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Revision as of 07:42, 12 June 2012
Contents |
CHAPTER I
HEAD OF STATE
The President
1. There shall be a President of _____ who shall be the Head of State and shall exercise and perform such powers and functions as are conferred on the President by this Constitution and any other written law.
Qualifications and disabilities of President
2. (1) A person shall be qualified for election as President if, and shall not be qualified unless, he —
(a) is a citizen of _____ by birth;
(b) has attained the age of 30 years; and
(c) is qualified to be elected as a member of the House of Assembly.
(2) The President shall —
(a) not hold any other office created or recognized by this Constitution;
(b) not actively engage in any commercial enterprise;
(c) not be a member of any political party; and
(d) if he is a member of Parliament, vacate his seat in Parliament.
(3) Nothing in subsection (2) shall be construed as requiring any person exercising the functions of the office of President under section twelve or thirteen to —
(a) if he is a member of any political party, resign as a member of that party; or
(b) vacate his seat in Parliament or any other office created or recognized by this Constitution.
Election of President
3. (1) The President shall be elected by an electoral college consisting of the members of the Senate and the House of Assembly, at a meeting to be called in accordance with the provisions of this section and presided over by the Chief Justice of _____ or a judge of appeal designated by him.
(2) The election of a President shall be held at a time and place to be fixed by the Speaker or (in his absence) the Secretary to the House of Assembly and made known by notice in the Gazette not less than fourteen days before such election.
(3) The date so fixed shall be a date not less than one month and not more than three months before the termination of the period of office of the President then holding office:
Provided that if the President dies or for any other reason vacates his office before the expiration of his period of office a date within three months after the office became vacant shall be so fixed.
Method of election
4. (1) Nominations of candidates for election as President shall be called for at the meeting at which the election is to take place, by the person presiding thereat.
(2) Every nomination shall be submitted in the form prescribed and shall be signed by two members of the electoral college and also by the person nominated, unless he has in writing or by telegram signified his willingness to accept nomination.
(3) The names of the persons duly nominated as provided in subsection (2) shall be announced at the meeting at which the elections is to take place by the person presiding thereat, and no debate shall be allowed at the election.
(4) If in respect of any election only one nomination has been received, the person presiding at the meeting shall declare the candidate in question to be duly elected.
(5) Where more that one candidate is nominated for election, a vote shall be taken by secret ballot, each member of the electoral college present at the meeting in question having one vote, and any candidate in whose favour a majority of all the votes cast is recorded, shall be declared duly elected by the person presiding at the meeting.
(6) (a) If no candidate obtains a majority of all the votes so cast, the candidate who received the smallest number of votes shall be eliminated and a further ballot taken in respect of the remaining candidates, this procedure being repeated as often as may be necessary until a candidate receives a majority of all the votes cast and is declared duly elected.
(b) Whenever two or more candidates being the lowest on the poll have received the same number of votes, the electoral college shall by separate vote, to be repeated as often as may be necessary, determine which of these candidates shall for the purpose of paragraph (a) be eliminated.
(7) (a ) Whenever ―
(i) only two candidates have been nominated; or
(ii) after the elimination of one or more candidates in accordance with the provisions of this section, only two candidates remain,
and there is an equality of votes between those two candidates, a further meeting shall be called in accordance with the provisions of section eight, and the provisions of this section shall apply as if such further meeting were the first meeting called for the purposes of the election in question.
(b) At the third meeting called in connection with any particular election, the person presiding at the meeting shall in the event of an equality of votes between any two candidates under the circumstances described in paragraph (a), have and exercise a casting vote.
(8) (a) The Speaker of the House of Assembly shall make rules in regard to the procedure to be observed at a meeting of the electoral college, including rules prescribing the form in which any nomination shall be submitted, and rules defining the duties of the presiding officer and of any person appointed to assist him and prescribing the manner in which the ballot at any such meeting shall be conducted.
(b) Any such rules shall be made known in such manner as the Speaker of the House of Assembly may consider necessary.
Tenure of office of President
5.
