This part of the Constitution deals with the election of members of Parliament (MPs) generally and in a situation where the seat of a member of Parliament is declared vacant by a Court. Whenever a vacancy occurs in Parliament, the Clerk to Parliament is mandated to notify the Electoral Commission in writing within ten (10) days after the vacancy has arisen. Following this notification, a by-election is then organized and held within sixty days after the Electoral Commission has received notice of the vacancy from the Clerk to Parliament.
In a scenario where a seat of an MP is declared vacant by the Court, the Registrar of the Court is mandated to transmit to the Clerk to Parliament a copy of the Judgment of the Court within ten (10) days after the declaration. The Clerk then notifies the Electoral Commission in writing of the vacancy within (10) ten days after receiving the judgment from the Registrar.
This by-election as stated earlier, is only valid if held within 60 days after the Electoral Commission and it shall not be held within six (6) months before the holding of a general election of Parliament. This means that if a seat becomes vacant six (6) months towards the general election, a by-election cannot be held but instead, we would have to wait for the general election of Parliament to fill up the vacant seat.
The law also requires that every person elected to Parliament shall take and subscribe the oath of allegiance and the oath of Member of Parliament as specified by the Constitution and it expressly prohibits any person from sitting or voting in Parliament before taking and subscribing the oaths.