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By Gloria Ikibah

A proposed amendment to Nigeria’s Constitution aimed at improving governance, efficiency, and accountability in local government administration has passed its second reading in the House of Representatives on Wednesday at plenary.The bill, one of 42 considered during Wednesday’s plenary, is sponsored by Deputy Speaker Benjamin Kalu and eight other lawmakers.According to its explanatory memorandum, the bill seeks to restructure the legal and administrative framework governing local councils. Its goal is to establish a stronger system that enhances local government operations, ensures efficient service delivery, and promotes transparency and democratic values at the grassroots level.

A copy of the draft indicates that Section 7 of the Constitution will be revised, replacing the existing provision with a new framework to support these objectives., “There shall be for each Local Government a democratically elected Chairman and a Vice-Chairman, who shall be qualified for election if he is an indigene of the local government; has attained the age of 25 years; and has been educated up to at least the first degree certificates or its equivalent.

“(2) A person elected to the Office of Chairman shall not begin to perform the functions of that Office until he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed, before the Chief Judge of the State or his nominee, the Oath of Allegiance and the Oath of Office as prescribed in the Seventh Schedule to this Constitution.”

Election of Chairman

The bill provides in Section 7 (1b) that “An election to the Office of Chairman shall be held on a date to be appointed by the responsible electoral body which shall be held on a date not earlier than 150 days and not later than 30 days before the expiration of the term of Office of the last holder of that Office.

“(2) A candidate for election to the Office of Chairman shall be deemed to have been duly elected where the candidate is the only person whose name was submitted to the electoral body for election; and there is more than one candidate, the candidate with the majority valid votes cast at the election.

Tenure

The tenure of the Chairman, Vice-Chairman and the Council shall be four years, and they may be eligible for a second term of four years and no more, as the bill provides in Section 7C.

Procedure for removal of Chairman and Vice-Chairman from Office

In Section 7D, the bill provides that “The Chairman or Vice-Chairman of a Local Government may be removed from office in accordance with the provisions of this Clause.

“(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the Local Government Legislative Council, is presented to the Speaker of the Local Government Legislative Council, stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified.

“The Speaker of the Local Government Legislative Council shall within seven days of the receipt of the notice, cause a copy of the notice to be served on the holder of the office and on each member of the Local Government Legislative Council, and shall also cause any statement made in reply to the allegations by the holder of the office to be served on each member of the Local Government Legislative Council.”

“(3) Within 14 days of the presentation of the notice to the Speaker of the Local Government Legislative Council (whether or not any statement made by the holder of the office in reply to the allegation contained in the notice), the Local Government Legislative Council shall resolve by motion without any debate whether or not the allegation shall be investigated.

“(4) A motion of the Local Government Legislative 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 Local Government Council.

“(5) Within seven days of the passing of a motion under the foregoing provisions, the Chief Judge of the State shall at the request of the Speaker of the Local Government Legislative Council appoint a panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provided in this clause.

“(6) The holder of an office whose conduct is being investigated under this Clause shall have the right to defend himself in person or be represented before the Panel by a legal practitioner of his own choice.”

“(7) A panel appointed under this clause shall have such powers and exercise its functions in accordance with such procedure as may be prescribed by the Local Government Legislative Council; and within three months of its appointment, report its findings to the Local Government Legislative Council.

“(8) Where the panel reports to the Local Government Legislative Council that the allegation has not been proved, no further proceedings shall 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 14 days of the receipt of the report, the Local Government Legislative Council shall consider the report and if by a resolution of the Local Government Legislative 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 shall stand removed from office as from the date of the adoption of the report.”

Permanent incapacity of Chairman and Vice-Chairman

The Chairman or Vice-Chairman shall cease to hold Office if, “By a resolution passed by a two-thirds majority of all the members of the Local Government Legislative Council, it is declared that the Chairman or the Vice-Chairman is incapable of discharging the functions of his Office; and the declaration is verified, after such medical examination as may be necessary, by a medical panel established under this part of the Constitution.”

“(2) The panel shall be appointed by the Speaker of the Local Government Legislative Council and shall comprise three medical practitioners in Nigeria, one of whom may be a medical practitioner of the choice of the concerned Chairman or Vice-Chairman and two other medical practitioners.

“(3) Where the medical panel certifies in its report that in its opinion, the Chairman or Vice-Chairman is suffering from such infirmity of body or mind which renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the Speaker of the Local Government Legislative Council shall be published in a Journal of the Local Government.

“(4) The Chairman or Vice-Chairman shall cease to hold office from the date of publication of the notice of the medical report.

“(5) Where the office of the Chairman becomes vacancy by reason of death or removal, the Vice-Chairman of the Local Government Council shall hold the Office of Chairman and in the absence of the Vice-Chairman, the Speaker of the Council shall hold office for a period of not more than 3 months, during which there shall be an election of a new Chairman, who shall hold Office in accordance with the provisions of this Constitution.

“(6) Where the office of Vice-Chairman becomes vacant by reason of death or resignation or removal or for any other reason, the Chairman shall nominate a candidate to the Local Government Legislative Council and upon the confirmation by two-thirds all the Members of the Local Government Legislative Council, such candidate shall take office as the Vice-Chairman to complete the unexpired term of office.”

Death of Chairman-Elect before Oath of Office

In 7G, the bill provides that “If a person duly elected as Chairman dies or withdraws before taking and subscribing to the Oath of Allegiance and the Oath of Office, the person elected with him as Vice-Chairman shall be sworn in as Chairman who shall then nominate, and with the approval of a majority of the members of the Local Government Legislative Council, appoint a new Vice-Chairman.”

Recall

“A member of a Local Government Legislative Council may be recalled if there is presented to the electoral body a petition on 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 the petition is thereafter approved in a referendum conducted by the electoral body within 90 days of the date of the receipt of the petition.”