Delta State Local Government Law

DELTA STATE LOCAL GOVERNMENT LAW

1. Citation and commencement This Law may be cited as the Delta State Local Government Law and shall come into force on the 20th day of October, 2004.

2. Interpretation In this Law - "Constituency" includes a ward in the case of the election of a Councillor; and a Local Government area in the case of the election of a Chairman; "Constitution" means the Constitution of the Federal Republic of Nigeria 1999; "Court" includes Election tribunal; "Election" means Chairmanship and Councillorship election under this Law; "Electoral Commission" means the Delta State Independent Electoral Commission; "Governor" means the Governor of Delta State of Nigeria; "House" means the Delta State House of Assembly; "Legislative House" means the Legislative House of a Local Government Council; "Ministry" means the Ministry charged with matters relating to Local Governments; "Polling Station" includes a polling unit; "Register of Voters" in relation to a ward or constituency means the list of voters, registered and eligible to vote in an election in the ward or constituency; "Regulation" means Regulations made by the House of Assembly by way of Laws and resolutions; "Resolutions" means regulation passed by the House of Assembly for Local Government Councils; "Law" means laws made by the House of Assembly of Local Government Councils; "Service Commission" means Local Government Service Commission; "State" means Delta State of Nigeria; "Secret Society" means an association or a group or body of persons. (a) that uses secret signs, oaths, rites or symbols and which is formed to promote a cause or to foster wholly or partly the interest of its members, or to aid its members under any circumstance to the detriment or disadvantage of those who are not members; or (b) the membership of which is incompatible with the function or dignity of a public office under the Constitution of the Federal Republic of Nigeria and those members are sworn to observe oaths of secrecy, or (c) the activities of which are not known to the public at large, the names of their members are kept secret and those meetings and other activities are held in secret.

3. Supremacy of the Law over the Authorities (1) Subject to the provision of the Constitution, this Law shall have binding force on all authorities and persons throughout the Local Government Areas of the State. (2) If any Law is inconsistent with the provisions of this Law, this Law shall, subject to the Constitution, prevail, and that other law shall to the extent of the inconsistency be null and void.

4. System of Local Government system. (1) The system of Local Government shall be by democratically elected Local Government Councils. (2) It shall be the duty of Local Governments Councils within the State to participate in economic planning and development of the Local Government Area and to this end a joint Economic Planning Board shall be established by a Law enacted by the House. (3) The functions to be conferred on Local Governments Councils shall include those set out in sections 42 and 43 of this Law. (4) The legislative powers of a Local Government shall be vested in the Legislative House. (5) A Legislative House shall have power to make bye-laws on matters conferred on it by the Constitution and any Law of the State. (6) The executive powers of a Local Government shall be vested in the Chairman of the Local Government Council.

5. Number of Local Government Areas (1) Subject to Section 7(1) and 8 (3) of the Constitution there shall be 25 Local Government Areas in the State as named in the first column of Schedule 1 to this Law and each Local Government shall have its headquarters in the place specified in the second column of that Schedule. (2) Except as may be provided in the Development Administration and Committees Law or any other Law of the State, a Local Government Area shall be the only unit in respect of which the State is empowered to establish an authority for the purpose of local government administration.

6. Establishment of Councils There shall be a Council for each of the Local Government Areas in the State.

7. Legal Capacity of a Local Government Council Each Local Government Council shall be a body corporate with perpetual succession and a common seal and shall have power to acquire, hold and dispose of land and to sue and be sued in its corporate name. Provided that thirty day notice of intention to sue is given

8. - A Local Government Council may by agreement acquire land, whether by way of assignment, sublease, exchange, or gift, or in any manner authorised by Law having effect in the locality.

9. Allocation of revenue to Local Government Councils In addition to the allocation of revenue accruing to the State Joint Local Government Accounts from the Federation Account for the benefit of the Local Government Council the Local Government Councils shall be entitled to a minimum of 10% of its internally generated revenue accruing to the State from time to time which shall be credited into the State Joint Local Government Account.

10. - The accounts of, the Local Government Council shall be audited annually in accordance with subsection (2) of section 92 of this Law.

11. Power of Investigation. of Affairs Local Government Councils (1) For purposes of enabling the House to expose corruption, inefficiency or waste in the administration or execution of this Law or any other Law affecting Local Government administration generally, the House shall have power to investigate the affairs of any person or Local Government Council or any Department or Authority of the Council charged with the duty or responsibility for executing or administering this Law and any other Law affecting Local Government Councils. (2) The Governor may, whenever desirable, set up a panel of inquiry into the conduct of any public officer of a Local Government Council on any matter relating to the affairs of a Local Government Council. (3) For the purpose of complying with the provisions of sub sections (1) and (2) herein, the House or the person (s) so appointed by the Governor shall have power to call for, look into and take copies of any files and other records which may be considered useful to the inquiry and may invite, summon or subpoena the Chairman or Vice-Chairman or any person whether or not directly connected with the matters being inquired into.

12. Dissolution of Local Government Council A Local Government Council shall stand dissolved at the expiration of a period of 3 years commencing from the date of the first sitting of the Council.

13. Power of the Electoral Commission to delineate Wards (1) Notwithstanding any contrary provision in this Law, the Electoral Commission shall divide each Local Government Area into such number of wards, not being less than 10 or more than 20 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 of the ward as is reasonably practicable. (3) The Commission shall have power to review the division of Local Government Areas into wards as prescribed in the Delta State Independent Electoral Commission Law.

14. Establishment of office Chairman of Local Government Councils There shall be a Chairman and a Vice-Chairman for each Local Government Council.

15. - A person shall be qualified to hold the office of Chairman if- (a) he is a citizen of Nigeria; (b) he has attained the age of 30 years; (c) he possesses at 1east the Senior School Certificate or its equiva1ent; and (d) he is a member of a political party and is sponsored by that political party.

16. - (1) A person shall not be qualified to hold the office of Chairman or Vice-Chairman subject to the provisions of the 1999 Constitution, if: (a) he has voluntarily acquired the citizenship of a Country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other Country; (b) under any law in force in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; (c) he is under sentence of death imposed on him by any court of law or tribunal in Nigeria or a sentence of imprisonment for an offence involving dishonesty or fraud (by whatever name called) imposed on him by such a court, or substituted by a competent authority for any other sentence imposed on him by such a Court; (d) he has been found guilty of contravention of the Code of Conduct under the Code of Conduct Bureau and Tribunal Act; (e) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria; (f) he is a person employed in the public service of the Federation or of any State, or of any Local Government or Area Council; (g) he has been indicted for embezzlement or fraud by a Board or Judicial Commission of Inquiry or an administrative panel of inquiry set up by the Federal, State or Local Government or by the House in the exercise of its power; and (h) he is a member of a secret society. (2) A person who has served any two terms as Local Government Chairman whether under this Law or any other Local Government Law or Edict or Decree, is disqualified from presenting himself for election as Chairman. (3) A Chairman, Vice-Chairman or any elected member of a Local Government Council who intends to contest as Chairman of the Local Government Council shall resign one month before the said election. (4) Where in respect of any person who has been- (a) adjudged to be a lunatic; or (b) declared to be of unsound mind; or (c) sentenced to death or imprisonment; or (d) adjudged or declared bankrupt an appeal against the decision is pending in a court of law in accordance with a law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when the appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned whichever is earlier. (5) For the purposes of subsection (4) of this section, "appeal" includes any application for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus, or any appeal from any such application. (6) A Chairman shall not hold any other executive office or paid employment in any capacity whatsoever during his tenure of office.

17. Complying with the Code of Conduct Bureau before assuming office as Chairman or Vice Chairman A person elected to the office of Chairman or Vice-Chairman shall not begin to perform the function of that office unless he has declared his assets and liabilities as prescribed by the Code of Conduct Bureau and Tribunal Act and has subsequently taken and subscribed, before the Governor, the Oath of Allegiance and the Oath of Office as prescribed in Schedule 2 to this Law.

18. Candidate for office of Chairman to have a running mate (1) In an election under this Law a candidate for the office of Chairman of a Local Government Council shall not be deemed to have been validly nominated for such office unless, there is another person presented as running mate vying for the office of Vice- Chairman, and that person shall be deemed to have been duly elected to the office of the Vice-Chairman if the candidate with whom he is duly elected as Chairman. (2) Chairman - The provisions of this Law relating to qualifications for election, tenure of office, disqualifications, declaration of assets and liabilities and Oaths of Chairman shall apply in relation to the office of the Vice-Chairman as if references to Chairman were references to Vice Chairman.

19. Tenure of office of Chairman of Local Government Council (1) Subject to the provisions of this Law, a person shall hold the office of Chairman until: (a) his successor in office takes the oath of office; or (b) he dies whilst holding the office; or (c) the date of his resignation from the office takes effect; or (d) he otherwise ceases to hold office in accordance with the provisions of this law; or (e) he becomes a member of a secret society or does any other thing disqualifying him from holding the office of Chairman under this Law. (2) The Secretary of the Local Government Council shall give effect to the provisions of subsection (1) of this section, so however that the Secretary shall first present evidence satisfactory to the Legislative House that any of the provisions of that subsection has become applicable in respect of the Chairman. (3) Where a vacancy occurs in any circumstance mentioned in subsection (1) items (a) to (c), the next public officer in the order of succession in accordance with subsection (4) shall act as Chairman for a period not exceeding 3 months. (4) The following shall be the order of precedence of protocol in the Council: (a) Chairman; (b) Vice- Chairman; (c) Leader of the Legislative House; (d) Deputy Leader of the Legislative House; (e) Supervisory Councillors; (f) Councillors; (g) Secretary to the Local Government Council; (h) Head of Personnel Management; (i) Clerk of the Legislative House; (j) Most senior Head of Department; (k) Other Staff of the Local Government. (5) Subject to the provisions of subsection (1) of this section, the Chairman shall vacate office at the expiration of 3 years commencing from the date- (a) in the case of a person first elected as Chairman under this Law, he took the Oath of Allegiance and the Oath of Office; or (b) the last person elected to that office took the Oath of Allegiance and the Oath of Office or would, but for his death have taken those Oaths.

20. Death of Chairman elect before taking Oath of office (1) If a person duly elected as Chairman dies before taking and subscribing the Oath of Al1egience 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 Legislative House appoint a new Vice - Chairman from among the Councillors. (2) The Electoral Commission shall conduct a bye-election to fill the vacant seat created in the ward from which the new Vice-Chairman has been appointed.

21. Chairman as Chief Executive and Accounting Officer of Local Government Council The Chairman of each Local Government Council shall be the Chief Executive and Accounting Officer of the Local Government, provided that his role as Accounting Officer shall not include signing of vouchers and cheques which shall be signed by the Treasurer and the Head of the Personnel Management Department. The payment vouchers must have attached to them, the written authorization of the competent officer or organ.

22. Chairman to observe Financial Regulations The Chairman as the Chief Executive Officer shall perform the following functions- (a) observe and comply fully with the checks and balances spelt out in the existing guidelines and financial regulations governing receipts and disbursement of public funds and other assets entrusted to his care and shall be liable for any breach thereof; (b) His accountability shall not cease by virtue of his leaving office and may be called upon at any time, even after leaving office to account for his tenure.

23. Auditor-General to carry out periodic audit checks on Local Government The Auditor-General of Local Government shall carry out periodic checks on the books and accounts of Local Government in order to ensure full adherence to Finance (Control and Management) Act 1958 and all amendments and for this purpose, the Chairman shall ensure that- (a) All instructions relating to expenditure of public funds by the Accounting Officer shall be in writing; (b) All Accounting Officers are responsible to account to the Public Accounts Committee for all monies voted for each Department and shall be liable for any pecuniary loss; (c) The Chairman as Chief Executive and Accounting Officer shall render monthly statements of income and expenditure and annual reports to the Legislative House for it to consider and debate in order to ensure accountability, and enforce the performance ethics; (d) the Chairman shall render quarterly returns of the actual income and expenditure of the Local Government to the Ministry, for onward transmission to the House; (e) the Chairman shall ensure the strict observance of the spending limits by all officers of the Local Government; (f) the Chairman shall direct the affairs of the Local Government and shall allocate responsibilities to the Vice Chairman, Supervisors, Supervisory Councillors and the Secretary of the Local Government; (g) the Chairman shall countersign the Annual Performance Evaluation Report of the Head of Department of the Local Government which shall be initiated by the Secretary of the Local Government; (h) the Chairman shall, at least once a year, address the Local Government Council and present to the Council an account of his stewardship, stating clearly his achievements and problems during the year; (i) at the beginning of every year, the Chairman shall present the Council's budget proposal to the Legislative House for approval and copies of the appropriation bye- law shall thereafter, be sent to the House; (j) all correspondence to and from the Local Government shall be in the name of the Chairman provided that the Chairman shall delegate the processing of such correspondence to the Secretary and that no correspondence shall be left unprocessed merely on account of the absence of the Chairman whose attention must be drawn to any correspondence received in his absence as soon as he returns to the office.

24. Chairman to consult The Chairman shall exercise his powers in consultation with the Vice-Chairman, Supervisory Councillors and the Secretary.

25. Exco (1) There shall be established an Executive Committee otherwise known as Exco comprising: (i) Chairman, (ii) Vice Chairman, (iii) Supervisory Councilors, (iv) Secretary. (2) The Chairman shall maintain liaison with the Legislative House and the Leader of the Legislative House in the interest of the Local Government. (3) The Chairman shall hold meetings with members of the Executive Committee at least once a week. (4) The Chairman shall hold regular meetings with the Vice Chairman, supervisory Councillors and Secretary for the purpose of: (a) determining the general direction of the Polices of the Local Government Council; (b) coordinating the activities of the Local Government Council; and (c) generally discharging the executive functions of the Local Government Council. (5) A meeting to which subsection (3) of this section relates shall be held not more than one month from the date of the previous meeting. (6) The Heads of Departments may attend Exco meetings in advisory capacity.

26. Chairman to prepare handover notes at end of tenure At the expiration of his term of office or whenever he ceases to hold the office of Chairman for any reason whatsoever, the Chairman shall prepare a comprehensive handover note for his successor.

27. Parastatal Where a Local Government has established a parastatal, the head of such parastatal shall discharge his duties as prescribed in the terms of reference setting up the parastatal.

28. Handover of authority Vice Chairman (1) The Vice- Chairman shall act for the Chairman in his absence. (2) The Vice-Chairman shall exercise the power of the office whether there is a formal handover of authority or not. (3) It shall amount to an offence punishable by a fine of two hundred and fifty thousand Naira (N250,000.00) upon conviction where a Chairman proceeds on leave or otherwise abandons his duty post for a period of two weeks or more without formally handing over authority to the Vice-Chairman.

29. - The Vice - Chairman may be called upon at any time, even after leaving office, to account for his tenure.

30. Power to place on compulsory leave pending investigation (1) A Local Government Chairman or Vice – Chairman when under inquiry or investigation, shall be placed on compulsory leave by the House of Assembly pending the completion of the inquiry or investigation. (2) Where both Chairman and the Vice-Chairman are placed on compulsory leave by the House pursuant to investigation or enquiry, the provisions of section 19(4) of this Law shall apply.

31. Removal of chairman or vice-chairman (1) A Chairman or Vice-Chairman may be removed from office for misconduct or any breach of the following- (a) false declaration of asset and or liabilities; (b) breach of any provision of this Law that amounts to an offence; and (c) breach of Oath of Allegiance and or Oath of office. (2) Where one or more of the grounds in subsection (1) of this section is raised against a Chairman or Vice Chairman, he may by a resolution supported by simple majority of the elected Councillors in the Council be recommended to the House for removal from office. (3) The House upon receipt of the resolution from the legislative House of the Council shall cause the charges to be investigated by either a standing committee or special committee of the House established for that purpose. (4) Where the charges are established against the Chairman or Vice-Chairman as the case may be, he shall by a simple majority ordered to be removed from office. (5) A Chairman or Vice-Chairman on being removed from office shall cease to act as Chairman or Vice-Chairman as the case may be.

32. Cessation of office of Chairman and Vice-Chairman (1) The Chairman or vice-Chairman shall cease to hold office if: (a) by a resolution passed by two-thirds majority of all the members of Legislative House it is declared that the Chairman or the Vice-Chairman is incapable of discharging the functions of this office; and (b) the declarations verified after such medical examination as may be necessary by a medical panel established under subsection (4) of this section in its report to the Clerk of the Legislative House. (2) Where the medical panel certifies in the report that in its opinion, the Chairman or Vice-Chairman is suffering from such infirmity of body or mind as to render him permanently incapable of discharge the functions of his office, a notice of the medical report signed by the Clerk of the Legislative House shall be published in the Gazette. (3) The Chairman or Vice-Chairman shall cease to hold office from the date of publication of the notice of the medical report pursuant to subsection (2) of this section. (4) The medical panel referred to in this section shall be appointed by the Clerk of the Legislative House and shall comprise three medical practitioners in the State of whom - (a) one shall be a medical practitioner of the choice of the officer concerned; and (b) two shall be other medical practitioners.

33. Vice Chairman to hold office of Chairman in case of death. (1) The Vice-Chairman shall hold the of office of Chairman of the council if the office of the Chairman becomes vacant by reason of death, resignation or removal from office in accordance with section 16 of this Law. (2) Where a vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-Chairman, is also vacant, the Leader of the Legislative House shall hold the office of Chairman for a period of not more than three months, during which there shall be an election of a new Chairman, who shall hold office as provided for in section 19. (3) Where the office of Vice-Chairman becomes vacant: (a) by reason of death, resignation or removal in accordance with section 16 of this Law; or (b) by his assumption of the office of Chairman in accordance with sub-section (1) of this section; or (c) for any other reason; the Chairman shall nominate one of the Councillors and with the approval of a majority of the members of the Legislative House appoint him as the new Vice- Chairman of the Local Government. (4) The Electoral Commission shall conduct a bye-election to fill the vacant seat created in the ward from which the new Vice-chairman has been appointed.

34. Delegation by Chairman of specific Executive responsibilities to Vice- Chairman Supervisory Councillors (1) The Chairman may assign to the Vice Chairman specific responsibilities in respect of the business of the business of the Local Government Council. (2) The Chairman may assign to a supervisory Councillor additional responsibilities outside the one which by rules and convention fall within the portfolio of his supervisory Councillors. (3) The Chairman shall hold regular meetings with the Vice Chairman and all the Supervisory Councillors for the purpose of- (a) determining the general direction of the policies of the Local Government Council; (b) co-ordinating the activities of the Local Government Council; and (c) generally discharging the executive function of the Local Government Council. (4) A meeting to which subsection (3) of this section relates shall be held not more than one month from the date of the previous meeting.

35. Number of Councillors to represent a Ward One councilor shall be elected from each ward of a Local Government Area on a part-time basis subject to the provisions of section 60(2) relating to the appointment of Supervisors from among the Councillors.

36. Qualifications for Councillor to hold office Subject to the provisions of section 35 of this Law, a person shall be qualified to hold the office of a Councillor if he - (a) is a citizen of Nigeria; (b) has attained the age of 25 years; (c) possesses at least the Senior School Certificate level or its equivalent; and (d) is a member of a political party and is sponsored by that political party.

37. Disqualification for Councillors to hold office (1) No person shall be qualified to hold the office of Councillor if- (a) he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or (b) under any law in force in any part of the Federation, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or (c) he is under sentence of death imposed on him by any court of law or tribunal in Nigeria or a sentence of imprisonment for an offence involving dishonesty or fraud (by whatever name called) imposed on him by such a court, or substituted by a competent authority for any other sentence imposed on him by such a Court; or (d) he has been found guilty of contravention of the Code of Conduct under the Code of Conduct Bureau and Tribunal Act; or (e) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Federation; or (f) he is a person employed in the public service of the Federation or of any State, or of any Local Government or Area Council; or (g) he is a member of a secret society; or (h) he has been indicted for embezzlement or fraud by a Board or Judicial Commission of Inquiry or an administrative panel of inquiry set up by the Federal, State, House, or Local Government. (2) Where in respect of any person who has been- (a) adjudged to be a lunatic; or (b) declared to be of unsound mind; or (c) sentenced to death or imprisonment; or (d) adjudged or declared bankrupt; an appeal against the decision is pending in a court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when the appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier. (3) For the purpose of subsection (2) of this section "appeal" inc1udes an application for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus; or an appeal from the application.

38. Declaration of Assets and Liabilities, Oath of allegiance and office (1) A person elected as a Councillor or appointed as a Supervisory Councillor shall, before taking seat or office, declare his assets and liabilities as prescribed in the Code of Conduct Bureau and Tribunal Act and subsequently take and subscribe, before the Chairman of the Local Government Council, the Oath of Allegiance and the Oath of Office prescribed in Schedule 2 of this Law. (2) Any person who is not duly returned as the winner of an election by either Delta State Independent Electoral Commission or a competent court but who is made to wrongfully subscribe to the oath of office of an elected person shall be guilty of an offence punishable upon conviction by a term of 6 months imprisonment. (3) Any person who wrongfully administers oath of office to a person who is not duly returned or declared winner or an election is also guilty of an offence liable upon conviction to 6 months imprisonment with an option of fine.

39. Delegation of assets and liabilities: Oaths of councillors in Schedule 2 (1) A Councillor shall vacate his seat in the Legislative House- (a) on the date his letter of resignation takes effect; or (b) if he becomes President, Vice - President, Governor, deputy Governor or a Minister of the Government of the Federation or a member of National Assembly or State House of Assembly, or a Commissioner of the Government of a State; or (c) being a person whose election was sponsored by a political party he resigns from that party or becomes a member of another political party before the expiration of the period for which he was elected; or (d) if he becomes a member of a secret society or does any other thing disqualifying him from holding the office of Councillor under this Law; or (e) if the Chairman of the Local Government Council receives a certificate under the hand of the Chairman of the Commission stating that the provisions of Section 40 of this Law have been complied with in respect of the recall of that member. (2) The Chairman of the Local Government Council shall give effect to subsection (1) of the section, so however that the Chairman shall first present evidence satisfactory to the Legislative House that any of the provisions of that subsection has become applicable in respect of that member.

40. Recall of member (1) A member of a Legislative House may be recalled if- (a) there is presented to the Chairman of the Electoral Commission a petition in 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 (b) the petition is thereafter approved in a referendum conducted by the Commission within 90 days of the date of the receipt of the petition by a simple majority of the votes of the persons registered to vote in that member's constituency. (2) For the purpose of this section, “member" includes the Chairman and Vice-Chairman.

41. Main Functions (1) Subject to the provisions of the Constitution, the main functions of a Local Government Council shall be as follows- (a) formulation of economic plan and development schemes for a local Government Area; (b) collection of rates and issuance of radio and television licences; (c) establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm; (d) licensing of bicycles, trucks (other than mechanically propelled trucks) canoes, wheel barrows and carts; (e) establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor parks and public conveniences; (f) construction and maintenance of roads, street lightings, drains, parks, gardens, open spaces or such public facilities as may be prescribed from time to time by a Law of the House; (g) naming of roads and streets and numbering of houses; (h) provision and maintenance of public conveniences, sewage and refuse disposal; (i) assessment of privately owned houses or tenement for the purpose of levying such rates as may be prescribed by a Law of the House; (j) control and regulation of; (i) out-door advertising and boarding; (ii) movement and keeping of pets of all descriptions; (iii) shops and kiosks; (iv) restaurant, bakeries and other places for sale of food to the public; (v) laundries; and (vi) licensing, regulation and control of the sale of liquor. (k) removal of broken down or accidented vehicles from the highways; (l) imposition of levy on owners of broken down vehicles abandoned in the roads within the local government area for more than twenty-four hours; (m) removal of human corpses and animal corpses from streets and or roads within the local government to appropriate places designated for such bodies within twenty- four hours.

42. Other Functions The functions of a Local Government Council shall include participation of such Council in the Government of a State as respects the following matters, that is- (a) provision and maintenance of primary, adult and vocational education; (b) development of agriculture and natural resources, other than the exploitation of minerals; (c) provision and maintenance of health services; and (d) such other functions as may be conferred on a Local Government Council by a Law of the House.

43. Power and Composition Legislative House (1) The Legislative powers of the Local Government Council are vested in the Legislative House. (2) Legislative Powers - The Legislative House shall comprise all the elected Councillors including those Councillors serving as Supervisory Councillors.

44. Leader and Deputy Leader of Legislative House (1) There shall be a Leader and Deputy Leader and other Principal Officers of the Legislative House who shall be elected by the Councillors from among themselves. (2) A Leader or Deputy Leader shall vacate office: (a) if he ceases to be a Councillors; (b) when the Legislative House becomes dissolved; (c) if he is removed on ground of misconduct from office by a resolution of the Legislative House supported by not less than two-thirds majority of members; and (d) if he becomes a Supervisory Councillor. (3) The Leader shall preside at the sittings of the Legislative House and in his absence the Deputy Leader.

45. Minimum length of a Legislative year (1) The Legislative House shall sit for a period of not more than 96 (ninety-six) days in a year. (2) No member of the Executive arm, other than the Supervisory Councillors, shall attend sittings of the Legislative House except under summons or by invitation.

46. Quorum of Legislative House The quorum shall be one-third of all the members of the Legislative House.

47. Official language of Legislative House The business of the Legislative House be conducted in English.

48. Voting Any Question proposed for decision in the Legislative House shall be determined by simple majority of votes of the members of the Legislative House except as otherwise provided by this Law.

49. Mode of exercising Legislative power (1) The power of the Legislative House to make bye-laws shall be exercised by draft bye- laws passed by the Legislative House and assented to by the Chairman. (2) A draft bye-law shall not become law unless it has been duly passed, and assented to in accordance with the provisions of this section. (3) Where a draft bye-law is presented to the Chairman for assent, he shall within twenty-one days signify that he assents or that he withholds assent. (4) Where the Chairman withholds his assent and the draft bye-law is again passed by the Legislative House by two-thirds majority of the members, the draft bye-law shall become bye-law.

50. Power of Legislative House to regulate own procedure Subject to the provisions of this Law, a Legislative House shall have power to regulate its own procedure.

51. Mode of executive legislative (1) The powers of the Legislative House to make bye-laws shall be exercised by draft bye-laws passed by the Legislative House and assented to by the Chairman of the Local Government Council. (2) A draft bye-law shall not become a bye-law unless it has been duly passed, and assented to in accordance with the provisions of this section. (3) Where a draft bye-law is presented to the Chairman for assent, he shall within twenty-one days signify that he assents or that he withholds assent. (4) Where the Chairman withholds his assent and the draft bye-law is again passed by the Legislative House by two-third majority the draft bye-law shall become bye-law.

52. Dissolution of Legislative House The Legislative House shall stand dissolved at the expiration of its tenure.

53. Power to appoint Committee There shall be a Clerk of the Legislative House and such other staff as may be prescribed by a by -law passed by the Legislative House or Regulations made by the Service Commission and the method of appointment of the Clerk and other staff shall be as prescribed in such a bye-law or Regulation.

54. Establishment of Consolidated Revenue Fund (1) All revenues or other moneys raised or received by a Local Government Council shall be paid into and form one Consolidated Revenue Fund of the Council. (2) No moneys shall be withdrawn from the Consolidated Revenue Fund of a Local Government Council except to meet expenditure that is charged upon the Fund by this Law or where the issue of those moneys has been authorised by an Appropriation Bye-Law or Supplementary Appropriation By-Law under this Law. (3) No moneys shall be withdrawn from any public fund of the Council, other than the Consolidated Revenue Fund of the Council, unless the issue of those moneys has been authorised by a Bye-law of the Local Government Council. (4) No rate, fees or charges shall be imposed and collected on any subject matter or property over which a Local Government Council is vested with administrative functions by virtue of sections 41 and 42 of this Law unless such a rate, fee or charge is authorised by the Taxes and Levies (Approved List For Collection) Act. 1998 or an existing Law of the State. (5) The Chairman shall cause to be prepared and laid before the Legislative House at any time before the commencement of each financial year estimates of the revenue and expenditure of the Council for the next financial year.

55. - (1) There shall be a cash budget committee comprising the Chairman, Vice – Chairman, Secretary, Supervisory Councillors, Head of Personnel Management and Treasurer which shall sit over the income and expenditure of Council and authorise the release of funds for approved items of expenditure. (2) The minutes of the meeting of the cash budget committee shall be signed by members of the committee for validity.

56. Authorisation of expenditure in default of appropriations If the appropriation draft Bye-Law in respect of any financial year has not been passed into bye-law by the beginning of the financial year, the Chairman may, with the approval of the Legislative House, authorise the withdrawal of moneys from the Consolidated Revenue Fund of the Council for the purpose of meeting expenditure necessary to carry on the services of the Council for a period not exceeding three months or until the coming into operation of the Bye-Law whichever is the earlier: Provided that total withdrawals in respect of any such period shall not exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the Council under the provisions of the Appropriation Bye-Law made by the Legislative House for the corresponding period in the immediately preceding financial year being an amount proportionate to the total amount so authorized in the immediately preceding financial year.

57. Contingencies fund (1) With the prior approval of the Legislative House, a Local Government Council may raise loans or overdraft within Nigeria for such amounts from sources, in manner, upon such conditions and for such purposes in fulfillment for its lawful functions. (2) Any loan raised by virtue of subsection (1) of this section shall be secured upon the property and revenue of the Local Government Council.

58. Approved remuneration of certain office holders (1) There shall be paid to the holders of the offices in the first column below the remuneration and salaries prescribed in the second column- 1st Column 2nd Column Gross emolument not exceeding

1. Leader N100,000.00

2. Deputy Leader N90,000.00

3. Secretary N80,000.00

4. Full Time Supervisory Councillor N90,000.00

5. Part-Time Councillor N90,000.00

6. Special Adviser N30,000.00

7. Special Assistant N25,000.00 (2) The salaries and allowances of the Chairman and Vice Chairman shall be as provided for by the Delta State Remuneration, Salaries and Allowances, Gratuities and Pensions of Public Offices and Bodies Law, 2000. (3) Subject to the approval of the House of Assembly, the Governor shall have power to review the remuneration prescribed above from time to time. (4) The remuneration, salaries and allowances payable to the holders of the offices so mentioned shall be charged upon the Consolidated Revenue Fund of the Council and shall not be altered to their disadvantage after their appointment. (5) The remuneration and salaries including conditions of service of other staff of a Council, shall be as prescribed by the regulation relating to local government service and shall not be altered to their disadvantage after their appointment.

59. Exercise of Executive powers (1) The executive powers of a Local Government vested in the Chairman in section 4(6) of this Law may be exercised by him either directly or through- (a) the Vice-Chairman or Supervisory Councillors of the Local Government Councils; or (b) the Special Adviser or Special Assistant to the Chairman; or (c) any staff in the service of that Local Government; and (d) shall extend to the execution and maintenance of this Law, all bye-laws made by the Local Government Council and to all matters with respect to which the Local Government Council has for the time being power to make bye-laws. (2) The executive powers vested in the Chairman shall not be exercised so as to impede or prejudice the exercise of the executive powers of the Federation or of the State in which the Local Government Area concerned is situate or to endanger any asset or investment of the Government of the Federation or of the State Government in the Local Government Area. (3) The Chairman shall have power to appoint a Special Adviser and not more than two Special Assistants from outside the Local Government Service Commission as personal aides. (4) The Vice-Chairman shall be entitled to appoint one special Assistant as personal aide.

60. Supervisory Councillor (1) There shall be not less than three (3) and not more than six (6) offices of Supervisory Councillors of the Local Government Council, irrespective of the number of departments. (2) The Councillors on being notified by the Chairman of the number of supervisors required shall select from amongst themselves supervisors who shall be presented to the Chairman by the leader for the allotment of portfolios, provided such a selection shall be carried out in such manner as to reflect the geo-political nature of the Local Government Area. (3) The Chairman of a Local Government Council shall hold regular meetings with the Vice-Chairman and all Supervisory Councillors of the Council for the purpose of- (a) determining the general direction of the policies of the Local Government Council; (b) ordinating the activities of the Chairman, the Vice Chairman and the Supervisory Councillors of the Local Government Council in the discharge of their executive responsibilities; and (c) advising the Chairman of his executive functions, other than those functions with respect to which he is required by this Law to seek the advice or act on the recommendation of any other person or body.

61. Approved Departments of local Government. (1) Each Local Government Council shall, for the purpose of effective administration be divided into nine departments as follows: (a) Personnel Management and Administration; (b) Finance and Supplies (Treasury); (c) Works; (d) Primary Health Care; (e) Environment; (f) Agriculture; (g) Education; (h) Community Development; (i) Legal. (2) Head of Department- The department of Primary Health Care, Environment, Agriculture, and Legal shall be headed by a medical officer, qualified environmental health officer, a university degree holder in the field of agriculture and a legal practitioner respectively. (3) In addition to such duties as may be assigned to it by the Executive Committee, the Legal Department is charged with the responsibility of monitoring and studying the complaints lodged by complainants with Police authorities in the Local Government Area with a view to volunteering advice to the Police authorities which may assist in the management of crimes in the Local Government Area. (4) The Council Legal adviser may call for case file and when he so requested, the police authorities shall cause the case file to be duplicated and sent to the legal adviser for appropriate action. (5) The Legal Department shall also be charged with the preparation of contractual agreements for and on behalf of the Council for projects above the value of N2,000,000.00 (Two million naira). (6) A copy of all contract agreements entered into by any Local Government shall be transmitted through the Legal Department to the Auditor-General (Local Government) who shall in turn have access to project sites for the purpose of carrying out project monitoring and evaluation.

62. Secretary of the Local Government (1) The Chairman shall appoint a Secretary of the Local Government Council from the local government area who is a University graduate or its equivalent of not less than ten years post qualification experience subject to confirmation by the Legislative House. (2) The Secretary shall be responsible for the following functions- (a) serve as secretary of the meetings of the Executive Committee of the Local Government and shall maintain the records thereof; (b) co-ordinate the activities of the department of the Local Government Council; (c) on behalf of the Chairman, liaise with the Local Government Legislative House through the Leader of the Legislative House; (d) Liaise with the Secretary to the State Government and other necessary State functionaries on State/Local Government relations; and (e) perform such other duties as may be assigned to him from time to time by the Chairman.

63. Appointment of Staff of Local Government Council (1) There shall be such other officers and staff as may be required by a Local Government Council. (2) Appointment in respect of staff on grade level 06 and below shall be made by the Chairman and such appointment shall be forwarded to the Service Commission for ratification. (3) Appointment of staff on grade level 07 and above shall be made by the Service Commission in consultation with the Chairman of the Local Government Council on necessity basis in each Local Government Council, provided that the percentage from the Local Government Area in the entire staff of each council shall not be less than eighty percent (80%). (4) Appointment of Head of Personnel Management and Treasurer of the Council shall be in line with section 14 (4) of the 1999 Constitution.

64. Other major office of Government Council (1) All Heads of Departments shall remain career officers whose tenure of office, remuneration, functions, responsibilities and conditions of service shall remain as in the Approved Scheme of Service for Local Government Employees. (2) All substantive Heads of Departments are of equal status subject to the provisions of section 19 (4) of this Law.

65. Head of the Personnel Management The Head of the Personnel Management Department, in addition to his other duties shall- (a) sign all cheques, contractual documents and agreements, local purchase orders and other documents relating to procurement and supplies subject to the prior approval of the approving authority; (b) be the Chairman of the Junior Staff Management Committee; (c) assist the Secretary in the execution and review of local government policies; and (d) perform such other duties as may be assigned to him by the Chairman or Secretary of the Local Government Council.

66. Treasurer of Local Government The Treasurer of a Local Government shall, in addition to the duties and functions prescribed for his office in the Approved Scheme of Service for Local Government Employees, perform the following functions, namely to- (a) discharge the duties of chief financial adviser to the local government council in respect of the administration of the Finance and Supplies Department of the Local Government; (b) discharge the duties of Chief Accounts Officer in respect of the receipts of and payment by the Local Government; (c) ensure that the accounting system prescribed in the Financial Memoranda is complied with by all the departments of the Local Government; (d) ensure budgetary control and to supervise the accounts of all the departments of the Local Government; (e) prepare and publish monthly and annual financial statements of the Local Government; (f) sign together with other authorised signatories, all cheques and vouchers; (g) ensure that all instructions relating to the expenditure of public funds are in writing; (h) ensure that all Accounting Officers perform their duties in the awareness of their ultimate responsibility to the Public Accounts Committee for all monies voted for the Local Government; and (i) assist in the preparation of the yearly budget or, supplementary budget of the council; and (j) perform such other duties and functions as may be prescribed by a bye-law of the Legislative House or assigned by the Chairman.

67. Local Government farm project (1) There shall be established by the councils farm projects within their area of influence and jurisdiction. (2) Two percent of the monthly allocation to each council shall be set aside in a special account be known as Farm Projects Account. (3) The funds in the Farm Projects Account shall be used by the Council in establishing farm projects on commercial scale. (4) The signatories to the Farm Project Account shall be the Head of Personnel Management (H.P.M) and the Head of Department (H.O.D) of Agriculture.

68. Establishment of Primary Health Care Authority (1) There shall be established in each Council Primary Health Care Authority composed of the following: (i) Supervisory Councilor of Health-Chairman (ii) Primary Health Care Co-ordinator-Secretary (iii) The most Senior Nurse in the Health Department Member (iv) Two representatives of Ward Health Committees ? Members (2) The Primary Health Care Authority shall be responsible for initiating policies on the following- (a) provision of essential drugs; (b) provision of equipment for health centers; (c) data bank compilation for monitoring and evaluation; (d) control of communicable diseases; (e) immunisation; (f) maternal and child health care; (g) family planning; (h) health education; (i) oral and mental health; (j) treatment and management of minor ailments; (k) care of the elderly; and (l) promotion of proper nutrition.

69. Local Government Executive Committee (1) There shall be a Local Government Executive Committee comprising the Chairman, the Vice - Chairman, the Supervisory Councillors and the Secretary. (2) The Executive Committee shall have "power to recommend disciplinary measures against any staff of the Local Government Council to the Service Commission for misconduct.

70. Declaration of Assets, Oaths of Allegiance and of office by Executive Committee No member of the Executive Committee shall execute the functions assigned to his office until he has taken the oath of office and oath of allegiance and declared his assets.

71. Weekly meeting of Executive Committee The Executive Committee of the Local Government shall meet at least once a week under the Chairmanship of the Chairman.

72. Presentation of Memorandum The Chairman or a Supervisory Councillor in a Local Government may present a memorandum to the Executive Committee of the Local Government on any subject within his area of responsibility. Such a memorandum shall be prepared by the relevant Head of Department and vetted/endorsed by the appropriate Supervisory Councillor.

73. Clarification on issues by Head of Department A Head of Department may be called in when the Executive Committee is considering issues relating to his department, to make clarifications on any issue, purely in an advisory capacity.

74. Standing Committee (1) An Executive Committee may set up standing committees and ad-hoc committees to handle specific assignments, provided that any committee set up, for the collection of rates, levies and other revenues dues to the local government council shall comprise only council staff. (2) Any council official who authorises any person or group of persons who is not a council staff to engage in the collection of levy, rate or fee of any kind on behalf of council in violation of the provision of section 74 (1) shall be guilty of an offence and be liable upon conviction to a fine of N100,000.00 (One hundred thousand Naira). (3) Any person who is not a council staff but who parades himself as such and attempts to collect levy, rate or fee on behalf of a Council shall be guilty of an offence and liable upon conviction to a term of six months imprisonment without option of fine. (4) The standing committee shall include the Peace and Security Committee, the Police/Community Relations Committee, and the Cash Budget Committee. (5) Peace and Security Committee- The Peace and Security Committee shall be composed as follow- (i) the local government Chairman as Chairman; (ii) the most senior Divisional Police Officer in the Local Government Area as Deputy Chairman; (iii) the Chairman of the Traditional Council in the Local Government Area; (iv) a representative of the Army Unit in the Local Government Area where applicable; (v) a representative of the Naval Unit in the Local Government Area where applicable; (vi) a representative of the Air-Force Unit in the Local Government Area where applicable; (vii) two community leaders, one of whom shall be a non-indigene of the Local Government Area; (viii) two religious leaders appointed by the Local Government Chairman: (ix) a representative of women's organisations in the Local Government Area; (x) two representatives of youths; (xi) The head of the Council legal department. (6) The Secretary of the Local Government shall act as Secretary of the Committee; (7) The Peace and Security Committee shall meet regularly. The regularity of the meeting shall be determined in such a manner that its input will be readily available to the meetings of the State Security committee. (8) The Committee shall review the security situation in the local government area and offer suggestions to arrest unpleasant situations or avert similar occurrences in the future. (9) The Committee shall assess the reactions of the people on government policies and programmes with a view to offering suggestions for modification. (10) Police/Community Relations Committee - The Police/Community Relations Committee shall be composed as follows: (i) The Local Government Vice-Chairman as Chairman; (ii) The Chairman of the Traditional Council or his representative; (iii) The most Senior Police Officer in the Local Government Area; (iv) A representative of the local branch of the Christian Association of Nigeria; (v) The head of the Council legal department. (11) The functions of the Police/Community Relations Committee shall be as follows: (a) regular assessment of the performance of the Nigeria Police Force in their task of maintaining law and order in the local government area; (b) proffering advice and suggestions on ways and areas of improvement in respect of the performance of Police duties in the Local Government; (c) assisting to promote close rapport between the Police and communities in the Local Government Area with a view to enhancing the image of the Police; and (d) serve as a platform for the provision of useful information to the Police to assist it in the performance of its duties. (12) The cash Budget Committee shall be composed as follows: (i) the Chairman; (ii) the Vice-Chairman; (iii) the Supervisory Councillors; (iv) the Secretary of the Local Government; (v) the Head of Personnel Management; and (vi) the Treasurer of the Local Government; (13) The function of the cash budget Committee shall be to ensure that all items of expenditure are tied to a subhead based upon approved expenditure estimates. (14) The minutes of meetings of the cash budget committee shall be signed by members in attendance for validity.

75. Spending limits for Chairman (1) The spending limits for Chairman of a Local Government Council without recourse to the Executive Committee shall be N100,000.00 provided the monthly cumulative approvals shall not exceed the sum on N500,000.00. (2) The Executive Committee shall have the power only to approve and execute projects which are properly budgeted for in the appropriation instrument of the Council. (3) Any authorisation/approval of the Executive Committee for validity shall be supported by minutes of such meeting where the approval was given, properly signed by members of the Executive Committee. (4) The Executive Committee through the Chairman shall furnish the Government and the House of Assembly with monthly returns of income and capital expenditure before the end of the second week of every new month. (5) The Executive Committee shall adhere to the provisions of the financial memoranda as they relate to the control of expenditure as well as contracts, purchases, payments and personal advances in the application of council funds. (6) Except with the prior approval of the Governor, no funds of the Council shall be applied for security matters in any month other than the N250,000.00 (Two hundred and fifty thousand Naira) approved as security vote for the Chairman. (7) Any violation of the provisions of this section by any person or group of persons amounts to an offence punishable on conviction with three months imprisonment with an option of fine.

76. Unified Local Government Service There shall be a Unified Local Government Service in the State.

77. - (1) Subject to the provisions of subsection (2) of this section, the right of a person in the service of Local Government to receive pension or gratuity shall be regulated by law. (2) A benefit to which a person is entitled in accordance with or under a Law as is referred to in subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under a Law, including the Code of Conduct under the Code of Conduct Bureau and Tribunal Act. (3) A pension received in respect of service in the service of the Local Government shall not be taxed.

78. In Service Seminar and Workshops (1) No officer on grade level 07 and above shall attend seminars, workshops, or conferences more than two times in one year. (2) The Chairman, the Executive Committee members and the Legislative House members shall not attend seminars, workshops, or conferences more than two times in one year. (3) one percent of Councils allocations from the federation account shall be deducted and credited to the account of the Commission as training funds. (4) Any person who withholds funds mentioned in subsection (3) above from being credited into the appropriate accounts shall be guilty of an offence and liable upon conviction to six months imprisonment with an option of fine. (5) The Service Commission shall be financially responsible for the training of its staff from the training fund while the Ministry charged with matters relating to local government and chieftaincy affairs shall be responsible for the training of the elected/appointed public officeholders.

79. Application of Code of Conduct to person in service A person in the service of a Local Government shall observe and conform to the Code of Conduct under the Code of Conduct Bureau and Tribunal Act.

80. Establishment of Local Government Service Commission (1) There shall be established for the State a Local Government Service Commission (in this Law referred to as "the Service Commission"). (2) The Service Commission shall have an Establishment Matters Unit which shall be charged with the administration of matters relating to staff recruitment and utilisation. (3) The Establishment Matters Unit shall evaluate staffing proposals received by the Service Commission from the Local Government Council based upon their approved budget estimates from year to year and prepare reports for the consideration and approval of the Ministry.

81. Composition of Commission (1) The Service Commission shall comprise the Chairman and three members appointed from the three Senatorial Districts who shall in the opinion of the Governor of the State be persons of unquestionable integrity. (2) The Chairman and the members of the Commission shall be nominated by the Governor of the State and their appointment shall be subject to confirmation by the House. (3) Membership of the Commission shall be full-time.

82. Power of Service Commission in respect of its office (1) The Service Commission shall, without prejudice to the power vested in the Governor, the State Judicial Service Commission the State Civil Service Commission, have power to- (a) appoint persons to the offices in the Local Government Service on grade level 07 and above; and (b) dismiss and exercise disciplinary control over persons holding offices in the Local Government Service. (2) The Service Commission shall maintain a comprehensive seniority list of staff and nominal roll for the Local Government Councils. (3) The Service Commission shall- (a) assume responsibility for manpower planning, development and training for al1 categories of staff of the Commission; (b) serve as appellate body for all petition arising the from the Local Government Councils in respect of appointments, promotions and discipline. (4) The Service Commission shall monitor the activities of staff of Local Government Councils of the State in performance of their duties.

83. Tenure of office of members A person who is a member of the Commission shall hold office for four years with effect from the date of his appointment.

84. Annual Financial Report As soon as possible, but not exceeding two calendar months27 immediately after the end of every financial year, the Service Commission shall submit to the Governor's office and the House of Assembly a report on the performance of its functions during the immediate preceding year.

85. Pensions and Gratuities The Service of the Local Government shall be pensionable and the staff shall be entitled to pensions, gratuities and other retiring benefits on the same terms as are applicable to the State Civil Service. The Local Government Councils of the State shall be responsible for the payment of these retiring benefits.

86. Vacation of office A member shall vacate his office if- (a) he resigns his office by notice of resignation under his hand addressed to the Governor; (b) he is removed from office by the Governor, for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for gross misconduct with the concurrence of two-third votes of members of the House.

87. Independence of the Commission In exercising its power to make appointment or to exercise disciplinary control over persons, the Service Commission shall not be subject to the direction or control of any other authority.

88. Commission’s Procedure The Service Commission may prescribe the procedure for the conduct of its meeting.

89. Meeting of Commission and Quorum (1) At any meeting of the Commission, the Chairman shall preside and in his absence the members present shall appoint one of their members to be the Chairman for that meeting. (2) The quorum for a meeting of the Commission shall be one-third of the total number of members at the date of the meeting. (3) The Commission shall meet as and when the need arises, provided that the Commission shall meet at least once in every month.

90. Validity of Proceedings The validity of any proceedings of the Commission shall not be affected by any vacancy among the members, or any defect in the appointment of any member, or by reason that a person who is not a member has taken part in such proceedings.

91. Ministry of Local Government There shall be a Ministry of Local Government which shall co ordinate the affairs of, and exercise supervisory powers over the Local Government Councils.

92. Auditor-General (Local Governments) (1) There shall be an Auditor-General for the Local Governments of the State who shall be appointed by the Governor of the State subject to confirmation by the House. (2) The accounts of Local Government Councils and of all offices of Local Governments shall be audited annually by the Auditor General who shall submit his report to the House. (3) For the purpose of subsection (2) of this section, the Auditor-General or any person authorised by him in that behalf shall have access to all books, records, returns and other documents relating to those accounts.

93. Appointment of Auditor-General for Local Government in State and Audit of Public Accounts of Local Government (1) The power to appoint person to act in the Office of the Auditor-General for Local Governments in the State shall be vested in the Governor. (2) Except with the prior approval by way of resolution of the House of Assembly of the State, no person shall act in the Office of the Auditor-General for Local Governments for a period exceeding six months. (3) A person holding the Office of the Auditor-General for Local Governments in the State shall be removed from office by the Governor of the State acting on an address supported by two-thirds 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). (4) Within three months after 31st December in each year or a longer period as the House of Assembly may by resolution appoint, the Chairmen of Local Governments in the State shall transmit to the Auditor-General for Local Governments, annual statement of Accounts showing the financial position of each Local Government on the said 31st day of December which shall include: (i) statement of responsibility for financial statement to be signed by the Chairman, Head of Personnel Management and the Treasurer; (ii) cash flow statement; (iii) statement of assets and liabilities; (iv) statement of Consolidated Revenue Fund; and (v) notes to the Accounts. (5) The Auditor-General for Local Governments shall within one hundred and twenty-one days of receipt of Local Government Annual Financial Statements submit his report to the House of Assembly and the House shall cause the report to be considered by a committee of the House responsible for public accounts. (6) Upon consideration of the Auditor-Generals' report, the House may serve a formal notice of indictment as in Form A to schedule 7 on any person found to have contravened the provisions of the Local Government Law or any relevant financial memoranda. (7) Where the indictment concerns a political office holder, a notice of recovery of misapplied or unaccounted funds as in Form B to schedule 7 shall be endorsed by the secretary to the Public Accounts Committee and sent to the affected officer. (8) Where the House after its investigation disagrees with the queries raised by the Auditor-General in his report under consideration, a certificate of clearance as in Form C to Schedule 7 shall be issued and served on both the Auditor-General and the officers cleared. (9) The certificate of clearance shall have the effect of nullifying the queries raised by the Auditor-General and such queries shall be deemed closed.

94. Fees for Audited Accounts Any Local Government Council whose accounts have been audited under this Law shall, in respect of such audit, pay such fees as may be charged by the Auditor-General and such fees shall be credited to the Public Revenues of the State. Where it is found that any Local Government Council is unable to prepare its accounts, the Auditor-General may authorise a firm of consultants, to prepare the accounts, provided a professional accountancy fee shall be charged on the Local Government Council concerned. However, if a firm of consultants or accountants are authorised by the Auditor-General, the accountancy fees paid by the Local Government Council shall be surcharged against the officer(s) whose duty it is to prepare the accounts.

95. Duties of the Auditor-General (1) It shall be the duty of the Auditor-General at every audit held by him - (a) to disallow any item of account which is contrary to law or the Financial Memoranda or is unsupported by proper records or accounts which he considers unreasonable; (b) to surcharge the amount of any expenditure disallowed upon the person responsible for incurring or authorising the expenditure; (c) to surcharge any sum which has not been duly brought into account upon the person by whom that sum ought to have been brought into account; (d) to surcharge the amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred; (e) to certify the amount due from any person upon whom he has made a surcharge; and (f) to certify at the conclusion of the audit, his allowance of the account subject to any disallowance or surcharge which he may have made. (2) It is hereby declared for the avoidance of doubt that in subsection (1) of this section, the word "person" includes - (a) any employee or former employee of a Local Government Council; (b) any person who, though not an employee of a Local Government Council, holds or formerly held an office the emolument attached to which is or was paid wholly or partly from the revenue or other funds of a Local Government Council; (c) any Chairman or other member or former Chairman or other member of a Local Government Councilor committee of management appointed for the Council. Notwithstanding any of the provisions of the last preceding section, no liability to surcharge shall be incurred by an employee of a Local Government Council who can prove to the satisfaction of the Auditor General that he acted in pursuance of, and in accordance with, the terms of a resolution of the Local Government Council or of a committee duly appointed by the council, or on the written instructions or any employee of the Local Government Council to whose orders, in relation to the matter in question, he was subject.

96. Power of the Auditor-General to take evidence and to Summon witnesses (1) For the purpose of any examination under the provisions of this Part, the Auditor- General may take evidence and examine witness upon oath or affirmation (which oath or affirmation the auditor is hereby empowered to administer), and may, by summons under his hand, require all such persons as he may think fit, to appear personally before him at a time and place to be stated in such summons and to produce all such books and papers, including the minutes of the proceedings of the Councillor of any committee thereof, as he may consider necessary for such examination. (2) Every sum certified by the Auditor-General to be due from any person shall be paid by that person to the treasury of the Local Government council concerned, within sixty days after it has been so certified, or if an appeal with respect to that sum has been made, within thirty days after the appeal is finally disposed of or abandoned whether or not by reason of the non-prosecution thereof. (3) Any sum which is certified by the Auditor-General to be due and has become payable shall be recoverable as a civil debt. (4) In any proceedings for the recovery of such a sum, a certificate signed by the Auditor General shall be conclusive evidence of the facts certified, and a certificate signed by the Secretary to the Local Government Council concerned or any employee whose duty it is to keep the accounts that the sum certified to be due has not been paid to him sha1l be conclusive evidence of non-payment unless it is proved that the sum certified to be due has been paid since the date of the certificate. (5) Any person who is aggrieved by a decision of the Auditor-General on any matter with respect to which he made an objection in the audit and any person aggrieved by a disallowance or surcharge made by the Auditor-General may, where the disallowance or surcharge or other decision relates to an amount not exceeding N10,000.00, appeal to the House of Assembly and may in any other case appeal to the High Court. Provided that any appeal under this section shall be lodged by the person aggrieved by the decision disallowance or surcharge, within a period of thirty days of the decision or disa1lowance or of the making of the surcharge as the case may be. (6) The High Court or the House of Assembly as the case may be on such appeals shall have power to confirm, vary or quash the decision of the Auditor-General and to remit the case to the Auditor-General with such directions as the High Court or the House of Assembly thinks fit for giving effect to the decision on appeal. (7) Notwithstanding the provision of subsection (3) of this section it shall amount to an offence punishable by summary trial for any person to expend council fund other than the way it is prescribed in this Law and the Financial Memoranda.

97. Conduct of Local Government Election Subject to the provisions of any Act made by the National Assembly on procedure for elections, the conduct of Local Government elections shall be under the direction and supervision of the Electoral Commission in accordance with the provisions of this Law.

98. Designation of polling units of election The Electoral Commission, may designate such public buildings as it may deem appropriate for use as polling stations or units in addition to those erected by the Commission.

99. Persons eligible to vote at Election (1) A person shall be eligible to vote in a Local Government election if- (a) he is a citizen of Nigeria and has attained the age of eighteen years; (b) he is ordinarily resident in the ward or Local Government Area for a period of not less than twelve months prior to the date of election, or is an indigene of the ward or Local Government Area; and (c) he is registered as a voter in the ward or Local Government Area and subject to subsection (2) of this section, has obtained a registration card to be presented at the polling station or unit on the day of the election. (2) Where a person claims that his name is on the register of voters for the polling unit but that his registration card is missing or has been destroyed presiding officer shall if- (a) the name of the person is found in the register of voters for the polling station or unit; and (b) he satisfies himself that the person has not voted earlier in that particular election, allow the person to vote.

100. Qualification of persons seeking to contest election (1) A person shall not be qualified as a candidate to contest local government election unless- (a) he is ordinarily resident' in the ward or constituency in which he is contesting an election or is an indigene of that ward or constituency; (b) he produces evidence of tax payments as and when due for a period of three years immediately preceding the year of the election; (c) in the case of a candidate contesting as a Councillor, he has been nominated by ten registered voters in his ward or constituency; (d) in the case of a candidate contesting as a Chairman, he has: (i) been nominated by five registered voters in each of at least two-thirds of the wards in the Local Government Area; and (ii) made a deposit of N50,000.00 to the Commission; (e) in the case of a candidate contesting as a Councillor, be has made a deposit of N30,000.00 to the Commission; (f) he has not been dismissed from the public service of the Federation or a State or Local Government or Area Council or from an employment in the private sector; (g) he has not been found guilty of an offence involving narcotic drugs or other psychotropic substances under a law in force in Nigeria or elsewhere; he is a registered voter in the ward or constituency in which he intends to contest the election; and (h) he has not been adjudged guilty of economic sabotage against Nigeria, or of treason or treasonable felony, or of disruption of public peace or security of Nigeria or any part thereof by any court of law or tribunal; (i) he is sponsored by a political party. (2) Where a person seeking to contest as a candidate is involved in a case that may lead to his being disqualified under this Law, and the case is pending before a court or tribunal, he may stand as a candidate in the election pending the determination of the case, but if he is found guilty by the court or tribunal, as the case may be, he shall- (a) withdraw from the election; and (b) if already elected, cease to be a Councillor, Chairman or Vice-Chairman, as the case may be.

101. Residency fixes the purpose of voting For the purpose of this Law a person shall be deemed to be ordinarily resident in that place where he normally lives, sleeps and has his usual abode, whether or not he is an indigene of that place. For the avoidance of doubt a person who is ordinarily resident in a place outside his indigenous Local Government Area or outside his State of origin shall be eligible to vote in a place if he has been so ordinarily resident.

102. Campaign Guidelines Candidates and their parties shall campaign for the elections in such manner and in accordance with such guidelines as the Commission may, from time to time determine.

103. Same day election Election to all the Local Government Councils shall be held on the same day throughout the state.

104. Appointment and supervision of office (1) Voting shall be carried out in one and the same day throughout the State. (2) Voting shall be by open secret ballot.

105. Election Procedure Rules The provisions set out in Schedule 3 to this Law shall have effect with respect to the appointment and supervision of officers and the other matter contained therein. [Schedule 4]

106. Breach of Official Duty The rules of the procedure to be adopted at the election shall be as set out in Schedule 4 to this Law.

107. Breaches of official duty (1) If a person- (a) to whom this section applies: or (b) who is for the time being under a duty to discharge any of the functions of that person. is without reasonable cause, guilty of any act of omission in breach of his official duty, he is guilty of an offence and liable on summary conviction to a fine not exceeding N5,000.00 or to imprisonment for 3 years or to both such fine and imprisonment. (2) The persons to whom this section applies are: (i) an Electoral Office and Assistant Electoral Officer; (ii) a Presiding Officer; (iii) a Returning Officer and an Assistant Returning Officer; (iv) a Polling Clerk; (v) an Orderly; and (vi) any other officer appointed under paragraph 4 of Schedule 3 to this Law; (vii) candidates and their privies.

108. - (1) A person to whom this section applies, who is for the time being under a duty to discharge a function relating to an election, if he without reasonable cause, before or during an election or at any time thereafter- (a) fails to perform or discharge that duty; or (b) perform that duty fraudulently, negligently or recklessly; or (c) is guilty of any act or omission in breach of that duty; (d) shall be guilty of an offence and liable on conviction to a fine of N5,000.00 or imprisonment to a term of 3 years or to both such fine and imprisonment. (2) The persons to whom this section applies are: (a) Police officers; (b) members of the State Security Service; (c) Officials and members of staff of the Electoral Commission; (d) polling agents; (e) any other officer or officers by whatsoever name called appointed to discharge a function relating to the election.

109. Secrecy of voting to be maintained (1) Every Electoral Officer, Assistant Electoral Officer, Returning Officer, Assistant Returning officer, Presiding Officer, Poll Clerk, Poll Orderly or any other Officer appointed under paragraph 4 of Schedule 3 of this law concerned in the conduct of an election and every polling agent or candidate in attendance at a polling station or unit, at the counting of votes, shall maintain and aid in maintaining the secrecy of the voting. (2) No officer, agent or candidate referred to in subsection (1) of his section shall, except for some purpose authorised by law, communicate to a person before the poll is closed, an information as to the name or number on the register of voters of a voter who has voted at the place of voting. (3) No persons shall - (a) interfere with a voter when recording his vote unless invited by the voter for assistance; or (b) otherwise obtain or attempt to obtain, in place of voting, information as to the candidate for whom a voter in that place is about to vote or has voted unless while assisting the voter to record his vote; or (c) communicate to a person information obtained while assisting a voter as to the candidate for whom the voter has voted or is about to vote; or (d) communicate at any time to any person any information obtained in place of voting through whatever means as to the candidate for whom a voter in that place is about to vote or had voted. (4) A person who contravenes any of the provisions of this section is guilty of an offence and liable, on conviction to a fine not exceeding N2,000.00 or imprisonment.

110. Corrupt Practice (1) A candidate is guilty of corrupt Practice if he commits any of the offences defined as a corrupt practice under subsection (3) of this section or if any of those offences is committed with- (a) his knowledge or consent; or (b) the knowledge or consent of a person who is acting under the general or special authority of the candidate with reference to the election. (2) If a corrupt practice as defined in subsection (3) of this section is committed by any candidate at an election held under this Law, the election of that candidate shall be invalid. (3) The expression corrupt practice as used in this Law means any of the following offences, that is: (a) Personation; or (b) Treating; or (c) Undue influence; or (d) Bribery; or (e) Aiding, abetting, counseling or procuring the commission of any of the offences specified in paragraphs (a) to (d) of this subsection.

111. Personation (1) A person who at an election - (a) applies for a ballot paper in the name of some other person, whether that name is the name of a person living or dead, or of a fictitious persons; or (b) having voted once at an election, applies at the same election or a ballot paper in his own name or in the name of any other person, living or dead or of a fictitious person, is guilty of the offence of personation. (2) A person who at an election – (a) votes in the name of some other person, whether that name be the name of a person living or dead, or of a fictitious person; or (b) having voted once at an election; votes a second time in his own name, or in the name of any other person living or dead or of a fictitious person, is guilty of the offence of personation. (3) A person who is guilty of personation or aiding, abetting, counselling or procuring the commission of the offence of personation, is liable on conviction to a fine not exceeding N2,000.00 or imprisonment for a term not exceeding one year or to both such imprisonment and fine. (4) A person charged with the offences of personation shall not be convicted except on the evidence of not less than two witnesses.

112. Treatment (1) A person who corruptly by himself or by any other person, either before during or alter an election, directly or indirectly or provide, or pays wholly or in part, the expense of giving or providing food, drinks, entertainment or provisions to or for any person - (a) for the purpose of corruptly influencing that person, or any other person to vote or refrain from voting; or (b) on account of that person or any other person, having voted or refrained from voting at the election is guilty of treating. (2) A voter who corruptly accepts or takes any food, drinks, entertainment or provisions to which subsection (1) of this section relates at an election is guilty of treating.

113. Undue influence A person who- (a) directly or indirectly, by himself or by other person on his behalf - (i) makes use of or threatens to make use of any force, violence, or restraint; or (ii) inflicts or threatens to make use of any force, violence, or restraint; or (b) inflicts or threatens to inflict by himself or by any other person, any temporal or spiritual injury, damages, harm or loss, on or against a person in order to induce or compel a person to vote or refrain from voting, or on account of that person having voted or refrained from voting: or (c) by abduction, inducement, or a fraudulent device or contrivance impedes or prevents the free use of the vote by a voter or thereby compels, induces, or prevails on a voter to give or refrain from giving his vote at an election, is guilty of undue influence.

114. Bribery (1) A person who - (a) directly or indirectly by himself or by any other person or on his behalf – (i) gives, lends or agrees to give or lend, or offers or promises to procure or to endeavor to procure, any money or valuable consideration to or for any voter, or to or for any person, in order to induce the voter to vote or refrain from voting, or (ii) corruptly does an act referred to in sub-paragraph (i) of this paragraph on account of that voter having voted or refrained from voting, or (b) directly or indirectly by himself or by any other person on his behalf :- (i) gives or procures, or promises to procure or to endeavour to procure, any office, place, employment to or for a voter or to or for a person, in order to induce, the voter to vote or refrain from voting, or. (ii) does any act referred to in sub-paragraph (1) of this paragraph on account of a voter having voted or refrained from voting; or (c) directly or indirectly by himself or by any other person on his behalf, makes any gift, loan, offer, promise, procurement or agreement to or for any person or community in order to induce a person or community to procure or to endeavour to procure the return of a person as a member of a Local Government Council or the vote or a voter; or (d) in consequence of any gift, loan, offer, promise, procurement or agreement, procures or engages or promises or endeavours to procure, the return of any person as a member of a Local Government Council or the vote of a voter; or (e) advances or pays, or causes to be advanced or paid any money to or for use of a person with the intent that the money or any part thereof, shall be expended in bribery; or (f) knowingly pays or causes to be paid, any money to a person, in discharge or repayment of any money wholly or in part expended in bribery; (g) after an election, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration or account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting; at an election is guilty of bribery. (2) A voter who, before or during an election, directly or indirectly by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place, or employment, for himself or for any other person, for voting or agreeing to vote or for refraining from voting at an election is guilty of bribery. (3) The provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bona fide incurred at or concerning an election.

115. Penalties. (1) A person who is guilty of corrupt practices, personation, treating undue influences or bribery, or of aiding; bribery, abetting, counselling or procuring the commission of any of these offences or any offence under this Law is liable on conviction to a fine not exceeding N1,000 or imprisonment for a terms not exceeding one year or to both such fine and imprisonment. (2) A person who is guilty of personation, corrupt practices, treating, undue influence or bribery or of aiding, abetting, counselling or procuring or procuring the commission of any of these offences shall, in addition to any other punishment, not be eligible, during a period of five years from the date of his conviction to be- (a) registered as a voter or to vote at any Local Government election in the State, or (b) elected as a member of a Local Government Council or if elected before his conviction, to retain his seat.

116. Offences in respect of nomination papers, Ballot papers (1) A person who - (a) Forges or fraudulently defaces or fraudulently destroys a nomination paper, or delivers to the officer charged with the conduct of an election, a nomination paper, knowing the same to be forged; or (b) forges or counterfeits or fraudulently destroys a ballot paper or the official mark on a ballot paper or a statement of result; or (c) without due authority, supplies a ballot paper to a person; or (d) fraudulently puts into a ballot box a paper which he is not authorised by law to put in; or (e) fraudulently takes out of the polling station or unit a ballot paper; or (f) without due authority, destroys, takes or otherwise interferes with a ballot or ballot papers then in use for purpose of an election, is guilty of an offence. (2) A person who is found guilty of an offence under this section is liable on conviction to a fine of N2,000 or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment. (3) An attempt to commit an offence specified in this section shall be punished in the same manner in which the offence itself is punishable. (4) In a prosecution for an offence in relation to nomination paper, ballot box, ballot paper or the marking instruments as an instrument shall be stated to be that of the officer charged with the conduct of the election.

117. Offences in Respect of Voting A person who - (a) votes or induces or procures any person to vote at an election knowing that he or that person is prohibited by this Law or by any other law, from voting at the elections, or (b) before or during the election, knowingly or recklessly publishes a false statement of the withdrawal of a candidate, at the election for the purpose of promoting or procuring the election of another candidate; is guilty of an offence and liable on conviction to a fine of N2,000 or imprisonment or a term of one year or to both such fine and imprisonment.

118. Voting by unregistered persons A person who wilfully votes at a Local Government election in a ward or constituency in respect of which his name does not appear on the Register of voters is guilty of an offence and liable on conviction to a fine of N2, 000 or imprisonment for a term not exceeding one year or to both such fine and imprisonment.

119. Fraudulent use of Ballot papers (1) A person who, having been issued with a ballot paper in a polling station or unit, takes or attempts to take that ballot paper out of the polling station or unit is guilty of an offence and liable on conviction to a fine of N1,000 or imprisonment for a term of six months or to both such fine and imprisonment. (2) A person who, at an election, brings into a polling station or unit a ballot paper relating to the election issued to another person is guilty of an offence and liable on conviction to a fine of N2,000 or imprisonment for a term of one year or to both such imprisonment and fine. (3) For the purpose of sections 106 and 107 of this Law the expression “refrain from voting” includes taking a ballot paper out of a polling station or unit contrary to subsection (1) of this section. (4) If the Presiding Officer in a polling station or unit has reason to suspect that a person who has been issued with a ballot paper and is about to leave a polling station or unit has the ballot paper in his possession, the Presiding Officer or a person acting under his directions may search that person.

120. Offences in respect of statement of result. A person who, being a Presiding Officer at an election - (a) gives a certificate or statement of result which, to his knowledge, is false in a material particular; or (b) perversely and without lawful excuse, refuses to render a statement of result relating to that election to the officer to whom it is required to be delivered; or (c) does anything that impedes or obstructs the proper counting or obtaining of the correct result of the election, is guilty of an offence and shall be liable on conviction to a fine of N5,000 or imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

121. Disqualification on conviction. A person who is convicted of an offence under sections 103, 104, 105, 106, and 107 of this Law shall, in addition to any other punishment, not be eligible, during the period of three years after the date of his conviction to- (a) vote at any Local Government election in the State; or (b) be elected as a member of a Local Government Council or if elected before his conviction, to retain his seat.

122. Disorderly conduct election A person who, at any polling station or unit or place being used for the counting of votes, acts or incites others to act in a disorderly manner is guilty of an offence and liable on conviction to a fine not exceeding N2,000 or imprisonment for a term not exceeding one year or to both such fine and imprisonment.

123. Polling day offences (1) No person shall, on the date or dates on which a poll is taken in an election in respect of a Local Government - (a) convene, hold or attend a public meeting in that Local Government Area; or (b) operate any megaphone, amplifier or any other public address apparatus in that Local Government Area for the purpose of making announcement concerning the election, except where the apparatus is operated by an officer, appointed under this Law for the purpose of making official announcement relating to the election. (2) No person shall, on the date or dates on which a poll is to be taken at a polling station or unit - (a) canvass for votes; or (b) solicit the vote of a voter; or (c) persuade a voter not to vote for a particular candidate; or (d) persuade a voter not to vote at the election; or (e) shout, exhibit or tender a notice, sign, symbol, slogan badge, photographs or party card referring to the election; or (f) shout slogans concerning the election. within the polling station or unit or in a public or private place within a distance of two hundred meters of the polling station or unit. (3) No candidate or any other person, with the connivance of a candidate, shall, whether on payment or otherwise, use, hire or procure any vessel or vehicle for the Conveyance of a voter, other than the candidate himself or his agent, to or from a polling station or unit. (4) No person shall bring alcoholic liquor into or consume alcoholic liquor in a polling station or unit or to a place being used for the counting of votes. (5) A person who contravenes the provisions of subsections (1), (2), (3) or (4) of this section is guilty of an offence and liable on conviction to a fine of N1,000.00 or imprisonment for a term of one year or to both such fine and imprisonment.

124. Offences in respect of counting votes A candidate or an agent who records the serial number of a rejected ballot paper or of a ballot paper in contravention of the provisions of paragraph 32 (2) of Schedule 4 to this Law is guilty of an offence and liable on conviction to a fine not exceeding N1,000.00 or imprisonment for a term not exceeding one year or to both such fine and imprisonment.

125. Disturbance at public meetings A person who at a lawful public meeting to which this Law applies - (a) acts or incites another person to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called; or (b) has in his possession an offensive weapon35 or missile, is guilty of an offence and liable on conviction to a fine of N1,000.00 or imprisonment for a term of six months or to both such fine and imprisonment.

126. Conviction of disqualifying offence to be reported, etc. Where a person is convicted of an offence under this Part of this Laws which disqualifies him from being elected as a member of a Local Government Council, the Court by which he was convicted shall send to the Commission the judgment of the State Court and where the person convicted has appealed, the court which heard the appeal shall within 3 months send the judgment of the appeal to the Commission.

127. Punishment for attempts to commit offences An attempt or a conspiracy to commit an offence specified in this Law shall be punishable in the same manner as the offence.

128. Trial of offences (1) An offence committed under this Part of this Law shall be triable in a Magistrate’s Court of the State. (2) A prosecution under this Part of this Law shall be undertaken by the Attorney- General of the State in which the offence is committed or by such officer in the Ministry of Justice of that State or by an officer of the Nigeria Police Force.

129. Establishment Election tribunal (1) There shall be established in the State at least six and at most nine Election Tribunals to be known as Local Government Election Tribunals (in this Law referred to individually as an “Election Tribunal”) which shall to the exclusion of any other Tribunal or Court, have original jurisdiction to hear and determine- (a) election petitions as to whether a person has been validly elected as Chairman or Councillor of a Local Government Council; (b) any question as to whether the term of office of any persons as Chairman of a Local Government Council has ceased; (c) a question as to whether an election petition is proper or improper before the Election Tribunal. (2) An Election Tribunal shall consist of a Chairman and two other members, all of whom shall be persons of unquestionable integrity who have not been involved in party politics. (3) Composition of Election Tribunal - The Chairman shall be a person who has held office or is qualified to hold office of a Judge of a High Court and of the two other members- (a) one shall be a legal practitioner who has been so qualified for a period of not less than 12 years; and (b) the other shall be a non-member of the legal profession. (4) The Chairman and other members shall be appointed by the Chief Judge of the State.

130. Election petition (1) No Local Government election and no return to Local Government shall be questioned except by a petition complaining of an undue election or undue return (in this Law, referred to as an “election petition”) presented to the election tribunal in accordance with the provisions of this part of this law. (2) An election petition shall be presented within one month from the date on which the election is held.

131. Presentation of Election Petition (1) An election petition may be presented by one or more of the following persons- (a) person claiming to have a right to be elected or returned at the election; or (b) a person alleged to have been a candidate at the election. (2) The person whose election or return is complained of is in this Law referred to as the respondent, but if the petition complains of the conduct of an Electoral Officer, a Presiding Officer or a Returning Officer, the Electoral Officer, Presiding Officer or Returning Officer shall for the purpose of this Law be deemed to be a respondent and shall be joined in the election petition.

132. Grounds on which election may be questioned (1) An election may be questioned on the following grounds – (a) that the person whose election is questioned was at the time of the election not qualified or was disqualified from being elected as a member of a Local Government Council; or (b) that the election was voided by corrupt practices, irregularities or offences against this Law; or (c) that the respondent was not duly elected by a majority of valid or lawful votes cast at the election; or (d) that the petitioner was validly nominated but was unlawfully excluded from the election. (2) An act or omission which is contrary to an instruction or direction of the Electoral Commission or of an officer appointed for the purpose of the election but which is not contrary to this Law shall not of itself be a ground record on which the election may be questioned. (3) Where a political party has presented more than one candidate for a particular ward or constituency, the decision of the commission is one of those candidates to contest the election shall be final, and shall not be reviewed by any Court of or an election Tribunal.

133. Power of Tribunal to nullify Election (1) Subject to subsection (2) of this section, if the Tribunal determines that a candidate returned as elected was not duly elected on any ground, the Tribunal shall nullify the election. (2) If the Tribunal determines that a candidate returned as elected was not duly elected on the ground that he did not score the majority of lawful votes cast at the election, then the election tribunal shall declare as elected the candidate who scored the majority of lawful votes cast at the election. (3) In this section, “Tribunal” means an Election Tribunal or an Election Appeal Tribunal.

134. Candidate returned to hold office until disposal of appeal. If the Election tribunal determines that a candidate returned as elected was not duly elected, then if notice of appeal against that decision is given within 14 days from the date of the decision, the candidate returned shall, notwithstanding the contrary decision of the Election Tribunal, be deemed duly returned pending the determination of the appeal or the lapsing of the appeal, whichever first happens.

135. Rules of procedure for Election Petition and Appeals The rules of procedure to be adopted for election petitions and appeals arising out of the petitions shall be those set out in Schedule 5 to the Law.

136. Voter not to be compelled to disclose election Subject to the provision of this Law, no person who has voted at an election held under this Law shall, in any legal proceedings arising out of the election, be required to state for whom he voted.

137. Postponement of election. (1) Where a date has been appointed for the holding of an election and there is reason to apprehend that a serious breach of the peace is likely to occur if the election is proceeded with on that date, the holding of the election may be postponed by the Electoral Commission until some other convenient date to be appointed by it. (2) Where an election is postponed before the last day for the delivery of nomination papers, the Electoral Officer shall on a new date being appointed for the election proceed in all respects as if that date were the date referred to in paragraph 1 of Schedule 4 to this Law as the date for the holding of the election. (3) Where an election is postponed under this Law on or after the last day for the delivery of the nomination papers and a poll has to be taken between the candidates then nominated, the Electoral Officer shall, on a new date being appointed for the election, proceed as if the date appointed were the date for taking of the poll between those candidates. (4) An election postponed under this section may in like manner be further postponed.

138. Custody and inspection of documents (1) The Electoral Officer shall retain for six months all documents relating to an election forwarded to him in accordance with this Law and shall then, unless - (a) otherwise ordered by the court or Election Tribunal; or (b) he is aware that legal proceedings are pending in respect of the election, cause them to be destroyed. (2) An order for an inspection of a poling document or any other material in the custody of an Electoral Officer may be made by the Court if it is satisfied that the order required is for the purpose of instituting or maintaining an election petition. (3) An order for the opening of a polling document or any other material for inspection may be made by the court in the course of proceedings in an election petition. (4) An order under this section may be made subject to such conditions as the court may think expedient. (5) A document, other than a document referred to in subsection, (2) of this section relating to an election and which is retained by the Electoral Officer in accordance with subsection (1) of this section, shall be open to inspection on an order made by a court in exercise of its powers to compel the production of documents in legal proceedings, but shall not otherwise be open to inspection.

139. Remuneration for election officers (1) The Electoral Commission may prescribe - (a) a scale of remuneration for officers appointed under this Law for the conduct of elections; and (b) a scale of maximum charges in respect of other expenses incurred by an Electoral Officer, a Presiding Officer or a Returning Officer in connection with the conduct of election, and may revise the scales as it thinks fit. (2) An Electoral Officer, a Presiding Officer or a Returning Officer shall, in addition to any remuneration prescribed under paragraph (a) of sub-section (1) of this section, be entitled to such sums in respect of expenses, not exceeding the prescribed scale in connection with the conduct of an election as are reasonable.

140. Validation of orders, notices, etc Notwithstanding any defect or error in any order, notice, form or document previously made or given or other thing whatsoever done in pursuance of the provisions of this Law such order, notice, form or document is hereby validate for all purposes with effect from the date on which it was made, given or done.

141. Repeal of Law No.3 of 1999 and other Local Government Laws The Local Government Law 1999, all amendments thereof and any other law on establishment, structure, composition, finance and functions of local government councils, in the State are hereby repealed.

142. Power of electoral omission to adapt to Form in Schedule 6. The forms set out in Schedule 6 to this Law may with such modifications as the Electoral Commission may think expedient, be used for the purposes of Local Government elections with respect to the matters contained therein. Schedule 1 DELTA STATE LOCAL GOVERNMENT LAW [Sections 5 and 6] Local Government Areas and Councils of Delta State of Nigeria Local Government Areas Councils Headquarters of Local Government Areas Aniocha North Issele-Uku Aniocha South Ogwashi-Uku Bomadi Bomadi Burutu Burutu Ethiope East Isiokolo Ethiope West Oghara Town Ika North East Owa-Oyibu Ika South Agbor Isoko North Ozoro Isoko South Oleh Ndokwu East Aboh Ndokwu West Kwale Okpe Orerokpe Oshimili North Akwukwu -Igbo Oshimili South Asaba Patani Patani Sapele Sapele Udu Otor-Udu Ughelli North Ughelli Otu Ughelli South Jeremi Town Ukwuani Obiaruku Uvwie Effurun Warri North Koko Warri South Warri Warri South West Ogbe-Ijoh Schedule 2 DELTA STATE LOCAL GOVERNMENT LAW [Sections 17 and 38] OATH OATH OF ALLEGIANCE I.... do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria and that I will preserve and defend the Law, including the Constitution of the Federal Republic of Nigeria. So help me God. Oath of Office of Chairman/Vice Chairman/ Leader/Deputy Leader/Councillor/Supervisory Councillor of a Local Government Council I... do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria, that as the Chairman/ViceChairman/Leader/Deputy- Leader/Councillor/Supervisory Councillor of ... Local Government Council, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that will give to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will exercise the authority vested in me as Chairman/Vice-Chairman/Leader Deputy Leader/Councillor/Supervisory Councillor so as not to impede or prejudice the authority lawfully vested in the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria and Governor of Delta State of Nigeria and so as not to endanger the continuance of Federal Government of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions: but I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Code of Conduct Bureau and Tribunal Act; that in all circumstances, I will do right to all manner of people according to law without fear or favour, affection or ill-will; that I will not directed or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Chairman/Vice-Chairman/Leader/Deputy Leader/Councillor/Supervisory Councillor of .... Local Government Council except as may be required for the due discharge of my duties as Chairman/ViceChairman/Leader/Deputy Leader/Councillor/Supervisory Councillor; and that I will devote myself to the service and well-being of the people of Nigeria. So help me God. Schedule 3 DELTA STATE LOCAL GOVERNMENT LAW [Sections 5] APPOINTMENT AND SUPERVISION OF OFFICER Appointment of Electoral Officer Appointment of Electoral Officer

1. (1) For each Local Government Area or there shall be an electoral Officer who shall be appointed by the Electoral Commission. (2) An Electoral Officer may be appointed by name or by reference to an office, and shall hold office until his appointment is revoked. (3) Appointment of other officers for the Conduct of Election. - The Electoral Commission may, in any case it considers expedient, appoint more than one Electoral Officer for a Local Government Area or an Area Council and shall specify the part of the Local Government Area or Area Council for which each electoral officer is responsible and, in relation to that part of the Local Government Area or area Council, the Electoral Officer shall have and exercise the functions of an electoral Officer. (4) A person may be appointed Electoral Officer of more than one Local Government Area or Area Council.

2. (1) The Election Commission may appoint a person to be Assistant Electoral Officer for the conduct of an election or a Local Government Council or Area Council and a person so appointed shall in respect of that election have the functions imposed or conferred by this Law on the Electoral Officer as the Commission may determine. (2) The Electoral Commission shall for the purpose of an election appoint such Returning Officer, Presiding Officers and such other officers as are required to be appointed under this law in each Local government area or Area Council. (3) A person appointed as an Assistant Returning Officer under the provisions this paragraph shall have the functions imposed or conferred by this Law on a returning officer. (4) A person may be appointed as a Returning Officer of one or more Local Government Area or Area Councils. (5) For an election, the Electoral Officer or the Assistant Electoral Officer may be appointed to act as a Returning Officer. Supervision of other officers by Electoral Officer

3. An Electoral Officer shall exercise supervision over acts of officers as are appointed under paragraph 4 of this schedule in his Local Government Area or Area Council and may, subject to this Law or any instructions issued by the Electoral Commission, give directions to such officers with regard to the performance of their functions: Appointment of officer to exercise supervisory functions over conduct of elections.

4. The Electoral Commission may appoint, in respect of an area of a State, an officer or officers (by whatever name called) to exercise supervisory functions, under the directions of the Electoral Officer, over the conduct of an election or of elections generally, and that officer shall have such powers and duties as shall be determined by the Electoral Commission. Electoral Officer to conduct election.

5. (1) Subject to the provisions of this Law, the conduct of an election under this Law shall be vested in the Electoral Officer under the general supervision of the Electoral Commission. (2) The Electoral Officer may - (a) require information from an officer appointed under this Schedule with respect to a matter relating to the functions of that officer under this Law; (b) subject to the provisions of this Law, issue instructions to those officers with respect to the performance of their functions under this Law. (3) An officer appointed under this Schedule shall comply with the requirements and instructions of the Electoral Officer under this paragraph. Disqualification from Membership of Local Government Council, etc

6. (1) A person who by reason of his holding or acting in an officer has a responsibility for, or connection with the conduct of an election to a Local Government Council or Area Council shall be disqualified from membership of the Local Government Council or Area Council and from nomination as a candidate therefore while he holds or acts in that office. (2) No official or staff of the Electoral Commission shall contest or vote at an election. Schedule 4 DELTA STATE LOCAL GOVERNMENT LAW [Sections 106] PROCEDURE AT ELECTIONS Notice of Election. l. (1) Not less than 21 days before the date of the election, the Electoral Commission shall publish a notice - (a) stating the date of the election; and (b) appointing the place at which nomination papers are to be delivered. (2) The notice shall be published in each ward or constituency in respect of which an election is to be held. List Screening clearance etc, of Candidate DSCF 001

2. (1) Every political party shall on such day as may be specified by the Electoral Commission before the date appointed for the election, deliver to the Electoral Commission- [Schedule 6] (a) in Form DSCF 001 set out in Schedule 6 to this Law, the personal particulars of their candidates for the election as supplied by the candidates; and (b) in Form DSCF 002 set out in Schedule 6 to this Law, lists of all the candidates the political party proposes to sponsor at the election in each Local Government Area. (2) The Electoral Commission shall, not later than 21 days after receipt of the lists, referred to in subparagraph (1) (b) of this paragraph, deliver to the political party - (a) in Form D.S.C. F. 003 set out in Schedule 6 to this Law, a list of the candidates who are adjudged qualified to contest the election; and (b) where applicable, in Form DSCF 004 set out in schedule 6 to this Law, a separate list of the candidates rejected the Electoral Commission. (3) Where a candidate is rejected, the Electoral Commission shall afford the political party concerned an opportunity, subject to the other provisions of is Law, of substituting another candidate for the candidate so rejected. (4) The screening, clearance, qualification and disqualification of candidates for an election shall be undertaken on behalf of the Commission by the State clearance committee constituted by the Electoral Commission. (5) Clearance Appeal Committee and Sub-Committee - Any question, issue or appeal arising from screening, clearance, qualification or disqualification or a candidate by the State Clearance Committee in respect of an election under this law shall be dealt with by the Electoral Commission. (6) The Electoral Commission shall have the power to ratify the final list of candidates for the election and its decision in respect of any question, issue or appeal arising from the screening, clearance, qualification or disqualification by the State Clearance Committee of a candidate in respect of an election shall be binding. (7) An appeal to the Electoral Commission again the rejection of a candidate shall be in Form DSCF 005 set or put in Schedule 6 to this Law. [Form DSCF 005 Schedule 6] (8) If after 21 days from the date a political party delivered the list of its candidates of the Electoral Commission as required under sub-paragraph (2) of this paragraph, the political party has not been informed of the disqualification of any of is candidates, all the candidates on the lists shall be deemed qualified or cleared to contest the elections. Nomination of Candidates

3. (1) Each candidate for the post of - (a) a Councillor shall be nominated in writing by 10 persons whose names appear on the register of voters for the ward in respect of which an election is to be held, and (b) a Chairman shall be nominated by 10 persons whose name appear on the register of voters in each of at least two-thirds of the wards in the Local Government Area in respect of which the election is to be held. (2) The nomination may be as in Form DSEC 4F or 4G set out in Schedule 6 of this Law and shall be subscribed by the candidates and by the persons nominating him and contain the following particulars - [Forms DSEC 4F or 4G Schedule 6] (a) the name, address and occupation of the candidate; (b) the names, addresses and occupation of the nominators of the candidates; and (c) a certification by the candidate that he is willing and qualified to stand for the election. (3) The Electoral Officer or Assistant Electoral Officer shall provide nomination paper and shall supply a candidate with such number of nomination papers as he may required, and may at the request of the candidate, all his nominators, being present, complete the nomination papers on behalf of the candidate. (4) Each candidate or one of the persons nominating him shall deliver his nomination paper subscribed as in sub-paragraph (2) of this paragraph at the place appointed by the Electoral Officer under paragraph 1 of this Schedule not later than 5 o'clock in the afternoon of the fourteenth day before the election. (5) Election and Return or Deposits - No person shall subscribe as a nominator to more. than one nomination paper at the same election and, if he does, his signature shall be invalid, so however, that no account shall be taken of the nomination of a candidate who has died before or withdrawn or whose nomination has not been accepted as valid before the delivery of the second nomination paper. (6) No person who has subscribed a nomination paper as a nominator may, so long as the candidate stands nominated, withdraw his nomination. (7) A candidate for an election who so desires may deliver along with the nomination paper such number of posters containing his photograph and symbols of the political party sponsoring him, but the duty of pasting a candidate's poster or photograph at the polling station or unit and other places shall be that of the candidate or his agents. Election and return of deposits

4. (1) Every candidate shall, before his nomination paper is delivered to the Electoral Officer, deposit or cause to be deposited with the Electoral Commission the sum specified in section 52 of this Law and shall, at the time of the delivery of his nomination paper, produce to the Electoral Officer the official receipt for the sum. (2) No nomination shall be valid unless the specified sum is deposited and the receipt for the sum produced in the manner required by sub-paragraph (1) of this paragraph. (3) The sum deposit shall be returned to the candidate or his personal representatives if - (a) the nomination of the candidate is invalid for any reason other than that a nomination form was delivered by him or on his behalf in more than one ward or constituency, as the case maybe; or (b) the candidate dies before the date of election, or (c) there is no contested election; or (d) a contested election is declared void; or (e) in a contested election, the candidate is successful or obtains not less than one-half of the total number of voters cast for the winning candidate. (4) A deposit which is not refundable shall be retained by the Electoral Commissions as revenue. Validity of Nomination

5. (1) When a nomination paper is delivered and a deposit is made in accordance with this Law, the candidates shall be deemed to stand nominated, unless and until - (a) the Electoral Officer decides that the nomination paper invalid; or (b) proof is given to the satisfaction of the Electoral Officer of the candidate's death; or (c) he withdraws his candidature or dies as specified in paragraph 7 or 8 of this Schedule. (2) The Electoral Officer shall be entitled to hold the nomination paper invalid only on one or more of the following grounds - (a) that particulars of the candidate or his nominators are not as required by law; or (b) that the nomination paper is not signed as required by law; or (c) that the candidate had been in more than one ward or constituency, as the case may be; or (d) that among the nominators of the candidate one or more of them are not persons whose names appear on the register of voters in respect of the appropriate ward or constituency; or (e) that the candidate is disqualified under the provision of section 15, 17, 26, 28, or 62. (3) The Electoral Officer's decision that the nomination of a candidate is invalid shall be binding. (4) Whenever the Electoral Officer decides that a candidate has not been validly nominated, he shall endorse and sign on the nomination paper the fact and reasons for his decision, and that decision shall only be subject to review by an Election Tribunal as provided for in this Law. (5) The Electoral Officer shall, within 48 hours of the receipt of a nomination paper, communicate in writing in Form DSEC 5 set out in Schedule 6 to this Law to the candidate or to one of the persons nominating the candidate or by pasting at the notice board at the Electoral Commission's office, his decision as to the validity or otherwise of the nomination. [Form DSEC 5 Schedule 6] (6) A candidate whose first nomination paper is adjudged to be invalid by the Electoral Officer shall be permitted to submit a second nomination paper within a specified time. Publication of statement of persons nominated

6. The Electoral Officer shall, not later than 9 days before the day of election, publish by displaying it or causing it to be displayed at the place or places appointed for the delivery of nomination paper and in such other matter as he may think fit, a statement of the full names of all candidates standing nominated and of the persons nominating them with their respective addresses and occupations. Withdrawal of candidates

7. A candidate may withdraw his candidature by notice in writing signed by him, and delivered by himself, or by one of the persons nominating him to the Electoral Officer not later than one o'clock in the afternoon of the fourteenth with day before the election. Death of sole candidature

8. If after the latest time for the delivery of nomination papers and before the commencement of the poll, a nominated sole candidate dies, the Electoral Officer shall on being satisfied of the fact of the death, countermand the poll and appoint some other convenient date for the election. Invalidity of double nomination

9. If a nomination form signed by a candidate and by the persons nominating him is lodged in, more than one ward or constituency, his candidature shall be void in each ward or constituency. Extension of time for nomination and uncontested election of chairman

10. (1) If at the close of the nomination in an election to the office of Chairman - (a) only one candidate has been nominated, the Electoral Commission shall extend the time fixed for nomination; or (b) a candidate is the only candidate by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidate, the Electoral Commission shall extend the time for nomination by 7 days, so however that where after the extension only one candidate remains nominated there shall be no further extension. (2) If after the latest time for the delivery of nomination papers, the withdrawal of candidates and the extension of time as provided in sub-paragraph (1) (a) and (b) of this section for election to the office of Chairman, only one candidate remains duly nominated, that candidate-shall be declared returned unopposed. Contested election of chairman

11. (1) A candidate for an election to the office of the Chairman shall be deemed to have been duly elected where, there being only two candidate for the election- (a) he has a majority of the votes cast at the election; and (b) he has not less than one quarter of the votes cast at the election in each of at least two-thirds of all the wards in the Local Government Area. (2) A candidate for an election to the Office of Chairman shall be deemed to have been duly elected where, there being more than two candidates for the election - (a) he has the highest number of votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all wards in the Local Government Area as the case may be. (3) If no candidate is duly elected in accordance with sub-paragraph (2) of this paragraph, there shall be a second election in accordance with sub-paragraph (4) of this paragraph at which the only candidates shall be - (a) the candidate who scored the highest number of votes at the election held under sub- paragraph (2) of this paragraph; and (b) the candidate who has the majority of votes in the highest numbers of wards, so however that where there are chore than one candidate, the one among them with the highest number of votes cast at election, shall be the second candidate for the election. (4) The Electoral Commission shall, within 30 days of the result of the election in which no candidate is duly elected under sub-paragraph (2) of this paragraph, arrange for another election between the two candidates shown in sub-paragraph (3) of this paragraph and a candidate shall be deemed duly elected if - (a) he has a majority of the votes cast at the election; and (b) he has not less than one-quarter of the votes at the election in each of at least two- thirds of the wards in the Local Government Area. (5) If no candidate is duly elected under sub-paragraph (4) of this paragraph, the Electoral Commission shall, within 7 days of the result of the election, arrange for another election between the two candidates shown in sub-paragraph (3) of this paragraph, and a candidate at this last election shall be deemed duly elected if he scores the majority of votes cast at the election. (6) For the purpose of an election under this paragraph, a Local Government Area shall be regarded as one constituency. Uncontested election of Councillor

12. If after the latest time for the delivery of nomination papers and the withdrawal of candidate for an election to the office of Councillor only one candidate remains duly nominated, that candidate shall be declared returned unopposed. Contested Election of Councillor

13. If after the latest time for the delivery of nomination papers and for withdrawal of candidates for an election to the office of Councillors, more than one person remains validly nominated, a poll shall be taken in accordance with the provisions of this Schedule. Issue of certificate of return to persons returned unopposed.

14. Where a candidate is declared elected unopposed, a certificate of return shall be issued to him by the Electoral Commission and the return shall be published along with the returns of other successful candidates at the election. Lack of nominated Candidate

15. Where no candidate remains nominated in any ward or constituency on the date appointed for the election, the Electoral Commission shall fix another date for the election. Ascertainment of result of poll

16. The result of the poll shall be ascertained by counting the votes cast for each candidate at the election. Arrangement for contested Elections

17. (1) For every contested election under this Law, a poll shall be taken and a Presiding Officer appointed by the Electoral Commission shall be in charge of each polling station or unit. Schedule 3 (2) The Electoral Commission shall - (a) appoint sufficient number of polling stations or unit in each ward or constituency in respect of which a poll is to be taken and allot the voters of the wards or constituencies to the polling stations or unit; (b) assign, in respect of each polling station or unit to assist at the taking of the poll, Poll Clerks and Orderlies appointed by the Electoral Commission. (c) ensure that in each polling station or unit there is a compartment in which voter can record their votes in secret; (d) furnish each Presiding Officer with such ballot boxes or other containers and ballot paper as may be required for the poll; (e) provide each polling station with pens, ink pads, ink appropriate register of voters and such other things as may he required for the poll: and (f) do such other acts and things as may be necessary for conducting the election in the manner prescribed by this Law. (3) The Electoral Commission shall - (a) appoint polling station or units in respect of each ward of constituency in which the election is to be held; and (b) allot voters of the ward or constituency to the appropriate polling station or unit in a way that no voter shall be made to travel an unreasonable long distance to cast his vote Form of ballot paper

18. Every Ballot Paper shall - (a) be a printed paper on which the symbol adopted by the political party and duly registered as prescribed by law shall be clearly set out and have a blank space at the right side of the symbol on which a thumb impression can conveniently be made; (b) have a serial number printed or stamped on its back; (c) be attached to a counterfoil bearing the same serial number as is printed or stamped on its back: Polling Agent

19. (1) Each candidate may appoint one person (in this Schedule referred to as "Polling Agent") to attend at each polling station or unit in the area for which he is a candidate for the purpose of detecting personation. (2) Notice in writing of the appointment of Polling Agents stating their names and addresses and the polling stations or units to which they have been assigned shall be given by the candidate to the Electoral Officer not later than 2 days before the day fixed for the election. (3) If a Polling Agent dies or becomes incapable of acting as a Polling Agent, the candidate may appoint another Polling Agent in his place, and shall forthwith give to the Electoral Officer notice in writing of the name and address of the Polling Agent so appointed. Notice of poll

20. (1) The Electoral Officer shall on or before the sixth day before the day of an election, cause to be published in every ward or constituency in which the election is to be held, in such manner as he may think fit; a notice specifying - (a) the day and the hour fixed for the poll; (b) the full names, arranged in alphabetical order of their surname, place of residence and occupation of each candidate remaining nominated; and (c) the location of the polling station or unit in the ward or constituency and an indication of the persons entitled to vote at the polling station or unit. (2) The hours fixed for the taking of the poll shall be a continuous period as may be determined by the Electoral Commission. Ballot Boxes

21. The Presiding Office shall cause to be placed in the polling station or unit ballot boxes which shall be so constructed that the ballot papers can be put in them by the voter but cannot be withdrawn by him. Sealing of Ballot Boxes

22. Immediately before the commencement of the voting, the Presiding Officer at the polling station or unit shall show the ballot boxes empty to such persons as may lawfully be present so that they may see that they are empty and shall then close and seal the ballot boxes in such manner as to prevent their being opened without breaking the seal. Conduct of poll

23. (1) The voting at an election shall be conducted in the following manner, that is - (a) every voter desiring to record his vote shall present himself to a Poll Clerk at the polling station or unit a which he is entitled to vote and the Poll Clerk shall after satisfying himself that the voter- (i) is a person whose name appears on the register of voters provided for the polling station, and (ii) has not already voted deliver to him ballot papers; (b) before delivering the ballot papers to a voter, the Presiding Officer may require the voter to submit to being searched by the Presiding Officer or a person directed by him for the purpose of ensuring that a ballot paper relating to the elections not in his possession and a voter who refuses to submit to a search shall not be entitled to receive the ballot papers; (c) a female voter shall not be searched except by a female person; (d) for the purpose of satisfying the Poll Clerk as to his entitlement to vote, a voter shall produce to the Poll Clerk a registration card issued to the voter during registration of voters carried out by the Electoral Commission; (e) immediately before the Poll Clerk deliver the ballot papers to a voter - (i) the ballot papers shall be punched or stamped with an official stamp provided. (ii) the number, name, address and occupation of the voter as stated at the copy of the register of voters or part of the register of voters, shall be called out. (iii) the number of the voter in the register of voters shall be marked on the counterfoil, and (iv) a mark shall be placed against the number of the voter in the copy of the register of voters or part of the register of voters, to denote the ballot papers have been received by the voter but without showing the serial numbers of the ballot papers which have been received; (f) a Poll Clerk may, and if required by a candidate or a Polling Agent shall, put to any person applying for ballot papers at the time of his application, but not afterwards, the following questions or either of them- (a) "Are you the person whose name is on the register of the voters as follows" (b) "Have you already voted at the present election at this or any other polling station or unit" (g) a voter shall, on receiving the ballot papers, go immediately into the screened compartment in the polling station or unit and there secretly record his vote by placing his thumbprint against the symbol of the, candidate of his choice;. (h) a voter shall, after recording his votes, come out of the screened compartment and put the ballot papers in the ballot box in full view of the Presiding Officer and all others present; (i) a voter shall not record more than on vote in favour of a candidate or place on a ballot paper any writing or mark by which he may be identified; (j) a voter who defaces a ballot paper issued to him shall deliver the defaced ballot paper to the Presiding Officer who shall promptly mark the ball at paper as cancelled and issue another ballot to the voter; (k) immediately after recording his vote, a voter shall submit to having the finger nail of his left thumb marked with ink sufficiently indelible to leave a mark for a period of approximately ten hours; (l) a voter who suffers from blindness or from any other physical disability may be accompanied by such friend or relative as he may choose who shall, after informing the Presiding Officer, be permitted in the presence of the voter alone to place the voter's thumbprint against the voter's candidate of choice. (2) A vote shall not be recorded by a voter except by his attending in person at the polling station and recording his vote in accordance with thus paragraph. Voter not permitted to vote in polling station not allocated to him.

24. (1) No voter shall be permitted to vote at a polling station or unit other than the one to which he is allotted. (2) The Presiding Officer shall regulate the admission of voters to the polling station or unit, and shall exclude all other persons except candidates, Polling Agents, Polling Officers and other persons who in his opinion have lawful reason to be admitted. Personation by applicant for ballot paper.

25. (1) If at the time a person applies for a ballot paper, or after he has so applied and before he has left the polling Station, a Polling Agent declares to the Presiding Officer that he has reasonable cause to believe that the person has committed the offence of impersonation and undertakes to substantiate the charge in a court of law, the Presiding Officer may order a police officer to arrest that person, and the Presiding Officer's order shall be sufficient authority for the police officer so to do. (2) A person in respect of whom a Polling Agent makes a declaration in accordance with the provisions of sub-paragraph (1) of this paragraph shall not, by reason of the declaration, be prevented from voting but the Presiding Officer shall cause the words "protested against for impersonation" to be placed against his name in the marked copy of the register of voters or part of the register of voters. (3) Where a person against whose name the words specified in sub-paragraph (2) of this paragraph are placed admits to the Presiding Officer that he is not the person be held himself out to be, shall not be permitted to vote if he has not already voted, and if he has already voted, the Presiding Officer shall make a note of number of the ballot paper delivered to him and, on the count being taken that ballot paper shall be invalid. (4) A person arrested under the provisions of this paragraph shall be deemed to be a person taken into custody by a police officer for an offence in respect of which he may be arrested without warrant. Tendered ballot paper

26. (1) If a person presenting himself to be a voter named in the register of voters applies for a ballot paper after another voter has voted as that person, the person shall, on giving satisfactory answers to the questions set out in paragraph 23 (1) (f) of this Schedule, be entitled if he wishes, to receive a ballot paper in the same manner as any other voter. (2) A ballot paper received under sub-paragraph (1) of this paragraph [in this paragraph referred to as a "tendered ballot paper"] shall, instead of being put into a ballot box - (a) be given to the Presiding Officer and endorsed by him with the name of the voter and his number in the register of voter: and (b) set aside in one of a number of separator packers; each of which shall correspond to and bear the same mark as one of the ballot boxes provided in accordance with paragraph 21 of this Schedule and shall not be counted by the Presiding Officer. (3) The name of the voter and his number on the register of voters shall be entered on a list to be called the tendered voters list, and this list shall be admissible in any legal proceeding arising out of the election. Conduct in the polling station

27. (1) The Presiding Officer shall ensure compliance with the provisions of this Law at the polling station or unit. (2) If a person misconducts himself in a polling station or unit, or fails to obey a lawful order of the Presiding Officer, the Presiding Officer may order the person to removed from the polling station or unit by any police, or by any other person authorised in writing by the Presiding Officer in that behalf. (3) A person so removed shall not, without the permission of the Presiding Officer, again enter the polling station or unit during the day of the election and if charged with the commission of an offence in that station the person shall be deemed to be a person taken into custody by a police officer for an offence in respect of which he may be arrested without warrant. (4) The provisions of sub-paragraph (3) of this paragraph shall not be enforced so as to prevent a voter who is otherwise entitled to vote at a polling station or unit from having an opportunity of so voting. Appointment of poll in case of riot

28. (1) When the proceedings at a polling station or unit are interrupted or obstructed by riot or violence, the presiding Officer may adjourn the proceedings till the following day and shall forthwith give notice of the adjournment to the Electoral Officer. (2) When the poll is adjourned at a polling station or unit- (a) the hours of polling on the day to which it is adjourned shall be the same as for the original day; and (b) reference in this Schedule to the close of the poll shall be construed accordingly. Closing of poll

29. When the prescribed hour for the closing of the poll has been reached the Presiding Officer shall declare the poll closed and no more persons shall be admitted to the polling station or unit, but those persons already inside the polling station or unit shall be permitted to vote. Counting of votes

30. (1) The Presiding Officer shall, after the close of poll, open the ballot box and empty its contents in the presence of the Polling Clerk, Poll Orderly, candidates or their agents and begin to count the votes with the ballot papers kept face upwards. (2) During the counting of votes all rejected ballot papers shall be kept in a special envelope. (3) The votes scored by each candidate shall be entered in a statement of result form as in Form DSEC 6A or DSEC 6A (1) set out in Schedule 6 to this Law which shall be signed and stamped by the Presiding Officer and endorsed by the candidates or their agents, where available, at the polling station or unit. (4) The Presiding Officer shall give a copy of the statement of result form to the police officer, if any, at the polling station or unit and take the original copy to the Returning Officer at the Ward Collation Centre together with the ballot boxes, the relevant envelopes and all other election materials including the stamp, stamp pad and endorsing ink. (5) The result of the Councillorship election shall at the Ward Collation Centre be entered in Form DSEC. 6B (1) set out in Schedule 6 to this Law and announced by the ward Returning officer. [Form DSEC 6B (1) Schedule 6] (6) The result of Chairmanship election shall at the Ward Collation Centre be entered in Form DSEC 6B set out in Schedule 6 to this Law by the Ward Returning Officer and taken to the Local Government Collation Centre. [Form DSEC 6B Schedule 6] (7) The result of the Chairmanship election shall at the Local Government Collation Centre be entered in Form DSEC 6C set out in the Schedule 6 to this Law and announced by the Returning Officer. [Form DSEC 6C. Schedule 6] (8) Subject to sub-paragraph (9) of this paragraph, a ballot paper which does not bear the official mark shall not be counted- (9) If the Returning Officer is satisfied that a ballot paper which does not bear the official mark was from a book of ballot papers which was furnished to the Presiding Officer of the polling station or unit in which the vote was cast for use at the election in question, he shall notwithstanding the absent of the official mark, count that ballot paper. Endorsement by Presiding Officer

31. (1) The Presiding Officer shall endorse the word "rejected" on a ballot rejected under the provisions of paragraph 30 of this Schedule and that ballot paper shall not be counted. (2) If an objection to the decision of the Presiding Officer is made by a candidate or his agent, the Presiding Officer shall add to the endorsement the words "rejection objected to" Statement of rejected ballot papers.

32. (1) The Presiding Officer shall prepare a statement showing the number of ballot papers rejected and shall on request allow a candidate or his agent to copy the statement. (2) No candidate or his agent shall record the serial number of a rejected ballot paper which he sees during counting. Returning Officer's decision

33. The decision of the Returning officer to a question arising in respect of a ballot paper shall be final, and shall be subject to review only on an election petition questioning the election. Recount

34. A candidate or his agent may, if present when the counting or a recount of the votes recounted, but the Presiding Officer may refuse to do so if in his opinion the request is unreasonable. Equality of votes

35. When there is an equality of votes between candidates so that the addition of a vote would entitle anyone of the candidate to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot and proceed as if the candidate on whom the lot falls had received an additional vote, and shall declare that candidate to be elected. Publication of results of election.

36. The Returning Officer shall cause to be posted at the office of the Local Government Council concerned a copy of the notice of the result of the elections in the Local Government Area. Custody of documents

37. The Returning Officer shall deliver all documents relating to the conduct of the election to the Electoral officer who shall ensure their safe custody. Authorisation of a Poll Clerk

38. A Poll Clerk may be authorised by the Presiding Officer to do an act which the Presiding Officer is required or authorised to do at a polling station or unit by this Law except that he may not order the arrest of a person, or the exclusion or removal of a person from the polling station or unit. Non-attendance of Agents not to invalidate proceedings

39. Where in this Law an act or a thing is required or authorised to be done by or in the presence of the agents of the candidates, the non-attendance of an agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise properly done, invalidate the act or thing done. Sealed certificate of return to be issued to successful candidates

40. A sealed certificate of return at an election in the form set out in Schedule 6 under this law shall be issued to every candidate who has won an election under this Law. Schedule 5 DELTA STATE LOCAL GOVERNMENT LAW Section 135 Procedure for Election Petition Interpretation

1. In this Schedule - "Attorney-General" means the Attorney-General of the State. "Civil Procedure Rules" means the High Court (Civil Procedure) Rules, or Rules of Court amending or replacing those Rules; "Election" means the election in respect of the ward, constituency or the Local Government Area or Area Council to which a election petition relates; "Election Tribunal" means the Local Government Council Election Tribunal; "Registrar" means the Registrar in charge of the Registry, or if he is absent the Senior Clerk present at the Registry; "Registry" means a Registry of the Local Government Council Election Tribunal; "Tribunal Notice Board" means a notice board at the Registry, and where notice of hearing is being or has been given, a notice board at the place of hearing. Hearing and determination of Petition

2. An election petition shall be heard and determined by an Election Tribunal and an appeal arising from the decision of the Election Tribunal on an election petition shall be heard and determined by the Election Appeal Tribunal to be constituted by the Chief Judge Security for costs

3. (1) At the time of presenting an election petition, the petitioner shall give security for all costs which may become payable by him to a witness summoned on his behalf or to a respondent. (2) The security shall be of such amount not exceeding N500 as the Election Tribunal may order and shall be given by depositing the amount with the Election Tribunal. (3) An Appeal tribunal shall be made up of three serving Judges to be constituted by the Chief Judge, (4) Where two or more persons join in the election petition, a deposit of the N500 shall be sufficient. (5) If no security is given as required by this section there shall be no further proceedings on the election petition. Presentation of election petition

4. (1) The presentation of an election petition shall be made by the petitioner (or petitioners if more than one] leaving it in person, or by the hand of the Solicitor, if, any, named at the foot of the election petition, with the Registrar, and the Registrar shall if so required give a receipt which may be in Form DSTF 001 set out in Schedule 6 to this Law. (2) At the time of presenting the election petition, there shall also be left a copy of the election petition for each respondent and seven other copies. (3) The registrar shall compare the copy of the election petition left in accordance with sub-paragraph (2) of this paragraph with the original petition and shall certify it as true copy of the election petition on being satisfied by the comparison that it is a true copy of the election petition. (4) The petitioner or his solicitor shall, at the time of presenting the election petition, pay the fees for the service and the publication of the petitions and for certifying the copies and in default of the payment, the election petition shall not be received, unless the Tribunal otherwise orders. Contents of Election Petition

5. (1) An election petition shall - (a) specify the parties interested in the election petition; (b) specify the right of the petitioner to present election petition; (c) state the holding and result of the election; scores of the candidate and the person returned as the winner of the election. (d) State clearly the facts and grounds relied on to sustain the prayer of the election petition. (2) The election petition shall be divided into paragraphs each of which, as nearly as may be, shall be confined to a distinct portion of the subject and every paragraph shall be numbered consecutively, and no cost shall be allowed for drawing up or copying an election petition not substantially in compliance with this provision, unless the Election Tribunal otherwise orders. (3) The election petition shall further - (a) conclude with a prayer, as for instance, that some specified person may be declared duly returned or elected or that the election may be declared void, as the case may be; and (b) be signed by the petitioner (or all petitioners if more than one), or by the solicitor (if any) named at the foot of the election petition. (4) At the foot of the election petition there shall be stated an address for service within a post office in the judicial division, and the name of its occupier, at which address documents intended for the petitioner may be left. (5) If an address for service and its occupier are not stated the petition shall not be filed, unless the Election Tribunal otherwise orders. (6) At the foot of the election petition there shall be added a note signed by the petitioner giving the name of his Solicitor, if any or stating that he acts for himself as the case may be. (7) The Form DST.F. 002 set out in Schedule 6 to this Law or one to the like effect shall be sufficient for the purposes of the election petition. [Forms DSTF 002. Schedule 6] Further particulars

6. Evidence need not be stated in the election petition, but the Election Tribunal may order such particulars as may be necessary - (a) to prevent surprise and unnecessary expense; (b) to ensure a fair and effectual hearing in the same way as in a civil action in the High Court; and (c) on such terns as to costs and otherwise as may be ordered. Address for service

7. For the purpose of Service of an election petition on the respondent, the petitioner shall furnish the Registrar with the address of the respondent is abode or the address of a place where personal service can be effected on the respondent. Petition by Registrar

8. (1) On the presentation of an election petition and payment of the requisite fees, the Registrar shall forthwith - [Forms DST.F. 003 Schedule 6] (a) cause notice, in Form DSTF 003 set out in Schedule 6 to this Law of the presentation of the election petition and a certified copy of the election petition to be screed on the respondent: (b) post on the Tribunal notice board a certified copy of the election petition; (c) send a certified copy by registered post or messenger to the parson or authority to whom it is required by law that the determination of the person or authority to whom it is required by law that the determination of the election petition shall be certified, and (d) where the Election Tribunal so directs, cause a certified copy to be published in the Gazette of the State concerned. (2) In the notice of presentation of the election petition, the Registrar short state a time not being less than seven days or more than ten days after date of service of the notice, within which the respondent is to enter an appearance. (3) In fixing the time within which the respondent is to enter an appearance, the Registrar shall have regard to - (a) the necessity for securing a, speedy hearing of the election petition, and (b) the distance from the Registry to the address furnished under paragraph 4 of this Schedule. Service

9. (1) Subject to sub-paragraphs (2) and (3) of thus paragraph, service on the respondent - (a) of the documents mentioned in sub-paragraph (1) (a) of paragraph 8 of this Schedule; and (b) of any other documents required to be served on him before entering an appearance, shall be personal. (2) Where the petitioner has finished, under paragraph 7 of this Schedule the address of the place where personal service can be effected on the respondent and the respondent cannot be found at that place, the Election Tribunal, on being satisfied, on an application supported by an affidavit showing that all reasonable efforts have been made to effect personal service, may order that service of any document mentioned in sub-paragraph (1) of this paragraph be effected in any of the ways mentioned in the relevant provisions of the Civil Procedure Rules for effecting substituted service in a civil case and that service shall be deemed to be equivalent to personal service. (3) The proceedings under the election petition shall not be vitiated notwithstanding the fact that- (a) the respondent may not have been served personally; or (b) a document of which substituted service has been effected pursuant to an order made under sub-paragraph (2) of this paragraph did not reach the respondent's hands and in either case, the proceedings may be heard and continued as if the respondent had been served personally with the document and shall be valid and effective for all purposes. Entry and Default of Appearance

10. (1) Where the respondent intends to oppose the election petition, he shall - (a) within such time after being served or deemed to be served with the petition; or (b) where an order has been made under sub-paragraph (2) of paragraph 8 in this Schedule within such other time (of any) may be stated in that order, enter an appearance by filling in the Registry a memorandum of appearance stating that he intends to oppose the petition and giving the name and address of the Solicitor, if any, or stating that he acts for himself as the case may be and, in either case, giving an address for service within a post office in the Judicial Division and the name of its occupier, at which documents intended for the respondent may be left. (2) If an address for service and its occupier are not stated, the memorandum shall not be filed, unless the Election Tribunal otherwise orders. (3) The memorandum of appearance which may be in Form DSTF 004 set out in Schedule 6 to this Decree, shall be signed by the respondent or his solicitor, if any. (4) At the time a duplicate of the memorandum of appearance, is filed the respondent or his solicitor shall - (a) leave a duplicate of the memorandum for each of the other parties to the petition and three other duplicates of the memorandum; and (b) pay the fees for service, and in default of the duplicates being left and the fees being paid at that time, the memorandum shall not be filed, unless the Election Tribunal otherwise orders.

11. (1) If the respondent does not file a memorandum of appearance as required under paragraph 10 of this Schedule, a document intended for him may be posted on the Tribunal notice board and that posting shall be sufficient notice of the document. (2) The non-filing of a memorandum of appearance shall not bar the respondent from defending the election petition. Notice of Appearance

12. The Registrar shall cause a duplicate of the memorandum of appearance to be served on, or its notice to be given to the other parties to the petition. Filing of reply

13. (1) The respondent shall, within six days of entering an appearance or eleven days from receipt of an election petition file in the Registry his reply specifying in it which of the facts and grounds alleged in the petition he admits or denies and setting out the facts and grounds on which he relies in opposition. (2) Where the respondent in an election petition complaining of an undue return and claiming the seat or office for some person intends to prove that the election of that person was undue, the respondent in his reply shall state that intention and set out the facts and grounds which he relies in support thereof. (3) The reply may be signed and filed by the respondent or his solicitor, if any. (4) At the time of filing the reply, the respondent or his solicitors shall have a duplicate of the reply for each party to the election petition and three other duplicates of the reply and pay the fees for service, and in default of the duplicate being left the reply shall not be filed, unless the Election Tribunal otherwise orders. Service of reply

14. The Registrar shall cause a duplicate of the reply to be served on each party to the election petition. Amendment of election petition

15. (1) Subject to sub-paragraph (2) of this paragraph, the provisions of the relevant Civil Procedure Rules relating to amendment of pleading shall apply in relation to an election petition as if for the words "any proceedings" in those provisions there were substituted the words "the election petition or the reply, if any". (2) After the expiry of the time limited by- (a) Sub-section (2) of section 87of this Law for presenting the petition, no amendment shall be made - (i) introducing a fresh prayer in the petition or effecting an alteration of substance in the prayer, or (ii) except anything which may be done under the provisions of sub-paragraph (3) of this paragraph, effecting a substantial alteration in or addition to the statement of facts and grounds relied on to sustain the prayer; and (b) paragraph 3 of thus Schedule for filing the reply, no amendment shall be made- (i) alleging that the election of the person, if any, or whom the seat or office is claimed in the petition was undue, or (ii) except anything which may be done under the provisions of sub-paragraph (3) of this paragraph, effecting any substantial alteration in or addition to the admissions or the denials contained or the facts and grounds set out in the reply. (3) The Election Tribunal in the hearing and determination of an election petition shall not be obliged to confine its inquiry or findings to the issues raised by the election petition and the reply, if any, and may, with or without ordering or allowing - (a) the amendment of a statement of the facts and grounds relied on in support of the petition or the amendment of any admission or denial contained in the petition; or (b) the facts or grounds set out in the reply (but subject always and having due regard to the time limited by subsection (2) of section 125 of this Law for presenting an election petition) inquire into any other issue otherwise raised or apparent, or any matter otherwise appearing, as the Election Tribunal may deem necessary for the purpose of the full and proper determination of the election petition. List of objections to votes

16. (1) When a petitioner claims the seat or office for an unsuccessful candidate, alleging that he had a majority of lawful votes, a party complaining of and a party defending the election or return shall- (a) within 3 days after the filing of the reply; or (b) where no appearance is entered, not less than 6 days before the day fixed for hearing file in the Registry a list of the votes intended to be objected to by him and of the heads of objection to each vote. (2) No evidence shall be given against the validity of a vote or on a head of objection not specified in the list filed pursuant to sub-paragraph (1) of this paragraph except by leave of the Election Tribunal which may be given on such terms as to the amendment of the list, postponement of the hearing and payment of costs as may be ordered. (3) The party delivering the list shall at the same time deliver a duplicate for each other party to the petition and three other duplicates and pay the appropriate fees for service, and, in default of the delivery and payment, the list shall not be filed unless the Election tribunal otherwise orders. (4) The Registrar shall cause a duplicate of the list to be served on every other party forthwith. List of objections to elections.

17. (1) When the respondent in a petition complaining of an undue return and claiming the seat or office for some person intends to give evidence to prove that the election of that person was undue, the respondent shall, within three days after the filing of the reply, file in the Registry a list of the objection to the election on which he intends to rely. (2) No evidence shall be given by a respondent of an objection to the election not specified in the list of objections except by leave of the Election Tribunal which, may be given on such terms as to amendment of the list, postponement of the hearing and payment of costs as may be ordered. (3) Sub-paragraphs (2) and (3) of paragraph 16 of this Schedule shall apply to the list mentioned in sub-paragraph (1) of this paragraph. Further Particulars or Directives.

18. (1) If a party to the petition wishes to have further particulars or other directives of the Election Tribunal, he may, at any time after entry of appearance, not later than ten days after the filing of the reply, apply to the Election Tribunal, specifying in his-notice of motion the direction for which he prays, and the motion shall, unless the Election Tribunal otherwise orders, be set down for hearing on the first available day. (2) The party applying shall give notice of his motion to the other parties, and where he relies on a fact which is not apparent on the face of the documents already filed he shall support his motion by affidavit. (3) If a party does not so apply, he shall be taken to require no further particulars or other directives and the party shall be barred from so applying after the lapse of the period laid down in subparagraph (1) of this paragraph except with the leave of the Election Tribunal. (4) Leave of the Election Tribunal under sub-paragraph 30 of this paragraph shall be sought by motion supported by affidavit after notice to the other for parties, and may be given in a proper case on such terms as to costs and otherwise as may seem fit. Open Tribunal Time and place of hearing petition

19. Every election petition shall be heard in open tribunal.

20. (1) Subject to the provisions. of sub-.paragraph (2) of this paragraph, the time and place of the hearing of an election petition shall-be fixed by the Election Tribunal and notice of the time and place of the hearing which may be in Form DSTF 005 set out in Schedule 6 to this Law, shall be given by the registrar at least five days before the days fixed for the days fixed or the hearing by - [Form DST. F. 005 Schedule 6] (a) posting, or causing the notice to be posted, on the Tribunal notice board; (b) sending a copy of the notice by registered post or messenger to (i) the petitioner's address for service; (ii) the respondent's address for service, if any, and (iii) the Electoral Officer. (2) In fixing the place of hearing, the Election Tribunal shall have due regard to the proximity to and accessibility from the place where election is held. Notice of hearing

21. The Electoral Officer shall publish the notice of hearing by causing the copy to be affixed to the place which was appointed for the delivery of nomination papers to the election or to some conspicuous place within the Local Government Area but failure to do so or any miscarriage relating to the copy of notice of hearing shall not affect the proceedings in any manner whatever. Position on tribunal notice Board deemed to be good notice.

22. The posting of the notice of hearing on the Tribunal notice board shall be deemed and taken to be good notice, and the notice shall not be vitiated by any miscarriage of, or relating to the copy or copies of the notice sent pursuant to paragraph 20 of this Schedule Postponement of hearing.

23. (1) The Election Tribunal may, from time to time, by order made on the motion of a party supported by affidavit after notice to the other parties, or by notice in such form as the Election Tribunal may direct, postpone the beginning of the hearing to such day as the Tribunal may name. (2) A copy of the order or notice shall be sent by the Registrar by registered post or messenger to the Electoral Officer, who shall publish the order or notice in the manner provided in paragraph 21of this Schedule for publishing the notice of hearing, but failure on the part of the Electoral Officer to publish the copy shall not affect the proceedings in any manner whatsoever. (3) The Registrar shall post or cause to be posted on the Tribunal notice board a copy of the order or notice. (4) Where the Electoral Tribunal gives a notice of postponement of its own motion, a copy of the notice shall be sent by the registered post or messenger to the address for service given by the petitioner and to the address for service if any, given by the respondent. (5) The provisions of paragraph 22 of this Schedule shall apply to an order or notice of postponement as they do to the notice of Hearing. Non-arrival of Chairman of Tribunal

24. If the Chairman of the Election Tribunal has not arrived at the appointed time for the hearing or time to which the hearing is postponed, the hearing shall ipso facto stand adjourned to the following day and so from day to day. Hearing to continue from day to day

25. (1) No formal adjournment of the Election Tribunal for the hearing of election petition shall be necessary but the hearing is to be deemed adjourned and may be continued from day to day until the hearing is concluded. (2) If the Chairman who begins the hearing of an election petition is disable by illness or otherwise, it may be recommenced and concluded by another Chairman appointed by the Chief Judge. Adjournment of hearing

26. (1) After the hearing of an election petition has begun, if the inquiry cannot be continued on the ensuing day or, if that day is a Sunday or a public holiday, on the day following the same, the hearing shall not be adjourned sine die but to a definite day to be announced before the rising of the Election Tribunal, and notice of the day to which the hearing is adjourned shall forthwith be posted by the Registrar on the Tribunal notice board. (2) The hearing may be continued on a Saturday or on a public holiday if circumstances dictate. Powers of the Chairman of tribunal

27. (1) All interlocutory questions and matters shall be heard and disposed of before the Chairman who shall have the control over the proceedings as a Judge in the ordinary proceedings of the High Court. (2) After the hearing of the election petition is concluded if the Tribunal before whom it was heard has prepared its judgement but the Chairman is unable to deliver it through illness or otherwise, the judgement may be delivered by one of the members, and the judgement as delivered shall be the judgement of the Tribunal, and the members shall certify the determination of the petition to the Electoral Officer. Effect of determination

28. (1) At the conclusion of the hearing, the Election Tribunal shall determine whether a person whose election or return is complained of or any other person and what person, was duly returned or elected, or whether the election was, void and shall certify the determination to the Electoral Officer. (2) On a certification being given, the election shall, be confirmed or subject to the provisions of section 132 of this Law in the event of an appeal, a new election shall be held in accordance with the certification or in accordance, with the finding on the determination of the appeal. (3) Where a new election is to be held under the provisions of this paragraph, the Electoral Officer shall appoint a date for the election. Withdrawal of abatement of petition

29. (1) An election petition shall not be withdrawn without leave of the Election Tribunal. (2) Where there are more than one petitioners, no application for lease to withdraw the election petition shall be made except with the consent of all the petitioners (3) The application for leave to withdraw a petition shall be made by motion in Form DSTF 006 set out in Schedule 6 to this Law after notice to the respondent. [Form DSTF 006, Schedule 6] (4) The notice of motion shall state the grounds on which the application is intended to be supported and shall be signed by the petitioner or petitioners or...... (5) (6) The petitioner or petitioners shall also file the affidavits required under paragraph 30 of this Schedule together with duplicates for each respondent and pay the requisite fee's for service. Affidavit in support

30. (1) Before leave for withdrawal of an election petition is granted, there shall be produced affidavits by all parties to the petition and their solicitors and by the election agents (if any) of all the parties who were candidates at the election, but the Election Tribunal may, on cause shown, dispense with affidavit of any particular person if it seems to the Election Tribunal on special grounds to be just so to do. (2) Each affidavit shall state that - (a) to the best of the deponent's knowledge and belief no agreement or terms of any kind whatsoever has or have been made; and (b) no undertaking has been entered into, in relation to the withdrawal of the petition. but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set out that agreement and shall make the foregoing statement subject to what appears from the affidavit. (3) The affidavit of the applicant and his solicitor shall further state the grounds on which the petition is sought to be withdrawn. Motion for leave to withdraw

31. (1) The time for hearing the motion for leave to withdraw the petition shall be fixed by the Election Tribunal. (2) The Registrar, may give notice of the day fixed for the hearing of the motion to the respondents and post or cause to be posted on the Tribunal notice board a copy of the notice with note stating the time fixed for the hearing. Respondents' costs

32. If the election petition is withdrawn, the petitioner shall be liable to pay appropriate costs47 to the respondents. Abatement on death

33. (1) If a sole petitioner or the survivor of several petitioners dies than, subject to subparagraphs (2) and (3) of this paragraph, there shall be no further proceedings on the election petition. (2) The death of a petitioner shall not affect his liability for the payment of costs previously incurred. (3) Where notice, with a duplicate for each other party supported by the affidavit of two witnesses testifying to the death of a sole petitioner or of the survivor of several petitioners, is given to the Registrar, he shall submit the notice to the Election Tribunal and if the Election Tribunal so directs, the Registrar; shall - (a) give notice thereof to the other parties; (b) post or cause to be posted notice thereof on the Tribunal notice board and Notice of no opposition to petition

34. (1) If before the hearing of an election petition, a respondent, other than the Electoral Officer or Presiding Officer gives to the Election Tribunal notice in writing signed by him or his solicitor before the Registrar that he does not intend to oppose the election petition, the Registrar shall - (a) give notice thereof to the other parties; and (2) The respondents shall file the notice with a duplicate for each other party not less that six days before the day appointed for hearing the election petition. (3) A respondent who has given notice of his intention not to oppose the petition shall not appear or act as a party against the election petition in any proceeding on it, but the giving of the notice shall not of itself cause him to cease to be a respondent. Countermand of notice

35. (1) Where a notice of - (a) the petitioner's intention to apply for leave to withdraw an election petition; or (b) the death of the sole petitioner or the survivor of several petitioner:; or (c) the respondent's intention not to oppose an election petition, is received after notice of hearing of the election petition has been given and before the hearing has begun, the Registrar shall forthwith countermand the notice of hearing. (2) The countermand shall be given in the same manner and, as near as may be, as the notice of hearing. Discretion of Tribunal if no reply

36. Where the respondent has not entered an appearance, or has notified his reply within the prescribed time or within such time as the Election Tribunal may have allowed, or has given notice that he does not intend to oppose the petition, then if - there remains no more than one other candidate in the election who was not returned; or (a) the election petition contains no prayer for a determination that the election was void; or (b) there are no facts or grounds stated in the election petition or in the reply, if any, or stated in any further particulars filed in the proceedings or otherwise appearing on proof of which it ought to be determined that the election was void, or (c) the election petition is one complaining of an undue return, and claiming the seat or office for the, candidate who was not returned and the respondent has not filed a list of objections under the provision of paragraph 17 of thus Schedule; the Election Tribunal may, if it thinks fit, determine the proceedings on the election petition without hearing evidence or further evidence, and in a case, the proceedings shall be continued and determined on such evidence otherwise as the Election Tribunal may deem necessary for the full and proper determination ..... (2) A hearing fee shall be payable for the hearing at the rate of N20 per day of the hearing but not exceeding N100 in all, but the Elections Tribunal may direct a lower fee to be charged for any day of the hearing. (3) For the purpose of this paragraph; the petitioner shall make a deposit of N100 at the time of, presenting his petition. (4) Subject to the provisions of this paragraph, the fees payable in connection with an election petition shall be at the rate prescribed for civil proceedings in the High Court of the State in which the petition is presented. (5) No fees shall be payable, by the Attorney-General or any other Legal Officer or by a respondent who was the Electoral Officer or Presiding Officer at the election. (6) No fees shall be payable for the summoning of witnesses summoned by the Election Tribunal on its motion. (7) A charge payable for the service of subpoena on a witness may be paid by the Registrar in the same way as a State witness expenses. Allocation of costs

38. (1) All costs, charges and expenses of and incidental to the presentation of in election petition and to the proceedings consequent thereon with the exception of such as are otherwise provided for; shall be defrayed by the parties to the election petition in such manner and in such proportions as the Election Tribunal may determine, regard being had to - (a) the disallowance of any cost. charge or expenses which may in the opinion of the Election Tribunal have been caused by vexatious conduct, unfounded allegation or unfounded objection on the part of the petitioner or of the respondent; and (b) the discouragement of any needless expense by throwing the burden of defraying the expense on the party by whom it has been caused whether that party is or is not on the whole successful. (2) Where the Election Tribunal declares an election to be void, it may, if satisfied that the invalidity of the election was due either wholly or in part to the culpable default of an officer responsible for the conduct of the election in the performance of his duties imposed by this Law, order that the whole or part of the cost awarded to the successful petitioner be paid by that officer. Return of security

39. Money deposited as security shall, when no longer needed as security for costs, charge, or expenses, be returned to the person in whose name it is deposited or to the person entitled to receive it by order of the Election Tribunal, which may be made on motion after notice and proof that all just claims have bean satisfied or otherwise sufficiently provided for as the Election Tribunal may require.

40. (1) The Election Tribunal may, on application made by a person or whom any cost charge or.... (2) Where a dispute arises on an application wider sub-paragraph (1) of thus paragraph, the Election Tribunal shall afford every person affected by it an opportunity of being heard and make such order thereon as it may deem fit. (3) A person shall be deemed to have been afforded such opportunity if notice of the time appointed for the inquiry into the dispute was given to him, though the person may not have been present at the making of the inquiry. (4) A notice to be given to a person under thus paragraph may be given by the Registrar handing him the notice or sending it to him by registered letter: (a) in the case of a party at the address for service; (b) in the case of an application for payment, at the address given, in his application. so however, that the provisions of this sub-paragraph shall not preclude the giving of notice in any other manner in which notice may be given a which may be authorised by the Election Tribunal. (5) Execution may be levied on order for payment made by the Election Tribunal under this paragraph in the same manner and to the same extent as execution may be levied under a judgment for the payment of money. Calling of witnesses

41. (1) On the hearing of an election petition, the Election Tribunal may summon a person as a witness who appears to the Election Tribunal to have been concerned in the election. (2) The Election Tribunal may, examine a witness so summoned or any other person in the Election tribunal although the witness or person is not called and examined by a party to the election petition and thereafter he may be cross-examined by or on behalf of the petitioner and the respondent. (3) The expenses of a witness called by the Election Tribunal of its own motion shall, unless the Election Tribunal otherwise orders, be deem; to be costs of the election petition and may, if the Election Tribunal so directs, be paid in the first instance by the Registrar in the same way as State witness's expenses and recovered in such manner as the Election Tribunal may direct. (4) Where the Election Tribunal summons a person as a witness under this paragraph, the provisions of the relevant Civil Procedure Rules relating; to the expenses of persons ordered to attend a hearing shall apply as if they were part of this paragraph. (5) The Election Tribunal shall - (a) in making and carrying into effect an order for the production and inspection of documents used in the election and relating to the way in which the votes of particular persons were given, and (b) in the examination of any witness who produces or will produce a document. ensure that the way in which the vote of a particular person has been given shall not be disclosed until it has been proved that the vote was given and the vote has been declared by the Election Tribunal to be invalid. Privilege

42. (1) A person called as a witness in a proceeding in the Election Tribunal..... (2) A witness who answers truly all questions which he is required by the Election Tribunal to answer shall be entitled to receive a certificate of indemnity under the hand of the Chairman of the Election Tribunal stating that the witness has so answered. (3) An answer by a person to a question before the Election Tribunal shall not, except in the case of a criminal proceeding for perjury in respect of the answer, be admissible in any proceeding, civil or criminal, in evident: against him. (4) When a person has received a certificate of indemnity in relation to an election and legal proceedings are at any time brought against him for an offence against the provisions, of this Law committed by him prior to the date of the certificate at or in relation to that election, the Election Tribunal, in cognizance of the case shall, on proof of the certificate, stay the proceeding and may, at its discretion award to that person such costs as he may have been put to in the proceeding. Evidence by respondent

43. On the hearing of an election petition complaining of an undue return and claiming the seat for some person, the respondent may subject to the provisions of paragraphs 13 (2) and 17 of this Schedule, give evidence to prove that the election of that person was undue in the same manner as if he had presented an election petition complaining of the election. Enlargement and abridgement of time

44. (1) The Tribunal shall have power, subject to the provisions of subsection (2) of section 128 of this Law and paragraph 15 of thus Schedule, to enlarge, -time for doing any act or taking any proceeding on such terns (if any) as the justice of the case may require (2) An enlargement may be ordered although the application for the enlargement is not made until after the expiration of the time appointed or allowed. (3) When the time for delivering a pleading or document or thing any affidavit, answer or document, or doing any act is or has been fixed or limited by any of the sections, paragraphs or rules under or in pursuance of this Law or by a direction or an order of the Election Tribunal, the costs shall be some by the party snaking the application, unless the Election Tribunal shall otherwise order. (4) Every application for enlargement or abridgement of time shall be supported by affidavit. (5) An application for abridgement of time may be made ex parte, but the Election Tribunal may require notice of the application to be given to the other party. (6) An application for enlargement of time shall be made by motion after notice to the other party but the Election Tribunal may, for good cause shown by affidavit or otherwise, dispense with the notice. Service of notice

45. (1) Where a summons, notice or document, other than a Notice or document mentioned in paragraph 8 (1) of this Schedule, is required to be served on a person for a Purpose connected with an election petition, it may be served by delivering it to the person or by leaving it at his last known place of abode in the Local Government Area with any person there found who is a resident the abode and appears to be 18 years of age or more. (2) After a party has given an address for service it shall be sufficient if in lieu of serving him personally with a document intended for him, the document is served - (a) on the person appearing on the paper last filed on his behalf as his solicitor wherever the person may be found or, if the person is not found at his office, on the clerk there apparently in charge; or (b) on the person named as occupier in his address for service wherever the persons may be found or, if the person is not found at the address; or (i) the person there found apparently in charge, if such address is a place of business, or (ii) a person, other than a domestic servant, there found who is a resident of the address and appears to be 18 years of age or more. (3) A party may change his address for service by giving notice of his new address for service and its occupier to the Registrar and to each party, but until a notice is received by the Registrar, his old address for service shall continue to be his address for service. (4) Where service on one of the modes specified in this paragraph has proved impracticable, the Election Tribunal may, on being satisfied on an application supported by an affidavit showing what has been done that all reasonable efforts have been made, to effect service - (a) order that service be effected in any of the ways mentioned in the provisions of the Civil Procedure Rules relating to substituted service, which service shall be sufficient; or (b) dispense with service or notice as the Election Tribunal may think fit. Number of respondents

46. Two or more candidates may be made respondents to the same petition and their case may for the sake of convenience be heard at the same time, but for all purposes (including the taking of security) the petition shall be deemed to be a separate petition against each respondent. Multiple petitions

47. Where two or more petitions are presented in relation to the same election or return, all the petitions shall be considered and be dealt with as one petition unless the Election Tribunal shall otherwise direct, following a preliminary or other objections in limine. Conduct of Electoral Officer, etc.

48. (1) Where an election Petition complains of the conduct of an Electoral Officer, a Presiding Officer or Returning Officer, he shall for all purposes be deemed to be a respondent, but an Electoral Officer, a Presiding Officer or a Returning Officer shall not... (2) If consent is withheld by the Attorney-General under sub -paragraph (1) of this paragraph, the State Government shall indemnify the Electoral Officer, Presiding Officer or Returning Officer against any award of costs made against hum by the Election Tribunal on the hearing of the election petition. (3) Where an Electoral Officer, a presiding Officer or Returning Officer is, or is deemed to be, a respondent to a petition, the Attorney-General of the State (acting in person or through any of his legal officers), or legal practitioner nominated by the Commission or a legal offices of the Commission shall represent the Electoral Officer, Presiding Officer or Returning Officer. Duplicate of documents.

49. In the absence of express provision for the returning of copies of duplicates of documents filed or used in connection with any step taken in the proceedings, the party taking the step, shall, unless the Registrar otherwise directs, leave with the Registrar a duplicate of every document for each of the other parties and three other duplicates. Non-compliance with rules, etc.

50. (1) Non-compliance with any of the provisions of this Schedule, or with a rule of practice for the time being in force shall not render any proceeding void, unless the Election Tribunal shall so direct, but the proceeding may be set aside wholly or in part as irregular, or amended, or otherwise dealt with in such manner and on such terms as the Election Tribunal shall think fit to ensure substantial Justice. (2) No application to set aside a proceeding for irregularity shall be allowed unless made within a reasonable time, or the party applying has not taken any fresh step after knowledge of the irregularity. (3) Where an application is made to set aside a processing for irregularity, the several objections intended to be relied on shall be stated in the notice of motion. (4) No objection shall be made that certified copy has been used instead of a duplicate or a duplicate; instead of a certified copy. (5) An election petition shall not be defeated by an objection merely as to form, unless the objection is as to the competence of the petition Application of rules of court

51. (1) Subject to the express provisions of the Law, the practice and procedure of the Tribunal in relation to an election petition shall be assimilated as nearly as may be to the practice and procedure of the High Court in the exercise of its civil jurisdiction, and the Civil Procedure Rules or the Civil Procedure Code, as the case may be, shall apply with such modifications as may be necessary to render then conveniently applicable, as if the petitioner and the respondent were respectively the plaintiff and the defendant in a civil action. (2) Subject.... Schedule 6 DELTA STATE LOCAL GOVERNMENT LAW Local-1/ojie Section 139 FORM DSC. F. 001 Confidential: DELTA STATE INDEPENDENT ELECTORAL COMMISSION Data Form for Persons seeking election to the Membership of Local Government Council. PART I A. PERSONAL PARTICULARS

3. Other Names (in block letters).........

4. Have you ever changed your names? If so, what was your former names: ....

9. Did you change nationality in the past? if so, what was your former nationality.

14. How long have you stayed in your present place of abode?.....

15. Are you an indigene of your present place of abode?.............

16. What is your present occupation?..... B. EDUCATIONAL INSTITUTIONS ATTENDED WITH DATES

2. Secondary Schools (including Teachers, commercial, technical and equivalent institutions.) ............

3. Tertiary Institutions (including Universities and Colleges): ............ C. EDUCATIONAL QUALIFICATION WITH DATES ............... D. WORKING EXPERIENCE WITH DATES (STATES EMPLOYER, NATURE OF WORK REASON OF LEAVING). ............ E. POLITICAL EXPERIENCE ......... F. GENERAL

1. Have you ever been tried in a court or tribunal or any criminal offence? If yes give details of case and the findings of the tribunal including punishment, if any ......

2. Have you ever been tried by the Code of Conduct Tribunal? if yes state details of the charge and the findings of the Tribunal, including punishment , if any.....

3. Have you ever been involved in any investigation or inquiry regarding lunacy? If yes, state nature of inquiry or investigation, including the findings. .....

4. State with full details the name and addresses of Clubs, socities, association or Unions you belong to or have belonged to in the past .......

5. Have you ever been involved in any bankruptcy proceedings? If so, state where proceedings took place and the findings of the inquiry: .........

6. Have you ever been arrested by the Police or other security agency: if so, state reasons for arrest, where and the outcome of the investigation. .........

7. Are you a member of a Political party'? If so state the name of your Political Party, when you joined the political party and your position in the party. ......

8. Has your Party agreed to sponsorship being contested? State other known contestants. .........

9. Where have you paid taxes in last three years? State the amount paid and the receipt numbers or tax clearance certificate numbers, with dates......

10. Have you ever been involved in any or investigation trial relating to narcotic drugs or any psychotropic substance? If so, state place of investigation or trial, date and the, outcome of the investigation or....

11. Are you a registered voter? If so, state place of registration, registration number and the registration area code number ......

12. Give stay other information about your person and die reason for which you intend to contest the election...... G. DECLARATION BEFORE A COMMISSIONER OF OATHS IN THE MAGISTRATE OR HIGH COURT OF THE PLACE YOU LIVE

1. I solemnly and sincerely declare that the particulars given above are true and correct to the best of my knowledge and belief.

2. Before making the declaration, I verified the facts and cross-checked them as to their veracity ............... DEPONENT Sworn to at the Magistrate/High Court Registry ...............this ............... Day of .................20 ................ BEFORE ME: ........................... COMMISSIONER FOR OATHS PART II H. For Official Use of the Commission (Here record any independent information obtained or available about the subject). DELTA STATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION SUBMISSION OF LIST OF CANDIDATES BY A POLITICAL PARTY DATE............ NAME OF POLITICAL PARTY......... STATE......... LOCAL GOVERNMENT:...... S/No Name of Age Sex Home Ward or Post being Educational Candidate Address Constituency contested Qualification N.B Please attach Folders of each candidate with evidence of certified......... FORM DSCF 003 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION RETURN OF LIST OF CANDIDATES DECLARED QUALIFIED TO CONTEST ELECTION Date...... NAME OF POLITICAL PARTY...... STATE......... LOCAL GOVERNMENT:... S/No Name of Age Sex Home Ward or Post being Educational Candidate Address Constituency contested Qualification FORM DSEC 4F LOCAL GOVERNMENT LAW DELTA STATE INDEPENDENT ELECTORAL COMMISSION NOMINATION OF CANDIDATE FOR LOCAL GOVERNMENT CHAIRMANSHIP ELECTION To: The Chairman, Independent National Electoral Commission Nigeria, Abuja. Date:............. I.........(NAME) of...(ADDRESS) whose occupation is...(OCCUPATION)

1. I am the candidate to whom this nomination paper relates and I am willing to stand the Chairmanship election for............ Local Government Area.

2. I am a Nigerian citizen of not less than thirty years of age.

3. I have paid my income tax as and when due for the three years immediately preceding the year of the election.

4. I am resident at .......... which is within the said ...... Local Government Area.

5. I have never been adjudged a lunatic or otherwise to be of unsound mind.

7. I have not been convicted for an offence involving dishonesty or fraud.

8. I am not currently employed in the public service of the Federation or of a State or Local Government.

9. I have not been found guilty of contravening the Code of Conduct under the Code of Conduct Bureau and Tribunal Act.

10. I have not been dismissed from the public service or the private sector.

11. I have not been found guilty of an offence involving narcotic-drugs under any law in force in or outside Nigeria.

12. I am not a member of a Secret Society.

13. My educational qualifications are: ..........

14. I am sponsored by.......... and my running mate is,........ We, the undersigned, are the nominators of the above candidate and are registered voters, in the constituency in respect of which the candidate seeks to contest the Council Chairmanship election. Name:... Address:...... Occupation:............ Local Government Area ...... Ward:......... Date:......... ......... Signature of 1st Nominator. Name: .................. Address: ......... Occupation: ...... Local Government Area ......... Ward: ............... Date: ......... ................... Signature of 2nd Nominator. Name: ............ Address: ......... Occupation: ............ Local Government Area: ............ Ward: ......... Date: ......... .............................. Signature of 3rd Nominator. Name: ............... Address: ......... Occupation: ............... Local Government Area: ............... Ward: ............ Date: ............... .............................. Signature of 4th Nominator. Name: ............... Address: ............ Occupation: ............ Local Government Area: ............... Ward: ............ Date: ............... .................................... Signature of 5th Nominator. Name: ............ Address: ............ Occupation: ......... Local Government Area: ........ ......... Ward: ............ Date: ...... ................................. Signature of 6th Nominator. Name: .................. Address: ............... Occupation: ............ Local Government Area: ............ Ward: .................. Date: ............... ................................. Signature of 7th Nominator. Name: ..................... Address: ............ Occupation: ......... Local Government Area: ........ Ward: ......... Date: ............ ..................... Signature of 8th Nominator. Name: ............ Address: .................. Occupation: ............ Local Government Area: ................. Ward: ............ Date: ......... .............................. Signature of 9th Nominator. Name: ............ Address: ............... Occupation: ............ Local Government Area: ........................ Ward: ......... Date: ............ ................................. Signature of 10th Nominator. FORM DSEC 4G LOCAL GOVERNMENT LAW DELTA STATE INDEPENDENT ELECTORAL COMMISSION NOMINATION OF CANDIDATE FOR LOCAL GOVERNMENT COUNCILLORSHIP ELECTION To: The Chairman, Independent National Electoral Commission Nigeria, Abuja. Date:...... ....... I...... (NAME) of.... (ADDRESS) whose occupation is: ............ (OCCUPATION)

1. I am the candidate to whom this nomination paper relates and I am willing to stand the Chairmanship election for...............Local Government Area.

2. I am a Nigerian citizen of not less than thirty years of age.

3. I have paid my income tax as and when due for the three years immediately preceding the year of the election.

4. I am resident at ...........which is within the said .........Local Government Area.

5. I have never been adjudged a lunatic or otherwise to be of unsound mind.

7. I have not been convicted for an offence involving dishonesty or fraud.

8. I am not currently employed in the public service of the Federation or of a State or Local Government.

9. I have not been found guilty of contravening the Code of Conduct under the Code of Conduct Bureau and Tribunal Act.

10. I have not been dismissed from the public service or the private sector.

11. 1 have not been found guilty of an offence involving narcotic-drugs under any law in force in or outside Nigeria.

12. I am not a member of a Secret Society.

13. My educational qualifications are: ...............

14. I am sponsored by.............. and my running mate is,........ We, the undersigned, are the nominators of the above candidate and are registered voter, in the constituency in respect of which the candidate seeks to contest the Council Chairmanship election. Name... Address... Occupation... Local Government Area:......... Ward:......... Date:......... .............................. Signature of 1st Nominator. Name... Address... Occupation... Local Government Area:............ ... Ward:...... ...... Date... ................................. Signature of 2nd Nominator. Name:...... ... Address:...... ... Occupation:...... ... Local Government Area:...... ...... Ward:............ Date:...... ... .............................. Signature of 3rd Nominator. Name:......... Address:...... ... Occupation:............ Local Government Area:...... ... Ward:......... ... Date:............ ........................... Signature of 4th Nominator. Name:...... ... Address:...... ... Occupation:...... ... Local Government Area:............... Ward:............ ... Date:......... ... .............................. Signature of 5th Nominator. Name:......... ... Address:...... ... Occupation:......... ... Local Government Area:......... ... Ward:......... ... Date:......... ... .............................. Signature of 6th Nominator. Name:......... ... Address:......... ... Occupation:...... ......... Local Government Area:... ............ Ward:...... ... Date:............ ... ........................ Signature of 7th Nominator. Name:......... ......... Address:......... ... Occupation:......... ............ Local Government Area:......... ...... Ward:...... ... Date:...... ... .................................... Signature of 8th Nominator. Name:......... ... Address:...... ... Occupation:...... ... Local Government Area:............... Ward:...... ... Date:...... ...... ................................. Signature of 9th Nominator. Name:......... ... Address:...... ... Occupation:......... ... Local Government Area:............... Ward:......... ... Date:............ .............................. Signature of 10th Nominator. FORM DSEC 5 DELTA STATE INDEPENDENT ELECTORAL COMMISSION ELECTORAL OFFICER'S RULING AS TO VALIDITY OF NOMINATION To: ................. Take notice that a nomination paper received by me on ................. in your favour (Has been accepted by me as appearing to be valid) or (has been rejected by me as appearing to be invalid) upon the following grounds: ........ Dated this............day of...........20......... ....................... Electoral Officer DELTA STATE INDEPENDENT ELECTORAL COMMISSION Strike out words not applicable FORM DSEC 6A DELTA STATE INDEPENDENT ELECTORAL COMMISSION STATEMENT OF RESULT OF POLL FOR ELECTION OF CHAIRMAN OF COUNCIL POLLING STATION................................ CODE NO......................... WARD ............................................................ CODE NO......................... LOCAL GOVERNMENT AREA.............................. CODE NO......................... STATE............................................................. CODE NO......................... NO OF VOTERS ON THE REGISTER INFIGURES........................... NO OF VOTERS ON THE REGISTER IN WORDS ................. SERIAL NOS OF VOTING CARDS ISSUED TO POLLING STATION FROM................ TO.................... SERIAL NOS OF VOTING CARDS ISSUED TO VOTERS FROM ................... TO.................... SERIAL NOS OF THE BALANCE OF UNUSED VOTING CARDS FROM.............. TO.............. That I was the presiding officer for the election held on ............. Day of ...........20.................at the above Polling Station. That the election was contested/uncontested......... That the Candidates /Parties scored the following votes: Votes scored by APP Candidate in figures.................. Votes scored by APP Candidate in words..................... Votes scored by PDP Candidate in figures.................. Votes scored by PDP Candidate in words .................. Votes scored by AD Candidate in figures.................. Votes scored by AD Candidate in words............ NO OF INVALID VOTES IN FIGURES.............. NO OF INVALID VOTES IN WORDS ..................... Dated this..................day of ............20........ Name of presiding Officer ......... Signature...... Name & Signature of APP Agent............ Name & Signature of PDP Agent............ Name & Signature of AD Agent ...... FORM DSEC. 6A(1) DELTA STATE INDEPENDENT ELECTORAL COMMISSION STATEMENT OF RESULT OF POLL FOR ELECTION OF COUNCILLOR POLLING STATION....................... CODE NO...................... WARD .............................. CODE NO......................... LOCAL GOVERNMENT AREA.................. CODE NO.......... STATE.......... CODE NO.......... NO OF VOTERS ON THE REGISTER INFIGURES.................. NO OF VOTERS ON THE REGISTER IN WORDS ............... SERIAL NOS OF VOTING CARDS ISSUED TO POLLING STATION FROM............. TO.............. SERIAL NOS OF VOTING CARDS ISSUED TO VOTERS

FROM ................... TO....................... SERIAL NOS OF THE BALANCE OF UNUSED VOTING CARDS FROM....................... TO.................... That I was the presiding officer for the election held on ................... day of .......................20........at the above Polling Station. That the election was contested / uncontested............... That the Candidates /Parties scored the following votes: Votes scored by APP Candidate in figures......... Votes scored by APP Candidate in words........................ Votes scored by PDP Candidate in figures..................... Votes scored by PDP Candidate in words ........................ Votes scored by AD Candidate in figures........................ Votes scored by AD Candidate in words............... NO OF INVALID VOTES IN FIGURES............................. NO OF INVALID VOTES IN WORDS..................... Dated this.....................day of ..................20............... Name of presiding Officer ............... Signature........................ Name & Signature of APP Agent..................... Name & Signature of PDP Agent........................ Name & Signature of AD Agent ........................ DELTA STATE INDEPENDENT ELECTORAL COMMISSION ELECTION OF LOCAL GOVERNMENT COUNCIL CERTIFICATE OF RETURN OF ELECTION UNDER, THE LOCAL GOVERMENT LAW I hereby certify that the Chairman elected for ............... Local Government area in the election held on is............ (State the full names of the Chairman) of......... (State the full address of the Chairman) Dated this..................day of......20.................. ADDRESS..................... FORM DSEC 6B DELTA STATE INDEPENDENT ELECTORAL COMMISSION SUMMARY OF RESULTS FROM POLLING STATIONS FOR ELECTION TO THE OFFICE OF CHAIRMAN OF COUNCIL LOCAL GOVERNMENT AREA ......................... CODE................... LEVEL OF COLLATION...................... WARD................... NAME OF WARD.........CODE Polling Stations Votes received by the candidates/parties APP PDP S/No Code Name Name of candidate Name of candidate In figure In words In figure In words 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Total No. of Votes No. of Votes Total No. of Votes Carried over NAME OR WARD RETURNING OFFICER.................. SIGNATURE...................DATE/STAMP............... NAME AND SIGNATURE OF PARTY AGENTS: APP............... PDP............ AD...... FORM DSEC 6B (1) DELTA STATE INDEPENDENT ELECTORAL COMMISSION SUMMARY OF RESULTS FROM POLLING STATIONS FOR ELECTION TO THE OFFICE OF CHAIRMAN OF COUNCIL LOCAL GOVERNMENT AREA ..........CODE................ LEVEL OF COLLATION................ WARD........... NAME OF WARD.........CODE Polling Stations Votes received by the candidates/parties APP PDP S/No Code Name Name of candidate Name of candidate In figure In words In figure In words 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Total No. of Votes No. of Votes Total No. of Votes Carried over NAME OR WARD RETURNING OFFICER.................. SIGNATURE................DATE/STAMP.................. NAME AND SIGNATURE OF PARTY AGENTS: APP............ PDP............ AD...... FORM DSEC 6C DELTA STATE INDEPENDENT ELECTORAL COMMISSION SUMMARY OF RESULTS FROM POLLING STATIONS FOR ELECTION TO THE OFFICE OF CHAIRMAN OF COUNCIL LOCAL GOVERNMENT AREA................CODE................... LEVEL OF COLLATION............. WARD........... NAME OF WARD ......... CODE ......... Polling Stations Votes received by the candidates/parties APP PDP S/No Code Name Name of candidate Name of candidate In figure In words In figure In words 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Total No. of Votes No. of Votes Total No. of Votes Carried over NAME OF WARD RETURNING OFFICER.................. SIGNATURE...................DATE/STAMP.................. NAME AND SIGNATURE OF PARTY AGENTS: APP............... PDP...... AD...... RECEIPTS OF PETITION IN THE LOCAL GOVERNMENT ELECTION TRIBUNAL OF DELTA STATE HOLDEN AT......... PETITION NO........... BETWEEN .........) Petitioners And .....) Petitioners .....) Respondents Received on the .............day of ..............20............ at the Registry of ............Local Government Election Tribunal a petition touching the election of ..................a member of the ..............Ward Constituency purporting to be signed by (insert name of petitioner). Dated at............this.............day of.........20............... ................ Registry For Service on: Petitioner ............ NOTICE OF PRESENTATION OF PETITION IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL OF DELTA STATE HOLDEN AT......... PETITION NO........ BETWEEN ......) Petitioner(s) And ........) ........) Respondent(s) G.H .........

To Respondent(s): Take notice that a petition , a duplicate whereof is attached hereto, has this day been presented in the registry of the Tribunal Named above and that you are to enter an appearance in respect of the petition to the said registry within..........days of the date when this notice was left at your address set out below, or as the tribunal may direct by order under paragraph 9(2) of Schedule 5 to this Law, otherwise proceedings on the petition may be continued and determined in default of your appearance, and any document intended for you may be posted up on the tribunal notice board, which shall be sufficient notice thereof. DATED this.........day of.........20............... ................ Registry To:........ FORM DSCF 004 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION RETURN OF LIST OF CANDIDATES DECLARED NOT QUALIFIED TO CONTEST ELECTION Date........... NAME OF POLITICAL PARTY: ............ STATE: ............ LOCAL GOVERNMENT: .......... S/No Name of Age Sex Home Ward or Post sought Particular of Remark Candidate Address Constituency to contested qualification