A law to provide for the establishment, Composition, Functions,
Finance and other Matters related to local Government Councils elections
in the State.
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Citation and Commencement
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This
Law may be cited as Borno State Independent Electoral Commission
Law and shall come into operation
on . . . . 27th.. . . . . Day of . . ..August . . . ..2002. |
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Interpretation
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In
this Law unless the context otherwise requires: "Chairman"
means the Chairman of the Commission Electoral Commission; "Constitution:
means the Borno State Independent Electoral Commission, Constitution
means of the Constitution of the Federal Republic of Nigeria,
1999.
Elections
- means Election into the Offices of the Local Government
Chairmen and Councilors.
House
of Assembly - means the House of Assembly of the State.
Local
Government Council - means Local Government Council of the
State.
Member
- means a Member of the Commission appointed pursuant to Section
4(2) of this Law and includes the Chairman.
National
Electoral Commission - means the Independent National Electoral
Commission of the Federal Republic of Nigeria.
State - means Borno State of Nigeria.
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| PART II: ESTABLISHMENT,
COMPOSITION, FUNCTIONS AND FINANCES OF THE COMMISSION. |
| Establishment of the Commission |
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There
is hereby established for the State a body to be known as the
Borno State Independent Electoral Commission which shall be
a body corporate with perpetual succession of the and a common
seal and can sue and be sued in its corporate name |
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| Composition
etc |
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There
shall be for the Commission a Chairman, who shall be the Chief
Electoral Commission and Six(6) other Members. Two each from
the three Senatorial Districts appointed by the Governor, subject
to confirmation by the State House of Assembly.
The Chairman shall be the Chief Executive and the accounting
Officer for the Commission. |
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| Qualification for Membership |
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No
person shall be qualified for appointment as a Member of the
Commission
Except he is a retired Civil Servant who shall have retired
not below the rank of a Director and shall not be less than
Fifty (50) years of age and shall not be a Member of any political
party
If he has within the preceding ten (10) years, been removed
from any office in the Public Service.
Except he is a person of proven integrity and not a member of
any political party.
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| Tenure of office of Members |
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Subject
to the provision of section 199 of the Constitution, a member
of the Commission shall hold Office for a period of five years
from the date of his appointment and shall be eligible for re-appointment
for another term and no more thereafter. |
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| Removal of Member |
7(1)
(2)
(3)
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A
member of the Commission shall only be removed from office by
the Governor acting on an address supported by two-third majority
of the House of Assembly praying that he be so removed for inability
to discharge the functions of his office (whether arising from
infirmity of mind or body or any other cause) or for misconduct
Any member of the Commission may resign his membership by notice
in writing addressed to the Governor and that Member shall,
on the date of the receipt of the notice by the Governor, cease
to be a member.
For the purpose of this section, "Misconduct" means
breach of the Oath of Allegiance or Oath of Office of a member
or a breach of the provisions of the Constitution or a misconduct
of such a nature has amounts to bribery or corruption or false
declaration of assets and liabilities or conviction for treason
or treasonable felony as defined in Section 205(d) of the Constitution
of the Federal Republic of Nigeria, 1999.
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| Oath of Office |
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No
person appointed as member of the Commission shall begin to
discharge the functions of his office unless he has taken and
subscribed to the Oath of Allegiances set out in the 7th Schedule
to the Constitution and the Oath of Office set out in the first
schedule.
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| Remunearion and Allowances |
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There
shall be paid to the Chairman and Members of the Commission
such salaries and or allowances as the House of Assembly may
approve from time to time. |
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| Function and powers of the
Commission |
10
(i)
(ii)
(iii)
(iv)
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The
Commission shall have power to:-
Organize, undertake and supervise all elections into Local Government
Council within the State.
render such advice as it may consider necessary to the Independent
National Electoral Commission on the compilation of and the
register of voters in so far as the register is applicable to
Local Government Council in the State.
do such things as may be delegated to it by the National Independent
Electoral Commission.
Receive list of candidates for Local Government Elections from
the State Chapters of all eligible registered Political Parties
which list must be authorized by the National Headquarters of
the respective Political Parties.
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PART
III: GENERAL
ADMINISTRATION AND STAFF OF THE COMMISSION |
| Appointment
of Secretary |
11(1)
(2)
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There
shall be for the Commission a Secretary who shall be a Civil
Servant not below the rank of a Director to be appointed by
the Governor.
Subject to the general direction of the Commission, the secretary:-
(a) Shall be responsible for keeping
proper records of the proceedings
of the Commission and
(b). Shall be the Head of the Secretariat
of the Commission and be
responsible for the administration thereof and the director
and control
of all other employees of the Commission. |
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| Other
Staff Of The Commission |
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The
Commission may engage the services of other staff either on
temporary or permanent basis as it may deem appropriate and
shall have power to exercise appropriate administration control
and disciplinary measures over such staff.
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| Salaries
and Pensions |
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Subject
to the provisions of this Law, the Commission shall pay its
staff such salaries, allowances, pensions and gratuities on
such terms and conditions as obtained in the public service
of the State or as may be approved by the State House of Assembly.
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| Secondment
of staff |
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The
Commission may engage the service of staff on secondment from
any Government Department or Establishment.
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| Excpiration
of Tenure and Handover |
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(a).
The tenure of each Local Government Council
shall expire on the
date the Council was inaugurated.
(b). Local Government Chairman shall handover
to Local Government
Secretaries on the day their tenure expires in the event
that it has not been possible to conduct elections before the
expiration of their tenure.
(c). Legislative Council Leaders shall handover
to the Direction of Personnel
Management of the Local Government.
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| Transitioanl Management Committee |
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In
the event that tenure of Local Government Councils expires before
elections are held, the Governor shall appoint a Caretaker Chairman
and four (4) other members for each Local Government Council
subject to the confirmation by the State House of Assembly.
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| Disqaulification of Candidates |
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The
State Independent Electoral Commission (SIEC) shall have power
to disqualify any candidate nominated by any Political Party
on any ground specified under this Law or any enactment or the
Constitution of the Federal Republic of Nigeria 1999.
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| Date
of Elections |
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(a) The
State Independent Electoral Commission (SIEC) shall decide
on the date of the election subject to the approval by the state
House of Assembly.
(b). Any Member of the transition Committee who wishes
to contest the Local
Government Election shall cause to be a member of the
Committee on (1) month to the election.
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In
exercising its power to make appointments or to exercise disciplinary
control over persons in the employment, the commission shall
not be subject to the director and control of any other authority
or person.
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The
Chairman, a member or staff of the Commission shall not be personally
liable for any act or omission done in the course of discharging
its functions under this Law.
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| Departmenfs
of the Commission |
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There
shall be the following departments for the Commission each of
which shall be Headed by a Director
(a). Administration and General Services with the
following units:
(i). General
Administration.
(ii). Personnel
Administration
(iii). Finance
and
(iv). Store
and Supplies
(b). Planning, Monitoring and research with the
following units:-
(i). Planning
(ii). Monitoring,
and
(iii). Research and
Records
(c). Logistic and Estates with the following units:-
(i). Logistics,
and
(ii). Estate
(d). Information and Legal with the following units:-
(i). Information
(ii). Legal
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22(1)
(2)
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The
Commission may establish officers in all the Local Government
Areas of the State each of which shall be headed by an Electoral
Officer.
The Commission may with the approval of the National Independent
Electoral Commission. (INEC) used the offices and personnel
of INEC to carry out its functions under this Law.
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Subject
to the provisions of this law the Commission may in accordance
with Civil Service Rules make regulations with respect to:-
(a). Appointment,
Promotions, Transfer, Dismissals and discipline
of its staff.
(b). The qualifications
required for appointments;
(c). Method of appointments;
(d). The form of any agreement
to be entered into between the Commission
and its staff, and
(e). The terms and conditions
of service of its employees (Including
allowances, the grant of advances, the provision of
quarters, leaves and medical treatment).
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PART
IV:
FINANCIAL
PROVISIONS AND AUDIT |
| Establishment
of the fund of the Commission |
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The
Commission shall maintain a fund from which it shall defray
all expenditure incurred by the Commission
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| Source
of funds of the Commission |
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The
sources of funds of the Commission shall consist of the following:-
(a). Such
sums as may be appropriated to the Commission by
the Appropriation Law of the State,
(b). All
other sums which may vest in the Commission under any
enactment; and
(c). All
other sums which may in any manner become payable to
the Commission in respect of any matter incidental to its
powers or functions under this Law.
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| Account
of the Commision |
26(1)
(2)
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The
Commission shall open and operate such accounts as it may deem
appropriate or necessary with any reputable Bank in the State.The
Commission shall open and operate such accounts as it may deem
appropriate or necessary with any reputable Bank in the State.
The Secretary and the Director in charge of Finance shall be
the signatories to the Accounts of the Commission
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| Estimates |
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The
Commission shall prepare and submit to the Governor not later
than 31 day of December of each year, an estimate of income
and expenditure of the Commission for the succeeding financial
year. |
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| Statement
of Accounts and Records |
28(1)
(2)
(3)
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The
Commission shall cause to be kept proper books of Account and
other records in respect of its functions.
The Commission shall prepare in respect of each financial year
statement of accounts in such form as the Governor may approve,
and
The said annual statement of accounts shall be fair and accurate
statement of the financial position and of the operations of
the Commission for the financial year to which it relates |
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| Audit |
29(1)
(2)
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The
Commission shall cause the annual statement of accounts required
by section 24 of this law to be audited not later than six months
after the end of each financial year by the Auditor-General
of the State, or any other person authorized by him.
As soon as the annual statement of Account has been audited,
the Commission shall forward to the Governor, a copy of the
statement of accounts together with a copy of the report made
by the auditor.
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PART
V: MEETINGS
AND MISCELLANEOUS PROVISIONS |
| Proceding
etc of the Commission |
30(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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The
Commission shall meet for the conduct of its business at such
times, places and on such days as the Chairman may, subject
to the provisions of this section, appoint.
The Chairman shall preside at all meetings of the Commission
but if he is absent from any meeting of the Commission the Members
present shall elect one of their member to preside at the meeting.
If the Chairman is absent on leave or if the Chairman is otherwise
not available or is unable to perform his functions, the Governor
may appoint any member of the Commission to act as Chairman
for any specific period not exceeding six months
The quorum for the meeting of the Commission shall be four.
Questions put before the Commission at a meeting shall be decided
by consensus and, where this is not possible, by a majority
of votes of the members present and voting
The Chairman shall in the case of an equality of votes have
a casting vote.
Subject to this section, the Commission shall have power to
regulate its proceedings and make standing orders with respect
to the holding of meetings, the notice to be given, the procedure
thereat, the keeping of minutes of such proceeding and the custody
and production for inspection of such minutes, or confer powers
or impose duties on any Officer or authority for the purpose
of discharging its functions.
The validity of any proceedings of the Commission shall not
be affected by any vacancy in its membership or by any defect
in the appointment of a member.
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| Special
Meetings |
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Any
four members may by notice in writing request the Chairman to
call a special meeting of the Commission for the purpose set
out in the notice and the Chairman shall there-upon call such
a special meeting.
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| Co-option
of Members |
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Where
on any occasion, the Commission desires to obtain advice of
any person on any particular matter, the Commission may co-opt
such a person to be a member of such meetings as may be necessary
and such person whilst so co-opted shall have all the rights
and privileges of a member except that he shall not be entitled
to vote on any issue. |
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| Common
Seal |
33(1)
(2)
(3)
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The
Commission shall as soon as may be after its establishment provide
itself with a common seal.
The common seal of the Commission shall be authenticated by
the signature of the Chairman or any other Member thereof authorized
by the Commission to act in that behalf and the signature of
the Secretary of the Commission.
Judicial notice shall be taken of the common seal of the Commission
and every document purporting to be an instrument made by the
Commission and to be sealed with the common seal purporting
to be authenticated in accordance with the provisions of this
section shall be without further proof unless the contrary is
shown.
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| Power
to make General Regulations |
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Subject
to the provision of the constitution of the Federal Republic
of Nigeria, the Commission may with the approval of the Governor
subject to the Confirmation by the State House Assembly make
regulations or guidelines for carrying into effect the provisions
of this law and in particular without prejudice to the generality
of the forgoing with respect to:-
(i). The forms to be used
and fees payable in respect of elections organized
by the Commission
(ii). Regulating the conduct
of elections generally which the Commission
has power to conduct, and
(iii). Any other matter
vested in the Commission by the Constitution
of the Federal Republic of Nigeria or any other Law.
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