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election, the Prime Minister advises the President that, owing to the
existence of a state of war involving the State or a state of emergency
in the State, it is necessary to recall Parliament, the President shall
summon the Parliament that has been dissolved to meet, but, subject
to the provisions of subsection (3) of this section, that general election
shall proceed.
(3) The National Assembly of a Parliament that has
been recalled may, by a resolution supported by the votes of not less
than two-thirds of all its members, extend the period of ninety days
specified in subsection (1) of this section for not more than a further
period of ninety days in respect of the next succeeding general
election, and on the passing of such a resolution any appointment
previously made with respect to the date on which that general
election shall be held or on which candidates therein shall be
nominated, shall cease to have effect.
(4) Where the seat of a member of the Assembly falls
vacant otherwise than by reason of a dissolution of Parliament -
(a) if the vacant seat is that of a Representative, a
by-election shall be held; or
(b) if the vacant seat is that of a Senator a
selection shall be made in accordance
with the provisions of subsection (7) of
this section.
(5) Whenever it has been determined under section
101 of this Constitution that the election of any person as a
Representative is invalid, the President shall issue a writ for the
holding of a by-election for the election of a Representative to fill the
vacancy. This by-election shall be held at such time, as the
President may appoint, within ninety days of the final decision of
the High Court or, if the determination was by the Court of Appeal,
within ninety days of the decision of the Court of Appeal.
(6) Whenever it has been determined under section
101 of this Constitution that the selection of any person as a Senator is
invalid, the affected political party shall advise the Electoral and
Boundaries Commission of the name of such new Senator to fill the
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