The 1999 Constitution

Section 75

For the purposes of section 72 of this Constitution, the number of inhabitants of Nigeria or any part thereof shall be ascertained by reference to or the latest census held in pursuance of an Act of the National Assembly.

(Where there are disagreements which may lead to a federal constituency or senatorial district to fall between more than one state, reference is to be made to the latest census held as it would help in knowing the number of inhabitants which form a particular district or constituency.)

Section 76 (1)

Elections to each House of the National Assembly shall be held on a date to be appointed by the Independent National Electoral Commission in accordance with the Electoral Act.

(The Independent National Electoral Commission (INEC) is responsible for fixing dates for elections into each House of the National Assembly and they are to do so in accordance with the provisions of the Electoral Act)

Section 76 (2)

The date mentioned in subsection (1) of this section shall not be earlier than one hundred and fifty (150) days and not later than one hundred and twenty (120) days before, or where the election to fill a vacancy occurring more than ninety (90) days before such date, not later than thirty (30) days after the vacancy occurred.

(The above provision is to the effect that INEC is in charge of fixing the date and venue for election into each House of the National Assembly. This date should neither be earlier than 150 days nor later than 120 days (in the older version of the Constitution, before the House stands dissolved i.e. the tenure of each House has ended) or where the election is to fill a vacancy occurring more than 90 days before such date fixed/ scheduled by the Independent National Electoral Commission (INEC), it should not be more than 30 days after such vacancy has occurred.)