PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
ASSENTED TO AT IKEJA, THIS 5TH DAY OF MAY, 2016
MR. AKINWUNMI AMBODE
GOVERNOR OF LAGOS STATE.
LAW NO. 4, 2016
LAGOS STATE INDEPENDENT ELECTORAL (AMENDMENT) LAW, 2016
A LAWTOAMEND THE LAGOS STATE INDEPENDENT ELECTORAL COMMISSION LAW 2OO8 (CAP. L36 LAWS OF LAGOS STATE 2OI5) AND FOR CONNECTED PURPOSES.
ARRANGEMENT OF SECTIONS
I. Amendment to the Principal Law
2. Amendment to Section 5.
3. Amendment to Section 11(1)
4. Amendment to Section 40
5. Creation of a new Section 62
6. Creation of a new Section 63
7. Creation of a new Section 64
8. Renumbering of Sections of the Principal Law
9. Citation and Commencement
[COMMENCEMENT (5th may, 2016)]
I. Amendment to the Principal Law
The Lagos State Independent Electoral Commission Law Cap L36 Laws of Lagos State 201 5 (referred to as the “principal Law”) is amended as follows_
2. Amendment to Section 5.
The Principal Law is amended by deleting Section 5 and replacing it as follows-
(1) The Functions of the Commission shall be to –
(a) organize, undertake and supervise all elections to Local Government Areas and Local Council Development Areas within the State;
(b) render such advice as it may consider necessary to the Independent National Electoral Commission on the compilation of the register of voters:
(c) prescribe guidelines to political parties stipulating the rules and procedure for the conduct of Local Government elections in the State;
(d) conduct voters and civic education;
(e) promote knowledge of sound democratic election processes;
(f) conduct any referendum or plebiscite required to be conducted pursuant to the provisions of Constitution of Nigeria 1999 (as Amended) or any Law of the State House of Assembly;
(g) prepare and submits its budget directly to the House of Assembly;
(h) liaise directly with the Commissioner of Police, Director, State Security Service and other relevant security bodies in order to facilitate violence-free and fair elections;
(i) consult regularly with all registered political parties in the State and ensure free flow of information about the Commission;
(j) appoint Counsel to defend the Commission and prosecute anyone who violates the provisions of the Law;
(k) assign polls clerks and orderlies in respect of each polling station or unit to assist at the polls; and
(l) perform such other functions as may be conferred on it by law.
2(a) Subject to the provisions of the Independent National Electoral Commission Act, the Commission shall divide each Local Government Area into such number of Wards, not less than ten (10) or more than twenty (20) as the circumstances of each Local Government may require.
(b) 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.
(c) The Commission shall review the division of every Local Government into wards at intervals of every ten (10) years and may after such wards in accordance with the provisions of this Subsection to such extent as it may consider desirable.
3. Amendment to Section 11(1)
Section 21(1) of the Principal Law is amended by deleting the phrase “sixty (60) days” and replacing it with “ninety (90) days”.
4. Amendment to Section 40
Section 40 of the Principal Law is amended by inserting a new subsection (4) as follows –
“4. Where in this Law, an act is required to be done by or in the presence of a party agent, the omission of the party agent to do the act or the fact that the party agent is not present shall not invalidate the act if properly done”.
5. Creation of a new Section 62
(1) The principal Law is amended by creating a new section 62 as follows –
“62. (1) Death of the Chairman of a Local Government Area before Swearing-in
Where a person duly elected as Chairman of a Local Government Area of a Local Government Area dies before subscribing to the Oath of Allegiance and Oath of Office, the person elected with him Vice-Chairman shall be sworn in as Chairman.
(2) The Chairman shall, subject to the approval of majority of the members of the Legislative Council nominate a Vice-Chairman.
(3) Where the Vice-Chairman is appointed from amongst the Councillors, the Commission shall conduct a bye-election to fill the vacancy created by the appointment.”
Creation of a new Section 63
6. The principal Law is amended by creating a new section 63 as follows –
“63. Death of both Chairman and Vice-Chairman
Where the persons duly elected as Chairman and Vice-Chairman die, the Commission shall conduct an election to fill the vacancies”..
7. Creation of a new Section 64
The Principal Law is amended by creating a new Section 63 as follows –
“Tenure of office after re-run”
“In determining the tenure of a Chairman/Vice-Chairman where a re-run election is ordered by the Tribunal, and the person earlier sworn-in as Chairman/Vice Chairman wins the re-run election, the time he had spent in office before the election was annulled shall be taken in account.”
8. Renumbering of Sections of the Principal Law
The Principal Law is amended by renumbering all Sections accordingly.
9. Citation and Commencement
This Law may be cited as the Lagos State Independent Electoral (Amendment) Law 2016 and shall come into force on 5th day of May, 2016.
This printed impression has been compared by me with the Bill which has been passed by the Lagos State House of Assembly and found by me to be a true and correctly printed copy of the said Bill.
G.O Abiru
Clerk of the House of Assembly
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