Another Constitution

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Section 1. (1) The head of the Republic shall be the State President.

(2) The command-in-chief of the armed forces is vested in the State President.

(3) He shall, subject to the provisions of this Act, have power-
(a) with due regard to the provisions of this Act to dissolve the Senate or the House of Assembly or the Senate and the House of Assembly simultaneously;
(b) in accordance with the provisions of sections twenty and twenty-one to appoint Ministers and deputies to Ministers;
(c) to confer honors;
(d) to appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives, and other diplomatic officers, consuls, and consular officers;
(e) with due regard to the provisions of this Act to appoint the times for the holding of sessions of Parliament and to prorogue Parliament;
(f) to pardon or reprieve offenders, either unconditionally or subject to such conditions as he may deem fit, and to remit any fines, penalties, or forfeitures;
(g) to enter into and ratify international conventions, treaties, and agreements;
(h) to proclaim and terminate martial law;
(i) to declare war and make peace;
(j) to make such appointments as he may deem fit under powers conferred upon him by any law, and to exercise such powers and perform such functions as may be conferred or assigned to him under this Act or any other law.

Section 2. (1) The State President shall be elected by an electoral college consisting of the members of the Senate and the House of Assembly, at a meeting to be called in accordance with the provisions of this section and presided over by the Chief Justice of _____ or a judge of appeal designated by him.

(2) The election of a State President shall be held at a time and place to be fixed by the Speaker or (in his absence) the Secretary to the House of Assembly and made known by notice in the Gazette not less than fourteen days before such election.

(3) The date so fixed shall in respect of the first such election be a date before the thirty-first day of May, 1961, and in the case of any subsequent such election a date not less than one month and not more than three months before the termination of the period of office of the State President then holding office: Provided that if the State President dies or for any other reason vacates his office a date within three months after the office became vacant shall be so fixed.

(4) No person may be elected or serve as State President unless he is qualified to be nominated or elected and to take his seat as a member of the Senate.

(5) Any person holding any public office in respect of which he receives any renumeration or allowance out of public funds, who is elected as State President, shall vacate such office with effect from the date on which he is elected.

Section 3. (1) Nominations of candidates for election as State President shall be called for at the meeting at which the election is to take place, by the person presiding thereat.

(2) Every nomination shall be submitted in the form prescribed and shall be signed by two members of the electoral college and also by the person nominated, unless he has in writing or by telegram signified his willingness to accept nomination: Provided that in the case of the person for the time holding office as State President, nomination shall be by way of a decision such as is provided for in paragraph (a) of sub-section (1) of section four.

(3) The persons duly nominated as provided in sub-section (2) shall be announced at the meeting at which the election is to take place by the person presiding thereat, and no debate shall be allowed at the election.

(4) If in respect of any election only one nomination has been received, the person presiding at the meeting shall declare the candidate in question to be duly elected.

(5) Where more than one candidate is nominated for election, a vote shall be taken by secret ballot, each member of the electoral college present at the meeting in question having one vote, and any candidate in whose favor a majority of all the votes cast is recorded, shall be declared duly elected by the person presiding at the meeting.

(6) (a) If no candidate receives a majority of all the votes so cast, the candidate who received the smallest number of votes shall be eliminated and a further ballot taken in respect of the remaining candidates, this process being repeated as often as may be necessary until a candidate receives a majority of all the votes cast and is declared duly elected.
(b) Whenever two or more candidates being the lowest on the poll have received the same number of votes, the electoral college shall by separate vote, to be repeated as often as may be necessary, determine which of those candidates shall for the purposes of paragraph (a) be eliminated.

(7) (a) Whenever-
(i) only two candidates have been nominated; or
(ii) after the elimination of one or more candidates in accordance with the provisions of this section, only two candidates remain,
and there is an equality of votes between those two candidates, a further meeting shall be called in accordance with the provisions of section two, and the provisions of this section shall apply as if such further meeting were the first meeting called for the purposes of the election in question.
(b) At the third meeting called in connection with any particular election, the person presiding at the meeting shall in the event of an equality of votes between any two candidates under the circumstances described in paragraph (a), have and exercise a casting vote.

(8) (a) The Speaker of the House of Assembly shall make rules in regard to the procedure to be observed at a meeting of the electoral college, including rules prescribing the form in which any nomination shall be submitted, and rules defining the duties of the presiding officer and of any person appointed to assist him and prescribing the manner in which the ballot at any such meeting shall be conducted.
(b) Any such rules shall be made known in such manner as the Speaker of the House of Assembly may consider necessary.

Section 4. (1) (a) The State President shall hold office for a period of seven years from the date upon which he takes the oath prescribed in section six, and shall not on termination of his period of office be eligible for re-election, unless it is expressly otherwise decided by the electoral college.
(b) He shall cease to hold office on a resolution passed by the Senate and by the House of Assembly during the same session declaring him to be removed from office on the ground of misconduct or inability to perform efficiently the duties of his office.

(2) (a) No resolution shall be taken under paragraph (b) of sub-section (1), except after consideration of a report of a joint committee of the Senate and the House of Assembly appointed in pursuance of a resolution of the House of Assembly which has been concurred in by the Senate.
(b) The House of Assembly shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Speaker of the House of Assembly a petition signed by not less than thirty members of the House of Assembly and requesting that such a committee be appointed.
(c) In connection with any resolution contemplated in paragraph (b) no debate shall be allowed either in the Senate or in the House of Assembly.

(3) The State President may resign by lodging his resignation in writing with the Speaker of the House of Assembly, who shall forthwith advise the Prime Minister of such resignation.

(4) The State President shall not be absent from the Republic except with the prior consent of the Executive Council.

Section 5. Whenever the office of State President is vacant or the State President is for any reason unable to perform the duties of his office, the President of the Senate shall serve as Acting State President, and, if the office of President of the Senate is vacant or the holder of that office is unable to act, the Speaker of the House of Assembly or, if his office is vacant or he is unable to act, a person appointed by the Executive Council shall serve as Acting State President.

Section 6. The State President and any Acting State President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of _____ or a Judge of the Supreme Court of _____:

"In the presence of Almighty God and in the full realization of the high calling I assume as State President/Acting State President in the service of my people, I, A.B., do swear to be faithful to the Republic of _____ and do solemnly and sincerely promise at all times to promote that which will advance it, to oppose all that may harm it, and to dedicate myself to the welfare of its inhabitants, to obey, observe, uphold, and maintain the Constitution and all other Law of the Republic, to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience, to do justice unto all and to devote myself to the well-being of my people.
May the Almighty by His grace guide and sustain me in keeping this oath with honor and dignity.
So help me God."

Section 7. Any person who commits any act which is calculated to violate the dignity or injure the reputation of the State President or an Acting State President, shall be guilty of an offense and liable on conviction to a fine not exceeding two thousand dollars or imprisonment for a period not exceeding five years.

Section 8. (1) There shall be paid to the State President out of and as a charge on the Consolidated Revenue Fund, in addition to any allowances appropriated from time to time by Parliament, and apart from any privileges which he may enjoy, a salary of twenty-five thousand dollars per annum.
(2) The salary of the State President shall not be reduced during his term of office.

Section 9. (1) There shall be paid out of and as a charge on the Consolidated Revenue Fund-
(a) to any person who at any time has occupied the office of State President, a pension at the rate of six thousand dollars per annum;
(b) to the widow of any such person, unless her marriage to him took place after the date on which he vacated office, a pension at the rate of two-thirds of the rate of the pension payable to such person.

(2) Any pension under sub-section (1) shall be payable-
(a) in the case of the State President with effect from the day following that upon which he vacated office;
(b) in the case of his widow, with effect from the day following that upon which she became a widow.

Section 1. There shall be a President in and over _____ who shall be Commander-in-Chief of the Armed Forces of _____.

Section 2. The President shall have such powers and duties as are conferred or imposed upon him by or under this Constitution or any other law of the Legislature.

Section 3. (1) During any period when the office of the President is vacant or the President is absent from _____ or is for any reason unable to perform the functions of his office, those functions shall during that period be assumed and performed by such person as the Executive Council may appoint.

(2) Any person appointed in terms of sub-section (1) shall cease to perform the functions of the President after the President has informed him that he is about to resume his functions or when a new President assumes office in terms of this Constitution.

(3) The President or any person acting as the President shall not, for the purpose of this section, be regarded as absent from _____ or as unable to perform the functions of the office of the President at any time when there is a subsisting appointment of a deputy under section six.

Section 4. (1) Whenever the President-

(a) has occasion to be absent from the seat of Government but not from _____; or
(b) has occasion to be absent from _____ for a period which he has reason to believe will not exceed one month; or
(c) is suffering from an illness which he has reason to believe will be of short duration;

he may, by instrument under the Public Seal of _____, appoint any person in _____ to be his deputy during such absence or illness, and in that capacity to perform on his behalf such of the functions of the office of the President as may be specified in that instrument.

(2) The power and authority of the President shall not be abridged, altered, or in any way affected by the appointment of a deputy under this section and a deputy shall conform to and observe all instructions that the President may from time to time address to him:

Provided that the question whether or not a deputy has in any manner conformed to or observed any such instructions shall not be inquired into in any court.

(3) A person appointed as a deputy under this section shall hold the appointment for such period as may be specified in the instrument by which he is appointed, save that his appointment may be revoked at any time by the President.

Section 5. Any person who commits any act which is calculated to violate the dignity or injure the reputation of the President or Acting President or deputy shall be guilty of an offense and liable on conviction to a fine not exceeding two thousand dollars or imprisonment for a period not exceeding five years.

Chapter:
Parliament

Part I: General

Section 1. Legislative power shall be vested in Parliament, which shall consist of the Senate and the National Assembly.

Section 2. The President may appoint such times for holding the sessions of Parliament as he thinks fit, and may also from time to time, by proclamation or otherwise, prorogue Parliament, and may in like manner dissolve the National Assembly.

Section 3. There shall be a session of Parliament once at least in every year, so that twelve months shall not intervene between the last sitting of Parliament in one session and its first sitting in the next session.

Part II: The Senate

Section 1. (1) The Senate shall be composed of senators for each State, chosen by the legislature of the State.

(2) Until Parliament otherwise provides there shall be ten senators for each State. Parliament may make laws increasing or diminishing the number of senators for each State, but so that equal representation of the several States shall be maintained and that no State shall have less than ten senators.

Section 2. (1) The senators shall be chosen for a term of six years, and the names of the senators chosen for each State shall be certified by the Governor to the President.

(2) If the seat of a senator becomes vacant, the legislature for the State concerned shall appoint a person 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 3. The Senate may proceed to the dispatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.

Section 4. The Senate may from time to time establish standing committees for various matters as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the rules of the Senate, move that any matter be referred to such a committee for investigation and report.

Section 5. The Prime Minister or any Minister acting on his behalf shall at the commencement of each session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session.

Section 6. No person shall be qualified to be a senator unless he-
(a) is at least thirty-five years of age;
(b) is qualified to be registered as a voter for the election of members of the National Assembly in the State concerned;
(c) has resided for five years within the limits of the State concerned; and
(d) is a natural-born citizen of the Republic in full enjoyment of his political and civil rights.

Section 7. (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 office by a vote of the Senate, or he may by writing under his hand addressed to the President and delivered to the Prime Minister resign his office.

(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 8. A senator may, by writing under his hand addressed to the President of the Senate, resign his seat, which thereupon shall become vacant.

Section 9. Whenever the seat of a senator becomes vacant, whether in consequence of his resignation or otherwise, the President of the Senate, or in his absence the presiding senator, shall notify the legislature of the State in the representation of which the vacancy has happened, and the legislature shall as soon as practicable cause steps to be taken to have the vacancy filled.

Section 10. Until Parliament otherwise provides, the presence of at least one-third of the whole number of the senators shall be necessary to constitute a meeting of the Senate for the exercise of its powers.

Section 11. 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 National Assembly

Section 1. The National Assembly 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 National Assembly in such manner as the competent authority, acting with the approval of each house of Parliament 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 Parliament 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 electoral districts 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 Parliament.

Section 3. (1) Every electoral district established under Section 2 shall return to the National Assembly one member who shall be directly elected in such manner as may be prescribed by Parliament.

(2) The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Federal Electoral Commission.

(3) Until Parliament otherwise provides, the qualification of electors of members of the National Assembly shall be in each State that which is prescribed by the law of the State as the qualification of electors of the more numerous house of the legislature of the State; but in the choosing of members each elector shall vote only once.

Section 4. No person shall be qualified to be a member of the National Assembly 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 National Assembly in the State in which the electoral district for which he is elected is located;
(c) has resided for two years within the limits of the electoral district concerned; and
(d) is a natural-born citizen of the Republic in full enjoyment of his political and civil rights.

Section 5. (1) Every National Assembly shall continue for four years from the first meeting thereof, but may at any time be dissolved by the President of the Republic by proclamation in the Gazette.

(2) A general election of members of the National Assembly shall be held on such day within a period not exceeding four months after the issue of a proclamation dissolving the Assembly as the President of the Republic may in that proclamation fix.

(3) At any general election of members of the National Assembly, all polls shall be taken on one and the same day in all the constituencies throughout the Republic, such day to be appointed by the President of the Republic.

(4) After any general election the National Assembly shall assemble not later than thirty days after the day appointed for the return of the writs.

Section 6. (1) The National Assembly shall, before proceeding to the dispatch of any other business, choose a member to be Speaker of the National Assembly, and as often as the office of Speaker becomes vacant the National Assembly shall again choose a member to be the Speaker.

(2) The Speaker of the National Assembly shall cease to hold office if he ceases to be a member and he may be removed from office by a vote of the National Assembly, or he may by writing under his hand addressed to the President and delivered to the Prime Minister resign his office.

(3) Prior to or during the absence of the Speaker of the National Assembly, the National Assembly may choose a member to perform his duties in his absence.

Section 7. A member may, by writing under his hand addressed to the Speaker of the National Assembly, resign his seat, which thereupon shall become vacant.

Section 8. Whenever the seat of a member becomes vacant, whether in consequence of his resignation or otherwise, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from the Republic, the presiding member may issue the writ.

Section 9. Until Parliament otherwise provides, the presence of at least one-third of the whole number of the members of the National Assembly shall be necessary to constitute a meeting of the National Assembly for the exercise of its powers.

Section 10. All questions in the National Assembly shall be determined by a majority of votes of members present other than the Speaker of the National Assembly or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.

Part IV: Both Houses of Parliament

Section 1. Every senator and every member of the National Assembly 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 National Assembly, whether by effluxion of time or otherwise:
(a) every person who at the date of the dissolution is a member of the body concerned shall remain a member thereof;
(b) the said body shall remain competent to perform its functions; and
(c) the President shall have power to summon Parliament for the dispatch of business,

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. (1) A member of the Senate who is elected as a member of the National Assembly shall vacate his seat as a senator with effect from the date on which he becomes a member of the National Assembly.

(2) A member of the National Assembly who is appointed as a member of the Senate shall vacate his seat as a member of the National Assembly with effect from the date on which he becomes a member of the Senate.

(3) A Minister or a Deputy Minister who is a member of the Senate or the National Assembly and a member of the Senate shall have the right to sit and speak in the Senate and in the National Assembly, but shall vote only where he is a member.

Section 4. (1) No person shall be capable of being elected or appointed or of sitting as a member of the Senate or the National Assembly, 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.

(2) Paragraph (d) shall not apply to the office of any of the Ministers or Deputy Ministers of the Government.

Section 5. If a senator or a member of the National Assembly:
(a) becomes subject to any of the disabilities mentioned in Section 4; 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 National Assembly, 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 member of the National Assembly 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 National Assembly, he shall be liable to a penalty of five hundred 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 members of the National Assembly shall, unless otherwise provided by law, receive an annual compensation of fifty 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 members of the National Assembly, and to and from their places of residence in the case of senators, when attending sessions of Parliament. 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 National Assembly approving such increase. Until otherwise provided by law, the President of the Senate and the Speaker of the National Assembly shall each receive an annual compensation of seventy-five thousand dollars.

Section 8. All senators and members of the National Assembly 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 member of the National Assembly shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest while Parliament is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in Parliament or in any committee thereof.

Section 10. No senator or member of the National Assembly 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 Parliament 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) The Senate or the National Assembly may make rules and orders with respect to the order and conduct of its business and proceedings.

(2) If a joint sitting of the Senate and the National Assembly is required, it shall be convened by the President by message to the Senate and to the National Assembly.

(3) At any joint sitting referred to in sub-section (2) the Speaker of the National Assembly shall preside and the rules of the National Assembly shall, as far as practicable, apply.

Part V: Powers of Parliament

Section 1. Parliament shall have power-
(i) 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;
(ii) to borrow money on the public credit of the Republic;
(iii) to regulate trade and commerce with foreign nations;
(iv) to establish uniform laws of naturalization throughout the Republic;
(v) to coin money and regulate the value thereof, and of foreign coin;
(vi) to provide for the punishment of counterfeiting the securities and current coin of the Republic;
(vii) to fix the standard of weights and measures;
(viii) to provide and maintain a military, and to make rules for the government and regulation thereof;
(ix) to grant letters of marque and reprisal and make rules concerning captures on land, water, and in the air;
(x) to declare war and to make peace