Delta State Independent Electoral Commission Law

DELTA STATE INDEPENDENT ELECTORAL COMMISSION LAW

1. Citation. This Law may be cited as the Delta State Independent Electoral Commission Law and shall come into force on the 1st day of September, 1999.

2. Interpretation. In this Law: “Attorney -General2 " means the Attorney-General and Commissioner for Justice, Delta State; "Chairman" means the Chairman and Chief Executive of the Delta State Independent Electoral Commission; "Executive Council" means the Delta State Executive Council; "functions" include powers and duties; "Governor" means the Governor of Delta State; "Member" means a member of the Commission and includes the Chairman; "misconduct" means breach of oath of allegiance or oath of office of a member or a breach of the provisions of the Constitution of the Federal Republic of Nigeria 1999 or bribery or corruption or false declaration of assets and liabilities or conviction for treasonable felony. "Secretary" means the Secretary to the Commission appointed pursuant to section 17 of this Law; “State" means Delta State of Nigeria; "State House of Assembly" means Delta State House of Assembly;

3. Establishment of Delta State Independent Electoral Commission. (1) There is hereby established for the State, a body to be known as the Delta State Independent Electoral Commission (in this Law referred to as "the Commission") (2) The Commission shall be a body corporate with perpetual succession and may sue and be sued in its corporate name.

4. Membership of the Commission. (1) The Commission shall consist of a Chairman who shall be the Chief Independent Electoral Commissioner and the Chief Executive of the Commission and six other members to be known as Independent Electoral Commissioners. (2) The Chairman of the Commission shall be a retired Judge. (3) The Chairman and other members of the Commission who must be persons of unquestionable integrity, shall be appointed by the Governor subject to confirmation by the State House of Assembly.

5. Qualification for membership. (1) No person shall be qualified for appointment as member of the Commission if: (a) he is not qualified or if he is disqualified for election as a member of a House of Assembly; (b) he has within the preceding ten years been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct. (2) Any person employed in the public service of the State shall not be disqualified for appointment as Chairman or member of the Commission provided that where such a person has been duly appointed, he shall on his appointment be deemed to have resigned his former office as from the date of the appointment. (3) No person shall be qualified for appointment to the Commission if, having previously been appointed as a member otherwise than as an ex-officio member, he has been re- appointed for a further term as a member of the Commission.

6. Tenure of office. (1) The Chairman and members of the Commission shall hold office for a period of five years. (2) A member may resign his membership of the Commission 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.

7. Removal of members. Any person holding any of the office to which this section applies shall only be removed from that office by the Governor of the State acting on an address supported by the two- thirds majority of the House of Assembly of the State praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

8. Remuneration. (1) There shall be paid to every Member of the Commission such salaries and allowances as may be approved by the House of Assembly, from time to time. (2) The salaries and allowances payable under this section shall be charged upon and paid out of the Consolidated Revenue Fund of the State.

9. Functions (1) The Commission shall have duty of: (a) organising, conducting and supervising all the elections and matters pertaining to elections into all the elective offices provided for in the Local Government Law or any other Law enacted by the House of Assembly; (b) Monitor political campaigns and provide rules and regulations which shall govern the elections; (c) ensure that all Electoral Commissioners, Electoral and Returning Officers take and subscribe to the Oath of Office prescribed by Law; and (d) Carry out such other functions as may be conferred upon it by any other Law.

10. Local Government Office. (1) There shall be established in each Local Government Area in the State an office of the Commission which shall perform such functions as may be assigned to it, from time to time, by the Commission. (2) There shall be in each Local Government Area, a Chief Electoral Officer who shall be: (a) a person of unquestionable integrity; and (b) not less than 35 years of age. (3) The Chief Electoral Officer shall be appointed by the Commission.

11. Independence of the Commission. In exercising its power to make appointments or to exercise disciplinary control over persons, the Commission shall not be subject to the direction and control of any other authority or person.

12. Quorum and decision. (1) The quorum for a meeting of the Commission shall not be less than one third of the total number of members of the Commission at the date of the meeting. (2) A member of the Commission shall be entitled to one vote and a decision of the meeting may be taken and any act or thing may be done in the name of the Commission by a majority of the members present at the meeting. (3) Whenever such body is assembled for a meeting the Chairman or other person presiding shall in all matters in which a decision is taken by vote (by whatever name such vote may be called), have a casting as well as a deliberative vote. (4) Subject to its rules of proceeding, the Commission may act or take any decision notwithstanding any vacancy in its membership or the absence of any member.

13. Proceedings of the Commission. (1) The proceedings and conduct of business of the Commission shall be at such times, places and on such days as the Chairman may appoint. (2) The Chairman shall preside at all meetings of the Commission, save that in his absence from any meeting of the Commission, the members present shall elect one of their members to preside at the meeting. (3) Notwithstanding the provisions of section 6 of this Law, if the Chairman is absent on leave or unable to perform the functions of his office as a result of infirmity of the mind, or body or for whatever reasons, the Governor may appoint any member of the Commission or any other person to act as Chairman for any specified period.

14. Validity of proceedings or act of the Commission. The validity of any proceedings of the Commission or act done by 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 or act.

15. Power to co-opt any person. (1) The Commission shall have power to co-opt any person whose advice or service is desired for a particular matter, for such a period as it thinks fit. (2) A person so co-opted shall not be entitled to vote at any meeting of the Commission and shall not count towards a quorum.

16. Power to make regulations and to appoint committees. The Commission shall have power to regulate its proceedings and may with the approval of the Governor, make standing orders affecting the conduct of elections under this Law and may appoint such Committee as may be necessary for the effective, performance of its functions under this Law.

17. Secretary to Commission. (1) There shall be a Secretary to the Commission who shall - (a) be an officer in the public service of the State. (b) have such qualifications and experience as may be appropriate for a person required to perform the functions of his office under this Law. (2) The Secretary shall be appointed by the Governor. (3) Subject to the general direction of the Commission, the Secretary shall be: (a) the accounting officer of the Commission; (b) responsible for keeping proper records of the proceedings of the Commission; (c) the head of the Commission's Secretariat and be responsible for the administration thereof: and (d) responsible for the direction and control of all employees of the Commission.

18. Appointment and Control of staff of the Commission. (1) The Commission shall have power to appoint its staff directly and if it so desires appoint either on secondment, or on temporary basis from any public service of the State, such number of employee as may, in the opinion of the Commission, be required to assist the Commission in the discharge of any of its functions under this Law and shall pay such persons employed directly, such salaries as the Commission may determine. (2) Subject to the provisions of this Law, or any other enactment, rules or regulation, the Commission shall have power to dismiss and exercise disciplinary control over its staff. (3) All employees of the Commission appointed pursuant to subsection (1) of this section, excluding such as are appointed on temporary basis for honorarium or on contract, shall have the same rights and obligations as members of the Public Service as defined by section 24 of the Pensions Act (as applicable to the Officers in the Public Service of Delta State of Nigeria).

19. Division of Local Government Area into Wards. (1) The Commission shall divide each area into such number of wards not being more than 20 or as the circumstances of each Local Government Area may require. (2) The boundaries of each ward shall be such that the number of inhabitants of the ward is as nearly equal to the population quota as is reasonably practicable. (3) The Commission shall review the division of every Local Government Area into wards at intervals of not less than 10 years, and may alter such wards in accordance with the provisions of this section to such extent as it may consider desirable.