Section 103, 104 and 105 of the 1999 Constitution: Power to Constitute Committees, Duration and Dissolution of the State House of Assembly.

House of Assembly

The 1999 Constitution

Section 103 (1)

A House of Assembly may appoint a committee of its members for any special or general purpose as in its opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or otherwise as it thinks fit delegate any functions exercisable by it to any such committee. 

(A House of Assembly can designate a group of legislators from its members to handle any definite or general issue or tasks, this is to enable the House better regulate and manage its opinions on issues by creating such committee. The House also has the power to further delegate its responsibility to such committee by way of regulation, resolution (decision of a meeting) or any other means in which their responsibilities can be delegated.)


Section 103 (2)

The number of members of a committee appointed under this section, their term of office and quorum shall be fixed by the House of Assembly.

(The amount of legislators from its members mentioned in the previous section appointed to be part of the committee shall be determined by the House of Assembly, as well as their term of office and the number of votes needed for a decision to be made.)


Section 103 (3)

Nothing in this section shall be construed as authorizing a House of Assembly to delegate to a committee the power to decide whether a bill shall be passed into Law or to determine any matter which it is empowered to determine by resolution under the provisions of this Constitution, but such a committee of the House may be authorised to make recommendations to the House on any such matter.

(The powers given to these committees will not extend to deciding whether a bill is passed into law, and to do any other duty which will ordinarily be the duty of the general House as provided for under this very Constitution but they can however make recommendations on such matter if given the authority to do so.)


Section 104

A House of Assembly shall sit for a period of not less than one hundred and eighty-one days in a year. 

(A House of Assembly will not sit for less than the number of one hundred and eighty-one (181) days in a year.)


Section 105 (1)

A House of Assembly shall stand dissolved at the expiration of a period of four years commencing from the date of the first sitting of the House.

(A House of Assembly shall be taken as dissolved at the end of a four-year period, counting from the day the House first sits in its official capacity.)


Section 105 (2)

If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (1) of this section from time to time but not beyond a period of six months at any one time. 

(In a situation where there is an outbreak of war in any part of Nigeria and the President believes that holding elections shall not be possible, the National Assembly will extend its tenure mentioned in the previous section – which is a four year period, by way of resolution from time to time. This extension shall however not exceed a period of six months at a stretch or per extension.)


Section 105 (3)

Subject to the provisions of this Constitution, the person elected as the Governor of a State shall have power to issue a proclamation for the holding of the first session of the House of Assembly of the State concerned immediately after his being sworn in, or for its dissolution as provided in this section.

(An elected Governor of a State shall have the power to issue an order for the first session i.e. sitting of the State House of Assembly immediately after his – the Governor, being sworn in. He also has the power to call for the dissolution of the State House of Assembly but this is all subject to whatever the Constitution says regarding this issue.)

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