Section 306 and 307 of the 1999 Constitution: Resignation of Officials and Limitation of Citizens by Naturalization

Resignation

The 1999 Constitution

Section 306 (1)

Save as otherwise provided in this section, any person who is appointed, elected or otherwise selected to any office established by this Constitution may resign from that office by writing under his hand addressed to the authority or person by whom he was appointed, elected or selected.

(Except when a particular method of resignation has been specified by the Constitution, any person who has been appointed, elected or selected to any office can resign such an office by writing such a resignation, addressed to the person who appointed or elected or selected him.)


Section 306 (2)

The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorized by that authority or person to receive it.

(Such a resignation shall be effective when it is received by the person who appointed or elected or selected the person resigning.)


Section 306 (3)

The notice of resignation of the President and of the Vice-President shall respectively be addressed to the president of the Senate and to the President.

(In the case of a President, his notice to resign shall be addressed to the Senate President. In the case of a Vice President, his notice of resignation shall be addressed to the President.)


Section 306 (4)

On the resignation of the President, the President of the Senate shall forthwith give notice of the resignation to the Speaker of the House of Representatives.

(Once a President resigns through a letter to the Senate President, he (the Senate President) shall transmit the notice to the Speaker of the House of Representatives.)


Section 306 (5)

The notice of resignation of the Governor and of the Deputy Governor of a State shall respectively be addressed to the Speaker of the House of Assembly and the Governor of the State.

(In the case of a Governor, his notice of resignation shall be addressed to the Speaker of the House of Assembly. In the case of a Deputy Governor, his notice of resignation shall be addressed to the Governor.)


Section 306 (6)

The notice of resignation of the President of the Senate and of the Speaker of the House of Representatives shall in each case be addressed to the Clerk of the National Assembly, and the notice of resignation of the Speaker of a House of Assembly shall be addressed to the Clerk of the House of Assembly of the State.

(The notice of the Senate President or the Speaker of the House of Representatives shall be addressed to the Clerk of the National Assembly. The notice of resignation of a Speaker of a House of Assembly shall be addressed to the Clerk of the State House of Assembly.)


Section 306 (7)

The notice of resignation of a member of a legislative house shall be addressed to the President of the Senate or, as the case may require, to the Speaker of the legislative house in question.

(A member of a legislative house who intends to resign will either address his notice of resignation to the Senate President (in the event of a Senator) or the Speaker of the House of Representatives (in the case of a Member of the House of Representatives) or the Speaker of the House of Assembly (in the case of a Member of the House of Assembly))


Section 307

Notwithstanding any provisions contained in Chapter IV and subject to sections 131 and 177 of this Constitution, no citizen of Nigeria by registration or under a grant of certificate of naturalization shall within ten years of such registration or grant, hold any elective or appointive office under this Constitution.

(Despite the Fundamental Human Rights sections of the Constitution and sections 133 & 177 (dealing with the only requirements to be elected President or Governor respectively), any Nigerian by naturalization or registration is eligible to contest for the office of either the President or a Governor of a State until 10 years have passed from such naturalization or registration.)


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