Cutie you're crazy

From Roach Busters

Revision as of 07:48, 9 June 2012

CHAPTER I
THE REPUBLIC

1. (1) _____ is a sovereign Republic.

(2) The economy of _____ shall be based on private, communal and tribal ownership and free enterprise.

(3) The territory of _____ shall consist of the districts mentioned in Schedule 1, together with all other land that may be lawfully added thereto.

(4) _____ shall be the seat of government.

2. (1) The Public Seal of the Republic shall be such device as may be prescribed by or under an Act of Parliament.

(2) The Public Seal shall at all times be in the custody of the President and, except in so far as may otherwise be determined by the President, shall be used on all public documents on which such use is required by this Constitution or any other law.

3. (1) This Constitution shall be the supreme law of _____.

(2) Any law, passed before or after the commencement of this Constitution, which is inconsistent with the provisions of this Constitution, shall, to the extent in which such an inconsistency exists, be void.

CHAPTER II
CITIZENSHIP

4. The following persons shall be citizens of _____ by birth —

(a) those born in ____ before the date of Independence whose fathers or mothers would have been _____ citizens at the time of the birth of such persons, if this Constitution had been in force at that time; and

(b) those born in _____ before the date of Independence, who are not _____ citizens under subsection (a) hereof, and whose fathers or mothers were ordinarily resident in _____ at the time of the birth of such persons:

Provided that their fathers or mothers were not then persons:

(aa) who were enjoying diplomatic immunity in _____ under any law relating to diplomatic privileges; or

(bb) who were career representatives of another country; or

(cc) who were members of any police, military or security unit seconded for service within _____ by the Government of another country:

Provided further that this subsection shall not apply to persons claiming citizenship of _____ by birth if such persons were ordinarily resident in _____ at the date of Independence and had been so resident for a continuous period of not less than five (5) years prior to such date, or if the fathers or mothers of such persons claiming citizenship were ordinarily resident in _____ at the date of the birth of such persons and had been so resident for a continuous period of not less than five (5) years prior to such date;

(c) those born in _____ after the date of Independence whose fathers or mothers are _____ citizens at the time of the birth of such persons;

(d) those born in _____ after the date of Independence who do not qualify for citizenship under subsection (c) hereof, and whose fathers or mothers are ordinarily resident in _____ at the time of the birth of such persons:

Provided that their fathers or mothers are not then persons:

(aa) enjoying diplomatic immunity in _____ under any law relating to diplomatic privileges; or

(bb) who are career representatives of another country; or

(cc) who are members of any police, military or security unit seconded for service within _____ by the Government of another country; or

(dd) who are illegal immigrants:

Provided further that sub-paragraphs (aa), (bb), (cc) and (dd) hereof will not apply to children who would otherwise be stateless.

(2) The following persons shall be citizens of _____ by descent —

(a) those who are not _____ citizens under subsection (1) hereof and whose fathers or mothers at the time of the birth of such persons are citizens of _____ or whose fathers or mothers would have qualified for _____ citizenship by birth under subsection (1) hereof, if this Constitution had been in force at that time; and

(b) Who comply with such requirements as to registration of citizenship as may be required by Act of Parliament:

Provided that nothing in this Constitution shall preclude Parliament from enacting legislation which requires the birth of such persons born after the date of Independence to be registered within a specific time either in _____ or at an embassy, consulate or office of a trade representative of the Government of _____.

(3) The following persons shall be citizens of _____ by marriage —

(a) those who are not _____ citizens under subsection (1) or (2) hereof and who:

(aa) in good faith marry a _____ citizen or, prior to the coming into force of this Constitution, in good faith married a person who would have qualified for _____ citizenship if this Constitution had been in force; and

(bb) subsequent to such marriage have ordinarily resided in _____ as the spouse of such person for a period of not less than two (2) years; and

(cc) apply to become citizens of _____;

(b) For the purposes of this subsection (and without derogating from any effect that it may have for any other purposes) a marriage by customary law shall be deemed to be a marriage:

Provided that nothing in this Constitution shall preclude Parliament from enacting legislation which defines the requirements which need to be satisfied for a marriage by customary law to be recognized as such for the purposes of this subsection.

(4) Citizenship by registration may be claimed by persons who are not _____ citizens under subsections (1), (2) or (3) hereof and who were ordinarily resident in _____ at the date of Independence, and had been so resident for a continuous period of not less than five (5) years prior to such date:

Provided that application for _____ citizenship under this subsection is made within a period of twelve (12) months from the date of Independence, and prior to making such application, such persons renounce the citizenship of any other country of which they are citizens.

(5) Citizenship by naturalization may be applied for by persons who are not _____ citizens under subsections (1), (2), (3) or (4) hereof and who —

(a) are ordinarily resident in _____ at the time when the application for naturalization is made; and

(b) have been so resident in _____ for a continuous period of not less than five (5) years (whether before or after the date of Independence); and

(c) satisfy any other criteria pertaining to health, morality, security or legality of residence as may be prescribed by law.

(6) Nothing contained herein shall preclude Parliament from authorizing by law the conferment of _____ citizenship upon any fit and proper person by virtue of any special skill or experience or commitment to or services rendered to the _____ nation either before or at any time after the date of Independence.

(7) _____ citizenship shall be lost by persons who renounce their _____ citizenship by voluntarily signing a formal declaration to that effect.

(8) Nothing in this Constitution shall preclude Parliament from enacting legislation providing for the loss of _____ citizenship by persons who, after the date of Independence —

(a) have acquired the citizenship of any other country by any voluntary act; or

(b) have served or volunteered to serve in the armed or security forces of any other country without the written permission of the _____ Government; or

(c) have taken up permanent residence in any other country and have absented themselves thereafter from _____ for a period in excess of two (2) years without the written permission of the _____ Government:

Provided that no person who is a citizen of _____ by birth or descent may be deprived of _____ citizenship by such legislation.

(9) Parliament shall be entitled to make further laws not inconsistent with this Constitution regulating the acquisition or loss of _____ citizenship.

CHAPTER III
DECLARATION OF FUNDAMENTAL RIGHTS

4. Whereas every person in _____ is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest to each and all of the following, namely —

(a) life, liberty, security of the person and the protection of the law;

(b) freedom of conscience, of expression and of assembly and association; and

(c) protection for the privacy of his home and other property and from deprivation of property without compensation, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

5. (1) Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offense of which he has been found guilty in _____.

(2) A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary —

(a) for the defense of any person from unlawful violence or for the defense of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or

(c) for the purpose of suppressing a riot, insurrection or mutiny.

6. (1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say —

(a) in execution of the sentence or order of a court, whether established for _____ or some other country, in respect of a criminal offense of which he has been convicted;

(b) in execution of the order of a court of record punishing him for contempt of that or another court;

(c) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;

(d) for the purpose of bringing him before a court in execution of the order of a court;

(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law in force in _____;

(f) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of 18 years;

(g) for the purpose of preventing the spread of an infectious or contagious disease;

(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

(i) for the purpose of preventing the unlawful entry of that person into _____, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from _____, or for the purpose of restricting that person while he is being conveyed through _____ in the course of his extradition or removal as a convicted prisoner from one country to another;

(j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within _____ or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of _____ in which, in consequence of any such order, his presence would otherwise be unlawful; or

(k) for the purpose of ensuring the safety of aircraft in flight.

(2) Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.

(3) Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention.

(4) Any person who is arrested or detained —

(a) for the purpose of bringing him before a court in execution of the order of a court; or

(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law in force in _____, and who is not released, shall be brought as soon as is reasonably practicable before a court; and if any person arrested or detained as mentioned in paragraph (b) of this subsection is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

(5) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

7. (1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labor.

(3) For the purposes of this section, the expression "forced labor" does not include —

(a) any labor required in consequence of the sentence or order of a court;

(b) labor required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

(c) any labor required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labor that that person is required by law to perform in place of such service;

(d) any labor required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labor is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or

(e) any labor reasonably required as part of reasonable and normal communal or other civic obligations.

8. (1) In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.

(2) Without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law —

(a) provides for an opportunity for the persons whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and

(b) contains no provision making the determination of the administering authority final and conclusive.

(3) The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be held in public.

(4) Whenever any person is charged with a criminal offense, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal:

Provided that —

(a) a court or such a tribunal may exclude from its proceedings persons other than the parties thereto or their legal practitioners in the interest of defense, public safety, public order, public morality, the welfare of persons who have not attained the age of eighteen years, the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interests of justice;

(b) if in any proceedings before a court or such a tribunal, a Minister of the Government satisfies the court or tribunal that it would not be in the public interest for any matter to be publicly disclosed, the court or tribunal shall make arrangements for evidence relating to that matter to be heard in private and shall take such other action as may be necessary or expedient to prevent the disclosure of the matter.

(5) Every person who is charged with a criminal offense shall be presumed to be innocent until he is proved guilty:

Provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of proving particular facts.

(6) Every person who is charged with a criminal offense shall be entitled to —

(a) be informed promptly in the language that he understands and in detail of the nature of the offense;

(b) be given adequate time and facilities for the preparation of his defense;

(c) defend himself in person or by legal practitioners of his own choice;

(d) examine, in person or by his legal practitioners, the witnesses called by the prosecution before any court or tribunal and obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court or tribunal on the same conditions as those applying to the witnesses called by the prosecution; and

(e) have, without payment, the assistance of an interpreter if he cannot understand the language used at the trial of the offense.

(7) When any person is tried for any criminal offense, the court or tribunal shall keep a record of the proceedings and the accused person or any persons authorized by him in that behalf shall be entitled to obtain copies of the judgement in the case within seven days of the conclusion of the case.

(8) No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense heavier than the penalty in force at the time the offense was committed.

(9) No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offense and either convicted or acquitted shall again be tried for that offense or for a criminal offense having the same ingredients as that offense save upon the order of a superior court.

(10) No person who shows that he has been pardoned for a criminal offense shall again be tried for that offense.

(11) No person who is tried for a criminal offense shall be compelled to give evidence at the trial.

(12) Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offense unless that offense is defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to an Act of Parliament, any subsidiary legislation or instrument under the provisions of a law.

9. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

10. (1) No person shall be subject to interference with the privacy of his home, correspondence or communications save as is in accordance with law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights and freedoms of others.

(2) Searches of the person or the home of individuals shall only be justified —

(a) where these are authorized by a competent judicial authority;

(b) in cases where delay in obtaining such judicial authority carries with it the danger of prejudicing the objects of the search or the public interest and such procedures as are prescribed by an Act of Parliament to preclude abuse are properly satisfied.

11. (1) Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction ceremony or observance relates to a religion other than his own, or religion not approved by his parent or guardian.

(3) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.

12. (1) Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

(2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —

(a) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or

(b) that imposes restrictions upon public officers, employees of local government bodies, or teachers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

13. Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests:

Provided that the provisions of this section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission with respect to political parties to which that Commission does not accord recognition.

14. (1) Every citizen of _____ is entitled to move freely throughout _____ and to reside in any part thereof, and no citizen of Nigeria shall be expelled from _____ or refused entry thereby or exit therefrom.

(2) Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society —

(a) imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offense in order to prevent him from leaving _____; or

(b) providing for the removal of any person from _____ to any other country to:

(i) be tried outside _____ for any criminal offense, or

(ii) undergo imprisonment outside _____ in execution of the sentence of a court of law in respect of a criminal offense of which he has been found guilty:

Provided that there is reciprocal agreement between _____ and such other country in relation to such matter.

15. (1) The right to own and possess private, communal and tribal property is protected.

(2) Expropriation or nationalization shall be authorized only in terms of an Act of Parliament if it is for the public benefit and if reasonable compensation is paid.

16. (1) Men and women of the age of eighteen years and above have the right to marry and to found a family and are entitled to equal rights in marriage, during marriage and at its dissolution.

(2) Parliament shall make appropriate laws for the protection of the rights of widows and widowers to inherit the property of their deceased spouses and to enjoy parental rights over their children.

(3) Marriage shall be entered into with the free consent of the man and woman intending to marry.

(4) It is the right and duty of parents to care for and bring up their children.

(5) Children may not be separated from their families or the persons entitled to bring them up against the will of their families or of those persons, except in accordance with the law.

17. (1) Women shall be accorded full and equal dignity of the person with men.

(2) Women shall have the right to equal treatment with men, including equal opportunities in political, economic and social activities.

18. (1) Children shall have the right from birth to a name, the right to acquire a nationality and subject to legislation enacted in the best interests of children, to know and be cared for by their parents.

(2) Children under the age of sixteen years shall be entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or be harmful to their health or physical, mental, spiritual, moral or social development.

(3) A juvenile offender who is kept in lawful custody shall be kept separately from adult offenders.

19. (1) All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realization of that right —

(a) basic education shall be free, compulsory and available to all;

(b) secondary education, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by progressive introduction of free education;

(c) higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular, by progressive introduction of free education;

(d) functional literacy shall be encouraged or intensified as far as possible;

(e) the development of a system of schools with adequate facilities at all levels shall be actively pursued.

(2) The system of education shall be controlled by the State, but private educational institutions may, on application, in the discretion of the Government and subject to such conditions as the Government may deem fit, be allowed where such institutions in their educational aims and standards are not inferior to state institutions.

20. (1) The right of the disabled and handicapped to respect and human dignity shall be recognized by the State and society.

(2) Disabled persons shall be entitled to protection against exploitation and to protection against discrimination, in particular as regards access to health services, education and employment.

(3) In any judicial proceedings in which a disabled person is party, the procedure shall take his condition into account.

21. (1) Parliament shall enact laws —

(a) to provide for the right of persons to work under satisfactory, safe and healthy conditions;

(b) to ensure equal payment for equal work without discrimination; and

(c) to ensure that every worker is accorded rest and reasonable working hours and periods of holidays with pay, as well as remuneration for public holidays.

(2) Every person in _____ has the right to practice his profession and to carry on any lawful occupation, trade or business.

(3) Every worker has a right —

(a) to form or join a trade union of his choice for the promotion and protection of his economic and social interests;

(b) to collective bargaining and representation; and

(c) to withdraw his labor according to law.

(4) The employer of every woman worker shall accord her protection during pregnancy and after birth, in accordance with the law.

22. (1) All persons shall be equal before the law.

(2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.

(3) Subject to the provisions of subsection (5), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or public authority.

(4) In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, color, gender, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description.

(5) Subsection (2) shall not apply to any law in so far as that law makes provision —

(a) with respect to persons who are not citizens of _____ or to qualifications for citizenship;

(b) with respect to the qualifications prescribed by this Constitution for any office;

(c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;

(d) for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law.

(6) Subsection (3) shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (5).

(7) The exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by the Constitution or under any other law shall not be inquired into by any court on the grounds that it contravenes the provisions of subsection (3).

23. (1) Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person.

(2) Parliament shall make laws prescribing the classes of information referred to in subsection (1) of this article and the procedure for obtaining access to that information.

24. Whenever or wherever in terms of this Constitution the limitation of any fundamental rights or freedoms contemplated by this Chapter is authorized, any law providing for such limitation shall —

(a) be of general application, shall not negate the essential content thereof, and shall not be aimed at a particular individual;

(b) specify the ascertainable extent of such limitation and identify the section or sections hereof on which authority to enact such limitation is claimed to rest.

25. (1) Nothing contained in or done under the authority of section twenty-seven hereof shall be held to be inconsistent with or in contravention of this Constitution to the extent that it authorizes the taking of measures during any period when _____ is in a state of national defense or any period when a declaration of emergency under this Constitution is in force.

(2) Where any persons are detained by virtue of such authorization as is referred to in subsection (1) hereof, the following provisions shall apply —

(a) they shall, as soon as reasonably practicable and in any case not more than five (5) days after the commencement of their detention, be furnished with a statement in writing in a language that they understand specifying in detail the grounds upon which they are detained and, at their request, this statement shall be read to them;

(b) not more than fourteen (14) days after the commencement of their detention, a notification shall be published in the Gazette stating that they have been detained and giving particulars of the provision of law under which their detention is authorized;

(c) not more than one (1) month after the commencement of their detention and thereafter during their detention at intervals of not more than three (3) months, their cases shall be reviewed by the Advisory Board referred to in paragraph (c) of subsection 5 of section twenty-seven hereof, which shall order their release from detention if it is satisfied that it is not reasonably necessary for the purposes of the emergency to continue the detention of such persons;

(d) they shall be afforded such opportunity for the making of representations as may be desirable or expedient in the circumstances, having regard to the public interest and the interests of the detained persons.

(3) Nothing contained in this section shall permit a derogation from or suspension of the from the enjoyment of the following rights and freedoms —

(a) freedom from torture and cruel, inhuman or degrading treatment or punishment;

(b) freedom from slavery or servitude;

(c) the right to fair hearing;

(d) the right to an order of habeas corpus.

26. The rights, duties, declarations and guarantees relating to the fundamental and other human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned.

27. (1) At a time of national disaster or during a state of national defense or public emergency threatening the life of the nation or the constitutional order, the President may by Proclamation in the Gazette declare that a state of emergency exists in _____ or any part thereof.

(2) A declaration under subsection (1) hereof, if not sooner revoked, shall cease to have effect —

(a) in the case of a declaration made when the National Assembly is sitting or has been summoned to meet, at the expiration of a period of seven (7) days after publication of the declaration; or

(b) in any other case, at the expiration of a period of thirty (30) days after publication of the declaration; unless before the expiration of that period, it is approved by a resolution passed by the National Assembly by a two-thirds majority of all its members.

(3) Subject to the provisions of subsection (4) hereof, a declaration approved by a resolution of the National Assembly under subsection (2) hereof shall continue to be in force until the expiration of a period of six (6) months after being so approved or until such earlier date as may be specified in the resolution:

Provided that the National Assembly may, by resolution by a two-thirds majority of all its members, extend its approval of the declaration for periods of not more than six (6) months at a time.

(4) The National Assembly may by resolution at any time revoke a declaration approved by it in terms of this section and the President shall forthwith, by Proclamation published in the Gazette, revoke such declaration.

(5) (a) During a state of emergency in terms of this section or when a state of national defense prevails, the President shall have the power by Proclamation to make such regulations as in his opinion are necessary for the protection of national security, public safety and the maintenance of law and order.

(b) The powers of the President to make such regulations shall include the power to suspend the operation of any rule of the common law or statute or any fundamental right or freedom protected by this Constitution, for such period and subject to such conditions as are reasonably justifiable for the purpose of dealing with the situation which has given rise to the emergency:

Provided that nothing in this subsection shall enable the President to act contrary to the provisions of section twenty-two hereof.

(c) Where any regulation made under paragraph (b) hereof provides for detention without trial, provision shall also be made for an Advisory Board, to be appointed by the President on the recommendation of the Judicial Service Commission, and consisting of no more than five (5) persons, of whom no fewer than three (3) persons shall be Judges of the Supreme Court or qualified to be such. The Advisory Board shall perform the function set out in section _____ (2) (c) hereof.

(6) Any regulations made by the President pursuant to the provisions of subsection (5) hereof shall cease to have legal force if they have not been approved by a resolution of the National Assembly within fourteen (14) days from the date when the Assembly first sits in session after the date of the commencement of any such regulations.

(7) The President shall have the power to proclaim or terminate martial law. Martial law may be proclaimed only when a state of national defense involving another country exists or when civil war prevails in _____:

Provided that any proclamation of martial law shall cease to be valid if it is not approved within a reasonable time by a resolution passed by a two-thirds majority of all the members of the National Assembly.