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Section 94-105 of the Nigerian Constitution 1999

Preamble to the Constitution Section 1 – Supremacy of constitution Section 2 – The Federal Republic of Nigeria Section 3 – States of the Federation and the Federal Capital Territory, Abuja Section 4 – Legislative powers Section 5 – Executive powers Section 6 – Judicial powers Section 7 – Local government system Section 8 – New states and boundary adjustment, etc. Section 9 – Mode of altering provisions of the constitution Section 10 – Prohibition of State Religion Section 11 – Public order and public security Section 12 – Implementation of treaties Section 13-24 – Chapter II [Fundamental Objectives and directive Principles of State Policy] Section 25-32 – Chapter III [Citizenship] Section 33 – Right to life Section 34 – Right to dignity of human persons Section 35 – Right to personal liberty Section 36 – Right to fair hearing Section 37 – Right to private and family life Section 38 – Right to freedom of thought, conscience and religion Section 39 – Right to freedom of expression and the press Section 40 – Right to peaceful assembly and association Section 41 – Right to freedom of movement Section 42 – Right to freedom from discrimination Section 43 – Right to acquire and own immovable property Section 44 – Compulsory acquisition of property Section 45 – Restriction on and derogation from fundamental human rights Section 46 – Special jurisdiction of High Court and Legal aid Section 47-51 [Part I – National Assembly (A – Composition and Staff of National Assembly)] Section 52-64 (B – Procedure for Summoning and Dissolution of National Assembly) Section 65-70 (C – Qualifications for Membership of National Assembly and Right of Attendance) Section 71-79 (D – Elections to National Assembly) Section 80-89 (E – Powers and Control over Public Funds) Section 90-93 [Part II – House of Assembly of a State (A – Composition and Staff of House of Assembly)] Section 94-105 (B – Procedure for Summoning and Dissolution of House of Assembly) Section 106-111 (C – Qualification for Membership of House of Assembly and Right of Attendance) Section 112-119 (D – Elections to a House of Assembly) Section 120-129 (E – Powers and control over Public Funds) Section 130-152 [Part I – Federal Executive (A – The President of the Federation)] Section 153-161 (B – Establishment of Certain Federal Executive Bodies) Section 162-168 (C – Public Revenue) Section 169-175 (D – The Public Service of the Federation) Section 176-196 [Part II – State Executive (A – The Governor of a State)] Section 197-205 (B – Establishment of Certain State Executive Bodies) Section 206-212 (C – The Public Service of State) Section 213 [Part III – Supplemental (A – National Population Census)] Section 214-216 (B – Nigeria Police Force) Section 217-220 (C – Armed Forces of the Federation) Section 221-229 (D – Political Parties) Section 230-236 [Part I – Federal Courts (A – The Supreme Court of Nigeria)] Section 237-248 (B – The Court of Appeal) Section 249-254 (C – The Federal High Court) Section 255-259 (D – The High Court of the Federal Capital Territory, Abuja) Section 260-264 (E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja) Section 265-269 (F – The Customary Court of appeal of the Federal Capital Territory, Abuja) Section 270-274 [Part II – State Courts (A – High Court of a State)] Section 275-279 (B – Sharia Court of Appeal of a State) Section 280-284 (C – Customary Court of Appeal of a State) Section 285 [Part III – Election Tribunals] Section 286-296 [Part IV – Supplemental] Section 297-304 [Part I – Federal Capital Territory, Abuja] Section 305-308 [Part II – Miscellaneous Provisions] Section 309-317 [Part III – Transitional Provisions and Savings] Section 318-320 [Part IV – Interpretation, Citation and Commencement] First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule

Section 94-105 of the Nigerian Constitution

Section 95 to 105 of the constitution of Nigeria is titled Procedure for Summoning and Dissolution of House of Asssembly. It is B under Part II (House of Assembly of a State) of Chapter V (The Legislature) of the constitution.

Section 94 of the Nigerian Constitution 1999

Declaration of assets and liabilities; oaths of members

(1) Every person elected to a House of Assembly shall before taking his seat in that House, declare his assets and
liabilities in the manner prescribed in this Constitution and subsequently take and subscribe before the Speaker of
the House, the Oath of Allegiance and oath of membership prescribed in the Seventh Schedule to this Constitution,
but a member may, before taking the oaths, take part in the election of the Speaker and Deputy Speaker of the House
of Assembly.
(2) The Speaker and Deputy Speaker of a House of Assembly shall declare their assets and liabilities in the manner
prescribed by this Constitution and subsequently take and subscribe to the Oath of Allegiance and the oath of
membership prescribed as aforesaid before the Clerk of the House of Assembly.

See also  Section 45 of the Nigerian Constitution 1999

Section 95 of the Nigerian Constitution 1999

Presiding at sittings

(1) At any sitting of a House of Assembly, the Speaker of that House shall preside, and in his absence the
Deputy Speaker shall preside.
(2) In the absence of the Speaker and Deputy Speaker of the House, such member of the House as the House may
elect for a purpose shall preside.

Section 96 of the Nigerian Constitution 1999

Quorum

(1) The quorum of a House of Assembly shall be one-third of all the members of the House.
(2) If objection is taken by any member of a House of Assembly present that there are present in that House (besides
the person presiding) fewer than one-third of all the members of that House and that it is not competent for the
House to transact business, and after such interval as may be prescribed in the rules of procedure of the House, the
person presiding ascertains that the number of members present is still less than one-third of all the members of the
House, he shall adjourn the House.

Section 97 of the Nigerian Constitution 1999

Languages

The business of a House of Assembly shall be conducted in English, but the House may in addition to English
conduct the business of the House in one or more other languages spoken in the State as the House may by
resolution approve.

Section 98 of the Nigerian Constitution 1999

Voting

(1) Except as otherwise provided by this Constitution, any question proposed for decision in a House of
Assembly shall be determined by the required majority of the members present and voting; and the person presiding
shall cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case.
(2) Except as otherwise provided by this Constitution, the required majority for the purpose of determining any
question shall be a simple majority.
(3) A House of Assembly shall by its rules provide –
(a) that a member of the House shall declare any direct pecuniary interest he may have in any matter coming before
the House for deliberation;
(b) that the House may by resolution decide whether or not such member may vote or participate in its deliberations,
on such matter;
(c) the penalty, if any, which the House may impose for failure to declare any direct pecuniary interest such member
may have; and
(d) for such other matters pertaining to the foregoing as the House may think necessary, but nothing in this
subsection shall enable any rules to be made to require any member, who signifies his intention not to vote on or
participate in such matter, and who does not so vote or participate, to declare any such interest.

Section 99 of the Nigerian Constitution 1999

Unqualified person sitting or voting

Any person who sits or votes in a House of Assembly of a State knowing or having reasonable grounds for
knowing that he is not entitled to do so commits an offence and is liable on conviction to such punishment as shall
be prescribed by a Law of the House of Assembly.

See also  Section 106-111 of the Nigerian Constitution 1999

Section 100 of the Nigerian Constitution 1999

Mode of exercising legislative power of a state

(1) The power of a House of Assembly to make laws shall be exercised by bills passed by the House of
Assembly and, except as otherwise provided by this section, assented to by the Governor.
(2) A bill shall not become Law unless it has been duly passed and, subject to subsection (1) of this section, assented
to in accordance with the provisions of this section.
(3) Where a bill has been passed by the House of Assembly it shall be presented to the Governor for assent.
(4) Where a bill is presented to the Governor for assent he shall within thirty days thereof signify that he assents or
that he withholds assent.
(5) Where the Governor withholds assent and the bill is again passed by the House of Assembly by two-thirds
majority, the bill shall become law and the assent of the Governor shall not be required.

Section 101 of the Nigerian Constitution 1999

Regulation of procedure

Subject to the provisions of this Constitution, a House of Assembly shall have power to regulate its own
procedure, including the procedure for summoning and recess of the House.

Section 102 of the Nigerian Constitution 1999

Vacancy or participation of strangers not to invalidate proceedings.

A House of Assembly may act notwithstanding any vacancy in its membership, and the presence or
participation of any person not entitled to be present at or to participate in the proceedings of the House shall not
invalidate such proceedings.

See also  Section 120-129 of the Nigerian Constitution 1999

Section 103 of the Nigerian Constitution 1999

Committees

(1) A House of Assembly may appoint a committee of its members for any special or general purpose as in its
opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or
otherwise as it thinks fit delegate any functions exercisable by it to any such committee.
(2) The number of members of a committee appointed under this section, their term of office and quorum shall be
fixed by the House of Assembly.
(3) Nothing in this section shall be construed as authorising a House of Assembly to delegate to a committee the
power to decide whether a bill shall be passed into Law or to determine any matter which it is empowered to
determine by resolution under the provisions of this Constitution, but such a committee of the House may be
authorised to make recommendations to the House on any such matter.

Section 104 of the Nigerian Constitution 1999

Sittings

A House of Assembly shall sit for a period of not less than one hundred and eighty-one days in a year.

Section 105 of the Nigerian Constitution 1999

Dissolution and issue of proclamation by Governor

(1) A House of Assembly shall stand dissolved at the expiration of a period of four years commencing from the
date of the first sitting of the House.
(2) If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that
it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years
mentioned in subsection (1) of this section from time to time but not beyond a period of six months at any one time.
(3) Subject to the provisions of this Constitution, the person elected as the Governor of a State shall have power to
issue a proclamation for the holding of the first session of the House of Assembly of the State concerned
immediately after his being sworn in, or for its dissolution as provided in this section.

Credit: https://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/files/assets/law-library-files/Nigeria_Constitution_1999_en.pdf

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