Nigeria (Constitution) (Amendment No. 2) Order in Council, 1957
| Jurisdiction | UK Non-devolved |
| Citation | SI 1957/1530 |
| Year | 1957 |
1957 No. 1530
The Nigeria (Constitution) (Amendment No. 2) Order in Council, 195723rdAugust 1957
29thAugust 1957
30thAugust 1957
At the Court at Balmoral, the 23rd day of August, 1957
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, 1957, and shall be construed as one with the Nigeria (Constitution) Orders in Council, 1954 to 1956(b).
(2) The Nigeria (Constitution) Orders in Council, 1954 to 1956, the Nigeria (Constitution) (Amendment) Order in Council, 1957(c), and this Order may be cited together as the Nigeria (Constitution) Orders in Council, 1954 to 1957.
(3) This Order shall come into operation on the thirtieth day of August, 1957.
Amendment of Order of 1954
2. Section 2 of the Nigeria (Constitution) Order in Council, 1954, (hereinafter called "the principal Order") is hereby amended—
(a) by the insertion in subsection (2) after paragraph (c) of the following paragraph:—
"(d) any reference to defence shall, without prejudice to its generality, be construed as including the organization, discipline, control and use of the armed forces of the Crown
(a) 53 & 54 Vict. c. 37.
(b) S.I. 1954/1146, 1955/432, 1956/836 (1954 II, p. 2829; 1955 II, p. 3163; 1956 II, p. 2953).
(c) S.I. 1957/1363 (p. 3028 above).
and the control and use of any establishments, installations and equipment pertaining thereto.";
(b) by the deletion from subsection (4) of all words in sub-paragraph (ii) of paragraph (a) after the words "the functions of that office" and the substitution of the words "and shall include, in the case of the Governor-General, the Deputy Governor-General, to the extent to which he is authorized to discharge the functions of the office of Governor-General, and, in the case of the Governor of a Region, the Deputy Governor of the Region, to the extent to which he is authorized to discharge the functions of the office of Governor";
(c) by the deletion from subsection (4) of the words "a public office" wherever they occur in paragraph (b) and the substitution of the words "an office of emolument under the Crown";
(d) by the insertion in subsection (4) before the word "shall" wherever it occurs in paragraph (c) of the words "as amended"; and
(e) by the deletion from subsection (4) of the words "Temporary Member of the Council of Ministers" in sub-paragraph (i) of paragraph (d); and
(f) by the deletion from subsection (4) of paragraph (e).
3. Section 4 of the principal Order is hereby amended—
(a) by the deletion from subsection (2) of the words "acting in his discretion" in paragraph (b); and
(b) by the insertion in subsection (2) after paragraph (c) of the following paragraph:—
"(d) In exercise of the powers conferred upon him by this subsection the Governor of the Northern Region shall act in his discretion".
4. Section 6 of the principal Order is hereby amended by the deletion of paragraph (b).
5. Section 7 of the principal Order is hereby amended—
(a) by the deletion from subsection (1) of the words "paragraphs (b), (c), (d) and (e)" in paragraph (a) and the substitution of the words "paragraphs (c), (d) and (e)"; and
(b) by the deletion from subsection (2) of the words "paragraphs (b), (c) and (d)" and the substitution of the words "paragraphs (c) and (d)".
6.—(1) Section 10 of the principal Order is hereby amended—
(a) by the deletion from subsection (1) of paragraph (d) and the substitution of the following paragraph:—
"(d) holds, or is acting in, any office of emolument under the Crown; or"; and
(b) by the insertion after subsection (2) of the following subsection:—
"(3) (a) For the purposes of subsection (1) of this section a person shall not be deemed to hold an office of emolument under the Crown by reason only that he is in receipt of a salary or other emoluments or any allowance in respect of his tenure of any office mentioned in paragraph (d) of subsection (4) of section 2 of this Order.
(b) If it is declared by any law enacted by the Federal Legislature that any office shall be deemed not to be an office of emolument under the Crown for the purposes of subsection (1) of this section, or that the person holding or acting in any office shall be deemed not to be a person holding or acting in an office of emolument under the Crown for those purposes, the provisions of that subsection shall have effect accordingly.
(c) For the purposes of subsection (1) of this section the office of any member of any body corporate incorporated directly by a law enacted by any legislature in Nigeria shall, save as otherwise provided in any law made under this subsection, be deemed to be an office under the Crown."
(2) Section 14 of the principal Order shall continue to apply in relation to a Representative Member of the House of Representatives who immediately before the commencement of this Order was holding or acting in an office of emolument under the Crown as if paragraph (e) of subsection (4) of section 2 of the principal Order had not been deleted by section 2 of this Order and as if section 10 of the principal Order had not been amended by subsection (1) of this section; but it shall only so apply to that member until such time as—
(a) the seat of that member in the House becomes vacant; or
(b) the subsisting appointment of that member to that office expires or is terminated,
whichever is the earlier.
7. Section 21 of the principal Order is hereby amended by the deletion from subsection (1) of paragraph (a) and the substitution of the following paragraph:—
"(a) the Attorney-General of the Northern Region;".
8.—(1) Section 39 of the principal Order is hereby amended—
(a) by the deletion from subsection (1) of paragraph (d) and the substitution of the following paragraph:—
"(d) holds, or is acting in, any office of emolument under the Crown; or"; and
(b) by the insertion after subsection (2) of the following sub-sections:—
"(3) (a) For the purposes of subsection (1) of this section a person shall not be deemed to hold an office of emolument under the Crown by reason only that he is in receipt of a salary or other emoluments or any allowance in respect of his tenure of any office mentioned in paragraph (d) of subsection (4) of section 2 of this Order.
(b) If it is declared by any law enacted by the Legislature of a Region or the Southern Cameroons that any office shall be deemed not to be an office of emolument under the Crown for the purposes of subsection (1) of this section, or that the person holding or acting in any office shall be deemed not to be a person holding or acting in an office of emolument under the Crown for those purposes, the provisions of that subsection shall have effect accordingly in their application to the House of Assembly of the Region or the House of Assembly of the Southern Cameroons, as the case may be.
(c) For the purposes of subsection (1) of this section the office of any member of any body corporate incorporated directly by a law enacted by any legislature in Nigeria shall, save as otherwise provided in any law made under this subsection, be deemed to be an office under the Crown."
(2) Section 47 of the principal Order shall continue to apply in relation to an Elected Member of the House of Assembly of a Region or the Southern Cameroons who immediately before the commencement of this Order was holding or acting in an office of emolument under the Crown as if paragraph (e) of subsection (4) of section 2 of the principal Order had not been deleted by section 2 of this Order and as if section 39 of the principal Order had not been amended by subsection (1) of this section; but it shall only so apply to that member until such time as—
(a) the seat of that member in the House becomes vacant; or
(b) the subsisting appointment of that member to that office expires or is terminated,
whichever is the earlier.
9. Section 40 of the principal Order is hereby amended—
(a) by the deletion from subsection (1) of the words "an Official Member of the Northern House of Assembly who has been appointed to that House by name or" and of paragraph (i) of the proviso; and
(b) by the deletion from subsection (4) of the words "Official or" wherever they occur in paragraph (a) and the words "Official Member or" in paragraph (b).
10. Section 41 of the principal Order is hereby amended by the deletion from subsection (1) of the words "an Official Member of the Northern House of Assembly who has been appointed to that House by name, or" and the words "or, in the case of an Official Member of the Northern House of Assembly, because he is administering the government of the Northern Region".
11. Section 42 of the principal Order is hereby revoked.
12. The principal Order is hereby amended by the insertion after section 56 of the following sections:—
"Electricity and gas.
56A.—(1) Subject to the provisions of this section, a law enacted by the Federal Legislature may make provision with respect to electricity or gas in relation to any Region or the Southern Cameroons.
(2) Save to the extent that it may be authorised in that behalf by a law enacted in pursuance of section 52 of this Order, the Federal Legislature shall not make a law in pursuance of subsection (1) of this section that—
(a) prohibits or restricts the establishment by or on behalf of the Government of a Region or the Southern Cameroons of an agency for the manufacture, distribution or supply of electricity or gas in that Region or the Southern Cameroons, as the case may be; or
(b) regulates the production, distribution or supply of electricity or gas by the Government of a Region or the Southern Cameroons or any such agency.
(3) In this...
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