Wicked Devil

From Roach Busters

CHAPTER I
HEAD OF STATE

1. There shall be a State President of _____ who shall be the Head of State and shall exercise and perform such powers and functions as are conferred on the State President by this Constitution and any other written law.

2. (1) The State 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 State 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 in respect of the first such election be a date not less than one month and not more than three months before the termination of the period of office of the State President then holding office:

Provided that if the State 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.

3. (1) Nominations of candidates for election as State 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 signified his willingness to accept nomination.

(3) The names of the persons duly nominated as provided in sub-section (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) A person shall not be elected as State President unless he is supported by the votes of two thirds of all the members of the electoral college, and if no candidate is supported by the votes of two thirds of all the members of the electoral college, a further ballot shall be held:

Provided that, if in the second ballot no candidate is supported by the votes of two thirds of all the members of the electoral college, the candidate who in that ballot receives the highest number of votes and the candidate who in that ballot receives the next highest number of votes shall stand alone for election in the third ballot and the candidate who receives the higher number of votes in the third ballot shall be elected.

(6) (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.

4. (1) No person shall be elected as State President unless he is qualified for election in accordance with the provisions of this Constitution.

(2) A person shall be qualified to be elected as State President if he —

(a) is a citizen of _____;
(b both his parents are _____ by birth or descent;
(c) has attained the age of thirty-five years;
(d) possesses the qualifications specified in section _____;
(e) is not subject to any of the disqualifications specified in section _____;
(f) satisfies the electoral college that he is a person of integrity, good character and reputation; and
(g) has been domiciled in _____ for a period of at least fourteen years.

(3) The State 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 Congress, vacate his seat in Congress.

(4) Nothing in sub-section (3) shall be construed as requiring any Acting State President who does not occupy the office of Vice State President to —

(a) if he is a member of any political party, resign as a member of that party; or
(b) vacate his seat in Congress or any other office created or recognized by this Constitution.

5. (1) (a) The State President shall hold office for a period of seven years from the date upon which he takes the oath prescribed in section _____ and shall, on the termination of his period of office, be eligible for re-election:

Provided that a State President who has held office for two terms shall not be eligible for re-election for a third term of office.

(b) He shall cease to hold office on a resolution passed by the Senate and by the House of Assembly during the same session declaring him to be removed from office on the ground of misconduct or inability to perform efficiently the duties of his office.

(2) (a) No resolution shall be taken under paragraph (b) of sub-section (1), except after consideration of a report of a joint committee of the Senate and the House of Assembly appointed in pursuance of a resolution of the House of Assembly which has been concurred in by the Senate.

(b) The House of Assembly shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Speaker of the House of Assembly a petition signed by not less than thirty members of the House of Assembly and requesting that such a committee be appointed.

(c) In connection with any resolution contemplated in paragraph (b) no debate shall be allowed either in the Senate or in the House of Assembly.

(3) The State President may resign his office by lodging his resignation in writing with the Prime Minister.

(4) The State President shall not be absent from the Republic except with the prior consent of the Executive Council.

6. (1) There shall be a Vice State President.

(2) The provisions of sections 2, 3, 4 and 5 apply mutatis mutandis in respect of the election, qualifications, period of office and removal from office of the Vice State President.

7. Whenever the office of State President is vacant or the State President is for any reason unable to perform the duties of his office, the Vice State President shall serve as Acting State President, and if the office of Vice State President is vacant or the holder of that office is unable to act, the President of the Senate or, if his office is vacant or he is unable to act, a person appointed by the Executive Council shall serve as Acting State President.

8. The State President, the Vice State President and any Acting State President who does not occupy the office of Vice State President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of _____ or a Judge of the Supreme Court of _____:

9. (1) There shall be paid to the State President and the Vice State President out of and as a charge on the State Revenue Fund, in addition to any allowances appropriated from time to time by Parliament, and apart from any privileges which they may enjoy, each a salary determined, subject to the provisions of subsection (2), by resolution of the Senate and the House of Assembly from time to time.

(2) The salary of the State President or the Vice State President shall not be reduced during his term of office.

10. (1) There shall be payable out of and as a charge on the Consolidated Revenue Fund ―

(a) to any person who has at any time occupied the office of State President, a pension at the rate of twenty-five thousand dollars per annum;
(b) to the widow of any such person, unless her marriage to him took place after the date on which he vacated office, a pension at the rate of two-thirds of the rate of the pension payable to such person.

(2) Any pension under sub-section (1) shall be payable―

(a) in the case of the State President with effect from the day following that upon which he vacated office;
(b) in the case of his widow, with effect from the day following that upon which she became a widow.

(3) The provisions of sub-sections (1) and (2) apply mutatis mutandis in respect of a person who occupied the office of Vice State President and his widow.

CHAPTER II
EXECUTIVE GOVERNMENT

11.