90. Exercise of executive authority of the Federation
(1) Subject to the Constitution, the executive authority of the
Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation.
(2) In the performance of his functions under the Constitution,
the Prime Minister may act either directly or through the Federal
Minister.
Article 91. The Cabinet
(1) There shall be a Cabinet of Ministers, with the Prime
Minister at its head, to aid and advise the President in the exercise of his functions.
(2) The National Assembly shall meet on the twenty-first day
following the day on which a general election to the Assembly is held, unless sooner summoned by the President.
(3) After the election of the Speaker and the Deputy Speaker,
the National Assembly shall, to the exclusion of any other business,
proceed to elect without debate one of its Muslim members to be the Prime Minister.
(4) The Prime Minister shall be elected by the votes of the
majority of the total membership of the National Assembly:
Provided that, if no member secures such majority in the first poll,
a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister of the members present and voting.
(5) The member elected under clause (4) shall be called upon
by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule:
Provided that there shall be no restriction on the number of terms
for the office of the Prime Minister.
(6) The Cabinet, together with the Ministers of State, shall be
collectively responsible to the Senate and the National Assembly.
(7) The Prime Minister shall hold office during the pleasure of
the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.
(8) The Prime Minister may, by writing under his hand
addressed to the President, resign his office.
(9) A Minister who for any period of six consecutive months is
not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.
Provided that nothing contained in this clause shall apply to a
Minister who is member of the Senate.
(10) Nothing contained in this Article shall be construed as
disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister or a Minister of State during any such period.
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