Powers of appointment and acting appointments

(1) Any reference in this Constitution to power to make appointments to any public office shall be construed as including a reference to the power to make appointments on promotion and transfer to that office and to the power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable to perform the functions of that office. (2) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person who is for the time being lawfully acting in or performing the functions of that office. (3) Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court of law on the ground that the holder of the office is unable to perform the functions of the office. (4) Where by this Constitution the Governor-General is required to appoint a person to act in, or otherwise to perform the functions of, an office established by this Constitution or a public office, either acting in his own deliberate judgment or on the advice of any person, such power of appointment shall not be exercised after the National Assembly has been dissolved in accordance with section 84 of this Constitution 150 prior to a general election of members of the House of Re-appointments