Dafuq
From Roach Busters
CHAPTER I
GENERAL PROVISIONS
PART I
FEDERAL REPUBLIC OF _____
Supremacy of Constitution
1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of _____.
(2) The Federal Republic of _____ shall not be governed, nor shall any persons or group of persons take control of the Government of _____ or any part thereof, except in accordance with the provisions of this Constitution.
(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.
The Federal Republic of and its territories
2. (1) _____ is one sovereign state to be known by the name of the Federal Republic of _____.
(2) _____ shall be a Federation consisting of ten States, that is to say, Gia Định (Tân Huế), Hillstrom (Broadhurst), Jawa Baru (Surabaya Baru), Paton (Freetown), Robertsfield (Harper), South Sel Appa (Levisston), Sumatera Baru (Hatta), Tân Sài Gòn (Tân Sài Gòn), Vrede (Krugerburg) and Vryheid (Naudéburg) and the Houghton Capital Territory, hereinafter referred to as the Federal Capital.
Political system
3. The Federal Republic of _____ shall be a multiparty democratic state.
National Flag
4. There shall be a National Flag of _____ which the design shall be azure blue background, divided diagonally from top right to bottom left by a black stripe the width of which is equal to one-twelfth of the length of the flag in the top left corner a white circular shaped insert with diameter one quarter of the length of the flag and with the center point on an imaginary line bisecting this corner and the diagonal stripe. On this white insert a gold sun with twelve triangular rays.
National Anthem
5. The National Anthem of the Federal Republic shall be “_____”.
Coat of arms
6. The coat of arms of the Federal Republic is that in use at the commencement of this Constitution.
Official language
7. (1) English, Vietnamese, Indonesian and Afrikaans shall be the 4 official languages in _____.
(2) The national language shall be the English language:
Provided that ―
(a) no person shall be prohibited or prevented from using or from teaching or learning any other language; and
(b) nothing in this section shall prejudice the right of the Government to preserve and sustain the use and study of the language of any other community in _____.
High treason
8. (1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in subsection (1) shall likewise be guilty of high treason.
(3) Parliament shall by law provide for the punishment of persons found guilty of high treason.
CHAPTER II
FUNDAMENTAL PRINCIPLES OF STATE POLICY
Fundamental obligations of the Government
9. It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this Constitution.
The Government and the people
10. (1) The Federal Republic of _____ shall be a State based on the principles of democracy and social justice.
(2) It is hereby, accordingly, declared that:
(a) sovereignty belongs to the people of _____ from whom government through this Constitution derives all its powers and authority;
(b) the security and welfare of the people shall be the primary purpose of government: and
(c) the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.
(3) The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of _____ and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few sectional groups in that Government or in any of its agencies.
Political objectives
11. (1) The State shall protect and defend the liberty of the individual, enforce the rule of law and ensure the efficient functioning of Government services.
(2) The State shall take all steps to eradicate all corrupt practices and the abuse of power.
Economic objectives
12. (1) The State shall encourage private economic enterprise.
(2) The State shall protect the right of any citizen to engage in any economic activity without prejudice to the rights of any other person to participate in areas of the economy.
(3) The State recognizes the social function of co-operatives and shall encourage their development.
(4) Foreign investments shall be encouraged within _____ subject to the provisions of an Investment Code to be adopted by Parliament.
(5) Land, water and natural resources below and above the surface of the land and in the continental shelf and within the territorial waters and the exclusive economic zone of _____ shall belong to the State if they are not otherwise lawfully owned.
Social objectives
13. (1) The State social order is founded on ideals of freedom, equality and justice.
(2) In furtherance of the social order ―
(a) every citizen shall have equality of rights, obligations and opportunities before the law;
(b) the sanctity of the human person shall be recognized and human dignity shall be maintained and enhanced;
(c) governmental actions shall be humane;
(d) exploitation of human or natural resources in any form whatsoever for reasons, other than the good of the community, shall be prevented; and
(e) the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained.
Foreign policy objectives
14. (1) _____ is a neutral state actively pursuing peace, security and social progress among all nations by adhering to a policy of non-alignment and refusing to participate in any military alliance. Such a status will, in particular, imply that:
(a) no foreign military base will be permitted on _____ territory;
(b) no military facilities in _____ will be allowed to be used by any foreign forces except at the request of the Federal Government of _____, and only in the following cases:
(i) in the exercise of the inherent right of self-defense in the event of any armed violation of the area over which the Federal Republic of _____ has sovereignty, or in pursuance of measures or actions decided by the World Assembly; or
(ii) whenever there exists a threat to the sovereignty, independence, neutrality, unity or territorial integrity of the Federal Republic of _____;
(c) except as aforesaid, no other facilities in _____ will be allowed to be used in such manner or extent as will amount to the presence in _____ of a concentration of foreign forces;
(d) except as aforesaid, no foreign military personnel will be allowed on _____ territory, other than military personnel performing, or assisting in the performance of, civil works or activities, and other than a reasonable number of military technical personnel assisting in the defense of the Federal Republic of _____;
(e) the shipyards of the Federal Republic of _____ will be used for civil commercial purposes, but may also be used, within reasonable limits of time and quantity, for the repair of military vessels which have been put in a state of non-combat or for the construction of vessels.
(2) There shall be —
(a) no surrender or transfer, either wholly or in part, of the sovereignty of the Federal Republic of _____ as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and
(b) no relinquishment of control over the Armed Forces of the Federation.
(3) For the purposes of this section —
“Armed Forces of the Federation” means the _____ Armed Forces or any other force or service established by or under the Defense Act, 1987 and such other force as the President may, by notification in the Gazette, declare to be an armed force for the purposes of this section.
Obligation of the mass media
15. The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.
National ethics
16. The national ethics shall be discipline, integrity, dignity of labor, social justice, religious tolerance, self-reliance and patriotism.
Duties of the citizen
17. It shall be the duty of every citizen to —
(a) abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, and legitimate authorities; and
(b) respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood.
CHAPTER III
CITIZENSHIP
CHAPTER IV
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
CHAPTER I
PART I
THE LEGISLATURE
Legislative power
1. The legislative power of _____ shall be vested in the Legislature which shall consist of the President and the Parliament.
The Parliament
2. The Parliament of _____ shall consist of a Senate and a House of Representatives.
PART II
THE SENATE
Constitution of Senate
3. (1) The Senate shall be composed of six senators for each State, elected by the sitting members of the Legislative Assembly for that State.
(2) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
(3) The Senate shall be a permanent body and the term of office of a senator shall not be affected, and the seat of a senator shall not become vacant, by reason of a dissolution of Parliament.
(4) One-third of the Senators shall retire every second year.
(5) Subject to the provisions of section five, the term of office of a senator shall be six years from the date of his election:
Provided that ―
(a) a person who is elected a senator to fill a casual vacancy shall be deemed to be elected to serve only for the remainder of his predecessor's term of office;
(b) a person who is elected to fill a vacancy caused by the termination of a senator's period of office by effluxion of time shall, for the purposes of this section, be deemed to have been elected or appointed on such termination.
(6) A separate election shall be held for the filling of each casual vacancy among the senators.
(7) In this section, the expression “casual vacancy” means a vacancy occurring otherwise than by the termination of a senator's period of office by effluxion of time.
Failure to choose senators
4. The Senate may proceed to the dispatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.
Term of office of first senators
5. For the purpose of securing that one-third of the senators shall retire every second year, at the first meeting of the Senate under this Constitution, the Senate shall by lot divide the senators chosen for each State into three classes equal in number; and the term of office of the senators of the first class shall terminate at the expiry of a period of two years, the term of office of the senators of the second class shall terminate at the expiry of a period of four years, and the term of office of the senators of the third class shall terminate at the expiry of a period of six years, from the date of election; and afterwards the places of senators shall become vacant at the expiration of six years from the beginning of their term of service.
Qualifications of senator
6. No person shall be qualified to be a member of the Senate under this Constitution unless —
(a) he is a citizen of _____;
(b) he has attained the age of 30 years;
(c) he is qualified for registration as a voter for the purposes of the election of members of the House of Representatives and is so registered;
(d) he is not subject to any of the disqualifications specified in section _____;
(e) he is able to speak, and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the Senate; and
(f) he has been domiciled in _____ for a period of at least five years.
Chairman and Deputy Chairman of the Senate
7. (1) The Vice President of ____ shall be ex officio Chairman of the Senate.
(2) After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Deputy Chairman and, so often as the office of Deputy Chairman becomes vacant, the Senate shall elect another member as Deputy Chairman.
(2) The term of office of the Deputy Chairman shall be three years from the day on which he enters upon his office.
Vacation and resignation of, and removal from, the office of Deputy Chairman
8. A member holding office as Deputy Chairman of the Senate —
(a) shall vacate his office if he ceases to be a member of the Senate;
(b) may at any time, by writing under his hand addressed, if such member is the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Senate passed by a majority of all the then members of the Senate:
Provided that no resolution for the purpose of paragraph (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
9. (1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Senate as the President may appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the Senate the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Senate, or, if no such person is present, such other person as may be determined by the Senate, shall act as Chairman.
The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
10. (1) (1) At any sitting of the Senate, while any resolution for the removal of the Vice President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of subsection (2) of section nine shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman, is absent.
(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Senate while any resolution for the removal of the Vice President from his office is under consideration in the Council, but, notwithstanding anything in section _____, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.
Vacancy to be notified
11. Whenever a vacancy happens in the Senate, the Chairman, or if there is no Chairman or if the Chairman is absent from _____ the President, shall notify the same to the Governor of the State in the representation of which the vacancy has happened.
Voting in Senate
12. All questions in the Senate shall be determined by a majority of votes of members present other than the Chairman or the presiding senator, who shall, however, have and exercise a casting vote in the case of an equality of votes.
PART III
THE HOUSE OF REPRESENTATIVES
Constitution of House of Representatives
13. The House of Representatives shall be composed of one hundred and twenty members, each of whom shall be directly elected by the persons entitled to vote at an election of such a member in an electoral division delimited as provided in section fifteen.
Elections
14. (1) A general election of members of the House of Representatives shall be held on such day within a period not exceeding four months after the issue of a proclamation dissolving Parliament as the President may in that proclamation fix.
(2) At any general election of members of the House of Representatives under this Constitution, all polls shall be taken on one and the same day in all the electoral divisions throughout _____.
Delimitation of electoral divisions
15. (1) At intervals of not less than five years and not more than ten years, the President shall appoint a delimitation commission consisting of three judges of the Supreme Court of _____, which shall divide each State into so many electoral divisions that their number bears, as nearly as possible, the same ratio to one hundred and twenty as, in terms of the current voters’ lists, duly corrected up to the latest possible date, the number of voters in that State bears to the total number of voters in _____.
(2) In dividing a province into electoral divisions in terms of subsection (1) the said commission shall act in accordance with the provisions of section fourteen.
Method of dividing States into electoral divisions
16. (1) For the purposes of any division of the States into electoral divisions, the quota of each province shall be obtained by dividing the total number of voters in the province as ascertained from an examination of the current voters’ lists by the number of members of the House of Representatives to be elected therein.
(2) Each State shall be divided into electoral divisions in such a manner that each such division shall, subject to the provisions of subsection (3), contain a number of voters as nearly as may be equal to the quota of the State.
(3) The delimitation commission shall give due consideration to ―
(a) community or diversity of interests;
(b) means of communication;
(c) physical features;
(d) boundaries of existing electoral divisions;
(e) sparsity or density of population,
in such manner that, while taking the quota of voters as the basis of division, the commission may depart therefrom whenever it is deemed necessary, but in no case to any greater extent than fifteen per cent more or fifteen per cent less than the quota.
Powers and duties of commission for delimiting electoral divisions
17. (1) A commission constituted under the provisions of section fifteen shall submit to the President ―
(a) a list of electoral divisions, with the names given to them by the commission and a description of the boundaries of every such division;
(b) a map or maps showing the electoral divisions into which the States have been divided;
(c) such further particulars as it considers necessary.
(2) The President may refer to the commission for its consideration all matters relating to such list or arising out of the powers or duties of the commission.
(3) The President shall by proclamation in the Gazette make known the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a majority thereof, and thereafter, until there shall be a re-division, the electoral divisions as named and defined shall be the electoral divisions of _____ in the States.
(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description shall prevail.
Date from which alteration of electoral divisions takes effect
18. Any alteration in the number of members of the House of Representatives to be elected in the several States, and any re-division of the provinces into electoral divisions, shall, in respect of the election of members of the House of Representatives, come into operation at the next general election held after the completion of the re-division or of any allocation consequent upon such alteration, and not earlier.
Duration of House of Representatives
19. The House of Representatives shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.
Writs for general election
20. (1) The President may cause writs to be issued for general elections of members of the House of Representatives.
(2) After the first general election, the writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof.
Writs for vacancies
21. Whenever a vacancy happens in the House of Representatives, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from _____ the President may issue the writ.
Qualifications of members
22. No person shall be qualified to be a member of the House of Representatives under this Constitution unless —
(a) he is a citizen of _____;
(b) he has attained the age of 25 years;
(c) he is qualified for registration as a voter for the purposes of the election of members of the House of Representatives and is so registered;
(d) he is not subject to any of the disqualifications specified in section twenty-nine;
(e) he is able to speak, and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the House of Representatives; and
(f) he has been domiciled in _____ for a period of at least five years.
Speaker and Deputy Speaker of the House of Representatives
23. After a general election, the House of Representatives shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House of Representatives shall elect another member as Speaker or, as the case may be, Deputy Speaker.
Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
24. A member holding office as Speaker or Deputy Speaker of the House of Representatives —
(a) shall vacate his office if he ceases to be a member of the House of Representatives;
(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the House of Representatives passed by a majority of all the then members of the House of Representatives:
Provided that no resolution for the purpose of paragraph (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:
Provided further that, whenever the House of Representatives is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of Representatives after the dissolution.
Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
25. (1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of Representatives as the President may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the House of Representatives the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House of Representatives, or, if no such person is present, such other person as may be determined by the House of Representatives, shall act as Speaker.
The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
26. (1) At any sitting of the House of Representatives, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of subsection (2) of section twenty-five shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of Representatives while any resolution for his removal from office is under consideration in the House of Representatives and shall, notwithstanding anything in section _____, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.
Voting in House of Representatives
26. All questions in the House of Representatives shall be determined by a majority of votes of members present other than the Speaker or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.
PART IV
SENATE AND HOUSE OF REPRESENTATIVES
Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker
27. (1) There shall be paid to the Chairman and the Deputy Chairman of the Senate, and to the Speaker and the Deputy Speaker of the House of Representatives, such salaries and allowances as may be respectively prescribed from time to time by a law of the Legislature.
Powers of Ministers and Deputy Ministers in Senate and House of Representatives
28. A Minister or Deputy Minister who is a member of the Senate or the House of Representatives shall have the right to sit and speak both in the Senate and in the House of Representatives but shall vote only in the house of which he is a member.
Vacating of seats by members
29. (1) A member of the Senate who is elected as a member of the House of Representatives shall vacate his seat as a senator with effect from the date on which he becomes a member of the House of Representatives.
(2) A member of the House of Representatives who is elected as a senator shall vacate his seat as a member of the House of Representatives with effect from the day on which he becomes a member of the Senate.
(3) The seat of a member of the Senate or the House of Representatives shall become vacant —
(a) if he resigns his seat by notice in writing to the Chairman or the Speaker, as the case may be, or, in the case of the death, incapacity or absence from _____ of the Chairman or the Speaker, to the Secretary to Parliament;
(b) if he is absent from twenty-one consecutive sittings during any session without the leave of the Senate or the House of Representatives, as the case may be, and the Senate or the House of Representatives has resolved by a majority of the total membership of the Senate or the House of Representatives that the seat shall become vacant; or
(c) if he accepts any public office; or
(d) if he ceases to be qualified for election to the Senate or the House of Representatives, as the case may be; or
(e) if he becomes subject to any of the disabilities mentioned in section thirty; or
(f) in the circumstances set out in section thirty-one; or
(g) if he is required, by virtue of the provisions of section thirty-two, to vacate his seat.
(2) The resignation of a member of the Senate or the House of Representatives shall not become effective to render the seat of that member vacant under the provisions of paragraph (a) of subsection (1) in any case in which —
(a) proceedings are pending in respect of that member's election, if it is alleged that illegal or corrupt practices took place at such election; or
(b) proceedings in the Senate or the House of Representatives, as the case may be, are contemplated or pending in respect of that member's conduct in or as a member of the Senate or the House of Representatives;
unless the Senate or the House of Representatives, as the case may be, by resolution accepts the resignation.
(3) For the purposes of paragraph (c) of subsection (1), a person shall not be deemed to have accepted a public office by reason of —
(a) accepting appointment as a Minister or a Deputy Minister; or
(b) holding any office for which no renumeration is paid other than payment by way of traveling or subsistence allowances or out-of-pocket expenses.
Disqualifications from being a member of Senate or House of Representatives
30. (1) No person shall be capable of being elected or of sitting as a member of the Senate or the House of Representatives, if he —
(a) has voluntarily acquired citizenship of a country other than _____ or has made a declaration of allegiance to such a country; or
(b) is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offense punishable under the law of _____ or of a State by imprisonment for one year or longer; or
(c) is adjudged to be a lunatic or otherwise declared to be of unsound mind by a competent court; or
(d) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of _____.
Members sentenced to death or to imprisonment
31. (1) In the event of a member of the Senate or the House of Representatives being convicted —
(a) within _____ of a criminal offense; or
(b) outside _____ of an offense, by whatever name called, which if committed in _____ would have been a criminal offense;
and being sentenced by a court to death or imprisonment, by whatever name called, for a term of six months or more, such member shall cease forthwith to exercise his functions or to be entitled to any renumeration as a member and, subject to the other provisions of this section, his seat shall become vacant at the expiration of thirty days from the date of such sentence.
(2) When during the period of thirty days referred to in subsection (1), an application for a free pardon is made or an appeal is filed, the question whether the member is to vacate his seat shall not be determined until the final disposal of such application or appeal, whereupon the member shall forthwith vacate his seat unless —
(a) he is granted a free pardon; or
(b) his conviction is set aside; or
(c) his sentence is reduced to a term of imprisonment of less than six months; or
(d) a punishment other than imprisonment is substituted.
(3) Where as a consequence of the final disposal of the application or appeal of the member, his conviction or sentence is varied in any manner specified in paragraphs (a) to (d) of subsection (2), the member shall not vacate his seat, unless he has previously resigned, but shall be entitled to resume his functions as a member and to receive renumeration as such for the period during which he ceased to exercise his functions as a member by reason of the other provisions of this section.
(4) For the purposes of this section —
(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms;
(b) two or more sentences of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms;
(c) a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended;
(d) no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.
Expulsion or suspension of members convicted of certain offenses
32. (1) If —
(a) a member of the Senate or the House of Representatives is convicted of an offense described in subsection (1) of section thirty-one and is sentenced to imprisonment for a lesser period than that specified in that subsection or to a fine or other punishment not specified in that subsection; and
(b) the Senate or the House of Representatives, as the case may be, after taking into account the nature of the offense and the sentence imposed, resolves by the affirmative votes of not less than two-thirds of its total membership that the member is unfit to continue as a member or that the member should be suspended from the service of the Senate or the House of Representatives, as the case may be, for such period, not exceeding six months, as the Senate or the House of Representatives may specify;
the member shall forthwith vacate his seat or, as the case may be, be suspended from the service of the Senate or the House of Representatives, as the case may be, for the period so specified.
(2) A member of the Senate or the House of Representatives who is suspended from the service of the Senate or the House of Representatives in terms of subsection (1) shall not exercise his functions and shall not be entitled to any renumeration as a member during the period of his suspension.
Penalty for sitting or voting when disqualified
32. If any person who is by law incapable of sitting as a Senator or member of the House of Representatives shall, while so disqualified and knowing or having reasonable grounds for knowing that he is so disqualified, sit or vote as a member of the Senate or the House of Representatives, he shall be liable to a penalty of five hundred shillings for each day on which he shall so sit or vote, to be recovered on behalf of the Consolidated Revenue Fund by action of the Supreme Court.
Validity of proceedings
33. Subject to the provisions of section thirty-seven, the Senate or the House of Representatives shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof, including any vacancy not filled when the Senate or the House of Representatives is reconstituted at any time or when a member is suspended in terms of section thirty-one or thirty-two and any proceedings therein shall be valid notwithstanding that some person who was not entitled so to do sat or voted in the Senate or the House of Representatives or otherwise took part in the proceedings.
PART V
GENERAL POWERS AND PROCEDURE
Power to make laws
34. (1) The Legislature shall be the sovereign legislative power in and over _____.
(2) The Legislature shall have power to make laws, to be entitled “Acts”, for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List.
(3) The power of the Legislature to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Legislative Assemblies of States.
(4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the Legislature shall have power to make laws with respect to the following matters, that is to say —
(a) any matter in the Concurrent Legislative List; and
(b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.
Standing Orders
35. Subject to the provisions of this Constitution, the Senate and the House of Representatives may, jointly or severally as may be appropriate, make Standing Orders with respect to —
(a) the passing, instituting, and numbering of Bills;
(b) the notification to the President of any vacancy in the membership of the Senate or the House of Representatives;
(c) any manner in connection with which Standing Orders may be made in terms of this Constitution;
and, generally, with respect to the regulation and orderly conduct of proceedings and business in and between the Senate and the House of Representatives.
Declaration of assets and liabilities; oath of members
36. Every member of the Senate or the House of Representatives shall, before taking his seat, declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership as prescribed in the Seventh Schedule to this Constitution before the Chairman of the Senate or, as the case may be, the Speaker of the House of Representatives, but a member may before taking the oaths take part in the election of a Deputy Chairman of the Senate, as the case may be, or a Speaker and a Deputy Speaker of the House of Representatives.
Quorum in Parliament
37. (1) If objection is taken by a member of the Senate present that there are present, besides the President of the Senate or the senator presiding, fewer than twenty senators and, after such interval as may be prescribed in the Standing Orders, the President of the Senate or senator presiding ascertains that the number of senators present is less than twenty, the Senate shall thereupon be adjourned in accordance with the Standing Orders.
(2) If objection is taken by a member of the House of Representatives present that there are present, besides the Speaker or the member presiding, fewer than forty members and, after such interval as may be prescribed in the Standing Orders, the Speaker or member presiding ascertains that the number of members present is less than forty, the House of Representatives shall thereupon be adjourned in accordance with the Standing Orders.
Powers, privileges, etc., of the houses of Parliament and of the members and committees thereof
38. (1) Subject to the provisions of this Constitution and to the rules and Standing Orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.
(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either house of Parliament of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of each house of Parliament, and of the members and the committees of each house, shall be such as may be prescribed from time to time by a law of the Legislature.
(4) Provision may be made by law for the punishment, by a house, of persons who refuse to give evidence or produce documents before a committee of the house when duly required by the chairman of the committee so to do:
Provided that any such law —
(a) may empower a court to punish a person who refuses to give evidence or produce documents; and
(b) shall have effect subject to such order for safeguarding confidential matters from disclosure as may be made by the President.
(5) The provisions of this section shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a house of Parliament or any committee thereof as they apply in relation to members of Parliament.
Salaries and allowances of members
39. Members of either house of Parliament shall be entitled to receive such salaries and allowances as may be prescribed from time to time by a law of the Legislature.
Secretary to Parliament and other staff of Parliament
40. (1) There shall be a Secretary to Parliament appointed by the Speaker after consulting the President of the Senate and subject to the approval of the House of Representatives.
(2) A person appointed as the Secretary to Parliament shall not be removable from office except in pursuance of a resolution by the House of Representatives.
(3) The salary of the Secretary to Parliament shall not be reduced during his continuance in office.
(4) Subject to any wishes which may be expressed from time to time by the House of Representatives, the Speaker shall, after consulting the President of the Senate, appoint such number of other staff of Parliament as the Speaker may from time to time consider necessary.
(5) The staff of Parliament shall be appointed on terms of service approved from time to time by the House of Representatives and shall be deemed to be public officers but shall not form part of the civil service of the Government of _____.
President and other persons may address Parliament
41. (1) The President may at any time —
(a) attend and address the Senate or the House of Representatives; or
(b) call a joint meeting of the Senate and the House of Representatives and attend and address such joint meeting.
(2) The President may send messages to the Senate or the House of Representatives and any such message shall be read by a Minister designated by the President at the first convenient sitting of the the Senate or the House of Representatives, as the case may be, after it is received.
(3) The Senate and the House of Representatives may, either jointly or severally, pursuant to a resolution, invite any person to address the Senate or the Representatives or, as the case may be, a joint meeting of the Senate and the House of Representatives.
PART VI
PROCEDURE IN REGARD TO BILLS
Introduction of Bills, motions and petitions
42. (1) Any Bill may originate in the House of Representatives.
(2) Any Bill, other than a Money Bill or a private Bill, may originate in the Senate.
(3) Subject to the conditions of this Constitution and the Standing Orders —
(a) any member of the Senate may introduce any Bill into or move any motion for debate in or present any petition to the Senate and the same shall be debated and disposed of according to the Standing Orders of the Senate;
(b) any member of the House of Representatives may introduce any Bill into or move any motion for debate in or present any petition to the House of Representatives and the same shall be debated and disposed of according to the Standing Orders of the House of Representatives;
(c) any Minister or Deputy Minister who is a member of the Senate or the House of Representatives may introduce any Bill into or move any motion for debate in or present any petition to either the Senate or the House of Representatives and the same shall be debated and disposed of according to the Standing Orders of the Senate or the House of Representatives, as the case may be.
(4) Except on the recommendation of the President signified by a Minister or a Deputy Minister, the Senate or the House of Representatives shall not —
(a) proceed upon any Bill, including any amendment to a Bill, which, in the opinion of the President of the Senate or the Speaker, as the case may be, makes provision for any of the following matters —
(i) imposing or increasing any tax;
(ii) imposing or increasing any charge on the Consolidated Revenue Fund or other public funds of _____ or altering any such charge otherwise than by reducing it;
(iii) compounding or remitting any debt due to the Government of _____;
(iv) authorizing the making or raising of any loan by the Government of _____;
or
(b) proceed upon any motion, including any amendment to a motion, the effect of which, in the opinion of the President of the Senate or the Speaker, as the case may be, is that provision should be made for any of the manners specified in paragraph (a); or
(c) receive any petition which, in the opinion of the President of the Senate or the Speaker, as the case may be, requests that provision be made for any of the manners specified in paragraph (a).
(5) The provisions of subsection (4) shall not apply to —
(a) any Bill introduced, motion moved, or petition presented by a Minister or a Deputy Minister; or
(b) any amendment moved by a Minister or a Deputy Minister to a Bill or motion.
Procedure in regard to Bills
43. (1) Immediately after a Bill which originates in the House of Representatives has been given a final reading and passed by the House of Representatives, the Speaker shall cause an authenticated copy of the Bill to be transmitted to the Senate for consideration and the day on which it is transmitted to be recorded in the journal of the House of Representatives.
(2) A Bill transmitted to the Senate in terms of subsection (1) shall be introduced forthwith into the Senate and, subject to the provisions of section forty-five, the Senate may reject the Bill or pass the Bill, with or without amendments.
(3) A Bill introduced into the Senate in terms of subsection (2) which has been given a final reading and passed by the Senate with amendments shall be forthwith returned to the House of Representatives with the amendments duly certified by the Secretary to Congress and the House of Representatives may reject, agree to, or amend the amendments made to the Bill by the Senate.
(4) Immediately after a Bill which originates in the Senate has been given a final reading and passed by the Senate, the President of the Senate shall cause an authenticated copy of the Bill to be transmitted to the House of Representatives for consideration and the day on which it is transmitted to be recorded in the journal of the Senate.
(5) A Bill transmitted to the House of Representatives in terms of subsection (4) shall be introduced into the House of Representatives as soon as may be convenient and the House of Representatives may reject the Bill or pass the Bill, with or without amendments.
(6) A Bill introduced into the House of Representatives in terms of subsection (5) which has been given a final reading and passed by the House of Representatives with amendments shall be forthwith returned to the Senate with the amendments duly certified by the Secretary to Parliament and the Senate may reject, agree to, or amend the amendments made to the Bill by the House of Representatives.
Disagreement between Senate and House of Representatives
44. (1) If —
(a) the Senate and the House of Representatives have not agreed upon the amendments to be made to a Bill which originates in the House of Representatives before the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate; or
(b) the Senate and the House of Representatives have not agreed upon the amendments to be made to a Bill which originates in the Senate before the expiration of a period of one hundred and eighty days beginning on the day of the return of the Bill to the Senate; or
(c) a Bill which originates in the House of Representatives has been rejected or has not been passed by the Senate before the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate;
the Bill may, subject to the provisions of this section, be presented to the President for assent in the form in which it was passed by the House of Representatives with such amendments, if any, as the Senate and the House of Representatives may have agreed:
Provided that if, in the opinion of the Speaker, a Bill which —
(i) originates in the House of Representatives; and
(ii) is introduced into the House of Representatives after the expiration of a period of one hundred and eighty days beginning on the day of the introduction into the Senate of a previous Bill originating in the Senate;
contains provisions identical with those contained in that previous Bill, except for minor changes required by the passage of time, the provisions of this subsection shall be construed and have effect as though the references in paragraphs (a) and (c) to a period of one hundred and eighty days were references to a period of eight sitting days.
(2) A Bill referred to in subsection (1) shall not be presented to the President for assent unless a resolution that the Bill be presented to the President for assent has been passed by the House of Representatives —
(a) in the case of a Bill referred to in paragraph (a) or (c) of that subsection, after the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate;
(b) in the case of a Bill referred to in paragraph (b) of that subsection, after the expiration of a period of one hundred and eighty days beginning on the day of the return of the Bill to the Senate;
(c) in the case of a Bill referred to in the proviso to that subsection, after the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate.
(3) A Bill referred to in subsection (1) shall not be presented to the President for assent unless it is accompanied by a certificate from the Speaker stating that the Bill is a Bill to which the relevant provisions of subsections (1) and (2) apply and that the Bill may lawfully be presented for assent by virtue of those provisions.
(4) A Bill presented to the President for assent in pursuance of a resolution of the House of Representatives referred to in subsection (2) shall be deemed to have been duly passed by Parliament in the form in which it is presented to the President.
(5) In the calculation of any period of one hundred and eighty days referred to in this section, no account shall be taken of any period during which Parliament is prorogued.
(6) For the purposes of this section —
(a) a Bill originating in the House of Representatives shall be deemed to have been introduced into the Senate on the sitting day next following the day on which a copy of the Bill is transmitted to the Senate in terms of subsection (1) of section forty-three;
(b) a Bill originating in the Senate shall be deemed to have been returned to the Senate on the sitting day next following the day on which the Bill is returned for the first time to the Senate in terms of subsection (6) of section forty-three.
Money Bills
45. (1) The Senate shall not have power to amend a Bill which is certified by the Speaker to be a Money Bill but may recommend amendments to the House of Representatives.
(2) An amendment to a Bill referred to in subsection (1) which is recommended by the Senate shall be duly certified by the Secretary to Parliament and transmitted to the House of Representatives for its consideration.
(3) After the House of Representatives has considered amendments to a Bill referred to in subsection (1) which have been recommended by the Senate the Bill shall be presented to the President for assent in the form in which it was passed by the House of Representatives with such amendments, if any, as may have been made by the House of Representatives on the recommendation of the Senate.
(4) If a Bill referred to in subsection (1) has not been passed by the Senate before the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate, the Bill may, subject to the provisions of this section, be presented to the President for assent in the form in which it was passed by the House of Representatives.
(5) A Bill referred to in subsection (4) shall not be presented to the President for assent unless a resolution that the Bill be presented to the President for assent has been passed by the House of Representatives after the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate.
(6) A Bill referred to in subsection (4) shall not be presented to the President for assent unless it is accompanied by a certificate from the Speaker stating that the Bill is a Bill to which the provisions of subsections (4) and (5) apply and that the Bill may be lawfully presented for assent by virtue of those provisions.
(7) A Bill presented to the President for assent in pursuance of a resolution of the House of Representatives referred to in subsection (5) shall be deemed to have been duly passed by Parliament in the form in which it is presented to the President.
(8) For the purposes of this section, a Bill referred to in subsection (1) shall be deemed to have been introduced into the Senate on the sitting day next following the day on which a copy of the Bill is transmitted to the Senate in terms of subsection (1) of section forty-three.
Provisions relating to amendment of Bills
46. Subject to the provisions of this Constitution and the Standing Orders, after a Bill has been returned to the house in which it originated, the Senate or the House of Representatives may, by message to the other house pursuant to a resolution, agree to any amendment or withdraw any amendment which has been made to the Bill.
Assent to Bills
47. (1) When a Bill is presented to the President for assent, the President shall, within ten days —
(a) assent to the Bill; or
(b) in the case of a Bill other than a Money Bill, return the Bill to Parliament with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.
(2) When the President has returned a Bill to Parliament, it shall be reconsidered by Parliament in joint sitting and, if it is again passed, with or without amendment, by Parliament, by the votes of the majority of the members of both houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both houses and shall be presented to the President, and the President shall give his assent within ten days, failing which such assent shall be deemed to have been given.
(3) In every Bill presented to the President for assent the words of enactment shall be —
“Be it enacted by the President and the Parliament of _____.”
Further provisions relating to enactment of Bills
48. (1) Where in this Constitution there is a provision that a Bill of a specified description shall not be presented to the President for assent unless it is accompanied by a prescribed certificate, the President shall not assent to the Bill unless it is accompanied by the prescribed certificate.
(2) A law assented to by the President shall come into operation on the day of its publication in the Gazette or on such other day as may be specified in and under that or some other law.
Enrollment of Acts
49. (1) As soon as may be after a Bill has been assented to by the President, the Secretary to Parliament shall cause a fair copy of the Act, duly authenticated by the signature of the President and the Public Seal of _____, to be enrolled on record in the Office of the Registrar of the Supreme Court and such copy shall be conclusive evidence of the provisions of such Act.
(2) Notwithstanding the provisions of subsection (1), a law of the Legislature may provide that a revised edition of the laws in force on any specified day shall be compiled and published and that, upon publication, the laws therein printed shall in all courts of justice and for all purposes whatever be the sole and authentic version of such laws and be conclusive evidence thereof, and the President shall cause a duly authenticated copy of such revised edition of the laws to be deposited in the Office of the Registrar of the Supreme Court.
(3) The validity of an Act of the Legislature or of a revised edition of the laws shall not depend upon the enrollment or deposit thereof in pursuance of the provisions of this section.
PART VII
SUMMONING, PROROGATION AND DISSOLUTION
Sessions of Parliament
50. The President shall from time to time summon each house of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
Prorogation and dissolution
51. (1) The President may from time to time —
(a) prorogue the houses or either house;
(b) dissolve the House of the Representatives.
(2) In the exercise of his powers under this article the President shall act in accordance with the advice of the Prime Minister:
Provided that -
(a) if the House of Representatives passes a resolution, supported by the votes of a majority of all the members thereof, that it has no confidence in the Government, and the Prime Minister does not within three days either resign from his office or advise a dissolution, the President may dissolve the House of Representatives;
(b) if the office of Prime Minister is vacant and the President considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of a majority of the members of the House of Representatives, the President may dissolve the House of Representatives; and
(c) if the Prime Minister recommends a dissolution and the President considers that the Government of _____ can be carried on without a dissolution and that a dissolution would not be in the interests of _____, the President may refuse to dissolve the House of Representatives.
54. (1) The President may, from time to time, summon either house or both houses of Parliament in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same.
(2) There shall be at least three sessions of the House of Representatives every year, and not more than one hundred and twenty days shall intervene between the last sitting of the House of Representatives in one session and the date appointed for its first sitting in the next session:
Provided that the House of Representatives shall meet for not less than one hundred and thirty working days in each year.
Explanation: In this clause, "working days" includes any day on which there is a joint sitting and any period, not exceeding two days for which the House of Representatives is adjourned.
(3) On a requisition signed by not less than one-fourth of the total membership of the House of Representatives, the Speaker shall summon the House of Representatives to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the Speaker has summoned the House of Representatives only he may prorogue it.
The provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply to the Senate as they apply to the National Assembly and, in their application to the Senate, shall have effect as if references therein to the National Assembly, Speaker and Deputy Speaker were references, respectively, to the Senate, Chairman and Deputy Chairman and as if, in the proviso to the said clause (2) of Article 54, for the words "one hundred and thirty" the word "ninety" were substituted.
CHAPTER
RELATIONS BETWEEN FEDERATION AND STATES
Part II
Powers of the Federal Republic of _____
Legislative powers
9. (1) The legislative powers of the Federal Republic of _____ shall be vested in a Parliament for the Federation, which shall consist of the President, a Senate and a House of Representatives.
(2) The legislative powers of a State of the Federation shall be vested in the Governor and the Legislative Assembly of the State.
(3) Notwithstanding anything in subsections (4) and (5), Parliament has exclusive power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Federal Legislative List.
(4) Notwithstanding anything in subsection (5), Parliament, and, subject to subsection (3), the Legislative Assembly of a State also, have power to make laws with respect to any matter included in the Concurrent Legislative List.
(5) Subject to subsections (3) and (4), the Legislative Assembly of a State has exclusive power to make laws for the peace, order and good government of the State or any part thereof with respect to any matter included in the State Legislative List.
Executive powers
10. (1) Subject to the provisions of this Constitution, the executive powers of the Federation:
(a) shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by Parliament, be exercised by him either directly or either directly or through officers subordinate to him in accordance with this Constitution; and
(b) shall extend to the execution and maintenance of this Constitution, all laws made by Parliament and to all matters with respect to which Parliament has, for the time being, power to make laws.
(2) Subject to the provisions of this Constitution, the executive powers of a State:
(a) shall be vested in the Governor of that State and may, subject as aforesaid and to the provisions of any law made by a Legislative Assembly, be exercised by him either directly or through officers subordinate to him in accordance with this Constitution; and
(b) shall extend to the execution and maintenance of this Constitution, all laws made by the Legislative Assembly of the State and to all matters with respect to which the Legislative Assembly has for the time being power to make laws.
Judicial powers
11. (1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation.
(2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State.
(3) The courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection paragraph (a) to (i') of subsection (5), shall be the only superior courts of record in _____; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record.
(4) Nothing in the foregoing provisions of this section shall be construed as precluding:―
(a) Parliament or any Legislative Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of a High Court;
(b) Parliament or any Legislative Assembly, which does not require it, from abolishing any court which it has power to establish or which it has brought into being.
(5) This section relates to:―
(a) the Supreme Court of _____;
(b) the Court of Appeal;
(c) the Federal High Court;
(d) the High Court of the Houghton Capital Territory;
(e) a High Court of a State;
(f) the Customary Court of Appeal of the Houghton Capital Territory;
(g) a Customary Court of Appeal of a State;
(h) such other courts as may be authorized by law to exercise jurisdiction on matters with respect to which Parliament may make laws; and
(i) such other court as may be authorized by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a Legislative Assembly may make laws.
(6) The judicial powers vested in accordance with the foregoing provisions of this section ―
(a) shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law;
(b) shall extend, to all matters between persons, or between government or authority and to any persons in _____, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.
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(1) The President may, with the approval of a majority of members of the Senate, appoint a person as ambassador or any other principal representative of _____ to represent _____ abroad.
(2) The President may receive envoys accredited to _____.
(3) The President may execute or cause to be executed treaties, agreements or conventions in the name of the Federal Republic.
(4) A treaty, agreement or convention in respect of international relations executed by or under the authority of the President shall not bind the Federal Republic unless it is ratified by a resolution of the Senate supported by not less than two-thirds majority of all its members.
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(1) There shall be a Prime Minister of the Federal Republic who shall be appointed by the President in accordance with the provisions of this section and who, before assuming his office, shall take and subscribe before the President such oath of office of Prime Minister as may be prescribed by the Legislature.
(2) As soon as possible, and in any case within fourteen days after assuming office, the President shall appoint a member of the House of Representatives elected from a constituency from a political party having a majority of members in the House of Representatives or, if no political party has a majority, who appears to have the support of the majority of the members of the House of Representatives, to be Prime Minister of the Federal Republic, and he shall not assume office until his appointment is first confirmed by a resolution of the House of Representatives supported by a majority vote of Members of the House of Representatives.
(3) There shall be such number of Ministers, not being less than seven or more than fourteen as the President, acting in accordance with the advice of the Prime Minister, may determine.
(4) The President, according in accordance with the advice of the Prime Minister may, with the approval of a majority of the members of the House of Representatives, appoint a person to the office of Minister.
(5) A Minister or appointed under subsection (4) shall hold office during the pleasure of the President and may be removed from office by the President acting on the advice of the Prime Minister.
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1. There shall be a Leader of the Opposition who shall be elected by the National Assembly from among its members in accordance with this Article and the Standing orders.
2. A person is not eligible to be elected to the office of Leader of the opposition if the person is a member of the political party which nominated the incumbent President for election, and only members of the National Assembly who are not members of that party may vote in the election.
3. A person elected to the office of Leader of the Opposition shall vacate the office -
a. if the person ceases to be a member of the National Assembly;
b. if the person is elected to the office of Speaker or Deputy Speaker;
c. if the person resigns by notice in writing addressed to the Speaker; or
d. where the members of the National Assembly entitled to vote at an election to the office pass a resolution requiring the person to vacate the office.
4. An Act may provide for the salary, allowances and gratuity of the Leader of the Opposition.
5. The salary, allowances or gratuity payable to the Leader of the opposition shall be not less than those payable to a Minister and shall be a charge on the Consolidated Fund.
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86. 1. The legislative power vested in the National Assembly shall be exercised by Bills passed by the Assembly and assented to or deemed to have been assented to by the President.
2. Subject to Article 87, where a Bill is presented to the President for assent, the President shall, within fourteen days of the presentation of the Bill, assent, or, in accordance with this Part, withhold assent, to the Bill.
3. The President shall cause a Bill which has been passed and assented or deemed to have been assented to in accordance with this Constitution to be published in the Gazette whereupon it shall become law.
4. A Bill passed by the National Assembly and assented to or deemed to have been assented to by the President shall be styled an "Act" and the words of enactment shall be "Enacted by the President and the National Assembly".
87. Where the President is of the opinion that a Bill presented for assent infringes or may infringe this Constitution, the President shall not assent to the Bill and, as soon as is practicable within fourteen days of the presentation of the Bill -
a. advise the Speaker accordingly; and
b. refer the Bill to the Constitutional Court for a decision in this respect.
2. Where the President refers a Bill to the Constitutional Court under clause (1), the President shall not, until the Court has made its decision on the Bill, be treated, for the purposes of Article 88, as having withheld assent to the Bill.
3. Where a Bill has been referred to the Constitutional Court under clause (1), the President shall not assent to it and the National Assembly shall not proceed under Article 88(2) until the Court has pronounced its decision thereon.
4. Where the Constitutional Court decides that a Bill referred to it under clause (1) does not infringe this Constitution, the Court shall forthwith inform the President and the Speaker in writing accordingly and the period under Article 86(2) within which the President is required to assent to a Bill shall start to run from the date of the decision of the Court.
88. 1. Where the President withholds, within the period provided in Article 86(2), assent to a Bill, not being a Bill referred to in Article 87(5), the President shall, in the case of a refusal, forthwith or, in any event, forthwith after the period of fourteen days referred to in Article 86(2) -
a. return the Bill to the Speaker; and
b. inform the Speaker in writing of the reasons why the Bill has not been assented to.
2. Where the President has returned the Bill to the Speaker under clause (1)(a), the National Assembly may, at any time after a period of three months from the date by which the President should have assented to the Bill under Article 86(2), by a notice approved by the votes of not less than two-thirds of the number of members of the Assembly resolve that the Bill should again be presented for the President's assent.
3. Where a Bill is presented for the President's assent under clause (2), notwithstanding that the President withholds assent to the Bill, the President shall be deemed to have assented to the Bill at the expiration of the period of fourteen days referred to in Article 86(2).
