LEGAL ARGUMENTS ON THE VALIDITY OF ELECTING A SPEAKER ON A SUNDAY
By Polycarp Tersoo AANDE Esq
There is no Constitutional Restriction on Days of Sitting.
Section 92(1) of the 1999 Constitution (as amended) simply provides that “There shall be a Speaker and a Deputy Speaker of a House of Assembly who shall be elected by the members of the House from among themselves.”
The Constitution does not restrict this election to weekdays only. Therefore, a sitting on a Sunday is not unconstitutional per se.
Affirmatively you may note the following:
1.Doctrine of Necessity and Legislative Autonomy.
Each House of Assembly has power to regulate its own procedure (Section 101 of the Constitution).
If the Standing Orders allow for emergency sittings, then a Sunday election is valid if properly convened by the Clerk.
2.Case Law Support
In Inakoju v. Adeleke (2007) 4 NWLR (Pt. 1025) 423, the Supreme Court stressed that what matters is strict compliance with constitutional provisions and House Rules, not the day of the week.
If quorum is met and procedures followed, the election will stand.
3.Practical Necessity
Governance cannot be left in vacuum. Once the Speaker resigns, the House must fill the vacancy without undue delay.
A Sunday election may be justified in urgent political or constitutional circumstances.
A Speaker can validly be elected on a Sunday, provided the House was duly convened, quorum met, and election conducted strictly in line with the Constitution and Standing Orders.
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