Section 110 Nigerian Electoral Act
Section 110 Electoral Act 2022 is about Removal of Chairman or Vice- Chairman. It is under Part VI (Procedure for Election to Area Council) of the Act.
(1) The Chairman or Vice-Chairman may be removed from office in accordance with the provision of this section.
(2) Whenever a notice of any allegation of gross misconduct in writing signed by not less than one-third of the members of the Area Legislative Council stating that the holder of the office of Chairman or Vice-Chairman is guilty of misconduct in the performance of the functions of his office, detailed particulars shall be specified and presented to the Speaker of the Area Legislative Council.
(3) The Leader of the Area Legislative Council shall, within seven days of the notice, cause a copy of the notice to be served on the holder of the office and each member of the Area Legislative 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 Area Legislative Council.
(4) 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 Area Legislative Council, shall resolve by motion without any debate whether or not the allegation shall be investigated.
(5) A motion of the Area Legislative 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 Area Legislative Council.
(6) Within seven days of the passing of a motion under subsection (4), the Leader of the Area Legislative Council shall inform the Chief Judge of the Federal Capital Territory, Abuja, who shall appoint a panel of seven persons who, in the opinion of the Chief Judge, are of unquestionable integrity not
being members of —
(a) any public or civil service ;
(b) a legislative house ; or
(c) a political party, to investigate the allegation as provided in this section.
(7) The holder of an office whose conduct is being investigated under this section shall have the right to defend his or herself in person or be represented before the panel by a legal practitioner of his or her own choice.
(8) 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 an Act of the National Assembly ; and
(b) within three months of its appointment, report its findings to the Area Legislative Council.
(9) Where the panel reports to the Area Legislative Council that the allegation has not been proven, no further proceedings shall be taken in respect of the matter.
(10) 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 Area Legislative Council shall consider the report and if by a resolution of the Area Legislative Council supported by not less than twothirds 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.
