| Citation
and Commencement |
1 |
This
Law may be cited as the Kano State Independent Electoral Commission
Law 2001 and shall come into operation on 5th day
of JUNE 2001 |
| Interpretation |
2 |
In
the law unless the context otherwise requires:-
"Chairman"
means the Chairman of the Commission.
"Commission"
means the Kano State Independent Electoral Commission established
by section 3 of this law;
"Constitution"
means the Constitution of the Federal Republic of Nigeria
1999;
"Function"
includes powers and duties;
"Member"
means a member of the Commission and includes the Chairman;
"State"
means Kano State of Nigeria. |
| Establishment
of the Commission |
3(1) |
There
is hereby established for the State body to be known as the
Kano State Independent Electoral Commission.
(2)
The Commission shall be a body corporate with perpetual succession
and a common seal with power to sue and be sued in its corporate
name and acquire, hold or dispose of movable or immovable
property for the purpose of its function under the law. |
| Composition
of Members |
4 |
The
composition of the Commission shall consist of the following
members:
- A
Chairman who shall be the Chief Electoral Officer, Chief
Executive Officer and Accounting Officer of the Commission
and seven other members.
- The
Members of the commission shall be appointed by the Governor
subject to the confirmation of the State House of Assembly
and shall be persons of proven integrity and shall not be
involved in partisan politics.
|
| Tenure
of Office |
5(1) |
The
members appointed to the commission shall hold office for
a period of 5 years and on such terms and conditions as may
be specified inn their letters of appointment.
(2).
A Member may, at any time be removed from the office by the
Governor acting on an address supported by 2/3 majority of
the Members of the House of Assembly for any of the following
reasons namely:-
- Inability
to discharge the function of his office;
- Infirmity
of mind or body; or
- For
any act of misconduct.
(3).
A member may resign his appointment 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.
(4). Without
prejudice to the provision of this section a member who wishes
to hold any elective office shall resign his membership by
notice in writhing addressed to the Governor at least 3 months
before the election.
|
| Remuneration
of Members |
6 |
There
shall be paid to all members of the Commission such salaries
and allowances as may be prescribed by Law. |
| Function
of the Commission |
7 |
The
function of the commission shall be to:-
(a).
Organize, conduct and supervise all election to Local Government
Councils within the State; and
(b).
Render such advice as it may consider necessary to the Independent
National Electoral Commission and the registration of voters
in so far as that registration is applicable to Local Government
elections in the State. |
| Independence
of the Commission |
8 |
In
the course of discharging its function under this law, the
Commission shall not be subject ot the direction or control
of any person or authority. |
| Proceedings
of the Commission |
9(1) |
The
Commission shall meet for the conduct of its business at such
times, places and on such days as the Chairman may appoint.
(2).
The Chairman shall preside at all meetings of the commission
but if he is absent from the meeting of the Commission the
members present shall elect one of their members to preside
over at the at meeting. |
| Quorum |
10(1) |
At
nay meetings of the Commission five (members) shall form a
quorum.
(2)
Any question put before the Commission in the course of its
meeting shall be decided by consensus and where this is not
possible, by a majority of the votes of the members present
and voting.
(3).
The Chairman shall in the case of equality of votes have a
casting vote in addition to his deliberate vote. |
| Validity
of Proceeding |
11 |
The
validity of any proceedings of the Commission shall not be
affected by any vacancy in its membership or any defect in
the appointment of a member or by reason that a person not
entitled to do so took part in the proceedings. |
| C-option
of Members |
12 |
Where
the Commission desires to obtain the advice of any person
on a particular matter, the Commission may co-opt him for
such period as it thinks fit; but he shall not be entitled
to vote on any matter of the Commission and shall not count
towards a quorum. |
| Committee
of the Commission |
13(1) |
The
Commission may appoint a standing or ad-hoc Committee to carry-out
on its behalf any of its functions under this Law.
(2)
A committee appointed by the Commission under this section
shall consist of such persons as my be determined by the Commission. |
| Secretary
to The Commission and other Staff |
14(1) |
There
shall be a Secretary to the Commission who shall be an officer
in the State Civil Service not below Director to be appointed
by the Governor.
(2)
Subject to the direction of the Commission, the Secretary
shall be;
(a). responsible for keeping proper record of the proceedings
of the Commission;
(b). the head of the Commissions Secretariat and be responsible
for its administration and;
(c) responsible for the direction and control of all proper
employees of the commission with the approval of the Commission.
(3)
The Commission shall have power to employ its own staff or
request officers to be posted on secondment and or on temporary
basis from other ministries and parastatals in the State and
exercise disciplinary control over such staff as prescribed
by this law or any other enactment.
(4)
All employees such s are appointed on temporary basis, shall
have the same rights and obligations as the members of the
State Civil service as defined by the State Pension Law. |
