Nigeria (Constitution) (Amendment) Order in Council, 1959
| Jurisdiction | UK Non-devolved |
| Citation | SI 1959/368 |
| Year | 1959 |
1959 No. 368
The Nigeria (Constitution) (Amendment) Order in Council, 195911thMarch 1959
11thMarch 1959
15thMarch 1959
At the Court at Buckingham Palace, the 11th day of March, 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) Order in Council, 1959, and shall be construed as one with the Nigeria (Constitution) Orders in Council, 1954 to 1958(b).
(2) The Nigeria (Constitution) Orders in Council, 1954 to 1958, and this Order may be cited together as the Nigeria (Constitution) Orders in Council, 1954 to 1959.
(3) This Order shall 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(c), (hereinafter called "the principal Order") (as amended by section 2 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1957(d), subsection (1) of section 3 of the Nigeria (Constitution) (Amendment) Order in Council, 1958(e), section 2 of the Nigeria (Constitution) (Amendment No. 3) Order in Council, 1958(f), and subsection (1) of section 2 of the Nigeria (Constitution) (Amendment No. 4) Order in Council, 1958(g)) is amended by the insertion in subsection (1) after the definition of "oath of allegiance" of the following definition:—
'"produce" means such animal or vegetable products, whether processed or in a natural state, (other than tobacco, hides or skins) as the Governor-General may, after consultation with the Governors of the Regions and the Commissioner of the Cameroons, prescribe by Order published in the Gazette.'
3. Section 4 of the principal Order (as amended by section 3 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1957) is amended by the deletion from subsection (2) of paragraph (d).
(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. 1954/1146 (1954 II, p. 2829).
(d) S.I. 1957/1530 (1957 II, p. 3030).
(e) S.I. 1958/429 (1958 II, p. 2757).
(f) S.I. 1958/1522 (1958 II, p. 2822).
(g) S.I. 1958/1958 (1958 II, p. 2825).
4. Section 17 of the principal Order (as amended by section 6 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) is amended by the deletion from subsection (1) of the words "forty-seven Chiefs," in paragraph (b) and the substitution of the words "ninety-five Chiefs."
5.—(1) Section 21 of the principal Order (as amended by section 7 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1957, and section 9 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) is amended by the deletion from subsection (2) of the word "appointed" and the substitution of the word "elected."
(2) Section 21 of the principal Order (as amended) is further amended—
(a) by the deletion from subsection (1) of paragraph (a); and
(b) by the insertion after subsection (2) of the following subsection:—
"(3) A person appointed as Attorney-General of the Northern Region who is not a member of either of the Legislative Houses of the Region shall (save for the purposes of section 75 of this Order) be deemed to be a member of the Northern House of Assembly."
(3) Subsection (2) of this section shall come into force on the date on which subsection (2) of section 21 of this Order ceases to have effect.
6.—(1) Section 23 of the principal Order (as amended by section 10 of the Nigeria (Constitution) (Amendment) Order in Council, 1958, and section 4 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1958(a)) is revoked and the following section is substituted:—
"Speaker and Deputy speaker of Northern House of Assembly.
23.—(1) When the Northern 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) one of the members of the House mentioned in paragraph (b) or paragraph (c) of subsection (1) of section 21 of this Order; or
(b) a person who is not a member of the House.
(2) When the Northern 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 mentioned in paragraph (b) or paragraph (c) of subsection (1) of section 21 of this Order.
(3) As often as the office of the Speaker or the Deputy Speaker falls vacant otherwise than when the Northern House of Assembly 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, as the case may be.
(4) The office of the Speaker or the Deputy Speaker of the Northern 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
(a) S.I. 1958/1257 (1958 II, p. 2811).
(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) he becomes a Regional Minister or a Parliamentary Secretary to a Regional Minister."
(2) Section 23 of the principal Order (as set out in subsection (1) of this section) is amended by the insertion in subsection (4) after the words "becomes a Regional Minister" in sub-paragraph (ii) of paragraph (c) of the words ", Attorney-General of the Northern Region."
(3) Subsection (2) of this section shall come into force as soon as subsection (2) of section 21 of this Order shall cease to have effect.
(4) The persons holding office as Speaker and Deputy Speaker of the Northern House of Assembly immediately before the commencement of this Order shall be deemed respectively to have been elected Speaker in pursuance of paragraph (a) of subsection (1) of section 23 of the principal Order (as set out in subsection (1) of this section) and to have been elected Deputy Speaker in pursuance of subsection (2) of that section at the commencement of this Order and the provisions of subsection (4) of that section shall apply to them accordingly.
7. The principal Order is amended by the insertion after section 56c of the principal Order (as set out in section 31 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) of the following section:—
"Tax exemptions in respect of mining.
56D. A law enacted by the Federal Legislature may, for the purpose of implementing any agreement between the Federal Government and any person relating to mining or matters connected therewith, provide for exempting such person in whole or in part from liability for any tax, duty, rate or other due imposed by or under a law enacted by any legislature in Nigeria."
8. The principal Order is amended by the insertion after section 58 of the following section:—
"Freedom of trade and commerce.
58A.—(1) No restriction shall be imposed upon trade or commerce among the Regions or between a Region and the Southern Cameroons or Lagos or between the Southern Cameroons and Lagos by or in pursuance of any law enacted by any legislature in Nigeria.
(2) The provisions of this section shall be without prejudice to the powers conferred upon any legislature in Nigeria by section 54 of this Order or to the like powers possessed by the Federal Legislature in relation to Lagos; and nothing in this section shall prevent the imposition of restrictions necessary in the interest of defence, public safety, public order, public morality, public health (including the health of animals or plants) or for the purpose of providing, maintaining or securing supplies and services necessary to the life of the community."
9. Section 60 of the principal Order (as amended by section 14 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1957, and section 35 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) is amended by the deletion from subsection (2) of paragraph (e).
10. Section 62A of the principal Order (as set out in section 16 of the Nigeria (Constitution) (Amendment No. 2) Order in Council, 1957, and as amended by section 37 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) is revoked and the following section is substituted:—
"Application of section 62 to House of Assembly of Southern Cameroons.
62A. The provisions of Section 62 of this Order (other than subsection (6)) shall apply in relation to the House of Assembly of the Southern Cameroons as they apply in relation to the House of Representatives, and for that purpose references to the Governor-General shall be construed as if they were references to the High Commissioner for the Southern Cameroons."
11. Section 64 of the principal Order (as amended by section 39 of the Nigeria (Constitution) (Amendment) Order in Council, 1958) is amended by the insertion in subsection (6) after paragraph (b) of the following paragraph:—
'; and
(c) the following proviso were added to subsection (1):—
"Provided that the Governor shall not make any such declaration unless he is satisfied that it is necessary or expedient so to do in the interest of the peace, order and good government of such part of the Cameroons as is comprised in the Northern Region"'.
12. Section 65 of the principal Order (as amended by...
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