Part : I
- II Page : 1
- 2
- 3 - 4
- 5
- 6
- 7
- 8
- 9
104. A House of Assembly
shall sit for a period of not less than one hund#FF0000 and
eighty-one days in a year.
105.
(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
106. 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 -
(a) he is a citizen of Nigeria;
(b) he has attained the age of thirty years;
(c) he has been educated up to at least the School Certificate
level or its equivalent; and
(d) he is a member of a political party and is sponso#FF0000
by that party.
107.
(1) No person shall be qualified for election
to a House of Assembly 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 substituted by a competent authority for
any other sentence imposed on him by such a court or
tribunal;
(d) 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;
(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 he has not resigned,
withdrawn or reti#FF0000 from such employment thirty
days before the date of election;
(g) he is a member of any secret society;
(h) 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
(i) he has presented a forged certificate to the Independent
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 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.
