Local Government Transition and Caretaker Committees (appointment of Members) Law, 2007

LOCAL GOVERNMENT TRANSITION AND CARETAKER COMMITTEES (APPOINTMENT OF MEMBERS) LAW, 2007

1. Citation and commencement. This Law may be cited as the Local Government Transition and Caretaker Committees (Appointment of Members) Law, 2007, and shall come into force on the 29th day of August, 2007.

2. Interpretation. In this Law- "Committee" means the Transition -Caretaker Committee established under section 3 of this Law; "Electoral Ward" means the Federal Electoral Wards in a local government area; "Governor" means the Governor of Delta State of Nigeria; "House" means the Delta State House of Assembly; "Local Government" means a local government council; "member" includes the Chairman and Vice-Chairman of the Caretaker Committee; "State" means Delta State of Nigeria.

3. Establishment of Transition Committee. Notwithstanding anything to the contrary in the Local Government Law, 2004, there is hereby established a Transition Caretaker Committee for each of the local government councils that stood dissolved on the expiration of their tenure on the 18th of April, 2007.

4. Composition and appointment. (1) The composition of the Caretaker Committee which shall stand as the Executive Committee (EXCO) of a local government council shall consist of the following- (a) Chairman; (b) Vice-Chairman; (c) Secretary; and (d) members. (2) The Chairman, Vice-Chairman, Secretary and members shall be appointed by the Governor from the Federal Electoral Wards in the local government area of the State subject to confirmation by the House.

5. Qualification. (1) The Chairman, Vice-Chairman, and Secretary must possess a University degree/HND or its equivalent with 5 years Postgraduate experience. (2) A member other than the Chairman, Vice-Chairman and Secretary must possess a minimum of Senior Secondary School Certificate or its equivalent.

6. Emolument of the Committee. (1) The total emolument of members of the Committee shall be as contained in the Schedule to this Law. [Schedule.] (2) Members are not entitled to terminal benefit of any kind.

7. Tenure. Subject to the power of the Governor to remove a member or dissolve the Committee, the members of the Committee shall remain in office until the forthcoming Local Government Elections are held in the State and the elected office holders have taken their respective oaths of office.

8. Dissolution of the Committee. (1) The Governor shall have power to remove any member or dissolve the Committee if in his opinion it is expedient to do so. (2) The Governor in the exercise of his power is not obliged to give any notice for the dissolution of the Committee or the removal of a member.

9. Eligibility for election. (1) A member of the Caretaker Committee shall not be eligible to contest for any elective office in the local government council in the forthcoming Local Government Council Elections in the State. (2) No person shall be qualified as a member of the Caretaker Committee if he is entitled to benefit or is currently benefiting from a local government council by way of emolument or monetary payment by virtue of his previous election or appointment to such office.

10. Functions. (1) The executive powers of the local government council shall: be vested in the Chairman of the Committee subject to any resolution made by the House from time to time. (2) Chairman - The Chairman of the Caretaker Committee shall hold regular meetings with the Vice-Chairman and other members for the purpose of- (a) determining the general direction of the policies of the Local Government Caretaker Committee as regulated by the House; (b) co-ordinating the activities of the Chairman, Vice-Chairman and other members in the discharge of their executive responsibilities.

11. Vice-Chairman. The Vice-Chairman shall perform- (a) the duties of the Chairman in his absence; and (b) such functions as may be assigned to him by the Chairman from time to time.

12. Secretary. The Secretary shall be responsible for the following functions- (a) serve as the secretary to the meetings of the Caretaker Committee of the Local Government and shall maintain the records thereof; (b) co-ordinate the activities of the departments of the local government council; and (c) perform such other duties as may be assigned to him from time to time by the Chairman.

13. Members. Members of the Committee shall- (a) advise the Chairman in the performance of his duties; and (b) perform such other duties as may be assigned to them from time to time by the Chairman.

14. Repeal. This Law shall stand automatically repealed once the elected Local Government office holders for the forthcoming Local Government Elections take their oaths of office. LOCAL GOVERNMENT TRANSITION AND CARETAKER COMMITTEES (APPOINTMENT OF MEMBERS) LAW, 2007 [Section 6.] Member Total emolument (consolidated) monthly N (a) Chairman 160,000.00 (b) Vice-Chairman 120,000.00 (c) Secretary 140,000.00 (d) members 100,000.00