Page:1922 Constitution of Nigeria (Clifford Constitution).pdf/3

THE LONDON GAZETTE, 29 JUNE, 1923. 4507 either removed by the Governor by an Instrument under the said Seal, or disallowed by His Majesty through a Secretary of State.

XIV. Any person (save as hereinafter excepted) who shall be registered as an elector for the election of Elected Members of the Council shall be qualified and entitled to be elected a representative of the Municipal area of Lagos or of Calabar, as provided in Article VI. of this Order.

XV. No person shall be capable of being elected a Member of the Council, or, having been elected, shall sit or vote in the Council, who—

(1) has been sentenced by any competent British Court, whether of Nigeria or not, for any crime punishable by death, hard labour for any period, or imprisonment for a period exceeding one year, and has not received a free pardon from His Majesty for the crime for which he has been so sentenced; or

(2) is an undischarged bankrupt, whether he has been declared a bankrupt by a Court in Nigeria or by any other British Court; or

(3) has within five years before the election received charitable relief in Nigeria from any public source; or

(4) is of unsound mind; or

(5) is in receipt of salary payable out of the public revenue of Nigeria; or

(6) is not registered as an elector.

XVI. All questions which may arise as to the right of any person to be or remain an elected Member of the Council shall be referred to and decided by the Supreme Court of Nigeria.

XVII. Every elected Member of the Council shall vacate his seat at the expiration of five years from the date of his election, but shall be eligible for re-election if not disqualified under the provisions of this Order.

XVIII. If any Elected Member of the Council shall at any time, by writing under his hand addressed to the Governor, resign his seat in the Council or shall become subject to any of the disqualifications specified in Article XV. of this Order, or shall take any oath or make any declaration of allegiance to any Foreign State or Power, his seat in the Council shall thereupon become vacant.

An Elected Member of the Council may, with the permission of the Governor, be absent from the sittings of the Council or from Nigeria for a period or periods not exceeding twelve calendar months at any one time; but if any Elected Member shall for any reason be so absent for more than twelve consecutive calendar months, or shall be absent, except on the ground of illness, from the sittings of the Council for a period of two calendar months during the session of the Council, without the leave of the Governor, his seat in the Council shall thereupon become vacant.

Whenever the seat of an Elected Member has become vacant, the Governor shall, as soon as possible, issue directions for the election of a new Member in the place of the Member whose seat has become vacant.

XIX. Every person who, having been returned as a Member of the Council, but not having been at the time of his election qualified to be elected, shall sit or vote in the Council, shall for every day on which he shall sit or vote in the Council, and every person who shall sit or vote in the Council after his seat shall have become vacant shall for every day on which he shall sit or vote after his seat shall have become vacant, be liable to a penalty not exceeding Fifty Pounds, to be recovered by action in the Supreme Court of Nigeria by any person who shall sue for the same.

XX. Every male person shall be entitled to be registered as an elector, and when registered to vote at the election of Elected Members of the Council, who—

(1) is a British subject or a native of the Protectorate of Nigeria;

(2) is of the age of twenty-one years or upwards;

(3) has been ordinarily resident for the twelve months immediately preceding the date of registration in the municipal area for which the election is being held; and

(4) was during the calendar year immediately preceding in possession of a gross annual income, from all sources, of not less than one hundred pounds.

XXI. No person shall be entitled to be registered as an elector, or when registered to vote at the election of Elected Members of Council who—

(1) has been sentenced by any competent British Court, whether of Nigeria or not, for any crime punishable by death, hard labour for any period, or imprisonment for any period exceeding one year, and has not received a free pardon from His Majesty for the crime for which he has been so sentenced; or—

(2) is of unsound mind.

XXII. The Governor shall, as soon as possible after the coming into operation of this Order, establish by proclamation such regulations, not inconsistent with this Order, as he may think necessary for regulating the registration of electors, and generally in regard to the election of Members of the Council, and such regulations shall take effect and have the force of law in Nigeria immediately on the proclamation thereof. But any regulations so made may be repealed or altered by any Ordinance or Ordinances hereafter to be enacted by the Governor, with the advice and consent of the Council.

XXIII. It shall be lawful for the Governor, with the advice and consent of the Council, to make laws for the peace, order, and good government of the Colony of Nigeria and for that portion of the Protectorate of Nigeria known as the Southern Provinces. Such laws shall be styled “Ordinances,” and the enacting words shall be “enacted by the Governor of Nigeria, with the advice and consent of the Legislative Council thereof.”

The sanction of the Council shall also be required for all expenditure out of the funds and revenues of Nigeria in respect of that portion of the Protectorate of Nigeria known as the Northern Provinces.

XXIV. It shall be lawful for the Governor of the Protectorate of Nigeria, with the advice and consent of the Council, and the Governor of the Protectorate of Nigeria, from time to time by joint Ordinance to provide for the peace, order, and good government of Nigeria, and of all persons therein, provided as follows:—

(a) That such Ordinances shall be subject to the advice and consent of the Council only so far as the provisions thereof relate to the Colony and to the Southern Provinces of the Protectorate, and such Ordinances shall be expressed to be enacted by the Governor of