LOCAL GOVERNMENT (BASIC CONSTITUTIONAL AND TRANSITIONAL PROVISIONS) ACT
Section 11: Removal of Chairman or 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.
Cite this section
Section 11, LOCAL GOVERNMENT (BASIC CONSTITUTIONAL AND TRANSITIONAL PROVISIONS) ACT (1989).
https://repo.podus.ai/laws/local-government-basic-constitutional-and-transitional-provisions-act/section/11/