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“Local Government (Basic Constitutional and Transitionalprovisions) Decree 1989

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“Local Government (Basic Constitutional and Transitionalprovisions) Decree 1989 Supplement to Official Gazette Extraordinary No. 32, Vol. 76, 17th May, 1969—Part A “LOCAL GOVERNMENT (BASIC CONSTITUTIONAL AND TRANSITIONALPROVISIONS) DECREE 1989 ARRANGEMENT OF SECTIONS - Section 1, Local Governmentsystem. 19. Disqualifications of Councillors. 2 . Establishment and dissolution of 20. Declaration ofassets andliabilities + . "Local Government Council: oaths of Councillor. Division into wards and boundaries “21, Supervisory Councillors, thereof, . 22. Tenure of seat of members. 4. Periodical review of wards. 23. Recall. Establishmentofoffice of Chairman and Vice-Chairman. 24, Presiding at sitting of the Local 3 Government ‘Council. 6. Qualifications of. Chairman. 25. Quorum. | 7.- Disqualifications of Chairman. 26. Voting. 8. Declaration of assets andliabilities : oaths of Chairman.- 27, Functions of a Local Government. Election of Chairman. 28. Other functions of Local Govern- ment. : 10. Nomination and election of Vice- ‘Chairman. os . , 29. State Local Government Service Commission. 11, Removal. : of Chairman or Vice- 30. Composition of the Local Goyern- --Chairman, - ca , ment Service Commission. 12. Permanent incapacity of Chairman 31 Functions of the Local Goyern- and Vice-Chairman. ment Service Commission. 32, Protection of pension . 13, Discharge of functions of Chairman. rights, 33. Observance of Code of Conduct by , _ 14, Executive responsibility of Vice-- persons employed in the service Chairman: or Supervisory Coun- of a Local Government Council. cillors. — |: 34, Power to remove Chairman, ete, 15. Tenure of office of Chairman, 235. National Electoral Commission to 16.. Death of. Chairman elect before conduct Local Government elec~ ‘oaths of office, ~~ tions. : 17, Number of Councillors. 36. Polling stations. 18, Qualification: of Councillors. 37, Personseligible to vote. A 220 1989 No. Local Government (Basic Constitutional and Transitional Provisions) 38. Disqualifications. 64. Disqualification of- persons con- 39, Ordinary residence. victed of certain offences. 40. Registration of voters. 65. Disorderly conduct at elections, _ 41, Registration card, 66. Polling day offences, 42. Register. for wards and polling 6 Offencesin rélation to countin, stations. i 43. Preliminary register, i 68. Disturbances at election meetings. 44. Correction ofregister. 69. soberecenteaneying offence Government ‘Council Elec- 45. Public buildings, etc. to be used| as ~ 70. Local registration centres. tion Tribunalto have jurisdiction , questions, etc, 46. Campaigns for elections. " , fo determine 47, DateofLocal Governmentelectiofis. 71. Election petition. 48. Voting. “72. Presentation of petition. 49. Appointment and_ supervision of 73. Grounds on which election may be. officers, _ questioned. - 50. Procedureat elections. 74, Non-compliance. with certain pro- election. 51. Breachesofofficial duty. visions notto invalidate ; . 7 Government 52, Requirementof secrecy. | 75. Appealfrom,Local l 76. Effect on determination of. notice — 53. Co*rupt practices. 54, Personation and punishment for of appeal. for election petitions. ___ Personation. 77. Procedure . Lo . 55 Persons to be deemed guilty lof to disclose his treating. | 78. Voternot required : ao. ; 56. U: i . be postponed if 6. Undueinfluence ; 79. Election may 57, Persons to be deemed guilty|of __ disturbance feared. docu- bribery. OL 80. Custody and inspection of 58. Punishment anddisqualification for ments. ~ . bri , treati d d : bribery, meanng ane un re 81. Expenses ‘of elections, notices, etc 59. Offences in respect of nomination 82. Validation of orders, ‘ papers, ballot papers, etc. and : ballot boxes. , 83. Forms. 60. Punishment of persons guilty jof 84. Repeal. certain illegal practices. 85. Interpretation. 61. Voting when notregistered. 86. Citation. 62. Fraudulent use of ballot paper. : Offences relating to statements |of 63. SCHEDULES result, Local.Government (Basic Constitutional and 1989 No. 15, A221 : Transitional Provisions) ’ Decree No. 15 - [17th May 1989] Commence- tment. ‘oll THE FEDERALMILITARY GOVERNMENThereby dectees as Ollows :;— : 7 : . ‘ Part I—LocaL GovERNMENT SysTEM AND ESTABLISHMENT OF oS Local Government Councits - 1—(1) The system of local governmentshall, under this Decree, be by Local democratically elected Local Government Councils. - ’ Government: system. (2) There shall be 449 Local Government Areas in Nigeria as named in the second column of Schedule.1 to this Decree and each Local Government Area shall have its headquarters in the locationspecified in the third column of thesaid Schedule. a a (3) The Local Government Area shall be the only unit in respect of _ which the Governmentof a State is empoweredto establish an authority for the purposeof local government. — ° : (4) Without prejudice to the provisions of subsection (3) of this section, the Governmentofa State may, by Edict or Law, create for any Local Govern- mentArea in its State up to a maximum of 7 Development Areas, having regard to such factors as commonhistorical and traditional ties, geographical contiguity and administrative expedience. ._ (5) Subject to subsection (2) of this section, the person authorised by law to prescribe the area over which a Local -Government may’ exercise . authority shall define such area as clearly as practicable and in conformity with the provisions of Schedule1 to this Decree. (6) It shall be the duty of a Local Government within the State to participate in economic planning and development of the Local _Govern- ment Area concerned andto this end, a joint economic planning board ‘shall be established by an Edict or a Law. , (7) The functions to be conferred by an Edict or a Law upon a Local Government Council shall include those.set out in Part V ofthis Decree. (8) Subject to the provisions of this Decree— (a) the Armed Forces Ruling Council or the National Assembly, as the ‘case may be, shall make provisions for statutory allocation of public revenue to the Local Governments in the Federation ; and - : ® the Military Governor or the House of Assembly of a State, as the case may be, shall make provisions for statutory allocation of public revenue to the Local Governments within theState. A. 222 1989 No. 15 Local cr (Basic Constitutional and Transitional Provisions) (9) The Auditor-General ‘ok the Local Governments ’'of a State shall audit annually the accounts of the; Local Government and the report thereof shall be laid before the Military Governor or the House of Assembly of the - State, as the case niay be. (10) Subject to the provisions.of Parts 1 to VI of this Decree, the Military Goverrior or the House pfAssemblyof a State, as the case maybe, — shall enact an Edict or a Law providing for the structure, composition, _ revenue, expenditure and other ancial matters, staff, meeting and other relevant matters for the Local Gqvernments inthe State, Establish- 2. _(1) There shall be a Lhcal Government ‘Council for each Local “ment and Government Areain the Federation. _ dissolution of Local Governmerit ‘ (2) ALocal Government Co neil shall stand dissolved at2 the expiration Council. of a period of 3 years commencing fromthe date, of the first sitting of the Council but shall seat for only 2 years during the transition period. (3) Government shall ensur¢ that every personwhoiis entitled to vote. or be voted for at anelection, shall have the right to vote or be votedfor at an & election to a Local Government Council. Division . 3.—(1) Subject to the provisions ofthis Decree, the National Electoral ‘into wards Commission (hereafter in this Decree referred to as “the Commission”) shall and boundaries divide each Local Government Area into such numberof wards, not being thereof, more than 20, as the Somes of each Local Government Area may require. | (2) The boundaries of each’ ward shall’ be: such that the number of inhabitants thereof is as nearly equal tothe population quota as-is. reasonably practicable. Periodical 4- The Commissionshall rev ‘ewthe divisionof every Local Government review of Area into wards at intervals of not less than 10years and may alter such wards. wards in accordance with the provisions of. section 3 (1) of this Decree to such extent as it may consider desirablein the lightof the review. Part JI—Tue (HAIRMAN AND VicE-CHAIRMAN _ Establish- 5. There shall be for each Local Government Couricil, a-‘Chairman and ment of Vice-Chairman. pet a office of ~ Chairman . and Vice- Chairman. Qualifica- 6. A person shall be qualified for election totheoffice of Chairman if— . tions of Chairman. (a) he is a citizen of Nigeria ; and -. (b) he has attained the age df25 years ; - (e) he has been educated wp to at least. the school Certificate level. Disqualifica- — 7. —(1) A person shall not)‘be qualified for election to ‘the officeof tions of Chairman if— oo. Chairman, Local Government (Basic Constitutional and. 1989 No, 15 A 223 Transitional Provisions) (a) he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases ‘as may he prescribed by the Federal Military Government or the National Assembly, as the case may be, has madea declaration ofallegiance to such a country ; (6) underany Jaw in force in any part of Nigeria, heis adjudged to bea lunaticor otherwise declared to beof unsound mind ; (c) heis. under a sentence of death imposed on him by any court of law in Nigeria or a sentence of imprisonment for an offence involving dis- -honesty (by whatever namecalled) imposed on him by such a court or substituted by a competent authorityfor any other sentence imposed on him by such a court
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