Section 6
Establishment of office in each State, Federal Capital Territory and Local Government Area.(1) There is established in each State of the Federation, Federal Capital Territory and Local Government Area, an office of the Commission which shall perform such functions as may be assigned to it by the Commission.
(2) A person appointed to the office of a Resident Electoral Commissioner shall—
(a) be answerable to the Commission; and
(b) hold office for a term of five years from the date of his or her appointment which may be renewable for another term of five years and no more.
(3) The Resident Electoral Commissioner appointed under the Constitution may only be removed by the President, acting on an address supported by two-thirds majority of the Senate praying that the Resident Electoral Commissioner be so removed for inability to perform the functions of the office, whether arising from infirmity of mind or body or any other cause, or for misconduct.
Cap. C23 LFN, 2004.(4) The appointment of a Resident Electoral Commissioner shall be in compliance with section 14 (3) of the Constitution of the Federal Republic of Nigeria and section 4 of the Federal Character Commission (Establishment, etc.) Act.
Cap. F7 LFN, 2004.This section provides for the establishment of INEC State Offices for efficiency and to decentralise the activities of the Commission, whose election administration duties extend nationwide.
It also provides for a renewable 5-year term for Resident Electoral Commissioners (RECs) who heads the INEC State offices, but still working under the authority and supervision of the INEC Chairman in Abuja.
The repealed 2010 Act did not explicitly provide for a renewable term for RECs even though this was practiced. This has now been codified in the 2022 Act. They may only be removed from office before the end of their tenure in the same way that the INEC chairman and National Commissioners can be removed, which is by the President with Senate approval.
In addition, subsection (4) restates the principle of Federal Character which requires that federal appointments recognise the need for geographical balancing. By so doing, it reaffirms section 14 (3) of the Constitution and section 4 of the Federal Character Commission (Establishment, etc.) Act. This provision was not in the repealed 2010 Act even though Federal Character has been observed with the practice of appointment of RECs from each State of the Federation.
