Wicked Devil
From Roach Busters
PART I: THE GOVERNMENT
Chapter 1 — Head of State
The State President
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 Representatives, 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 Representatives 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 Representatives 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 Representatives may consider necessary.
Presidential Elections Committee
4. (1) There shall be a Presidential Elections Committee whose function is to ensure that candidates for the office of State President have the qualifications referred to in paragraph (e) or (g) (iii) or both such paragraphs of sub-section (2) of section five, as the case may be.
(2) The Presidential Elections Committee shall consist of —
(a) the Chairman of the Public Service Commission;
(b) the Chief Justice of the Supreme Court; and
(c) a member of the Senate Legal Committee nominated by the Chairman of the Senate Legal Committee.
(3) The Chairman of the Public Service Commission shall be the chairman of the Presidential Elections Committee and if he is absent from _____ or for any other reason unable to discharge his functions, he shall nominate a Deputy Chairman of the Public Service Commission to act on his behalf.
(4) The office of the member of the Presidential Elections Committee nominated under paragraph (c) of sub-section (2) shall become vacant if the member —
(a) dies;
(b) resigns from office by a letter in writing addressed to the Chairman of the Presidential Elections Committee; or
(c) has his nomination revoked by the Chairman of the Senate Legal Committee,
and the vacancy shall be filled by a new member nominated by the Chairman of the Senate Legal Committee.
(5) If the member of the Presidential Elections Committee referred to in paragraph (b) or (c) of sub-section (2) is absent from _____ or is for any other reason unable to discharge his functions, the Chief Justice of the Supreme Court or the Chairman of the Senate Legal Committee shall appoint a member of the Supreme Court or a member of the Senate Legal Committee, as the case may be, to act on his behalf.
(6) The Presidential Elections Committee may regulate its own procedure and fix the quorum for its meetings.
(7) The Presidential Elections Committee may act notwithstanding any vacancy in its membership.
(8) Congress may by law provide for the remuneration of members of the Presidential Elections Committee and the remuneration so provided shall be charged on the Consolidated Revenue Fund.
(9) A decision of the Presidential Elections Committee as to whether a candidate for election to the office of President has fulfilled the requirement of paragraph (e) or (g) (iii) of sub-section (2) of section five shall be final and shall not be subject to appeal or review in any court.
Qualifications and disabilities of State President
5. (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) is not less than thirty-five years and not more than seventy-five years of age;
(d) possesses the qualifications specified in section _____;
(e) is not subject to any of the disqualifications specified in section _____;
(f) satisfies the Presidential Elections Committee that he is a person of integrity, good character and reputation;
(g) has been domiciled in _____ for a period of at least fourteen years;
(h) has for a period of not less than 3 years held office —
- (i) as Minister, Chief Justice, President of the Senate, Speaker of the House of Representatives, Attorney-General, Chairman of the Public Service Commission, Auditor-General or Governor of a State;
- (ii) as chairman of the board of directors or chief executive officer of a company incorporated or registered under the Companies Act with a paid-up capital of at least $100 million or its equivalent in foreign currency; or
- (iii) in any other similar or comparable position of seniority and responsibility in any other organization or department of equivalent size or complexity in the public or private sector which, in the opinion of the Presidential Elections Committee, has given him such experience and ability in administering and managing financial affairs as to enable him to carry out effectively the functions and duties of the office of State President.
(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 person exercising the functions of the office of State 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 Congress or any other office created or recognized by this Constitution.
Term of Office
6. (1) 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.
(2) The State President may resign by lodging his resignation in writing with the Prime Minister.
Oath of Office and declaration of assets and liabilities
7. (1) A person elected to the office of State President shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed in this Constitution and he has taken and subscribed the Oath of Allegiance and the oath of office prescribed in the Seventh Schedule to this Constitution.
(2) The oaths aforesaid shall be administered by the Chief Justice of _____ or the person for the time being appointed to exercise the functions of that office.
Civil List and personal staff of State President
8. (1) The Legislature shall by law provide a Civil List for the maintenance of the State President.
(2) The Civil List for the maintenance of the State President shall be charged on and paid out of the Consolidated Revenue Fund and shall not be diminished during the continuance in office of the State President.
(3) Subject to sub-section (4), the appointment, terms of service, disciplinary control, termination of appointment and dismissal of the personal staff of the State President shall be matters for the State President acting in his discretion.
(4) The State President may, if he so desires, appoint to his personal staff such public officers as he may select, after consultation with the Prime Minister, from a list of names submitted by the Public Service Commission; and the provisions of sub-section (3) (except in so far as they relate to appointment) shall apply in relation to a person so appointed as respects his service on the personal staff of the State President but not as respects his service as a public officer.
(5) The remuneration of the personal staff of the State President, other than a person appointed under sub-section (4), shall be defrayed out of the Civil List for the maintenance of the State President.
Vacation of and removal from office of State President
9. (1) The State President may be removed from office in accordance with the provisions of this section.
(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of Congress: —
(a) is presented to the President of the Senate;
(b) stating that the holder of the office of State President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified,
the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of Congress, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of Congress.
(3) Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the State President in reply to the allegation contained in the notice) each house of Congress shall resolve by motion without any debate whether or not the allegation shall be investigated.
(4) A motion of Congress that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each house of Congress.
(5) Within seven days of the passing of a motion under the foregoing provisions, the Chief Justice of _____ shall at the request of the President of the Senate appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.
(6) The State President shall have the right to defend himself in person and be represented before the Panel by legal practitioners of his own choice.
(7) A Panel appointed under this section shall —
(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by Congress; and
(b) within three months of its appointment report its findings to each house of Congress.
(8) Where the Panel reports to each house of Congress that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.
(9) Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report at the house the Congress shall consider the report, and if by a resolution of each house of Congress supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.
(10) No proceedings or determination of the Panel or of Congress or any matter relating thereto shall be entertained or questioned in any court.
11. The State President shall cease to hold office, if —
(a) by a resolution passed by two-thirds majority of all the members of the Cabinet it is declared that the State President is incapable of discharging the functions of his office; and
(b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under sub-section (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.
(2) Where the medical panel certifies in the report that in its opinion the State President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Gazette.
(3) The State President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.
(4) The medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in _____ —
(a) one of whom shall be the personal physician of the holder of the office concerned; and
(b) four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions.
Persons to exercise functions of State President when office is vacant
12. (1) If the office of State President becomes vacant, the President of the Senate or, if he is unavailable, the Speaker of the House of Representatives shall exercise the functions of the office of State President during the period between the date the office of State President becomes vacant and the assumption of office by the person declared elected as State President.
(2) If neither the President of the Senate nor the Speaker of the House of Representatives is available, the Cabinet shall nominate and, with the approval of each house of Congress, appoint a person in accordance with sub-section (3) to exercise the functions of the office of State President during the period referred to in sub-section (1).
(3) The Cabinet shall not appoint any person to exercise the functions of the office of State President under sub-section (2) unless the person is qualified to be elected as State President.
(4) Any person required or appointed to exercise the functions of the office of State President pursuant to this section or section thirteen shall, before exercising those functions, take and subscribe in the presence of the Chief Justice or another Judge of the Supreme Court the Oath of Allegiance and the oath of office prescribed in the Seventh Schedule to this Constitution, except that neither the President of the Senate nor the Speaker of the House of Representatives shall, during his term of office as President of the Senate or as Speaker of the House of Representatives, be required to take such oath more than once in respect of occasions when he is required to exercise the functions of the office of State President.
Temporary disability of State President
13. (1) Subject to sub-section (2), if the State President becomes temporarily unable, whether by reason of ill-health, absence from _____ or otherwise, to perform his functions under this Constitution or any other written law, one of the persons referred to in section twelve shall exercise the functions of the office of State President during the period of temporary disability, and the provisions of section twelve shall apply, with the necessary modifications, to that person.
(2) The Cabinet shall not appoint any person to exercise the functions of the office of State President under this section unless the State President agrees to that person being so appointed.
(3) Sub-section (2) shall not apply if the State President is unable for any reason to signify his agreement to a person being appointed under this section to exercise the functions of the office of State President.
Salary of State President
14. (1) There shall be paid to the State President out of and as a charge on the Consolidated Revenue Fund, in addition to any allowances appropriated from time to time by Congress, and apart from any privileges which he may enjoy, a salary of one hundred thousand dollars per annum.
(2) The salary of the State President shall not be reduced during his term of office.
Pension payable to State President and his widow
15. (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.
Chapter II — The Cabinet
Cabinet
16. There shall be in and for _____ a Cabinet, which shall consist of the Prime Minister and such other Ministers as may be appointed in accordance with section nineteen.
Public Seal
17. (1) There shall be a Public Seal of _____, showing the coat of arms of the Republic with the circumscription “Republic of _____”.
(2) The Public Seal shall be kept by the State President and used for sealing all things whatsoever that shall pass the Public Seal of _____.
Confirmation of executive acts of State President
18. (1) The will and pleasure of the State President as head of the executive government of the Republic shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by a Minister.
(2) The signature of the State President on any instrument shall be confirmed as provided in section seventeen.
Appointment of Prime Minister and Ministers
19. (1) The State President shall appoint as Prime Minister a member of Congress who in his judgment is likely to command the confidence of the majority of the members of the House of Representatives, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the members of Congress:
Provided that, if an appointment is made while Congress is dissolved, a person who was a member of the last Congress may be appointed but shall not continue to hold office after the first sitting of the next Congress unless he is a member thereof.
(2) Appointments under this section shall be made by the State President by instrument under the Public Seal.
Tenure of office of Prime Minister and Ministers
20. (1) The State President shall, by writing under the public seal, declare the office of Prime Minister vacant —
(a) if the Prime Minister resigns his office by writing under his hand addressed to the State President; or
(b) if the State President, acting in his discretion, is satisfied that the Prime Minister has ceased to command the confidence of a majority of the members of the House of Representatives:
Provided that, before declaring the office of Prime Minister vacant under this paragraph, the State President shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the State President may dissolve the House of Representatives instead of making such a declaration.
(2) A Minister, other than the Prime Minister, shall vacate his office —
(a) if his appointment to that office is revoked by the State President, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal; or
(b) if he resigns his office by writing under his hand addressed to the State President.
(3) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.
(4) (a) Whenever the Prime Minister is ill or absent from _____ or has been granted leave of absence from his duties under section _____, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorized by the State President, by instrument under the Public Seal, in that behalf.
(b) The State President may, by instrument under the Public Seal, revoke any authority given under this section.
(c) The powers conferred upon the State President by this section shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister's illness or absence, and in any other case shall be exercised by the State President in accordance with the advice of the Prime Minister.
Oath
21. The Prime Minister and every other Minister shall before assuming the duties of his office make and subscribe before the State President or a person designated by him for the purpose, an oath in such form as the State President may determine.
Summoning of and presiding in Cabinet
22. (1) The Cabinet shall not be summoned except by the authority of the Prime Minister.
(2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.
Assignment of responsibility to Ministers
23. (1) The Prime Minister may, by directions in writing —
(a) charge any Minister with responsibility for any department or subject; and
(b) revoke or vary any directions given under this section.
(2) The Prime Minister may retain in his charge any department or subject.
Exercise of functions of Prime Minister
30. (1) The Prime Minister shall have authority over the control, supervision and execution of the day-to-day functions and affairs of the Government.
(2) The Prime Minister shall be the Leader of Government Business in Congress and shall co-ordinate the work of the Cabinet.
(3) It shall be the duty of the Prime Minister —
(a) to communicate to the State President all decisions of the Cabinet relating to the administration of the affairs of the Republic and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Republic and proposals for legislation as the State President may call for; and
(c) if the State President so requires, to submit for the consideration of the Cabinet any matter on which a decision has been taken by the Prime Minister or a Minister but which has not been considered by the Cabinet.
Leave of absence for Ministers
24. The State President, acting in accordance with the advice of the Prime Minister, may grant leave of absence from his duties to the Prime Minister and to any other Minister.
Disabilities of Ministers
25. A member of the Cabinet shall not hold any office of profit and shall not actively engage in any commercial enterprise.
Secretary to Cabinet
26. (1) The State President, acting in accordance with the advice of the Prime Minister, may appoint a public officer to be the Secretary to the Cabinet.
(2) The Secretary to the Cabinet shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the meetings of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may from time to time direct.
Permanent Secretaries
27. (1) There shall be for each Ministry one or more Permanent Secretaries who shall be persons who are public officers.
(2) (a) Appointments to the office of Permanent Secretary shall be made by the State President, acting in accordance with the advice of the Prime Minister, from a list of names submitted by the Public Service Commission.
(b) The responsibility for the allocation of each Permanent Secretary to a Ministry shall be vested in the Prime Minister.
(3) Every Permanent Secretary shall, subject to the general direction and control of the Minister, exercise supervision over the department or departments to which he is allocated.
Attorney-General
28. (1) (1) The office of Attorney-General is hereby constituted and appointments thereto shall be made by the State President, acting in accordance with the advice of the Prime Minister, from among persons who are qualified for appointment as a Judge of the Supreme Court.
(2) When it is necessary to make an appointment to the office of Attorney-General otherwise than by reason of the death of the holder of that office or his removal from office under sub-section (6), the Prime Minister shall, before tendering advice to the State President under sub-section (1), consult the person holding the office of Attorney-General or, if that office is then vacant, the person who has last vacated it, and the Prime Minister shall, in every case, before tendering such advice, consult the Chief Justice and the Chairman of the Public Service Commission.
(3) The Prime Minister shall not be obliged to consult any person under sub-section (2) if he is satisfied that by reason of the infirmity of body or mind of that person or for any other reason it is impracticable to do so.
(4) The Attorney-General may be appointed for a specific period and, if he was so appointed, shall, subject to sub-section (6), vacate his office (without prejudice to his eligibility for reappointment) at the expiration of that period, but, subject as aforesaid, shall otherwise hold office until he attains the age of 60 years:
Provided that —
(a) he may at any time resign his office by writing under his hand addressed to the State President; and
(b) the President, if he, acting in accordance with the advice of the Prime Minister, may permit an Attorney-General who has attained the age of 60 years to remain in office for such fixed period as may have been agreed between the Attorney-General and the Government.
(5) Nothing done by the Attorney-General shall be invalid by reason only that he has attained the age at which he is required by this section to vacate his office.
(6) (a) The Attorney-General may be removed from office by the State President, acting in accordance with the advice of the Prime Minister, but the Prime Minister shall not tender such advice except for inability of the Attorney-General to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and except with the concurrence of a tribunal consisting of the Chief Justice and 2 other Judges of the Supreme Court nominated for that purpose by the Chief Justice.
(b) The tribunal constituted under this clause shall regulate its own procedure and may make rules for that purpose.
(7) It shall be the duty of the Attorney-General to advise the Government upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the State President or the Cabinet and to discharge the functions conferred on him by or under this Constitution or any other written law.
(8) The Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offense.
(9) In the performance of his duties, the Attorney-General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in _____.
(10) The Attorney-General shall be paid such remuneration and allowances as may from time to time be determined and such remuneration and allowances shall be charged on and paid out of the Consolidated Revenue Fund.
(11) Subject to this section, the terms of service of the Attorney-General shall either —
(a) be determined by or under any law made under this Constitution; or
(b) (in so far as they are not determined by or under any such law) be determined by the State President, acting in accordance with the advice of the Prime Minister.
(12) The terms of service of the Attorney-General shall not be altered to his disadvantage during his continuance in office.
(13) For the purposes of sub-section (12), in so far as the terms of service of the Attorney-General depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted.
Chapter III — Executive Functions
Functions of State President
29. (1) The executive government of the Republic in regard to any aspect of its internal or external affairs is vested in the State President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.
(2) The Legislature may by law confer executive functions on other persons.
30. (1) Except as provided by this Constitution, the State President shall, in the exercise of his functions under this Constitution or any other written law, act in accordance with the advice of the Cabinet or the Prime Minister:
Provided that the State President may require the Cabinet or as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the State President shall act in accordance with the advice tendered after such reconsideration.
(2) The State President may act in his discretion in the performance of the following functions —
(a) the appointment of the Prime Minister in accordance with section nineteen;
(b) the withholding of consent to a request for a dissolution of the House of Representatives;
(c) the withholding of assent to any Bill;
(d) any other function the performance of which the State President is authorized by this Constitution to act in his discretion.
(3) Where the State President is required to act in accordance with his own discretion or the advice of any specified person or authority, a court shall not, in any case, inquire into any of the following questions or matters —
(a) on whose advice the State President acted;
(b) whether any advice was tendered or acted on;
(c) the nature of any advice tendered;
(d) the manner in which the President has exercised his discretion as referred to in the provisos to sub-section (2).
(4) The Legislature may by law make provision to require the State President to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet in the exercise of his functions other than —
(a) functions exercisable in his discretion; and
(b) functions with respect to the exercise of which provision is made in any other provision of this Constitution.
31. (1) As the Head of State, the State President shall uphold, protect and defend the Constitution as the Supreme Law, and shall perform with dignity and leadership all acts necessary, expedient, reasonable and incidental to the discharge of the executive functions of the Government, subject to the overriding terms of this Constitution and the laws of _____, which he is constitutionally obliged to protect, to administer and to execute.
(2) In accordance with the responsibility of the executive branch of Government to the legislative branch, the State President and the Cabinet shall each year during the consideration of the official budget attend Congress. During such session the State President shall address Congress on the state of the nation and on the future policies of the Government, shall report on the policies of the previous year and shall be available to respond to questions.
(3) Without derogating from the generality of the functions and powers contemplated by sub-section (1) hereof, the State President shall have the power, subject to this Constitution to —
(a) assent to Bills and promulgate Bills duly passed by Congress;
(b) dissolve the House of Representatives by Proclamation in the circumstances provided for in section _____;
(c) determine the times for the holding of special sessions of Congress, and to prorogue such sessions;
(d) appoint commissions of inquiry; and
(e) refer disputes of a constitutional nature to the Supreme Court.
(4) The State President shall also have the power, subject to this Constitution, to appoint —
(a) on the recommendation of the Judicial Service Commission —
- (aa) the Chief Justice and other Judges of the Supreme Court;
- (bb) the Ombudsman;
- (cc) the Prosecutor-General;
(b) on the recommendation of the Public Service Commission —
- (aa) the Auditor-General;
(c) on the recommendation of the National Security Council —
- (aa) the Chief of the Armed Forces;
- (bb) the Director-General of the National Intelligence Service;
- (cc) the Inspector-General of Police.
(5) Appointments under sub-section (4) shall be subject to the approval of the Senate.
Command of Armed Forces
32. (1) The supreme command of the armed forces of the Republic shall vest in the State President and he shall hold the office of Commander in Chief.
(2) The powers conferred on the State President by sub-section (1) of this section shall include —
(a) the power to determine the operational use of the armed forces;
(b) the power to appoint members of the armed forces, to make appointments on promotion to any office in the armed forces and to dismiss any member of the armed forces.
(3) The State President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the armed forces any of the powers mentioned in subsection (2) of this section.
(4) Congress may regulate the exercise of the powers conferred by or under this section.
Referendum
33. (1) If, at any time, the State President considers that it is desirable that any matter of national importance should be referred to a referendum, the State President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by “Yes” or “No”.
(2) An Act of Congress may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.
International relations
34. (1) The State President shall be responsible for —
(a) the conduct of relations with other states and international organizations;
(b) the reception of envoys accredited to _____ and, subject to the approval of the Senate, the appointment of the principal representatives of _____ abroad; and
(c) the negotiation and, subject to ratification by the Senate, the conclusion of treaties and other international agreements.
(2) _____ shall not —
(a) enter into any engagement with any other country which causes it to lose its sovereignty without the matter first being put to a referendum and passed by such majority as may be prescribed by an Act of Congress;
(b) become a member of any international organization unless Congress is satisfied that it is in the interest of _____ and that membership does not derogate from its sovereignty.
(3) Congress may, by resolution establish procedures for the ratification of treaties and other international agreements.
Prerogative of Mercy
35. The State President may —
(a) grant to any person convicted of any offense a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offense; and
(d) remit the whole or part of any punishment imposed on any person for any offense or of any penalty or forfeiture otherwise due to the Government on account of any offense.
Advisory Committee on Prerogative of Mercy
36. (1) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of —
(a) a Minister appointed by the State President by instrument in writing under his hand;
(b) the Attorney-General; and
(c) a person qualified to practice in _____ as a medical practitioner, appointed by the State President by instrument in writing under his hand.
(2) A member of the Committee appointed under paragraph (a) or (c) of sub-section (1) shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed:
Provided that his seat shall become vacant —
- (i) in the case of a person who, at the date of his appointment, was a Minister, if he ceases to be a Minister; or
- (ii) if the State President, by instrument in writing under his hand, so directs.
(3) The Committee shall not be summoned except by the authority of the State President who shall, as far as is practicable, attend and preside at all meetings of the Committee, and, in the absence of the State President, the Attorney-General shall preside.
(4) The Committee may act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.
(5) Subject to the provisions of this section, the Committee may regulate its own procedure.
Functions of Advisory Committee on Prerogative of Mercy
37. (1) Where any person has been sentenced to death for any offense, the State President shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he may require, to be considered at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he shall decide whether to exercise any of his powers under section thirty-five of this Constitution.
(2) The State President may consult with the Committee before deciding whether to exercise any of his powers under the said section thirty-five in any case not falling within sub-section (1) of this section.
38. (1) The State President may, after consulting the Committee established by sub-section (2), confer honors and awards, including honorary honors and awards to friends of ______.
(2) The shall be a Committee to advise the State President on the exercise of his or her powers under this section which shall consist of not more than five, and not less than three, persons appointed by the State President.
Declarations relating to public emergencies
39. (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 State President may by Proclamation in the Gazette declare that a state of emergency exists in _____ or any part thereof.
(2) A declaration under sub-section (1) hereof, if not sooner revoked, shall cease to have effect —
(a) in the case of a declaration made when the House of Representatives 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 House of Representatives by a two-thirds majority of all its members.
(3) Subject to the provisions of sub-section (4) hereof, a declaration approved by a resolution of the House of Representatives under sub-section (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 House of Representatives 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 House of Representatives may by resolution at any time revoke a declaration approved by it in terms of this section and the State 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 State President shall have the power by Proclamation to make such regulations as in his or her opinion are necessary for the protection of national security, public safety and the maintenance of law and order.
(b) The powers of the State 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 sub-section shall enable the State President to act contrary to the provisions of section _____ 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 State 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 State 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 House of Representatives within fourteen (14) days from the date when the House of Representatives first sits in session after the date of the commencement of any such regulations.
(7) The State 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 House of Representatives.
Declaration of a state of war
40. (1) The State President may, with the approval of Congress, given by resolution supported by not less than two-thirds of all the members of Congress, declare that a state of war exists between _____ and any other country.
(2) Where it is impracticable to seek the approval of Congress before declaration of a state of war, the State President may declare a state of war without the approval but shall seek the approval immediately after the declaration and in any case not later than seventy-two hours after the declaration.
(3) Where the State President makes the declaration of a state of war under sub-section (2) when Congress is in recess, the State President shall immediately summon Congress to an emergency session to sit within seventy-two hours after the declaration of a state of war.
(4) The State President may, with the approval of Congress, given by resolution, revoke a declaration of a state of war made under sub-section (1) or (2) of this section.
Appointment, etc. of officers
41. The State President may constitute such offices for _____ as may be lawfully constituted and, subject to the provisions of this Constitution and of any other law, the State President may —
(a) make appointments, to be held during pleasure, to any office so constituted; and
(b) dismiss any person so appointed or take such other disciplinary action in relation to him as the State President may think fit.
