Provided that the power conferred on the Director of Public Prosecutions by
subsection (3)(c) shall not be exercised in relation to any appeal by a person
convicted in any criminal proceedings or to any case stated or question of law
reserved except at the instance of such a person.
73.
Leader of Opposition
(1)
There shall be a Leader of the Opposition who shall be appointed by the President.
(2)
Where the President has occasion to appoint a Leader of the Opposition, he shall in
his own deliberate judgment appoint (a)
where there is one opposition party whose numerical strength in the
Assembly is greater than the strength of any other opposition party, the
member of the Assembly who is, the leader in the Assembly of that party; or
(b)
where there is no such party, the member of the Assembly whose
appointment would, in the judgment of the President, be most acceptable to
the leaders in the Assembly of the opposition parties:
Provided that, where occasion arises for making an appointment while Parliament is
dissolved, a person who was a member of the Assembly immediately before the
dissolution maybe appointed Leader of the Opposition.
(3)
The office of the Leader of the Opposition shall become vacant (a)
where, after any general election, he is informed by the President that the
President is about to appoint another person as Leader of the Opposition;
(b)
where, under section 36(1), he is required to cease to perform his functions
as a member of the Assembly;
(c)
where he ceases to be a member of the Assembly otherwise than by reason
of a dissolution of Parliament;
(d)
where, at the first sitting of the Assembly after any general election, he is not
a member of the Assembly; or
(e)
where his appointment is revoked under subsection (4).
(4)
Where the President, acting in his own deliberate judgment, considers that a
member of the Assembly, other than the Leader of the Opposition, has become the
leader in the Assembly of the opposition party having the greatest numerical
strength in the Assembly or, as the case may be, the Leader of the Opposition is no
longer acceptable as such to the leaders of the opposition parties in the Assembly,
the President may revoke the appointment of the Leader of the Opposition.
(5)
For the purposes of this section, 'opposition party" means a group of members of
the Assembly whose number includes a leader who commands their support in
opposition to the Government.