Nigeria (Constitution) (Amendment No. 3) Order in Council, 1959
| Jurisdiction | UK Non-devolved |
1959 No. 1772
The Nigeria (Constitution) (Amendment No. 3) Order in Council, 195919thOctober 1959
23rdOctober 1959
24thOctober 1959
At the Court at Buckingham Palace, the 19th day of October, 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. 3) Order in Council, 1959, and shall be construed as one with the Nigeria (Constitution) Orders in Council, 1954 to 1958(b), the Nigeria (Constitution) (Amendment) Order in Council, 1959(c), and the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1959(d).
(2) The Nigeria (Constitution) Orders in Council, 1954 to 1958, the Nigeria (Constitution) (Amendment) Order in Council, 1959, the Nigeria (Constitution) (Amendment No. 2) 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 No. 2) Order in Council, 1959, is amended by the deletion of subsection (2).
(4) This Order shall come into operation on the twenty-fourth day of October, 1959:
Provided that—
(a) sections 2, 4, 5 to 16, 24, 25, 27, 29 to 38, subsection (1) of section 39, 40 to 53, 62, 64, 66, 67 and 72 shall come into operation immediately after the next dissolution of the House of Representatives after that date;
(b) section 18 shall come into operation immediately after the next dissolution of the Legislative Houses of the Western Region after that date;
(c) section 21 shall come into operation immediately after the next dissolution of the Legislative Houses of the Eastern Region after that date;
(d) section 19 shall be deemed to have come into operation on the twentieth day of June, 1959; and
(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.).
(d) S.I. 1959/1049 (Pt. II, p. 3215, of this vol.).
(e) subsection (2) of section 3 and sections 20, 54, 55 and 65 shall be deemed to have come into operation on the first day of April, 1959.
Revocation
2. The Nigeria (Electoral Provisions) Order in Council, 1958(a), is revoked.
Amendment of Order of 1954
3.—(1) Section 2 of the Nigeria (Constitution) Order in Council, 1954(b), (hereinafter called "the principal Order") (as amended by section 2 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1957(c), subsection (1) of section 3 of the Nigeria (Constitution) (Amendment) Order in Council, 1958(d), section 2 of the Nigeria (Constitution) (Amendment No. 3) Order in Council, 1958(e), subsection (1) of section 2 of the Nigeria (Constitution) (Amendment No. 4) Order in Council, 1958(f), section 2 of the Nigeria (Constitution) (Amendment) Order in Council, 1959, and section 2 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1959) is amended—
(a) by the insertion in subsection (1) after the definition of "Exclusive Legislative List" of the following definition—
'"Federal Legislative House" means the Senate or the House of Representatives;';
(b) by the deletion from subsection (1) of the words "House of Representatives," in the definition of "Legislative House" and the substitution of the words "a Federal Legislative House";
(c) by the insertion in subsection (2) after paragraph (a) of the following paragraphs:—
"(b) references to the territorial waters of Nigeria or the territorial waters of a Region, the Southern Cameroons or Lagos, as the case may be are references to such parts of the sea adjacent to Nigeria as are declared by the Governor-General, acting in his discretion, to constitute such territorial waters;
(c) references to Nigeria or to a Region or the Southern Cameroons or Lagos include references to the internal and territorial waters thereof;
(d) references to the continental shelf of Nigeria are references to such parts of the continental shelf of Africa as appertain to Nigeria under international law; and
(e) references to the continental shelf of a Region or the Southern Cameroons or Lagos are references to such parts of the continental shelf of Nigeria as would appertain thereto under international law if each Region, the Southern Cameroons and Lagos were separate states."; and
(d) by the deletion from subsection (4) of the words "member of the House of Representatives" in sub-paragraph (iii) of paragraph (b) and the substitution of the words "member of a Federal Legislative House".
(2) Section 2 of the principal Order is further amended by the insertion in subsection (4) after the words "Northern Region" in sub-paragraph (iv) of the words "and any offices to which section 180K of this Order applies".
(a) S.I. 1958/915 (1958 II, p. 2829).
(b) S.I. 1954/1146 (1954 II, p. 2829).
(c) S.I. 1957/1530 (1957 II, p. 3030).
(d) S.I. 1958/429 (1958 II, p. 2757).
(e) S.I. 1958/1522 (1958 II, p. 2822).
(f) S.I. 1958/1958 (1958 II, p. 2825).
4. Section 4 of the principal Order (as amended by section 3 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1957, and section 3 of the Nigeria (Constitution) (Amendment) Order in Council, 1959) is amended by the deletion from subsection (1) of paragraph (a) and the proviso to paragraph (b).
5. Section 5 of the principal Order is amended by the deletion of subsection (1) and the substitution of the following subsection:—
"(1) There shall be, for the Federation, two Legislative Houses, which shall be styled respectively the Senate and the House of Representatives".
6.—(1) The principal Order is amended by the insertion after section 5 of the following sections:—
"Composition of Senate.
5A.—(1) The members of the Senate shall be—
(a) forty-eight Senators, of whom twelve shall be appointed in accordance with subsection (1) of section 5C of this Order to represent each Region and twelve shall be appointed in accordance with subsection (2) of that section to represent the Southern Cameroons;
(b) two Senators who are Chiefs from Lagos, namely—
(i) the Oba of Lagos; and
(ii) a Chief elected from among their own number by the White Cap Chiefs and War Chiefs of Lagos in accordance with regulations made by the Governor-General;
(c) two Senators appointed in accordance with sub-section (3) of section 5C of this Order to represent Lagos;
(d) four Senators appointed by the Governor-General, acting in his discretion, by Instrument under the Public Seal; and
(e) those members of the Council of Ministers who have been appointed as such from among the members of the House of Representatives.
(2) A person appointed President of the Senate in pursuance of paragraph (b) of subsection (1) of section 5B of this Order shall be deemed to be a member of the Senate.
President and Deputy President of Senate.
5B.—(1) When the Senate first sits after any dissolution thereof, and before it proceeds to the despatch of any other business, the members thereof shall elect to be President of the Senate—
(a) one of the members of the Senate mentioned in paragraphs (a), (b), (c) and (d) of subsection (1) of section 5A of this Order; or
(b) a person who is not a member of the Senate.
(2) When the Senate first sits after any dissolution thereof, 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 Senate one of the members of the Senate mentioned in paragraphs (a), (b), (c) and (d) of subsection (1) of section 5A of this Order.
(3) As often as the office of President or Deputy President falls vacant otherwise than when the Senate first sits after a dissolution thereof, the members shall as soon as practicable elect a person to that office in like manner as is provided in subsection (1) or (2) of this section, as the case may be.
(4) The office of the President or the Deputy President of the Senate shall become vacant—
(a) when the Senate first sits after any dissolution thereof; or
(b) if he resigns his office by writing under his hand addressed to the Senate; 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 Senate otherwise than by reason of a dissolution thereof; or
(ii) he becomes a Minister or a Parliamentary Secretary to a Minister.
Appointment of Senators to represent Regions, the Southern Cameroons and Lagos.
5C.—(1) Senators representing a Region shall be appointed by the Governor by Instrument under the Public Seal from among persons who have been selected for that purpose in accordance with regulations made by the Governor and whose selection has been approved by a resolution passed by a joint sitting of the Legislative Houses of the Region in accordance with such Standing Orders as the Governor may make in that behalf.
(2) Senators representing the Southern Cameroons shall be appointed by the Commissioner of the Cameroons by writing under his hand from among persons who have been selected for that purpose in accordance with regulations made by the Commissioner and whose selection has been approved by a resolution of the House of Assembly of the Southern Cameroons.
(3) Senators representing Lagos shall be appointed by the Governor-General by Instrument under the Public Seal from among persons selected for that purpose in accordance with regulations made by the Governor-General and in the making of such appointments the Governor-General shall have regard to the composition of the Lagos Town Council.
...
To continue reading
Request your trial