Section 310 and 311 of the 1999 Constitution: Power of the Federal and State Civil Service Commission to Appoint Staff of the Legislative Houses and Standing Orders of the National and House of Assembly

National

The 1999 Constitution

Section 310 (1)

Until the National Assembly or a House of Assembly has exercised its powers to initiate legislation in accordance with the provisions of section 51 or 93 of this Constitution, the Clerk or other staff of a legislative house shall be appointed, as respects each House of the National Assembly by the Federal Civil Service Commission, and as respects a House of Assembly by the State Civil Service Commission.

(The Federal Civil Service Commission or the State Civil Service Commission can appoint the Clerk or other staff of the National Assembly or the House of Assembly respectively in a situation where the National Assembly or a House of Assembly has not exercised their power to do so as contained in section 51 or 93 of the 1999 Constitution.)


Section 310 (2)

In exercising its powers under the provisions of this section, the Federal Civil Service Commission shall consult, as appropriate, the President of the Senate or the Speaker of the House of the Representatives, and a State Civil Service Commission shall consult the Speaker of the House of Assembly of the State.

(If the Federal Civil Service Commission is exercising its power to appoint the Clerk and other staff of the National Assembly as contained in this section, it has to consult with the President of the Senate or the Speaker of the House of the Representatives and in the case of the State Civil Service Commission, they shall consult with the Speaker of the House of Assembly of the State.)


Section 311 (1)

The provisions of this section shall have effect until the National Assembly or a House of Assembly exercises the powers conferred upon it by section 60 or 101 of this Constitution as appropriate.

(The Federal and State Civil Service Commission will have the power to appoint the Clerk and staff of the National and State House of Assembly respectively until the National Assembly exercises the power they have as contained in section 60 of 101 of the 1999 Constitution.)


Section 311 (2)

The Standing Orders of the Senate established under the former Constitution shall apply in relation to the proceedings in the Senate established under this Constitution.

(The Standing Orders which have been stated under the previous Constitution concerning proceedings in the Senate shall apply under the 1999 Constitution.)


Section 311 (3)

The Standing Orders of the House of Representatives established under the former Constitution shall apply in relation to the proceedings in the House of Representatives established under this Constitution.

(The Standing Orders which have been stated under the previous Constitution concerning proceedings in the House of Representatives shall apply under the 1999 Constitution.)


Section 311 (4)

The Standing Orders of a House of Assembly established under the former Constitution shall apply in relation to a House of Assembly of a State established under this Constitution.

(The Standing Orders which have been stated under the previous Constitution concerning proceedings in the House of Assembly of a State shall apply under the 1999 Constitution.)

Section 311 (5)

The Standing Orders of the former legislative houses referred to in subsections (2), (3) and (4) of this section, shall apply in relation to a legislative house with such modifications as may be necessary to bring them into conformity with the provisions of this Constitution.

(The Standing Orders of the former legislative mentioned in sub section 2, 3 and 4 of section 311 shall apply when relating to legislative Houses that can be adjusted to align with the 1999 Constitution


Section 311 (6)

In this section, the “former Constitution” refers to the Constitution of the Federal Republic of Nigeria 1979.

(Former Constitution refers to the 1979 Constitution of the Federal Republic of Nigeria.)


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