Section 111
Permanent incapacity of Chairman or Vice-Chairman of an Area Council(1) The Chairman or Vice-Chairman of an Area Council shall cease to hold office if —
(a) by resolution passed by two-thirds majority of all members of the Executive Council of the Area Council, it is declared that the Chairman or Vice-Chairman is incapable of discharging the functions of his or her office; and
(b) the declaration in paragraph (a) is verified, after such medical examination panel established under subsection (4) in its report to the Speaker of the Area Legislative Council.
(2) Where the medical panel certifies in its report that, in its opinion, the Chairman or Vice-Chairman is suffering from such infirmity of body or mind as renders him permanently incapable of performing the functions of his office, a notice signed by the Speaker of the Area Legislative Council shall be published in the Official Gazette of the Area Council.
(3) The Chairman or Vice-Chairman shall cease to hold office as from the date of publication of the notice of the medical report under subsection (2).
(4) The medical panel to which this section relates shall be appointed by the Speaker of the Area Legislative Council and shall consist of five medical practitioners in Nigeria—
(a) one of whom shall be the personal physician of the holder of the office concerned; and
(b) four other medical practitioners who have, in the opinion of the Speaker of the Area Legislative Council, attained a high degree of eminence in the field of medicine relative to the nature of examination to be conducted in accordance with the provisions of this section.
(5) In this section, the reference to “Executive Council of the Area Council” is a reference to the body of Supervisory Councilors of the Area Council, established by the Chairman and charged with such responsibility for the functions of government as the Chairman may direct.
This provision outlines the procedure of removing a Chairman or Vice Chairman of the Area Council on grounds of permanent incapacitation, which is basically a reference to mental incapacity or infirmity of body or mind that renders him/her permanently incapable of performing the functions of the office.
This mirrors sections 144 and 189 of the Constitution dealing with Permanent incapacity of President/Vice-President and Governor/Deputy Governor respectively.
The procedure can only be commenced by two-thirds majority of all members of the Executive Council of the Area Council (i.e., body of supervisory councilors or the Cabinet of the Area Council) declaring the Chairman or Vice-Chairman’s inability to function in that capacity. However, the determination of permanent incapacity must be made and certified by a medical panel established by the Speaker of the Area Council.
OBI V. INEC & ORS (2007) LPELR-24347 (SC).
See also Sections 144 & 189 of the 1999 Constitution dealing with Permanent incapacity of President/Vice-President and Governor/Deputy Governor respectively.