The 1999 Constitution

Section 201 (1)

Any person holding any of the offices to which this section applies shall only be removed from that
office by the Governor of that State acting on an address supported by two-thirds majority of the House of Assembly of the State praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(The Governor of a State can remove members of the State Executive Body if he (Governor) believes that the member of the State Executive Body can no longer perform their official duties. His reason for requesting the member be removed could either be due to sickness of mind or body or any other cause or for misconduct i.e. bad behavior in the line of duty. However, the Governor can only remove such Members if 2/3rd majority of the House of Assembly agree to his request for such member’s removal. This means the Governor cannot act on his own when removing members but must get the support of the House of Assembly of the State.)

Section 201 (2)

This section applies to the Offices of the Chairman and members of the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission.

(The members of the Executive Body talked about in sub section 1 of section 201 are; the Offices of the Chairman and members of the State Civil Service Commission; the State Independent Electoral Commission and the State Judicial Service Commission.)

Section 202

In exercising its power to make appointments or to exercise disciplinary control over persons the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission shall not be subject to the direction and control of any other authority or person.

(When the State Executive Bodies; State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission are exercising its power to make appointments or carry out disciplinary control over people, they will not be under the direction and control of any other authority or person.)

Section 203 (1)

The quorum for a meeting of any of the bodies established by section 197 of this Constitution shall not
be less than one-third of the total number of members of that body at the date of the meeting.

(For a quorum to be formed i.e. the minimum number of members of an assembly or society that must be present at any of its meetings to make the proceedings of that meeting valid – in a meeting regarding the State Executive Bodies established under Section 197 of the 1999 Constitution, such meeting must not be less than 1/3rd of the total number of members of that particular body at the date of the meeting. Therefore, if less than 1/3rd of the total member of one of the State Executive Bodies have a meeting then that meeting will not be valid as a “quorum” was not met.)

Section 203 (2)

A member of such a body shall be entitled to one vote and a decision of the meeting may be taken and any act or thing may be done in the name of that body by a majority of the members present at a meeting.

(In such meetings done by a State Executive Body once a quorum has been met, a member has only one vote and a decision at the meeting may be taken. The body can act as long as majority of the members present at the meeting have agreed to it.)

Section 203 (3)

Whenever such bodies is assembled for a meeting, the Chairman or other person presiding shall, in all
matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a deliberative vote.

(The Chairman or whoever is presiding (i.e. chairing the meeting) has a casting (i.e. a vote that someone may exercise to resolve a tied vote in a deliberative body.) and a deliberative vote (i.e. means a vote cast by each Board Member (including the Chairperson) for the purpose of deciding a matter under deliberation) concerning matters where a decision has to be made by way of vote taking (or whatever name such vote may be called.)

Section 203 (4)

Subject to its rules of procedure, any such body may act or take any decision notwithstanding any vacancy in its membership or the absence of any member.

(Regardless of of whether any member is absent or vacancy in its membership, the State Executive Bodies mentioned can still act or take any decision but this depends on what their rules of procedure says.)