LOCAL GOVERNMENT (BASIC CONSTITUTIONAL AND TRANSITIONAL PROVISIONS) ACT

(1) The system of local government shall, under this Act, be by democratically elected Local Government Councils.
(2) There shall be 449 Local Government Areas in Nigeria as named in the second column of the First Schedule to this Act and each Local Government Area shall have its headquarters in the location specified in the third column of the said Schedule.
(3) The Local Government Area shall be the only unit in respect of which the Government of a State is empowered to establish an authority for the purpose of local government.
(4) Without prejudice to the provisions of subsection (3) of this section, the Government of a State may, by Law, create for any Local Government Area in its State up to a maximum of 7 Development Areas, having regard to such factors as common historical and traditional ties, geographical continuity and administrative expedience.
(5) Subject to subsection (2) of this section, the authorised by law to prescribe the area over which a Local Government may exercise authority shall define such area as clearly as practicable and in conformity with the provisions of the First Schedule to this Act.
(6) It shall be the duty of a Local Government within the State to participate in economic planning and development of the Local Government Area concerned and to this end, a joint economic planning board shall be established by a Law.
(7) The functions to be conferred by a Law upon a Local Government Council shall include those set out in Part V of this Act.
(8) Subject to the provisions of this Act-
(a) the National Assembly, as the case may be, shall make provisions for statutory allocation of public revenue to the Local Governments in the Federation; and
(b) the House of Assembly of a State, as the case may be, shall make provisions for statutory allocation of public revenue to the Local Governments within the State.
(9) The Auditor-General for the Local Governments of a State shall audit annually the accounts of the Local Governments and the report thereof shall be laid before the Governor or the House of Assembly of the State, as the case may be.
(10) Subject to the provisions of Parts I to VI of this Act, the House of Assembly of a State, as the case may be, shall enact a Law providing for the structure, composition, revenue, expenditure and other financial matters, staff, meeting and other relevant matters for the Local Governments in the State.

(1) There shall be a Local Government Council for each Local Government Area in the Federation.
(2) A Local Government Council shall stand dissolved at the expiration of a period of 3 years commencing from the date of the first sitting of the Council but shall sit for only 2 years during the transition period.
(3) Government shall ensure that every person who is entitled to vote or be voted for at an election, shall have the right to vote or be voted for at an election to a Local Government Council.

(1) Subject to the provisions of this Act, the National Electoral Commission (hereafter in this Act referred to as "the Commission") shall divide each Local Government Area into such number of wards, not being more than 20, as the circumstances of each Local Government Area may require.
(2) The boundaries of each ward shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable.
(3) For the purposes of this Act, the number of inhabitants of a Local Government Area or any part thereof shall be ascertained by reference to the 1963 population census of Nigeria.
(4) The Commission shall review the division of every Local Government Area into wards at intervals of not less than 10 years and may alter such wards in accordance with the provisions of section 3 (1) of this Act to such extent as it may consider desirable in the light of the review.

The Commission shall review the division of every Local Government Area into wards at intervals of not less than 10 years and may alter such wards in accordance with the provisions of section 3 (1) of this Act to such extent as it may consider desirable in the light of the review.

There shall be for each Local Government Council, a Chairman and Vice-Chairman.

A person shall be qualified for election to the office of Chairman if-(a) he is a citizen of Nigeria; and
(b) he has attained the age of 25 years;
(c) he has been educated up to at least the School Certificate level.

(1) A person shall not be qualified for election to the office of Chairman 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, as the case may be, has made a declaration of allegiance to such a country;
(b) under any law in force in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind;
(c) he is under a sentence of death imposed on him by any court of law in Nigeria or a sentence of imprisonment for an offence involving dishonesty (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 convicted and sentenced by a court of law or tribunal established by law for an offence involving dishonesty or he has been found guilty of a contravention of the 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 member of any secret society; or
(g) he has been elected to such office at two previous elections.
(2) Where in respect of any person who has been adjudged to be a lunatic, declared to be of unsound mind, sentenced to death or imprisonment or 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, sub-section (1) of this section 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, and for the purposes of this subsection, 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.
(3) A Chairman shall not hold any other executive office or paid employment whatsoever, during his tenure of office.

A person elected to the office of Chairman shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed in the Code of Conduct Bureau and Tribunal Act and has subsequently taken and subscribed before the Governor of the State, the Oath of Allegiance and the Oath of Office as prescribed in the Second Schedule to this Act.

(1) An election to the offices of the Chairman and Member of the Local Government Council shall be held on a date to be appointed by the Commission.
(2) An election to the offices referred to in subsection (1) of this section shall be held on a date not earlier than 90 days and not later than 60 days before the expiration of the terms of offices of the last holders of those offices.
(3) Where in an election to the office of Chairman-
(a) at the close of nomination only one candidate has been nominated, the Commission shall extend the time for nomination; or
(b) at the close of nomination one of the two candidates nominated for the election is the only candidate by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidate, the Commission shall extend the time for nomination, so however that where after the extension only one candidate remains validly nominated, there shall be no further extension.
(4) A candidate for election to the office of Chairman shall be deemed to have been duly elected where, being the only candidate nominated for election he has at least two-thirds of all the votes cast at the election, but where the only candidate fails to be elected in accordance with this subsection there shall be fresh nominations.
(5) A candidate for an election to the office of Chairman shall be deemed to have been duly elected where, there being two candidates, he has a majority of the votes cast at the election.
(6) In default of a candidate being duly elected-
(a) under subsection (4) of this section, the Commission shall within 30 days of the declaration of results order another or further nominations and election until the emergence of a candidate as provided for in this section;
(b) under subsection (5) of this section by reason of a tie, the Commission shall declare as duly elected that candidate who scored the highest number of votes in a majority of wards in the Local Government Area.
(7) For the purpose of an election under this section, a Local Government Area shall be regarded as one constituency.

(1) In any election to which section 9 of this Act relates, a candidate for the office of Chairman shall not be deemed to have been validly nominated for such office, unless he nominates another candidate as his associate for his running for the office of Chairman, who is to occupy the office of Vice-Chairman; and that candidate shall be deemed to have been duly elected to the office of Vice-Chairman if the candidate who nominated him is duly elected as Chairman in accordance with the said provisions.
(2) The provisions of this Part of this Act relating to qualification for election, tenure of office, disqualification, declaration of assets and liabilities and oaths of Chairman shall apply in relation to the office of Vice-Chairman as if references to Chairman were references to Vice-Chairman.

(1) The Chairman or Vice-Chairman may be removed from office in accordance with the provisions of this section.
(2) Whenever a notice of any allegation in writing signed by not less than one-half of the members of the Local Government Council-
(a) is presented to the Secretary of the Local Government; and
(b) stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified,
the Secretary of the Local Government shall within 7 days of the notice cause a copy thereof to be served on the holder of the office and on each member of the Local Government 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 Local Government Council.
(3) 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 Local Government Council without the holder of the office being present at the meeting shall resolve by motion without any debate whether or not the allegation shall be investigated.
(4) A motion of the Local Government 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 Local Government Council.
(5) Within 7 days of the passing of a motion under subsection (4) of this section, the Secretary of the Local Government shall inform the Chief Judge of the State who shall appoint a Panel of seven persons who in his opinion are of unquestionable integrity not being members of any-
(a) public service;
(b) legislative house, or
(c) political party,
to investigate the allegation as provided in this section.
(6) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the Panel by a legal practitioner of his own choice.
(7) 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 a Law; and
(b) within three months of its appointment, report its findings to the Local Government Council.
(8) Where the Panel reports to the Local Government Council that the allegation has not been proved no further proceedings shall be taken in respect of the matter.
(9) 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 Local Government Council shall consider the report without the holder of the office being present at the meeting and if by a resolution of the Local Government 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.
(10) No proceedings or determination of the Panel or of the Local Government Council or any matter relating thereto shall be entertained or questioned in any court.
(11) In this section, "gross misconduct" means a grave violation of the Oath of Office or grave breach of the provisions of this Act or a misconduct of such nature as amounts in the opinion of the Local Government Council to gross misconduct.

(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 Local Government Council it is declared that the Chairman or the Vice-Chairman is incapable of discharging the functions 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 Secretary of the Local Government.
(2) Where the medical panel certifies in such 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 thereof signed by the Secretary of the Local Government shall be published in the Gazette of the Government of the State.
(3) The Chairman or Vice-Chairman shall cease to hold office from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.
(4) The medical panel to which this section shall be appointed by the Secretary of the Local Government and shall comprise three medical practitioners in Nigeria-
(a) one of whom shall be a medical practitioner of the choice of the officer concerned; and
(b) two other medical practitioners.

(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 11 or 12 of this Act.
(2) Where any 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 Secretary of the Local Government shall hold the office of Chairman for a period of not more than 3 months, during which there shall be an election of a new Chairman, who shall hold office as provided for in section 15 (3) of this Act.
(3) Where the office of Vice-Chairman becomes vacant-
(a) by reason of death or resignation or removal in accordance with section 11 or 12 of this Act;
(b) by his assumption of the office of Chairman in accordance with subsection (1) of this section; or
(c) for any other reason,
the Chairman shall nominate and, with the approval of a majority of the members of the Local Government Council, appoint a new Vice-Chairman from among those members.
(4) The Commission shall conduct a by-election to fill the vacant seat created in the ward from which the new Vice-Chairman has been appointed.

(1) The Chairman shall assign to the Vice-Chairman specific responsibilities for any business of the Local Government.
(2) The Chairman shall in his discretion assign to any Supervisory Councillor of the Local Government responsibility for any business of the Local Government including the administration of any department of the Local Government.
(3) The Chairman shall hold regular meetings with the Vice-Chairman, all the Supervisory Councillors and other Councillors for the purpose of-
(a) determining the general direction of the policies of the Local Government Council;
(b) co-ordinating the activities of the Local Government Council; and
(c) generally discharging the executive functions of the Local Government Council.

(1) Subject to the provisions of this Act, a person shall hold the office of Chairman until-
(a) when his successor in office takes the oath of that office;
(b) he dies whilst holding such office;
(c) the date when his resignation from office takes effect;
(d) he otherwise ceases to hold office in accordance with the provisions of this Act;
(e) he becomes a member of a secret society; or
(f) the Secretary of the Local Government receives a certificate under the hand of the Chairman of the Commission stating that the provisions of section 23 of this Act have been complied with in respect of the recall of the Chairman.
(2) The Secretary of the Local Government shall give effect to the provisions of subsection (1) of this section, so however that the Secretary shall first present evidence satisfactory to the Local Government Council that any of the provisions of that subsection has become applicable in respect of the Chairman.
(3) Subject to the provisions of subsection (1) of this section, the Chairman shall vacate his office at the expiration of a period of 3 years but for only 2 years during the transition period, commencing from the date when-
(a) in the case of a person first elected as Chairman under this Act, he took the Oath of Allegiance and the Oath of Office; or
(b) the person last elected to that office took the Oath of Allegiance and the Oath of Office or would but for his death have taken such Oaths.

(1) If a person duly elected as Chairman dies before taking and subscribing 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 than nominate and with the approval of a majority of the members of the Local Government Council appoint a new Vice-Chairman from among those members.
(2) The Commission shall conduct a by-election to fill the vacant seat created in the ward from which the new Vice-Chairman has been appointed.

There shall be elected from every ward in a Local Government Area one Councillor.

Subject to the provisions of section 19 of this Act, a person shall be qualified for election as a Councillor if he-(a) is a citizen of Nigeria;
(b) has attained the age of 21 years; and
(c) has been educated up to at least the School Certificate level or its equivalent.

(1) No person shall be qualified for election as a 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 this Act, has made declaration of allegiance to such a country;
(b) under any law in force in any part of the Federation, he is adjudged to be a lunatic or otherwise declared of unsound mind;
(c) he is under a sentence of death imposed on him by any court of law in Nigeria or a sentence of imprisonment for an offence involving dishonesty (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 convicted and sentenced by any court of law or tribunal established by law for an offence involving dishonesty or he has been found guilty of a contravention of the 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 the Federation; or
(f) he is a member of a secret society.
(2) Where in respect of any person who has been adjudged to be a lunatic, declared to be of unsound mind, sentenced to death or imprisonment or 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) of this section 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 purposes of subsection (2) of this section, 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.

Every person elected as Councillor shall before taking his seat 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 to this Act.

(1) There shall be not less than 3 nor more than 5 offices of Supervisory Councillors of the Local Government Council.
(2) Any appointment to the office of Supervisory Councillors shall be made by the Chairman within 30 days of taking office from among the Councillors of that Local Government Council.

(1) A member of a Local Government Council shall vacate his seat in the Council-
(a) if he becomes a member of a legislative house;
(b) on the date when his letter of resignation takes effect;
(c) If he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State;
(d) being a person whose election was sponsored by one political party, he resigns from that party or becomes a member of the other political party before the expiration of the period for which the Local Government Council was elected;
(e) if he becomes a member of a secret society; or
(f) the Chairman of the Local Government Council receives a certificate under the hand of the Chairman of the Commission stating that the provisions of section 23 of this Act have been complied with in respect of the recall of that member.
(2) The Chairman of the Local Government Council shall give effect to subsection (1) of this section, so however that the Chairman shall first present evidence satisfactory to the Local Government Council that any of the provisions of that subsection has become applicable in respect of that member.

(1) A member of a Local Government Council may be recalled as such a member if-
(a) there is presented to the Chairman of the 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.
(2) For the purposes of this section, "member" includes Chairman and Vice-Chairman.

(1) At any sitting of the Local Government Council, the Chairman shall preside and in his absence the Vice-Chairman shall preside.
(2) In the absence of both persons referred to in subsection (1) of this section, any other member of the Council, as may be elected for that purpose, may preside.

The quorum of a Local Government Council shall be one-half of all of the members of the Local Government Council.

Except as otherwise provided by this Act, any question proposed for decision in the Local Government Council shall be determined by a simple majority of the members present and voting, and the person presiding shall have a casting vote whenever necessary to avoid an equality of votes.

The main functions of a Local Government shall be as follows-(a) formulation of economic planning and development schemes for the Local Government Area;
(b) collection of rates and issuance of radio and television licences;
(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 conveniences;
(f) construction and maintenance of roads, streets, street lightings, drains, parks, gardens, open spaces, or such public facilities as may be prescribed from time to time by the House of Assembly of a State;
(g) naming of roads and streets and numbering of houses;
(h) provision and maintenance of public conveniences, sewage and refuse disposal;
(i) registration of all births, deaths and marriages;
(j) assessment of privately owned houses or tenements for the purpose of, levying such rates as may be prescribed by the House of Assembly of a State;
(k) control and regulation of-
(i) out-door advertising and hoardings,
(ii) movement and keeping of pets of all descriptions,
(iii) shops and kiosks,
(iv) restaurants, bakeries and other places for sale of food to the public,
(v) laundries; and
(l) licensing, regulation and control of the sale of liquor.

The functions of a Local Government shall include participation of such Government in the government of a State as respects the following matters, namely-(a) the provision and maintenance of primary, adult and vocational education;
(b) the development of agriculture and natural resources, other than the exploitation of minerals;
(c) the provision and maintenance of health services; and
(d) such other functions as may be conferred upon a Local Government by the House of Assembly of a State.

There shall be for each State, a Local Government Service Commission.

The Local Government Service Commission shall comprise the Chairman and not less than 2 and not more than 4 members who shall, in the opinion of the Governor of the State, be persons of unquestionable integrity and sound political judgement.

The Local Government Service Commission shall have the functions ascribed to it by the existing law on the Civil Service as applicable to Local Governments and more specifically, the Local Government Service Commission shall-(a) set up general and uniform guidelines for appointments, promotion and discipline;
(b) monitor the activities of each Local Government to ensure that the guidelines are strictly and uniformly adhered to; and
(c) serve as a review body for all petitions from Local Governments in respect of appointments, promotions and discipline.

(1) Subject to the provisions of subsection (2) of this section, the right of a person in the service of a Government to receive pension or gratuity shall be regulated by Law.
(2) Any benefit to which a person is entitled in accordance with or under such 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 any law including the Code of Conduct under the Code of Conduct Bureau and Tribunal Act.
(3) Pension in respect of services in the service of a Local Government shall not be taxed.

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.

Notwithstanding the provisions of this Act or any other law to the contrary, the President, Commander-in-Chief of the Armed Forces may, if he is satisfied that the affairs of a Local Government are not being managed in the best interest of the community or in a way to strengthen the unity of the people of Nigeria or for any other good cause-(a) remove the Chairman or Vice-Chairman of that Local Government Council from office; or
(b) dissolve the Local Government Council and appoint an Administrator to manage the affairs of the Local Government until an election to the offices of Chairman, Vice-Chairman and Councillors for the Local Government Council has been held.

Notwithstanding the provisions of section 4 of the National Electoral Commission Act, the conduct of Local Government elections shall be under the direction and supervision of the National Electoral Commission and in accordance with the provisions of this Act and any other Acts, regulations and guidelines.

The Commission may designate such public buildings to be used as polling stations (including schools) as it may deem necessary in addition to the erection of polling booths wherever necessary.

(1) A person shall be eligible to vote in any local government elections if-
(a) he is a citizen of Nigeria and has attained the minimum age of eighteen years;
(b) he has been or is ordinarily resident in the Local Government Area for a period of not less than twelve months prior to the date of the elections:
Provided that any indigene of a Local Government Area who is ordinarily resident outside his Local Government Area shall be required to vote in the Local Government Area of his ordinary residence and not in his indigenous Local Government Area; and
(c) he is registered as a voter in the ward or constituency of his ordinary residence in the Local Government Area and has obtained a registration card to be presented at the polling station on the day of the elections.
(2) Notwithstanding the provisions of subsection (1) of this section, the following persons shall not be qualified to vote at an election, that is to say-
(a) the Chairman and other members of the Commission;
(b) the Secretary to the Commission;
(c) the Electoral Officers and Assistant Electoral Officers;
(d) the Returning Officers and the Assistant Returning Officers for each constituency;
(e) the Presiding Officer of each Polling Station; and
(f) all other officers charged with the conduct of elections in the field.

(1) A person shall not be qualified as a candidate to contest any Local Government election unless-
(a) he is sponsored by a registered political party;
(b) he is ordinarily resident in the ward or constituency in which he is contesting an election for a period of not less than twelve months prior to the date of the elections;
(c) he is not a person banned or prohibited from participating in politics and elections in accordance with the Participation in Politics and Elections (Prohibition) Act, as amended;
(d) he produces evidence of tax payments as and when due for a period of three years immediately preceeding the year of the elections;
(e) he has been nominated by ten registered voters in his ward or constituency;
(f) in the case of a candidate contesting as a Chairman of the Local Government Council, he has made a deposit of N2,000; and
(g) in the case of a candidate contesting as a Councillor, he has made a deposit of N500.
(2) Where a person seeking to contest as a candidate is involved in a case that may lead to his being banned from participation in politics 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 found guilty by the court or tribunal, as the case may be, he shall withdraw from the election and if already elected, he shall cease to be a Councillor or Chairman, as the case may be.

(1) For the purposes of this Act, a person shall be deemed to be ordinarily resident only in that place where he normally lives, sleeps and has his usual abode, whether or not the said place is in his State of origin.
(2) For the avoidance of doubt, a person who is ordinarily resident outside his indigenous Local Government Area or outside his State of origin shall only be eligible to vote in that place if he is ordinarily resident there as prescribed in subsection (1) of this section.

(1) The registration of voters for elections to Local Government Councils shall be carried out at registration centres as may be designated by the Commission.
(2) The registration centres shall be clearly identified in the interest of the electors.

Every registered voter shall be given a registration card containing the following information, that is-(a) the name of the State;
(b) the name of the Local Government Council;
(c) the registration area and centre;
(d) the registration unit; and
(e) the voter's number.

A register of voters shall be prepared for each Local Government Council indicating sub-registers for wards and polling stations.

(1) Preliminary register of voters shall be displayed in each registration centre and such other places within a ward or wards as the Commission may think fit.
(2) The preliminary register shall be displayed to afford opportunity for its inspection by members of the public to point out any errors in the preliminary register.

(1) The preliminary register shall be corrected or amended, as the case may be, in order to remove any mistake in the register.
(2) The preliminary register may be corrected by the Commission where it is in the interest of the public to do so.

Public buildings (including schools) and such other places as may be designated by the Commission shall be used as registration centres.

(1) Candidates and their parties shall campaign for the elections in such manner and in accordance with such guidelines as may be determined, from time to time, by the Commission.
(2) It shall be an offence punishable under this Act for any candidate or his agent to base his campaign or address on sectional, ethnic or religious differences.
(3) A candidate or an agent who contravenes the provisions of subsection (2) of this section commits an offence under this Act and shall not only be prosecuted in the appropriate court but shall also be disqualified as a candidate for the election.
(4) A candidate or an agent who offers bribes to the voters directly or indirectly either by paying money to them or providing inducement, unsolicited services or treating them to parties, commits an offence under this Act and shall be punished as provided under subsection (5) of this section.
(5) A candidate or an agent who contravenes the provisions of subsections (2) and (4) of this section shall be tried in a magistrate court and if found guilty shall be liable to a term of imprisonment not exceeding three years or to a fine of N5000.
(6) In addition to the penalty under subsection (5) of this section, any candidate who commits an offence under this section shall be disqualified from the elections.

Elections to all the Local Government Councils shall be held on the same day throughout the Federation.

(1) Voting shall be carried out in one and the same day thoughout the Federation.
(2) Voting shall be by secret ballot.

The provisions set out in the Third Schedule to this Act shall have effect with respect to the appointment and supervision of officers and other matters contained therein.

The rules of procedure to be adopted at the elections shall be as set out in the Fourth Schedule to this Act.

(1) If any person to whom this section applies or who is for the time being under a duty to discharge any of the functions of such a person, is without reasonable cause, guilty of any act or omission in breach of his official duty, then he shall be liable on summary conviction to a fine not exceeding N500 or to imprisonment for six months or to both such fine and imprisonment.
(2) The persons to whom this section applies are any Electoral Officer, Assistant Electoral Officer, Presiding Officer, Assistant Presiding Officer, Returning Officer, Assistant Returning Officer, Poll Clerk, or Assistant Poll Clerk, or any officer or officers (by whatever name called) appointed under paragraph 4 of the Third Schedule to this Act and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by this Act.
(3) Where a prosecution for an offence against this section is instituted by a private prosecutor-
(a) the court having cognisance of the case may order such prosecutor to give security, for such costs as may become payable to the accused person, for such amount and in such manner as the court may deem fit and in the event of failure to comply with such order the court shall discharge the accused person;
(b) the amount of compensation which may be awarded to an accused person in accordance with the provisions of the Criminal Procedure Act or the Criminal Procedure Code shall be an amount not exceeding N500 as the court may determine instead of the amount for which provision is made in that Act or Code.
(4) In this section, "private prosecutor" has the meaning assigned to it in the Criminal Procedure Act or Criminal Procedure Code.

(1) Every Electoral Officer, Assistant Electoral Rrequirement Officer, Returning Officer, Assistant Returning Officer, Presiding Officer, Poll Clerk, Assistant Poll Clerk and any officer or officers (by whatever name called) appointed under paragraph 4 of the Third Schedule to this Act concerned in the conduct of an election, and every Counting Agent, Polling Agent or candidate in attendance at a polling station or place of voting, or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting.
(2) No such officer, agent or candidate shall, except for some purpose authorised by law, communicate before the poll is closed to any person any information as to the name or number on the register of voters of any voter who has or has not voted at the place of voting.
(3) No person shall-
(a) interfere with any voter when recording his vote; or
(b) otherwise obtain or attempt to obtain in the place of voting, information as to the candidate for whom a voter in that place is about to vote or has voted; or
(c) communicate at any time to any person any information obtained in a place of voting as to the candidate for whom a voter in that place is about to vote or has voted.
(4) If any person contravenes any of the provisions of this section, he shall be guilty of an offence and liable upon conviction to imprisonment for a term not exceeding six months or to a fine not exceeding N500 or to both such imprisonment and fine.

(1) If any corrupt practice is committed by any candidate elected at an election held under the provisions of this Act, the election of such candidate shall be invalid.
(2) The expression "corrupt practice" as used in this Act, means any of the following offences-
(a) personation;
(b) treating;
(c) undue influence;
(d) bribery; or
(e) aiding, abetting, counselling or procuring the commission of any of the aforesaid offences.
(3) A corrupt practice shall be deemed to be committed by a candidate if it is committed with his knowledge or consent or with the knowledge or consent of a person who is acting under the general or special authority of such candidate with reference to the election.

(1) Any person who at an election applies for a ballot paper 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 who, having voted once at any such 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, shall be guilty of the offence of personation.
(2) Any person who, at an election, 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 who, having voted once at any such 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 shall be guilty of the offence of personation.
(3) Every person who is guilty of personation or aiding, abetting, counselling or procuring the commission of the offence of personation, shall be liable on conviction to imprisonment not exceeding one year or to a fine not exceeding N1,000 or to both such imprisonment and fine.
(4) A person charged with the offence of personation shall not be convicted except on the evidence of not less than two witnesses.

The following persons shall be deemed guilty of treating-(a) every person who corruptly, by himself or by any other person, either before, during or after the election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing any food, drink, entertainment or provisions to or for any person for the purpose of corruptly influencing that person, or any other person to vote, or refrain from voting at such election or on account of such person or any other person, having voted or refrained from voting at such election; and
(b) every voter who corruptly accepts or takes any such food, drink, or entertainment.

Every person who directly or indirectly, by himself or by other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict by himself or by any other person, any temporal or spiritual injury, damages, harm or loss upon or against any person in order to induce or compel a person to vote or refrain from voting, or on account of such person having voted or refrained from voting, at any election, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free use of the vote by any voter or thereby compels, induces, or prevails upon any voter either to give or refrain from giving his vote at any election shall be guilty of undue influence.

The following persons shall be deemed guilty of bribery-(a) every person who, directly or indirectly by himself or by any other person on his behalf, gives, lends or agrees to give or lend, or offers, promises 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 on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting or corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting, at any election;
(b) every person who directly or indirectly, by himself or by any other person on his behalf, corruptly gives or procures, or promises to procure or to endeavour to procure, any office, place, employment to or for any voter or to or for any person, in order to induce such voter to vote or refrain from voting or corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting, at any election;
(c) every person who directly or indirectly, by himself or by any other person on his behalf, makes any gift, loan, offer, promise, procurement or agreement to or for any person or community in order to induce such person or community to procure, or to endeavour to procure, the return of any person as a member of a Local Government Councilor the vote of any voter at any election;
(d) every person who, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procures, or engages, or promises or endeavours to procure, the return of any person as a member of a Local Government Council or the vote of any voter at any election;
(e) every person who advances or pays, or causes to be paid any money to or for the use of any person, with the intent that such money, or any part thereof, shall be expended in bribery at any election, or who knowingly pays, or causes to be paid, any money to any person, in discharge or repayment of any money wholly or in part expended in bribery at any election;
(f) every voter who, before or during any 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 any election;
(g) every person who, after any 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 any election;
Provided that the foregoing provisions 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 any election.

(1) Every person who is guilty of bribery, treating, or undue influence, or aiding, abetting, counselling or procuring the commission of any of those offences, shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding N,1000.
(2) Every person who is convicted of bribery, treating, undue influence or personation, or of aiding, abetting, counselling, or procuring the commission of any of the offences aforesaid, shall (in addition to any other punishment) be deemed incapable, during a period of five years from the date of his conviction-
(a) of being registered as a voter or voting at any Local Government election in any State; or
(b) of being elected as a member of a Local Government Council, or if elected before his conviction, of retaining his seat.

(1) Every person who-
(a) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the officer charged with the conduct of an election any nomination paper, knowing the same to be forged; or
(b) signs a nomination paper as a candidate in more than one ward or constituency; or
(c) forges or counterfeits or fraudulently destroys any ballot paper or the official mark on any ballot paper or any statement of result; or
(d) without due authority, supplies any ballot paper to any person; or
(e) fraudulently puts into any ballot box any paper which he is not authorised by law to put in; or
(f) fraudulently takes out of the polling station any ballot paper; or
(g) without due authority, destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purpose of the election,
shall be guilty of an offence.
(2) Any attempt to commit any offence specified in this section shall be punishable in the same manner in which the offence is punishable.
(3) In any prosecution for an offence in relation to the nomination papers, ballot boxes, ballot papers and the marking instruments at an election held under this Act, the property in such papers, boxes and instruments, as well as the property in the counterfoils may be stated to be in the officer charged with the conduct of such election.
(4) A person guilty of an offence under this section shall be liable on conviction to imprisonment for a term not exceeding two years or a fine of N2,000 or to both such imprisonment and fine.

Every person who-(a) votes, or induces or procures any person to vote at any election, knowing that he or such person is prohibited by this Act or by any other law, from voting at such election; or
(b) before or during an election, knowingly or recklessly publishes any false statement of the withdrawal of a candidate, at such election for the purpose of promoting or procuring the election of another candidate,
shall be guilty of an offence and shall be liable on conviction to a fine of N1,000 or to imprisonment for one year or to both such fine and imprisonment.

Any person who wilfully votes at Local Government election in a ward or constituency in respect of which his name does not appear on the register of voters shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding twelve months or to a fine of N1,000 or to both such fine and imprisonment.

(1) Any person who, having been issued with a ballot paper in a polling station, takes or attempts to take that ballot paper out of the polling station shall be guilty of an offence and shall be liable on conviction to imprisonment for six months or to a fine of N500 or to both such imprisonment and fine.
(2) Any person who at an election brings into a polling station a ballot paper relating to the election issued to another person shall be guilty of an offence and shall be liable on conviction to imprisonment for one year or to a fine of N1,000 or to both such imprisonment and fine.
(3) For the purposes of sections 55, 56 and 57 of this Act, the expression "refrain from voting" includes taking a ballot paper out of polling station contrary to subsection (1) of this section.
(4) If the Presiding Officer in a polling station has reason to suspect that any person who has been issued with a ballot paper and is about to leave a polling station has the ballot paper in his possession, the Presiding Officer or any person acting under his directions may search such person.

Any person who, being a Presiding Officer or a Returning Officer at an election-(a) gives a certificate or statement of result which to his knowledge is false in any material particular; or
(b) perversely and without lawful excuse refuses to render any 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,
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or to a fine of N5,000 or to both such fine and imprisonment.

Every person who is convicted of an offence against sections 59, 60, 61, 62 or 63 of this Act shall (in addition to any other punishment) not be eligible, during the period of three years after the date of his conviction-(a) of voting at any Local Government election in any State; or
(b) of being elected as a member of a Local Government Council or if elected before his conviction, of retaining his seat.

Any person who at any polling station or place being used for the counting of votes acts or incites others to act in a disorderly manner shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding N1,000 or to both such imprisonment and fine.

(1) No person shall, on the date or dates upon which a poll is taken in an election in respect of a Local Government Council-
(a) convene, hold or attend any public meeting in that Local Government Area;
(b) operate any megaphone, amplifier or public address apparatus in that Local Government Area for the purpose of making announcements concerning the election:
Provided that this paragraph shall not apply to the operation of any such apparatus, by an officer appointed under this Act, for the purpose of making official announcements relating to the election.
(2) No person shall on the date or dates on which a poll is taken at any polling station commit any of the following acts within the polling station or in any public or private place within a distance of two hundred metres of the polling station-
(a) canvassing for votes;
(b) soliciting the vote of any voter;
(c) persuading any voter to vote for a particular candidate;
(d) persuading any voter not to vote at the election;
(e) wearing, exhibiting or tendering any notice, sign, token, symbol, slogan, badge, photograph or party card referring to the election; or
(f) shouting slogans concerning the election.
(3) No candidate or 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 any voter (other than the candidate himself or his agent) to or from any polling station.
(4) No person shall bring alcoholic liquor into a polling station or a place being used for the counting of votes or shall consume alcoholic liquor in any such place.
(5) Any person who contravenes the provisions of subsections (1), (2), (3) and (4) of this section shall be guilty of an offence and shall be liable on conviction to a fine of N500 or to imprisonment for one year or to both such fine and imprisonment.

Any candidate or agent who records the serial number of a rejected ballot paper or of a ballot paper in contravention of the provisions Of paragraph 27 of the Fourth Schedule to this Act shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding N500 or to both such fine and imprisonment.

Any person who at a lawful public meeting to which this section applies-(a) acts or incites another 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 any offensive weapon or missile,
shall be guilty of an offence and liable on conviction to a fine of N500 or imprisonment for six months or to both such fine and imprisonment.

(1) Where a person is convicted of an offence against any of the provisions of this Part of this Act which disqualifies him from being elected as a member of a Local Government Council, the court by which he was convicted shall send to the Commission the judgement of the conviction and, if the person convicted has appealed, the judgement of the appeal.
(2) Any attempt or conspiracy to commit any offence specified in this Act shall be punishable in the same manner as the offence.
(3) Any offence committed under this Part of this Act shall be triable in a magistrate's court of the State concerned.
(4) Any prosecution under this Part of this Act shall be undertaken by the Attorney-General of the State in which the offence is committed.

(1) There shall be established for each State one or more election tribunals to be known as Local Government Council Election Tribunals which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine-
(a) petitions as to whether any person has been validly elected as Chairman of a Local Government Council or as Councillor;
(b) any question as to whether the term of office of any person as Chairman of a Local Government Council has ceased; and
(c) any question as to whether the seat of any Councillor in a Local Government Council has become vacant.
(2) A Local Government Council Election Tribunal shall consist of a Chairman and 2 other members all of whom shall be persons of unquestionable integrity who have not been involved in party politics.
(3) The Chairman shall be a person who has held office or is qualified to hold office of a Judge of a High Court.
(4) One of the members shall be a legal practitioner who has been so qualified for a period not less than 5 years and the other one shall be a non-member of the legal profession.
(5) The Chairman and other members shall be appointed by the Chief Judge of the State concerned.

No Local Government election and no return to a Local Government Council shall be questioned except by a petition complaining of an undue election or undue return (hereinafter referred to as an "election petition") presented to the Local Government Council Election Tribunal in accordance with the provisions of this Part of this Act.

(1) An election petition may be presented by one or more of the following persons-
(a) a person who voted at the election or who had a right so to vote; or
(b) a person claiming to have had a right to be elected or returned at the election; or
(c) a person alleging himself to have been a candidate at the election.
(2) The person whose election or return is complained of is hereinafter referred to as the respondent, but if the petition complains of the conduct of an Electoral Officer, Presiding Officer or Returning Officer, such Electoral Officer, Presiding Officer or Returning Officer shall for the purpose of this Act be deemed to be a respondent.

(1) An election may be questioned on the following grounds-
(a) that the person whose election was questioned was at the time of the election not qualified or was disqualified from being elected as a member of a Local Government Council; or
(b) that the election was avoided by corrupt practices or offences against this Act; or
(c) that the respondent was not duly elected by a majority of lawful votes 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 Commission or of any officer appointed for the purpose of the election but which is not contrary to this Act shall not of itself be a ground upon which the election may be questioned:
Provided that nothing in paragraph (a) of subsection (1) of this section shall affect or invalidate any decision of the Commission or of the Transition to Civil Rule Tribunal that a person has been banned or disqualified pursuant to or under the Participation in Politics and Election (Prohibition) Act.

(1) An election shall not be invalidated by reason of non-compliance with this Act if it appears to the court or tribunal that the election was conducted substantially in accordance with the principle of this Act and that the non-compliance did not affect substantially the result of the election.
(2) An election shall not be liable to be questioned by reason of defect in the title, or want of title, of the person conducting the election if that person was then in actual possession of, or acting in the office giving the right to conduct the election.

(1) Appeal shall lie to a competent High Court from the decisions of Local Government Council Election Tribunals established under this Act on any grounds specified in section 73 of this Act or on any question whether any person has been validly elected as Chairman or any other member of a Local Government Council or whether the seat of any such person has become vacant.
(2) The time within which to appeal to the competent High Court shall be within one month of the decision of the Local Government Council Election Tribunal.
(3) The decision of the competent High Court shall be final.
(4) In this section, any "competent High Court" means the High Court of the State within which the Local Government Area concerned is situated.

(1) If the Local Government Council Election Tribunal shall have determined that a candidate returned of notice of as elected was not duly elected, then any candidate declared by the tribunal as elected shall from the time of the decision of the Local Government Council Election Tribunal be deemed to be duly elected until any determination of the competent High Court to the contrary.
(2) If the Local Government Council Election Tribunal shall have determined that a candidate returned as elected was not duly elected and that the election was avoided then if notice of appeal from such determination shall have been given within one month, the candidate returned as elected shall, notwithstanding the decision of the Local Government Council Election Tribunal, be deemed to have been duly elected for the period until the determination of the competent High Court is given on such appeal or the appeal is abandoned.

The rules of procedure to be adopted for election petitions arising out of the elections shall be as set out in the Fifth Schedule to this Act.

Subject to the provisions of this Act, no person who has voted at an election held under this Act shall, in any legal proceedings arising out of the election, be required to state for whom he voted.

(1) Where a date has 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 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 upon 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 the Fourth Schedule to this Act as the date for the holding of the election.
(3) Where an election is postponed under this Act 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, upon 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.

(1) The Electoral Officer shall retain for six months all documents relating to an election forwarded to him in accordance with this Act and shall then, unless otherwise ordered by the Local Government Council Election Tribunal, or unless he is aware that legal proceedings are pending in respect of such election cause them to be destroyed.
(2) An order for-
(a) an inspection by production of any rejected ballot papers in the custody of an Electoral Officer; or
(b) the opening of a sealed packet of counterfoils in respect of any counted ballot papers or marked copy of a register of voters or any other packet in the custody of an Electoral Officer,
may be made by the Local Government Council Election Tribunal if the Tribunal is satisfied that the order required is for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of an election petition.
(3) An order for the opening of a packet of counterfoils or for the inspection of any counted or rejected ballot papers in such custody may be made by the Local Government Council Election Tribunal in the course of proceedings in an election petition.
(4) An order under this section may be made subject to such conditions as the Local Government Council Election Tribunal may think expedient.
(5) The documents (other than the documents referred to in subsection (2) of this section) relating to election retained by the Electoral Officer in accordance with subsection (1) of this section shall be open to inspection upon an order made by a Local Government Council Election Tribunal in exercise of its powers to compel the production of documents in legal proceedings but shall not otherwise be open to inspection.

(1) The Commission may prescribe-
(a) a scale of remuneration for officers appointed under this Act for the conduct of elections;
(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 an election and may revise the scales as and when it thinks fit.
(2) An Electoral Officer, a Presiding Officer and a Returning Officer shall, in addition to any remuneration prescribed under paragraph (a) of subsection (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.

(1) Notwithstanding any defect or error in any orders, notices, forms or documents previously made or given or other thing whatsoever done in pursuance of the provisions of this Act, such orders, notices, forms or documents are hereby validated for all purposes with effect from the dates on which the same were made, given or done respectively.

The forms set out in the Sixth Schedule to this Act or such other like forms as the Commission may prescribe may be used for the purposes of Local Government elections with respect to the matters contained therein.

(1) The Local Government Elections Act 1987 is hereby repealed.
(2) The repeal of the enactment specified in subsection (1) of this section shall not affect anything done under or pursuant to the said enactment.

In this Act, unless the context otherwise requires-
"Commission" means the National Electoral Commission;
"register of voters" in relation to a ward or constituency means the list of voters registered and eligible to vote in a Local Government ward or constituency;
"secret society" includes any association, group or body or persons (whether registered or not);(a) that uses secret signs, oaths, rites or symbols and which is formed to promote a cause, the purpose or part of the purpose of which is to foster the interest of its members and to aid one another under any circumstances without due regard to merit, fairplay or justice to the detriment of the legitimate interest of those who are not members;
(b) the membership of which is incompatible with the functions or dignity of any public office under the Constitution of the Federal Republic of Nigeria as amended and whose members are sworn to observe oaths of secrecy; and
(c) the activities of which are not known to the public at large, the names of whose members are kept secret and whose meetings and other activities are held in secret;
"Tribunal" means the Local Government Council Election Tribunal;
"ward" or "constituency" in relation to a Local Government Area means a ward or constituency established for that local Government Area.

This Act may be cited as the Local Government (Basic Constitutional and Transitional Provisions) Act.