Section 52: Termination of appointment under the Constitution

52. Termination of appointment under the Constitution (1) Subject to subsections (2) and (3), where an appointment is terminated under section 92 or 113 of the Constitution, the holder of the office whose appointment is terminated shall— (a) where he has served for a period of 3 years or more, be eligible for compensation representing 3 months’ salary; (b) where he has served for a period of less than 3 years, be eligible for compensation representing one month’s salary. (2) Notwithstanding anything to the contrary in any agreement, no gratuity or severance allowance shall be payable to the holder of any office whose appointment is terminated under section 92 or 113 of the Constitution. (3) Where the holder of an office to which subsection (1) applies was, immediately before his appointment to that office, the holder of a public office or in employment with a local authority or statutory body— (a) he shall be entitled to resume his former office; or (b) where the former office is no longer vacant, he shall be deemed for the purposes of any other enactment to have retired from the office vacated on the ground of abolition of that office.