Section 110
Removal of Chairman or Vice-Chairman(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 ViceChairman 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 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.
This provision details the procedure to be followed in the removal of the Chairman or Vice Chairman of an Area Council. It mirrors the provisions of sections 143 and 188 of the Constitution dealing with the Removal of President and Governor/Deputy Governor from office respectively. These sections basically outline the procedure for impeachment of the holder of an executive office usually on the grounds of gross misconduct.
Gross misconduct is not defined in the Electoral Act. However, section 143 (11) of the Constitution defines it (in the case of a President) as “a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to be gross misconduct.”
It re-enforces the principle of checks and balances between the executive and legislative arms at the Area council level by subjecting the Chairman/Vice Chairman to the scrutiny and oversight of the Area legislative council.
The outlined procedure ensures that due process is followed before a Chairman or Vice-Chairman is removed from office, and this includes the requirement for him/her to be informed of the misconduct allegation(s) in writing, providing him/her with time and opportunity to respond to the allegations, as well as the requirement of a resolution of members to not only trigger impeachment proceedings (one-third of members) but to also conduct an investigation (two-thirds majority of members of the council).
To ensure fair hearing and impartiality, the investigation is to be conducted by a panel of 7 persons of integrity to be set up by the Chief Judge of the Federal Capital Territory and by so doing, pulls in the third arm of government. The person being investigated is allowed to be defended by a lawyer is he/she choses.
A panel which undertakes the investigation is required to conclude and report its findings within 3 months to the Area Legislative Council. If found culpable and the report subsequently adopted by two-thirds majority of members, such Chairman or Vice-Chairman will be removed.
Sections 143 and 188 of the Constitution dealing with the Removal of President and Governor/Deputy Governor from office respectively.
