Nigeria (Constitution) (Amendment No. 2) Order in Council, 1958
| Jurisdiction | UK Non-devolved |
1958 No. 1257
The Nigeria (Constitution) (Amendment No. 2) Order in Council, 195830thJuly 1958
7thAugust 1958
8thAugust 1958
At the Court at Buckingham Palace, the 30th day of July, 1958
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, 1958, and shall be construed as one with the Nigeria (Constitution) Orders in Council, 1954 to 1957(b), and the Nigeria (Constitution) (Amendment) Order in Council, 1958(c).
(2) The Nigeria (Constitution) Orders in Council, 1954 to 1957, the Nigeria (Constitution) (Amendment) Order in Council, 1958, and this Order may be cited together as the Nigeria (Constitution) Orders in Council, 1954 to 1958.
(a) 53 & 54 Vict. c. 37.
(b) S.I. 1954/1146, 1955/432, 1956/836, 1957/1363, 1530 (1954 II, p. 2829; 1955 II, p. 3163; 1956 II, p. 2953; 1957 II, pp. 3028, 3030).
(c) S.I. 1958/429 (Pt. II, p. 2757, of this volume).
(3) Section 1 of the Nigeria (Constitution) (Amendment) Order in Council, 1958, is amended by the deletion of subsection (2).
(4) This Order shall come into operation on the eighth day of August, 1958:
Provided that—
(a) sections 9, 13, 15, 16, 17, 18, 21, 37, 41, 42 and 43 shall be deemed to have come into operation on the first day of April, 1958; and
(b) sections 20, 22, 23, 24, 27, 28, 39 and 40 shall come into operation on a date to be fixed by the Governor-General, acting in his discretion, by Proclamation published in the Official Gazette of the Federation.
Amendment of Order of 1954
2. Section 7 of the Nigeria (Constitution) Order in Council, 1954(a), (hereinafter called "the principal Order") (as amended by section 5 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1957(b)) is amended—
(a) by the insertion in subsection (4) after paragraph (a) of the proviso of the following paragraph:—
"(aa) when, after any dissolution of the House of Representatives, he is informed by the Governor-General that the Governor-General is about to re-appoint him as Deputy Speaker or to appoint another person as Deputy Speaker; or"; and
(b) by the insertion in subsection (4) after the words "House of Representatives" in paragraph (b) of the proviso of the words "for any reason other than a dissolution of that House".
3. Section 20 of the principal Order (as set out in section 8 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) is amended by the insertion in subsection (2) after paragraphs (a), (b) and (c) of the proviso of the word "or".
4. Section 23 of the principal Order (as amended by section 10 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) is amended—
(a) by the insertion in subsection (3) after paragraph (a) of the proviso of the following paragraphs:—
"(aa) in the case of a person appointed Speaker in pursuance of paragraph (a) of subsection (1) of this section, when, after any dissolution of the Northern House of Assembly, he is informed by the Governor that the Governor is about to re-appoint him as Speaker or to appoint another person as Speaker; or
(aaa) in the case of the Deputy Speaker, when, after any dissolution of the Northern House of Assembly, he is informed by the Governor that the Governor is about to re-appoint him as Deputy Speaker or to appoint another person as Deputy Speaker; or";
and
(b) by the insertion in subsection (3) after the words "Northern House of Assembly" in sub-paragraph (i) of paragraph (c) of the words "for any reason other than a dissolution of that House".
(a) S.I. 1954/1146 (1954 II, p. 2829).
(b) S.I. 1957/1530 (1957 II, p. 3030).
5. Section 28 of the principal Order (as amended by section 11 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) is amended—
(a) by the deletion from subsection (3) of the words "by reason of a dissolution of the Western House of Chiefs" and the substitution of the words "when the Western House of Chiefs first sits after any dissolution thereof"; and
(b) by the deletion from subsection (4) of paragraph (a) and the substitution of the following paragraph:—
"(a) when the House first sits after any dissolution thereof; or".
6. Section 31 of the principal Order (as amended by section 14 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) is amended—
(a) by the deletion from subsection (3) of the words "by reason of a dissolution of the Western House of Assembly" and the substitution of the words "when the Western House of Assembly first sits after any dissolution thereof"; and
(b) by the deletion from subsection (4) of paragraph (a) and the substitution of the following paragraph:—
"(a) when the House first sits after any dissolution thereof; or".
7. Section 32 of the principal Order is amended by the deletion from subsection (2) of the word "appointed" and the substitution of the word "elected".
8. Section 33 of the principal Order is revoked and the following section is substituted:—
"Speaker and Deputy Speaker of Eastern House of Assembly.
33.—(1) When the Eastern House of Assembly 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 Speaker of the House—
(a) a member of the House; or
(b) a person who is not a member of the House.
(2) When the Eastern House of Assembly first sits after any dissolution of the House, and before it proceeds to the despatch of any other business except the election of a Speaker, the members thereof shall elect to be Deputy Speaker of the House one of the members of the House.
(3) As often as the office of the Speaker or the Deputy Speaker falls vacant otherwise than when the Eastern House of Assembly first sits after any dissolution thereof, the members of that House shall as soon as practicable elect a person to that office in like manner as is provided in subsection (1) or subsection (2) of this section, as the case may be.
(4) The office of the Speaker or the Deputy Speaker of the Eastern House of Assembly shall become vacant—
(a) when the House first sits after any dissolution thereof; or
(b) if he resigns his office by writing under his hand addressed to the House; or
(c) in the case of a person elected as Speaker in pursuance of paragraph (a) of subsection (1) of this section or in the case of a person elected as Deputy Speaker, if—
(i) he ceases to be a member of the House otherwise than by reason of a dissolution thereof; or
(ii) if he becomes a Regional Minister, Attorney-General of the Eastern Region or a Parliamentary Secretary to a Regional Minister."
9. Section 34 of the principal Order (as amended by section 17 of the Nigeria (Constitution)...
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