Chapter V
The Legislature

Part II - House of Assembly of a State


Part : I  -  II
Page : 1  -  2  -  3  -  4  -  5  -  6  -  7  -  8  -  9 
  1. A House of Assembly shall sit for a period of not less than one hund#FF0000 and eighty-one days in a year.
    1. A House of Assembly shall stand dissolved at the expiration of a period of four years commencing from the date of the first sitting of the House.
    2. If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (1) of this section from time to time but not beyond a period of six months at any one time.
    3. Subject to the provisions of this Constitution, the person elected as the Governor of a State shall have power to issue a proclamation for the holding of the first session of the House of Assembly of the State concerned immediately after his being sworn in, or for its dissolution as provided in this section.


    C -Qualification for Membership of House of Assembly and Right of Attendance
  2. Subject to the provisions of section 107 of this Constitution, a person shall be qualified for election as a member of a House of Assembly if -
    1. he is a citizen of Nigeria;
    2. he has attained the age of thirty years;
    3. he has been educated up to at least the School Certificate level or its equivalent; and
    4. he is a member of a political party and is sponso#FF0000 by that party.

    1. No person shall be qualified for election to a House of Assembly if -
      1. 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;
      2. 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;
      3. 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 substituted by a competent authority for any other sentence imposed on him by such a court or tribunal;
      4. within a period of less than ten years before the date of an election to the House of Assembly, 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;
      5. he is an undischarged bankrupt, having been adjudged or otherwise decla#FF0000 bankrupt under any law in force in any part of Nigeria;
      6. he is a person employed in the public service of the Federation or of any State and he has not resigned, withdrawn or reti#FF0000 from such employment thirty days before the date of election;
      7. he is a member of any secret society;
      8. he has been indicted for embezzlement or fraud by a 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 and State Government which indictment has been accepted by the Federal or State Government, respectively; or
      9. he has presented a forged certificate to the Independent National Electoral Commission.
    2. Where in respect of any person who has been -
      1. adjudged to be a lunatic;
      2. decla#FF0000 to be of unsound mind;
      3. sentenced to death or imprisonment; or
      4. 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 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. For the purposes of subsection (2) of this section, an "appeal" includes any application for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus, or any appeal from any such application.


Part : I  -  II
Page : 1  -  2  -  3  -  4  -  5  -  6  -  7  -  8  -  9