Chairman or Vice-Chairman is suffering from such infirmity of body or mind as to render him permanently incapable of discharging the functions of his office, a notice of the medical report signed by the Leader of the Legislative Council shall be published in the State Gazette.

(3)     The Chairman or Vice-Chairman shall cease to hold office from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.

(4)     The medical panel referred to in this section shall be appointed by the Leader of the Legislative Council and shall comprise three medical practitioners in Nigeria, of whom—

(a)     one shall be a medical practitioner of the choice of the Chairman or Vice-Chairman or their respective next-of-kin as the case may be; and

(b)     two shall be other medical practitioners.

21. Discharge of functions of Chairman

(1)     The Vice-Chairman shall hold the office of the Chairman of the Local Government if the office of the Chairman becomes vacant by reason of death, resignation or removal from office in accordance with section 15 or 16 of this Law.

(2)     Where a vacancy occurs in the circumstances mentioned in subsection (1) of this section or for any other reason during a period when the office of Vice-Chairman is also vacant, the Leader of the Council shall hold the office of Chairman for a period of not more than 3 months during which there shall be an election of a new Chairman.

(3)     Where the office of the Vice-Chairman becomes vacant—

(a)     by reason of death or resignation or removal in accordance with section 16 of this Law;

(b)     by this assumption of office of the Chairman in accordance with subsection (1), of this section; or

(c)     for any other reason, the Chairman shall nominate one of the Councillors and with the approval of a majority of the members of Local Government Council appoint him as the new Vice-Chairman of the Local Government Council.

(4)     The Commission shall conduct a by-election to fill the vacant seat created in the ward from which the new Vice-Chairman has been appointed.

22. Executive responsibility of Vice-Chairman and Supervisors

(1)     The Chairman shall assign to the Vice-Chairman specific executive responsibilities in respect of the business of the Local Government.

(2)     The Chairman shall in his discretion assign to any supervisor of the Local Government responsibility for any business of the Local Government including the administration of any department of the Local Government.

(3)     There shall be established for each Local Government an Executive Committee, whose functions shall include the following—

(a)     implementation of by-laws duly passed by the Legislative Council;

(b)     drafting policy proposals for legislation into by-laws;

(c)     determining the policy to be adhered to by the Departments and other executive bodies of the Local Government in the preparation of annual budget estimates for submission to the Legislative Council;

(d)     receiving and considering draft estimates from all Departments and executive bodies of the Local Government for collation and preparation of draft Annual Estimates of Revenue and Expenditure for the Local Government;

(e)     submitting the draft Annual Estimates of Revenue and Expenditure to the Cross River State House of Assembly under paragraph (b) of subsection (2) of section 3 herein;

(f)      examining proposals and submitting recommendations to the Legislative Council for Supplementary Estimates of Revenue and Expenditure and the reallocation of funds; and

(g)     day-to-day general management and control of the administration and finances of the Local Government.

(4)     The Executive Committee of a Local Government shall hold regular meetings at least once a week for the purpose of—

(a)     considering monthly the finance/accounting operations and their reconciliation and the state of revenue collection in the Local Government during the preceding month;

(b)     determining the general direction of the policies of the Local Government;

(c)     coordinating the activities of the Local Government; and

(d)     generally discharging the executive functions of the Local Government.

23. Supervisors and Treasurer of Local Government

(1)     There shall be such offices of Supervisors of the Local Government, being not more than five in number, as may be established by the Chairman.

(2)     Subject to section 14 (4) of the Constitution of the Federal Republic of Nigeria 1999, the Chairman shall nominate any person, and the Legislative Council shall confirm such nomination, for appointment to the office of Supervisor in the Local Government.

(3)     Where a Councilor is appointed as a Supervisor in the Local Government, he shall be deemed to have resigned his membership of the Legislative Council on his taking the Oath of Office as a Supervisor.

(4)     No person shall be appointed as Supervisor in the Local Government unless he is qualified for election as a Councilor, and comes from the local government area he is appointed to serve.

(5)     Any appointment to the office of Supervisor under this section shall be deemed to have been made where the Chairman has received no return from the Legislative Council within 21 days of the receipt of nomination by the Legislative Council.

(6)     Supervisors shall be members of the Local Government Executive Committee and as such they shall—

(i)      be the executive heads of the Departments of the Local Government Council established by subsection (3) of section 4 of this Law;

(ii)     assist and advise the Chairman in the formulation and execution of budgets, policies and programmes of the local government; and

(iii)    perform such other duties as the Chairman may assign to them from time to time.

(7)     That there shall be in each Local Government a Supervisor responsible for Finance and Planning and he shall—

(a)     facilitate the work of the Audit Alarm Committee established by the local government Legislative Council; and

(b)     be responsible for budgetary control and supervision of the accounts of the local government.

(8)     There shall be in each local government the Office of Treasurer who shall be the Chief Accountant of the Local Government, under the supervision of the Supervisor responsible for Finance and Planning and he shall—

(a)     be the Accounting Officer for all receipts and payments of the local government;

(b)     be responsible for preparing and publishing monthly, quarterly and annual financial reports of the local government; and

(c)     be a signatory to all local government cheques and vouchers.

(4)     The Commission shall conduct a by-election to fill the vacant seat created in the ward from which the new Vice-Chairman has been appointed.

24. Office holders of the Local Government

(1)     There shall be for every Local Government in the State a Secretary to the Local Government, and a Legal Adviser of the Local Government, both of whom shall be appointed by the Chairman of the Local Government, subject to the confirmation of the Legislative Council.

(2)     The Secretary shall be a holder of a bachelor’s degree or its equivalent with five years post-graduation experience.

(3)     The Secretary shall be the head of the Secretariat of the Executive arm and shall advise the Chairman on the day-to-day administration of the Local Government; and as head of the Secretariat, he shall, under the direct supervision of the Chairman—

(a)     record and keep all records of the proceedings of Executive Committee meetings;

(b)     co-ordinate the formulation of policies and the implementation of decisions of the Executive Committee and directives of the Chairman; and

(c)     ensure effective monitoring, co-ordination and follow-up of actions on the implementation of the budget, policy and programmes of the Local Government by the various departments of the Local Government administration.

(4)     The Secretary appointed under this section shall come from the local government area he is appointed to serve.

(5)     The Legal Adviser shall be the head of the Legal Department of the Local Government and shall be the chief legal adviser to the Executive Committee; he shall be a legal practitioner with not less than five years post-call experience.

(6)     The Clerk of the Legislative Council shall be the head of the administration and secretariat of the Legislative Council. He shall be responsible for the recording and preservation of all proceedings of the sittings of the Legislative Council and for the provision of advice to the Leader of the Legislative Council.

(7)     There shall be a Press Secretary and a Protocol Officer for the Chairman, and a Protocol Officer for the Vice-Chairman appointed by the Chairman and Vice-Chairman respectively.

(8)     No appointment other than those prescribed in this Law shall be permitted in the Local Government Council.

25. Tenure of Office of Chairman

(1)     Subject to the provisions of this Law a person shall hold the office of Chairman until—

(a)     he becomes a member of a legislative house; or

(b)     he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Federal Government of Nigeria or a Commissioner of the Government of a State; or

(c)     being a person whose election was sponsored by a political party, he resigns from that political party for any reason whatsoever or becomes a member of another political party before the expiration of the period for which he was elected: Provided that his membership of another political party, is not as a result of a division in his party; or

(d)     when his successor in office takes the oath of that office; or

(e)     he dies whilst holding that office; or

(f)      the date when his resignation from office takes effect; or

(g)     he otherwise ceases to hold office in accordance with the provisions of this Law; or

(h)     he becomes a member of a secret society or does any other thing disqualifying him from holding the office of Chairman under this Law; or

(i)      the Secretary of the Local Government receives a certificate under the hand of the Chairman of the investigative panel stating that the provisions of section 16 of this Law have been complied with in respect of the removal of the Chairman; and

(j)      any other circumstances arise that, if he were not a Chairman, would cause him to be disqualified for election to the office of Chairman.

(2)     The Secretary of the Local Government shall give effect to the provisions of subsection (1) of this section, so however, that the Secretary shall first present evidence satisfactory to the Local Government Council that any of the provisions of that subsection has become applicable in respect of the Chairman.

(3)     Subject to the provisions of subsection (1) of this section, the Chairman shall vacate his office at the expiration of a period of 3 years commencing from the date when—

(a)     in the case of a person first elected as Chairman under this Law, he took the Oath of Allegiance and the Oath of Office; or

(b)     the person last elected to that office took the Oath of Allegiance and the Oath of Office or would but for his death have taken those Oaths.

(4)     Subject to the provisions of this Law, the Chairman and Vice-Chairman shall hold office for not more than 2 terms.

(5)     The Chairman and his Vice shall resign from office 30 days before they seek reelection.

26. Death of Chairman–elect before Oath of Office

(1)     If a person duly elected as Chairman dies before taking and subscribing to the Oath of Allegiance and the Oath of Office, the person elected with him as Vice-Chairman shall be sworn in as a Chairman who shall then nominate and with the approval of the majority of the members of  the Local Government Council appoint a new Vice-Chairman.

(2)     Where the Vice-Chairman is appointed from among the Councilors as the new Vice-Chairman, the Commission shall conduct a by-election to fill the vacant seat created in the ward from which the new Vice-Chairman has been appointed.

(3)     Where the persons duly elected as Chairman and Vice-Chairman of the Local Government Council die before taking and subscribing to the Oath of Allegiance and the Oath of Office during which period the Local Government Council has not been inaugurated, the Commission shall immediately conduct an election for a Chairman and a Vice-Chairman of the Local Government.

PART III

Councilors

27. Number of Councilors in aWard

There shall be elected from every ward in a Local Government Area, one Councillor.

28. Qualification of Councilors

Subject to the provisions of section 24 of this Law, a person shall be qualified to hold the office of a Councilor if he—

(a)     is a citizen of Nigeria;

(b)     has attained the age of 30 years;

(c)     has been educated up to at least the School Certificate level or its equivalent;

(d)     he is a member of a political party and is sponsored by that party; and

(e)     evidence of tax payment for the past three years preceding the year of election.

29. Disqualification of Councilors

(1)     No person shall be qualified to hold the office of Councilor if—

(a)     under any law in force in any part of the Federation, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or

(b)     he is under a sentence of death imposed on him by a Court of Law or Tribunal in Nigeria or a sentence of imprisonment for an offence involving dishonesty or fraud (by whatever name called) imposed on him by that Court; or

(c)     he has been found guilty of contravention of the Code of Conduct under the Code of Conduct Bureau and Tribunal Act; or

[Cap. C15 LFN.]

(d)     he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Federation; or

(e)     he is a person employed in the public service of the Federation or of any State, or of any local government and he has not resigned, withdrawn or retired from such employment 30 days before the date of the election; or

(f)      he is a member of a secret society; or

(g)     he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or a Tribunal under the Tribunals of Inquiry Act or any other law set up by the Federation, State or Local Government.

(2)     Where in respect of any person who has been—

(a)     adjudged to be a lunatic; or

(b)     declared to be of unsound mind; or

(c)     sentenced to death or imprisonment; or an appeal against the decision is pending in a court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when the appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

(3)     For the purpose of subsection (2) of this section—

“appeal” includes an application for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus, or an appeal from an such application.

30. Declaration of Assets and Liabilities, Oaths of Councilors, etc.

A person elected as Councilor shall before taking his seat declare his assets and liabilities as prescribed in the Code of Conduct Bureau and Tribunal Act Cap. 56 1990 and subsequently take and subscribe before the Chairman of the local government the Oath of Allegiance and the Oath of Office prescribed in Schedule 2 of this Law.

31. Tenure of Office of Members of the Legislative Council

(1)     A member of a Legislative Council shall vacate his seat in the Council at the expiration of the period for which the Legislative Council was elected or—

(a)     if he becomes a member of a legislative house other than the Council;

(b)     on the date when his letter of resignation takes effect; or

(c)     if he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State; or

(d)     being a person whose election was sponsored by a political party, he resigns from that party for any reason whatsoever or becomes a member of another political party before the expiration of the period for which he was elected; provided his membership of another political party is not as a result of a division of his former political party;

(e)     if he becomes a member of a secret society or does any other thing disqualifying him from holding the office of Councilor under this Law; or

(f)      if the Chairman of the Local Government receives a certificate under the hand of the Chairman of the Commission stating that the provisions of section 32 of this Law have been compiled with in respect of the recall or removal of that member; and

(g)     any other circumstances arise that, if he were not a Councilor, would cause him to be disqualified for election as such a member.

(2)     The Leader of the Legislative Council shall give effect to subsection (1) of this section, so however, that the Leader shall first present evidence satisfactory to the Legislative Council that any of the provisions of that subsection has become applicable in respect of that member.

32. Recall or Removal of a Councilor

A Councilor may be recalled from office if—

(a)     there is presented to the Chairman of the Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that Councilor’s ward alleging their loss of confidence in that Councilor;

(b)     there must be verification, cross-checking and confirmation of the actual signatories by the Commission; and

(c)     the petition is thereafter approved in a referendum conducted by the Commission within 40 days of the date of the receipts of the petition by a simple majority of the vote of the person registered to vote in that Councilor’s ward.

PART IV

Functions of a Local Government

33. Functions of a Local Government

The main functions of a Local Government shall be as follows—

(a)     the formulation of rate and issuance of radio and television licenses;

(b)     collection of rate and issuance of radio and television licenses;

(c)     establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm;

(d)     licensing of bicycles, trucks (other than mechanically propelled trucks), canoes, wheelbarrows and carts;

(e)     establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor parks and public conveniences;

(f)      construction and maintenance of roads, street lighting, park gardens, open spaces or such public facilities as may be prescribed from time to time by the House of Assembly;

(g)     naming of roads and streets and numbering of houses;

(h)     provision and maintenance of public conveniences, sewage and refuge disposal;

(i)      assessment of privately owned houses or tenements for the purpose of levying such rates as may be prescribed by House of Assembly of the State;

(j)      control and regulation of—

(i)      outdoor advertising and boarding;

(ii)     movement and keeping of pets of all description;

(iii)    shops and kiosks;

(iv)    restaurant, bakeries and other places for sale of food to the public;

(v)     laundries; and

(vi)    licensing, regulation and control of the sale of liquor.

34. Other functions of the Local Government

The functions of the Local Government shall include participation in the Government of the State as respects the following matters, that is—

(a)     the provision and maintenance of primary, adult and vocational education;

(b)     the development of agriculture and natural resources, other than the exploitation of minerals;

(c)     the provision and maintenance of health services;

(d)     such other functions as may be conferred on a Local Government by the Constitution of Federal Republic of Nigeria for the time being in force and by the House of Assembly; and

(e)     charge such rates and taxes as may be approved by the Cross River State House of Assembly.

35. Local Government Legislative Councils as Legislatures

(1)     The Legislative Council is hereby declared to be the legislature of a Local Government Area.

(2)     Accordingly the legislative powers of a Local Government shall be exercised by the Local Government Legislative Council.

36. Leader and Deputy Leader of Council

(1)     There shall be a Leader and a Deputy Leader of the Legislative Council to be elected by Councilors from among themselves.

(2)     The Leader or Deputy Leader shall vacate his office—

(a)     if he ceases to be a Councilor;

(b)     when the Local Government is dissolved; and

(c)     if he is removed from office by a resolution of two-thirds of all the members of the Council.

(3)     The Leader and Deputy Leader may appoint one person each as Personal Assistant to assist them in the performance of their functions.

(4)     The remuneration and allowances of such Personal Assistants shall be as prescribed by a Law of the Cross River State House of Assembly.

(5)     The appointment of a Personal Assistant shall be at the pleasure of the Leader or Deputy Leader and shall cease when the Leader or Deputy Leader ceases to hold office.

37. Sitting of Local Government Legislative Council

(1)     The Legislative Council shall sit for a period of not less than 120 days in a year.

(2)     A Councilor shall vacate a seat if without just cause, he absents himself from meetings of the Legislative Council for a period amounting to the aggregate to more than one half of the total number of days during which the Legislative Council meets in any one year.

38. Presiding at meetings of the Local Government Legislative Council

At any sitting of the Legislative Council the Leader shall preside and in his absence the Deputy Leader shall preside over such sitting.

39. Quorum

The quorum of a Legislative Council meeting shall be one-half of all the members of the Local Government Council; or, if that number is a fraction, the quorum shall be rounded up to the nearest whole number.

40. Voting and casting of votes

Except as otherwise provided by this Law, a question proposed for decision in the Legislative Councils shall be determined by a simple majority of the members present and voting, and the person presiding shall have a casting vote whenever to avoid an equality of votes.

41. Regulation of Procedure

Subject to the provision of this Law, the Legislative Council shall regulate its own procedure, including the procedure for summoning and recess of the Local Government Legislative Council.

42. Address by Chairman

(1)     The Chairman shall on a quarterly basis address a meeting of the Legislative Council on the state of affairs of the Local Government Area.

(2)     The Chairman of the Local Government may attend the meeting of the Legislative Council either to deliver an address on the affairs of the Local Government or to make such statements on the policy of the Local Government as he may consider to be important to the Local Government Area.

(3)     A Supervisor or any other official of a Local Government shall attend the Legislative Council meeting if he is invited to explain to the Legislative Council the conduct of the affairs for which he has responsibility when those affairs are under discussion.

43. Mode of exercising the Legislative powers of the Council

(1)     The Legislative power vested in the Local Government shall be exercised by by-laws passed by the Legislative Council and except as otherwise provided by this section, assented to by the Chairman of the Local Government.

(2)     A by-law shall not come into force unless it has been duly passed, and subject to subsection (1) of this section, assented to in accordance with the provisions of this section.

(3)     Where a by-law has been passed by the Legislative Council it shall be presented to the Chairman of the Local Government for assent.

(4)     Where a by-law is presented to the Chairman for assent he shall within 30 days hereof assent or signify that he withholds assents.

(5)     Where the Chairman withholds assent and the by-law is again passed by two-third majority votes of the Legislative Council, the by-law shall come into force and the assent of the Chairman of the Local Government shall not be required.

44. Functions of the Council

The Legislative Council shall in addition to any other powers conferred on it by this Law or any other Law, have the following functions—

(a)     debating, approving and amending the annual budget of the Local Government provided that such budget shall further be submitted to the State House of Assembly by the Clerk of the Council, for information;

(b)     vetting and monitoring the implementation of projects and programmes in the budget of the Local Government;

(c)     examining and debating monthly statement of income and expenditure rendered to it by the Local Government;

(d)     advising, consulting and liaising with the Chairman of the Local Government; and

(e)     performing such other functions as may be assigned to it by any other Law of the State House of Assembly.

45. Staff of the Local Government Legislative Council

(1)     There shall be a Clerk to the Legislative Council and such other staff as may be required by the Local Government Legislative Council, to be deployed by the Local Government Service Commission.

(2)     A Clerk deployed under this section must have experience and training in legislative practice and procedure; and no Local Government Area in the state shall produce more than one Clerk.

46. Executive Powers

(1)     The executive powers of Local Government vested in the Chairman under section 4 of this Law—

(a)     may, subject to the provisions of this Law or any other Law of the State and bylaws made by the Legislative Council be exercised by him either directly or through:

(i)      the Vice-Chairman of the Local Government; or

(ii)     Supervisors of the Local Government; or

(iii)    Officers in the service of that Local Government; and

(b)     shall extend to the execution and maintenance of this Law, all by-laws made by the Legislative Council and to all matters with respect to which the Legislative Council has the power to make by-laws.

(2)     The executive power vested in the Chairman shall not be exercised so as to impede or prejudice the exercise of the executive powers of the Federation or of the State or to endanger any asset or investment of the Government of the Federation or of the State Government in the Local Government Area.

(3)     The Chairman, Vice-Chairman, Councilors, Secretary of Council, Supervisors and Senior Civil Servants shall be fully resident within the Local Government Area; and failure to do so shall, in addition to any other cause provided in this Law, be a ground for the impeachment or removal or recall of the holders of offices listed herein.

(4)     In the case of a Civil Servant, removal from Office pursuant to the provisions of subsection (3) of this section shall be in accordance with the provisions of the Civil Service Rules.

47. Appointment of Supervisors

Appointment to the offices of Supervisors shall be made by the Chairman within 30 days of his taking of the Oath of Office subject to confirmation by the Local Government Legislative Council.

PART V

Local Government Service and Local Government Service Commission, etc.

48. Local Government Service

There shall be for the State a Local Government Service, which shall comprise all persons employed by the Local Government Service Commission as staff of a local government in the State.

49. Pension rights

(1)     Subject to the provisions of subsection (2) of this section the right of a person in the service of a Local Government to receive pension or gratuity shall be regulated by a Law.

(2)     A benefit to which a person is entitled in accordance with or under a Law as is referred to in subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under a Law, including the Code of Conduct under the Code of Conduct Bureau and Tribunal Act Cap. 56 1990.

(3)     A pension received in respect of service in the Service of the Local Government shall not be taxed.

50. Observance of Code of Conduct

A person in the service of a local government shall observe and conform to the Code of Conduct under the Code of Conduct Bureau and Tribunal Act Cap. 56 1990.

51. Local Government Service Commission

There shall be for the State a Local Government Service Commission (in this Law referred to as the “Service Commission”).

52. Composition, Tenure and Remuneration

(1)     The Service Commission shall comprise the Chairman, and six members who shall, in the opinion of the Governor of the State be persons of unquestionable integrity and extensive experience in either the public or the private sector.

(2)     The Chairman and members shall be appointed by the Governor such that at least two members come from each Senatorial District of the State; and each Senatorial District of the State; and each appointment shall be confirmed by the House of Assembly.

(3)     Any person appointed pursuant to subsection (2) of this section shall hold office for a period of 3 (three) years from the date of his appointment: Provided that where a person has been appointed from a Public Service of the Federation or of a State he shall be entitled to return to the Public Service of the Federation or of the State.

(4)     The Office of a member or of the Chairman shall become vacant if—

(a)     he by notice under his hand and addressed to the Governor, resigns his office; or

(b)     the Governor at any time revokes the appointment of such member or Chairman subject to two-third majority of votes of the members of the House of Assembly.

(5)     There shall be paid to every member of the Commission such salaries and allowances as may be determined by the House of Assembly of the State.

(6)     There shall be a statutory deduction of 5% out of the total sum accruing periodically to the Local Government in the State from the Federation Account which shall be paid to the Service Commission to run training and related programs for staff of the Local Government service.

53. Functions of the Service Commission

(1)     The Service Commission shall—

(a)     subject to the approval of the Governor recruit, deploy, promote and transfer, all officers and staff of the Local Government Service;

(b)     exercise disciplinary control over all persons so employed in the Local Government Service; provided however that pending the drafting and approval of appropriate rules by the Service Commission, the Cross River State Public Service Rules, 2001 and any extant circulars and amendments from time to time made thereto shall apply mutatis mutandis to Local Government Service.

54. Establishment of Ministry of Local Government Affairs

(1)     There shall be established for the State a Ministry of Local Government Affairs.

(2)     There shall also be statutory deduction of 2% out of the total sum accruing periodically to the Local Governments in the State from the Federation Accounts, which shall be paid to the Ministry to enable it carry out such functions as may be assigned to under this Law and by the Governor.

PART VI

Auditing of Accounts of Local Government

55. Auditor-General for Local Government

(1)     There shall be an Auditor-General for the Local Governments of the State who shall be appointed by the Governor of the State subject to confirmation by the State House of Assembly.

(2)     The accounts of a Local Government and of all offices of the Local Government shall be audited at least annually but more frequently if need be by the Auditor-General for Local Governments of the State who shall submit the annual audited accounts of each Local Government to the House of Assembly.

(3)     For the purposes of subsection (2) of this section, the Auditor-General for Local Governments or any person authorised by him in that behalf shall have access to all books, records, returns and other documents relating to those accounts.

(4)     In the exercise of his function under this Law, the Auditor-General for Local Government shall not be subject to the direction or control of any other authority or person.

56. Removal of the Auditor-General for Local Government

The Auditor-General for Local Governments may be removed upon an address by the Governor supported by a resolution passed by two-third majority of the members of the House of Assembly.

PART VII

Legal Proceedings

57. Interpretation in Part VII

In this part—

“Court” includes the High Court or a Magistrate’s Court or a Customary Court;

“Suit” means a civil proceeding commenced by writ of summon or in such other manner as may be prescribe by rules of court.

58. Limitation of suit against Local Government

When any suit is commenced against any Local Government for any act done in pursuance of execution or intended execution of any law or of any public duty or authority in respect of any alleged neglect or default in the execution of any such law, duty or authority, such suit shall not lie or be instituted unless it is commenced within one year next after the act, neglect or default complained of, or in the case of a continuance of damage or injury within six months after the ceasing thereof.

59. Mode of Service on a Local Government

Any summons, notice or other document required or authorised to be served on a Local Government is in connection with any suit by or against such Local Government shall be served by delivering the same personally to the Secretary to the Local Government at the principal office of the Local Government or, failing that, at any place within Cross River State where he may be found: Provided that the court may, with regard to any particular suit or document, order service to be effected in accordance with the terms of such order.

60. Description of Property

Whenever in any criminal process or proceeding it is necessary to refer to the ownership or description or property belonging to or under the management of the Local Government, such property may be described as the property of the Local Government.

61. Onus of Proof

Where in any proceedings under this law any person is summoned or otherwise dealt with as the occupier of any tenement or building and such alleges that he is not the occupier, the Local Government shall be entitled to proceed to judgment and detrain the tenement or building.

62. Proof of Name of Local Government

In any proceedings instituted by or against a Local Government it shall not be necessary to prove the corporate name of the Local Government or the constitution and limits of its area.

PART VIII

Elections, etc.

63. Conduct and time of Election

(1)     Notwithstanding any provision to the contrary in any other enactment or law, the conduct of Local Government elections under this Law shall be under the direction, organization and supervision of the Commission and in accordance with the Constitution of the Federal Republic of Nigeria, the provisions of this Law and any other enactment or law, regulation, guidelines, rules or manuals issued or made by the Commission.

(2)     The date for the Local Government Election shall not be later than 90 days before the expiration of the subsisting tenure.

64. Polling Stations or Units

The Commission may designate such public buildings as it may deem appropriate to be used as Polling Stations or Units in addition to polling booths which may be erected by the Commission: Provided that the residence and palaces of traditional rulers shall not be designated as public buildings, Polling Stations or Units.

65. Persons eligible to vote

(1)     A person shall be eligible to vote in an election under this Law if—

(a)     he is a citizen of Nigeria;

(b)     has attained the age of eighteen years;

(c)     he is ordinarily resident in the ward or Local Government Area where he intends to vote or is an indigene of the ward or Local Government Area; and

(d)     he is registered as a voter in the ward where he intends to vote, and subject to subsection (3) of this section has obtained a registration card to be presented at the Polling Station or Unit on the day of election.

(2)     A person shall be deemed to be ordinarily resident in a place where he normally lives, sleeps or has his usual abode, whether or not he is an indigene of that place.

(3)     Where a person claims that his name is on the register of voters for the Polling Station or Unit, but that his registration card is missing or has been destroyed, the Presiding Officer shall, if—

(a)     the name of the person is found in the register of voters for the polling station or units;

(b)     he is satisfied that the person is not impersonating any other person, allow the person to vote.

66. Procedure for Voting

(1)     Voting shall be by secret ballot and in accordance with the provisions of this Law.

(2)     Subject to the provision of the Law, voting for a particular election shall take place on the same day and at the same time throughout the State.

67. Qualification for Contesting Elections

A person shall be qualified for election under this Law if—

(a)     he is ordinarily resident in the ward or constituency in which he intends to contest the election or is an indigene of that ward or constituency;

(b)     he produces evidence of tax payment as and when due for a period of three consecutive years immediately preceding the year of the election;

(c)     in the case of election to the Office of Councillor, he is nominated in writing by 10 persons whose names appear in the register or voters for the ward in which he intends to contest the election;

(d)     in the case of election to the Office of Chairman, he is nominated in writing by 20 persons, coming from at least two-third of all the wards in the Local Government Area where he intends to contest the election, whose names appear in the register of voters from the respective wards;

(e)     he has not been found guilty of any criminal offence by any court or tribunal in Nigeria or in any other Country;

(f)      he has not been adjudged guilty of treason or treasonable felony by any court or tribunal in Nigeria;

(g)     he is not a member of any secret society;

(h)     he is a member of a registered political party; and

(i)      in the case of a candidate contesting election into the office of Chairman, he has nominated from a ward other than his own another candidate who shall run as his associate candidate for the office of the Vice-Chairman.

68. Campaign for Election

(1)     Candidates, their supporters and political parties shall campaign for elections in conformity with the guidelines which may be issued by the Commission or in accordance with the provisions of any enactment relating thereto.

(2)     A candidate who contravenes any guidelines issued by the Commission or the provisions of any enactment, relating to campaign may be disqualified from contesting the election by the Commission.

69. Nomination, etc.

(1)     If after the latest time for the delivery of the nomination papers and the withdrawal of candidates for election of Councilors under this Law only one candidate remains duly nominated, that candidate shall be declared as returned unopposed.

(2)     If after the latest time for the delivery of nominations papers and for withdrawal of candidates for election of Councilors under this Law more than one candidate remains nominated, a poll shall be taken in accordance with the provisions of this Law.

(3)     Where as election to the office of Chairman—

(a)     at the close of nomination only one candidate has been nominated, the Commission shall extend the time for nomination;

(b)     at the close of nomination one of candidates nominated for the election is the only candidate by reason of the disqualification, withdrawal, incapacitation, disappearance, or death of the other candidate, the Commission shall extend the time for nomination by 7 days: So however that where after the extension only one candidate remains validly nominated, there shall be no further extension.

70. Election of Chairman

(1)     A candidate for an election to the office of Chairman shall be deemed to have been duly elected to office where being the only candidate nominated for the election—

(a)     he has majority of YES votes over NO votes cast at the election;

 

(b)     he has not less than one-third of the YES votes cast at the election in each of at least two-thirds of all the wards in the Local Government Area; but where the only candidate fails to be elected in accordance with this subsection then there shall be fresh nominations.

(2)     A candidate for an election to the office of the Chairman shall be deemed to have been elected where, there being only two candidates for the election—

(a)     he has a majority of the votes cast at the election; and

(b)     he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the wards in the Local Government Area.

(3)     If no candidate is duly elected under subsection (2), the Commission shall within 7 days conduct a second election between the two candidates, and the candidate who scored the majority of votes cast at the election shall be deemed duly elected at the election.

(4)     A candidate for an election to the Office of Chairman shall be deemed to have been duly elected where, there being more than two candidates for the election—

(a)     he has the highest number of votes cast at the election; and

(b)     he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the wards in the Local Government Area.

(5)     If no candidate is duly elected in accordance with subsection (4) of this section, there shall be a second election in accordance with subsection (6) of this section at which the only candidate shall be—

(a)     the candidate who scored the highest number of votes at the election held under subsection (4) of this section; and

(b)     one among the remaining candidates who has the majority of votes in the highest number of wards: Provided however that where in the case of subsection (b) above, there is more than one candidate, the one among them with the highest total number of votes cast at the election shall be the second candidate for the election.

(6)     In default of a candidate duly elected under the foregoing subsections, the Commission shall, within 7 days of the result of the election held under the said subsections arrange for another election between the two candidates and a candidate at such an election shall be deemed to have been duly elected to the office of a Chairman of a Local Government if—

(a)     he has the majority of the votes cast at the election; and

(b)     he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the wards in the Local Government Area.

(7)     If no candidate is duly elected under subsection (6) of this section, the Commission shall, within 7 days of the result of the last election, arrange for another election between the two candidates specified in subsection (6) of this section, and a candidate at this last election shall be deemed duly elected to the office of a Chairman of a Local Government if he scores the majority of votes cast at the election.

71. Appointment and Supervision of Officers under Schedule 3

The appointment and supervision of officers in respect of an election under this Law shall be in accordance with the provisions set out in Schedule 3 to this Law.

72. Procedure at Election

For the purposes of procedure at elections, procedure for voting and all the different forms connected thereto, the Commission may substantially adopt with necessary modifications such procedures and forms as may be prescribed for the Governorship and Legislative Houses Elections by the Federal Government or by the Independent National Electoral Commission, so provided however that the forms in use by the Federal Government or the Commission shall not be used for a Local Government election.

73. Guidelines on Forms

The State Independent Electoral Commission may otherwise determine in its Guidelines issued from time to time such procedures and forms as are to be used for the conduct of any election under this Law.

PART IX

Electoral Offences

74. Breach of Official Duty

(1)     If a person—

(a)     to whom this section applies; or

(b)     who is for the time being under a duty to discharge any of the functions of that person, without reasonable cause, commits an act or omission in breach of his official duty, he commits an offence and is liable on summary conviction to a fine not exceeding ₦5,000.00 or to imprisonment for a term of 1 year or to both such fine and imprisonment.

(2)     The persons to whom this section applies are—

(a)     an Electoral Officer and an Assistant Electoral Officer;

(b)     a Presiding Officer and an Assistant Presiding Officer;

(c)     a Returning Officer and an Assistant Returning Officer;

(d)     a Poll Clerk and an Assistant Poll Clerk;

(e)     an Orderly; and

(f)      any other officer appointed under paragraph 4 of Schedule 3 to this Law.

75. Offences by Law Enforcement Agents, etc.

(1)     A person to whom this section applies, who is for the time being under a duty to discharge a function relating to an election, if without reasonable cause, before or during an election or at any time thereafter—

(a)     fails to perform or discharge that duty; or

(b)     performs that duty fraudulently, negligently or recklessly; or

(c)     performs any act or omission in breach of that duty, commits an offence and is liable on conviction to a fine of ₦20,000,00 or imprisonment for a term of 3 years of to both such fine and imprisonment.

(2)     The persons to whom this section applies are—

(a)     police officers;

(b)     members of the State Security Service;

(c)     officials and members of staff of the Commissions;

(d)     party agent; and

(e)     any other officer or officers by whatsoever name called appointed to discharge a function relating to the election.

76. Requirement of Secrecy

(1)     Every Electoral Officer, Assistant Electoral Officer, Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Poll Clerk, Assistant Poll Clerk, Poll Orderly or any other officer appointed under paragraph 4 of Schedule 3 to this Law concerned in the conduct of an election and every Party Agent or candidate in attendance at a Polling Station or Unit, at the counting of votes, shall maintain and aid in maintaining the secrecy of the voting.

(2)     No officer, Agent or candidate referred to in subsection (1) of this section shall, except for some purpose authorised by law, communicate to a person before the poll is closed, any information as to the name or number on the register of voters of a voter who has or has not voted at the place of voting.

(3)     No person shall—

(a)     interfere with a voter when recording his vote unless invited by the voter for assistance; or

(b)     communicate to a person or otherwise obtain or attempt to obtain, in the place of voting, information as to the candidate for whom a voter in that place is about to vote or has voted unless while assisting the voter to record his vote; or

(c)     communicate to a person information obtained while assisting a voter as to the candidate for who the voter has voted or is about to vote; or

(d)     communicate at any time to any person any information obtained in the place of voting through whatever means as to the candidate for whom, a voter in that place is about to vote or has voted.

(4)     A person who contravenes any of the provisions of this section commits an offence and is liable on conviction to a fine not exceeding ₦20,000.00 or imprisonment for a term not exceeding 3 years or to both such fine and imprisonment.

77. Corrupt Practices

(1)     A candidate is guilty of corrupt practices if he commits any of the offences defined as a corrupt practice under subsection (3) of this section or if any of those offence is committed with—

(a)     his knowledge or consent; or

(b)     the knowledge or consent of a person who is acting under the general or special authority of the candidate with reference to the election.

(2)     If a corrupt practice as defined in subsection (3) of this section is committed by any candidate elected at an election held under this law, the election of that candidate shall be invalid.

(3)     The expression “corrupt practice” as used in this Law means any of the following offences, that is—

(a)     personation;

(b)     treating;

(c)     undue influence;

(d)     bribery; or

(e)     aiding, abetting, counseling or procuring the Commission of any of the offences specified in paragraphs (a) to (d) of this subsection.

78. Personation and Punishment for personation

(1)     A person who at the election—

(a)     applies for a ballot paper in the name of some other person, whether that name is the name of a person living or dead, or of a fictitious person; or

(b)     having voted once at the election applies at the same election for a ballot paper in his own name or in the name of any other person, living or dead or of a fictitious person, commits the offence of personation.

(2)     A person who at an election—

(a)     votes in the name of some other person, whether that name is the name of a person living or dead or of a fictitious persons; or

(b)     having voted once at an election, votes a second time in his own name, or in the name of any other person living or dead or of a fictitious person, commits the offence of personation.

(3)     A person who is guilty of personation or of aiding, abetting, counselling or procuring the commission of the offence of personation, is liable on conviction to a fine not exceeding ₦5,000 or prisonment for a term not exceeding one year or to both such fine and imprisonment.

(4)     A person charged with the offence of personation shall not be convicted except on the evidence of not less than two witnesses.

79. Treating

(1)     A person who corruptly, by himself or by any other person, either before, during or after an election directly, or indirectly gives or provides or pays wholly or in part, the expense of giving or providing any food, drinks, entertainment or provisions t o or for any person—

(a)     for the purpose of influencing that person or any other person to vote or refrain from voting; or

(b)     on account of that person or any other persons, having voted or refrained from voting, at the election commits the offence of treating.

(2)     A voter who corruptly accepts or takes any food, drinks, entertainment or provisions to which subsection (1) of this section relates at an election commits the offence of treating.

80. Undue influence

A person who—

(a)     directly or indirectly by himself or by any other person on his behalf, makes use of or threatens to make use of force, violence, or restraint;

(b)     inflicts or threatens to inflict by himself or by any other person, any temporal or spiritual injury, damages, harm or loss, on or against a person in order to induce or compel that person to vote or refrain from voting, or on account of such person having voted or refrained from voting; or

(c)     by abduction, duress, or fraudulent device or contrivance, impedes or prevents the free use of the vote by a voter or thereby compels, induces, or prevails on a voter to give or refrain from giving his vote at an election, commits the offence of undue influence.

81. Bribery

A person who—

(a)     directly or indirectly by himself or by any other person on his behalf—

(i)      gives, lends or agrees to give or lend or offers or promises to procure or to endeavour to procure any money or valuable consideration to or for any voting; or to or for any person, in order to induce the voter to vote or refrain from voting; or

(ii)     corruptly does an act referred to in sub-paragraph (1) of this paragraph on account of that voter having voted or refrained from voting; or

(b)     directly or indirectly, by himself or by any other person on his behalf, corruptly—

(i)      gives or procures, or promises to procure or to endeavour to procure, any office, place, employment to or for a voter or to or for a person, in order to induce the voter to vote or refrain from voting; or

(ii)     does an act referred to in sub-paragraph (1) of this paragraph on account of a voter having voted or refrained from voting; or

(c)     directly or indirectly, by himself or by any other person on his behalf, makes any gift, loan, offer, promise, procurement or agreement to or for any person or community in order to induce a person or community to procure, or to endeavour to procure the return of a person as a member of a Local Government Council or to an elective office as the case may be; or

(d)     on or in consequence of any gift, loan, offer, promise, procurement or agreement, procures or engages or promises or endeavours to procure, the return of any person as a member of a Local Government or to an elective office as the case may be; or

(e)     advances or pays, or causes to be advanced or paid any money, or any part thereof; or

(f)      knowingly pays or causes to be paid, any money to a person, in discharge or repayment of any money wholly or in part expended in bribery; or

(g)     after an election, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting, at an election, commits the offence of bribery.

(2)     A Voter who, before or during an election, directly or indirectly by himself or any other person on his behalf receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining from voting at an election commits the offence of bribery.

(3)     The provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or an account of any legal expenses bona fide incurred at or concerning an election.

82. Punishment for treating, undue influence and bribery, etc.

(1)     A person who commits the offence of treating, undue influence or bribery, or of aiding, abetting, counseling or procuring the commission of any or those offences, is liable on conviction to a fine not exceeding ₦50,000.00 or imprisonment for a term not exceeding 1 year or to both such fine and imprisonment.

(2)     A person who is guilty of the offence of personating, treating, undue influence or bribery or aiding, abetting, counseling or procuring the committing of any of these offences shall be in addition to any of the punishments, not be eligible, during a period of 5 years from the date of his conviction to be—

(a)     registered as a voter or to vote at any election; or

(b)     elected under this Law or if election before his conviction to retain his seat.

83. Offences in respect of nomination forms, ballot papers, ballot boxes, etc.

(1)     A person who—

(a)     forges or fraudulently defaces or fraudulently destroys a nomination form, or delivers to the officer charged with the conduct of any election, a nomination form, knowing the nomination is forged; or

(b)     forges or counterfeits or fraudulently destroys a ballot paper or the official mark on a ball of paper or a statement of result; or

(c)     without due authority, supplies a ballot paper to a person; or

(d)     fraudulently puts into a ballot box a paper which he is not authorised by the law to put in; or

(e)     fraudulently takes out of the Polling Station or Unit a ballot paper; or

(f)      without due authority, destroys, takes or otherwise interferes with a ballot paper box or ballot papers then in use for the purpose of an election commits an offence.

(2)     A person who commits an offence under this section is liable on conviction to a fine of ₦100,000 or imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

(3)     An attempt to commit an offence specified in this section shall be punishable in the same manner in which the offence itself is punishable.

(4)     In a prosecution for an offence in relation to a nomination paper, ballot box, ballot paper or the marking of instruments at an election held under this Law, the property in the paper, box or instrument shall be stated to be that of the officer charged with the conduct of the election.

(5)     Any candidate who forges, utters or falsifies any document or gives any false information to the Commission for the purpose of nomination for an elective office or post under this Law shall be disqualified as a candidate for that election or any election under this Law and any subsequent elections during the period or 3 years from the date of the Commission of the act.

84. Punishment of persons guilty of certain illegal practices

A person who—

(a)     votes or induces or procures, any person to vote at an election knowing that he or that person is prohibited by this Law or by any other law, from voting at the election; or

(b)     before or during the election, knowingly or recklessly published a false statement of the withdrawal of a candidate, at the election for the purpose of promoting or procuring the election of another candidate, commits an offence and is liable on conviction to fine of ₦50,000 or imprisonment for a term of 1 year or to both such fine and imprisonment.

85. Voting when not registered

A person who willfully votes at an election in a ward or constituency in respect of which his name does not appear on the register of voters commits an offence and is liable on conviction to a fine of ₦50,000 or imprisonment for a term not exceeding one year or to both such imprisonment and fine.

86. Fraudulent use of ballot paper

(1)     A person who, having been issued with a ballot paper in a Polling Station or Unit, takes or attempts to take that ballot paper out of the Polling Station or Unit commits an offence and is liable on conviction to a fine of ₦50,000 or imprisonment for a term of 1 year or to both such fine and imprisonment.

(2)     A person who, at an election, brings into a Polling Station or Unit a ballot paper relating to the election which ballot paper was issued to another person commits an offence and is liable on conviction to a fine of ₦50,000 or imprisonment for a term of 1 year or to both such imprisonment and fine.

(3)     For the purposes of sections 64, 65 and 66 of this Law the expression “refrain from voting” includes taking a ballot out of a Polling Station or Unit contrary to subsection (1) of this section.

(4)     If the Presiding Officer in a Polling Station or Unit has reason to suspect that a person who has been issued with a ballot paper and is about to leave a Polling Station or Unit has the ballot paper in his possession, the Presiding Officer or a person acting under his directions may search that person.

87. Offences relating to statement of result

A person who, being a Presiding Officer at an election—

(a)     gives a certificate or statement of result which, to his knowledge, is false in a material particular; or

(b)     perversely and without lawful excuse, refuses to render a statement of result relating to the election to the officer to whom it is required to be delivered; or

(c)     does anything which impedes or obstructs the proper counting or obtaining of the correct result of the election, commits an offence and is liable on conviction to a fine of ₦100,000 or imprisonment for a term of 2 years or to both such fine and imprisonment.

88. Disqualification of person convicted of certain offences

A person who is convicted of an offence under section 78, 82, 83, 84, 85 or 86 of this Law shall in addition to any other punishment, not be eligible, during a period of three years from the date of his conviction, to be elected under this Law or if elected before this conviction, retain his seat.

89. Disorderly conduct at election

A person, who at any Polling Station or Unit or place being used for the counting of votes, acts or incites others to act in a disorderly manner commits an offence and is liable on conviction to a fine of ₦50,000 or to imprisonment for a term of 1 year or to both such fine and imprisonment.

90. Polling day offence

(1)     No person shall, during voting hours on the date on which a poll is taken in an election in respect of a Local Government election—

(a)     convene, hold or attend a public meeting in the State; or

(b)     operate any megaphone, amplifier or any other public address apparatus in the State for the purpose of making an announcement concerning the election except where the apparatus is operated by an officer, appointed under this Law for the purpose of making official announcements relating to the election.

(2)     No person shall on the date or dates on which a poll is taken at a Polling Station or Unit under this Law—

(a)     canvass for votes; or

(b)     solicit the vote of a voter; or

(c)     persuade a voter to vote; or

(d)     persuade a voter not to vote at the election; or

(e)     shout, exhibit or tender a notice, sign, symbol, slogan, badge, photograph or party card referring to the election; or

(f)      shout slogans concerning the election, within the Polling Station or Unit or in a public or private place within a distance of two hundred metres of the Polling Station or Unit.

(3)     No candidate or any other person, with the connivance of the candidate, shall, whether on payment or otherwise, use, hire or procure any vessel or vehicle for the conveyance of a voter, other than the candidate himself or his agent, to or from a Polling Station or Unit.

(4)     No person shall bring alcoholic liquor, cigarette, narcotics, and other hard substances into or consume same in a Polling Station or Unit or in a place for the counting of votes.

(5)     No person who contravenes the provisions of subsection (1), (2), (3) or (4) of this section commits an offence and is liable on conviction to a fine of ₦25,000 or imprisonment for a term of 1 year or to both such fine and imprisonment.

91. Offences in relation to counting of votes

A candidate or an agent who records the serial number of a rejected ballot paper or a ballot paper commits an offence and is liable on conviction to a fine of ₦50,000 or imprisonment for a term of 1 year or to both such fine and imprisonment.

92. Disturbance at public meeting

A person who at a lawful public meeting to which this Law applies—

(a)     acts or incites another to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called; or

(b)     has in his possession an offensive weapon or missile commits an offence and is liable on conviction to a fine of ₦75,000 or imprisonment for a term of 18 months or to both such fine and imprisonment.

93. Conviction for disqualifying offence to be reported etc.

Where a person is convicted of an offence under this Part of this Law which qualifies him from being elected as a member of a Legislative Council or to an elective office, the court by which he was convicted shall send to the commission the judgment of the conviction.

94. Punishment for attempt, etc., to commit offence

An attempt or a conspiracy to commit an offence specified in this Law shall be punishable in the same manner as the offence.

95. Trial of offences

(1)     An offence committed under this Part of this Law shall be triable in a Chief Magistrate’s Court of the State within the jurisdiction in which the offence is committed.

(2)     A prosecution under this Part of this Law shall only be undertaken by the Attorney-General of the State or by a legal practitioner acting on the Attorney-General’s instructions.

PART X

Determination of Election Petitions arising from Elections under this Law

96. Proceeding to question an election

(1)     No election and no return at an election under this Law shall be questioned in any manner other than by a petition complaining of an undue election or undue return (in this Law referred to as an “election petition”) presented to the Local Government Elections Tribunal in accordance with the provisions of this Law, and in which the person elected or returned is joined as a party.

(2)     The hearing and determination of an election petition brought under this Law shall be conducted in accordance with the procedures set out in Schedule 1 to the Electoral Act, and the Forms set out in Schedule 2 to the said Act; so provided that the said procedure and Forms may be modified to ensure substantial compliance with the requirements of this Law.

[Cap. E6 LFN.]

(3)     Any matter not expressly provided for by the said procedure and Forms shall be determined by an Election Tribunal by resort to the Civil Procedure Rules of the High Court of Cross River State in force for the time being.

97. Establishment and composition of Election Tribunal

(1)     There shall be established for the State one or more Election Tribunals, as may be determined by the Chief Judge, to be known as Local Government Election Tribunals (in this Law referred to individually as an “Election Tribunal”) which shall, to the exclusion of any other court or tribunal, have original jurisdiction to hear and determine any question as to whether any person has been validly elected at an election under this Law; or the term of office of any person has ceased or the seat of a person in the Local Government Council has become vacant.

(2)     An Election Tribunal shall consist of a Chairman and two other members to be appointed by the Chief Judge of the State.

(3)     The Chairman shall be a Judge of a High Court and the other members shall be appointed from among Judges of the High Court, or other members of the Judiciary not below the rank of a Chief Magistrate.

98. Time for presenting and hearing election petition

(1)     An election petition under this Law shall be presented within 21 days from the date on which the result of the election is declared.

(2)     An election petition shall be determined within 60 days from the date of the presentation of the election petition.

99. Presentation of election petition

(1)     An election petition may be presented by one or more of the following persons—

(a)     a person claiming to have had a right to contest or be returned at an election; or

(b)     a candidate at an election.

(2)     The person whose election is complained of is in this Law referred to as the respondent, but if the petition complains of the conduct of an Electoral Officer, Presiding Officer, a Returning Officer or that other person who took part in the conduct of an election, the Electoral Officer, Presiding Officer, a Returning Officer or that other person shall for the purpose of this Law be deemed to be a respondent and shall be joined in the election petition as a necessary party.

100. Ground for petition

(1)     An election may be questioned on any of the following grounds, that is—

(a)     that a person whose election is questioned was, at the time of the election not qualified, or was disqualified from being elected;

(b)     that the election was voided by corrupt practices or offences or non-compliance with the provisions of this Law; or

(c)     that the petitioner was validly nominated but was unlawfully excluded from the election.

(2)     The commission shall not be liable to any suit or action whatever for the exclusion of a person from contesting an election under this Law and shall not be damnified in damages or any other penalty thereof.

(3)     An act or omission which may be contrary to an instruction or direction of the commission or of an officer appointed for the purpose of the election, but which is not contrary to the provision of this Law shall not itself be a ground for questioning the election.

101. Non-compliance with certain provisions not to invalidate election

(1)     An election shall not be invalidated by reason of non-compliance with the provisions of this Law if it appears to the Election Tribunal that the election was conducted substantially in accordance with the principles of this Law and that the non-compliance did not affect substantially the result of the election.

(2)     An election shall not be questioned by reason of a defect in the title or want of title of the person conducting the election or acting in the office given the right to conduct the election.

102. Appeal over election petitions

(1)     An appeal arising in respect of an election petition under this Law shall lie to the Court of Appeal.

(2)     Notwithstanding anything to the contrary in any other enactment notice of appeal to the Court of Appeal against the decision of an Election Tribunal shall be given not later than 7 days from the date of the decision of the Election Tribunal appealed against.

(3)     An appeal brought under this section shall be determined within 40 days from the date of the filing of the appeal.

(4)     The decision of the Court of Appeal, on an appeal brought under subsection (1) of this section shall be final.

103. Nullification of Election by Election Tribunal

(1)     Subject to subsection (2) of this section, if the Election Tribunal determines that a candidate who was returned as elected was not validly elected on any ground, the Election Tribunal shall nullify the election.

(2)     If the Election Tribunal determines that a candidate who was returned as elected on the ground that he did not score the majority of valid votes cast at the election, the Election Tribunal shall declare as elected the candidate who scored the majority of valid votes cast at the election.

(3)     On the motion of a respondent in an election petition, the Election Tribunal may strike out an election petition on the ground that it is not in accordance with the provisions of this Law.

104. Person elected to remain in office pending appeal

(1)     If the Election Tribunal determines that a candidate returned as elected was not validly elected, then if notice of appeal against that decision is given the candidate returned as elected shall, notwithstanding the contrary decision of the Election Tribunal, remain in the Office pending the determination of the appeal.

(2)     If the Election Tribunal determines that a candidate returned as elected was validly elected, the candidate returned as elected shall, notwithstanding the contrary decision of the Election Tribunal, remain in the Office pending the expiration of the period of seven days within which an appeal may be brought.

PART XI

Miscellaneous

105. Voter not required to disclose his vote

Subject to the provisions of this Law, no person who has voted at an election held under this Law shall in any legal proceedings arising out of the election, be required to state whom he voted for.

106. Election may be postponed for threatened disturbances

(1)     Where a date has been appointed for the holding of an election and there is reason to apprehend that a serious breach of the peace is likely to occur if the election is held, such an election may be postponed by the Commission until some other convenient date to be appointed by the Commission.

(2)     Where an election has started on the appointed date but is, before conclusion, substantially disturbed by any intervening cause, the election may be cancelled, and the Commission shall appoint a new date for a fresh election.

(3)     Where an election is cancelled under this Law as a result of substantial disturbance intervening in the course of the election, the Electoral Officer shall, on a date appointed for the election, proceed as if the date appointed were the date for the taking of a poll between the candidates nominated for the election.

(4)     An election postponed under this section may in like manner be further postponed.

107. Custody and inspection of documents

(1)     The Chief Electoral Officer of the State or any other officer of the Commission authorised by him shall retain for six months all documents relating to an election forwarded to him in accordance with the provisions of this Law and shall unless—

(a)     otherwise ordered by the Court of Appeal or the Election Tribunal, as the case may be; or

(b)     he is aware that legal proceedings are pending in respect of the election, cause them to be destroyed or discarded.

(2)     An order for an inspection of a polling document or an inspection of a document or any other packet in the custody of the Chief Electoral Officer of the State or any other officer of the Commission may be made by the Court of Appeal or the Election Tribunal, if it is satisfied that the order required is for the purpose of instituting or maintaining an election petition.

(3)     An order under this section may be made subject to such conditions as the Court of Appeal or the Election Tribunal may think fit, just or expedient.

(4)     A document, other than a document referred to in subsection (2) of this section, relating to an election and which is retained by the Chief Electoral Officer of the State or any other officer of the Commission in accordance with subsection (1) of this section, shall be open to inspection on an order made by the Court of Appeal or the Election Tribunal in exercise of its powers to compel the production of documents in legal proceedings, but shall not otherwise be open to inspection.

(5)     A document referred to in this section, which is in the custody of the Chief Electoral Officer of the State, or any other officer of the commission shall be deemed to be in proper custody for the purposes of the hearing and determination of an election petition.

108. Election expenses

(1)     The Commission may prescribe—

(a)     a scale of remuneration for officers appointed under this Law for the conduct of election; and

(b)     a scale of maximum charges in respect of other expenses incurred by an Electoral Officer, a Presiding or a Returning Officer in connection with an election, and may revise the scales as it thinks fit or expedient.

(2)     An Electoral Officer, Presiding Officer or Returning Officer shall, in addition to any remuneration prescribed under paragraph (a) of subsection (1) of this section, be entitled to such sums in respect of expenses of an election as are reasonable.

(3)     The Commission may pay such honoraria as it may determine to all other persons and officers who may be involved in one way or other in conducting an election under this Law, or in carrying out any task in connection with an election or election petitions arising therefrom.

(4)     Notwithstanding any defect or error in any notice, form or document made or given or other whatsoever done in pursuance of the provisions of this Law, rules, regulations, guidelines, manuals or circular made or issued there-under, such notice, forms or document, is hereby validated for all purposes with effect from the date on which it was made, given or done respectively.

109. Funding of Election Tribunals

The Election Tribunal shall be funded by the State.

110. A person holding office disqualified as candidate

(1)     A person who by reason of his holding or acting in an office under this Law has a responsibility for, or in connection with the conduct of elections under this Law shall be disqualified from nomination as a candidate thereof, while he holds or acts in the Office.

(2)     No official or staff of the Commission shall contest an election under this Law, notwithstanding that he resigns from or vacates his office before the date of election.

111. Secretaries etc., to be appointed within 30 days of swearing in

The appointment of Secretaries, Supervisors and the inauguration of the Legislative Arms of Local Government provided under this Law shall be done not later than 30 days after the swearing in of the Council Chairman.

112. Interpretation

(1)     In this Law, unless the context otherwise requires—

“appointment” includes appointment to an office, confirmation of appointment, promotion or transfer;

“authority” includes government or government agency;

“Chairman or Vice-Chairman” when used with reference to a Local Government means the Chairman or Vice-Chairman of the Local Government;

“Chief Electoral Officer of the State” means the Chairman and Chief Executive of the Cross River State Independent Electoral Commission;

“Chief Judge” means the Chief Judge of Cross River State;

“Commission” means the Cross River State Independent Electoral Commission;

“decision” means in relation to a court or tribunal, any determination of that Court or Tribunal and includes a Judgment, decree, conviction, sentence, order or recommendation;

“Electoral Officer” means a regular staff of the Commission who is the Head of the Commission’s office at the Local Government Area;

“enactment” means provisions of any law or subsidiary legislation;

“Federal” means the Federal Republic of Nigeria;

“function” includes power and authority;

“Government” includes the Government of Cross River State, the Federation, or of a Local Government Area, or any person or organ exercising power or authority on its behalf;

“Governor” means the Governor of the Cross River State;

“House of Assembly” means the House of Assembly of Cross River State;

“Local Government Service” means service of the Local Government in a civil capacity as staff of the Local Government assigned with the responsibility of any business of the Government;

“oath” includes affirmation;

“Oath of Allegiance” means the Oath of Allegiance prescribed under Schedule 2 of this Law;

“Oath of Office” means the Oath of Office prescribed under Schedule 2 of this Law;

“Office” means any of the political offices the appointment to which is by election under this Law;

“petition” means a petition under this Law;

“political party” means a political party registered by the Independent National Electoral Commission;

“Polling Station” means the place, enclosure, booth, shape or house at which voting takes place under this Law and includes polling unit;

“power” includes function and authority;

“return” means the declaration by a Returning Officer of a candidate in an election under this Law as being the winner of the election;

“School Certificates or its equivalent” means the following—

(a)     a Senior Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or

(b)     education up to Senior Secondary School Certificate Level;

“Secret society” includes any association, group or body of persons (whether registered or not)—

(a)     that uses secret signs, oaths, rites or symbols and which is formed to promote a cause, the purpose or part of the purpose of which is to foster the interest of its members and to aid one another under any circumstances without due regard to merit, fair-play or justice to the detriment of the legitimate interest of those who are not members; and

(b)     by the membership of which is incompatible with the function or dignity of any public office under this Law or any other enactment and whose members are sworn to observe oaths of secrecy;

(c)     the activities of which are not known to the public at large and the names of whose members are kept secret and whose meetings and other activities are held in secret;

“Speaker” means the Speaker of the Cross River State House of Assembly;

“State” means Cross River State.

(2)     In this Law reference to a person holding an office shall include references to a person acting in that office or holding that office for the time being.

(3)     Subject to the express provisions of this Law, the Interpretation Act shall apply to the interpretation of the provisions of this Law.

113. Repeal of Cap. 68 and Local Government Law 2000

The Cross River State Local Government Law Cap. 68 of 1976 and the Cross River Local Government Law 2000 are hereby repealed.

114. Short title and commencement

This Law may be cited as the Local Government Law.

 

 

SCHEDULES

SCHEDULE I

A                                                  B                                         C

Local Government Area             Capitals/Headquarters              Number of Local                                                                                                  Govt. Area

1. Abi Itigidi 18
2. Akamkpa Akamkpa
3. Akpabuyo Ikot Nakanda
4. Bakassi Abana
5. Bekwarra Abuochiche
6. Biase Akpet Central
7. Boki Boje
8. Calabar Muncipality Calabar
9. Calabar South Anantigha
10. Etung Effraya
11. Ikom Ikom
12. Obanliku Sankwala
13. Obubra Obubra
14. Obudu Obudu
15. Ogoja Ogoja
16. Odukpani Odukpani
17. Yakurr Ugep
18. Yala Okpoma

 

 

SCHEDULE II

OATHS

Oath of Allegiance

I …………………………………………………………… do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria and that I will preserve and defend the law including the Constitution of the Federal Republic of Nigeria.

So help me God.

Oath of Office of Chairman of a Local Government Council

I …………………………………………………………………… do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as the Chairman of ………………………….. Local Government Council, I will discharge my duties to the best of my ability, faithfully and in accordance with the provisions of the Constitution of the Federal Republic of Nigeria; and the Cross River State Local Government Law 2004, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directives Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that will I exercise the authority vested in me as Chairman so as not to impede or prejudice the authority lawfully vested in the President of the Federal Republic of Nigeria or the Governor of Cross River State as not to endanger the continuance of Federal Republic of Nigeria or Cross River State; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability, preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the code of conduct contained in the Code of Conduct Bureau and Tribunal Decree 1989; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Chairman; and that I will devote myself to the service and well-being of the people of Nigeria.

So help me God.

Oath of Office of the Vice-Chairman of a Local Government Council

I ……………………………………………………………… do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as the Vice-Chairman of ………………………….. Local Government Council, I will discharge my duties to the best of my ability, faithfully and in accordance with the provisions of the Constitution of the Federal Republic of Nigeria; and the Cross River State Local Government Law 2004, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directives Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will exercise the authority vested in me as Chairman so as not to impede or prejudice the authority lawfully vested in the President of the Federal Republic of Nigeria or the Governor of Cross River State as not to endanger the continuance of Federal Republic of Nigeria or Cross River; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability, preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the code of conduct contained in the Code of Conduct Bureau and Tribunal Decree 1989; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Chairman; and that I will devote myself to the service and well-being of the people of Nigeria.

So help me God.

Oath of Office of a Councilor of a Local Government Council

I ……………………………………………………………… do solemnly swear/affirm that I will +be faithful and bear true allegiance to the Federal Republic of Nigeria; that as the Vice-Chairman of ………………………….. Local Government Council, I will discharge my duties to the best of my ability, faithfully and in accordance with the provisions of the Constitution of the Federal Republic of Nigeria; and the Cross River State Local Government Law 2004, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directives Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Code of Conduct Bureau and Tribunal Decree 1989.

So help me God.

 

 

SCHEDULE III

Appointment and Supervision of Officers

1. Appointment of Electoral Officer

(1)     For each Local Government Area there shall be an Electoral Officer who shall be appointed by the Commission.

(2)     An Electoral Officer may be appointed by name or by reference to an office, and shall hold office until his appointment is revoked.

(3)     The Commission may, in any case where it considers it expedient, appoint more than one Electoral Officer for a Local Government Area and shall specify the part of the Local Government Area for which each Electoral Officer is responsible and, in relation to that part of the Local Government Area, the Electoral Officer shall have and exercise the functions of an Electoral Officer.

2. Appointment of other officers for the conduct of Elections

(1)     The Commission may appoint a person to be an Assistant Electoral Officer for the conduct of an election and a person so appointed shall in respect of that election have such functions imposed or conferred by this Law on the Electoral Officer as the Commission may determine.

(2)     The Commission shall for the purpose of an election appoint such Returning Officers, Assistant Returning Officers, Presiding Officers, Poll Clerks, Assistant Poll Clerks and such other Officers as are required for the election.

(3)     A person appointed as an Assistant Returning Officer under the provision of this paragraph shall have the functions imposed or conferred by this Law on a Returning Officer.

3. Supervision of other officers by Electoral Officers

An Electoral Officer shall exercise supervision over acts of the other officers appointed under paragraph 2 of this Schedule on his Local Government Area and may, subject to the provisions of this Law or any instructions issued by the Commission, give directions to those officers with regards to the performance of their functions.

CHAPTER L16

LOCAL GOVERNMENT LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation