ARRANGEMENT OF SECTION

SECTION

1. Creation of new Local Government Areas.
2. Local Government Areas of the State.
3. Elected officers to maintain elective positions.
4. Power of Chairman and Vice-Chairman.
5. Power of Government to appoint persons to act.
6. All acting positions to be temporary.
7. State Independent Electoral Commission to conduct elections.
8. Existing Bye-Laws.
9. Continuance of certain powers.
10. Existing staff and pensions.
11. Proceedings of courts.
12. Transfer of immovable public property to the new Local Government Areas.
13. Governor to set up Assets and Liabilities Sharing Committees.
14. Interpretation.
15. Short title and commencement.



SCHEDULE
Local Government Areas of the State.



GOVERNMENT OF BAYELSA STATE OF NIGERIA LOCAL GOVERNMENT AREAS (CREATION AND TRANSITIONAL PROVISIONS)
LAW, 1999

A law to provide for the creation of new Local Government Areas in Bayelsa State of Nigeria and other connected matters.

Commencement.

WHEREAS:-
(a)      It is in the interest of a balanced and stable Bayelsa State of Nigeria to create more Local Government Areas:

(b)     The creation of more Local Government Areas out of the present Local Government Areas structure will ensure further extension of the decentralization of power and

(c)     The creation of more Local Government Areas will enhance the structure of political and social mobilization and the provisions of major development centres in the State.

BE IT THEREFORE ENACTED by the House of Assembly of Bayelsa State of Nigeria and by authority of same as follows:-

1.(1) As from the Commencement of this Law and notwithstanding the provisions of any other enactment or law, there shall be created for Bayelsa State of Nigeria, 25 new Local government Areas, namely-
(a)      Kaiko/Ibe-Awo;
(b)     Akassa;
(c)     Opuokede Creek:
(d)     Oporomor West
(e)      Aleibiri
(f)      Alabene
(g)     Mein/Oyiakiri
(h)     Tarakiri
(i)      Toru-Abubou
(j)      Odi  
(k)     Ogbia Central
(l)      Kolo Creek
(m)    Anyama     
(n)     Okoroma/Tereke
(o)     Nembe West
(p)     Nembe East
(q)     Mini-Ikensi
(r)      Gbarain/Ekpetiama
(s)      Okordia/Zarama/Biseni
(t)      Apoi/Olodiama
(u)     Bassan/Koluama
(v)     Ogboin North
(w)     Ogboin south/Tarakiri
(x)     Bomo East and
(y)     Bomo Central/West

(2)     Subject to the provisions of section 3 to 13 of this Law, the new Local Government Areas created by subsection (1) of this section shall have the same rights, powers and privileges, as the Local Government Areas existing prior to the commencement of this Law.

2.       There shall be 32 Local Government Areas for  the State and each Local Government Area shall have the name given to it in the first column and the headquarters in the second column and the area of each Local Government Area shall comprise the towns, villages and settlements in the third column of the schedule to this Law.

3. Without prejudice to the provisions of this Law, all elected officers including the Chairman and the vice-Chairman, holding elective offices in the old Local Government Areas prior to the commencement of this Law, shall continue to hold such offices and shall relinquish them only in accordance with the provisions of the Law under which they were elected:

4.       (1) Pursuant to section 3 of this Law, the Chairman and vice-Chairman of a Local Government Area shall have powers as follows:-.

(a)      The Chairman of a Local Government Area, with Local Government Area has no Vice-Chairman, shall nominate and with the approval of a simple majority of the members of the Local Government Council, appoint an acting Vice-Chairman from amongst the members of the Local Government Council; and

(b)     The Vice-Chairman of a Local Government Area, which Local Government Area has no Chairman, shall become the Chairman of that Local Government Area and shall nominate and with the approval of a simple majority of the members of the Local Government Council, appoint an acting Vice-Chairman from amongst the members of the Local Government Council.

5. Where a Local Government Area has neither a Chairman nor a Vice-Chairman, the Governor shall nominate and with the approval of a simple majority of the members of the State House of Assembly, appoint an acting Chairman and an acting Vice-Chairman from amongst the members of the Local Government Council.

6.       All persons holding acting offices under section 4 and 5 of this Law. Shall hold the offices only until such a time that persons are duly elected by Law to hold such offices.

7.       Notwithstanding the provisions of section 4 and 5 of this law. The State Independent Electoral Commission shall conduct elections for all vacant elective positions in each of the Local Government Areas of the State within 6 months of the creation of the new Local Government Areas.

8.       All existing Bye-Laws in the Local Government Area out of which a new Local Government Area is created by this Law shall continue to have effect in the new Local Government Areas thus created, subject to such limits and modifications as may be necessary, to bring them into conformity with this Laws.

9.       Without prejudice to the provisions of this Law relating to existing laws, every Court and every other public body or body corporate which immediately before the commencement of this Law exercise those functions in the Local Government Areas until other Bye-Laws are enacted to the contrary.


10. (1)         Any person who immediately before the commencement of this Law held office as a member of a Local Government Service of a Local Government Area affected by this Law and exercised the functions of the office at or from a place in the area of a Local Government Area created by this Law, shall, at any time, unless he is removed from or resigns the office in the manner provided by law, choose to continue to hold and exercise the functions of the office in either the old Local Government Area or the new Local Government Area or until same is changed or altered by an authority having power to do so.

11.     Any proceeding pending before any Court in respect of a Local Government Area immediately before the commencement of this Law may, after such commencement be continued before that Court and shall not be adversely affected by the provisions of this Law.

12.     (1) Subject to the provisions of subsection (2) of this section, and notwithstanding the provisions of section 13, any immovable property which immediately before the commencement of this Law, was situate in the area comprised in a new Local Government Are created by this Law and was held by a body corporate directly established by a Bye-Law of the Local Government Area or an instrument having effect as such Bye-Law shall, by virtue of this section and without further assurance that this section, vest in the Chairman of the new Local Government Area concerned and be held by him for the purpose of the governance of that Local Government Area and no compensation shall be payable in respect of any transfer effected by this section.

(2) Nothing in this section shall apply to-

1. any property held on behalf of the Federation or immovable property and chattels in the ownership of statutory corporations or, as the case may be, of companies, owned or controlled by the Government of the Federation; and
2. any property held on behalf of the state for the purpose of the Government of the State or immovable



13.     (1)     The Governor shall set up Assets and Liabilities Sharing Committees to share the assets and liabilities between the old Local Government Areas and the new Local government Areas.

(2)     The Members of the Assets and Liabilities Sharing Committees to be set up shall be appointed by the Governor.



14.     In this Law, unless the context otherwise requires-

“Chairman” means Chairman of a Local Government Area;

“Councilor” means a member of a Local Government Council;

“ Governor” means the Governor of Bayelsa State:

“Government of the Federation” means the Government of the Federal Republic of Nigeria.

“New Local Government Area” means a Local Government Area that is created by this Law, from an old Local Government Area.

“Old Local Government Area” means a Local Government Area that was existing before the commencement of this Law.

“State” means Bayelsa State of Nigeria; and

“Vice-Chairman” means Vice-Chairman of a Local Government Area.

15.     This Law may be cited as the Local Government Areas (Creation and Transitional Provisions) Law, 1999 and comes into force on the
__________ Day of __________________ 1999.