(d) within a period of less than ten years before the date of an election to the House of Assembly, he has been
convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of
the Code of Conduct;
(e) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force
in any part of Nigeria;
(f) he is a person employed in the public service of the Federation or of any State and he has not resigned,
withdrawn or retired from such employment thirty days before the date of election;
(g) he is a member of any secret society;
(h) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative
Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other
law by the Federal and State Government which indictment has been accepted by the Federal or State
Government, respectively; or
(i) he has presented a forged certificate to the Independent National Electoral Commission.
(2) Where in respect of any person who has been (a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt,
any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria,
subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged
and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is
abandoned, whichever is earlier.
(3) For the purposes of subsection (2) of this section, an "appeal" includes any application for an injunction or an
order of certiorari, mandamus, prohibition or habeas corpus, or any appeal from any such application.
108. (1) The Governor of a State may attend a meeting of a House of Assembly of the State either to deliver an
address on State affairs or to make such statement on the policy of government as he may consider to be of
importance to the State.
(2) A Commissioner of the Government of a State shall attend the House of Assembly of the State if invited to
explain to the House of Assembly the conduct of his Ministry, and in particular when the affairs of that Ministry
are under discussion.
(3) Nothing in this section shall enable any person who is not a member of a House of Assembly to vote in that
House or in any of its committees.
109. (1) A member of a House of Assembly shall vacate his seat in the House if (a) he becomes a member of another legislative house;
(b) any other circumstances arise that, if he were not a member of that House, would cause him to be disqualified
for election as such a member;
(c) he ceases to be a citizen of Nigeria;
(d) he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the
Federation or a Commissioner of the Government of a State or a Special Adviser;
(e) save as otherwise prescribed by this Constitution, he becomes a member of a commission or other body
established by this Constitution or by any other law;
(f) without just cause he is absent from meetings of the House of Assembly for a period amounting in the
aggregate to more than one-third of the total number of days during which the House meets in any one year;