DAILY LAW TIPS (Tip 392) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
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LEGAL IMPLICATION OF THE APPOINTMENT OF SENATORS OR HONOURABLE MEMBERS AS FEDERAL MINISTERS OR STATE COMMISSIONERS.
Senators and Members of the House of Representatives are elected legislators of the National Assembly. Honourable members of state House of Assembly are elected legislators of a state Assembly.
In some situations, the President of the Federal Republic of Nigeria may appoint serving senators, members of the House of Representatives or State House of Assembly as federal ministers and members of the federal executive committee/cabinet.
Also a State Executive Governor may appoint serving senators, members of the House of Representatives or State House of Assembly as state commissioners and members of a state executive committee/cabinet.
Where a serving senator or member of the House of Representatives or House of Assembly is appointed as a federal minister or a state commissioner, such person will automatically be deemed to have resigned his membership of the National Assembly or his State Assembly once he takes the oath of office as a new federal minister/commissioner.
My authorities are sections 147(4), 192(3), 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
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