Appointment of Independent Electoral Commission

(1) There shall be an Independent Electoral Commission which shall consist of— ( a ) a Chairman who shall be a judge of the High Court appointed by the Judicial Service Commission; ( b ) a legal practitioner appointed by the Judicial Service Commission; and ( c ) five other persons who are fit, proper and impartial, appointed by the Judicial Service Commission from a list of persons recommended by the All Party Conference. (2) Where the All Party Conference fail to agree on all or any number of persons referred to in subsection (1)( c ) of this section up to dissolution of Parliament, the Judicial Service Commission shall appoint such person or persons as are necessary to fill any vacancy. (3) For the purposes of this section, “All Party Conference” means a meeting of all registered political parties convened from time to time by the Minister. (4) The first appointments of the Chairman and the Members of the Commission shall be made not later than 31st January, 1999, and thereafter subsequent appointments shall be made at the last dissolution of every two successive lives of Parliament. (5) The Chairman and the members of the Commission shall hold office for a period of two successive lives of Parliament. (6) A person shall not be qualified to be appointed as a member of the Independent Electoral Commission if— ( a ) he or she has been declared insolvent or adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged, or has made a composition with his or her creditors and has not paid his or her debts in full; or ( b ) he or she has been convicted of any offence involving dishonesty in any country. (7) A person appointed a member of the Commission shall not enter upon the duties of the office of Commissioner until he or she has taken and subscribed the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by an Act of Parliament. (8) The Commission shall regulate its own procedure and proceedings. (9) The Chairman shall preside over all proceedings, and in his or her absence, the legal practitioner referred to in subsection (1)( b ) shall preside over the proceedings. (10) The quorum shall be four members, one of whom shall be the Chairman or the said legal practitioner. (11) All issues shall be decided by the decision of the majority of the members present and voting. (12) The Commission shall be responsible for— ( a ) the conduct and supervision of elections of the Elected Members of the National Assembly and members of a local authority, and conduct of a referendum; ( b ) giving instructions and directions to the Secretary of the Commission appointed under section 66 in regard to the exercise of his or her functions under the electoral law prescribed by an Act of Parliament; ( c ) ensuring that elections are conducted efficiently, properly, freely and fairly; and ( d ) performing such other functions as may be prescribed by an Act of Parliament. (13) The Commission shall on the completion of any election conducted by it, submit a report on the exercise of its functions under the preceding provisions of this section to the Minister for the time being responsible for matters relating to such elections, and that Minister shall, not later than seven days after the National Assembly first meets after he or she has received the report, lay it before the National Assembly.