NASARAWA STATE LOCAL GOVERNMENT LAW 2009

State Laws

Attorney-General

State Website

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NASARAWA STATE LOCAL GOVERNMENT LAW 2009

LAW NO. 5 OF 2009

 

 

PART I: PRELIMINARY

1. Citation and Commencement

PART II: ESTABLISHMENT

2. System and Functions of Local Government
3. Number and headquarters of Local Government
4. Creation and review of ward
5. Creation of Districts and Wards

PART III: COMPOSITION OF LEGISLATIVE COUNCIL

6. Establishment of Local Government Legislative Council
7. Establishment of Principal Officers of Council and loss of the office by the Speaker or Deputy Speaker
8. Appointment of Clerk and other staff of Legislative Council
9. Number of Sittings and presiding at sessions
10. Quorum
11. Voting at Sessions
12. Regulation of Proceedings
13. Committees of the Council
14. Tenure of the Council and issuance of proclamation for first sitting

PART IV: COUNCILLORS

15. Establishment of the office of a Councilor
16. Qualification for election as a Councilor
17. Further Qualifications for Election as a Councilor
18. Subscription to the Oath of Allegiance and Oath of Membership
19. Disqualification of being a Councilor
20. Recall of a Member

PART V: EXECUTIVE COUNCIL OF LOCAL GOVERNMENT

21. Establishment of the officer of the Chairman
22. Qualification of Chairman
23. Disqualification of holding the office of Chairman and prohibition from holding other office of emolument
24. Assumption of duty upon declaration of assets and liabilities and subscription of Oath
25. Establishment o the office of Deputy Chairman and Responsibilities
26. Mandatory choice of associate running mate
27. Removal of Chairman or Deputy Chairman
28. Removal of Chairman or Deputy Chairman by resolution of Executive Council
29. Persons who can assume the office of Chairman or Deputy
30. Resignation as Chairman and Tenure of office
31. Death or unavailability of Chairman or Deputy Chairman
32. Supervisory Councilors
33. Establishment of office of Secretary and Qualifications
34. Functions/Powers of Secretary
35. Head of Department

PART VI: EXECUTIVE AND LEGISLATIVE POWERS AND FUNCTIONS

36. Executive power of the Local Government and exercise of same.
37. Delegation of executive powers
38. Attendance of Council by Chairman or Supervisors
39. [Main function of Local Government Area]
40. [Participation in government of a State]
41. Local Government Council declared to be Legislative powers
42. Mode of exercising Legislative powers
43. Submission of Appropriation Bill to the Council
44. Extent of penalty to be stipulated in a Bye-Law

PART VIII: REVENUE AND ACCOUNT OF LOCAL GOVERNMENT

45. Allocation of Revenue to local Government
46. Account to be kept
47. Financial Memoranda
48. Accounting Officer of the Local government and his function
49. Appointment of Auditor-General for the Local Government
50. Power to audit or scrutinize Local Government account by the Auditor-General and the House
51. Removal of Auditor-General for Local Government

PART IX: EMIRATE/TRADITIONAL COUNCILS

52. Power to establish Emirate and Traditional Councils
53. Description of Council
54. Publication
55. Succession
56. Office of Emir or Chief by Legislative or Administrative act
57. Grading of Emirs or Chiefs
58. Powers of the Governor
59. [Powers of Governor with advice of Council of Chiefs)
60. [Functions of Council]
61. Reference to Local Government to include Development Areas
62. Secretary
63. [Quarterly Joint Meetings of the Emirate/Traditional Council]
64. Exclusion of Executive, Legislative and Judicial powers
65. Deduction and Remittance to traditional Council

PART X: STATE COUNCIL OF CHIEFS

66. Creation of State Council of Chiefs
67. [Power of Council to co-opt members]
68. Council to advise the Governor
69. Removal of members

PART XI: DEVELOPMENT AREAS

70. Creation of Development Areas
71. District and Headquarters of Development
72. Composition of Development Area Committee
73. Appointment of Development Area Management Committee
74. Tenure
75. Remuneration of DAMC
76. Department of Development Areas
77. [Funding of Development Areas]
78. [Distribution of funds between Local Governments and Development Areas]
79. Ration of Distribution of Funds
80. Administrator to serve in Local Government F&GPC
81. [Functions of Development Area Committees]

PART XII: LEGAL PROCEEDINGS

82. Limitation period for commencement of suits
83. [Commencement of suits against Local Government]
84. [Service of Notice and Summons on Local Government]
85. Description of property in an action
86. Onus of proof
87. Corporate name not to be proved
88. Corporate existence of Local Government
89. Establishment of the office of legal officer
90. Establishment and composition of Peace and Security Committee
91. [Functions of the Peace & Securities Committee]
92. Establishment of Local Government Service
93. Pension right
94. Observance of the Code of Conduct

PART XIV: LOCAL GOVERNMENT SERVICE COMMISSION

95. Establishment of Local Government Service Commission
96. Composition and tenure of office of Members of the Service Commission
97. Staff and Secretary of the Commission
98. Functions and Powers of the Commission
99. Salaries and benefit of members and staff
100. Establishment and composition of Senior Staff Committee
101. Establishment and composition of Junior Staff Mismanagement Committee
102. Functions of the Committees
103. Rules of proceedings
104. Quorum
105. Maintenance of training funds
106. Deemed Appointment
107. Validity of acts of Local Government officers
108. Limit of the Law
109. Repeals
110. Interpretation

SCHEDULE

 

 

 

EXPLANATORY MEMORANDUM

A LAW TO PROVIDE FOR THE ESTABLISHMENT, STRUCTURE,  COMPOSITION, FINANCE AND FUNCTIONS OF LOCAL GOVERNMENT SYSTEM IN NASARAWA STATE

 

NASARAWA STATE LOCAL GOVERNMENT LAW

LAW NO. 5 OF 2009

A LAW TO PROVIDE FOR THE ESTABLISHMENT, STRUCTURE,  COMPOSITION, FINANCE AND FUNCTIONS OF LOCAL GOVERNMENT SYSTEM IN NASARAWA STATE

 

Enactment

BE IT ENACTED by the Nasarawa State House of Assembly and by the Creation and review of Wards authority of same as follows:

 

PART I: PRELIMINARY

Citation and Commencement

1. 1. This Law may be cited as the Nasarawa State Local Government Law 2009 and shall be deemed to have come into effect on the 10th day of June 2009.

 

PART II: ESTABLISHMENT

System and Functions of Local Government

S.2.    (1)     Subject as may otherwise be provided in this Law, the system of Local Government shall be by democratically elected Councils in the State.

(2)     The functions of the Local Governments shall be limited to those set out in this Law and in the Fourth Schedule to the Constitution.

(3)     Council elections shall be held on a date not earlier than Ninety days before the expiration of the office of the last holder.

 

Number and headquarters of Local Government

S.3.    (1)     The existing thirteen (13) Local Government Areas in the State as Listed in Column A of Schedule 1 to this Law shall be deemed to have been established under this Law.

(2)     Each Local Government Area shall have its headquarters in the place named in Column B of the Schedule I to this Law.

 

Creation and review of ward

S.4.(1) Subject to the provisions of the Independent National Electoral Commission (in this Law referred to as “the Commission”) shall divide Each Local Government Area into such number of Wards, not being less 2 than 10 or more than 20 as the circumstances of each Local Government may require; provided that regard shall be made to population and number of tax payers in each Ward.

(2)     The boundaries of each Ward shall be such that the number of inhabitants of the Ward is as nearly equal to the population quota of the Ward as is reasonably practicable.

(3)     The Commission shall review the division of every local Government into Wards at intervals of not less than 10 years and may alter such Wards in accordance with the provisions of this Section to such extent, as it may consider desirable.

(4)     Notwithstanding the provisions of Section 3(1) and (2) and subsection (1)-(3) of this Section, the tenure of elected Councilors shall not be affected by the review of Wards.

 

Creation of Districts and Wards

S.5.    (1)     The Governor may by instrument, and on the approval of the house of Assembly creates and abolishes such number of Districts and Village Areas for each Local Government in the State on the basis of population and adult tax payers among others.

(2)     In creating Districts and Village Areas regards shall be given to geographical, cultural affinities and political considerations.

(3)     Where Districts or Village Areas are created, election into the office of District Head shall be determined by the prevailing customs of the communities involved.

 

PART III: COMPOSITION OF LEGISLATIVE COUNCIL

Establishment of Local Government Legislative Council

S.6.    There shall be a Local Government Legislative Council (in this Law referred to as “the Council”) for each Local Government Area in the State, which shall be the Legislative Arm of the Local Government and shall consist of all elected Councilors in the Local Government.

 

Establishment of Principal Officers of Council and loss of the office by the Speaker or Deputy Speaker

S.7.    (1)     There shall be a Speaker, Deputy Speaker, Majority Leader, Minority Leader and Chief Whip of the Council who shall be elected by the Councilors of the Local Government Council from among themselves.

(2)     A Speaker or Deputy Speaker of the Council shall vacate his office:

(a)     If he ceases to be a Councilor in the Local Government;

(b)     When the Council first sits after any dissolution of the Council; and or

(c)     If he is removed from office by a resolution of the Council by the votes of not less than two-thirds majority of the Councilors in the Council.

 

Appointment of Clerk and other staff of Legislative Council

S.8.    There shall be a Council Clerk of the Legislative Council and such other staff as may be appointed from service of the Local Government by the Local Government Chairman and confirmed by the Council.

 

Number of Sittings and presiding at sessions

S.9     (1)     The Council shall sit for a period of not less than 120 days in a year.

(2)     Each Legislative Council shall within 30 days after inauguration provides for its Rules.

(3)     At any sitting of the Council, the Speaker shall preside and in his absence The Deputy Speaker shall preside.

 

Quorum

S.10. The quorum of the Council shall be half of all the members of the Council.

 

Voting at Sessions

S.11.  Except as otherwise provided by this Law, a question proposed for decision in the Council shall be determined by a simple majority of the members present and voting, and the person presiding shall have a casting vote whenever necessary to avoid an equality of votes.

 

Regulation of Proceedings

S.12. Subject to the provisions of this Law, the Council shall regulate its own proceedings.

 

Committees of the Council

S.13.  (1)     A Local Government Legislative Council may appoint a Committee of its members for any special or general purpose as in its opinion would be better regulated and managed by means of such a Committee and may by resolution, regulate or otherwise as it thinks fit delegate any function exercisable by it to any such Committee.

(2)     The number of members of a Committee appointed under this Section, their term of office and quorum shall be fixed by the Council.

(3)     Nothing in this Section shall be construed as authorizing a Local Government Council to delegate to a Committee the power to decide whether a bill shall be passed into a Bye-Law or to determine any matter which it is empowered to determine by resolution under the provisions of this Law but such a Committee of the Council may be authorized to make recommendations to the Council on any such matter.

 

Tenure of the Council and issuance of proclamation for first sitting

S.14.  (1)     The Council shall stand dissolved at the expiration of a period of 2 years commencing from the date when the Councilors take and subscribe to their oath of membership.

(2)     Subject to the provisions of this Law, the person elected as Chairman of a Local Government shall have power to issue a proclamation for the holding Of the first session of the Legislative Council of the Local Government immediately after he has been sworn in or for its dissolution as provided in this Section.

 

PART IV: COUNCILLORS

Establishment of the office of a Councilor

S.15.  There shall be elected from every Ward in a Local Government Area one Councilor.

 

Qualification for election as a Councilor

S.16. A person shall be qualified for election as Councilor if he:

          (a)     is a citizen of Nigeria;

(b)     has attained the age of 25 years;

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

(d)     is a member of a Political party and is sponsored by the party.

 

Further Qualifications for Election as a Councilor

S.17.  (1)     No person shall be qualified for election as a Councilor if:

(a)     He has voluntarily acquired the citizenship of a Country other than Nigeria or except in such cases as may be prescribed by the National Assembly;

(b)     He has made a declaration of allegiance to such other country;

(c)     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;

(d)     He is under a sentence of death imposed on him/her by any court of Law or Tribunal in Nigeria or a sentence of imprisonment for an offence involving Dishonesty or fraud imposed on him/her by that Court;

(e)     He has been found guilty of contravention of the Code of Conduct under the Code of Conduct for public officer in the Fifth Schedule to the Constitution;

(f)      He is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any Law in force in any part of the Federation.

(g)     He is a person employed in the public service of the Federation or of the State or of any Local Government and has not resigned, withdrawn or retired from such employment 30 days before the date of election,

(h)     He is a member of a Secret Society;

(i)      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 Federal, State or local Government.

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

1. Adjudged to be a lunatic; or
2. Declared to be of unsound mind; or
3. Sentenced to death or imprisonment; or
4. Adjudged or declared bankrupt; and
5. Where 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 commencing 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.

 

Subscription to the Oath of Allegiance and Oath of Membership

S.18.  (1)     A person elected as Councilor shall before taking his seat as member of a Local Government legislative Council, declare his assets and liabilities as prescribed in the Code of Conduct for Public Officers in the Fifth Schedule of Constitution and subsequently take and subscribe before the Speaker of the Legislative Council the Oath of Allegiance and the oath of Membership prescribed in Schedule 2 to this Law.

(2)     Notwithstanding the generality of the provisions of subsection (1) above, such a Councillor shall participate in the election of the Speaker and Deputy Speaker before subscribing to the Oath of Allegiance and Oath of office.

 

Disqualification of being a Councilor

S.19   A member of the Council shall vacate his seat in the Council:

1. When he becomes a member of a Legislative House other than the Council into which he was elected; or
2. On the date when his letter of resignation takes effect; or
3. If he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of a State or the holder of any other public office.
4. Being a person whose election was sponsored by a political party he resigns from that party and becomes a member of another political party before the expiration of the period for which the Local Government Council was elected; provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or a merger of two or more political parties or factions by one of which he was previously sponsored; or
5. If he becomes a member of secret society or does anything disqualifying him from holding the office of a Councilor under this Law; or
6. If the Speaker of Legislative Council receives a certificate under the hand of the Chairman of the State Electoral Commission stating that the provisions of Section 20 of this Law have been compiled with in respect of the recalled of that member.

 

Recall of a Member

S.20.  A Member of a Local Government Council may be recalled as such a member if:

(a)     There is presented to the Chairman of the Commission a petition in that behalf signed by more than two-thirds (2/3) of the persons registered to vote in that member’s Ward alleging their loss of confidence in that member, and

(b)     He petition is approved in a referendum conducted by the Commission within 90 days of the date of the receipt of the petition by a simple majority of the votes of the persons registered to votes in that member’s ward.

 

PART V: EXECUTIVE COUNCIL OF LOCAL GOVERNMENT

Establishment of the officer of the Chairman

S.21   There shall be for each Local Government of the State a Chairman.

 

Qualification of Chairman

S.22.  A person shall be qualified to hold the office of chairman if he:

(a)     is a citizen of Nigeria;

(b)     has attained the age of 30years;

(c)     has been educated up to at least the school certificate level or its equivalent; and

(d)     is member of a political party and sponsored by the party.

 

Disqualification of holding the office of Chairman and prohibition from holding other office of emolument

S.23. (1)     A person shall not be qualified to hold the office of Chairman if;

(a)     he has voluntarily acquired the citizenship of a country other Nigeria or except in such cases as may be prescribed by the National Assembly;

(b)     he has made a declaration of allegiance to such other country;

(c)     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;

(d)     he is under a sentence of death Imposed on him by any Court of law or tribunal in Nigeria or a sentence imprisonment for an offence involving dishonesty or fraud imposed on him by such a court;

(e)     he has been found guilty of contravention of the Code of Conduct under the Code of Conduct for public Officers in the fifth Schedule to the Constitution;

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

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

(h)     he is member of a secret society; and

(i)      he has been indicated for embezzlement or fraud by a Judicial Commission of Inquiry under the Tribunals of Inquiry Act or any other Law set up by the Federal, State or Local Government.

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

(a)     Adjudged to be lunatic; or

(b)     Declared to be of unsound mind; or

(c)     Sentenced to death or imprisonment; or

(d)     Adjudged or declared bankrupt; or

(e)     Where 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 the 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 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 an order of certiorari, mandamus, prohibition, habeas, injunction or an appeal from any such application.

 

Assumption of duty upon declaration of assets and liabilities and subscription of Oath

S.24. (1)     A person elected to the office of Chairman shall not begin to begin to perform the functions of that office until he has declared his assets and liabilities as prescribed by the Code of Conduct for public Officers in the fifth Schedule to the Constitution and has subsequently taken and subscribed before the Chief Judge of the State, the Oath of Allegiance and Oath of office as prescribed in Schedule 2 to this law.

 

Establishment o the office of Deputy Chairman and Responsibilities

S.25. (1)     There shall be for each Local Government of the State a Deputy Chairman.

(2)     The Deputy Chairman shall be assigned a supervisory portfolio.

 

Mandatory choice of associate running mate

S.26. (1)     A person shall not be deemed to have been validly nominated as a candidate for the office of a Chairman of a Local Government unless he nominates another candidate as his associate running mate for the office of Chairman who is to occupy the office of Deputy Chairman and that candidate shall be deemed to have been duly elected to the office Deputy-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 office of the Chairman shall apply in relation to the office of the Deputy Chairman.

 

Removal of Chairman or Deputy Chairman

S.27. The Chairman or Deputy Chairman may be removed from office in accordance with the provisions of this section:

1. a) When the holder of the office acts in any way as to amount to misconduct in the performance of the functions of his office, a notice in writing signed by not less than half of the members of the council stating the misconduct, detailed particulars of which shall be specified, is presented to the Speakers;
2. b) The Speaker 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 Council;
3. c) 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 Council without the holder of the office being present at the meeting, shall resolve by motion without any debate whether or not the allegation shall be investigated;
4. d) A motion of the 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 Council;
5. e) Within 7 days of passing of a motion under subsection (4) of this section, the Speaker shall appoint a panel of persons who in his opinion are of unquestionable integrity not being member of:
6. Any public or civil service; or
7. A legislative house; or

iii.      A political party, to investigate the allegation as provided in this section.

1. f) 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 this own choice;
2. g) A panel appointed under this Section shall:
3. exercise its functions and have such powers as may be prescribed by the Council;
4. within one month of its appointment, report its findings to the Council.
5. h) Where the panel reports to the Council that the allegation has not been proved, no further proceedings shall be taken in respect of the matter;
6. i) Where the report of the panel is that the allegation against the holder of the office has been proved, then within 7 days of the receipt of the report, the Council shall consider the report with the holder of the office being present at the meeting and if by a resolution of Council supported by not less than two-thirds majority of all its members, the Report of the Panel is adopted and subsequently confirmed by the simple majority of the House of Assembly, the holder of the office shall stand removed from office as from the date of the confirmation of the Report.
7. j) No proceedings or determination of the Panel or of the Council or any matter relating to such proceedings or determination shall be entertained or questioned in any court of law.

 

Removal of Chairman or Deputy Chairman by resolution of Executive Council

S.28.  (1)     The Chairman or Deputy Chairman shall cease to hold office if:

1. By a resolution passed by two-thirds majority of all the members of the Executive Council, it is declared that the Chairman or the Deputy Chairman is incapable of discharging the functions of his office; and
2. The declaration under paragraph (a) of this subsection is verified after such medical examination as may be necessary by a medical panel established under subsection (4) of this Section in its report to the Speaker, subject to the confirmation by simple majority of the Honourable Members of the State House of Assembly.

(2)     Where the Medical Panel certifies in the Report that in its opinion, the Chairman or Deputy 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 Speaker shall be published in the State Gazette.

(3)     The Chairman or Deputy Chairman shall cease to hold office from the date of publication 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 Speaker and shall comprise three Medical Practitioners in Nigeria;

1. one of whom shall be a personal physician of the choice of the Chairman or Deputy Chairman;
2. two of whom shall be other medical practitioners.

 

Persons who can assume the office of Chairman or Deputy

S.29.  (1)     The Deputy Chairman shall hold the office of the Chairman of the Local Persons who can assume the office of Chairman or Deputy Government removal from office in accordance with Sections 27 and 28 of this Law.

(2)     Where a vacancy occurs in the circumstance mentioned in subsection (1) of this Section or for any other reason during a period when the office of Deputy Chairman is also vacant; the Speaker shall hold the office of Chairman for a period of not more than three months, during which there shall be an election of a new chairman who shall hold office as provided for in Section 31(3) of this Law.

(3)     Where the office of Deputy Chairman becomes vacant:

(a)     by reason of death or resignation or removal in accordance with Sections 27 and 28 of this Law;

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

(c)     for any other reason, the Chairman shall nominate any person who satisfies the provision of Section 23 and 24 of this Law to be Deputy Chairman taking into cognizance S.14(4) of the Constitution.

 

Resignation as Chairman and Tenure of office

S.30.  (1)     Subject to the provisions of this Law, a person shall hold the office of the Chairman until:

(a)     he becomes a member of a Legislative House; or

(b)     he becomes a 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 a holder of any other public office.

(2)     The Secretary to 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 these provisions of the 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 2 years commencing from the date when:

1. 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
2. The person last elected to the office took the Oath of Office or would but for his death have taken those Oaths.

(4)     A Chairman who has served one term of office shall be eligible to re-contest the same position for another further term and no more.

(5)     A Person who has held the office of Chairman of a Local Government for Two terms shall be disqualified to further contest for the same position.

(6)     Any person who occupies any appointed or elective office at the Local Government and wishes to contest an election into any elective office other than his own shall resign from the office at least 60 days before such election.

 

Death or unavailability of Chairman or Deputy Chairman

S.31.  (1)     Whenever a person duly elected as chairman dies or otherwise for any other good cause declines to take and subscribe to the Oath of Allegiance and Oath of Office as prescribed in schedule 2 of this Law, the person elected with him as Deputy Chairman shall be sworn in as Chairman who shall then nominate and with the approval of a majority of the members of the Council appoint a new Deputy Chairman.

(2)     Where the Deputy Chairman is appointed from among the Councilors as the new Deputy Chairman, the Commission shall conduct a bye-election to fill the vacant seat in the Ward from which the new Deputy Chairman has been appointed

 

Supervisory Councilors

S.32. (1)     There shall not be less than 3 and not more than 5 offices of Supervisors (including that assigned to the Deputy Chairman) of a local Government as may be established by the Executive Chairman of the Local Government.

(2)     Any nomination to the office of a Supervisor of a Local Government shall be made by the Chairman subject to confirmation by the Council.

(3)     Where a member of the council is appointed, the Commission shall conduct a bye-election to fill the vacant seat.

(4)     The appointment of Supervisory Councilors shall be in conformity with the provisions of Sub-section (1) of this section and shall be spread in this manner:

(a)     Three from mother Local Government;

(b)     Two from Development Area.

(5)     No person shall be appointed as a supervisory of a Local Government unless such person possesses the requirements for being elected a Councilor under Section 16 and 17 of this law.

(6)     In making such appointment under this section, the Executive Chairman shall conform with the provisions of S.14(4) of the Constitution.

(7)     The appointment of Special Advisers shall be at the discretion of the Executive Chairman, who shall appoint only two Special Advisers in the case of one Development Area; and three in case of two Development Areas.

 

Establishment of office of Secretary and Qualifications

S.33.  (1)     There shall be a Secretary to the Local Government (in this Law referred to as “the Secretary‟) who shall be appointed by the Chairman of the Local Government, subject to confirmation by the council.

(2)     The Secretary shall be a seasoned administrator and shall cease to hold office when the Chairman ceases to be in office provided that where a person has been appointed from a public or civil service of the Federal, State or Local Government, he shall be entitled to return to the service when the Chairman ceases to hold office by whatever circumstance.

(3)     The Secretary shall declare his assets and liabilities as prescribed by the Code 14 of Conduct for Public Officers in the Fifth Schedule to the Constitution and shall take and subscribe to the Oath of Allegiance and Oath of Office as prescribed in Schedule 2 to this Law.

(4)     Where a Councilor is appointed a Secretary, the Commission shall conduct a bye-election to fill the vacant seat created in the Ward from which the Councilor has been appointed.

 

Functions/Powers of Secretary

S.34. The Secretary shall:

 (a)    serve as the Secretary to the meeting of the Executive Council of the Local Government and keep records of the Committee.

(b)     liaise with the Secretary to the State government and other State functionaries on inter-Governmental relations.

 

Head of Department

S.35. All Heads of Departments shall remain career officers whose tenure, remuneration, functions, responsibilities and conditions of service shall remain as in the approved Scheme of Service for Local Government employees.

 

PART VI: EXECUTIVE AND LEGISLATIVE POWERS AND FUNCTIONS

Executive power of the Local Government and exercise of same.

S.36.  (1)     Subject to the provisions of this Law, the executive powers of a Local Government shall be vested in the Chairman of the Local Government.

(2)     The Executive Powers vested in the Chairman under subsection (1) of this Section shall be:

1. Exercised by him either directly or through the Deputy Chairman or Supervisors of the Local Government; or
2. Officers in the service of the Local Government.

(3)     The Executive Powers of the Local Government under this Section shall include:

1. Implementation of decisions and the general operations of the Local Government;
2. The execution and maintenance of this Law, and Bye-Laws made by the Council and shall extend to all matters with respect to which the Council has for the time being power to make Bye0Laws; provided that it shall not be exercised to: Impede or prejudice the exercise of the executive powers of the Federal or of the State Government in the Local Government Area.

 

Delegation of executive powers

S.37. (1)     The Chairman shall assign to any supervisor responsibility for any business of the Local Government, including the administration of any department.

(2)     The Chairman shall hold regular meetings with the deputy Chairman and all the Supervisors for the purpose of:

(a)     Determining the general direction of the policies of the Local Government;

(b)     Coordinating the activities of the Local Government; and

(c)     Any meeting o which subsections (2) of this section relate shall be held weekly.

 

Attendance of Council by Chairman or Supervisors

S.38.  (1)     The Chairman of a Local Government may attend a meeting of the Council either to deliver an address on the Local Government affairs or to make such statement on the policy of the Local Government as he may consider to be of importance to the Local Government.

(2)     A Supervisor of a Local Government shall attend the Legislative Council meeting if invited to explain to the Council the conduct of his department and in particular when the affairs of that department are under discussion.

(3)     Nothing in this section shall enable any person who is not a member of the Council to vote in the Legislative Council or in any of its committees.

 

[Main function of Local Government Area]

S.39   The main functions of Local Government shall be as follows:

(a)     The formulation of economic plans and development schemes for the Local Government Area;

(b)     Collection of rates and issuance of radio and television licenses;

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

(d)     Licensing permit of bicycles, trucks (other than mechanically propelled trucks), canoes, wheel barrows and carts;

(e)     Establishment, maintenance and regulation of slaughter houses, slabs, markets and motor parks;

(f)      Constitution and maintenance of roads, street lights, drains, parks, gardens, palaces, open spaces or such Public facilities as may be prescribed from time to time by the House of Assembly;

(g)     Naming of roads, streets and numbering of houses;

(h)     Provision and maintenance of public conveniences, sewage and refuse disposal;

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

(j)      Control and regulation of:

1. Out-door advertising and hawking;
2. Movement and keeping of pets of all descriptions;

iii.      Shops and Kiosks;

1. Restaurants, bakeries and other places for sale of food to the public;
2. Laundries;
3. Licensing, regulation and control of the sale of liquor to the public;

vii.     Registration of all births, deaths and marriages.

 

[Participation in government of a State]

S.40. The functions of a Local Government shall include participation in the Government of a state in respect of the following matters:

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

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

(c)     The provision and maintenance of health services; and

(d)     Such other functions as may be conferred on a local Government by House of Assembly.

 

Local Government Council declared to be Legislative powers

S.41   (1)     The Council is declared to be the Legislature of a Local Government Area.

 (2)    Pursuance to subsection (1) of this section, the Council shall exercise Legislative powers in the Local Government Area.

 

Mode of exercising Legislative powers

S.42   (1)     The Legislative powers vested in the Council shall be exercised by bills presented and passed as Bye-Laws by the Council and except as provided by this section assented to by the Chairman of the Local Government.

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

(3)     Where a Bye-Law is presented to the Chairman for assent, he shall within thirty (30) days signify that he assents or that he withholds assent.

(4)     A Bye-Law shall not become Law unless it has been duly passed and assented to in accordance with the provisions of this section.

(5)     Where the Chairman withholds assent and the Bye-Law is re-passed by the Council by two-third 2/3 majority, the Bye-Law shall become Law and the assent of the Chairman shall not be required.

 

PART VII: POWER AND CONTROL OVER PUBLIC FUNDS

Submission of Appropriation Bill to the Council

S.43.  (1)     The regulation and control of finances of the Local Government shall be vested in the Legislative Council.

(2)     The Chairman shall cause to be prepared and laid before the Council at any time before the commencement of the financial year, estimates of revenues and expenditures of the Local Government area for the next financial year.

(3)     The head of expenditure contained in the estimates shall be included in a Bill known as Appropriation Bill provided for the issue from the funds of the Local Government to meet that expenditure and the appropriation of the funds for the purpose therein.

(4)     The Council shall have power to debate, amend and approve the estimate referred to under subsection (2) of this Section.

(5)     No monies exceeding the sum of Two Hundred and Fifty Thousand Naira (N250,000) shall be withdrawn in a month from any funds of the Local Government area, unless such withdrawals have been authorized by the Council.

(6)     Nothing in subsection (5) of this Section shall preclude the Chairman from withdrawing money for the purpose of payment of staff salaries, allowances and claims.

 

Extent of penalty to be stipulated in a Bye-Law

S.44. (1)     There may be provided in or by any Bye-Laws a penalty not exceeding Extent of penalty to be stipulated in a Bye-Law Twenty Thousand Naira only (N20,000.00) or imprisonment not exceeding three months or both as the Council may deem fit for the breach of any such Law.

(2)     A Bye-Law may specify a further penalty not exceeding Two Thousand Naira only (N2,000.00) for each day in which a breach of a Bye-Law I continuously committed after a written notice has been served on the offender.

(3)     Where any enactment confers power on a council to make Bye-Laws and to make provisions in respect of fees or charges, the Council may provide in the Bye-Laws for:

(a)     certificates, fees or charges;

(b)     maximum or minimum fees or charges;

(c)     the payment of fees or charges either generally or under specific conditions; and

(d)     the reduction, waiver or refund in whole or in part of any such fees or charges either upon the happening of certain vents or in the discretion of any person.

(4)     Where any reduction, waiver or refund in whole or in part of any fee or charge is provided, such reduction, waiver or refund may be made to apply either generally or specifically in respect of:

(a)     certain matters or classes of matters;

(b)     certain documents or classes of documents;

(c)     any event that happens or ceases to happen;

(d)     certain persons or classes of persons; and

(e)     any combination of such matters, persons, documents or events, and may be made to apply subject to such conditions as may be set out in the Bye-Laws or in the discretion of any specified person.

 

PART VIII: REVENUE AND ACCOUNT OF LOCAL GOVERNMENT

Allocation of Revenue to local Government

S.45.  (1)     The State shall:

 (a)    maintain a special account to be called State Joint Local Government Local Government Account into which shall be paid all allocations to Local Governments of the State from the Federation Account and from the Government of the State; as provided in S.162(6) of the 1999 Constitution.

(b)     Pay to each Local Government such proportion of its total revenue in such manner as may be prescribed by the House of Assembly.

(2)     The amount standing to the credit of Local Governments shall be distributed among the Local Governments of the State in such manner as may be prescribed by the House of Assembly.

 

Account to be kept

S.46   Every Local Government shall keep accounts and other records in relation thereon in accordance with the issued pursuant to Section 47 of this Law.

 

Financial Memoranda

S.47.  (1)     The House of Assembly may issue or caused to be issued written instructions on Accounts to be kept called, Financial Memoranda‟ not inconsistent with the provisions of this Law for the control and management of finances and of procedures thereof of Local Governments in the State and same shall be compiled with.

(2)     Without prejudice to the provisions of subsection (1) of this Section, instructions under this Section may make provisions for the conditions upon which allowances and incidental expenses may be paid to Chairmen, members of Council or members of Committees of Council whilst engaged on the business of the Local Government.

 

Accounting Officer of the Local government and his function

S.48.  (1)     The Director of Personnel Management shall be the Accounting Officer of the Local Government.

(2)     The functions of the Director of Personnel Management shall include:

(a)     signing of all cheques jointly with the Director of Finance and Supplies;

(b)     assisting the Secretary in the formulation, execution and review of Local Government policies; and

(c)     perform such other duties as may be assigned to him by the Chairman Or Secretary to the Local Government.

 

Appointment of Auditor-General for the Local Government

S.49.  There shall be an Auditor-General for the Local Governments who shall be appointed by the Governor subject to confirmation by the House.

 

Power to audit or scrutinize Local Government account by the Auditor-General and the House

S.50 (1)      The Account of the Local Governments and all other offices of the Local Governments shall be audited by the Auditor-General for the Local Governments who shall submit his report within 3 months to the House and for that purpose the Auditor-General or any person authorized by him in that behalf shall have access to all the books, records, returns and other documents relating to those accounts.

(2)     The House shall, in collaboration with the Auditor-General for Local Governments, ensure compliance with financing management according to accounting codes and procedures.

(3) (a) Notwithstanding subsection (2) of this Section, the House shall have power to freeze and direct or cause to be directed an inquiry or investigation into Local Government finances where there is allegation of fraud;

(b)     The Honourable House may, by its resolution, suspend a Council Chairman who is under any investigation involving fraud with respect to Local Government funds or any act the House of Assembly may determine as amounting to misconduct and such suspension shall last for the duration of such investigation.

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

 

Removal of Auditor-General for Local Government

S.51. (1)     A person holding the office of Auditor-General for Local Governments under S.47 of this Law shall be removed from office by the Governor acting on an address supported by two-third (2/3) majority of the House praying that he be so removed for inability to discharge the functions of his office whether arising from infirmity of mind or any other cause or for misconduct.

(2)     Without prejudice to the generality of the provisions of this Law, a person occupying the office of the Auditor-General for Local Governments shall continue to hold such office as if he were appointed under this Law.

 

PART IX: EMIRATE/TRADITIONAL COUNCILS

Power to establish Emirate and Traditional Councils

S.52.  (1)     The Governor may by Law establish Emirate/Traditional Council (in this part of the Law referred to as the „Council‟) in this State as the case may require.

(2)     Each Council established under this Section shall consist of the following Composition Description of Council Publication members:

(a)     The most senior Emir/Chief in the Local Government who shall be the President;

(b)     All other Graded Chiefs in the Local Government;

(c)     All District Heads in the Local Government;

(d)     The Chairman of the Local Government;

(e)     Three (3) Traditional Title Holders reflecting the geographical spread of the Local Government to be nominated by the President and to include a Traditional Title Holder that deputize for the Emir or Chief; and

(f)      The Secretary to the Emirate/Traditional Council shall serve as Secretary to the Council;

(g)     Notwithstanding paragraph (f) of subsection 2 of this Section, all graded

(3)     Every law under this Section may be published in the State Gazette and shall have Effect upon such publication or form the date named therein.

 

Description of Council

S.53   (1)     Every Law Establishing a Council under this part of the Law shall:

(a)     specify the name and description of the Council and the date on which it shall Be established;

(b)     describe the device of the Seal of the Council;

(c)     provide for the composition of the Council; and

(d)     contain such provision for other matters as are required by this law to be prescribed therein.

 

Publication

S.54. (1)     Notwithstanding any provision of this Law or any other Law in the State, the Governor may by Law published in the State Gazette create a new Emirate and or Chiefdom in the State.

(2)     A Law creating an Emirate or Chiefdom under this Section shall specify the name and territorial jurisdiction of such Emirate or Chiefdom.

 

Succession

S.55.  Upon the death, resignation or deposition of an emir or Chief other than any kind Office of Emir or Chief by Legislative or Administrative act of emir or Chief referred to in Section 54 of this Law, the Governor shall subject to the provisions of Section 57 of this Law approve as the successor of such Emir or Chief as the case may be, any person appointed in that behalf by those entitled by native Law and custom so to appoint in accordance with the native Law and custom.

 

Office of Emir or Chief by Legislative or Administrative act

S.56. The provisions of Section 55 shall not apply to the office of any Emir or Chief which has not originated from Native Law and Custom but has been created by the Legislative or administrative act of any competent authority.

 

Grading of Emirs or Chiefs

S.57. The Governor may subject to the provisions of Section 57 of this Law grade the Grading of Emirs or Chiefs office of an Emir or Chief as first, second or third according to the size and importance of such office.

 

Powers of the Governor

S.58. The Governor may subject to the provisions of Section 57 of this Law, depose any Emir or Chief whether or not appointed before the coming into operation of this Law if after inquiry he is satisfied that such deposition is required according to native Law and Custom or is necessary in the interest of peace, or order or good Government.

 

[Powers of Governor with advice of Council of Chiefs)

S.59. The Governor may with the advice of the Council of Chiefs exercise the power conferred upon him with respect to:

(a)     Approval of appointment, or recognition of a person as a Chief;

(b)     The grading of a Chief;

(c)     The deposition of a Chief;

(d)     The exclusion of a Chief or a person who formally was a Chief from any part of the State;

(e)     The maintenance of public order within the State or any part thereof.

 

[Functions of Council]

S.60.  (1)     The functions of a Council established under this part of the Law shall be:

(a)     Assessment and collection of community tax: To conduct assessment and collection of taxes and levies as may be required.

(b)     Security matters:

1. To work in collaboration with Local Government Councils and other relevant agencies towards ensuring the security of lives and property of their subjects in the Local Government Areas.
2. To coordinate and monitor the formation of vigilante groups where necessary with the approval of the relevant security agencies.

iii.      To process and forward security information and channel personal or Group grievances to Government.

1. To conscientise their communities on the imperatives of peaceful co- existence.

(c)     Education:

1. To support and participate in the promotion and development of primary, adult, and non-formal education in their domains through the encouragement of enrolment, retention and completion of all school age children in schools;
2. Inspection of primary schools, adult and non-formal education classes

iii.      Mobilization and sensitization of parents on the importance of education.

1. To encourage their communities to complement Government efforts in the provision of educational infrastructure through communal efforts.
2. Serve on the Local Government Education Committee.

(d)     Conflict resolution and management of crisis between communities:

1. To investigate and settle cases bordering on religion, land, family and custom, subject to prevailing Laws;
2. To collaborate with relevant agencies to prevent or settle inter- community conflicts or disputes.

(e)     Agriculture and Natural Resources:
To support Government in matters of Agriculture and Natural Resources through advisory roles in the following areas:

(i)      Protection of forest resources;

(ii)     Control the felling of trees;

(iii)    Encourage aforestation;

(iv)    Protection of mineral deposit sites against illegal mining;

(v)     Ensuring adherence to existing Bye-Laws on bush-burning; assisting in enforcement of Laws on land administration, particularly acquisition, lease, transfer and development;

(vi)    To chair the Land Use and Allocation Committee (LUAC) at the State level and Land Advisory Committee (LAAC) at the Local Government level;

(vii)   To chair the Fertilizer Distribution Committee and assist in the distribution of other agricultural inputs;

(viii)   To enlighten their subjects to form cooperative societies;

(ix)    To control grazing grounds and protect cattle routes;

(x)     Monitor and report on land encroachment;

(xi)    Assist in resolving boundary disputes.

(f)      General Matters on Customs and tradition:

1. To undertake an evaluation of traditional customs with a view to eliminate those that are outmoded or harmful;
2. To determine and advise on all customary laws and practices;

iii.      To protect endangered archeological treasures;

1. To encourage the development of written history of their respective communities.

(g)     Religious Matters:

1. To assist in, determining and ensuring religious harmony;
2. To assist in identifying appropriate sites for worship places in order to Communal/religious conflicts.

(h)     Chieftaincy matters:
To determine questions relating to Chieftaincy matters and control of traditional Title.

(i)      Matters of public interest:

1. To participate in the mobilization and organization of community development activities in their domains;
2. To liaise with the Local Government Council to secure annual budgetary provision as contribution to community development projects in their domains;

iii.      To abreast their people of Government policies, programmes and activities;

1. To assist in the enforcement of building codes in their domains;
2. To monitor the usage and ensure the protection of Government property and facilities;
3. To participate in the monitoring and supervision of public works in their domains;

vii.     To assist in the equitable distribution of relief materials where applicable.

(j)      Environmental Sanitation:

1. To assist Local Government Council and other Government agencies in enforcing environmental sanitation rules and regulations in the State;
2. To ensure households in their domains maintain functional convenience;

iii.      To assist in the control of indiscriminate dumping of waste or refuse as well as their timely and proper disposal.

(k)     Such other functions as the State or Local Government Area Council may from time to time refer to it.

 

Reference to Local Government to include Development Areas

S.61.  Any reference to Local Government under this part of the Law shall also Reference to Local Government to include Development Areas Secretary include Development Area established under Part XI of this Law.

 

Secretary

S.62   (1)     The Secretary to the Emirate/Traditional Council shall serve as Secretary to the Council; and particularly shall be responsible for the following matters:

(a)     making arrangement for meetings of the Council;

(b)     preparing the agenda in conjunction with the president;

(c)     taking of minutes of such meetings;

(d)     conveying decisions of the Council to members and where appropriate, to other persons or organizations;

(e)     performing all other duties affecting the Council as may be specially assigned to him by the President of the Council.

(2)     The Council may request the Chairman of the Local Government Council to post such number of staff that may be necessary to assist in running the affairs of the Council.

 

[Quarterly Joint Meetings of the Emirate/Traditional Council]

S.63. (1)     There shall be Quarterly Joint Meetings of the Emirate/Traditional Council and the Local Government Council to discuss on the following issues:

(a)     Draft Annual Estimates of the Local Government Council and Development plans;

(b)     Advance proposals;

(c)     Prepare Estimates of the Council for presentation to the Local Government Council for the year; and

(d)     Any other matter(s) that may arise from time to time.

(2)     Copies of minutes of such meetings are to be sent to the Ministry in Charge of Local Government.

 

Exclusion of Executive, Legislative and Judicial powers

S.64. Nothing in this part of the Law shall be construed as conferring any Executive, Legislative or Judicial powers on an Emirate or Traditional Council.

 

Deduction and Remittance to traditional Council

S.65.  (1)     There shall be deducted at source five percent (5%) of each Local Government Monthly Statutory Allocation, which shall be remitted to The Traditional Council of each Local Government.

Usage of the 5% deduction

(2)     There shall be deducted at source five percent (5%) of each Development Area Monthly Grant, which shall be remitted to the Traditional Council of each of the Development Area.

(3)     The Traditional Council shall put to use the said 5% to the payment of salaries, Allowances and incidental expenses of its members.

 

PART X: STATE COUNCIL OF CHIEFS

Creation of State Council of Chiefs

S.66.  (1)     There shall be a Council of Chiefs for the State (in this part of the Law referred to as the „Council‟)

(2)     The Council shall consist of the President of every Emirate/Traditional Council in the State.

(3)     The Chairman and Deputy of the Council shall be appointed by the Governor. Such appointment shall be by order of seniority.

 

[Power of Council to co-opt members]

S.67. Whenever any matter is proposed for discussion in the Council, the Council may co-opt other persons from amongst the recognized Chiefs to be members of the Council for the purpose of discussing the matter.

 

Council to advise the Governor

S.68.  (1)     The Council shall advise the Governor on matters relating to the following:

(a)     Customary Law;

(b)     Cultural Affairs;

(c)     Inter or Intra-Communal conflicts;

(d)     Chieftaincy;

(e)     Security; and

(f)      Community Development Programme;

(g)     Any other matter of public interest referred to it by the Government;

(2)     The Council may regulate its own proceeding.

 

Removal of members

S.69. The Governor may at any time remove any person who is a member of the Council from being such member on an address supported by a two third majority of members of the Council praying that such a member, be removed.

 

PART XI: DEVELOPMENT AREAS

Creation of Development Areas

S.70. There is created from twelve Local Government Areas named in Column “A‟, sixteen(16) Development Areas listed in Column „B‟ of Schedule 3 of this Law.

 

District and Headquarters of Development

S.71. The Sixteen Development Areas shall consist of the Districts and Headquarters shown in Columns „B‟ and „C‟ respectively of Schedule 4 of this Law.

 

Composition of Development  Area Committee

 S.72. There shall be for each Development Area, a Development Area Management Committee (DAMC), which shall comprise the following Members:

(a)     Development Area Administrator

(b)     Four full time Members

(c)     The Development Area Director of Personnel Management (DPM) who shall serve as Secretary of the Development Committee.

 

Appointment of Development Area Management Committee

S.73.  The Development Area Management Committee shall be appointed by the Executive Governor.

 

Tenure

S.74.  The Development Area Management Committee shall vacate office at the expiration of two years commencing from the date of assumption of office and may further be extended or reconstituted by the Governor.

 

Remuneration of DAMC

S.75. The Development Area Management Committee shall earn Remuneration/ Salary as contained in Schedule III of the Remuneration of Political and Public Office Holders at the Local Government Level/Development Area Law 2009.

 

Department of Development Areas

S.76. The Development Area shall have the following sections, which are to be headed by officers heading the following department as Development Area Directors:

(a)     Administration and Personnel Management;

(b)     Finance and Supplies;

(c)     Primary Health Care;

(d)     Agriculture and Natural Resources;

(e)     Education;

(f)      Works, Lands and Survey;

(g)     Social Services;

 

[Funding of Development Areas]

S.77. The Development Area shall be funded from Statutory Allocations and Internal Generated Revenue.

 

[Distribution of funds between Local Governments and Development Areas]

S.78. Funds shall be distributed between the Local Governments and Development Areas after the following deductions:

(a)     Salaries and allowances of political office holders, elected and appointed, Local Government staff and teachers ; and

(b)     Other statutory deductions i.e. 15% pension, 1% training funds and 5% Traditional Council.

 

Ration of Distribution of Funds

S.79.  Funds distributed to the Local Government and Development Area shall be based on the ratio of 55:45, in case of one Development Area and 40:30:30 in case of two Development Areas.

 

Administrator to serve in Local Government F&GPC

S.80. The Development Area Administrator shall serve as a member of the finance and General Purpose Committee and the security Committee of the Local Government.

 

[Functions of Development Area Committees]

S.81.  Development Area Committees shall coordinate all development activities in the Development Areas and advise Local Governments on the situation and needs of the Development Areas.

 

PART XII: LEGAL PROCEEDINGS

Limitation period for commencement of suits

S.82.  When any suit is commenced against any Local Government for any act done in pursuance of execution of any Law or of any public duty or authority, or in respect of alleged neglect or default in the execution of any Law, duty, such suit shall not lie or be instituted unless it is commenced within six months 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.

 

[Commencement of suits against Local Government]

S.83.  No suit shall be commenced against a Local Government until notice of not less than 30 days of intention to sue has been served upon the Local Government by the intending plaintiff or his agent.

 

[Service of Notice and Summons on Local Government]

S.84.  The notice referred to in Section 83 and any summons, or other document required or authorized to be served on a Local Government shall be served by delivering same to or by sending it by registered post addressed to any principal officer at the principal officer at the principal office of the Local Government; provided that the court may, with regard to any particular suit, order service to be effected in accordance with the terms of such order.

 

Description of property in an action

S.85.  Whenever in any criminal process or proceedings, it is necessary to refer to the ownership or description of property belonging to or under the management of a Local Government, such property may be described as the property of the Local Government.

 

Onus of proof

S.86. 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 person alleges that he is not the occupier, the proof of such allegation shall be upon such a person.

 

Corporate name not to be proved

S.87.  In any proceedings instituted by or against a Local Government, it shall not be necessary to prove the corporate name of the Local Government.

 

Corporate existence of Local Government

S.88.  Every Local Government established under or pursuant to the Constitution or this Law shall be a body corporate by the name designated in the instrument establishing such Local Government and shall have perpetual and a common seal and power to acquire and hold land and to sue and be sued.

 

Establishment of the office of legal officer

S.89.(1)      There shall be for each Local Government of the State a legal officer with permanent and pensionable status.

(2)     A person shall not be qualified to be employed as a legal officer except he is qualified to practice as a legal practitioner in Nigeria.

(3)     Notwithstanding anything contained in any other Law, the said employee shall have the same conditions of service as applicable to him as if he were an employee of the state Ministry of Justice.

 

Establishment and composition of Peace and Security Committee

S.90. There shall be established a Local Government Peace and Security Committee, the composition of which shall be:

(a)     Chairman of the Local Government as Chairman;

(b)     Deputy Chairman of the Local Government as Deputy Chairman;

(c)     Development Area Administrator (where applicable);

(d)     One representative of the Nigerian Police Force;

(e)     One representative of the Army Unit(where applicable);

(f)      The Chief Magistrate in-charge of the Local Government;

(g)     One representative of the Youth;

(h)     One representative of the Immigration (where applicable)

(i)      The Most Senior Traditional Ruler in the Local Government area or his representative;

(j)      Two community leaders, one whom shall be of a community not indigenous to the Local Government Area;

(k)     Two religious leaders from the two major religions in the country (Islam and Christianity);

(l)      One representative of women organization;

(m)    Secretary of the Local Government who shall serve as Secretary to the Committee; and

(n)     One representative of State Security Service.

 

[Functions of the Peace & Securities Committee]

S.91. The Peace and Security Committee shall perform the following functions:

(a)     To review the security situation in the Local Government area and offer suggestions to arrest unpleasant situations or avert any impending social friction;

(b)     To assess the reactions of the people on Government policies and Programmes with a view to offering suggestions for modifications and Providing the necessary feedback; and

(c)     To monitor and take stock of movement of immigrants to ensure that they do not constitute a threat to the peace and security of the area.

 

PART XIII: LOCAL GOVERNMENT SERVICE

Establishment of Local Government Service

S.92.  (1)     There shall be established for the State a Local Government Service.

(2)     The staff of the Local Government shall be appointed by the Local Government Service Commission established under this Law.

 

Pension right

S.93.  (1)     Subject to the provision of subsection (2) of this Section, the right of a person in the service of the Local Government to receive pension and/or gratuity shall be regulated by the Pension Act, 2003 and any other applicable Law.

(2)     A benefit to which a person is entitled to as 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 for Public Officers in the Fifth Schedule to the Constitution.

(3)     Pension in respect of service in the service of a Local Government shall not be taxed.

 

Observance of the Code of Conduct

S.94. A person in the service of a Local Government shall observe and conform to the Code of Conduct for Public Officers contained in the Fifth Schedule to the Constitution.

 

PART XIV: LOCAL GOVERNMENT SERVICE COMMISSION

Establishment of Local Government Service Commission

S.95. There is hereby established for the State a body known as Local Government Service Commission (in this part of the Law referred to as “the Commission‟).

 

Composition and tenure of office of Members of the Service Commission

S.96.  (1)     The Commission shall comprise of :

(a)     The Chairman;

(b)     Two full time members;

(c)     Two part time members.

(2)     The members subject to the confirmation of the House of Assembly shall be appointed by the Governor who shall ensure that such appointees:

(a)     are persons of unquestionable integrity; and

(b)     are reflective of geographical spread of the State.

(3)     Any person appointed pursuant to subsection (2) of this section shall hold office for a period of 4 years from the date of his appointment provided that where such a person has been appointed from a public service of the Federation or a State, he shall be entitled to return to such public service at the end of his tenure.

(4)     Any such appointee may be removed by the governor for inability to discharge the functions of his office owing to physical or mental disability or for any other good cause subject to the approval of the House.

 

Staff and Secretary of the Commission

S.97.  (1)     The Commission shall draw all its supporting staff from the unified Local Government Service for running its administration.

(2)     A Permanent Secretary to the Commission shall be posted from the State Civil Service Commission in order to coordinate the activities between the State Government and Local Government/Development Areas.

 

Functions and Powers of the Commission

S.98.  (1)     The Commission shall, without prejudice to the powers vested in the Governor, have power to:

(a)     Appoint persons to offices in the Local government Service grade level 07 and above; and

(b)     promote, train, dismiss and exercise disciplinary control over persons holding those offices.

(2)     The Local Governments shall have power to employ staff on grade level 01-06 provided the Commission shall be at liberty to decline to convert such staff to unified grade.

 

Salaries and benefit of members and staff

S.99.  The salaries, allowances and benefits of the members and staff of the Commission shall be charged to the Nasarawa State Government Account.

 

Establishment and composition of Senior Staff Committee

S.100.(1)    There is hereby established the „Establishment Committee‟ for senior staff.

(2)     The Committee shall comprise of the Chairman and Directors of the Local Government and a representative of the Commission as members.

(3)     The Chairman of the Local Government shall be the Chairman of the Committee and in his absence the Director of Personnel Management shall act.

 

Establishment and composition of Junior Staff Mismanagement Committee

S.101 (1)     There is hereby established the „Junior Staff Management Committee.‟

(2)     The Committee shall comprise of the Director of Personnel Management of the Local Government, Deputy Directors and a representative of the Commission as members.

(3)     The Director of Personnel Management shall be the Chairman and in his absence the Deputy Director of Personnel Management shall act.

 

Functions of the Committees

S.102. The functions of the Committee established under Sections 98 and 99 of this Law shall be to regulate the activities of the Senior and Junior Staff respectively.

 

Rules of proceedings

S.103.The Commission may with the approval of the Governor regulate its own Proceedings.

 

Quorum

S.104. The Quorum of the Commission shall be three members including the Chairman.

 

Maintenance of training funds

S.105.The Commission shall maintain one percent training fund deducted directly from the total receipt of the Local Governments/Development Areas for training and manpower development.

 

Deemed Appointment

S.106.Notwithstanding any other thing contained in this Law any person holding the office of the Chairman or a member of the Commission shall be deemed to have been appointed under this Law.

 

Validity of acts of Local Government officers

S.107.Without prejudice to S.1 of this Law, any act or omission carried out or omitted to be carried out by any officer whose office came into existence as a creation of this Law, so far as same was done in the Lawful belief of the existence of such powers, such an act or omission thereof is hereby validated.

 

Limit of the Law

S.108.This Law regulates the composition, structure, finances, functions and Administration of Local Governments in the State to the exclusion of any other Law except the Constitution of the Federal Republic of Nigeria 1999.

 

Repeals

109. This Law repeals the following Laws:

(a)     The Nasarawa State Local Government Law No. 9 of 2000; (b) The Nasarawa State Local Government (Amendment)Law 2004

(c)     The Nasarawa State Local Government (Amendment)Law 2005;

(d)     The Nasarawa State Local Government (Amendment)Law 2006

(e)     The Nasarawa State Local Government (Amendment)Law 2008

 

Interpretation

S.110.In this Law:

“Appeal” includes any application for an order of certiorari, mandamus,

Prohibition, habeas corpus, judicial review, injunction or an appeal from any such application;

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

“Auditor-General” means Auditor-General for Local Governments as in Section 49 of this Law;

“Bye-Law” means legislation made by Legislative Council of a Local Government;

“Chairman” means Chairman as provided in Section 21 of this Law;

“Commission” means Nasarawa State Independent Electoral Commission;

“Constitution” means Constitution of the Federal Republic of Nigeria, 1999

“Council” means Legislative Council of a Local Government;

“Council Clerk” means Clerk to the Legislative Council appointed under Section 8 of this Law;

“Councilor” means and elected representative of a Ward in a Local Government Council

“Court” means Court of Law as established by the Constitution or any other Law;

“DAMC” means Development Area Management Committee;

“Decision” includes any pronouncement, judgement, decree, order, conviction or Sentence by any Court of Law or Tribunal;

“Deputy Chairman” maeans Deputy Chairman as provided in Section 25 of this Law;

“Deputy Speaker” means Deputy Speaker as established in Section 7(1)of this Law;

“District” means Districts or lesser administrative units to a Local Government provided in Section 5(1) and Schedule 1 of this Law;

“District Head” means office of a District head sd created in section 5(3) of this Law;

“Executive Council” means the Chairman, Deputy Chairman, Secretary, Supervisors and any other officer(s) in the Service of the Local Government, acting collectively;

“Financial Year” means the 1st of January to 31st of December of every year;

“Functions” includes powers and duties;

“Governor” means Governor of Nasarawa State of Nigeria;

“Government” includes Government of the Federation or of State or of a Local Government Area within the State or any person any or organ exercising such powers or authority on their behalf;

“House or House of Assembly” means Nasarawa State House of Assembly;

“Local Government Council” means Local Government Council established under Section 3 and Schedule 1 of this Law;

“Local Government Service Commission” means Local Government Service Commission established under Section 93 of this Law;

“Local Government Service” means Local Government Service under Section 92(1) of this Law;

“Running Mate” means the person that runs jointly with the candidate for the Office of Chairman as in Section 26 of this Law;

“Speaker” means Speaker of Legislative Council as provided in Section 7(1) of this Law;

“State” means Nasarawa State of Nigeria;

“State Joint Local Government Account” means such funds as established in the Constitution of the Federal Republic of Nigeria 1999 and Section 43 of this Law;

“Supervisor” means Head of Department of the Local Government other than Career staff as provided for in Section 32 of this Law;

“Suit” means civil proceedings commenced by the appropriate mode as the rules of such court may stipulate;

“Traditional Council” means a Traditional Council of a Local Government as provided in Section 52 of this Law;

“Village Area” means such village area as provided in Section 5(2) of this Law;

“Ward” means such smaller geographical political creation by State Electoral Commission as provided in Section 4 of this Law.

 

 

SCHEDULE I

LOCAL GOVERNMENT AND DEVELOPMENT AREAS

IN NASARAWA STATE

COLUMN A                                                                                COLUMN B

NAME                                                                                                 HEADQUARTERS

Akwanga                                            –                                     Akwanga

Awe                                                   –                                     Awe

Doma                                                 –                                     Doma

Karu                                                   –                                     Karu

Keana                                                –                                     Keana

Keffi                                                   –                                     Keffi

Kokona                                              –                                     Garaku

Lafia                                                  –                                     Lafia

Nasarawa                                           –                                     Nasarawa

Nassarawa Eggon                               –                                     Nassarawa Eggon

Obi                                                     –                                     Obi

Toto                                                   –                                     Toto

Wamba                                              –                                     Wamba

SCHEDULE 2

SECTIONS 18,24,31 AND 33

OATHS

OATHS 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 of the Federation Republic of Nigeria.

OATH OF OFFICE OFCHAIRMAN OF A LOCAL GOVERNMENT

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 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 Local Government Law 1999, 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 Directive 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 so as to endanger the continuance of Federal Government in Nigeria; 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 of Bureau and Tribunal Act 1990; that in all circumstances, I will do right to all manner of people, according to law, without fear or feavour, 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 of…………………….. Local Government, except as may be required for the discharge of duties and that I devote myself to the service and well being of the people of Nigeria.

So help me God.

OATH OF OFFICE OF VICE CHAIRMAN, SUPERVISORS AND SECRETARY OF A LOCAL GOVERNMENT

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 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 Local Government Law1999, 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 Directive Principles of State authority vested in the President of the Federal Republic of Nigeria so as to endanger the continuance of Federal Government of Nigeria; 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 of Bureau and Tribunal Act 1990; that in all circumstances, I will do right to all manner of people, according to Law, without fear or favour, affection or ill-well, 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 Vice Chairman of………………………Local Government, except as may be required for the discharge of duties.

So help me God.

OATH OF OFFICE OF MEMBER OF 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 Councilor of ……………………………. Local Government I will perform my functions honestly to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and Local Government Law 1990; 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 Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; and that I will 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 of Bureau and Tribunal Act 1990.

So help me God.

 

 

SCHEDULE 3

SECTION 68 OF THIS LAW

	COLUMN A		COLUMN B
S/N	Local Government Areas	S/N	Development Areas
1.	Akwanga	1.	Akwanga West
2.	Awe	2.	Azara
3.	Doma	3.	Ekye
4.	Karu	4.	Karshi
5.	Keana	5.	Panda
6.	Kokona	6.	Giza
7.	Lafia	7.	Agwada
		8.	Lafia East
		9.	Lafia North

 

SCHEDULE 4

SECTION 69 TO THIS LAW

	COLUMN A	COLUMN B	COLUMN C
S/N	Development Areas	Districts	Headquarters
1.	Agidi	Arikpa/Lambaga, Igga/Burum Burum, Ikah/Wangibi, Kagbu, Lizzi/Ezzen,Mada Station	Mada Station
2.	Agwada	Agwada, Bassa-Zerengi, Koya	Agwada
3.	Akun	Alushi-Ginda, Ende, Ogba, Wakama	Akpatta
4.	Akwanga West	Agyaga, Angwan Zaria, Anjida, Gudi, Moroa, Nunku	Rinze(Angwan Zaria)
5.	Azara	Akiri, Azara-Sabon Gari, Azara Town, Ribi, Wuse	Azara
6.	Ekye	Agbashi, Agyema, Akpanaja, Doka, Ediya, Okpatta, Ogeisa, Rukubi	Agbashi
7.	Farin Ruwa	Arum-Sarki, Arum-Kado, Jimiya, Kwarra, Mama, Mangar, Muggu, Turkwan/Yashi	Kwarra
8.	Gadabuke	Gadabuke	Gadabuke
9.	Giza	Giza Shaminya, Giza Wuje, Kadarko, Kwara	Giza
10.	Jenkwe	Agyaragu, Duduguru, Gidan-Ausa, Gude, Gidenya	Agyaragu
11.	Karshi	Agada, Bagaji, Betti, Karshi, Kaffin Shanu, Kurape, Takalafiya, Uke	Uke
12.	Lafia East	Adogi/Ashige, Arikya, Assakio, Ugah/Mankwar	Assakio
13.	Lafia North	Kwandere, Shabu	Shabu
14.	Loko	Aisa, Bakono, Guto, Loko	Loko
15.	Panda	Gitata, Kare, Kondoro, Kube, Panda, Tatara	Panda
16.	Udege	Akum, Kana, Odeni-Gida, Odeni Magaji, Odu, Onda, Udegen-Kasa, Usha	Mararaba-Udege

 

This printed impression has been carefully compared by me with the bill, which has been passed by the Nasarawa State House of Assembly is found by me to be a true and correct copy of the bill.

SULEIMAN ABDULLAHI MUHAMMAD
Ag. Clerk of the House
Nasarawa State House of Assembly

 

I assented 10th day of June 2009

ALHAJI ALIYU AKWE DOMA OON,OOM
Executive Governor
Nasarawa State of Nigeria

 

 

Find other laws of Nasarawa State, Nigeria HERE

 

 

LAWS OF THE FEDERATION OF NIGERIA