Page:1922 Constitution of Nigeria (Clifford Constitution).pdf/2

4506 Elected Unofficial Members representing the municipal area of Lagos, 1 Elected Unofficial Member representing the municipal area of Calabar, and not more than 15 Nominated Unofficial Members.

V. The Official Members of the Council shall consist of the following persons:—

The members of the Executive Council.

The ten senior officers for the time being lawfully discharging the functions of Senior Resident in Nigeria, and the Officers lawfully discharging the functions of Deputy Chief Secretary to Government, of Secretary, Northern Provinces, and of Secretary, Southern Provinces.

The officers lawfully discharging the functions of General Manager of the Railway, of Director of Public Works and of Postmaster-General.

VI. The Elected Members of the Council shall be elected as follows:—

(1) Three Members by persons duly qualified as electors as hereinafter provided, who are resident within the municipal area of Lagos.

(2) One Member by persons duly qualified as electors as hereinafter provided, who are resident within the municipal area of Calabar.

VII. The Nominated Unofficial Members of the Council shall be such persons not holding office in Nigeria as the Governor may, from time to time, by instrument under the Public Seal appoint, subject to disallowance or confirmation by His Majesty, signified through a Secretary of State.

Every such Member shall vacate his seat at the end of five years from the date of the instrument by which he is appointed or at such earlier date as may be provided by that Instrument.

Provided that if any such member is provisionally appointed, as hereinafter provided, to fill a vacant seat in the Council, and his provisional appointment is immediately followed by his definitive appointment, the aforesaid period of five years shall be reckoned from the date of the Instrument provisionally appointing him.

Every such Member shall be eligible to be re-appointed by the Governor for a further period not exceeding five years, subject to the approval of His Majesty, signified through a Secretary of State.

VIII. Whenever upon any special occasion the Governor wishes to obtain the advice of any person within Nigeria touching any matters about to be brought before the Council, he may by an Instrument under the Public Seal of Nigeria appoint any such person to be, for such occasion, an Extraordinary Member of the Council.

IX. The Members of the Council shall take precedent as His Majesty may specially assign, and in default thereof:—

(1) First the Official Members according to their seniority in the Executive Council or, if they are not Members thereof, according to the order in which they are named in Article V. of this Order, provided that officers of the administrative service of Nigeria shall rank according to their seniority in that service.

(2) Secondly, the Elected Members and the Nominated Unofficial Members according to the length of time during which they have been continuously Members of the Council, Members elected or appointed at the same time taking precedence amongst themselves according to the alphabetical order of their names.

Provided nevertheless that any such Member re-elected or re-appointed immediately on the termination of his term of office shall take precedence according to the date from which he has been continuously a Member of the Council.

X. No Member of the Council shall sit or vote therein until he shall have taken and subscribed the following oath before the Governor, or some person authorized by the Governor to administer such oath:—

“I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance to His Majesty King George, His heirs and successors, according to law.

So help me God.”

Provided that every person authorized by law to make an affirmation instead of taking an oath may make such affirmation instead of taking the said oath.

XI. Whenever any Nominated Unofficial Member of the Council shall die or shall, with the permission of the Governor, by writing under his hand addressed to the Governor, resign his seat in the Council, or shall be suspended from the exercise of his functions as a Member of the Council, or shall be declared by the Governor by an Instrument under the Public Seal to be incapable of exercising his functions as such Member, or shall be temporarily absent from Nigeria, the Governor may by an Instrument under the said Seal appoint some other person resident within Nigeria to be provisionally a Member of the Council in the place of the Member so dying, resigning, or being suspended, or declared incapable, or absent.

Every such provisional appointment may be disallowed by His Majesty through a Secretary of State, or may be revoked by the Governor by any such Instrument as aforesaid.

Every person so provisionally appointed shall be to all intents and purposes a Nominated Unofficial Member of the Council until his appointment shall be disallowed, or revoked, or superseded by the definitive appointment in his place of a Nominated Unofficial Member of the Council, or until the person in whose place he has been appointed shall be relieved from suspension, or declared by the Governor by an Instrument under the Public Seal to be capable of exercising the functions of a Member of the Council or shall have returned to Nigeria.

XII. The Governor shall, without delay, report to His Majesty for his confirmation or disallowance, signified through a Secretary of State, every provisional appointment of any person as a Nominated Unofficial Member of the Council. Every such person shall hold his place in the Council during His Majesty’s pleasure, and the Governor may by an Instrument under the Public Seal revoke any such appointment.

XIII. The Governor may by an instrument under the Public Seal suspend any Official Member or any Nominated Unofficial Member of the Council from the exercise of his functions as a Member of the Council. Every such suspension shall be forthwith reported by the Governor to a Secretary of State, and shall remain in force unless and until it shall be