Section 94, 95 and 96 of the 1999 Constitution: Declaration of Assets, Presiding and Quorum of the State House of Assembly

Assets

The 1999 Constitution

Section 94 (1)

Every person elected to a House of Assembly shall before taking his seat in that House, declare his assets and liabilities in the manner prescribed in this Constitution and subsequently take and subscribe before the Speaker of the House, the Oath of Allegiance and oath of membership prescribed in the Seventh Schedule to this Constitution, but a member may, before taking the oaths, take part in the election of the Speaker and Deputy Speaker of the House of Assembly.

(Every elected member of a State House of Assembly shall declare his assets & liabilities as directed by the Constitution, and take an Oath of Allegiance as well as an oath of membership (as prescribed by the Constitution. However, the election for the Speaker & Deputy Speaker shall take part before the Oaths.)


Section 94 (2)

The Speaker and Deputy Speaker of a House of Assembly shall declare their assets and liabilities in the manner prescribed by this Constitution and subsequently take and subscribe to the Oath of Allegiance and the oath of membership prescribed as aforesaid before the Clerk of the House of Assembly. 

(The Speaker & Deputy Speaker shall also declare their assets & liabilities as prescribed by the Constitution, then take the Oath of Allegiance & oath of membership before the Clerk of the House.)


Section 95 (1)

At any sitting of a House of Assembly, the Speaker of that House shall preside, and in his absence the Deputy Speaker shall preside.

(Any sitting of the House must be presided over by the Speaker or Deputy Speaker)


Section 95 (2)

In the absence of the Speaker and Deputy Speaker of the House, such member of the House as the House may elect for a purpose shall preside. 

(If both the Speaker & Deputy Speaker are absent, the House shall elect someone to preside over the sitting.)


Section 96 (1)

The quorum of a House of Assembly shall be one-third of all the members of the House. 

(The minimum membership for a House sitting shall be 1/3 of all the members of the House.)


Section 96 (2)

If objection is taken by any member of a House of Assembly present that there are present in that House (besides the person presiding) fewer than one-third of all the members of that House and that it is not competent for the House to transact business, and after such interval as may be prescribed in the rules of procedure of the House, the person presiding ascertains that the number of members present is still less than one-third of all the members of the House, he shall adjourn the House.

(If any member of the House raises an objection relating to quorum (in essence that the House is not competent to make a valid Sitting), there shall be an investigation and if the objection is justified, the person presiding shall adjourn the Sitting of the House.)

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