LOCAL GOVERNMENT (BASIC CONSTITUTIONAL AND TRANSITIONAL PROVISIONS) ACT

Section 9: Election of Chairman and Council of Members.

1989Section 9 of 86Federal Republic of Nigeria

(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.

Cite this section

Section 9, LOCAL GOVERNMENT (BASIC CONSTITUTIONAL AND TRANSITIONAL PROVISIONS) ACT (1989).

https://repo.podus.ai/laws/local-government-basic-constitutional-and-transitional-provisions-act/section/9/