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108.
(1) The Governor of a State may attend a meeting of
a House of Assembly of the State either to deliver an address
on State affairs or to make such statement on the policy of
government as he may consider to be of importance to the State.
(2) A Commissioner of the Government of a State shall attend
the House of Assembly of the State if invited to explain to
the House of Assembly the conduct of his Ministry, and in
particular when the affairs of that Ministry are under discussion.
(3) Nothing in this section shall enable any person who is
not a member of a House of Assembly to vote in that House
or in any of its committees.
109.
(1) A member of a House of Assembly shall vacate his
seat in the House if -
(a) he becomes a member of another legislative house;
(b) any other circumstances arise that, if he were not
a member of that House, would cause him to be disqualified
for election as such a member;
(c) he ceases to be a citizen of Nigeria;
(d) he becomes President, Vice-President, Governor, Deputy
Governor or a Minister of the Government of the Federation
or a Commissioner of the Government of a State or a Special
Adviser;
(e) save as otherwise prescribed by this Constitution,
he becomes a member of a commission or other body established
by this Constitution or by any other law;
(f) without just cause he is absent from meetings of the
House of Assembly for a period amounting in the aggregate
to more than one-third of the total number of days during
which the House meets in any one year;
(g) being a person whose election to the House of Assembly
was sponso#FF0000 by a political party, he becomes a member
of another political party before the expiration of the
period for which that House was elected:
Provided that his membership of the latter political party
is not as a result of a division in the political party
of which he was previously a member or of a merger of two
or more political parties or factions by one of which he
was previously sponso#FF0000; or
(h) the Speaker of the House of Assembly receives a certificate
under the hand of the Chairman of the Independent National
Electoral Commission stating that the provisions of section
110 of this Constitution have been complied with in respect
of the recall of the member.
(2) The Speaker of the House of Assembly shall give effect
to subsection (1) of this section, so however that the Speaker
or a member shall first present evidence satisfactory to the
House that any of the provisions of that subsection has become
applicable in respect of the member.
(3) A member of a House of Assembly shall be deemed to be
absent without just cause from a meeting of the House of Assembly
unless the person presiding certifies in writing that he is
satisfied that the absence of the member from the meeting
was for a just cause.
