LOCAL GOVERNMENT ADMINISTRATION LAW OF LAGOS STATE
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CHAPTER L89, LAWS OF LAGOS STATE, NIGERIA
LOCAL GOVERNMENT ADMINISTRATION LAW
ARRANGEMENT OF SECTIONS
PART I – Local Government System, establishment and administration of Local Government Councils
1. Local Government System, etc.
2. Local Government Areas
3. Division of Local Government Area into Wards
4. Establishment of Councils for the Local Government Area
5. Leader and Deputy Leader of the Council
6. Staff of Local Government Council
7. Sitting of the Council
8. Quorum
9. Voting and casting Vote
10. Proceedings of the Council
11. Standing Committees of the Council
12. Dissolution of the Council and issue of Proclamation by the Chairman
PART II – Councillors
13. Number of Councillors in a ward
14. Qualification of Councillors
15. Disqualification of Councillors
16. Declaration of Assets and Liabilities: Oaths of Councillors ,
17. Tenure of office of members of Council
18. Recall
PART III: Chairman, Vice-Chairman and other Officers of the Local Government, etc.
19. Establishment of Offices of Chairman and Vice-Chairman
20. Qualification of Chairman
21. Disqualification of Chairman
22. Declaration of assets and liabilities
23. Chairman to nominate associate candidate
24. Removal of Chairman and Vice-Chairman
25. Permanent incapacity of Chairman and Vice-Chairman
26. Discharge of functions of Chairman
27. Tenure of office of Chairman
28. Death of Chairman-elect before taking oath of office
29. Local Government Supervisors
30. Secretary to the Local Government
31. Functions of the Secretary
32. Local Government guidelines
PART IV: Executive and legislative powers and functions
33. Executive powers of the Local Government
34. Executive responsibility of the Vice-Chairman and Supervisor
35. Right of attendance of Chairman
36. Functions of a Local Government
37. Other functions of a Local of a Local Government
Exercise of legislative powers and functions of a Local Government Council
38. Local Government Councils declared to be legislatures
39. Mode of exercising legislative powers
40. Power and control over Public fund
41. Penalty and other provisions on Bye-Laws
PART V: Local Government Service and Service Commission
42. Local Government Service
43. Pension Rights
44. Observance of Code of Conduct
45. Local Government Service Commission
46. Composition of the Service Commission
47. Functions of the Service Commission
PART VI: Revenue and Account of Local Government’ etc.
48. Allocation of Revenue to Local Government
49. Appointment of Auditor -General
50. Auditing of Account Local Government
51. Interpretation
52. Citation and commencement
SCHEDULES
Schedule I
Local Government Areas
Schedule II
Oaths
CHAPTER L89
LOCAL GOVERNMENT ADMINIISTRATION LAW
A LAW TO PRO\IDE FOR LOCAL GOYERNMENT SYSTEM, ESTABLISHMENT AND ADMINISTRATION OF LOCAL GOVERNMENT COUNCILS AND FOR OTHER CONNECTED PURPOSES.
[Commencement] [4th October 1999]
BE IT ENACTED BY THE LAGOS STATE HOUSE OF ASSEMBLY as follows:
PART I – Local Government System, Establishment and Administration of Local Government Councils
1. Local Government System, etc.
(1) The system of Local Government will be by democratically elected Local Governments.
(2) All persons holding elective offices in the Local Government Areas specified in the Schedule to this Law will, from the date of the coming into force of this Law, be deemed to have been duly and validly elected under this Law.
[Schedule l]
(3) It will be the duty of Local Governments within the State to participate in Economic Planning and Development of the Local Government Area and to this end a Joint Economic Planning Board will be established by law.
(4) The functions of the Local Governments will be limited to those set out in this Law and the Fourth Schedule to the Constitution of the Federal Republic of Nigeria, 1999.
[No.24, 1999.]
2. Local Government Areas Part I Schedule I No.24, 1999
(1) There will be twenty (20) Local Government Areas in the State as specified in the Constitution of the Federal Republic of Nigeria 1999.
(2) Each Local Government Area will have its headquarters in the place named in the third column of Schedule I to this Law.
2A. Legal status and functions of Local Council Development Areas
(i) There will also be thirty-seven (37) Local Council Development Areas in the State with the names specified in Schedule II of Creation of Local Government Areas (Amendment) Law of 2004;
(ii) pending the passage of an Act of the National Assembl1, to list them in the Constitution as Local Government Areas. the Local Council Development Areas will have legal capacity’ to sue and be sued. own and dispose of any property and assume all the rights and duties of a legal entity:
(iii) The Local Council Development Areas will be funded by the Lagos State Government:
(iv) each Local Government Area has the power to delegate any of its functions to the Local Council Development Area falling within the territory of the Local Government Area;
(v) the functions of a Local Council Development Area includes any task assigned to it by:
(a) delegation from the relevant Local Government Council:
(b) any Law of the State House of Assembly; or
(c) executive directives of the Governor of Lagos State.
(vi) for the due performance of the foregoing- functions, all Local Government employees currently serving in the Local Council Development Areas will be deemed to have been properly deployed to their current posts by the Local Government Service Commission.
(vii) each Local Council Development Area may also employ such other staff as it may consider necessary for the optimal execution of its development programme;
(viii) the following will be a first charge on funds received by the State Government from the Federation Account for the benefit of Local Government Councils in Lagos State:
(a) salaries, allowances and other benefits of all employees and other personnel of the Local Government Service Commission: and
(b) payments due for essential local services, including the collection and disposal of refuse;
(ix) notwithstanding anything to the contrary in any other Law, each Local Council Development Area will retain all the rights. interests, obligations and liabilities which became vested in or attached to it under any contract or instrument, or in law or equity, at the time it was operating as a Local Government Area;
(x) Any contract or instrument referred to in subsection (ii) of this section will be of the same force and effect against or in favour of the Local Council Development Area to which it relates and be enforceable as fully- and effectively as if the relevant Local Council Development Area had been named in it or had been a part) to it.
[Amended by Local Government Administration (Amendment) Law, No.3 of 2006]
3. Division of Local Government Area into wards
(1) Subject to the provisions of the Independent National Electoral Commission Act, the State Electoral Commission (in this Law referred to as “the Commission”) will divide each Local Government Area into such number of Wards. not being less than 10 or more than 20, as the circumstances of each Local Government may require.
(2) The boundaries of each ward will 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 will review the division of every Local Government into wards at intervals of not less than ten (10) -years and may alter such wards in accordance with the provisions of this section to such extent as it may consider desirable.
4. Establishment of Councils for Local Government Areas, etc.
There will be a Local Government Council (in this Lau, referred to as “the Council”) for each Local Government Area of the State and the Council consists of Councillors elected from every ward in the Local Government.
5. Leader and Deputy Leader of the Council
(1) There will be a Leader and Deputy Leader of the Council who will be elected by the Councillors of the Local Government Council among themselves.
(2) The Leader and Deputy Leader ol the Council will vacate the office:
(a) on ceasing to be a Councillor in the Local Government,
(b) when the Council first sits after any dissolution of the Council; or
(c) if removed from office by a resolution of the Council by the votes of not less than two-thirds majority of the Councillors in the Council’
6. Staff of Local Government Council
There will be a Council Clerk of the Local Government Council and such other staff as may be appointed by the Local Government Service Commission established under this 1aw.
7. Sitting of the Council
(1) The Council will sit for a period of not less than ninety (90) days in a year.
(2) At any sitting of the Council, the Leader presides and when absent the Deputy Leader will preside.
(3) ln the absence of both the Leader and Deputy Leader any other member of the council as may be elected for that purpose by the Councillors may preside.
8. Quorum
The quorum of the Council will be one-half of all the members of the Council.
9. Voting and casting vote
Except as otherwise provided by this Law, a question proposed for decision in the Council will be determined by a simple majority of the members present and voting, and the person presiding has a casting vote whenever necessary to avoid an equality of votes.
10. Proceedings of the Council
Subject to the provisions of this Law, the Council will regulate its own proceedings.
11. Standing Committees of the Council
(1) A Local Government 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, regulation or otherwise as it thinks fit delegate any function exercisable by it to such a Committee’
(2) The number of members of a Committee appointed under this section, their term of office and quorum will be fixed by the Council.
(3) Nothing in this section will be construed as authorising a Local Government Council to delegate to a Committee, the power to decide whether a bill will be passed into 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 authorised to make recommendations to the Council on any such matter.
12. Dissolution of the Council and issue of Proclamation by the Chairman
(1) The Council will stand dissolved at the expiration of a period of three years commencing from the date when the Councillors 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 has power to issue a proclamation for the holding of the first session of the Council of the Local Government concerned immediately after his being sworn in or for its dissolution as provided in this section.
PART II – Councillors
13. Number of Councillors
There will be elected from each ward in a Local Government Area, one Councillor.
14. Qualification of Councillors.
Subject to the provisions of section 12 of this Law, a person will be qualified for election as Councillor if the person:
(a) is a citizen of Nigeria:
(b) has attained the age of twenty-five (25) years:
(c) has been educated up to at least the School Certificate level or its
(d) is a member of a political party and sponsored by the party.
15. Disqualification of Councillors
(1) A person will not be qualified for election as Councillor if the person:
(a) has voluntarily acquired the citizenship of a country other than Nigeria or, the except case in may such be. cases has as 1rade may be a prescribed declaration by of the allegiance National to Assembly, such other as country;
(b) under any law in force in any part of Nigeria, is adjudged to be a lunatic or otherwise declared to be of unsound mind;
(c) is under a sentence of death imposed by any Court of Law or Tribunal in Nigeria or a sentence of imprisonment for an offence involving dishonesty or fraud imposed by the court or substituted by a competent authority for any other sentence imposed by that court:
(d) has been found guilty of contravention of the Code of Conduct under the code of Conduct for Public officers in the Filth Schedule to the Constitution of the Federal Republic of Nigeria 1999:
[No.24 of 1999]
(e) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Federation;
(f) is employed in the public service of the Federation or of any State, or of any Local Government and has not resigned, withdrawn or retired from such employment thirty (30) days before the date of election;
(g) is a member of a secret society;
(h) has been indicted for embezzlement or fraud by a judicial Commission of Inquiry or a Tribunal under the Tribunals of lnquiry Act or any other law set up by the Federal, State or Local Government.
[Cap. T21, LFN]
(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
(d) adjudged or declared bankrupt,
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 will 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.
(e) 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 any such application.
16. Declaration of assets and Liabilities: Oaths of Councillors
[No.24. 1999. Schedule 2]
A person elected as Councillor will before taking the seat as a member of a Local Government Council declare a1i assets and liabilities as prescribed in the Code of Conduct for Public Officers in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria 1999 and subsequently take and subscribe before the Chairman of the Local Government, the Oath of Allegiance and the Oath of Membership prescribed in the Schedule to this Law.
17. Tenure of office of members of Council
(1) A member of the Council will vacate the seat in the Council:
(a) after becoming a member of a legislative house other than the Council into which the member was elected: or
(b) on the date when the member’s letter of resignation takes effect; or
(c) on becoming 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, resigns from that party or becomes a member of another political party before the expiration of the period for which the Local Government Council was elected;
Provided that membership of the latter political party is not as a result of a division in the political party of which the person was previously a member or a merger of two or more political parties or factions by one of which he was previously sponsored, or
(e) on becoming a member of a secret society or doing any other thing disqualifying the person from holding the office of Councillor 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 18 of this Law have been complied with in respect of the recall of that member.
18. Recall
(1) 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 one-half of the persons registered to vote in that member’s constituency alleging their loss of confidence in that member; and
(b) the petition is approved, in a referendum conducted by the Commission within ninety (90) days of the date of the receipt of the petition by a simple majority of the votes of the persons registered to vote in that member’s constituency.
PART III – Chairman, Vice-Chairman and other Officers of the Local Government, etc.
19. Establishment of Offices of Chairman and Vice-Chairman
There will be for each Local Government, a chairman arld a vice-chairman.
20. Qualification of Chairman
A person will be qualified to hold the office of Chairman if the person:
(a) is a citizen of Nigeria;
(b) has attained the age of thirty (30) years;
(c) is educated up to at least the School Certificate level or its equivalent; and
(d) is a member of a Political Party and sponsored by the Party.
21. Disqualification of Chairman
(1) A person will not be qualified to hold the office of Chairman if the person:
(a) has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, as the case may be, has made a declaration of allegiance to such other country;
(b) under any law in force in any part of Nigeria, is adjudged to be a lunatic or otherwise declared to be of unsound mind;
(c) is under a sentence of death imposed by any Court of Law or Tribunal in Nigeria or a sentence of imprisonment for an offence involving dishonesty or fraud imposed by such a court or substituted by a competent authority for any other sentence imposed by that court;
(d) 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 of the Federal Republic of Nigeria 1999;
[No. 24. 1999]
(e) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria;
(f) is employed in the public service or civil service of the Federation or of any State, or of an1, Local Government and has not resigned, withdrawn or retired from such employment thirty (30) days before the date of election;
(g) is a member of a secret society;
(h) has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or a Tribunal under the Tribunals of Inquiry Law or any other law set up by the Federal, State or Local Government.
[Cap. T21 LFN.]
(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
(d) adjudged or declared bankrupt,
an appeal against the decision is pending in a court of 1aw in accordance with a law in force in Nigeria, subsection (1) of this section will not apply during a period beginning from the date when the appeal is lodged and ending on the date when the appeal is final1y determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.
(3) A Chairman will not hold any other executive office or paid employment in any capacity whatsoever during the tenure of office.
(4) For the purposes of subsection (2) of this section:
“appeal” includes any application for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus, or an appeal from any such application.
22. Declaration of assets and liabilities
A person elected to the office of Chairman will not begin to perform the functions of that office unless assets and liabilities have been declared as prescribed b1 the Code o1 Conduct for Public Officers in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria 1999 and has subsequently’ taken and subscribed’ before the Chief Judge of the High Court of the State, the Oath of Allegiance and the Oath of Office as prescribed in the Schedule to this Law.
[No.24, 1999 Schedule 2]
23. Chairman to nominate associate candidate
(1) A person will not be deemed to have been validly nominated as a candidate to the office of a Chairman of a Local Government unless nominated by another candidate and his associate running for the office of Chairman who is to occupy the office of vice Chairman and that candidate will be deemed to have been duly elected to the office o Vice-Chairman if the candidate who nominated the person is duly elected as Chairman’
(2) The provisions of this Law relating to qualifications for election tenure o office, disqualifications. declaration of assets and liabilities and Oaths of Chairman will apply in relation to the office Vice-Chairman as if references to Chairman were references to Vice-Chairman.
24. Removal of Chairman or Vice-Chairman
The Chairman or Vice-Chairman may be removed from office in accordance with the provisions of this section:
(1) When the holder of the office acts in any way as to amount to misconduct in the one-half performance of the members of the functions of the of Council the office, stating a notice the misconduct, in writing signed detailed by particulars not less than of which must be specified is presented to the Secretary to the Local Government.
(2) The Secretary to the Local Government must, within seven (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 and will also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the Council.
(3) Within fourteen (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, will resolve by motion without any debate whether or not the allegation will be investigated.
(4) A motion of the Council that the allegation be investigated will 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) Within seven (7) days of the passing of a motion under subsection (4) of this section, the Secretary to the Local Government will inform the Chief Judge of the State, who will appoint a Panel of seven (7) 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 par1y.
to investigate the allegation as provided in this section.
(6) The holder of an office whose conduct is being investigated under this section will have the right of defence before the Panel personally or by representation by a legal practitioner.
(7) A Panel appointed under this section will:
(a) exercise its functions and have such powers as may be prescribed by law; and
(b) within three months of its appointment, report its findings to the Local Government.
(8) Where the Panel reports to the Local Government that the allegation has not been proved, no further proceedings will be taken in respect of the matter.
(9) Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen (14) days of the receipt of the report, the Council will consider the report with the holder of the office being present at the meeting and if by a resolution of the Council supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office will stand removed from office as from the date of the adoption of the report.
(10) In this section:
“misconduct” includes breach of the Oath of Allegiance or Oath of Office of Chairman or 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.
24A. Removal of official after investigation by House of Assembly
The Lagos State House of Assembly may after necessary investigations and if it deems it fit, recommend to the Governor to remove or suspend any Chairman, Vice- Chairman or official of any Local Government Area or Local Council Development Area in the interest of peace, order and good governance of the State’
Provided that nothing in this subsection will affect the Governor to suspend any chairman, vice-chairman or official of any Local Government Area or Local Council Development Area in the interest of peace, order and good governance of the State’ pending the investigation referred to in this Law.
[Amended by Local Government Administration ( Amendment) Law No.3 of 2006]
25. Permanent incapacity of the chairman and vice-chairman
(1) The Chairman or Vice-Chairman ceases to hold office if:
(a) by a resolution passed by two Thirds majority of all the members of the Council it is declared that the Chairman or the Vice-Chairman is incapable of discharging the functions of the office; and
(b) 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 Secretary to the Local Government.
(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 the person permanently incapable of discharging the functions of the office, a notice of the medical report signed by the Secretary to the Local Government will be published in the State Gazette.
(3) The Chairman or Vice-Chairman will 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 will be appointed by the Secretary to the Local Government and comprise three (3) medical practitioners in Nigeria, of whom:
(a) one (1) will be a medical practitioner of the choice of the Chairman or Vice-Chairman as the case may be; and
(b) two (2) will be other medical practitioners
26. Discharge of functions of Chairman
(1) The Vice-Chairman will hold office of 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 sections 24 and 25 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 Councillors will elect one ol their numbers who will hold the office of Chairman for a period of not more than three (3) months, during which there will be an election of a new Chairman, who will hold office as provided for in section 29(3) of this Law.
(3) Where the office of Vice-Chairman becomes vacant:
(a) by reason of death or resignation or removal in accordance with section 25 of this Law:
(b) by reason of assumption of the office of Chairman in accordance with subsection (1) of this section; or
(c) for any other reason,
the Chairman will nominate one of the Councillors who is thirty (30) years or above to be Vice-Chairman taking cognisance of section 14(4) of the Constitution of the Federal Republic of Nigeria and where no Councillor is so qualified, the Chairman will with a simple majority of the Councillors appoint any qualified member of a Political Party.
(1) The Commission will conduct a by-election to fill the vacant seat created in the ward from which the new Vice-Chairman has been appointed.
27. Tenure of office of Chairman
(1) Subject to the provisions of this Law, a person will hold the office of Chairman until the person:
(a) becomes a member of a legislative house;
(b) 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
[No.24, 1999.]
(c) whose election was sponsored by a political party, resigns from that political party or becomes a member of another political party before the expiration of the period for which the Local Government was elected;
(d) is replaced by another who then takes the Oath of that office,
(e) dies whilst holding that office;
(f) resigns and the resignation from office takes effect from that date:
(g) otherwise ceases to hold office in accordance with the provisions of this Law; or
(h) becomes a member of a secret society or does any other thing disqualifying them from holding the office of Chairman under this Law.
(2) The Secretary to the Local Government will give effect to the provisions of subsection (1) of this section, after having presented satisfactory evidence to the Local Government Council that any of the 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 will vacate the office at the expiration of a period of three (3) years commencing from the date when:
(a) in the case of first being elected as Chairman under this Law, the person took the Oath of Allegiance and the Oath of Office: or
(b) the person last elected to the office took the Oath of Allegiance and the Oath of Office or would but for the death have taken those Oaths.
28. Death of Chairman-elect before Oath of Office
(1) lf a person duly elected as Chairman dies or otherwise declines to take and subscribe to the Oath of Allegiance and the Oath of Office; the person elected as Vice- Chairman will be sworn in as Chairman who will then nominate and with the approval of a majority of the members of the Local Government Council, appoint a new Vice- Chairman.
(2) Where the Vice-Chairman is appointed from among the Councillors as the new Vice-Chairman, the Commission will conduct a bye-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 die before taking and sub-scribing to the Oath of Allegiance and Oath of Office during which period the Local Government or Electoral Commission has not been inaugurated, the Commission will immediately conduct an election for a Chairman of the Local Government in which the candidates will be nominated from the same wards as the ones that produced the Chairman and Vice-Chairman who died.
29. Local Government Supervisors
(1) There will be not less than three and not more than five offices of Supervisors of the Local Government.
(2) Any appointment to the office of Supervisor of a Local Government must:
(a) be sponsored by a political party; and
(b) if the nomination of any person to such office is confirmed by the Council, be made by the Chairman of the Local Government in accordance with the provisions of section 14(4) of the Constitution of the Federal Republic of Nigeria 1999.
(3) An elected Councillor who is appointed as a Supervisor of the Local Government will be deemed to have resigned the seat as a Councillor on taking the Oath of Office of Supervisor as prescribed in the Schedule to this Law.
[Schedule 2.]
(4) A person will not be appointed as a Supervisor of a Local Government unless the person is qualified to be a Councillor of that Local Government Area.
30. Secretary to the Local Government
(1) There will be a Secretary to the Local Government (in this Law referred to as “the Secretary”) who will be appointed by the Chairman of the Local Government.
(2) The Secretary will be a person who will qualify for election as Chairman of the Local Government and ceases to hold office when the Chairman ceases to hold office.
[Schedule 2.]
(3) The Secretary will declare assets and liabilities as prescribed by the Code of Conduct for Public Officers in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria 1999 and will take and subscribe to the Oath of Allegiance and Oath of Office as prescribed in the Schedule to this Law.
31. Functions of the Secretary to the Local Government
The Secretary will:
(a) serve as the Secretary to the meetings of the Executive Committee of the Local Government and keep records of the Committee;
(b) liaise with the Secretary to the State Government and other State functionaries on State-Local Government matters;
(c) perform such other duties as may be assigned to him by the Chairman of the Local Government.
32. Local Government Guidelines
The office of Local Government of the State or any other organ designated for that purpose may issue Administrative Guidelines to Local Governments to ensure uniformity in Local Government Administration.
PART TV – EXECUTIVE AND LEGISLATIVE POWERS AND FUNCTIONS
Exercise of Executive Powers and Functions of a Local Government
33. Executive Powers of the Local Government
(1) Subject to the provisions of this Law, the executive powers of a Local Government will be vested in the Chairman of the Local Government.
(2) The executive powers vested in the Chairman under subsection (1) of this section must, subject to the provisions of this Law be exercised either directly or through:
(a) the Vice-Chairman or Supervisors of the Local Government; or
(b) officers in the service of the Local Government.
(3) The executive powers of the Local Government under this section will:
(a) include the execution and maintenance of this Law, all Bye-Laws made by the Council and extend to all matters with respect to which the Council has for the time being, power to make Bye-Laws;
(b) not be exercised so as to impede or prejudice the exercise of the executive powers of the Federation or the State in which the Local Government Area concerned is situate or to endanger any asset or investment of the Government of the Federation or of the State Government in the Local Government Area.
34. Executive responsibility of Vice-Chairman and Supervisor
(1) The Chairman will assign to the Vice-Chairman, specific executive responsibilities in respect of the business of the Local Government.
(2) The Chairman will 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) The Chairman will hold regular meetings with the Vice-Chairman and all the Supervisors for the purpose of:
(a) determining the general direction of the policies of the Local Government;
(b) co-ordinating the activities of the Local Government; and
(c) generally discharging the executive functions of the Local Government.
(4) A meeting to which subsection (3) of this section relates will be held not more than one (1) month from the date of the previous meeting.
35. Right of attendance of Chairman
(1) The Chairman of a Local Government may attend a meeting of a Local Government Council either to deliver an address on the Local Government affairs or to make such statement on the policy of the Local Government as may be considered to be of importance to the Local Government.
(2) A Supervisor of a Local Government will attend the Council’s meeting if invited to explain to the Local Government Council, the conduct of the department and ir particular when the affairs of that department are under discussion.
(3) Nothing in this section will enable any person who is not a member of the Council to vote in that Council or in any of its committees.
36. Functions of a Local Government
The main functions of a Local Government will 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 home for the destitute or infirm;
(d) licensing of bicycles, trucks (other than mechanically-propelled trucks) canoes, wheel barrows and carts;
(e) establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor parks and public conveniences;
(l) construction and maintenance of roads, street lights, drains, parks, gardens Oba’s Palace, open spaces or such public facilities as may be prescribe from time to time by the House of Assembly of the State;
(g) naming of roads and 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 t levying such rates as may be prescribed by the House of Assembly of the State;
(j) control and regulation of:
(i) out-door advertising and boarding,
(ii) movement and keeping of pets of all descriptions.
(iii) shops and kiosks,
(iv) restaurants, bakeries and other places for sale of food to the public,
(v) laundries,
(vi) licensing, regulation and control of the sale of liquor; and
(k) registration of all births, deaths and marriages.
37. Other functions of a Local Government
The functions of a Local Government will 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 agriculture 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 the House of Assembly of the State.
Exercise of legislative powers and functions of a Local Government Council
38. Local Government Councils declared to be legislatures
(1) The Council is declared to be the legislature of a Local Government Area.
(2) Pursuant to subsection (1) of this section, the Council will exercise legislative powers in the Local Government Area.
39. Mode of exercising Legislative Powers
(1) The legislative powers vested in the Council will be exercised by Bye-Laws passed 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, the Chairman will within thirty (30) days signify whether assent is given or withheld.
(4) A Bye-Law will not become Law unless it has been duly passed and assented to rn accordance with the provisions of this section.
(5) Where the Chairman withholds assent and the Bye-Law is again passed by the Council by two-thirds majority, the Bye-Law will become Law and the assent of the Chairman will not be required.
40. Power and control over Public fund
(1) The Chairman will cause to be prepared and laid before the Council at any time before the commencement of the financial year, estimates of revenues and expenditure o the Local Government Area for the following year.
(2) The council will have power to debate, amend and approve the estimated referred to under subsection (1) of this section.
(3) Monies will not be withdrawn from any public fund of the Local Government Area unless such withdrawal has been authorised by the Council.
41. Penalty and other provisions on Bye-Laws
(1) There may be provided in or by any Bye-Law a penalty not exceeding Forty Five Thousand Naira (N45.000.00) or imprisonment not exceeding three (3) months o both as the Council making the Bye-Law may deem fit on any person who fails to take action required by, or who disobeys the Bye-Law.
(2) A Bye-Law may specify a further penalty not exceeding Five Hundred Nair (N500.00) for each day on which a breach of the Bye-Law is 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 provision in respect of fees or charges, the Council may provide in the Bye-Law for:
(a) certified fees or charges;
(b) maximum or minimum fees or charges;
(c) the payment of fees or charges either generally or under specified conditions; and
(d) the reduction, the waiver or the refund in whole or in part of any such fee or charges either upon the happening of certain events 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 r 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 person 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 V – LOCAL GOVERNMENT SERVICE AND SERVICE COMMISSION
Local Government Service
42. Local Government Service
(1) There is established for the State a Local Government Service.
(2) The staff of the Local Government will be appointed by the Local Government ” Service Commission established under this Law.
43. Pension rights
(1) Subject to the provisions of subsection 12 of this section, the right of a person in the service of a Local Government to receive pension or gratuity will be regulated by the Pension Reform Lau..
[No.3 of 2007 L.L.S.N]
(2) A benefit to which a person is entitled as referred to in subsection (i) of this section will 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 of the Federal Republic of Nigeria 1999.
[No.24, 1999]
(3) Pension in respect of service in the service of the Local Government will not be taxed.
44. Observance of the Code of Conduct
A person in the service of a Local Government will observe and conform to the Code of Conduct for Public Officers contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria 1999.
45. Local Government Service Commission
There will be for the State, a Local Government Service Commission (in this Law referred to as “the Service Commission”).
46. Composition of the Service Commission
(1) The Service Commission will comprise of:
(a) the Chairman and
(b) four other members.
(2) The members must:
(a) be nominated from each division of the State and such nomination will be confirmed by the House of Assembly; and
(b) in the opinion ol the Governor of the State, be persons of unquestionable integrity.
(3) A person appointed pursuant to subsection (2) of this section will hold office for a period of four (4) years from the date of appointment’
provided that where a person has been appointed from a Public Service of the Federation or a State. the person will be entitled to return to the Public Service of the Federation or of the State’
47. Functions of the Service Commission
(1) The Service Commission will, without prejudice to the powers vested in the Governor of the State, State Judicial Service Committee and the State Civil Service Commission have Power to:
(a) appoint persons to offices in the Local Government Service on Grad Level 07 and above; and
(b) deploy, dismiss and exercise disciplinary control over persons holding those offices.
(2) The Service Commission will delegate powers to the Local Government to employ, dismiss, and exercise disciplinary control over persons holding offices on Grade Level 01-06.
PART VI – REVENUE AND ACCOUNT OF LOCAL GOVERNMENT
48. Allocation of Revenue to Local Government
(1) The State will:
(a) maintain a special account to be called “State Joint Local Government Account” into which will be paid all allocations to the Local Government of the State from the Federation Account and from the Government of the State: and
(b) pay to each Local Government such proportion of its total revenue in such manner as may be prescribed by the House of Assembly of the State.
(2) The amount standing to the credit of the Local Government will be distributed among the Local Governments of the State in such manner as may be prescribed by the House of Assembly of the State.
49. Appointment of Auditor-General
There will be an Auditor-General for the Local Governments who will be appointed by the Governor subject to the ratification of the House of Assembly.
50. Auditing of Account of Local Government
(1) The accounts of the Local Government and all other offices of the Local Government will be audited annually in accordance with the provisions of this section.
(2) The Auditor-General will, within six (6) months from the end of each financial year submit a report to the House of Assembly.
(3) For the purpose of carrying out the duties under this section, the Auditor- General or any person authorised in that behalf will have access to all books, records, returns and other documents relating to those accounts.
(4) In exercise of the functions under this Law, the Auditor-General will not be sub1ect to the direction or control of any other authority or person.
51. 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;
“Chairman or Vice-Chairman” when used with reference to a Local Government means the Chairman or Vice-Chairman of the Local Government;
“Civil Service” means service in the Local Government in a civil capacity as staff of the Local Government assigned with the responsibility of any business of the Government.
“decision” means in relation to Court or Tribunal, a judgment, decree, conviction, sentence, order or recommendation of that Court or Tribunal;
“Electoral Commission” means the State Independent Electoral Commission;
“enactment” means provisions of any law or subsidiary legislation;
“function” includes power and duty;
“Government” includes the Government of Lagos State or of a Local Government Area within Lagos State or any person or organ exercising lower or authority on its behalf;
“House of Assembly” means Lagos State House of Assembly;
“National Assembly” means the Senate and House of Representatives;
“Oath” includes affirmation:
“Oath of Allegiance” means the Oath of Allegiance prescribed under Schedule 2 to this Law:
“Oath of Office” means the Oath of Office prescribed under Schedule 2 to this Law:
“Office” means any of the political offices, the appointment to which is by election or nomination under this Lau,;
“political party” means a political party registered by the Independent National Electoral Commission:
“School Certificate or its equivalent” includes:
(a) a Secondary School Certificate or its equivalent, or Grade Il Teacher’s Certificate, the City and Guilds Certificate; or
(b) Education up to Secondary School Certificate level; or
(c) Primary Six Certificate or its equivalent; and
(i) service in the public or private sector of the Federation in any capacity acceptable to the Commission for a minimum of ten (10) years; and
(ii) attendance at courses and training in such institutions as may be acceptable to the Commission for periods totalling up to a minimum of one (1) year; and
(iii) the ability to read, write, understand and communicate in the English Language to the satisfaction of the Commission; and
(d) any other qualification acceptable to the Commission;
“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 purposes of which is to foster the interest of its members and to aid one another under any circumstance without due regard to merit. fail play or justice to the detriment of the legitimate interest of those who are not members;
(b) the membership of which is incompatible with the function or dignity of any public officer under this Law, or any other enactment and whose members are sworn to observe oaths of secrecy; and
(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;
“State” means Lagos State of Nigeria.
(2) In this Law, references to a person holding an office include references to a person acting in that office or holding that office for the time being.
52. Citation and commencement
This Law may be cited as the Local Government (Administration) (Amendment) Law and will come into force on 4th October 1999′
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
