Legal basis for administrative requirements at the national level

Nigeria

Nigeria

Answer
  • Constitutional
  • Specific laws / legislation
Source

Constitution of the Federal Republic of Nigeria 1999 (last amended 2011)

http://www.chr.up.ac.za/chr_old/indigenous/documents/Nigeria/Legislation/Constitution%20of%20Nigeria.pdf

Article 8 (Mandatory Referendum)

1 An Act of the National Assembly for the purpose of creating a new State shall only be passed if-

b) a proposal for the creation of the State is thereafter approved in a referendum by at least two-thirds majority of the people of the area where the demand for creation of the State originated;

(c) the result of the referendum is then approved by a simple majority of all the States of the Federation supported by a simple majority of members of the Houses of Assembly;

3 A bill for a Law of a House of Assembly for the purpose of creating a new local government area shall only be passed if - 

(b) a proposal for the creation of the local government area is thereafter approved in a referendum by at least two-thirds majority of the people of the local government area where the demand for the proposed local government area originated;

(c) the result of the referendum is then approved by a simple majority of the members in each local government council in a majority of all the local government councils in the State; and

Article 69 (Recall)

A member of the Senate or of the House Representatives may be recalled as such a member if -

(a) there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that member's constituency alleging their loss of confidence in that member; and

(b) the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member's constituency.

Article 110 (Recall)

A member of the House of Assembly may be recalled as such a member if -

(a) there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that members's constituency alleging their loss of confidence in that member; and

(b) the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of the receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member's constituency.

Electoral Act (2010)

http://placng.org/Electoral%20Act%202010-%20as%20Gazetted.pdf

Article 116 Electoral Code (29/07/2010 last amendment)

A member of an Area Council may be recalled as a member if-

(a) there is presented to the Chairman of the Commission a petition in that

behalf signed by not less than one-half of the persons registered to vote in

that member’s constituency alleging their loss of confidence in that

member and which signatures are duly verified by the Independent

National Electoral Commission; and

(b) the petition is thereafter approved in a referendum conducted by the

Commission within 90 days of the date of the receipt of the petition by a simple

majority of the votes of the persons registered to vote in that member’s constituency.

Comment

 

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