AKWA IBOM INDEPENDENT ELECTORAL COMMISSION LAW

2016

AKWA IBOM STATE INDEPENDENT ELECTORAL COMMISSION LAW

Commencement

Establishment and composition of Akwa Ibom State Independent Electoral Commission

Appointment and tenure

Qualification of Membership

Removal of members

Disqualification of members from holding elective office

Proceedings of Commission

A Law to provide for the establishment, composition and functions of the Akwa Ibom State Independent Electoral Commission and for o= ther matters connected with the elections to Local Government Councils in the St= ate.

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21st November, 2007

BE IT ENACTED by the House of Assembly of Akwa Ibom St= ate of Nigeria as follows:

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PART 1

ESTABLISHMENT AND COMPOSITION OF COMMISSION=

1.            (= 1)          There is hereby established for = the State, a body to be known as the Akwa Ibom State Independent Electoral Commission.

 

(2)          The Commission shall be a body corporate with perpetual succession and shall ha= ve power to sue and be sued in its corporate name.

 

(3)          The Commission shall consist of a Chairman who shall be the Chief Electoral Commissioner and not less than five but not more than seven other members in the known as Electoral Commissioners.

2.            (= 1)         

The Chairman and other members o= f the Commission shall be appointed by the Governor and the appointment shall be subject to confirmation by the House of Assembly.

(2)          The Chairman shall be the Chief Executive and the accounting officer of the Commission.

(3)         

A = member of the Commission shall hold office for a period of five years from the dat= e of his appointment, except if any circumstances arise that if he were not a me= mber of the Commission would cause him to be disqualified for appointment as suc= h a member.

3.            (= 1)          No person shall he qualified for appointment as a member of the Commission if:-

(a)  he is not qualified for election as a member of the House of Assembly;

(b)   he has w= ithin the preceding ten years, been removed from any office in the public service= of the Federation or        the State on the ground of misconduct.=

 

(2)          A= ny person employed in the public service of the State as   Chairman or member of the Commission s= hall on such appointment be deemed to have resigned from the public service from= the date of the appointment.

 

4.   (1)     

A member of the Commission shall be removed from office  by the Governor acting on an address supported by two-thirds majority of  members of the House of Assembly praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or may other cause) or for misconduct.=

 

(2)   Any memb= er of the Commission may resign his membership by notice in writing addressed to = the Governor and that member      shall= on the date of the acceptance of the notice by the Governor, cease to be a mem= ber.

 

5.            (= 1)         

Notwithstanding anything to the contrary in any law, a person who holds or has held office as a member of t= he Commission under this Law shall not be qualified for any elective office in= any Local Government Council in the State until a period of five years has elap= sed since he ceased to be a members.

 

(2)          No official or staff of the Commission shall contest or vote at a Local Govern= ment election.

 

6.            (= 1)         

The Commission shall meet for the conduct of its business at such times, places and on such days as the Chair= man may, subject to the provision of this section, appoint.

 

(2)          The Chairman shall preside at all meetings of the Commission but if he is absen= t, the members present shall elect one of their members to preside.=

 

(3)          If= the Chairman is absent on leave or is otherwise not available or is unable to perform his functions, the Governor may appoint any member of the Commissio= n to act as Chairman for any specified period not exceeding six months.

(4)          Th= e quorum for the meetings of the Commission shall be four members of the Commission.=

 

(5)          A = member shall be entitled to one vote and a decision of the meeting may be taken and any act or thing may be done in the name of the Commission by a majority of= the members present at the meeting.

 

(6)          The Chairman or other person presiding at a meeting shall in all matters in whi= ch a decision is taken by vote have a casting vote.

 

7.            (= 1)          Subject to this section, the Commission shall have power to regulate its proceedings and may with the approval of the Governor, by rules or otherwise regulate its own procedure = or confer powers or impose duties on any officer or authority for the purpose = of discharging its functions.

 

(2)          The Commission may appoint one or more committees to carry out on behalf of the Commission any of its function under this Law.

 

(3)          A committee appointed by the Commission under this section, shall consist of = such number of persons as may be determined by the Commission but shall not incl= ude persons who are not member of the Commission.

 

8.            (= 1)          There shall be a Secretary to the Commission who shall have such qualification and experience as appropriate = for a person required to perform the functions of the office under this Law, and shall be appointed by the Governor from the public service of the State.

 

(2)  Subject t= o the general direction of the Commission, the Secretary:-

(a)  shall be responsible for keeping proper records of  the   proceedings of the Commission, and

 

(b)  shall be = the head of secretarial of the Commission and be responsible for the administration thereof and the direction and control of all other employees of the Commiss= ion.

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(3)            The Commission shall have power to appo= int either directly or receive on secondment from the public service in the Sta= te such number of employees as may in the opinion of the Commission, be requir= ed to assist the Commission in the discharge of any of its functions and shall have power to pay to persons so employed such remuneration (including allowances) as the Commission may, after consulting the State Civil Service Commission, determine.

 

(4)          No= thing in subsection (3) of this section, shall preclude the Commission from appointi= ng persons from outside the public service of the State whenever it deems necessary so to do.

 

(5)          All employees of the Commission appointed pursuant to subsection (3) and (4) of this section, excluding such as are appointed on a temporary basis for an honorarium, shall have the same rights and obligations as the members of the public service of the State.

 

9.            (= 1)          There shall be paid to every mem= ber of the Commission such salaries and allowances as may be approved by the House= of Assembly, from time to time.

               

(2)          The amounts payable under this section shall be charged upon and paid out of the Consolidated Revenue Funds of the State.

 

 

 PART II<= /o:p>

  FUNCTIONS OF COMMISSION

                      =                                                           10.          (1)          The functions of the Commission shall be:-

(a)          to organize, undertake and supervise all elections to Local Government Councils within the State;

(b)          to= render such advice as if may consider necessary to the Independent National Electo= ral Commission on the compilation of the register of voters in so far as that register is applicable to Local Government Elections in the State.

(c)           to provide guidelines to political parties stipulating the rules and procedures for electioneering campaigns, subject to the provisions of the relevant law= on Local Government administration;

(d)          to= carry out such either functions as may be conferred on it by Law.

(2)          The Commission may every 10 years create new Local Government wards as the circumstances of each Local Government Area may require.

(3)          The boundaries of each ward shall be such that the number of inhabitants of the ward is as nearly equal to the population quota of the ward as is reasonably practicable.

11.          Th= ere shall be established in each Local Government Area of the State an office of the Commission which shall perform such functions as may be assigned in it = from time to time by the Commission.

12.          In= the discharge of its functions under this Law, the Commission shall not be subj= ect to the direction or control of any other person or authority.

13.          (1= )          Elections to all the Local Gover= nment Councils in the State shall be held on the same day throughout the State.

(2)          Th= e date for the holding of the Local Government elections shall be specified by the Commission.

(3)          Th= e date for the holding of subsequent general election or bye-election to a Council= or to all Councils in the State shall be appointed by the Commission.

(4)          The Commission shall appoint a date upon which any election to a Council to fill any vacancy shall be held; such date not being a date later than three mont= hs after the declaration of such vacancy,

(5)          El= ection of members to a Local Government Council shall be by a process of direct vo= ting and by secret ballot.

 

PART III

APPOINTMENT AND SUPERVISION OF OFFICERS

14.          (1= )          The Commission shall appoint ele= ctoral officers for each Local Government Area of the State.

(2)          An Electoral Officer may be appointed by name or by reference to an office, and shall hold office until his appointment is revoked.

(3)          The Commission may, in any case it considers expedient, appoint more than one electoral officer for a Local Government Area and shall specify the parts of the Local Government Area for which each electoral officer is responsible a= nd in relation to that part of the Local Government Area each 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 Areas, provided that an indigene of every Local Government Area shall be appointed= an electoral officer.

15.          (1= )          The Commission may appoint a per= son to be an Assistant Electoral Officer for the conduct of an election into a Loc= al Government Council and a person so appointed shall in respect of that elect= ion have such of the functions imposed or conferred by this Law on the Electoral Off= icer as the Commission may determine.

(2)          The Commission shall for the purpose of an election appoint such Returning Officers, Assistant Returning Officers, Presiding Officers and such other officers as it may deem necessary.

(3)          A = person appointed as an assistant returning officer shall have the functions impose= d or conferred by this Law on a returning officer.

(4)          A = person may be appointed as a Returning Officer of one or more Local Government Are= as.

(5)          Fo= r any election, the Electoral Officer or the Assistant Electoral Officer may be appointed to act as a Returning Officer.

16.          An Electoral Officer shall exercise supervision over acts of officers appointed under sections 15 and 17 of this Law in his Local Government Area and may, subject to this Law or any instructions issued by the Commission, give direction to such officers within regard to the performance of their functio= ns.

17.          The Commission may appoint, in respect of a Local Government Area of the State,= an officer or officers (by whatever name called) to exercise supervisory funct= ion, under the direction of the Electoral Officer, over the conduct of a electio= n or of elections generally, and that officer shall have such powers and duties = as shall be determined by the Commission.

18.          (1= )          Subject to the provisions of thi= s Law, the conduct of an election under this Law in any Local Government Area of t= he State shall be vested in the Electoral Officer under the general supervisio= n of the Commission.

                      =                           (2)          The Electoral Officer may:-=

(a)          re= quire information from an officer appointed under this part of this Law with resp= ect to a matter relating to the functions under this Law; and

(b)          su= bject to the provisions of this Law, issue instructions to those officers with respe= ct to the performance of their functions under this Law.

(3)          An= officer appointed under this part of this Law shall comply with the requirements and instructions of the electoral officer.

PART IV

 PROCEDURE AT = ELECTIONS

19.          The procedure to be adopted in the election of Councilors and Chairman shall be= as provided by the Constitution and the Electoral act.

20.          (1= )          The forms to be used for the con= duct of elections to the office of a Councilor and a Chairman shall be as set ou= t in the Schedule to this Law or as may be determined by the Commission from tim= e to time.

(2)          The Commission may charge a non-refundable fee for each candidate contesting for the election to the office of a Councilor and Chairman.

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SIEC

CONDUCT COUNCIL POLLS SOON – ORTOM CHARGES BESIEC

2016

Benue State Governor, Samuel Ortom, charged the Benue State Independent Electoral Commission, BESIEC, to conduct council polls in the state as soon as possible.

Dr. John Tor TsuwaChairman

2016

Dr. John Tor Tsuwa attended Government secondary school Gboko and passed out in 1995. Before his appointment as the Chairman of BSIEC, he was a lecturer with the Department of Political Science.

Title with Solid Background Color

By John Smith posted July 20, 2016