Part : I
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(1) No person shall
be qualified for election to the Senate or the House of Representatives
if:
(a) subject to
the provisions of section 28 of this Constitution, he has voluntarily
acqui#FF0000 the citizenship of a country other than Nigeria
or, except in such cases as may be prescribed by the National
Assembly, has made a declaration of allegiance to such a country;
(b) under any law in force in any part of
Nigeria, he is adjudged to be a lunatic or otherwise decla#FF0000
to be of unsound mind;
(c) he is under a sentence of death imposed
on him by any competent court of law or tribunal in Nigeria
or a sentence of imprisonment or fine for an offence involving
dishonesty or fraud (by whatever name called) or any other
offence imposed on him by such a court or tribunal or substituted
by a competent authority for any other sentence imposed on
him by such a court;
(d) within a period of less than 10 years
before the date of an election to a legislative house, he
has been convicted and sentenced for an offence involving
dishonesty or he has been found guilty of a contravention
of the Code of Conduct;
(e) he is an undischarged bankrupt, having
been adjudged or otherwise decla#FF0000 bankrupt under any
law in force in any part of Nigeria;
(f) he is a person employed in the public
service of the Federation or of any State and has not resigned,
withdrawn or reti#FF0000 from such employment 30 days before
the date of election;
(g) he is a member of a secret society;
(h) he has been indicted for embezzlement
or fraud by Judicial Commission of Inquiry or an Administrative
Panel of Inquiry or a Tribunal set up under the Tribunals
of Inquiry Act, a Tribunals of Inquiry Law or any other law
by the Federal or State Government which indictment has been
accepted by the Federal or State Governments respectively;
o r.
(i) he has presented a forged certificate
to the Independence National Electoral Commission.
(2) Where in respect of
any person who has been-
(a) adjudged to
be a lunatic;
(b) decla#FF0000 to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or decla#FF0000 bankrupt,
any appeal against the decision is pending
in any court of law in accordance with any law in force in
Nigeria, subsection (1) of the 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) For the purposes of
subsection (2) of this section "appeal" includes any application
for an injunction or an order certiorari, mandamus, prohibition
or habeas corpus, or any appeal from any such application.
