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(2) Nothing in subsection (1) shall be construed as
conferring on any person or authority the power to require the Director of
Public Prosecutions or the Auditor General to retire from the public
service.
(3) Any power conferred by law to permit a person to
retire from the public service shall, in the case of any public officer who
may be removed from office by some person or authority other than a
Commission established by this Constitution, vest in the Public Service
Commission.
(4) Any provision in this Constitution that vests in any
person or authority the power to remove any public officer from his
office shall be without prejudice to the power of any person or authority
to abolish any office or to any law providing for the compulsory
retirement of public officers generally or any class of public officer on
attaining an age specified by or under that law.
Resignations.
271. (1) A Representative or a Senator may resign his seat in
the National Assembly by writing under his hand addressed to the
Speaker, and the resignation shall take effect, and the seat shall
accordingly become vacant, when the writing is received, as the case may
be, by –
(a) the Speaker;
(b) if the office of Speaker is vacant or the Speaker is
for any reason unable to perform the functions of
his office and no other person is performing them,
the Deputy Speaker; or
(c) if the office of Deputy Speaker is vacant or the
Deputy Speaker is for any reason unable to
perform the functions of his office and no other
person is performing them, the Clerk of the
Assembly.
(2) The Speaker or the Deputy Speaker may resign his
office by writing under his hand addressed to the National Assembly, and
the resignation shall take effect and the office shall accordingly become
vacant, when the writing is received by the Clerk of the Assembly.
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