277 Appointments
(1) A power under this Constitution to appoint a person to an office includes a similar
power to
(a) reappoint the person to that office;
(b) appoint a person on promotion or transfer to that office;
(c) appoint a person to act in that office;
(d) appoint a person to that office while it is held by someone else who is on leave of
absence pending relinquishment of the office;
(e) fix and vary the person's conditions of service in that office, including the person's
remuneration and period of appointment and any benefits on termination of service;
and
(f) suspend or remove the person from office.
(2) Where two or more persons hold the same office as a result of a person being appointed
to it while the incumbent is on leave of absence pending relinquishment of the office, the person
last appointed must be regarded as the sole holder of the office.
(3) An Act of Parliament may provide for the appointment of one or more deputies to
anyone holding an office under this Constitution and may provide for their functions and
conditions of service.
(4) Subject to any provision of this Constitution that may limit the period or number of
terms that anyone may serve in a particular office, a person who has vacated an office
established by this Constitution may, if qualified, be re-appointed or re-elected to the office.
(5) Where the approval of the Senate is required for a person's appointment to any office or
post, that person cannot exercise any of the functions of the office until the Senate has approved
the appointment.
278 Resignations
(1) Anyone who is appointed or elected to an office established by this Constitution may
resign from that office by written notice addressed to the person that appointed or elected the
office-holder concerned, but in the case of–
(a) the President, the notice must be addressed to the President of the Senate;
(b) the President of the Senate or his deputy, the notice must be addressed to the Senate or
to the Clerk of Parliament;
(c) the Speaker or Deputy Speaker of the National Assembly, the notice must be
addressed to the National Assembly or to the Clerk of Parliament;
(d) a Senator, the notice must be addressed to the president of the Senate;
(e) a Member of the National Assembly, the notice must be addressed to the Speaker.
(2) A person's resignation from an office established by this Constitution takes effect on the
date or at the time indicated in the notice of resignation or, if no date or time is indicated, when
the notice is received by the person to whom it is addressed or by anyone else who is authorised
by that person to receive it.
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