(1)
There shall be a Prime Minister and a Deputy Prime Minister who shall be
appointed by the President.
(2)
There shall be, in addition to the offices of Prime Minister, Deputy Prime Minister
and Attorney-General, such other offices of Minister of the Government as may be
prescribed by Parliament or, subject to any law, established by the President, acting
in accordance with the advice of the Prime Minister:
Provided that the number of offices of Minister, other than the Prime Minister, shall
not be more than 24.
(3)
The President, acting in his own deliberate judgment shall appoint as Prime
Minister the member of the Assembly who appears to him best able to command
the support of the majority of the members of the Assembly, and shall, acting in
accordance with the advice of the Prime Minister, appoint the Deputy Prime
Minister, the Attorney-General and the other Ministers from among the members of
the Assembly.
Provided that (a)
where occasion arises for making an appointment while Parliament is
dissolved, a person who was a member of the Assembly immediately before
the dissolution may be appointed; and
(b)
a person may be appointed Attorney-General, notwithstanding that he is not
(or, as the case may be, was not) a member of the Assembly.
Amended by [Act No. 2 of 1982]; [Act No. 37 of 1991]; [Act No. 48 of 1991]
60.
Tenure of office of Ministers
(1)
Where a resolution of no confidence in the government is passed by the Assembly
and the Prime Minister does not within 3 days resign from his office, the President
shall remove the Prime Minister from office unless, in pursuance of section 57(1),
Parliament has been or is to be dissolved in consequence of such resolution.
(2)
Where at any time between the holding of a general election and the first sitting of
the Assembly thereafter the President, acting in his own deliberate judgment,
considers that, inconsequence of changes in the membership of the Assembly
resulting from that general election, the Prime Minister will not be able to command
the support of a majority of the members of the Assembly, the President may
remove the Prime Minister from office:
Provided that the President shall not remove the Prime Minister from office within
the period of 10 days immediately following the date prescribed for polling at that
general election unless he is satisfied that a party or party alliance in opposition to
the Government and registered for the purposes of that general election under
paragraph 2 of the First Schedule has at that general election gained a majority of
all seats in the Assembly.