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From Roach Busters
[edit] Senate
[edit] Constitution of Senate
1. (1) The Senate shall consist of ―
(a) ten senators (hereinafter referred to as “appointed senators”) appointed by the State President of whom two shall be nominated from each province; and
(b) so many senators (hereinafter referred to as “elected senators”), but not less than ten, in the case of each province as are equal to one-tenth of the number of the electoral divisions into which that province has at the last delimitation under this Constitution, for the election of members of the House of Assembly been divided, together with the electoral divisions into which that province has been so divided for the election of provincial councillors.
(2) Where in the case of any province the figure to be divided by ten for the purpose of determining the number of senators to be elected in respect of that province in terms of paragraph (b) of subsection (1) is not a multiple of ten, that figure shall for the said purpose be assumed to be the lowest multiple of ten above the said figure.
(3) The senators referred to in paragraph (b) of subsection (1) shall in the case of each province be elected jointly by the members of the provincial council of such province together with the members of the House of Assembly elected for such province.
[edit] Appointed senators
2. (1) The senators nominated by the State President in terms of paragraph (a) of subsection (1) of section one shall, subject to the provisions of section blah, hold their seats for five years.
(2) In the exercise of his functions under this section the State President shall endeavor to appoint persons who he is satisfied have rendered distinguished public service or are persons of eminence in professional, commercial, industrial or agricultural life, including education, law, medicine, science, engineering and banking.
(3) If the seat of a senator so appointed becomes vacant, the State President shall nominate another person to hold the seat until the completion of the period for which the person in whose stead he is appointed, would have held the seat.
[edit] Elected senators
3. (1) The senators elected under subsection (3) of section one shall hold their seats for five years unless the Senate be sooner dissolved.
(2) If the seat of an elected senator becomes vacant, the the members of the provincial council of the province, together with the members of the House of Assembly elected for such province, shall elect a person to hold the seat until the completion of the period for which the person in whose stead he is elected, would have held the seat.
(3) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
(4) The State President may make regulations in regard to the election of senators under this Constitution, including regulations prescribing the method of voting and of transferring and counting votes and the duties of returning officers in connection with such elections.
[edit] The Senate Legal Committee
4. (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section five and the election of the Deputy President of the Senate in terms of section seven the President of the Senate shall, subject to the provisions of this section, appoint a committee to be known as the Senate Legal Committee.
(2) The Senate Legal Committee shall consist of such number of senators as the State President may determine and the State President may, at any time after the appointment of the Senate Legal Committee, direct that the membership thereof shall be increased or decreased, as the case may be, by such number as he may specify:
Provided that at no time shall the Senate Legal Committee consist of less than three members.
(3) A majority of the members of the Senate Legal Committee shall consist of persons holding such legal qualifications as may be prescribed by a law of the Legislature for the purposes of this section.
[edit] Election of President of Senate
5. (1) At such time on such day as may be fixed by the Secretary to Parliament, being a day not later than the day fixed in terms of section _____ for the first meeting of Parliament after a general election, and, before the Senate proceeds to the dispatch of any other business, the Senate shall elect a person to be the President of the Senate and, whenever the office of the President of the Senate becomes vacant otherwise than by reason of the dissolution of Parliament, the Senate shall not transact any other business until a person to fill that office has been elected.
(2) The President of the Senate shall be elected in accordance with the Standing Orders, either from among the members of the Senate or the House of Assembly who are neither Ministers nor Deputy Ministers, or from among persons who are not members of the Senate or the House of Assembly:
Provided that a person who is not a member of the Senate shall not be elected President of the Senate unless, in terms of the Electoral Law, he possesses the qualifications and none of the disqualifications for election as a senator.
(3) Before a person who has been elected as the President of the Senate enters upon the duties of his office, he shall, unless he has already done so in accordance with the provisions of section _____, take and subscribe before the Senate the oath of loyalty in the form set out in the First Schedule.
[edit] Tenure of office of President of Senate
6. (1) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Parliament.
(2) The President of the Senate shall vacate his office ―
(a) on the dissolution of Parliament next following his election; or
(b) if he becomes a Minister or a Deputy Minister; or
(c) if he is elected or appointed as a senator; or
(d) if he is elected as a member of the House of Assembly or as the Speaker; or
(e) if any circumstances arise that, if he had been a senator ―
(i) the provisions of paragraph (e), (f) or (g) of subsection (1) of section _____ would apply to him and his seat as a senator would become vacant; or
(ii) he would be required, by virtue of the provisions of section _____, to cease to exercise any of his functions as a senator.
(3) The office of the President of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the President of the Senate shall become vacant.
[edit] Election of Deputy President of Senate
7. (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section five, the Senate shall elect a senator, not being a Minister or a Deputy Minister, to be the Deputy President of the Senate and to be chairman when the Senate is in Committee and, whenever the office of the Deputy President of the Senate becomes vacant otherwise than by reason of a dissolution of Parliament, the Senate shall as soon as convenient elect another such senator to that office.
(2) The Deputy President of the Senate shall be elected in accordance with the Standing Orders.
(3) The Deputy President may at any time resign his office by notice in writing to the Secretary to Parliament and shall vacate his office ―
(a) if he ceases to be a senator; or
(b) if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a senator; or
(c) if he becomes a Minister or a Deputy Minister.
[edit] Dissolution of the Senate and vacation of seats by nominated senators in certain circumstances
8. (1) Notwithstanding anything contained in this Constitution or any other law the State President may ―
(a) at any time by proclamation in the Gazette dissolve the Senate simultaneously with the House of Assembly;
(b) dissolve the Senate at any time within one hundred and twenty days of any dissolution of the House of Assembly or the expiry of the term of office of a provincial council under section _____.
(2) Upon any such dissolution of the Senate all the members of the Senate shall vacate their seats.
(3) Any senator nominated in terms of section one of this Constitution shall, subject to the provisions of this Constitution and any other law, vacate his seat if the Prime Minister vacates his office and another person becomes Prime Minister and the State President publishes a notice in the Gazette that a change of Government has occurred.
