Section 10, The Local Government Act, 2004

(1) Whenever a vacancy occurs among the elected Councillors, a bye-election shall be held by the National Electoral Commission to fill such vacancy within ninety days of the occurrence of the vacancy, but if the vacancy occurs within a period of six months before the end of the tenure of office of the elected Councillor, no bye-election shall be held. (2) A person elected under subsection (1) to fill a vacancy shall hold office, subject to this Act, for the unexpired term of the previous elected Councillor. (3) Where a vacancy occurs among the Paramount Chief Councillors, the Paramount Chiefs in the locality shall, where applicable fill such vacancy by selecting another Paramount Chief. (4) A Paramount Chief selected under subsection (3) shall hold office, subject to this Act, for the unexpired term of the previous Paramount Chief Councillor.