Delta State Local Government Law, 2013

DELTA STATE LOCAL GOVERNMENT LAW, 2013

1. Short Title and Commencement. This Law may be cited as the Delta State Local Government Law, 2013 and shall come into force on the 18th day of December, 2013.

2. Interpretation. In This Law: "Constituency" includes - a ward, in the case of the election of a Councilor 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, as amended; "Court" includes Election tribunals; "Election" means Chairmanship and Councillorship election under this Law; "Electoral Commission" means the Delta State Independent Commission; "Governor" means the Governor of Delta State of Nigeria: "House" means the Delta State House of Assembly; "Legislative House" means the Legislative arm 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" means the list of voters, registered and eligible to vote in an election in the ward or constituency; "Regulations" means Regulations made by the Governor pursuant to this Law; "Service Commission" means the Local Government Service Commission; "State" means Delta State of Nigeria; "Secret Society" means an association, a group or body of person: (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 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. Establishment of Council. There shall a Council for each Local Government Area in the State.

4. Establishment of Council. (1) The system of Local Government shall be by democratically elected Local Government Councils. (2) It shall be the duty of Local Government Councils within the State to participate in economic planning and development of the Local Government Areas and to this end a joint Economic Planning Board established by a Law enacted by the House. [System of Local Government.] (3) The functions to be conferred on Local Government 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 to make bye-laws on matters conferred it by the Constitution and any other Law of the State. (6) The Executive powers of a Local Government shall be vested in the Chairman of the Local Government Council.

5. System of Local Government. (1) Subject to sections 7(1) and 8 (3) of the Constitution there shall be 25 Local Government Areas in the state named in the first column of Schedule 1 to this Law, and each Local Government shall have its headquarters in 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 shall be the only unit in respect of which the State is to establish an authority for the purpose of Local Government Administration. [Numbers of Local Government Areas.]

6. Legal capacity of Government Councils. 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, moveable and immoveable properties and to sue and be sued in its corporate name.

7. Pre action Notice. (1) No suit shall commence against: (a) a Government Council; (b) a holder of an office under this Law; or (c) any employee of a Local Government Council in his official capacity; Except 30 days written notice of intention to sue have been served on the Local Government Council, the holder of an office under this Law or the employee of the Local Government, by the intending claimant or his authorized agent. (2) The notice referred to in subsection (1) of this Section Shall show: (a) the course of action; (b) the particulars of the claim; (c) the name and address of the intending claimant; and (d) the reliefs sought. (3) The notice and any summons, or other documents required to be served upon the Local Government Council under this Law any Law regarding the Council, shall be served by delivery same to the Secretary to the Council or by sending it by registered post or courier to the Secretary of the Council.

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

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

10. Accounts of Local Government. The accounts of a Local Government Council shall be audited annually in accordance with section 89(2) of this Law.

11. Powers of investigation of Affairs of 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 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 the elected Chairman was sworn in.

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 15 or than 25 as the circumstance of each Local Government Area may require. (2) The boundaries of each ward shall be such that the number of inhabitants the Ward is 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 the Office of Chairman of Local Government Council. There shall be a Chairman and a Vice-Chairman for each Local Government Councils.

15. Qualifications for the office of the Chairman. 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 least the Senior School Certificate or its equivalent; and (d) he is a member of a political patty and is sponsored by that political party.

15. Breach Of official duty. 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 least the Senior School Certificate or its equivalent; and (d) he is a member of a political patty and is sponsored by that political party.

16. Disqualifications for the office of Chairman. (1) A person shall not be qualified to hold the office of Chairman or Vice-Chairman subject to the provisions of the Constitution, if: (a) he has voluntarily acquired the citizenship of a country 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 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 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 any Local Government Council or Area Council; and has not resigned, withdrawn or retired from service 30 days before the election. (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 any other law made by the House in the exercise of its power. (h) If he is barred from holding any public office in the Local Government Council within a period of one year from the date of the Local Government elections by a Law made by the House; or (i) 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) 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; if 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. (4) For the purpose of subsection (3) 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. (5) 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. (1) 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 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 running is duly elected as Chairman. (2) 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 reference to Chairman were references to Vice-Chairman.

19. Tenure of Office of Chairman of Local Government Council. Subject to the provisions of this Law, a person shall hold the office of Chairman for a period of three years.

20. Death of Chairman elect. (1) If a person duly elected as Chairman dies before taking and subscribing to the Oath of Allegiance and the Oath of Office, the person elected with him as Vice-Chairman Shall be sworn in as Chairman who shall then nominate a new Vice-Chairman subject to the confirmation of the legislative House. (2) In the event where the Chairman elect is unable to subscribe to the oath of office by reason of being incapacitated or appointed to any other office the provisions of subsection (1) shall apply.

21. Chairman as Chief Executive and Accounting Officer of Local 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 books and accounts of Local Government in order to ensure full adherence to Finance (Control and Management) Act 1958 and all amendment 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 renders monthly statements of income and expenditure and annual reports to 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 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 Supervisor, Supervisory Committee and the Secretary of the Local Government; (g) the Chairman shall countersign the Annual Performance Evaluation Report of the Heads 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 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. Consultation by Chairman. The Chairman shall exercise his powers in consultation with the Vice- Chairman, and the Secretary.

25. Establishment of Executive Committee. (1) There shall be established an Executive Committee otherwise known as Exco comprising: (a) Chairman (b) Vice-Chairman (c) Supervisors (d) Secretary (2) The Chairman shall hold meetings with members of the Executive Committee at least once a week. (3) the Chairman shall hold regular meetings with the Vice-Chairman, Supervisor and Secretary for the purpose of: (a) determining the general direction of the Policies 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. (4) A meeting to which subsection (2) of this section relates shall be held not more than One month from the date of the previous meeting; (5) The Executive Committee shall have power to recommend disciplinary measures against any staff of the Local Government Council to the Service Commission for misconduct. (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. Setting up 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 to 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 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 to Account for tenure. 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 shall be placed on compulsory leave by the House 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 inquiry, the Order of Precedence shall apply.

31. Removal of Chairman or Vice- Chairman from office. (1) A Chairman or Vice-Chairman may be removed office for misconduct or any breach of the following: - (a) declaration of asset and or liabilities (b) any provision of this law and (c) Oath of Allegiance or Oath of Office. (2) Chairman or Vice-Chairman may be removed from office through either of the following procedures: where one or of the grounds in subsection (1) of this section is raised against a Chairman or Vice-Chairman; he may by a resolution supported by two-third majority of the elected Councilors in the council be recommended to the House for removal from office. (3) The House upon of the resolution from the legislative House of the council shall cause the charge to be a standing committee or special committee of the House 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 of the members of the House ordered to be removed from office. (5) Where One or more grounds in subsection (1) of this section is raised against a Chairman or Vice-Chairman by way of a resolution of the State House of Assembly, he shall cause to summoned to appear before a standing committee of the House or a special committee for the purpose of conducting an investigation thereof. (6) Where a Chairman Vice-Chairman as may be, is investigation as provided for in subsection (2) of this he shall be placed immediately on suspension pending the outcome of investigation. (7) A Chairman or Vice-Chairman on being removed from office shall cease to act as Chairman or Vice-Chairman 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 the Legislative House it is declared that Chairman or the Vice-Chairman is incapable of discharging of his office; and (b) the declaration is 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 of the 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 discharging the functions of his office, a notice of the medical report signed by the Speaker pf the House shall be published in the State Gazette. (3) 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 discharging the functions of his office, a notice of the medical report signed by the Speaker pf the House shall be published in the State Gazette. (4) The medical panel referred to in this section Shall be appointed by the Speaker of the House and shall comprise three medical practitioners in the State. (a) one of whom shall be the personal physician of the officer concerned, and (b) two other medical practitioners.

33. Vice- Chairman to hold office of in case of death. (1) The Vice-Chairman shall hold the 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; (b) by his assumption of the office of Chairman in accordance with subsection (1) of this section; (c) or for any other reason; the Chairman shall nominate a new vice Chairman subject to the confirmation of the Legislative House.

34. Delegation by Chairman of specific Executive responsibilities to Vice- Chairman and Supervisor. (1) The Chairman may assign to the Vice-Chairman specific responsibilities in respect of the business of the Local Government Council. (2) The Chairman may assign to a supervisor additional responsibilities outside the ones which by rules and convention fall within the portfolio of his supervisory Councilors. (3) The Chairman shall hold regular meetings with the Vice-Chairman and all the Councilors for purpose of: (a) determining the general direction of the policies of the Local Government Council. (b) coordinating 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 Councillor shall be elected from each State electoral Ward Of a Local Government Area.

36. Qualifications for Councillor to hold Office. 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. Disqualifi cation 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 nany 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 Council or Area Council; or (g) he is a member of a secret society or (h) he is disqualified by a law passed by the House from holding any public office in Local Government council; or (i) he has indicted for embezzlement of fraud by a Bourd 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; if an appeal against the decision is pending in a coun of law in accordance with any law in force in Nigeria. subsection (l) 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" includes 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. Oaths Of Allegiance and Office. (1) A person elected as a Councillor or appointed a Supervisor 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 of an election is also guilty of an offence liable upon conviction to 6 months imprisonment with an option of fine.

39. Resignation/ Removal of Councillor from office. (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 becomes a member of another political party before the expiration Of the period for which he was elected; provided that his membership Of the latter political party is not a result Of the division Of the political party or a merger Of two or more political parties Or factions by one Of which he was previously sponsored; (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 Leader of the Legislative House 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) Leader of the Legislative House shall give effect to subsection (1) of this section, so however that the Leader of the Legislative House, 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. 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.

41. Main Functions. Subject to the provisions of the Constitution, the main function 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 llcences; (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 convenience; (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 tenements for the purpose of levying such rates as may be prescribed by a Law of the House; (j) control and regulation of: (i) movement and keeping of pets of all description; (ii)shops and kiosks; (iii)restaurants, bakeries and other places for sale of food to the public; (iv) laundries; and (v) 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 of Legislative House. (1) The legislative powers of the Local Government Council shall be vested in the legislative House. (2) The legislative House shall comprise all the elected 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 by the Councillors from among themselves. (2) The Leader shall preside at the sittings of the Legislative House and in his absence the Deputy Leader.

45. Vacation Of office Of Leader/Deputy Leader. A Leader or Deputy Leader shall vacate office: (a) if he ceases to be a Councillor; (b) when the Legislative House becomes dissiolved;

46. Sittings. (1) The Legislative House shall sit for a period of not less than 181(One hundred and eighty one) days in a year. (2) No member of the Executive Arm, shall attend the sittings of the Legislative House except under summons or by invitation. (3) Where the Legislative House does not sit for a period of 90 (Ninety) days and any time a legislative House is unable to perform its functions, the House may make laws for the peace and good governance of the Local Government.

47. Quorum of Legislative House. The quorum shall be one-third of all the members of the Legislative House. 48. Official language of a Legislative House. The business of the Legislative House shall be conducted in English.

49. 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.

50. Mode Of exercising Legislative Power. (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. (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.

51. 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. 52. Power to appoint Committee. A Legislative House may appoint a Committee of its members for any special or general purpose as in its opinion would be better regulated and managed by means of such Committee, and may by resolution, regulation or otherwise as it thinks fit, delegate any functions exercisable by it to any such Committee. 53. Dissolution of Legislative House. The Legislative House shall stand dissolved at the expiration of its tenure.

54. Appointment Of Clerk of Legislative House. There shall be a Clerk of the legislative House and such other staff as may be prescribed by a regulation made by the Service Commission and the rnethod of appointment of the Clerk and other staff shall be as in such regulation.

55. Establishment Of Consolidated Revenue. (1) All revenues or other monies raised or received by a Local Government Council shall be paid into and form one Consolidated Revenue Fund Of the Council. (2) No money 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 monies has been authorized by an Appropriation Bye-Law or Supplementary Appropriation Bye-Law under this Law. (3) No money 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 authorized 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 section 41 and 42 of this Law unless such a rate, fee or charge is authorized 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.

56. Cash Budget Committee. (1) There shall be a cash Budget Committee commsing Chairman, Vice-Chairman, Secretary Supervisors, Head of Personal Management and Treasurer which shall sit over the income and Of Council and authorize 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.

57. Authoritation 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, authorize 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 authorized 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 proceeding financial year.

58. 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 purpose in fulfilment for its lawful function. (2) Any loan raised by virtue of subsection (1) of this section shall be secured upon the property and revenue of the Local Governmænt Council.

59. Approved remuneration of certain office holders. (1) The Salaries and Allowances of the Chairman, Vice-Chairman and the Clerk of the House shall be as provided for by the Delta State Remuneration, Salaries and Allowances, Gratuities and Pensions of Public officers Holders and Bodies Law applicable from time to time. (2) The remuneration, salaries and allowances payable to the holder 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. (3) The remuneration and salaries including conditions of service of the Other staff Of a Council, shall be as prescribed by the regulation relating to the Local Government service, and shall not be altered to their disadvantage after their appointment. 60. 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 Supervisors of the Local Govern ment Councils; or (b) the Special Adviser or Assistant to the Chairman; or (c) 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 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 10 appoint one Special Adviser and one Personal Assistant from outside the Local Government Service Commission personal aides. (4) The Vice Chairman shall be entitled to appoint One Personal Assistant as personal Aide. (5) (a) the Chairman of each Local Government Council shall in consultation with the Honourable Members representing the Local Government Area in the House appoint 25 project monitors in each Local Government Council; (b) the appointments in sub-section (5) (a) shall be made subject to the confirmation of the House. (6) There shall be paid to the holders of the office in subsection (4) such amounts as may be determined by the Chairman as monthly allowance/salary without any other benefit whatsoever.

61. Supervisors. (1) There shall be 5 Supervisors of the Local Government Council, irrespective of the number of departments. (2) The 5 Supervisors shall be appointed by the Chairman of the Council, subject to the confirmation of the legislative House. (3) The Chairman of a Local Government Council shall hold regular meetings with the Vice-Chairman and all Supervisors of the Council for the purpose of: (a) determining the general direction of the policies of the Local Government Council; (b) co-ordinating the activities of the Chairman, the Vice-Chairman and the Supervisors 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.

62. Approved Departments of Local Government. (1) Each Local Government Council shall, for the purpose of effective administration, be divided into ten 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; (j) Budget, Planning, Research and Statistics. (2) The departments 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. [Head of Department.] (3) 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 N2,000000.00(Two million naira). (4) 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.

63. Secretary of 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 the confirmation by the House. (2) The Secretary shall be responsible for the following function: (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 departments of the Local Government Council; (c) on behalf of the Chairman, liaise with the Local Government Legislative House through the Leader of 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.

64. Appointment of Staff of Local Government Council. (1) There shall be such other offices 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 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, as amended.

65. Other major offices of Local 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 the first schedule to this Law.

66. Head of Personnel Management. The Head of 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 Goveriment Council.

67. Treasurer Local Government. The Treasurer of a Local Govemment 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 authorized 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; (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.

68. Local Government Farm Projects. (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 to be known as Farm Projects Accounts. (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 Projects Account shall be the Head Of Personnel Management (H.P.M.) and the Head of Department (H.O.D.) of Agriculture.

69. 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.

70. Presentation Of Memorandum. The Chairman or a Supervisor 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 Supervisor.

71. 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.

72. Standing Committee. (1) An Executive Committee may set up standing Committees and adhoc committee to handle specific assignments including the collection of rates, levies and other revenue due to a Local Government Council. (2) The standing committee shall include the peace and security committee, the Police/Community Relations Committee and the cash Budget Committee. (3) The peace and security committee Shall be composed as follows:- (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 Incal 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. (4) The Secretary of the Local Government shall act as Secretary of the committee. (5) 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. (6) 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. (7) The committee shall assess the reactions Of the people on government policies and programmes with a view to offering suggestions for modification. (8) The Police/Community Relations Committee shall be composed as follows:- [Police/Community Relations Commitee] (a) the Local Government Vice-Chairman as Chairman; (b) the Chairman of the Traditional Council or his representative; (c) the most Senior Police officer in the Local Government; (d) a representative Of the local branch of the Christian Asso ciation of Nigeria; (e) the head of the Council Legal Department. (9) 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 irnprove ment in respect Of the performance of Police duties in the Local Government Area; (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. (10) The function of the Cash Budget Committee shall be to ensure that all items of expenditure are tied to a sub head based upon approved expenditure estimates. [Cash Budget Committee] (11) The minutes of the meetings of the Cash Budget Committee shall be signed by members in attendance for validity.

73. - (1) The spending limits for Chairman Of a Local Government Council without recourse to the Executive Committee shall be N200,000.00 (Two Hundred Thousand naira) only provided the monthly cumulative approvals shall not exceed the sum of N 1,000,000.00(One million Naira only). (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 authorization/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 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. (5) 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 N500,000.00 (Five Hundred Thousand naira) only approved as security vote for the Chairman. (6) Any violation of the provisions of this section by any person or group of persons amounts to an offence punishable on conviction to three months imprisonment with an option of fine.

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

75. Pension Right. (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.

76. In-service Seminars, 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) Subject to the approval Of the House, the Chairman, the Executive Committee members and the Legislative House members shall not attend seminars, workshops or conferences more than four times in one year. (3) One percent Of Councils' allocation 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.

77. 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.

78. 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 utilization. (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 to reports for the consideration and approval of the Ministry.

79. 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 be persons Of unquestionable integrity. (2) The Chairman and the members Of the Commission shall be nominated by the Governor and their appointment shall be subject to the confirmation by the House. (3) Membership of the Commission shall be full-time.

80. Power of Service Commission in respect of its offices. (1) The Service Commission shall, without prejudice to the powers vested in the Governor, the State Judicial Service Commission and 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 all categories of staff of the Commission; (b) serve as appellate body for all petitions arising 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.

81. Tenure 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.

82. Annual Financial Report. As soon as possible, but not exceeding two calendar months 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.

83. Pensions and Gratuity. 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 retirement benefits.

84. 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.

85. Independence of the Commission. In exercising its power to appoint or to exercise disciplinary control over persons, the Service Commission Shall not be subject to the direction or control of any other authority.

86. Commission's Procedure. The Service Commission may prescribe the procedure for the conduct of its meeting.

87. Meetings 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.

88. Validity of proceedings. The validity of any proceedings of the Members 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.

89. Ministry/ Directorate of Local Government. There shall be a Directorate of Local Government which shall coordinate the affairs of, and exercise supervisory powers over the Local Government councils subject to the House. 90. Auditor- General (Local Government). (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) 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.

91. Appointment of Auditor-General for Government in the State and Audit of Public Accounts Of Local Government Council. (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 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 year or a longer period as the House 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 121 days of receipt of Local Government Annual Financial Statements submit his report to the House 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 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.

92. 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 authorize 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 authorized by the Auditor-General, the accountancy fees paid by the Local Government Council shall be surcharged against the office(s) whose duty it is to prepare the accounts. 93. 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 authorizing 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 Councils; (c) any Chairman or other members or former Chairman or other members of a Local Government Council or committee of management appointed for the Council. (3) Notwithstanding the provisions of subsection (1) of this section, no liability to surcharge shall be incutTed 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.

94. Powers 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 witnesses on 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 Council or 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 60 days after it has been so certified, or if an appeal with respect to that sum has been made, within 30 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 shall be conclusive evidence o 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 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 30 days of the decision, or disallowance, 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 deems 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.

95. Establishment and Maintenance Of Fund. (1) Every Local Government Council shall establish and maintain a fund from which there shall be defrayed the expenditure incurred by the Local Government Traditional Rulers Council for its area of authority. (2) There shall be paid and credited to the fund: (a) 5% of the statutory allocation of such Local Government Council; (b) Such monies by way of grant to the Local Government Traditional Rulers Council as made to it by the State Government. (c) Such monies as may be payable to the Local Government Traditional Rulers Council under any Other enactment; and (d) The sum referred to in paragraph (a) Of subsection (2) Of this section shall where applicable be shared amongst the contri buting Local Governments in such proportion as the Governor may deem equitable. 96. Designation of polling units for 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 created by the Commission.

97. 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, the 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.

98. Qualification of persons seeking to contest elections. (1) A person shall not be qualified as a candidate to contest Govemment 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 (Fifty Thousand naira) only to the Commission. (e) in the case of a candidate contesting as a Councillor, he has made a deposit of N30,000.OO (Thirty Thousand naira) only; (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; (h) he is a registered voter in the ward or constituency in which he intends to contest the election; (i) 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; and (j) 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 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 Councilor, Chairman or Vice-Chairman, as the case may be.

99. Residency for the purpose of voting. (1) 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. (2) 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.

100. 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.

101. Conduct of elections. (1) Elections to the Local Government Councils shall be held on the same day throughout the State. (2) Notwithstanding subsection (1) above of this section, the electoral Commission shall appoint a date for the conduct of election in any Local Government Council where election could not take place. 102. Open Secret ballot. Voting shall be by Open secret ballot. 103. Appointment and supervi sion of officers. 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 matters contained therein.

104. Election procedure rules Shedule 4. The rules of the procedure to be adopted at the election shall be as set out in Schedule 4 to this Law.

106. Breach Of official duty. (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 shall, 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) performs that duty fraudulently, negligently, or recklessly; or (c) is guilty of any act or omission in breach of that duty; shall be guilty of an offence and is liable on conviction to a fine of N100,000 Or imprisonment for 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.

107. Secrecy of voting to be maintained. (1) Every Electoral Officer, Assistant Electoral Officer, Returning Secrecy of Officer, Assistant Returning Officer, Presiding Officer, Poll Clerk, Poll Orderly or any other officer appointed under paragraph 4 of Schedule 3 to this law concerned in the conduct of any 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 this section shall, except for some purpose authorized by law, communicate to a person before the poll is closed, 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 person 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 N50,000.00 or imprisonment.

108. 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) impersonation; 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.

109. Impersonation. (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 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 impersonation. (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, applies at the same election for 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 impersonation. (3) A person who is guilty of impersonation or aiding, abetting, counseling or procuring the commission of offence of impersonation, is liable on conviction to a fine not exceeding N50,000.00 or imprisonment for one year or to both. (4) A person charged with the offences of impersonation shall not be convicted except on the evidence of not less than two witnesses. 110. Undue Influence. A person who - (a) inflicts or threatens to inflict by himself or by any injury, damage, 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 (b) 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. 111. Bribery/inducement on election day. (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 endeavour 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 or 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 to refrain from voting, or (ii) does any act referred to in sub-paragraph (i) 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 or 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 of 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 or 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 on 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.

112. Penalties. (1) A person who is guilty of corrupt practices, impersonation, treating, Penalties. undue influence or bribery, or of aiding, abetting, counselting or procuring the commission of any of these offences or any offence under this Law is liable on conviction to a fine not exceeding N 50,000.000 or imprisonment for a term Of one year or to both. (2) A person who is guilty Of impersonation, corrupt practices, treating, undue influence or bribery or of aiding, abetting, counseling or procuring, or procuring the commission Of any Of these offences shall, in addition to any of the punishment, not be eligible, during period Of five years from the date Of his conviction to be - (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.

113. Offences in Respect or 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 authorized 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 box 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 N50,000.00 or to imprisonment for a term not exceeding two years, or to both. (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.

114. 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 N 50,000.00 or imprisonment for a term of one year or to both.

115. 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 or imprisonment for a term of one year or to both.

116. Fraudulent use of Ballot paper. (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 N25,000.00 or imprisonment for a term of six months or to both. (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 N50,000.00 or imprisonment for a term of one year or to both. (3) For the purpose of section 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.

117. Offence 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 N200,000.00 or imprisonment for a term not exceeding 3 years or to both.

118. Disqualifi cation 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) be elected as a member of Local Government Council or if elected before his conviction, to retain his seat.

119. Disorderly conduct at 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 N50,000.00 or imprisonment for a term not exceeding one year or to both. 120. Polling day offence. (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, photograph 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 metres 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 in a place used for the counting of votes. (5) A person who contravenes the provision of subsections (1) (2) (3) or (4) of this section shall be guilty of an offence and be liable on conviction to a fine of N 50,000.00 or imprisonment for a term of one year or to both.

121. Offence in respect of counting votes. A candidate or an agent who records the serial number of a rejected Offence in 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 N 50,000.00 or imprisonment for term not exceeding one year or to both.

122. Disturbance at public meeting. 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 weapon or missile, is guilty of an offence and liable on conviction to a fine of N 100,000.00 or imprisonment for a term of three years or to both.

123. Conviction on disqualify ing offences to be reported. Where a person is convicted of an offence under this part of this Law which disqualified him from being elected as a member Of a Local Government Council, the Court by which he was convicted shall send to the Electoral Commission the judgement of the State Court and where the person convicted has appealed, the court which hear the appeal shall within 3 months send the judgment of the appeal to the Commission.

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

125. Trial of offence. (1) An offence committed under this Part of this Law shall be triable in High Court or 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 or by such officer in the Ministry of Justice or by an officer Of the Nigeria Police Force.

126. Establishment/ jurisdiction of electoral Tribunal. (1) There shall be established in the State at least six and at most nine election tribunals to be set up by the Chief Judge Of the State, not later than 7 days before the date of Local Government election known as Local Government Election Tribunals (in this Law referred to individually as an "Election Tribunal"). (2) the election tribunal 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 person 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. (3) An Election Tribunal shall consist of a Chairman hid ows members, all of whom shall be persons Of unquestionable integrity who have not been involved in party politics. [Composition of Election Tribunal.] (4) The Chairman shall be a legal practitioner who has qualified for not less than 15 years or is qualified to hold the office of a high court Judge and two members qualified for not less than 10 years in legal practice. [Composition of Election Tribunal.] (5) The Chairman and other members Shall be appointed by the Chief Judge of the State. [Composition of Election Tribunal.]

127. Election Petition. (1) No Local Government election 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 21 days from the date on which the result Of the election is declared.

128. Presentation of Election Petition. (1) An election petition may be presented by one or more of the following: (a) a person claiming to have a right to be elected or returned at the election; or (b) any political party sponsoring a candidate in 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 Election 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.

129. Ground for petition. (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 to contest the election (b) that the election was invalid by reasons of non compliance with the provisions of this law. (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 on which the election may be questioned.

130. 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.

131. Persons elected to hold office pending determination of Appeal. (1) 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. (2) if the Election Tribunal determines that a candidate returned as elected was not validly returned, the person elected remain in office until the 14 days for the appeal lapses.

132. Rules of procedure for Election Petition and Appeal. 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 this Law.

133. Voter not to be compelled to disclose election. Subject to the provisions of this Law, no person who has voted at an election held under this Law shall, in any legal proceeding arising Out of the election, be required to state for whom he voted. 134. Postponement of election. (1) Where a date had 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.

135. Custody inspection of documents. (1) The Electoral Officer shall retain for six months all documents and relating to an election forwarded to him in accordance with this Law and shall then, unless - (a) otherwise ordered by the Court or Electoral 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 polling 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.

136. Remuneration for Electoral 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.

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

138. Savings/ Transition. (1) Notwithstanding the provisions of this Law, the Transition and Caretaker Committee established pursuant to the Local Government Transition and Caretaker Committee (Appointment of members) Law, 2011 shall continue to operate and remain in force until the first elected Local to Government Office holders under the Law take their oaths of office. (2) Subject to subsection (1) of this section any act or thing done or purported to be done by the Local Government Transition and Caretaker Committees on or after 18th December, 2013 in conformity with the Local Government Transition and Caretaker Committees (Appointment of Members) Law, 2011 shall remain valid, binding and of full effect.

139. Repeal of Government Law 2004. The Local Government Law, 2004 as amended is hereby repealed.

140. Powers of Electoral Commission to adapt 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, 2013 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 Ehtiope East Isiokolo Ethiope West Oghara Town Ika North East Owa-Oyibu Ika South Agbor Isoko North Ozoro Isoko South Oleh Ndokwa East Aboh Ndokwa West Kwale Okpe Orerokpe Oshimili North Akwukwu-Igbo Oshimili South Asaba Patani Patani Sapele Sapele Udu Otor-Udu Ughelli North Ughelli Ughelli South Otu-Jeremi Town Ukwuani Obiaruku Uvwie Effurun Warri North Koko Warri South Warri Warri South West Ogbe-Ijoh ORDER OF PRECEDENCE OF PROTOCOL The following shall be the Order of precedence of protocol in council; (a) Chairman; (b) Vice-Chairman; (c) Leader of the Legislative House; (d) Deputy Leader of the Lcgislative House; (e) Councilors; (f) Secretary to the Local Governmenr Council; (g) Head of personnel Management; (h) Clerk of the legislative Housc; (i) Most Senior Head of Departtnent; j) Other staff of the Local Government. Schedule 2 DELTA STATE LOCAL GOVERNMENT LAW, 2013 OATH OATH OF ALLEGIANCE I . . . . . . . . . . . . . . . . . . . . . do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Repubric 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/SUPERVISOR 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/Vice-Chairman/Leader/Deputy Leader Councillor/Secretary/Supervisor of ......................................... Local Government Council/Area 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 I will strive 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/Secretary/Supervisor 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 directly 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/Secretary Supervisor of ............................... Local Government Council except as may be required for the due discharge of my duties as Chairman/ Vice-Chairman/ Leader/ Deputy Leader/ Councillor/Secretary/ Supervisor; 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, 2013 APPOINTMENT AND SUPERVISION OF OFFICERS Appointment of 1. (1) For each Local Government Area there shall be an Electoral Officers. 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. Appointment of other (3) The Electoral Commission may, in any case it considers Officers for the Conduct expedient, appoint more than one Electoral Officer for a Local of Election. Government Area or an 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 Electoral Commission may appoint a person to be Assistant Electoral Officer for the conduct of an election of 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 of this paragraph shall have the functions imposed 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 Officers 3. An Electoral Officer shall exercise supervision over acts of by Electoral Officer. 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 4. The Electoral Commission may appoint' in respect of an to exercise supervisory area of a State, an officer or officers (by whatever name function over conduct of called) to exercise supervisory functions. under the directions Election. 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. 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 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 6. (1) A person who by reason of his holding or acting in an Membership of Local office has a responsibility for, or connection with the conduct Government Council of, an election of a Local Government Council or Arta Council etc. shall be disqualified from membership of that 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, 2013 PROCEDURE AT ELECTIONS

Noticeof Election. 1. (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) indicate 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 2. (i) Every political party shall, on such day as may be specified by clearance etc. or the Electoral Commission before the date appointed for the election, Candidate D.S.C.F deliver to the Electoral Commission- 001 Schedule a) in Form DSC.F001 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 DSC.F. 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. (ii) The Electoral Commission shall, not later than 21 days after receipt of the lists, referred to in sub-paragraph (1) (b) of this paragraph, deliver to the political party- (a) in Form DSC.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 DSC.F. 004 set out in Schedule 6 to this Law, a separate list of the candidates rejected by the Electoral Commission. (iii) Where a candidate is omitted by the Electoral Commission it shall afford the political party concerned an opportunity, provisions subject to the other of this Law, of substituting another candidate for the candidate so rejected. (iv) An shall appeal to the Electoral Commission against the rejection of a candidate shall be in Form D.S.C.F. 005 set or put in Schedule 6 to this Law. Nomination of 3. (1) Each candidate for the post of: Candidates a Councillor shall be nominated in writing by 10 persons whose names is on the register of voters for the ward in respect of which an election to be held; and a Chairman shall be nominated by 10 persons whose names appear on the Government of voters in cach of at least two-thirds of the wards in the Local Area in respect of which the election is to be held. Forms DSEC 4F (2) The nomination may be as in Form DSEC 4F or 4G set out in persons Schedule 6 of this Law and shall be subscribed by the candidates and by the nominating him and contain the following particulars: (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 on behalf of the candidate. Electoral and (4) Each candidate or one of the persons nominating him shall deliver Return or Deposits 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 0'clock in the afternoon of the fourteenth day before the election. (5) 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 desire 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 agent.

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 this 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 deposited shall be returned to the candidate or his personal representative if: (a) the nomination of the candidate is invalid for any reason other than that a nomination form was delivered by him on his behalf in more than one ward or constituency; as the case may be; or (b) the candidate dies before the date of election; (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 votes cast for the winning candidate. (4) A deposit which is not refundable shall be retained by the Electoral Commission as revenue. Validity of 5. (1) When a nomination paper is delivered and a deposit is made in Nomination. accordance with this Law, the candidate shall be deemed to stand nominated, unless and until - (a) the Electoral Officer decides that the nomination paper is 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 nominated in more than one ward or constituency, as the case may be; or (d) that the nominators of the candidate or 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 provisions 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 decisions shall only be subject to review by an Election Tribunal as provided for in this Law. Form DSECS (5) The Electoral Officer shall, within 48 hours of the receipt of a Schedule 6. 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. Publication of 6) Notwithstanding the provision of section (4) above, a candidate Statement of whose first nomination paper is adjudged to be invalid by the persons Electoral Officer shall be permitted to submit a second nomination nominated. paper within a specified time. 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 a places appointed for the delivery of nomination paper and in such other manner 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 7. A candidate may withdraw his candidature by notice in writing candidate. signed by him, and delivered by himself, to the Electoral Officer not later than one O'clock in the afternoon of the fourteenth day before the election. Death of candidate. 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. Multiple 9. If a nomination form signed by a candidate and by the persons nomination. nominating him is lodged in more than one ward or constituency, his candidature shall be void in each ward or constituency.

Extension of 10. (1) If at the close of the nomination in an election to the office of nomination. 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, 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 subparagraph (1) (2) and (b) of this paragraph for election to the office of Chairman, only one candidate remains duly nominated, that candidate shall be declared returned unopposed. Declaration of the 11. (1) A candidate for an election to the office of the Chairman shall winner. be deemed to have been elected where, there being only two candidates 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. Run of election. 12. (1) If no candidate is duly elected in accordance with sub- paragraph (2) of this paragraph, there shall be a second election in accordance with subparagraph (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 number of wards, so however that where there are more than one candidate, the one among them with the highest number of votes cast at the election shall be the second candidate for the election. (2) 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 in each of at least two- thirds of the wards in the Local Government Area. (3) 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. (4) For the purpose of an election under this paragraph, a Local Government Area shall be regarded as one constituency. Uncontested 13. If after the latest time for the delivery of nomination papers and Election of the withdrawal of candidate for an election to the office of Councillor Councillor. only one candidate remains duly nominated, that candidate shall be declared returned unopposed. Contested Election 14. If after the latest time for the delivery of nomination papers and of Councillor. 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. Issues of Certificate 15. Where a candidate is declared elected unopposed, a certificate of of return to return shall be issued to him by the Electoral Commission and the persons returned return shall be published along with the returns of other successful unopposed. candidates at the election. Lack of nominated 16. Where no candidate remains nominated in any ward or candidate. constituency on the date appointed for the election, the Electoral Commission shall fix another date for the election.

Ascertainment of 17. The result of the poll shall be ascertained by counting the votes result of poll. cast for each candidate at the election. Arrangement for 18. (1) For every contested election under this Law a poll shall be contested Election taken and a Presiding Officer appointed by the Electoral Commission Schedule 3. shall be in charge of each polling station or unit. (2) The Electoral Commission shall- (a) appoint sufficient number of polling stations or units 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 units; (b) assign, in respect of each polling stations or units 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 voters can record their votes in secret; (d) furnish each Presiding Officer with such ballot boxes or other containers and ballot papers 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 be 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 stations or units in respect of each ward or 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. From Ballot Paper. 19. 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 printed or stamped bearing t he same serial number as is on its back. Polling Agent. 20. (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 impersonation. (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 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 o the Electoral Office notice in writing of the name and address of the Polling Agent so appointed. 21. (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 hours 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. 22. The Presiding Officer shall cause to be place 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 23. Immediately before the commencement of the voting, the Boxes. 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.

24. (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 at 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 delivery 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 election is 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 delivers the ballot papers 10 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 in 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 demote the ballot papers have been received by the voter but without showing the serial number 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 Voter not permitted 25. (1) No voter shall be permitted to vote at a polling station or unit to vote in polling other than the one to which he is allotted. station not (2) The Presiding Officer shall regulate the admission of voters to the allocated to him. polling station or unit, and shall exclude all other persons except candidates, Polling Agents, Polling Officers and other person who in his opinion have lawful reason to be admitted. Impersonation by 26.(1) If at the time a person applies for a ballot paper. or after he applicant for ballot has so applied and before he has left the polling station, a Polling paper. 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 he held himself out to be, shall not be permitted to vote if he has not already voted, and if 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 27. (1) If a person presenting himself to be a voter named in the Paper. 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 voters; and (b) set aside in one of a number of separate 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 the register of shall be entered on a list to be called the tendered voters list, and this list shall be admissible in any legal proceeding arising of the election. Conduct in a 28. (1) The Presiding Officer shall ensure compliance with the polling station. 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 be removed from the polling station or unit by any police, or by any other person authorized 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 93) of this paragraph shall not so as to prevent a voter who is, otherwise entitled to vote at a station or unit from having an opportunity of so voting. Appointment of poll 29.(1) When the proceedings at a polling station or unit are in case of riot. interrupted or obstructed by riot or violence, the Presiding Officer may adjourn the proceeding 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 be close of the poll shall be construed accordingly. Closing of poll. 30. 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. 31.(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, Pall Orderly candidates or their agents and being to count the votes with the ballot papers kept face upwards. (2) During the counting of votes all rejected ballot papers shall be put in a special envelop. (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 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 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. Form DSEC 6B(1). (5) The result of the Councillorship election shall at the Ward Collation Centre be entered in Form DSEC. 6B(1) set out in the Schedule 6 to this Law and announced by the Ward Returning Officer. Form DSEC 6B (6) The result of Chairmanship election shall at the Ward Collation Schedule 6. Centre be entered in Form DSEC 6B set out in the Schedule 6 to this Law by the Ward Returning Officer and taken to be Local Government Collation. Form DSEC 6C (7) The result of the Chairmanship election shall at the Local Schedule 6. Government Collation Centre be entered in Form DSEC. 6C set out in the Schedule 6 to this law and announced by the Returning Officer. (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 paper 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 absence of the official mark, count that ballot paper. Endorsement of 32. (1) The Presiding Officer shall endorse the word "rejected" on a rejected paper. 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 objection to" Statement of 33. (1) The Presiding Officer shall prepare a statement showing the rejected paper. number of ballot paper rejected and shall on request allow a candidate or his agent to copy the statement. Returning Officer's 34. The decision of the Returning Officer to a question arising in decision. respect of a ballot paper be final, and shall be subject to review only on an election petition questioning the election. Recount. 35. 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. 36. When there is an equality of votes between candidates at an election, the electoral Commission shall set a new date for rerun election for the candidates whose votes are tied. Publication of 37. The Returning Officer shall cause to be posted at the office of the result of Election. Local Government Council a copy of the notice of the result of the elections in the Local Government. Custody of 38. The Returning Officer shall deliver all documents relating to the Document. conduct of the election to the Electoral Officer who shall ensure their safe custody. 39. A Poll Clerk may be authorized by the Presiding Officer to do an act which the Presiding Officer is required or authorized 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. Nonattendance of 40. Where in this Law an act or a thing is required or authorized to be Agents not to done by or in the presence of the agents of the candidates, the non- invalidate attendance of an agent at the time and place appointed for the proceedings. purpose shall not, if the act or thing is otherwise properly done, invalidate the act or thing done. Sealed certificate 41. A sealed certificate of return at an election in the form set out in of return to be schedule 6 under this Law shall be issued to every candidate who has issued to won an election under this Law. successful candidate. Schedule 5 DELTA STATE LOCAL GOVERNMENT LAW, 2013 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 replacing those Rules; "election" means the election in respect of the ward, constituency or the Loca Council to which an 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, th the Registry; "Registry" means a Registry of the Local Government Council Election Tribuna "Tribunal notice board" means a notice board at the registry, and where notic been given, a notice at the place of hearing. Hearing and 2. (1) An election petition shall be heard and determined by an Election Tribun Determination of from the decision of the Election Tribunal on an election petition shall be hear Petition. Election Appeal of Tribunal to be constituted by the Chief Judge. (2) State clearly the facts and grounds relied on to sustain the prayer of the e the election petition, the civil procedures, Rules are complied. Security for costs. 3. (1) At the time of presenting an election petition, the petitioner shall depos may become payable by him (o a witness - summoned on his behalf or to a re (2) The security shall be of such amount not exceeding M200,000.00 as the El 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 constitu (4) Where two or more persons join in the election petitioner, not flowing a de shall be sufficient. (5) If no security is given as required by this section there shall be no further p petition. Presentation of 4. (1) The presentation of an election petition shall be made by the petitioner Election Petition. if more than one) leaving it in person, or by the hand of the Solicitor, if any, na election petition, with the Registrar, and the Registrar shall if so required give Form DST.F. 001 set out in Schedule 6 of this Law. (2) At the time of presenting the election petition, there shall also be left a cop each respondent and seven other copies. (3) The registrar shall compare the copy of the election petition left in accorda of this paragraph with the original petition and shall certify it as true copy of t 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 p service and the publication of the petition, and for certifying the copies and, in election petition shall not be received, unless the Tribunal otherwise orders. Content of Election 5. (1) An election petition shall- Petition. (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 candidates and th winner of the election; (d) State clearly the facts and grounds relied on to sustain the prayer of the e the rules shall be complied with (2) The election petition shall be divided into paragraphs each of which, as ne confined to a distinct portion of the subject and every paragraph shall be num cost shall be allowed for drawing up or copying an election petition not substa 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 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 s foot of the election petition. (4) At the foot of the election petition there shall be stated an address for serv the judicial division, and the name of its occupier, at which address document may be left. (5) If an address for service and its occupier are not stated, the petition shall n Election Tribunal otherwise orders. (6) At the foot of the election petition there shall be added a note signed by th 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 1o the like eff the purpose of the election petition. Further Particulars. 6. Evidence need not be stated in the election petition, but the Election Tribun particulars as may be necessary- (a) to prevent surprise and unnecessary expenses; (b) 10 ensure a fair and effectual hearing in the same way as in a civil action i (c) on such terms 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 pe Registrar with the address of the respondent's abode or the address of a place be effected on the respondent.

Action by Registrar. 8. (1) On the presentation of an election petition and payment of the requisite forthwith- (a) cause notice, in Form DST.F. 003 set out in Schedule 6 to this law, of the p petition and a certified copy of the election petition to be served on the respo (b) post on the Tribunal notice board a certified copy of the election petition; (c) send a certified copy of registered post or messenger to the person or auth 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 publish State concerned. (2) In the notice of presentation of the election petition, the Registrar shall sta seven days or more than ten days after the date of service of the notice within enter an appearance. (3) In fixing the time within which the respondent is to enter an appearance, t regard to - (a) the necessity for securing speedy hearing of the election petition; and (b) the distance from the Registry to the address furnished under paragraph 4 Service. 9. (1) Subject to sub-paragraph (2) and (3) of this paragraph, service on the re (a) of the documents mentioned in sub-paragraph (1) (a) of paragraph 8 of thi (b) of any other documents required to be served on him before entering an a personal. (2) Where the petitioner has furnished, under paragraph 7 of this Schedule the personal service can be effected on the respondent and the respondent canno Election Tribunal, on being satisfied, on an application supported by an affidav reasonable efforts have been made to effect personal service. may order that mentioned in sub-paragraph (1) of this paragraph be effected in any of the wa provisions of the Civil Procedure Rules for effecting substituted service in a civ be deemed to be equivalent to personal service. (3) The proceedings under the election petition shall not be vitiated notwithsta (a) the respondent may not have been served personally; or (b) a document of which substituted service has been effected pursuant to an paragraph (2) of this paragraph did not reach the respondent's hands and in e may be heard and continued as if' the respondent had been served personally shall be valid and effective for all purpose. Entry and Default of 10. (1) Where the respondent intends to oppose the election petition, he shall Appearance. (a) within such time after being served or deemed to be served with the petiti (b) where an order has been made under sub-paragraph (2) of paragraph 8 of other time (if any) may be stated in that order, enter an appearance by filing i memorandum of appearance stating that he intends to oppose the petition an address of the Solicitor, if any, or stating that he acts for himself, as the case giving an address for service within a post office in the Judicial Division and th which documents intended for the respondent may be left. (2) If an address for service and its occupier are not stated, the memorandum Election Tribunal otherwise orders. (3) The memorandum of appearance which may be in Form DST.F. 004 set ou shall be signed by the respondent or his solicitor, if any. (4) At the time a duplicate of the memorandum of appearance, the responden (a) leave a duplicate of the memorandum for each of the other parties to the p duplicates of the memorandum; and (b) pay the fees for service, and in default of the duplicates being left and the the memorandum shall not be filed, unless the Election Tribunal otherwise ord 11. (1) If the respondent does not file a memorandum of appearance as requir this Schedule, a document intended for him may be posted on the Tribunal no shall be sufficient notice of the document. (2) The non-filling of a memorandum of appearance shall not bar the responde election petition. Notice of Appearance. 12. The Registrar shall cause a duplicate of the memorandum of appearance t 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 ele election petition file in the Registry, his reply specifying in it which of the facts petition he admits or denies and setting out the facts and grounds on which h (2) Where the respondent in an election petition complaining of an under retu office for some person intends to prove that the election of that person was un reply shall state that intention and set out the facts and grounds on which he (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 solicitor shall have a d party to the election petition and three other duplicates of the reply and pay t default of the duplicate being left the reply shall not be filed, unless the Electi orders. Service of reply. 14. The Registrar shall cause a duplicate of the reply to be served on each par Amendment of Election 15. (1} Subject to the sub-paragraph (2) of this paragraph, the provisions of th Petition. Rules relating to amendment of pleading shall apply in relation to an election "any proceedings" in those provisions there were substituted the words "the e if any" (2) After the expiry of the time limited by- (a) sub-section (2) of section 87 of this Law for presenting the petition, no ame (i) introducing a fresh prayer in the petition or effecting an alteration of substa (ii) except anything which may be done under the provisions of sub-paragraph effecting a substantial alteration in or addition to the statement of facts and g the prayer; (b) and paragraph 13 of this Schedule for filing the reply, no amendment shall (i) alleging that the election of the person, if any, for whom the seat or office i undue, or (ii) except anything which may be done under the provisions of sub-paragraph effecting any substantial alteration in or addition to the admission or the denia and grounds set out in the reply. (3) The Election Tribunal in the hearing and determination of an election petiti confine its inquiry or findings to the issue raised by the election petition and th with or without ordering or allowing: (a) the amendment of a statement of the facts and grounds relied in support o 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 du by subsection (2) of section 125 of this Law for presenting an election petition otherwise raised or apparent, or any matter otherwise appearing, as the Elect necessary for the purpose of the full and proper determination of the election List of Objections of 16. (1) When a petitioner claims the seat or office for an unsuccessful candida votes. majority of lawful votes, a party complaining of and a party defending the elec (a) within 3 days after the filling of the reply; or (b) where no appearance is entered, not less than 6 days before the day fixed Registry a list of the votes intended to be objected to by him and of the heads (2) No evidence shall be given against the validity of a vote or on a head of ob list filed pursuant to sub-paragraph (1) of this paragraph except by leave of th may be given on such terms as to the amendment of the list postponement of costs as may be ordered. (3) The party delivering the list shall at the same time deliver a duplicate for e petition and three other duplicates and pay the appropriate fees for service, a and payment, the list shall not be filed unless the Election Tribunal otherwise (4) The Registrar shall cause a duplicate of the list to be served on every othe List of objections to 17. (1) When the respondent in a petition complaining of an undue return and Election. for some person intends to give evidence to prove that the election of that pe respondent shall, within three days after the filing of the reply, file in the Regi the election on which he intends to reply. (2) No evidence shall be given by a respondent of an objection to the election objection except by leave of the Election Tribunal which may be given on such the list, postponement of the hearing and payment of costs as may be ordere (3) Sub-paragraph (2) and (3) of paragraph 16 of this Schedule shall apply to t paragraph (1) of this paragraph. Further Particulars of 18. (1) 1f a party to the petition wishes to have further particulars or other dir Directives. Tribunal, he may, at any time after entry of appearance, not later than ten da reply, apply to the Election Tribunal specifying in his notice of motion the dire the motion shall, unless the Election Tribunal otherwise orders, be set down fo available day. (2} The party applying shall give notice of his motion to the other parties, and which is not apparent on the face of the documents already filed, he shall sup (3) If a party does not so apply, he shall be taken to require no further particu the party shall be barred from so applying after the laps of the period laid dow this paragraph except with the leave of the Election Tribunal. (4) Leave of the Election Tribunal under sub-paragraph (3) of this paragraph s supported by affidavit after notice to the other parties, and may be given in a as to costs and otherwise as may seem fit. 19. Every election petition shall be heard in open tribunal.

Open Tribunal time 20. (1) Subject to the provisions of sub-paragraph (2) of this paragraph, the tim and place of hearing of an election petition shall be fixed by the Election Tribunal and notice of the petition. Form DST.F. hearing which may be in Form DST.F,005 set out in Schedule 6 to this Law, sh 005 Schedule 6. at least five day before the day fixed for the hearing by- (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 bailiff to- (i) the petitioner's address for service; (ii) the respondent's address for service; (iii) the Electoral Officer. (2) In fixing the place of hearing, the Election Tribunal shall have due regard t accessibility from the place where the election was held. Notice of Hearing. 21. The Electoral Officer shall publish the notice of hearing by causing the cop which was appointed for the delivery of nomination papers to the election or t within the Local Government Area but failure to do so or any miscarriage relat hearing shall not affect the proceedings in any manner whatever. Pasting on Tribunal 22. The posting of the notice of hearing on the Tribunal notice board shall be d notice Board deemed good notice, and the notice shall not be vitiated by any miscarriage of, or rela to be good notice. the notice sent pursuant to paragraph 20 of this Schedule. Postponement of 23.(1) The Election Tribunal may, from time to time, by order made on the mo hearing. affidavit after notice to the other parties, or by notice in such form as the Elec postpone the beginning of the hearing of such day as the Tribunal may name. (2) A copy of the order or notice shall be sent by the Registrar by registered p Electoral Officer, who shall publish the order or notice in the manner provided Schedule for publishing the notice of hearing, but failure on the part of the Ele 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 notice. (4) Where the Election Tribunal gives a notice of postponement of its own mot shall be sent by the Registered post or messenger to the address for service g 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 a they do to the notice of hearing. Non-arrival of 24.If the Chairman of the Election Tribunal has not arrived at the appointed tim Chairman of Tribunal. which the hearing is postponed, the hearing shall ipso facto stand adjourned 1 from day to day.

Hearing to continue 25. (1) No formal adjournment of the Election Tribunal for the hearing of elect from day to day. necessary, but the hearing is to be deemed adjourned and may be continued hearing is concluded. (2) If the Chairman who begins the hearing of an election petition is disabled b may be recommenced and concluded by another Chairman appointed by the Adjournment of 26.(1) After the hearing of an election petition has begun, if the inquiry canno hearing. ensuing day or, if that day is a Sunday or a public holiday, on the day followin shall not be adjourned sine die but to a definite day to be announced before th Tribunal, and notice of the day of which the haring is adjourned shall forthwith on the tribunal notice board. (2) The hearing may be continued on a Saturday or on a public holiday if circu Powers of the 27. (1) All interlocutory question and matters shall be heard and disposed of b Chairman of Tribunal. shall have the control over the proceedings as a Judge in the ordinary proceed (2) After the hearing of the election petition is concluded if the Tribunal before prepared its judgment but the Chairman is unable to deliver it through illness may be delivered by one of the members, and the judgment as delivered shal Tribunal. and the members shall certify the determination of the petition to th Effect of 28. (1) At the conclusion of the hearing. the Election Tribunal shall determine determination. election or return is complained of or any other person. and what person, was whether the election was void, and shall certify the determination to the Elect (2) On a certification being given, the election shall be confirmed or subject to of this Law in the event of an appeal, a new election shall be held in accordan 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, appoint a date for the election. Withdrawal or 29.(1) An election petition shall not be withdrawn without leave of the Election Abatement of Petition. (2) Where there is more than one petitioner, no application for leave to withdr be made except with the consent of all the petitioners. Form DST.F. 006 (3) The application for leave to withdraw a petition shall be made by motion in Schedule 6 Schedule 6 to this law after notice to the respondent. (4) The notice of motion shall state the grounds on which the application is int shall be signed by the petitioner or petitioners or his or their solicitor in the pr (5) At the time of filing the notice the petitioner or petitioners shall leave a du (6) The petitioner or petitioners shall also file the affidavits required under par together with duplicates for each respondent and pay the requisite fees for se Memorandum of 30. (1) Before leave for withdrawal of an election petition is granted, the petit withdrawal. memorandum of withdrawal to that effect (2) Each memorandum shall state that - (a) to the best of the deponent's knowledge and belief no agreement or terms or have been made; and (b) no undertaking has been entered into, in relation to the withdrawal of the agreement has been made with respect to the withdrawal of the petition, the agreement and shall make the foregoing statement subject to what appears f (3) The memorandum of withdrawal of the applicant and his solicitor shall furt which the petition is sought to be withdrawn. Motion leave to 31. (1) The time for hearing the motion for leave to withdraw the petition shal withdraw. Tribunal. (2) The Registrar may give notice of the day fixed for the hearing of Tribunal t respondents and post or cause to be posted on the notice board a copy of the time fixed for the hearing. Respondents Cost. 32. If the election petition is withdrawn, the petitioner shall be liable to pay ap respondents. Abatement on Death. 33. (1) If a sole petitioner or the survivor of several petitioners dies then, subj (3) of the paragraph, there shall be no further proceedings on the election pet (2) The death of a petitioner shall not affect his liability for the payment of cos (3) Where notice, with a duplicate for each other party supported by the affida testifying to the death of a sole petitioner or of the survivor of several petition Registrar, he shall submit the notice to the Election Tribunal, and if the Electio 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 (c) cause notice thereof to be published in the Local Government Area or in th such form as the Election Tribunal may direct. Notice of no opposition 34. (1) If before the hearing of an election petition, a respondent, other than t to Petition. Presiding Officer, gives to the Election Tribunal notice in writing signed by him registrar that he does not intend to oppose the election petition, the Registrar (a) give notice thereof to the other parties; and (b) post or cause to be posted a notice thereof on the tribunal notice board. (2) The respondents shall file the notice with a duplicate for each other party n the day appointed for hearing the election petition. (3). A respondent who has given notice of his intention not to oppose the petit as a party against the election petition in any proceeding on it, but the giving itself cause him to cease to be a respondent. Countermand of notice 35.(1) Where a notice of- of hearing. (a) the petitioner's intention to apply for leave to withdraw an election petition (b) the death of the sole petitioner or the survivor of several petitioners; or (c) the respondent's intention not to oppose un election petition. Is received after notice of hearing of the election petition has been given, and begun, the Registrar shall forthwith countermand the notice of hearing. (2) The countermand shall give in the same manner and, as near as may be, a Discretion of Petition if 36. Where the respondent has not entered an appearance, or has not filed his no reply. time or within such time as the Election Tribunal may have allowed, or has giv intend to oppose the petition, then if - (a) there remains no more than one other candidate in the election who was n (b) the election petition contains no prayer for a determination that the electio (c) there are no facts or grounds stated in the election petition or in the reply, further particulars filed in the proceedings or otherwise appearing on proof of determined that the election was void; or (d) the election petition is one complaining of an undue return and claiming th candidate who was not returned and the respondent has not filed or list of obj of paragraph 17 of this Schedule.

The election tribunal may, if it deems fit, determine the proceedings on the el hearing evidence or further evidence, and in any case, the proceedings shall b on such evidence or otherwise as the Election Tribunal may deem necessary f determination of the election petition. Fees. 37. (1) The fee payable on the presentation of an election petition shall be #1 (2) A hearing fee shall be payable for the hearing of the petition at the rate of hearing but not exceeding N1200 in all, but the Election Tribunal may direct a any day of the hearing. (3) No fees shall be payable by the Attorney-General or any other Legal Office was the Electoral Officer or Presiding Officer at the election. (4) No fees shall be payable for the summoning of witnesses summoned by th motion. (5) A charge payable for the service of subpoena on a witness may be paid by way as a State witness's expenses. Allocation of cost. 38.(1) Al cost, charges and expenses of and incidental to the presentation of a the proceedings consequent thereon, with the exception of such as are otherw defrayed by the parties to the election petition in such manner and in such pr tribunal may determine, regard being had to: (a) the disallowance of any cost, charge or expenses which may - in the opinio have been caused by vexatious conduct, unfounded allegation or unfounded o petitioner or of the respondent; and (b) the discouragement of any needless expense by throwing the burden of de party by whom it has been caused, whether that party is or is not on the whol (2) Where the Election Tribunal declares an election to be void, it may, if satis election was due either wholly or in part to the culpable default of an officer re the election in the performance of his duties imposed by this Law, order that t 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 or c be returned to the person in whose name it is deposited or to the person entit the Election Tribunal, which may be made on motion after notice and proof th satisfied or otherwise sufficient provided for as the Election Tribunal may requ Payment of costs out 40. (1) The Election Tribunal may, on application made by a person to whom a of security. is payable, order it to be paid out of a deposit made to secure it after notice to the deposit was made requiring him to file a statement within a specified time application and the ground of his opposition. (2) Where a dispute arise on an application under sub-paragraph (1) of his par Tribunal shall afford every person affected by it an opportunity of being heard thereon as it may deem fit. (3) A person shall be deemed to have been afforded such opportunity if - notic the inquiry into the dispute was given to him, though the person may not have making of the inquiry. (4) A notice to be given to a person under this paragraph maybe given by 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 appl provisions of this subparagraph shall not preclude the giving of notice in any o may be given or which may be authorized by the Election Tribunal. (5) Execution may be levied an order for payment made by the Election Tribun the same manner and to the same extent as execution may be levied under a of money. Calling of Witnesses. 41. (1) On the hearing of an election petition, the Election Tribunal may summ 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 p Tribunal although the witness of person is not called and examined by a party thereafter he may be cross-examined by or on behalf of the petitioner and the (3) The expenses of a witness called by the Election Tribunal on its own motio Tribunal otherwise order, be deemed to be costs of the election petition and m on direct, be paid in the first instance by the Registrar in the same way as Sta recovered in such manner as the election tribunal may direct. (4) Where the Election Tribunal summons a person as a witness under this par the relevant Civil procedure Rules relating to the expenses of persons order to 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 inspecti election and relating to the way in which the votes of particular persons were (b) in the examination of any witness who produces or will produce a documen which the vote of a particular person has been given shall not be disclosed un the vote was given and the vote has been declared by the Election Tribunal to Privilege. 42. (1) A person called as a witness in a proceeding in the Election Tribunal sh answering a question relating to an offence at or connection with an election o answer thereto may incriminate or tend to incriminate himself, or on the grou (2) A witness who answers truly all question which he is required by the Electi be entitled to receive a certificate of indemnity under the hand of the Chairma stating that the witness has so answered. (3) An answer by a person to a question before the Election Tribunal shall not, criminal proceeding or perjury in respect of the answer, be admissible in any p in evidence against him. 4) When a person has received a certificate of indemnity in relation to an elec are at any time brought against him for an offence against provisions of this L to the date of the certificate at or in relation to that election, the Election Tribu the case shall, on proof of certificate stay the proceeding and may at its discre such costs as he may have been put in the proceeding. Evidence by 43. On the hearing of an election petition complaining of an undue return and Respondent. person, the respondent may, subject to the provisions of paragraph 13 (2) and evidence to prove that the election of that person was undue in the same man an election petition complaining of the election. Enlargement and 44. (1) The Tribunal shall have power, subject to the provisions of subsection ( Abridgement. and paragraph 15 of this Schedule, to enlarge time for doing any act or taking terms (if any) as the justice of the case may require. (2) An enlargement may be ordered although the application for the enlargem the expiration of the time appointed or allowed. (3) When the time for delivering a pleading or document or filing any affidavit doing any act has been fixed or limited by any of the sections, paragraphs or of this Law or by a direction or an order of the Election Tribunal, the costs sha making the application, unless the Election Tribunal shall otherwise order. (4) Every application for enlargement or abridgement of time shall be support (5) An application or abridgement or of time may be made exparte, but the El notice of the application to be given to the other part. (6) An application for enlargement of time shall be made by motion after notic Election may, for good notice to the other party but the Election Tribunal may affidavit or otherwise, dispense with the notice. (7) A copy of an order made for enlargement or abridgement of time shall be with any document filed or delivered by virtue of the order. Service of Notice. 45. (1) Where a summons, notice or document, other than a notice or docume 8 (1) of this Schedule, is required to be served on a person for a purpose conn petition, it may be served by delivering it to the person or by leaving it at his l the Local Government Area with any person there found who is resident of the 18 years of age or more. (2) After a party has given an address for service it shall be sufficient if, in lieu 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 solicito be found or, if the person is not found at his office, on the clerk there apparen (b) on the person named as occupier in his address for service whether the pe person is not found at the address; or (c) on the person there found apparently in charge, if such address is a place (d) on a person, other than a domestic servant, there found who is a resident to be 18 years of age or more. (3) A party may change his address for service by giving notice of his new add occupier to the Registrar and to each party, continue but until a notice is rece address for service shall to be his address for service. (4) Where service on one of the modes specified in this paragraph has proved Tribunal may, on being satisfied, on an application supported by an affidavit s that all reasonable efforts have been made to effect service- (a) order that service be effected in any of the ways mentioned in substituted procedure rules relating to service which service shall be sufficient; or (b) dispense with service or notice as the Election Tribunal may deem fit. Number of 46. Two or more candidate may be made respondents to the same petition an Respondent. sake of convenience be heard at the same time, but for all purpose (including 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 shall be considered and be dealt with as one petition unless the election tribun following a preliminary or other objections in limine.

Conduct of Electoral 48. (1) Where an election petition complains of the conduct of an Electoral Off Officer etc. Returning Officer, he shall for all purpose be deemed to be a respondent, but Presiding Officer or Returning Officer shall not be at liberty to give notice that oppose the petition except with the written consent of the Attorney General o (2) If consent is withheld by the Attorney-General under sub-paragraph (1) of Government shall indemnify the Electoral Officer. Presiding Officer or Returnin of costs made against him by the Election Tribunal on the hearing of the elect (3) Where an Electoral Officer, a Presiding Officer or Returning Officer is, or is to a petition, the Attorney-General of the State (acting in person or through an legal practitioner nominated by the Commission or a legal officer of the Comm Electoral Officer, Presiding Officer or Returning Officer. Duplicate of 49. In the absence of express provision for the returning of copies of duplicate documents. in connection with any step taken in the proceedings, the party taking the ste otherwise directs, leave with the registrar a duplicate of every document for e three other duplicates. Non-compliance with 50. (1) Non-compliance with any of the provisions of this Schedule, or with a r Rule etc. being in force shall not render any proceeding void, unless the Election Tribun proceeding may be set aside wholly or in part as irregular, or amended, or oth manner and on such terms as the Election Tribunal shall deem fit to ensure su (2) No application to set aside a proceeding for irregularity shall be allowed un reasonable time, or the party applying has not taken any fresh step after know (3) Where an application is made to set aside a proceeding for irregularity, the 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 instead of a certified copy. (5) An election petition shall not be defeated by an objection merely as to form to the competence of the petition. Application of Rules of 51. (1) Subject to the express provisions of the Law. the practice and procedu Court. (o an election petition shall be assimilated as nearly as may be to the practice Court in the exercise of its civil jurisdiction, and the Civil Procedure Rules or th the case may be, shall apply with such modification as may be necessary to re applicable, as if the petitioner and the respondent were respectively the plain civil action. (2) Subject to the provisions of the Law, an appeal to the Election Appeal Tribu accordance with the practice and procedure relating to appeal in civil cases of Schedule 6 DELTA STATE LOCAL GOVERNMENT LAW, 2013 FORM DSC.F.001 Confidential: DELTA STATE INDEPENDENT ELECTORAL COMMISSION Data form for persons seeking election to the Membership of Local Government Council. PART 1 A. PERSONAL PARTICULARS

1. Surname (in block letters) ........................................................................

2. Maiden Name (where applicable) ..................................

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

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

5. Residential Address .........................................

6. Marital Status .....................................................

7. Postal Address .............................................

8. Nationality ................................................

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

10. Place of Birth ....................................................

11. Date of Birth ..................................................

12. Local Government Area ...................................

13. State ...................................................

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

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

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

1. Primary schools ....................................................

2. Secondary school (including Teachers, Commercial. Technical and equivalent institutions) .......................................................................................

3. Tertiary Institutions (including Universities and Colleges) ....................................................................... C. EDUCATIONAL QUALIFCATION WITH DATES .......................................................................................................................... D. WORKING EXPERIENCE WITH DATES (State employer, nature of work, reason for leaving) ................................................................................................................................. E. POLITICAL EXPERIENCE AND ACTIVITIES (State political activities involved in, in the past, public offices held, reason for leaving office, dates, etc.) .................................................................................................................... F. GENERAL

1. Have you ever been tried in a court or tribunal for any criminal offence: If yes, give details of case and the findings of the court or 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 names and addresses of Clubs, Societies, Associations or Unions you belong to or have belonged to in the past ........................................................................................

5. Have you ever been involved in any bankrupt 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 yes, 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 sponsor you or is the Party's sponsorship being contested? State other known Contestants. ..........................................................................................................

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

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

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

12. Give any other information about your person and the reason for which you intend to contest theé 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 E. FOR OFFICIAL USE OF THE COMMISSION (Here record any independent information obtained or available about the subject) FORM DSCF 002 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/N NAME OF AGE SEX HOME WARD OR POST BEING EDUCA-TIONAL CANDIDATE ADDRESS CONSTITUTENCY CONTESTED QUALIFIC-ATION NB: Please attach folders of each Form together with other information candidate with evidence of particulars supplied in this on considered important. 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/N NAME OF AGE SEX HOME WARD OR POST PARTICULARS REMARKS CANDIDATE ADDRESS CONSTITUTENCY SOUGHT OF TO QUALIFICATIONS CONTEST NB: Please attach folders of each candidate with evidence of particulars supplied in this Form together with other information considered important. 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/N NAME OF AGE SEX HOME WARD OR POST PARTICULARS REMARKS CANDIDATE ADDRESS CONSTITUTENCY SOUGHT OF TO QUALIFICATIONS CONTEST NB: Please attach folders of each candidate with evidence of particulars supplied in this Form together with other information considered important. FORM DSCF 005 DELTA STATE INDEPENDENT ELECTORAL COMMISSION LOCAL GOVERNMENT COUNCIL ELECTION APPEAL AGAINST DISQUALIFICATION BY STATE CLEARANCE COMMITTEE Date: ..........................................

1. NAME OF CANDIDATE ..............................................

2. HOME ADDRESS ............................................................

3. WARD OR CONSTITUTENCY .........................................

4. LOCAL GOVERNMENT AREA ...........................................

5. STATE ...................................................

6. POLITICAL PARTY SPONSORING CANDIDATE .....................................

7. POST SOUGHT TO CONTEST ..........................................

8. REASON FOR DISQUALIFICATION COMMITTEE BY STATE CLEARANCE, IF KNOWN .....................................................................................

9. GROUNDS OF APPEAL .....................................................

10. FURTHER PERSONAL PARTICULARS OR INFORMATION LIKELY TO EXPLAIN AWAY CAUSE OF DISQUALIFICATION (ATTACH DOCUMENTS IF NECESSARY) ............................................................................................................................

11. REMARKS BY PARTY OFFICIAL CHAIRMAN OR SECRETARY OF THE PARTY ...............................................................................................................

12. I ........................................................................ HEREBY AFFIRM THAT THE ADDITIONAL INFORMATION GIVEN ABOVE TOWARDS THE CLEARANCE T CONTEST THE ELECTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE ................................................................... SIGNATURE OF APPLICANT

13. DECISION OF CLEARANCE APPEAL COMMITTEE ................................................................................ FORM DSEC 4F LOCAL GOVERNMENT LAW DELTA STATE INDEPENDENT ELECTORAL COMMISSION NOMINATION OF CANDIDATE FOR LOCAL GOVERNMENT CHAIRMANSHIP ELECTION To: The Chairman, Delta State Independent Electoral Commission, Asaba. 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 Nigeria citizen of not less than thirty five 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.

6. I am not undercharged bankrupt.

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 offense involving narcotic drugs under any law in force in or outside Nigeria.

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

13. My education qualification are:

14. I am sponsored by .................................................. and my running mate is .............................................. We the undersigned are the nomination committee 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 LOCAL GOVERNMENT LAW DELTA STATE INDEPENDENT ELECTORAL COMMISSION NOMINATION OF CANDIDATE FOR LOCAL GOVERNMENT COUNCILLORSHIP ELECTION To: The Chairman, Delta State Independent Electoral Commission, Asaba. 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 Councillorship election for .............................................. Local Government Area.

2. I am a Nigeria citizen of not less than thirty five 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.

6. I am not undercharged bankrupt.

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 offense involving narcotic drugs under any law in force in or outside Nigeria.

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

13. My education qualification are:

14. I am sponsored by .................................................. and my running mate is .............................................. We the undersigned are the TEN NOMINATION of the above candidate and are registered voters in the constituency in respect of which the candidate seeks to contest the Council Councillorship 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 LOCAL GOVERNMENT LAW 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............... 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 GOVT. AREA ................................... CODE NO ............... STATE ............................... CODE NO ............... NO OF VOTERS ON THE REGISTER IN FIGURES NO OF VOTERS ON THE REGISTER IN WORDS ................................................................................. SERIAL NOS OF VOTING CARDS ISSUED TO POLLING STATION ...... TO ................. SERIAL NOS OF VOTING CARDS ISSUED VOTERS .................... TO ................................... SERIAL NOS OF THE BALANCE OF UNUSED VOTING CARDS ........... TO ................. That I was the presiding officer for the election held on ..............Day of ................... at the above Polling Station That the election was CONTESTED/UNCONTESTED That the candidate / Parties scored the following votes: Voters scored by AAP 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 OFFICE .......................... SIGNATURE NAME & SIGNATURE OF APP AGENT ................................ NAME & SIGNATURE OF PDP AGENT .............................. NAME & SIGNATURE OF AD AGENT .................................... DELTA STATE INDEPENDENT ELECTORAL COMMISSION STATEMENT OF RESULT OF POLL FOR ELECTION OF COUNCILOR POLLING STATION ............................... CODE NO ............... WARD ................................. CODE NO ............... LOCAL GOVT. AREA ................................... CODE NO ............... STATE ............................... CODE NO ............... NO OF VOTERS ON THE REGISTER IN FIGURES NO OF VOTERS ON THE REGISTER IN WORDS ................................................................................. SERIAL NOS OF VOTING CARDS ISSUED TO POLLING STATION ...... TO ................. SERIAL NOS OF VOTING CARDS ISSUED VOTERS .................... TO ................................... SERIAL NOS OF THE BALANCE OF UNUSED VOTING CARDS ........... TO ................. That I was the presiding officer for the election held on ..............Day of ................... at the above Polling Station That the election was CONTESTED/UNCONTESTED That the candidate / Parties scored the following votes: Voters scored by AAP 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 OFFICE .......................... SIGNATURE NAME & SIGNATURE OF APP AGENT ................................ NAME & SIGNATURE OF PDP AGENT .............................. NAME & SIGNATURE OF AD AGENT .................................... SUMMARY OF RESULT 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 VOTE RECEIVED BY THE STATIONS CANDIDATES/PARTIES PARTY A PARTY B S/N CODE NAME Name of Name of Candidate Candidate IN FIG. IN IN FIG. 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 B/F TOTAL NO. OF VOTES CARRIED OVER NAME OF WARD RETURNING OFFICER ............. SIGNATURE............ DATE/STAMP................................ NAME AND SIGNATURE OF PARTY AGENT........................ PARTY A PARTY B PARTY C FORM DSEC. 6B (i) DELTA STATE INDEPENDENT ELECTORAL COMMISSION SUMMARY OF RESULT FROM POLLING STATIONS FOR ELECTION OF COUNCILLOR LOCAL GOVERNMENT AREA .......................... CODE ........................... LEVEL OF COLLATION................. WARD........... NAME OF WARD. .............. CODE.......... POLLING VOTE RECEIVED BY THE STATIONS CANDIDATES/PARTIES PARTY A PARTY B S/N CODE NAME Name of Name of Candidate Candidate IN FIG. IN IN FIG. 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 B/F TOTAL NO. OF VOTES CARRIED OVER NAME OF WARD RETURNING OFFICER ............. SIGNATURE............ DATE/STAMP................................ NAME AND SIGNATURE OF PARTY AGENT........................ PARTY A PARTY B PARTY C FORM DSEC. 6C DELTA STATE INDEPENDENT ELECTORAL COMMISSION SUMMARY OF RESULT FROM POLLING STATIONS FOR ELECTION OF CHAIRMAN OF COUNCIL LOCAL GOVERNMENT AREA ..........................

CODE ........................... LEVEL OF COLLATION................. WARD........... NAME OF WARD. .............. CODE.......... POLLING VOTE RECEIVED BY THE STATIONS CANDIDATES/PARTIES PARTY A PARTY B S/N CODE NAME Name of Name of Candidate Candidate IN FIG. IN IN FIG. 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 B/F TOTAL NO. OF VOTES CARRIED OVER NAME OF WARD RETURNING OFFICER ............. SIGNATURE............ DATE/STAMP................................ NAME AND SIGNATURE OF PARTY AGENT........................ PARTY A PARTY B PARTY C DELTA STATE INDEPENDENT ELECTORAL COMMISSION ELECTION OF LOCAL GOVERNMENT COUNCIL 20..... CERTIFICATE OF RETURN OF ELECTION UNDER THE LOCAL GOVERNMENT LAW I hereby certify that the Chairman elected for the ....................... 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: .................................................... DELTA STATE INDEPENDENT ELECTORAL COMMISSION FORM DSTF 001 IN THE LOCAL GOVERNMENT ELECTION TRIBUNAL OF DELTA STATE HOLDEN AT: .............................. BETWEEN .................................................) Petitioners .................................................) AND ...................................................) 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 this ............ day of ................ 20................ ........................... Registry For Service on: Petitioner: .......................................... FORM DSTF 002 PETITION IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL The Election to ...................... Local Government Council for the Ward / Constituency/ Local Government Area Held on the ..... day of ........ 20............. BETWEEN A.B .................................................) Petitioners C.D .................................................) AND E.F ...................................................) Respondents G.H ..................................................) The petition of A,B of ............ (or of A.B of ......... and C.D of .............. or as the case may be) whose names are subscribed.

1. Your petitioner A.B is a person who voted (or had a right to vote, as the case may be) at the above election (or claims to have had a right to be returned or elected at the above election) or was a candidate at the above election, and your petitioner C.D., 9 here state in like manner the right of each petitioner) ..........................................................................

2. And your petitioner(s) that the election was held on the .............. day of ............... 19 when A.B. (and C.D.) and E.F. (and G.H) were candidate.

3. And your petitioner(s) state (s) (here state facts and grounds on which the petitioner(s) rely). ........................................................... Wherefore your petitioner(s) pray(s) that it may be determined that the said E.F. (and G.H) was (were) not duly elected (or returned) and that the (or his) election was void or that the said A.B. (and C.D. was (were) elected and ought to have been returned, or as the case may be. Signed .............................. A.B ............................... C.D Signed before me this .......... day of ......... 20............. ........................... Registrar FORM DSTF. 003 NOTICE OF PRESENTATION OF PETITION IN THE LOCAL GOVERNMENT COUNCIL ELECTION TRIBUNAL OF DELTA STATE HOLDEN AT .................. BETWEEN A.B ................................................) Petitioners C.D .................................................) AND E.F ...................................................) Respondents 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 to this Law, otherwise proceedings on the petition may be continued and determined in default of your appearance and any document intended for you be posted up on the tribunal notice board, which shall be sufficient notice thereof. Dated this ............ day of ................ 20................ TO: ........................................... ............................................... ............................................... HOLDEN AT ............................... PETITION NO .................................. BETWEEN .................................................) Petitioners .................................................) AND ...................................................) Respondents .................................................) To: The Registrar, ..................................... Local Government Election Tribunal. Please enter appearance for .................... Who is ............................... In the above election petition. The name and address of his Solicitor are as follows: .................................................... .............................................. Dated this ............ day of ................ 20................ ........................ Signed For service on: Petitioner .................................................................................................................................................................. HOLDEN AT ............................... PETITION NO .................................. BETWEEN .................................................) Petitioners .................................................) AND ...................................................) Respondents .................................................) Take notice that the above election petition will be heard on ........... the ...... day of ............

20......... and on such other day as the Tribunal may determine. Dated this ............ day of ................ 20................ ........................ Registrar Address for Service: Petitioner ................................. Respondent .................................. HOLDEN AT ............................... PETITION NO .................................. BETWEEN .................................................) Petitioners .................................................) AND ...................................................) Respondents .................................................) TAKE NOTICE that this Honourable Tribunal will be moved on ........... the ...... day of ............ 20......... at the hour of 9'O clock in the forenoon or as soon thereafter as the Petitioner or Counsel on his behalf can be heard praying the Tribunal for an order enabling the Petitioner to withdraw the above petition on the following grounds: ............................................................................................ Dated this ............ Day of ................ 20................ ........................ Registrar ................................ For Service on ............................... Petitioner(s)/Solicitor Made this ............ Day of ................ 20................ .............................. Clerk House of Assembly FORM B The Auditor-General (Local Government). Date ................ Office of the Auditor-General Asaba. CERTIFICATE OF CLEARANCE THE ACCOUNTS OF.......................... LOCAL GOVERNMENT FOR THE YEAR ENDED.................... Following appeal received from various officers of the above named Local Government against the ......... Queries contained in our Audit Report of .......... amounting to N.......... the Public Account Committee of the Delta State House of Assembly lhorough and painstakingly re-examined the written answers to the queries together with the supporting documents presented and was satisfied with the explanation given by the respective officers involved. Thus, in exercise of the powers conferred on the Delta State House of Assembly as delegated to the Public Account Committee of the House in accordance with Section 91(5) - (6) of the Local Government Laws of 2013, the decision of the Auditor-General on the matter are hereby quashed and the entire queries issued stand closed against future reference. Signed: Signed: Secretary Secretary PAC. PAC. CC:

1. The Honourabie Commissioner, Ministry of Local Government and Chieftaincy Affairs, Asaba.

2. The Chairman, Local Government Service Commission, Asaba. Schedule 7 DELTA STATE LOCAL GOVERNMENT LAW, 2013 FORM A NOTICE OF INDICTMENT SECTION 93(6) Our ref: ....................... Date:....................... .................................................... ....................................................... ........................................................ Sir/Madam, I am directed by the Delta State House of Assembly to inform you that, you have been indicted of financial impropriety in the management of the finances of .....Local Government in its financial year ending 31st December.

2. The Sanctions imposed on you are as follows: (i) You are to refund within 90 days of receipt of this notice the sum N ...................... fraudulently spent by you. (ii) ............................................. (iii) ................................................ (iv) ..............................................

3. You are hereby further informed that after 90 days of non compliance to redeem the sanctions; your property shall be confiscated and publicly auctioned with a view to recovering the amounts so stated above. Secretary PAC Our Ref No: ....................... Date: .................................. ............................................ .......................................... .......................................... Above for your information and further necessary action on appropriate steps to be taken on the above named public officer to redeem the sanction imposed, please. Your obedient servant, Secretary PAC