PART VI—PROCEDURE FOR ELECTION TO AREA COUNCIL
98.—(1) The conduct of elections into the offices of Chairman, Vice Chairman and a member of an Area Council and the recall of a member of an Area Council shall be under the direction and supervision of the Commission in accordance with the provisions of this Act.
(2) The register of voters compiled and the polling units established by the Commission and any other regulations, guidelines, rules or manuals issued or made by the Commission shall be used for elections into the Area Councils or recall of a member.
99.—(1) There shall be elected for each Area Council in the Federal Capital Territory a Chairman and Vice-Chairman.
(2) There shall be a Councilor for each Electoral Ward in an Area Council of the Federal Capital Territory.
100.—(1) Subject to the provisions of this section, the Commission shall divide each Area Council into registration areas or Electoral Wards not being less than 10 and not more than 20 as the circumstance of each Area Council may require.
(2) The boundaries of each registration area or Electoral Ward shall be such that the number of inhabitants of the registration area or Electoral Ward is as nearly equal to the population quota as is reasonably practicable.
(3) The Commission shall review the division of every Area Council at intervals of not less than 10 years and may alter such registration area or Electoral Ward in accordance with subsection (1) to such extent as it may consider desirable in the light of the review.
(4) Notwithstanding subsection (3), the Commission may, at any time, carry out such a review and alter the Electoral Ward in accordance with the provisions of this section to such extent as it considers necessary in consequence of any amendment to section 3 of the Constitution or any provision replacing that provision or by reason of the holding of a national population census or pursuant to an Act of the National Assembly.
101. A person shall be qualified for election under this Part of this Act if he or she—
(a) is a citizen of Nigeria ;
(b) is registered as a voter ;
(c) has attained the age of 25 years for Councillor and 30 years for Chairman and Vice Chairman ;
(d) is educated up to at least School Certificate level or its equivalent ; and
(e) is a member of a political party and is sponsored by that party.
102.—(1) A person shall not be qualified to contest an Area Council election under this Act if he or she—
(a) subject to the provisions of section 28 of the Constitution, has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country ;
(b) is adjudged to be a lunatic or otherwise declared to be of unsound mind under any law in force in any part of Nigeria ;
(c) is under a sentence of death imposed on him or her by any competent court of law or tribunal in Nigeria ;
(d) within a period of less than 10 years before the date of an election to the Area Council, has been convicted and sentenced for an offence involving dishonesty or has been found guilty of contravention of the Code of Conduct ;
(e) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria ;
(f ) is a person employed in the public service of the Federation or of any State or Area Council, other than a person holding elective office, and has not resigned, withdrawn or retired from such employment 30 days before the date of election ;
(g) is a member of any secret society ;
(h) has within the preceding period of 10 years presented a forged certificate to the Commission ;
(i) has been dismissed from the public service of the Federation, State, Local Government or Area Council ; or
(j) has been elected to such office at any two previous elections in the case of Chairman.
(2) Where in respect of any person who has been—
(a) adjudged to be a lunatic ;
(b) declared to be of unsound mind ;
(c) sentenced to death or imprisonment ; or
(d) adjudged or declared bankrupt,
any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) shall not apply during a period beginning from the date when such 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), an “appeal” includes any application for an injunction or an order of certiorari, mandamus, prohibition, or habeas corpus, or any appeal from any such application.
103.—(1) Election into all the Area Councils shall be held on the same date and day throughout the Federal Capital Territory.
(2) Bye-elections to fill vacancies that occur in Area Councils shall be held within 30 days from the date the vacancy occurred.
(3) The date mentioned in subsection (1) shall not be earlier than 150 days before and not later than 30 days before the expiration of the term of office of the last holder of that office.
(4) Where a vacancy occurs more than three months before the day the Area Council stands dissolved there shall be a bye-election to fill the vacancy not later than 30 days from the date the vacancy occurred.
(5) Voting shall be by open-secret ballot.
104. The procedure for filing nominations and the casting and counting of votes for Area Council elections shall be the same as is applicable to other elections under this Act.
105.—(1) If after the expiration of time for the delivery of nomination papers and the withdrawal of candidates for election of Councillors under this Act only one candidate remains duly nominated, that candidate shall be declared returned unopposed.
(2) If after the expiration of time for the delivery of nomination papers and the withdrawal of candidates for election of Councillors under this section more than one candidate remains duly nominated, a poll shall be taken in accordance with the provisions of this Act.
(3) Where at the close of nomination for election to the office of Chairman, only one candidate—
(a) has been nominated ; or
(b) remains nominated by reason of the disqualification, withdrawal, incapacitation, disappearance, or death of the other candidate, the Commission shall extend the time for nomination by seven days :
Provided that where after the extension, only one candidate remains validly nominated there shall be no further extension.
106.—(1) A candidate for an election to the office of Chairman shall be deemed to have been duly elected to the office where being the only candidate nominated for the election he or she has—
(a) a majority of YES votes over NO votes cast at the election ; and
(b) not less than one-third of the votes cast at the election in each of at least two-thirds of all the wards in the Area Council :
Provided that where the only candidate fails to be elected in accordance with this subsection then there shall be fresh nomination.
(2) A candidate for an election to the office of the Chairman shall be deemed to have been elected where there being only two candidates for the election he has—
(a) a majority of the votes cast at the election ; and
(b) 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 Area Council, as the case may be.
(3) If no candidate is duly elected under subsection (2), the Commission shall within 14 days conduct a second election between the two candidates, and the candidate who scored the majority of votes cast at the election shall be deemed duly elected at the election.
(4) 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, he or she has—
(a) the highest number of votes cast at the election ; and
(b) not less than one-quarter of the votes cast at the election in each of at least two-thirds of all wards in the Area Council, as the case may be.
(5) If no candidate is duly elected in accordance with subsection (4), there shall be a second election in accordance with subsection (6) at which the only candidates shall be—
(a) the candidate who scored the highest number of votes at the election held under subsection (4) ; and
(b) one among the remaining candidates 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 total number of votes cast at the election shall be the second candidate for the election.
(6) In default of a candidate duly elected under the foregoing subsections, the Commission shall within 14 days of the result of the election held under the said subsections arrange for another election between the two candidates and a candidate at such an election shall be deemed to have been duly elected to the office of a Chairman of the Area Council if he or she has—
(a) a majority of the votes cast at the election ; and
(b) 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 Area Council, as the case may be.
(7) If no candidate is duly elected under subsection (6), arrangements shall be made within 14 days of the result of the previous election, for another election between the two candidates specified in subsection (6), and a candidate at this last election shall be deemed duly elected to the office of Chairman of the Area Council if he scores a simple majority of votes cast at the election.
107.—(1) If a person duly elected as Chairman dies before taking and subscribing to the Oath of Allegiance and Oath of Office, the person elected with him or her as Vice-Chairman shall be sworn in as Chairman who shall then nominate and with the approval of a majority of the members of the Area Legislative Council appoint a new Vice-Chairman.
(2) Where the Vice-Chairman is appointed from among the Councilors as the new Vice-Chairman, the Commission shall conduct a bye-election to fill the vacant seat created in the Ward from which the new Vice-Chairman has been appointed.
(3) Where the persons duly elected as Chairman and Vice-Chairman of an Area Council die before taking and subscribing the Oath of Allegiance and Oath of Office during which period the Area Council has not been inaugurated the Commission shall within 21 days conduct an election to fill the vacancies.
(4) If, after the commencement of poll and before the announcement of the final result and declaration of a winner, a nominated candidate dies—
(a) the Commission shall, being satisfied of the fact of the death, suspend the election for a period not exceeding 21 days ; and
(b) in the case of election into a legislative House, the election shall start afresh and the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh primary within 14 days of the death of its candidate and submit the name of a new candidate to the Commission to replace the dead candidate :
Provided that in the case of Area Council Chairmanship election, the running mate of the deceased candidate shall continue with the election and nominate a new running mate.
108.—(1) An Area Council shall stand dissolved at the expiration of a period of four years commencing from the date when the—
(a) Chairman took the oath of office ; or
(b) legislative arm of the Council was inaugurated, whichever is earlier.
(2) In the determination of the four years term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in office before the date the election was annulled, shall be taken into account.
109.—(1) A member of an Area Council shall vacate his or her seat in the Council—
(a) on the date given in his or her letter of resignation ;
(b) if he or she takes up full time paid employment at any level of the government or in the private sector ;
(c) if he or she becomes a member of a secret society or does any other thing disqualifying him or her from holding the office of Chairman or Councillor under this Act ; or
(d) if the Leader of the Area Legislative Council receives a certificate under the hand of the Commission stating that the provisions of section 113 of this Act have been complied with in respect of the recall of that member.
(2) The Leader of the Area Legislative Council shall give effect to subsection (1), so that the Leader shall first present evidence satisfactory to the Area Council that any of the provisions of that subsection has become applicable in respect of that member.
110.—(1) The Chairman or Vice-Chairman may be removed from office in accordance with the provision of this section.
(2) Whenever a notice of any allegation of gross misconduct in writing signed by not less than one-third of the members of the Area Legislative Council stating that the holder of the office of Chairman or Vice-Chairman is guilty of misconduct in the performance of the functions of his office, detailed particulars shall be specified and presented to the Speaker of the Area Legislative Council.
(3) The Leader of the Area Legislative Council shall, within seven days of the notice, cause a copy of the notice to be served on the holder of the office and each member of the Area Legislative Council and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the Area Legislative Council.
(4) Within 14 days of the presentation of the notice, whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice, the Area Legislative Council, shall resolve by motion without any debate whether or not the allegation shall be investigated.
(5) A motion of the Area Legislative Council that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-thirds majority of all the members of the Area Legislative Council.
(6) Within seven days of the passing of a motion under subsection (4), the Leader of the Area Legislative Council shall inform the Chief Judge of the Federal Capital Territory, Abuja, who shall appoint a panel of seven persons who, in the opinion of the Chief Judge, are of unquestionable integrity not being members of —
(a) any public or civil service ;
(b) a legislative house ; or
(c) a political party, to investigate the allegation as provided in this section.
(7) The holder of an office whose conduct is being investigated under this section shall have the right to defend his or herself in person or be represented before the panel by a legal practitioner of his or her own choice.
(8) A panel appointed under this section shall—
(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by an Act of the National Assembly ; and
(b) within three months of its appointment, report its findings to the Area Legislative Council.
(9) Where the panel reports to the Area Legislative Council that the allegation has not been proven, no further proceedings shall be taken in respect of the matter.
(10) Where the report of the panel is that the allegation against the holder of the office has been proved, then within 14 days of the receipt of the report, the Area Legislative Council shall consider the report and if by a resolution of the Area Legislative Council supported by not less than two- thirds majority of all its members the report of the panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.
111—(1) The Chairman or Vice-Chairman of an Area Council shall cease to hold office if —
(a) by resolution passed by two-thirds majority of all members of the Executive Council of the Area Council, it is declared that the Chairman or Vice-Chairman is incapable of discharging the functions of his or her office ; and
(b) the declaration in paragraph (a) is verified, after such medical examination panel established under subsection (4) in its report to the Speaker of the Area Legislative Council.
(2) Where the medical panel certifies in its report that, in its opinion, the Chairman or Vice-Chairman is suffering from such infirmity of body or mind as renders him permanently incapable of performing the functions of his office, a notice signed by the Speaker of the Area Legislative Council shall be published in the Official Gazette of the Area Council.
(3) The Chairman or Vice-Chairman shall cease to hold office as from the date of publication of the notice of the medical report under subsection (2).
(4) The medical panel to which this section relates shall be appointed by the Speaker of the Area Legislative Council and shall consist of five medical practitioners in Nigeria—
(a) one of whom shall be the personal physician of the holder of the office concerned ; and
(b) four other medical practitioners who have, in the opinion of the Speaker of the Area Legislative Council, attained a high degree of eminence in the field of medicine relative to the nature of examination to be conducted in accordance with the provisions of this section.
(5) In this section, the reference to “Executive Council of the Area Council” is a reference to the body of Supervisory Councilors of the Area Council, established by the Chairman and charged with such responsibility for the functions of government as the Chairman may direct.
112.—(1) The Vice Chairman of an Area Council shall hold the office of the Chairman of the Area Council if the office of the Chairman becomes vacant by reason of death, resignation, permanent incapacity or removal of the Chairman from office for any other reason in accordance with section 110 or 111 of this Act.
(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) during a period when the office of Vice-Chairman of the Area Council is also vacant, the Speaker of the Area Legislative Council shall hold office of the Chairman of the Area Council for a term of not less than three months, during which there shall be an election of a new Chairman of the Area Council who shall hold office for the unexpired term of office of the last holder of the office.
(3) Where the office of the Vice-Chairman becomes vacant—
(a) by reason of death, resignation, permanent incapacity or removal in accordance with section 110 or 111 of this Act ;
(b) by his assumption of the office of Chairman of an Area Council in accordance with subsection (1) ; or
(c) for any reason, the Chairman shall nominate and, with the approval of the legislative arm of the Area Council, appoint a new Vice-Chairman.
113. A member of an area council may be recalled as a member if —
(a) there is presented to the Chairman of the Commission a petition in that behalf signed by not less than one-half of the persons registered to vote in that member’s constituency alleging their loss of confidence in that member and which signatures are duly verified by the Independent National Electoral Commission ; 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.
