Section 94-105 of the Nigerian Constitution
Section 95 to 105 of the constitution of Nigeria is titled Procedure for Summoning and Dissolution of House of Asssembly. It is B under Part II (House of Assembly of a State) of Chapter V (The Legislature) of the constitution.
Section 94 of the Nigerian Constitution 1999
Declaration of assets and liabilities; oaths of members
(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
(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.
Section 95 of the Nigerian Constitution 1999
Presiding at sittings
(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.
(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.
Section 96 of the Nigerian Constitution 1999
(1) The quorum of a House of Assembly shall be one-third of all the members of the House.
(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.
Section 97 of the Nigerian Constitution 1999
The business of a House of Assembly shall be conducted in English, but the House may in addition to English
conduct the business of the House in one or more other languages spoken in the State as the House may by
Section 98 of the Nigerian Constitution 1999
(1) Except as otherwise provided by this Constitution, any question proposed for decision in a House of
Assembly shall be determined by the required majority of the members present and voting; and the person presiding
shall cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case.
(2) Except as otherwise provided by this Constitution, the required majority for the purpose of determining any
question shall be a simple majority.
(3) A House of Assembly shall by its rules provide –
(a) that a member of the House shall declare any direct pecuniary interest he may have in any matter coming before
the House for deliberation;
(b) that the House may by resolution decide whether or not such member may vote or participate in its deliberations,
on such matter;
(c) the penalty, if any, which the House may impose for failure to declare any direct pecuniary interest such member
may have; and
(d) for such other matters pertaining to the foregoing as the House may think necessary, but nothing in this
subsection shall enable any rules to be made to require any member, who signifies his intention not to vote on or
participate in such matter, and who does not so vote or participate, to declare any such interest.
Section 99 of the Nigerian Constitution 1999
Unqualified person sitting or voting
Any person who sits or votes in a House of Assembly of a State knowing or having reasonable grounds for
knowing that he is not entitled to do so commits an offence and is liable on conviction to such punishment as shall
be prescribed by a Law of the House of Assembly.
Section 100 of the Nigerian Constitution 1999
Mode of exercising legislative power of a state
(1) The power of a House of Assembly to make laws shall be exercised by bills passed by the House of
Assembly and, except as otherwise provided by this section, assented to by the Governor.
(2) A bill shall not become Law unless it has been duly passed and, subject to subsection (1) of this section, assented
to in accordance with the provisions of this section.
(3) Where a bill has been passed by the House of Assembly it shall be presented to the Governor for assent.
(4) Where a bill is presented to the Governor for assent he shall within thirty days thereof signify that he assents or
that he withholds assent.
(5) Where the Governor withholds assent and the bill is again passed by the House of Assembly by two-thirds
majority, the bill shall become law and the assent of the Governor shall not be required.
Section 101 of the Nigerian Constitution 1999
Regulation of procedure
Subject to the provisions of this Constitution, a House of Assembly shall have power to regulate its own
procedure, including the procedure for summoning and recess of the House.
Section 102 of the Nigerian Constitution 1999
Vacancy or participation of strangers not to invalidate proceedings.
A House of Assembly may act notwithstanding any vacancy in its membership, and the presence or
participation of any person not entitled to be present at or to participate in the proceedings of the House shall not
invalidate such proceedings.
Section 103 of the Nigerian Constitution 1999
(1) A House of Assembly may appoint a committee of its members for any special or general purpose as in its
opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or
otherwise as it thinks fit delegate any functions exercisable by it to any such committee.
(2) The number of members of a committee appointed under this section, their term of office and quorum shall be
fixed by the House of Assembly.
(3) Nothing in this section shall be construed as authorising a House of Assembly to delegate to a committee the
power to decide whether a bill shall be passed into Law or to determine any matter which it is empowered to
determine by resolution under the provisions of this Constitution, but such a committee of the House may be
authorised to make recommendations to the House on any such matter.
Section 104 of the Nigerian Constitution 1999
A House of Assembly shall sit for a period of not less than one hundred and eighty-one days in a year.
Section 105 of the Nigerian Constitution 1999
Dissolution and issue of proclamation by Governor
(1) A House of Assembly shall stand dissolved at the expiration of a period of four years commencing from the
date of the first sitting of the House.
(2) If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that
it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years
mentioned in subsection (1) of this section from time to time but not beyond a period of six months at any one time.
(3) Subject to the provisions of this Constitution, the person elected as the Governor of a State shall have power to
issue a proclamation for the holding of the first session of the House of Assembly of the State concerned
immediately after his being sworn in, or for its dissolution as provided in this section.
Inioluwa Olaposi is a Law student at Obafemi Awolowo Universities, Ile-Ife, Nigeria. Before LawHub NG, he started publishing law-related posts on his former multi-niche website.