Section 106 and 107 of the 1999 Constitution: Qualifications for Membership of the State House of Assembly

House of Assembly

The 1999 Constitution

Section 106

Subject to the provisions of section 107 of this Constitution, a person shall be qualified for election as a member of a House of Assembly if –

 (a) he is a citizen of Nigeria; 

(b) he has attained the age of thirty years; 

(c) he has been educated up to at least the School Certificate level or its equivalent; and 

(d) he is a member of a political party and is sponsored by that party.

(An individual is eligible to be elected into the House of Assembly if the person fulfils the following requirements;

1. Be a Nigerian citizen,

2. is at least thirty years of age,

3. has acquired education up to the level of attaining the School Certificate, or any certificate on its level and

4. Such person is a member of a political party and that political party has put him up as their candidate for such post.)


Section 107 (1)(a)

(1) No person shall be qualified for election to a House of Assembly if –

(a) subject to the provisions of Section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country; 

(An individual is ineligible for election in to any House of Assembly if he has taken up being a citizen of another country or, has made an oath of loyalty to such country without coercion, such application for citizenship to another country as stated in Section 28 of the Constitution.)


Section 107 (1)(b)

under any law in force in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind

(Any person deemed or has been declared to be a demented person i.e. a mad person or a person of incomplete senses under any law in operation in any part of Nigeria.)


Section 107 (1)(c)

he is under a sentence of death imposed on him by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever name called) or any other offence imposed on him by such a court or tribunal substituted by a competent authority for any other sentence imposed on him by such a court or tribunal.

(Such a person has been sentenced to death by any competent court of law or tribunal in Nigeria, or an imprisonment sentence or fine for offences having to do with dishonest behavior or fraud (by whatever name it may be called), or for any offence such person has been sentenced for by any court or tribunal set up in place of any competent authority for any other punishment given out by such authority.)


Section 107 (1)(d)

within a period of less than ten years before the date of an election to the House of Assembly, he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of the Code of Conduct.

(Such a person has been convicted and sentenced for offences having to do with dishonest behavior or found guilty for an act contrary to the Code of Conduct within a period of ten years to the date of the election to the House of Assembly.)


Section 107 (1)(e)

he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria.

(Such a person is an undischarged bankrupt (i.e. someone who is legally bankrupt but who still has to pay back particular debts and cannot borrow again without telling financial organizations considering a loan that they are bankrupt), having been deemed to be so, or having been declared so under any law in force in any part of Nigeria.)


Section 107 (1)(f)

he is a person employed in the public service of the Federation or of any State and he has not resigned, withdrawn or retired from such employment thirty days before the date of election; 

(Such a person is still an employee in the Public Service at Federal or State Level, and has not resigned from such position or employment thirty days before the election date)


Section 107 (1)(g)

he is a member of any secret society;

(Such a person is a participant in any secret society.)


Section 107 (1)(h)

he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal and State Government which indictment has been accepted by the Federal or State Government, respectively; or

(Such a person has been questioned and investigated for fund mismanagement or fraud by any Tribunal of Inquiry either at State or Federal Level set up as stated under the Tribunals of Inquiry Act under any State or Federal Law, such indictment being accepted by the State or the Federal Government,)


Section 107 (1)(i)

he has presented a forged certificate to the Independent National Electoral Commission.

(If such person has presented a forged certificate to the Independent National Electoral Commission – INEC.)


Section 107 (2)(a-d)

Where in respect of any person who has been;

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(c) sentenced to death or imprisonment; or 

(d) adjudged or declared bankrupt, any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier. 

(Where a person is said to be demented i.e. crazy, insane, punished by death or imprisonment or deemed bankrupt, and has an appeal pending in a court of law, subsection (1) of this section shall not operate, starting from the day such appeal against the judgment is brought before the Court and ending the day that the appeal is decided or jettisoned/ abandoned, whichever comes earlier.)


Section 107 (3)

For the purposes of subsection (2) of this section, an “appeal” includes any application for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus, or any appeal from any such application.

(In definition of subsection (2) of the section, appeals include any application for injunctions by way of certiorari, mandamus, prohibition or habeas corpus, or any other appeal arising from there.)

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