Section 12, The Local Government Act, 2004

(1) Subject to subsection (2), a Chairperson may beremoved from office by the local council by a resolution supported by two-thirds of the Councillors on any of the following grounds- (a) abuse of office; (b) corruption; (c) gross incompetence; (d) gross misconduct or misbehaviour; (e) such physical or mental incapacity as would render the Chairperson incapable of performing his duties; or (f) failure or refusal without justifiable reasons to implement lawful decisions of the local (2) For purposes of removing the Chairperson under subsection (1) other than paragraph (e), a notice in writing signed by not less than two-thirds of all the members of the council shall be submitted to the Minister– (a) stating that they intend to pass a resolution of the council to remove the Chairperson on any of the grounds set out in subsection (1); (b) setting out the particulars of the charge supported by the necessary documents where applicable on which it is claimed that the conduct of the Chairperson be investigated for purposes of his removal. (3) The Minister shall, seven days after receipt of the notice referred to in subsection (2) cause a copy to be transmitted to the Chairperson and the Chief Justice. (4) The Chief Justice shall, within seven days after receipt of the notice transmitted under subsection (3) constitute a Panel comprising a Justice of the High Court and two other persons to investigate the allegations contained in the notice and to report its findings to the council stating whether or not there is a prima facie case for the removal of the Chairperson. (5) The Chairperson is entitled to appear at the proceedings of the Panel and to be represented by a legal practitioner or other person of his choice. (6) If the Panel determines that there is a prima facie case for the removal of the Chairperson under subsection (1) other than paragraph (e) and if the local council passes a resolution for his removal supported by the votes of not less than two-thirds of all members of the council the Chairperson shall cease to hold office. (7) For the purposes of removal of the Chairperson on grounds of physical or mental incapacity under paragraph (e) of subsection (1), there shall be submitted to the Minister a notice in writing signed by not less than two-thirds of all the members of the local council– Removal of Chairpersons. (a) stating that they intend to pass a resolution of the Council for the removal of the Chairperson on grounds of physical or mental incapacity; and (b) giving particulars of the alleged incapacity. (8) The Minister shall, within seven days after receipt of the notice referred to in subsection (7) cause a copy to be transmitted to the Chairperson and the Chief Justice. (9) The Chief Justice shall, within seven days after receipt of the notice transmitted in subsection (8) and after consultation with the Medical and Dental Council, constitute a Medical Board comprising three qualified medical specialists to examine the Chairperson in respect of the alleged incapacity and to report its findings to the local council. (10) The Chief Justice shall inform the Chairperson of this action when the Medical Board is constituted. (11) The Medical Board shall examine the Chairperson within fourteen days after its establishment. (12) The Chairperson shall submit himself to the Medical Board for examination on a day and at a time determined by the Board. (13) If the Medical Board determines that the Chairperson is by reason of physical or mental incapacity unable to perform the functions of the office of Chairperson and the council passes the resolution for his removal supported by the votes of not less than two-thirds of all members of the council, the Chairperson shall cease to hold office. (14) If the Medical Board, after the expiration of the period of fourteen days referred to in subsection (11) reports that the Chairperson has failed or refused to submit to the Medical Board and the local council passes the resolution for his removal supported by the votes of not less than two-thirds of all members of the council, the Chairperson shall cease to hold office. (15) The Minister shall request the Deputy Chairperson to convene the local council within fourteen days after the receipt of the report of the Panel or Medical Board, as the case may be, a copy of which shall be served on the Minister. (16) The motion for the removal of the Chairperson shall be moved within fourteen days of the receipt by the Minister of the copy of the report of the Panel or the Medical Board, and failure to do so shall render the resolution null and void. (17) The Chairperson is entitled to appear in person and be heard during the proceedings of the local council relating to the motion for a resolution under this section. (18) The expenses of the Panel and Medical Board shall be met by the relevant local council.