Constitution (alternate version)
From Roach Busters
Contents |
Part I - The President and the Vice-President of the Republic
1. The executive government of Ledgersia in regard to any aspect of its internal or external affairs is vested in the President of the Republic, who is the head of state and ex officio commander-in-chief of the armed forces.
2. (1) A person shall be qualified for election to the office of the President of the Republic if he-
(a) is a citizen of Ledgersia by birth;
(b) has attained forty years of age;
(c) is qualified to be registered as a voter for the election of members of the Chamber of Deputies in one of the States; and
(d) has resided for at least fifteen years within the limits of Ledgersia.
(2) A person shall not be qualified for election to the office of President if-
(a) he has voluntarily acquired the citizenship of a country other than Ledgersia or has made a declaration of allegiance to such other country; or
(b) under the law in any part of Ledgersia, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or
(c) he is under a sentence of imprisonment or fine for any offense involving dishonesty or fraud (by whatever name called) or for any other offense, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or
(d) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Ledgersia or any other country; or
(e) being a person employed in the civil or public service of the Republic or of any State, he has not resigned, withdrawn, or retired from the employment at least thirty days before the date of the election; or
(f) he has been indicted for embezzlement or fraud by any court, tribunal, or commission set up under any law by the federal government or any State government, which indictment has been accepted by the federal or State government, respectively; or
(g) he has presented a forged certificate to the Federal Electoral Commission.
(3) Where in respect of any person who has been-
(a) adjudged to be a lunatic or declared to be of unsound mind; or
(b) adjudged or declared bankrupt;
any appeal against the decision is pending in any court of law in accordance with any law in force in Ledgersia, subsection (2) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.
3. (1) The election of the President of the Republic shall be held ninety days before the end of the administration of the President of the Republic then holding office.
(2) The candidate who obtains an absolute majority of the votes validly cast shall be deemed to be elected President of the Republic. Blank and null and void votes shall be considered as if they had not been cast.
(3) Should there be more than two candidates in the presidential election, none of them obtaining more than half of the votes validly cast, a new election shall be held within twenty days from the announcement of the results. This election shall be limited to the two candidates with the highest relative majorities.
(4) Should one of the candidates, before the second round of voting is held, die, withdraw, or become legally impaired, the candidate with the highest number of votes among the remaining candidates shall be deemed to be elected President.
(5) If, in the event of the preceding subsections, more than one candidate with an equal number of votes remains in second place, the eldest one shall qualify.
4. In the event that, after ten days from the date scheduled for the inauguration, the President of the Republic, except by reason of force majeure has not taken office, the office shall be declared vacant.
5. The President shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever.
6. (1) A person elected to the office of President shall not begin to perform the functions of that office until he has declared his assets and liabilities and has taken and subscribed the following oath before the Chief Justice of the Supreme Court:
"I, A.B., do hereby swear (or affirm) to faithfully perform my duties as President (or Vice-President) of the Republic, to preserve the independence of the nation, to maintain, defend, and uphold the Constitution and all other laws of the Republic, and to consecrate myself to the service of the people. So help me God."
(In case of affirmation, the last sentence may be omitted.)
(2) The President of the Republic shall take office immediately after taking the oath as prescribed in the previous subsection.
7. (1) The President of the Republic shall hold office for a term of six years. He may not be re-elected for the consecutive period, and re-election shall be permitted only once.
(2) The term of office of the President of the Republic shall commence on January 1 of the year following the year of his election.
(3) The President of the Republic shall leave office on the same day on which his term of office is completed and shall be succeeded by the newly-elected President of the Republic.
8. The President shall not be absent from Ledgersia for a period of more than fifteen days or during the last ninety days of his administration except with the prior consent of the Senate.
(2) In any case, the President of the Republic shall communicate the Senate with due anticipation, his decision to leave the country and the reasons therefor.
(3) Failure to comply with the provisions of subsections (1) and (2) shall automatically entail loss of office.
9. powers of the President
10. (1) There shall be for Ledgersia a Vice-President of the Republic.
(2) In any election to which the foregoing provisions of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid.
(3) The provisions of this Chapter relating to qualification for election, tenure of office, disqualification, declaration of assets and liabilities, and oaths of President shall apply in relation to the office of Vice-President as if references to President were references to the Vice-President.
(4) The Vice-President of the Republic shall replace the President of the Republic in the event of impediment and shall succeed him in the event of vacancy.
(5) In addition to other duties attributed to him by a supplementary law, the Vice-President of the Republic shall assist the President of the Republic whenever summoned by him for special missions.
11. In the event of impediment of the President and the Vice-President of the Republic or of vacancy of the respective offices, the functions and duties of the President of the Republic shall be assumed and performed by the Speaker of the House of Representatives or, if the office of Speaker is absent or the holder of that office is unable to act, the President of the Senate or, if his office is vacant or he is unable to act, the Chief Justice of the Supreme Court.
12. (1) In the event of vacancy of the offices of President and Vice-President of the Republic, elections shall be held ninety days after the occurrence of the last vacancy.
(2) If the vacancy occurs during the last two years of the President of the Republic's term of office, the elections for both offices shall be held thirty days after the last vacancy as established bv law.
(3) In any of the cases, those elected shall complete the term of office of their predecessors.
13. (1) The President or Vice-President of the Republic, as the case may be, shall answer before Parliament for crimes committed in the performance of his functions.
(2) If charges against the President or Vice-President of the Republic, as the case may be, are accepted by at least two-thirds of the members of the House of Representatives, he shall be submitted to trial before the Senate.
(3) The President or Vice-President of the Republic, as the case may be, shall not be convicted without the concurrence of at least two-thirds of the members of the Senate.
(4) Conviction shall cause removal from office and disqualification from re-election.
(5) For crimes that are not committed in the performance of his functions, the President or Vice-President of the Republic, as the case may be, shall answer before the common courts, once his term of office has ended.
14. (1) The President of the Republic may resign his office by lodging his resignation in writing to the Chief Justice of the Supreme Court.
(2) The Vice-President of the Republic may resign his office by lodging his resignation in writing to the President of the Republic.
15. (1) The President and Vice-President of the Republic shall receive such salaries and allowances as shall be prescribed by a law of Parliament.
(2) The salaries of the President and Vice-President of the Republic shall not be increased or decreased during their term of office.
Chapter
The Federal Congress
The Federal Congress
Part I: General
Section 1. Legislative power shall be vested in the Federal Congress, hereinafter referred to as Congress, which shall consist of the Senate and the Chamber of Deputies.
Section 2.
Part II: The Senate
Section 1. The Senate shall be composed of members appointed by the legislatures of each of the states of the Republic. Each state shall appoint ten senators, in the manner determined by the constitution of the state concerned.
Section 2. The term of office for Senators shall be eight years.
Section 3. A Senator may be removed at any time from office by the legislature of the state from which he was appointed, by a vote of two-thirds of the members of the legislature concerned. In the event of such removal, the state legislature shall, as soon as practicable, appoint a Senator to hold the seat until the completion of the period for which the person in whose stead he is appointed would have held the seat.
Section 4. (1) No person shall serve as Senator for more than two terms, consecutive or otherwise.
(2) No Senator who has previously resigned his seat or been recalled by the legislature from which he was appointed shall be eligible for re-appointment to the Senate.
Section 5. No person shall be qualified to serve as a member of the Senate unless he-
(a) is at least forty years of age;
(b) is qualified to be registered as a voter for the election of members of the Chamber of Deputies in the state from which he shall be appointed;
(c) has completed secondary education or the equivalent;
(d) has resided for five years within the limits of the state concerned; and
(e) is a natural-born citizen of _____ in full enjoyment of his political and civil rights.
Section 6. (1) The Senate shall, before proceeding to the dispatch of any other business, choose a Senator to be President of the Senate, and as often as the office of President becomes vacant the Senate shall again choose a Senator to be the President.
(2) The President of the Senate shall cease to hold office if he ceases to be a Senator and he may be removed from the Presidency of the Senate by a vote of two-thirds of the members of the Senate, or he may resign as President of the Senate by writing under his hand addressed to the President of the Republic.
(3) Prior to or during the absence of the President of the Senate, the Senate may choose a Senator to perform his duties in his absence.
Section 7. (1) A Senator may, by writing under his hand addressed to the President of the Senate, resign his seat, which thereupon shall become vacant.
(2) Whenever the seat of a Senator becomes vacant, whether in consequence of his resignation or otherwise, the legislature of the state from which the Senator was appointed shall, as soon as practicable, appoint a Senator to hold the seat until the completion of the period for which the person in whose stead he is appointed would have held the seat.
Section 8. All questions in the Senate shall be determined by a majority of votes of Senators present other than the President of the Senate or the presiding Senator, who shall, however, have and exercise a casting vote in the case of an equality of votes.
Part III: The Chamber of Deputies
Section 1. The Chamber of Deputies shall be composed of 175 members, directly chosen by the voters of the Republic in electoral districts delimited as hereinafter provided.
Section 2. (1) ______ shall be divided into as many electoral districts as there are members of the Chamber of Deputies in such manner as the competent authority, acting with the approval of each house of Congress signified by resolution, may prescribe.
(2) No electoral district shall form part of more than one state and the boundaries of each electoral district shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable, provided that the number of inhabitants of an electoral district may be greater or less than the population quota in order to take account of means of communication, geographical features, the distribution of different communities, and the boundaries of the states.
(3) The competent authority shall review the division of ______ into electoral districts at intervals of not less than five and not more than ten years and may alter the electoral districts in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review: Provided that that authority may at any time carry out such a review and alter the electoral districts in accordance with the provisions of this section to such extent as it considers necessary.
(4) Where the boundaries of any electoral district established under this section are altered in accordance with the provisions of this section, that alteration shall come into effect after the expiration of the full term of all the members of Congress approving such alteration.
(5) In this section "population quota" means the number obtained by dividing the number of the inhabitants of _____ by the number of constituencies into which _____ is divided under this section.
(6) For the purposes of this section the number of inhabitants of _____ or any part thereof shall be ascertained by reference to the latest census of the population of _____.
(7) In this section "the competent authority" means the Federal Electoral Commission or such other authority consisting of a chairman appointed by the President of the Republic, and of members appointed in like manner to represent the states (each state being equally represented) as may be established in that behalf by Congress.
Section 3. (1) Every electoral district established under Section 2 shall return to the Chamber of Deputies one member who shall be directly elected in such manner as may be prescribed by Congress.
(2) The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Federal Electoral Commission.
Section 4. No person shall be qualified to serve as a member of the Chamber of Deputies unless he-
(a) is at least twenty-five years of age;
(b) is qualified to be registered as a voter for the election of members of the Chamber of Deputies in the state in which the electoral district for which he will be elected is located;
(c) has completed secondary education or the equivalent;
(d) has resided for two years within the limits of the electoral district concerned; and
(e) is a natural-born citizen of _____ in full enjoyment of his political and civil rights.
Section 5. The term of office for Deputies shall be four years.
Section 6. (1) A Deputy may be recalled by the electorate of the electoral district from which he was elected, as provided in this Section.
(2) A petition to recall the Deputy must be signed by not less than fifty thousand electors of the electoral district concerned, and delivered to the President of the Chamber of Deputies.
(3) An election to determine whether to recall the Deputy and, if appropriate, to elect a successor shall be called by the President of the Chamber of Deputies and held not less than 30 days nor more than 60 days from the date of certification of sufficient signatures.
(4) If a majority of the electorate votes in favor of recalling the Deputy, the Deputy shall thereupon resign his office, and, if there is a candidate, the candidate who receives a plurality shall succeed the Deputy. The candidate elected to succeed the Deputy shall hold his seat until the completion of the period for which the Deputy in whose stead he was elected would have held the seat.
(5) If a majority of the electorate does not vote in favor of recalling the Deputy, a new petition to recall the Deputy may not be submitted sooner than 100 days after the conclusion of the election last held for the purpose of deciding whether to recall the Deputy.
Section 7. (1) No person shall serve as Deputy for more than three terms, consecutive or otherwise.
(2) No Deputy who has previously resigned his seat or been recalled by the electorate of his electoral district shall be eligible for re-election to the Chamber of Deputies.
Section 8. (1) The Chamber of Deputies shall, before proceeding to the dispatch of any other business, choose a Deputy to be President of the Chamber of Deputies, and as often as the office of President becomes vacant the Chamber of Deputies shall again choose a Deputy to be the President.
(2) The President of the Chamber of Deputies shall cease to hold office if he ceases to be a Deputy and he may be removed from the Presidency of the Chamber of Deputies by a vote of two-thirds of the members of the Chamber, or he may resign as President of the Chamber of Deputies by writing under his hand addressed to the President of the Republic.
(3) Prior to or during the absence of the President of the Chamber of Deputies, the Chamber may choose a Deputy to perform his duties in his absence.
Section 9. (1) A Deputy may, by writing under his hand addressed to the President of the Chamber of Deputies, resign his seat, which thereupon shall become vacant.
(2) Whenever the seat of a Deputy becomes vacant, whether in consequence of his resignation or otherwise, the President of the Chamber of Deputies shall, as soon as practicable, call an election in the electoral district from which that Deputy was elected, to elect a successor. The person elected to succeed that Deputy shall hold his seat until the completion of the period for which the person in whose stead he was elected would have held the seat.
Section 10. All questions in the Chamber of Deputies shall be determined by a majority of votes of Deputies present other than the President of the Chamber of Deputies or the presiding Deputy, who shall, however, have and exercise a casting vote in the case of an equality of votes.
Part IV: Both Houses of Congress
Section 1. Every Senator and every Deputy shall, before taking his seat, make and subscribe before the Chief Justice, or some person authorized by him, an oath in the following form:
"I, A.B., do hereby swear (or affirm) to be faithful to the Republic of _____, to hold my office with honor and dignity, to respect and uphold the Constitution and all other laws of the Republic, to consecrate myself to the service of the nation, and to perform the duties of my office conscientiously and to the best of my ability. So help me God."
(In case of affirmation, the last sentence will be omitted)
Section 2. Notwithstanding any dissolution of the Senate or the Chamber of Deputies by effluxion of time, every person who at the date of the dissolution is a member of the body concerned shall remain a member thereof, and the said body shall remain competent to perform its functions, during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.
Section 3. No one may serve as a Senator and a Deputy simultaneously. A member of the Senate who is elected as a member of the Chamber of Deputies shall vacate his seat as a Senator with effect from the date on which he becomes a member of the Chamber of Deputies. A member of the Chamber of Deputies who is appointed as a Senator shall vacate his seat as a Deputy with effect from the date on which he becomes a member of the Senate.
Section 4. No person shall be capable of being elected as a member of the Chamber of Deputies or of being appointed as a member of the Senate if he:
(a) has voluntarily acquired citizenship of a country other than _____ or has made a declaration of allegiance to such a country; or
(b) is adjudged to be a lunatic or otherwise declared to be of unsound mind by a competent court; or
(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Republic; or
(d) is a member of the public service of the Republic or the public service of a state, a member of the armed forces, or the holder of any other office or emolument under the Republic; or
(e) is under a sentence of imprisonment exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court.
Section 5. If a Senator or a Deputy:
(a) becomes subject to any of the disabilities mentioned in the last preceding sub-section; or
(b) ceases to be qualified as required by law; or
(c) fails for a whole ordinary session to attend without the special leave of the Senate or the Chamber of Deputies, whichever the case may be;
his seat shall thereupon become vacant.
Section 6. If any person who is by law incapable of sitting as a Senator or Deputy shall, while so disqualified and knowing or having reasonable grounds for knowing that he is so disqualified, sit or vote as a member of the Senate or the Chamber of Deputies, he shall be liable to a penalty of one thousand dollars for each day on which he shall so sit or vote, to be recovered on behalf of the Federal Treasury by action of the Supreme Court.
Section 7. Senators and Deputies shall, unless otherwise provided by law, receive an annual compensation of forty-five thousand dollars each, including per diems and other emoluments or allowances and exclusive only of traveling expenses to and from their respective electoral districts in the case of Deputies, and to and from their places of residence in the case of Senators, when attending sessions of Congress. No increase in said compensation shall take effect until after the expiration of the full term of all the members of the Senate and of the Chamber of Deputies approving such increase. Until otherwise provided by law, the President of the Senate and the President of the Chamber of Deputies shall each receive an annual compensation of sixty thousand dollars.
Section 8. All Senators and Deputies shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the house concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.
Section 9. A Senator or Deputy shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest while Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in Congress or in any committee thereof.
Section 10. No Senator or Deputy shall directly or indirectly be financially interested in any contract with the government or any subdivision or instrumentality thereof, or in any franchise or special privilege granted by Congress during his term of office. He shall not appear as counsel before court in any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein an officer or employee of the government is accused of an offense committed in relation to his office, or collect any fee for his appearance in any administrative proceedings; or accept employment to intervene in any cause or matter where he may be called upon to act on account of his office.
Section 11. (1) A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner, and under such penalties, as such chamber may provide.
(2) Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of all its members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed thirty days.
(3) Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the members present, be entered in the journal. Each house shall also keep a record of its proceedings.
(4) The meetings of each house shall be public. Upon a motion of one-fifth of the members of the house concerned, the public may, by a two-thirds majority vote, be excluded. The decision on the motion shall be taken at a meeting not open to the public.
(5) If a joint sitting of the Senate and the Chamber of Deputies is required, it shall be convened by the President of the Republic by message to the Senate and to the Chamber of Deputies.
(6) At any joint sitting referred to in subsection (4) the President of the Chamber of Deputies shall preside and the rules of the Chamber of Deputies shall, as far as practicable, apply.
(7) Any joint sitting of both houses of Congress shall be public, unless Congress, by a two-thirds majority vote of both houses, decides otherwise.
(8) Neither house during the sessions of Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
Section 12. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited and published annually with an itemized list of amounts paid to and expenses incurred for each member.
Section 13. The Senate or the Chamber of Deputies or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.
Section 14. The heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either house, as the rules of each house shall provide, appear before and be heard by such house on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the President of the Chamber of Deputies at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto.
Part V: Powers of Congress
Section 1. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the Chamber of Deputies, but the Senate may propose or concur with amendments.
Section 2. (1) Congress may not increase the appropriations recommended by the President for the operation of the government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.
(3) The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the Federal Treasury, or to be raised by a corresponding revenue proposal therein.
(5) No law shall be passed authorizing any transfer of appropriations.
(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by Congress.
Section 3. (1) No money shall be paid out of the Federal Treasury except in pursuance of an appropriation made by law.
(2) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the government.
Section 4. Congress shall have power:
(a) to lay and collect taxes, duties, imposts, and excises for revenue, necessary to pay the debts, provide for the common defense, and carry on the government of the Republic; but no bounties shall be granted from the Federal Treasury; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout the Republic;
(b) to borrow money on the credit of the Republic;
(c) to regulate commerce with foreign nations; but neither this, nor any other clause contained in the Constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce;
(d) to coin money and regulate the value thereof; but Congress may not make anything but gold and silver coin legal tender;
(e) to provide for the punishment of counterfeiting the securities and current coin of the Republic;
(f) to fix the standard of weights and measures;
(g) to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
(h) to declare, by a vote of two-thirds of both houses in joint session assembled, voting separately, the existence of a state of war;
(i) to grant letters of marque and reprisal and make rules concerning captures on land, water, and in the air;
(j) to raise and support a military, and to make rules for the government and regulation thereof;
(k) to provide for calling forth the militia to suppress insurrections and repel invasion;
(l) to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Republic; reserving to the states, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; and
(m) to exercise exclusive legislation, in all cases whatsoever, over such district as may, by cession of one or more states and the acceptance of Congress, become the seat of the federal government of the Republic; and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.
Part VI: Limitations on Congress
to be added
Ministers of Government of Federation
81. - (1) There shall be a Prime Minister of the Federation, who shall be appointed by the Governor-General.
(2) Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a member of the House of Representatives who appears to him likely to command the support of the majority of the members of the House.
(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government of the Federation as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the Governor-General, acting in accordance with the advice of the Prime Minister.
(4) Appointments to the office of Minister of the Government of the Federation other than the office of Prime Minister shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister.
(5) A person shall not hold office at the same time both as a Minister of the Government of the Federation and as a Minister of the Government of a Region.
(6) Subject to the provisions of subsection (11) of this section, a person who holds office as a Minister of the Government of the Federation for any period of four consecutive months without also being a Senator or a member of the House of Representatives shall cease to be a Minister at the expiration of that period or, if that period expires at a time when Parliament is dissolved and he does not in the meantime become a Senator or a member of the House of Representatives, at the date on which Parliament first meets after that dissolution.
(7) Subject to the provisions of subsection (11) of this section, a person who holds office as a Minister of the Government of the Federation and who is at no time while holding that office also a Senator or a member of the House of Representatives shall not be qualified for reappointment as such a Minister before Parliament is next dissolved after he ceases to hold that office, unless in the meantime he has become a Senator or a member of the House of Representatives.
(8) The office of the Prime Minister shall become vacant -
(a) when, after any dissolution of the House of Representatives, the Prime Minister is informed by the Governor-General that the Governor-General is about to reappoint him as Prime Minister or to appoint another person as Prime Minister; or
(b) if he ceases to be a member of the House of Representatives otherwise than by reason of a dissolution of Parliament.
(9) The office of a Minister of the Government of the Federation other than the Prime Minister shall become vacant if the office of Prime Minister becomes vacant.
(10) Subject to the provisions of subsections (8) and (9) of this section, the Ministers of the Government of the Federation shall hold office during the Governor-General's pleasure: Provided that -
(a) the Governor-General shall not remove the Prime Minister from office unless it appears to him that the Prime Minister no longer commands the support of a majority of the members of the House of Representatives; and
(b) the Governor-General shall not remove a Minister other than the Prime Minister from office except in accordance with the advice of the Prime Minister.
(11) The office of the Attorney-General of the Federation shall be that of a Minister of the Government of the Federation: Provided that--
(a) the provisions of subsections (6) and (7) of this section shall not apply in relation to a person holding that office;
(b) if the person holding that office is for any reason unable to perform the functions conferred upon him by this Constitution or any other law, those functions may be performed by such other person (whether or not that person is a Minister) as may from time to time be designated in that behalf by the Governor-General acting in accordance with the advice of the Prime Minister; and
(c) a person shall not be qualified to hold that office or to perform the functions conferred upon the person holding that office by this Constitution or any other law unless he is qualified for admission as an advocate in Nigeria and has been so qualified for at least ten years.
Establishment of Council of Ministers
82. – (1) There shall be a Council of Ministers for the Federation, whose function shall be to advise the Governor-General in the government of the Federation and which shall consist of the Prime Minister and such other persons, being Ministers of the Government of the Federation, as the Governor-General, acting in accordance with the advice of the Prime Minister, may from time to time appoint.
(2) A person appointed as a member of the Council of Ministers shall vacate his seat in the Council if he ceases to be a Minister of the Government of the Federation or if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs.
Collective responsibility
83. – (1) The Council of Ministers shall be collectively responsible to Parliament for any advice given to the Governor-General by or under the general authority of the Council and for all things done by or under the authority of any Minister of the Government of the Federation in the execution of his office.
(2) The provisions of this section shall not apply in relation to –
(a) the appointment and removal from office of Ministers of the Government of the Federation members of the Council of Ministers and Parliamentary Secretaries to Ministers, the assignment of portfolios to Ministers of the authorization of another member of the Council of Ministers to perform the functions of the Prime Minister during absence or illness;
(b) the dissolution of Parliament; or
(c) the matters referred to in section 94 of this Constitution (which relates to the prerogative of mercy)
Allocation of portfolios to Ministers
84. The Governor-General, acting in accordance with the advice of the Prime Minister, may assign to the Prime Minister or any other Minister of the Government of the Federation responsibility for any business of the Government of the Federation, including the administration of any department of government.
Performance of functions of Prime Minister during absence or illness
85. – (1) Whenever the Prime Minister is absent from Nigeria or is by reason of illness unable to perform the functions conferred upon him by his Constitution, the Governor-General may authorize some other member of the Council of Ministers of the Federation to perform those functions (other than the functions conferred by this section) and that member may perform those functions until his authority is revoked by the Governor-General.
(2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister: Provided that if the Governor-General considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness he may exercise those powers without that advice. Exercise of Governor-General’s powers
86. - (1) In the exercise of his functions under this Constitution or any other law the Governor-General shall act in accordance with the advice of the Council of Ministers or a Minister of the Government of the Federation acting under the general authority of the Council of Ministers except in cases where by this Constitution he is required to act in accordance with the advice of any person or authority other than the Council of Ministers: Provided that the Governor-General shall act in accordance with his own deliberate judgment in the performance of the following
(a) in the exercise of the powers relating to the dissolution of Parliament conferred upon him by the proviso to subsection (4) of section 63 of this Constitution;
(b) in the exercise of the power to appoint the Prime Minister conferred upon him by subsection (2) of section 81 of this Constitution;
(c) in the exercise of the powers conferred upon him by section 85 of this Constitution (which relates to the performance of the functions of the Prime Minister during absence or illness) in the circumstances described in the proviso to subsection (2) of that section; and
(d) in signifying his approval for the purposes of section 141 of this Constitution of an appointment to an office on his personal staff.
(2) Where by this Constitution the Governor-General is required to act in accordance with the advice of any person or authority, the question whether he has in any case received, or acted in accordance with, such advice shall not be enquired into in any court of law. Governor-General to be informed concerning matters of government
87. The Prime Minister shall keep the Governor-General fully informed concerning the general conduct of the government of the Federation and shall furnish the Governor-General with such information as he may request with respect to any particular matter relating to the government of the Federation. Parliamentary Secretaries
88. - (1) The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among .the Senators and the members of the House of Representatives to assist Ministers of the Government of the Federation in the performance of their duties.
(2) The office of a Parliamentary Secretary shall become vacant-
(a) if he ceases to be a member of one or other House of Parliament otherwise than by reason of a dissolution of Parliament;
(b) if the office of Prime Minister becomes vacant; or
(c) if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs. Oaths to be taken by Ministers, etc.
89. A member of the Council of Ministers, Minister of the Government of the Federation or Parliamentary Secretary to such a Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament. Permanent Secretaries
90. Where any Minister of the Government of the Federation has been charged with responsibility for any department of government, he shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a permanent secretary, whose office shah be an office in the public service of the Federation: Provided that two or more government departments may be placed under the supervision of one permanent secretary. Constitution of offices for Federation, etc.
91. Subject to the provisions of this Constitution and of any Act of Parliament, the Governor-General, in Her Majesty's name and on Her Majesty's behalf, may constitute offices for the Federation, make appointments to any such office and terminate any such appointment. Delegation of executive authority of Federation
9.2. - (1) The Governor-General may, with the consent of the Governor of a Region, entrust either conditionally or unconditionally to the Governor or to any officer or authority of that Region functions in relation to any matter to which the executive authority of the Federation extends falling to be performed within that Region: Provided that the consent of the Governor shall not be required during any such period as is referred to in section 65 or 66 of this Constitution.
(2) An Act of Parliament may include provision conferring powers or imposing duties, or authorising the conferring of powers or the imposition of duties, upon the Governor of a Region or any officer or authority of a Region: Provided that, save during any such period as is referred to in section 65 or 66 of this Constitution, no provision made in pursuance of this section shall have effect in relation to any Region unless the Governor has consented to its having effect. Delegation of executive authority of Region
93. - (1) The Governor of a Region may, with the consent of the Governor-General, entrust either conditionally or unconditionally to the Governor-General or to any officer or authority of the Federation functions in relation to any matter to which the executive authority of the Region extends.
(2) A law enacted by the legislature of a Region may include provision conferring powers or imposing duties, or authorising the conferring of powers or the imposition of duties, upon the Governor- General or any officer or authority of the Federation: Provided that no provision made in pursuance of this subsection shall have effect unless the Governor-General has consented to its having effect.
Prerogative of mercy
94. - (1) The Governor-General may, in Her Majesty's name and on Her Majesty's behalf -
(a) grant to any person concerned in or convicted of any offence created by or under an Act of Parliament a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or
(d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the Crown on account of such an offence.
(2) Subject to the provisions of subsection (3) of this section, the powers of the Governor-General under subsection (1) of this section shall be exercised by him in accordance with the advice of such member of the Council of Ministers as may from time to time be designated in that behalf by the Governor-General, acting in accordance with the advice of the Prime Minister.
(3) In relation to persons concerned in offences against naval, military or air-force law or convicted or sentenced by courts-martial, the Governor-General, acting in accordance with the advice of the Prime Minister, may designate a member of the Council of Ministers other than the member designated for the purposes of subsection (2) of this section and at any time when there is another member so designated the powers of the Governor-General under subsection (1) of this section shall, in relation to such persons, be exercised in accordance with the advice of that other member.
(4) The provisions of this section shall apply -
(a) in relation to any offence created by or under any law in force in the Federal territory, not being an offence created by or under an Act of Parliament; and'
(b) in relation to any offence created by or under any law in force in a Region relating to any matter included in the Exclusive Legislative List or the Concurrent Legislative List, not being an offence created by or under an Act of Parliament or a law made by the Legislature of that Region, as they apply in relation to an offence created by or under an Act of Parliament. Establishment of Advisory Council on Prerogative of Mercy
95. - (1) There shall be for the Federation an Advisory Council on the Prerogative of Mercy, which shall consist of -
(a) such member of the Council of Ministers of the Federation as may for the time being be designated under subsection (2) of section 94 of this Constitution, who shall be chairman;
(b) where the chairman is a Minister other than the Attorney- General of the Federation, the Attorney-General; and
(c) not less than five and not more than seven other members, who shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, of whom at least one shall be a person who is qualified to practise as a medical practitioner in Nigeria.
(2) A person shall not be qualified for appointment by the Governor-General as a member of the Advisory Council if he is a member of either House of Parliament, a member of a legislative house of a Region, a Minister of the Government of the Federation or a Minister of the Government of a Region.
(3) A member of the Advisory Council appointed by the Governor-General shall hold office for three years: Provided that his seat on the Council shall become vacant--
(a) if any circumstances arise that, if he were not a member of the Council, would cause him to be disqualified for appointment as such; or
(b) if he is removed from office by the Governor-General, acting in accordance with the advice of the Prime Minister, for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour.
Functions of Advisory Council
96. - (1) Where any person has been sentenced to death by any court of law in Nigeria other than a court-martial for any offence created by or under an Act of Parliament the member of the Council of Ministers designated under subsection (2) of section 94 of this Constitution shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the member may require, to be taken into consideration at a meeting of the Advisory Council; and after obtaining the advice of the Council the member shall decide in his own deliberate judgment whether to recommend to the Governor- General that he should exercise any of his powers under that section in relation to that person.
(2) The member of the Council of Ministers designated under subsection (2) of section 94 of this Constitution may consult with the Advisory Council before making any recommendation to the Governor-General under that subsection in any case not falling within subsection (1) of this section but he shall not be obliged to act in accordance with the advice of the Council.
(3) The Advisory Council may regulate its own procedure.
Public prosecutions
97. - (1) There shall be a Director of Public Prosecutions for the Federation, whose office shall be an office in the public service of the Federation.
(2) The Director of Public Prosecutions of the Federation shall have power in any case in which he considers it desirable so to do -
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a courtmartial in respect of any offence created by or under any Act of Parliament;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and
(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
(3) The powers of the Director of Public Prosecutions of the Federation under subsection (2) of this section may be exercised by him in person or through members of his staff acting under and in accordance with his general or special instructions.
(4) The Director of Public Prosecutions of the Federation may confer a general or special authority upon the Director of Public Prosecutions of a Region to exercise, subject to such conditions and exceptions as he may think fit, any of the powers conferred upon him by subsection (2) of this section in relation to prosecutions in that Region and may vary or revoke any such authority.
(5) The. powers conferred upon the Director of Public Prosecutions of the Federation by paragraphs (b) and (c) of subsection (2) of this section shah be vested in him to the exclusion of any other person or authority: Provided that, where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.
(6) In the exercise of the powers conferred upon him by this section the Director of Public Prosecutions of the Federation shall not be subject to the direction or control of any other person or authority.
(7) For the purposes of this section any appeal from any deterruination in any criminal proceedings before any court of law or any case stated or question of law reserved for the purposes of any such proceedings to any other court or to Her Majesty in Council shall be deemed to be part of those proceedings.
(8) The provisions of this section shall apply--
(a) in relation to any offence created by or under any law in force in the Federal territory, not being an offence created by or under an Act of Parliament; and
(b) in relation to any offence created by or under any law in force in a Region relating to any matter included in the Exclusive Legislative List or the Concurrent Legislative List, not being an offence created by or under an Act of Parliament or a law made by the Legislature of that Region, as they apply in relation to an offence created by or under an Act of Parliament.
