Section 106-111 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 106-111 of the Nigerian Constitution 1999

Section 106 to 111 of the constitution of Nigeria is titled Qualification of Membership of House of Assembly and Right of Attendance. It is C under Part II (House of Assembly of a State) of Chapter V (The Legislature) of the constitution.

Section 106 of the Nigerian Constitution 1999

Qualifications for election

Subject to the provisions of section 107 of this Constitution, a person shall be qualified for election as a
member of a House of Assembly if –
(a) he is a citizen of Nigeria;
(b) he has attained the age of thirty years;
(c) he has been educated up to at least the School Certificate level or its equivalent; and
(d) he is a member of a political party and is sponsored by that party.

Section 107 of the Nigerian Constitution 1999

Disqualifications

(1) No person shall be qualified for election to a House of Assembly 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 offence imposed on him by such a court or tribunal substituted by a competent authority for any other sentence
imposed on him by such a court or tribunal;
(d) within a period of less than ten years before the date of an election to the House of Assembly, 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 he has not resigned,
withdrawn or retired from such employment thirty days before the date of election;
(g) he is a member of any secret society;
(h) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel
of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by
the Federal and State Government which indictment has been accepted by the Federal or State Government,
respectively; or
(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 this 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, an “appeal” includes any application for an injunction or an
order of certiorari, mandamus, prohibition or habeas corpus, or any appeal from any such application.

Section 108 of the Nigerian Constitution 1999

Right of attendance of President

(1) The Governor of a State may attend a meeting of a House of Assembly of the State either to deliver an
address on State affairs or to make such statement on the policy of government as he may consider to be of
importance to the State.
(2) A Commissioner of the Government of a State shall attend the House of Assembly of the State if invited to
explain to the House of Assembly the conduct of his Ministry, and in particular when the affairs of that Ministry are
under discussion.
(3) Nothing in this section shall enable any person who is not a member of a House of Assembly to vote in that
House or in any of its committees.

See also  Section 43 of the Nigerian constitution 1999

Section 109 of the Nigerian Constitution 1999

Tenure of Seat of Members

(1) A member of a House of Assembly shall vacate his seat in the House if –
(a) he becomes a member of another legislative house;
(b) any other circumstances arise that, if he were not a member of that House, would cause him to be disqualified for
election as such a member;
(c) he ceases to be a citizen of Nigeria;
(d) he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the
Federation or a Commissioner of the Government of a State or a Special Adviser;
(e) save as otherwise prescribed by this Constitution, he becomes a member of a commission or other body
established by this Constitution or by any other law;
(f) without just cause he is absent from meetings of the House of Assembly for a period amounting in the aggregate
to more than one-third of the total number of days during which the House meets in any one year;
(g) being a person whose election to the House of Assembly was sponsored by a political party, he becomes a
member of another political party before the expiration of the period for which that House was elected:
Provided that his membership of the latter political party is not as a result of a division in the political party of which
he was previously a member or of a merger of two or more political parties or factions by one of which he was
previously sponsored; or
(h) the Speaker of the House of Assembly receives a certificate under the hand of the Chairman of the Independent
National Electoral Commission stating that the provisions of section 110 of this Constitution have been complied
with in respect of the recall of the member.
(2) The Speaker of the House of Assembly shall give effect to subsection (1) of this section, so however that the
Speaker or a member shall first present evidence satisfactory to the House that any of the provisions of that
subsection has become applicable in respect of the member.
(3) A member of a House of Assembly shall be deemed to be absent without just cause from a meeting of the House
of Assembly unless the person presiding certifies in writing that he is satisfied that the absence of the member from
the meeting was for a just cause.

See also  Section 94-105 of the Nigerian Constitution 1999

Section 110 of the Nigerian Constitution 1999

Recall

A member of the House of Assembly may be recalled as such a member if –
(a) there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf
signed by more than one-half of the persons registered to vote in that members’s constituency alleging their loss of
confidence in that member; and
(b) the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within
ninety days of the date of the receipt of the petition, approved by a simple majority of the votes of the persons
registered to vote in that member’s constituency.

Section 111 of the Nigerian Constitution 1999

Remuneration

A member of the House of Assembly shall receive such salary and other allowances as the Revenue
Mobilisation Allocation and Fiscal Commission may determine.

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

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