(1) An elected or appointed member shall vacate his seat in the
National Assembly at the next dissolution of Parliament after his election or
appointment.
(2) A Senator appointed under subsection (1)(a) of section 30 shall vacate
his seat in the National Assembly if his appointment is revoked by the
Governor-General, acting in accordance with the advice of the Leader of the
Opposition, and a Senator appointed under subsection (1)(b) of that section
shall vacate his seat in the Assembly if his appointment is revoked by the
Governor-General, acting in accordance with the advice of the Prime Minister.
(3) An elected or appointed member shall also vacate his seat in the
Assembly-
a) if he is absent from the sittings of the Assembly for such period and in
such circumstances as may be prescribed in the rules of procedure or the
Assembly;
b) if he ceases to be a citizen;
c) subject to subsection (4), if any other circumstances arise that, if he
were not a member, would cause him to be disqualified to be elected or appointed
as such by virtue of subsection (1) of section 28 or of any law enacted in
pursuance of subsection (2), (3) or (5) of that section; or
d) in the case of a Senator who holds the office of Attorney-General, if he
ceases to hold that office.
(4) a) If any such circumstances as are referred to in paragraph (c) of
subsection (3) arise because an elected or appointed member is under sentence of
death or imprisonment, adjudge to be of unsound mind, declared bankrupt or
convicted or reported guilty of an offence relating to elections and if it is
open to the member to appeal against the decision (either with the leave of a
court of law or other authority or without such leave) he shall forthwith cease
to perform his functions as a member but, subject to the provisions of this
section, he shall not vacate his seat until the expiration of a period or
thirty days thereafter:
Provided that the Speaker may, at the request of the member, from time to
time extend that period for further periods of thirty days to enable the member
to pursue an appeal against the decision, so however, that extensions of time
exceeding in the aggregate one hundred and fifty days shall not be given without
the approval, signified by resolution, of the National Assembly.
b) If, on the determination of any appeal, such circumstances continue to
exist and no further appeal is open to the member or if, by reason of the
expiration of any period for entering an appeal or notice thereof on the refusal
of leave to appeal or for any other reason, it ceases to be open to the member
to appeal, he shall forthwith vacate his seat.
c) If at any time before the member vacates his seat such circumstances cease
to exist, his seat shall not become vacant on the expiration of the period
referred to in paragraph (a) and he may resume the performance of his functions
as a member.
(5) In this section "member" means member of the National Assembly.