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Section 66 of the 1999 Constitution of Nigeria (Updated)

Section 66 of the 1999 Constitution of Nigeria

Section 66 of the Constitution of Nigeria 1999 is about Disqualifications. It is under Chapter V (The legislature) of the Act.

(1) No person shall be qualified for election to the Senate or the House of Representatives if-
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country;

(b) under any law in force in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind;

(c) he is under a sentence of death imposed on him by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever name called) or any other sentence imposed on him by such a court or tribunal or substituted by a competent
authority for any other sentence imposed on him by such a court;
(d) within a period of less than ten years before the date of an election to a legislative house, he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of the Code of Conduct;

(e) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria;
(f) he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment thirty days before the date of election;
(g) he is a member of a secret society;

[Section 66(1)(h) is deleted by the Constitution of Federal Republic of Nigeria (First Alteration Act) 2010]

See also  Section 63 Nigerian Electoral Act 2022

(i) he has presented a forged certificate to the Independent National Electoral Commission.

(2) Where in respect of any person who has been-
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt, any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of the section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

(3) For the purposes of subsection (2) of this section “appeal” includes any application for an injunction or an order certiorari, mandamus, prohibition or habeas corpus, or any appeal from any such application.


Credit: Policy and Legal Advocacy Centre (PLAC)

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