CHAPTER
XIV |
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LOCAL GOVERNMENT
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Functions
of local government authorities
6 of 1995 |
146.
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There shall
be local government authorities which shall have such powers as are vested
in them by this Constitution and an Act of Parliament.
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Local government authorities
shall be responsible for the representation of the people over whom they
have jurisdiction, for their welfare and shall have responsibility for
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the promotion of infrastructural
and economic development, through the formulation and execution of local
development plans and the encouragement of business enterprise;
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the presentation to central
government authorities of local development plans and the promotion of
the awareness of local issues to national government;
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the consolidation and promotion
of local democratic institutions and democratic participation; and
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such other functions, including
the registration of birth and deaths and participation in the delivery
of essential and local services, as may be prescribed by any Act of Parliament.
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Parliament shall, where possible,
provide that issues of local policy and administration be decided on at
local levels under the supervision of local government authorities.
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Parliament shall ensure that
the composition of local government authorities includes a prescribed number
of persons serving as Chiefs in the area of jurisdiction of such authorities
and affords equal representation in respect of each ward within its jurisdiction,
and that the boundaries of each ward shall be designated by the Electoral
Commission in accordance with section 148.
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Composition
of local government authorities
6 of 1995
1 of 1997 |
147.
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Local government
authorities shall consist of local government officers who shall be
elected
by free, secret and equal suffrage by the registered voters in the area
over which that local government authority is to have jurisdiction and
the election shall be organized, conducted and supervised by the Electoral
Commission.
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The offices of local government
shall include mayors in cities and municipalities and local councillors
in all areas and local government officers shall have such functions, powers
and responsibilities as shall be laid down by an Act of Parliament.
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There shall be, in respect
of each local government authority, such administrative personnel, subordinate
to local government officers, as shall be required to execute and administer
the lawful resolutions and policies of those officers.
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There shall be a Local Government
Service Commission, the composition, functions, powers and procedures of
which shall be provided for by an Act of Parliament.
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Jurisdiction
of local government authorities |
148.
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Subject
to the recommendations of the Electoral Commission, and in accordance with
the principles laid down in this Constitution and any other law relating
to national elections, there shall be drawn boundaries for local government
authorities.
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Any boundaries determining
the territorial jurisdiction of any local government authority shall be
geographical only, without reference to race, colour, tribe or ethnic origin
of the inhabitants of the area.
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National
Local Government Finance Committee, its establishment, |
149.
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There shall
be a National Local Government Finance Committee which shall hear submissions
from each and every local government authority in respect of estimates
of expenditure and requests for special disbursements and shall have such
other powers and functions as may be conferred on it by this Constitution
or an Act of Parliament.
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The National Local Government
Finance Committee shall have the power to -
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receive all estimates of revenue
and all projected budgets of all local government authorities;
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supervise and audit accounts
of local government authorities, in accordance with any Act of Parliament,
Assembly, subject to the recommendations of the Auditor General;
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make recommendations relating
to the distribution of funds allocated to local government authorities,
and vary the amount payable from time to time and area to area according
to, and with sole consideration of, economic, geographic and demographic
variables;
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prepare a consolidated budget
for all local government authorities and estimates after consultation with
the Treasury, which shall be presented to the National Assembly by the
Minister responsible for Local Government before the commencement of each
financial year; and
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make application to that Minister
for supplementary funds where necessary.
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Duty
to provide adequate resources for local government functions |
150.
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Government shall be under a duty to ensure that there is adequate provision
of resources necessary for the proper exercise of local government functions
and to this effect shall allow a local government authority to keep such
proportion of the revenue collected by that authority as shall be prescribed
by the National Local Government Finance Committee. |
Composition
of National Local Government Finance Committee |
151.
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The members
of the National Local Government Finance the Committee
shall be -
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one person who shall be nominated
from time to time in that behalf by a caucus of local government authorities;
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the Principal Secretary for
Local Government;
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one person who is a professionally
qualified and practising accountant appointed by the Public Appointments
Committee on the recommendation of the Minister responsible for Local Government;
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the Chairman of the Civil
Service Commission or such member of that Commission as shall be nominated
by the Chairman from time to time in that behalf; and
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one person who shall be nominated
from time to time in that behalf by the Electoral Commission.
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Except for persons who are
or become members of the Local Government Finance Committee by virtue of
holding office as Principal Secretary for Local Government or by Chairman
or member of the Civil Service Commission, the term of office of a member
of the National Local Government Finance Committee shall expire -
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three years after the date
that member was first appointed; or
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on removal by the President
on the recommendation of the Public Appointments Committee, but no member
shall be recommended for removal under this paragraph unless the Public
Appointments Committee is satisfied that he or she is –
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not competent to exercise
the duties of that office;
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compromised to the extent
that his or her financial probity is in serious question; or
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otherwise incapacitated.
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