Nigeria (Constitution) (Amendment No. 2) Order in Council, 1959
| Jurisdiction | UK Non-devolved |
| Citation | SI 1959/1049 |
| Year | 1959 |
1959 No. 1049
The Nigeria (Constitution) (Amendment No. 2) Order in Council, 195915thJune 1959
19thJune 1959
20thJune 1959
At the Court at Buckingham Palace, the 15th day of June, 1959
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act, 1890(a), or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, construction and commencement
1.—(1) This Order may be cited as the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1959, and shall be construed as one with the Nigeria (Constitution) Orders in Council, 1954 to 1958(b), and the Nigeria (Constitution) (Amendment) Order in Council, 1959(c).
(2) The Nigeria (Constitution) Orders in Council, 1954 to 1958, the Nigeria (Constitution) (Amendment) Order in Council, 1959, and this Order may be cited together as the Nigeria (Constitution) Orders in Council, 1954 to 1959.
(3) Section 1 of the Nigeria (Constitution) (Amendment) Order in Council, 1959, is amended by the deletion of subsection (2).
(4) This Order shall come into operation on the twentieth day of June, 1959:
Provided that section 24 shall be deemed to have come into operation on the fifteenth day of March, 1959.
Amendment of Order of 1954
2. Section 2 of the Nigeria (Constitution) Order in Council, 1954, (hereinafter called "the principal Order") (as amended by section 2 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1957 subsection (1) of section 3 of the Nigeria (Constitution) (Amendment) Order in Council, 1958, section 2 of the Nigeria (Constitution) (Amendment No. 3) Order in Council, 1958, subsection (1) of section 2 of the Nigeria (Constitution) (Amendment No. 4) Order in Council, 1958 and section 2 of the Nigeria (Constitution) (Amendment) Order in Council, 1959) is amended—
(a) by the deletion from subsection (1) of the words "or the Eastern House of Assembly" in the definition of "Regional Legislative
(a) 53 & 54 Vict. c. 37.
(b) S.I. 1954/1146, 1955/432, 1956/836, 1957/1363, 1530, 1958/429, 1257, 1522, 1958 (1954 II, p. 2829; 1955 II, p. 3163; 1956 II, p. 2953; 1957 II, pp. 3028, 3030; 1958 II, pp. 2757, 2811, 2822, 2825).
(c) S.I. 1959/368 (Pt. II, p. 3195, of this vol.).
House" and the substitution of the words "the Eastern House of Chiefs or the Eastern House of Assembly";
(b) by the deletion from subsection (2) of paragraph (b) and paragraph (c);
(c) by the deletion from subsection (4) of the word "and" after the words "High Court of the Southern Cameroons" in sub-paragraph (iv) of paragraph (a); and
(d) by the insertion in subsection (4) after the words "as the case may be" in sub-paragraph (iv) of paragraph (a) of the words "and references to the offices of members of the Nigeria Police Force".
3. Section 5 of the principal Order is amended by the deletion of subsection (4) and the substitution of the following subsection:—
"(4) There shall be, for the Eastern Region, two Legislative Houses, which shall be styled, respectively, the Eastern House of Chiefs and the Eastern House of Assembly."
4. Section 10 of the principal Order (as amended by subsection (1) of section 6 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1957, and subsection (1) of section 4 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) is amended by the insertion in subsection (1) after the words "Northern House of Chiefs" in paragraph (f) of the words "or the Eastern House of Chiefs".
5. Section 29 of the principal Order (as amended by section 12 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) is amended by the deletion from subsection (1) of the words "members of the Western House of Chiefs" in paragraph (b) and the substitution of the words "not Elected Members of the House".
6.—(1) The principal Order is amended by the insertion after section 31 of the following sections:—
Composition of Eastern House of Chiefs.
31A.—(1) The members of the Eastern House of Chiefs shall be—
(a) all first-class Chiefs;
(b) fifty-five Chiefs, other than first-class Chiefs, selected for membership of the House in accordance with regulations made under section 31B of this Order;
(c) those members of the Executive Council who are Elected Members of the Eastern House of Assembly;
(d) Such Special Members as may be appointed in accordance with section 31C of this Order; and
(e) such Temporary Members as may be appointed in accordance with section 40 of this Order.
(2) For the purposes of this section—
"Chief" means any person who is for the time being recognised as a Chief under the Recognition of Chiefs Law, 1956(a), as from time to time amended, or any Law replacing that Law.
"first-class Chief" means any traditional Ruler mentioned in section 4 of the Classification of Chiefs
(a) Law No. 19 of 1956 of the Eastern Region.
Law, 1959(a), and any Chief who is the representative of any Province of the Eastern Region by virtue of the provisions of that Law, as from time to time amended, or any Law replacing that Law.
(3) A person elected as President of the Eastern House of Chiefs in pursuance of paragraph (b) of subsection (1) of section 31D of this Order shall be deemed to be a member of the House.
Selection of Chiefs as members of Eastern House of Chiefs.
31B. Subject to the provisions of this Order, the Governor may by regulation—
(a) make provision for the selection of Chiefs, other than first-class Chiefs, to be members of the Eastern House of Chiefs in accordance with section 31A of this Order;
(b) prescribe qualifications for selection as aforesaid;
(c) prescribe conditions on which any person as aforesaid shall hold his seat in the Eastern House of Chiefs.
Special Members of Eastern House of Chiefs.
31C. The Governor, acting on the recommendation of the Premier of the Eastern Region, may, by Instrument under the Public Seal, appoint persons (whether or not those persons are for the time being recognised as Chiefs under the Recognition of Chiefs Law, 1956, as from time to time amended) to be Special Members of the Eastern House of Chiefs if he considers that they possess qualifications enabling them to make a particular contribution to the work of the House:
Provided that the number of such members shall not at any time exceed five.
President and Deputy President of Eastern House of Chiefs.
31D.—(1) When the Eastern House of Chiefs first sits after any dissolution of the House, and before it proceeds to the despatch of any other business, the members thereof shall elect to be President of the House—
(a) one of the members of the House mentioned in paragraphs (a), (b) and (d) of subsection (1) of section 31A of this Order; or
(b) a person who is not a member of the House.
(2) When the Eastern House of Chiefs first sits after any dissolution of the House, and before it proceeds to the despatch of any other business except the election of a President, the members thereof shall elect to be Deputy President of the House one of the members of the House mentioned in paragraphs (a), (b) and (d) of subsection (1) of section 31A of this Order.
(3) As often as the office of the President or the Deputy President falls vacant otherwise than when the Eastern House of Chiefs first sits after any dissolution thereof, the members of the House shall as soon as is practicable elect a person to that office in like manner as is provided in subsection (1) or subsection (2) of this section.
(4) The offices of the President or the Deputy President of the Eastern House of Chiefs shall become vacant—
(a) when the House first sits after any dissolution thereof; or
(a) Law No. 14 of 1959 of the Eastern Region.
(b) if he resigns his office by writing under his hand addressed to the House; or
(c) in the case of a person elected to be President in pursuance of paragraph (a) of subsection (1) of this section or in the case of a person elected as Deputy President, if—
(i) he ceases to be a member of the House otherwise than by reason of a dissolution thereof; or
(ii) he becomes a Regional Minister, Attorney-General of the Eastern Region or a Parliamentary Secretary to a Regional Minister.'
(2) When the Eastern House of Chiefs first meets after the commencement of this Order, the Governor shall appoint a person qualified for election as President of the House under subsection (1) of section 31D of the principal Order (as amended) to be President of that House, and the provisions of the principal Order shall apply in relation to the person so appointed as if he had been elected as President under that subsection.
7. Section 32 of the principal Order (as amended by section 7 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1958) is amended—
(a) by the deletion of subsection (1) and the substitution of the following subsection:—
"(1) The members of the Eastern House of Assembly shall be—
(a) eighty-four Elected Members elected in accordance with regulations made under section 37...
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