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Constitution
of the Federal Republic of Nigeria
1999
Arrangement of sections
Chapter I
General Provisions
Part I
Federal
Republic of Nigeria
| 1. |
Supremacy of constitution. |
2 |
The Federal Republic of Nigeria. |
3 |
States of the Federation and the Federal Capital Territory, Abuja. |
Part II
Powers
of the Federal Republic of Nigeria
4. |
Legislative powers. |
5 |
Executive powers. |
6 |
Judicial powers |
| 7. |
Local government system. |
8 |
New states and boundary adjustment, etc. |
9 |
Mode of altering provisions of the
constitution |
| 10. |
Prohibition of State Religion. |
11 |
Public order and public security. |
12 |
Implementation of treaties. |
Chapter II
Fundamental Objectives and directive Principles of State Policy
13. |
Fundamental obligations of the Government. |
14 |
The Government and the people |
15 |
Political objectives. |
| 16. |
Economic objectives. |
17 |
Social objectives. |
18 |
Educational objectives. |
| 19. |
Foreign policy objectives. |
20. |
Environmental objectives. |
21. |
Directive on Nigeria cultures |
| 22. |
Obligation of the mass media |
23. |
National ethics. |
24. |
Duties of the citizen. |
Chapter III
Citizenship
25. |
Citizenship by birth. |
26 |
Citizenship by registration. |
27 |
Citizenship by naturalisation. |
| 28. |
Dual citizenship. |
29 |
Renunciation of citizenship. |
30 |
Deprivation of citizenship. |
| 31. |
Persons deemed to be Nigerian citizens. |
32 |
Power to make regulations. |
|
|
Chapter IV
Fundamental Rights
33. |
Right to life. |
34 |
Right to dignity of human persons. |
35 |
Right to personal liberty. |
| 36. |
Right to fair hearing. |
37 |
Right to private and family life. |
38 |
Right to freedom of thought, conscience and
religion |
| 39. |
Right to freedom of expression and the press. |
40 |
Right to peaceful assembly and association. |
41 |
Right to freedom of movement. |
| 42 |
Right to freedom from discrimination. |
43 |
Right to acquire and own immovable property. |
44 |
Compulsory acquisition of property. |
| 45 |
Restriction on and derogation from fundamental
human rights. |
46 |
Special jurisdiction of High Court and Legal
aid. |
|
|
Chapter V
The Legislature
Part I
National
Assembly
A-Composition and Staff of National Assembly
47 |
Establishment of National Assembly. |
48 |
Composition of the Senate |
49 |
Composition of the House of Representatives. |
| 50 |
President of the senate and speaker of the
House of Representatives. |
51 |
Staff of the National Assembly. |
|
|
B-Procedure for Summoning and Dissolution of National Assembly
52 |
Declaration of assets and liabilities ;oath of
members. |
53 |
Presiding at sitting of the National Assembly
and at joint sittings. |
54 |
Quorum. |
| 55 |
Languages. |
56 |
Voting. |
57 |
Unqualified person sitting or voting. |
| 58 |
Mode of exercising Federal Legislative power:
general |
59 |
Mode of exercising Federal Legislative power:
money bills. |
60 |
Regulation of procedure |
| 61 |
Vacancy or participation of strangers not to
invalidate proceedings |
62 |
Committees |
63 |
Sittings |
| 64 |
Dissolution and issue of proclamations by
president. |
|
|
|
|
C - Qualifications for Membership of National Assembly and Right of
Attendance
65 |
Qualifications for election |
66 |
Disqualifications |
67 |
Right of attendance of President |
| 68 |
Tenure of Seat of Members |
69 |
Recall |
70 |
Remuneration |
D
- Elections to National Assembly
71 |
Senatorial districts and Federal
constituencies |
72 |
Size of Senatorial districts and Federal
constituencies. |
73 |
Periodical review of Senatorial districts and
Federal constituencies |
| 74 |
Time when alteration of senatorial districts
or Federal constituencies takes effects. |
75 |
Ascertainment of population |
76 |
Time of Election to the National Assembly |
| 77 |
Direct Election and franchise |
78 |
Supervision of election |
79 |
Power of the National Assembly as to determination of certain questions. |
E - Powers and Control over Public Funds
80 |
Establishment of Consolidated Revenue Fund |
81 |
Authorisation of expenditure from Consolidated
Revenue Fund |
82 |
Authorisation of expenditure in default
appropriations |
| 83 |
Contingencies Fund |
84 |
Remuneration, etc. of the President and
certain other officers |
85 |
Audit of Public accounts |
| 86 |
Appointment of Auditor-General |
87 |
Tenure of office of Auditor-General |
88 |
Power to conduct investigations |
| 89 |
Power as to matters of evidence |
|
|
|
|
Part II
House
of Assembly of a State
A -
Composition and Staff of House of Assembly
90 |
Establishment of House of assembly for each
State |
91 |
Composition of the House of Assembly |
92 |
Speaker of House of Assembly |
| 93 |
Staff of house of Assembly |
|
|
|
|
B - Procedure for Summoning and Dissolution of House of Assembly
94 |
Declaration of assets and liabilities; oaths
of members |
95 |
Presiding at sittings |
96 |
Quorum |
| 97 |
Languages |
98 |
Voting |
99 |
Unqualified person sitting or voting |
| 100 |
Mode of exercising legislative power of a
state |
101 |
Regulation of procedure |
102 |
Vacancy or participation of strangers not to
invalidate proceedings. |
| 103 |
Committees |
104 |
Sittings |
105 |
Dissolution and issue of proclamation by Governor |
C - Qualification for Membership of House of Assembly and Right of
Attendance
106 |
Qualifications for election |
107 |
Disqualifications |
108 |
Right of attendance of President |
| 109 |
Tenure of Seat of Members |
110 |
Recall |
111 |
Remuneration |
D
- Elections to a House of Assembly
112 |
State constituencies |
113 |
Size of state constituencies |
114 |
Periodical review of State constituencies |
| 115 |
Time when alteration of state constituencies
takes effect |
116 |
Time of elections to Houses of Assembly |
117 |
Direct election and franchise |
| 118 |
Supervision and election |
119 |
Power of National Assembly as to determination
of certain questions |
|
|
E - Powers and control over Public Funds
120 |
Establishment of Consolidated Revenue Fund |
121 |
Authorisation of expenditure from Consolidated
Revenue fund |
122 |
Authorisation of expenditure in default of
appropriations. |
| 123 |
Contingencies Fund |
124 |
Remuneration, etc. of the governor and certain
other officers |
125 |
Audit of Public accounts |
| 126 |
Appointment of Auditor-General |
127 |
Tenure of office of Auditor-General |
128 |
Power to conduct investigations |
| 129 |
Power as to matters of evidence. |
|
|
|
|
Chapter VI
The Executive
Part I
Federal Executive
A-The
President of the Federation
130 |
Establishment of the office of President |
131 |
Qualification for election as President |
132 |
Election of the President: general |
| 133 |
Election: single presidential candidate |
134 |
Election: two or more presidential candidates |
135 |
Tenure of office of President |
| 136 |
Death, etc. of president-elect before oath of office. |
137 |
Disqualifications. |
138 |
President: disqualification from other jobs. |
| 139 |
Determination of certain questions relating to
election |
140 |
Declaration of assets and liabilities; oaths
of President. |
141 |
Establishment of office of Vice-President |
| 142 |
Nomination and election of Vice-President |
143 |
Removal of President from office |
144 |
Permanent incapacity of President or
Vice-President. |
| 145 |
Acting President during temporary absence of
President |
146 |
Discharge of functions of President |
147 |
Ministers of federal Government |
| 148 |
Executive Responsibilities of Ministers |
149 |
Declaration of Assets and liabilities; oaths
of Ministers. |
150 |
Attorney-General of the Federation |
| 151 |
Special Advisers. |
152 |
Declaration of assets and Liabilities; oaths
of special Adviser. |
|
|
B
- Establishment of Certain Federal Executive Bodies
153 |
Federal Commissions and Councils, etc. |
154 |
Appointment of Chairman and members |
155 |
Tenure of office of members. |
| 156 |
Qualification for membership. |
157 |
Removal of members. |
158 |
Independence of certain bodies |
| 159 |
Quorum and decisions |
160 |
Powers and Procedure. |
161 |
Interpretation. |
C -
Public Revenue
162 |
Distributable pool account |
163 |
Allocation of other revenues |
164 |
Federal grants-in-aid of State revenue. |
| 165 |
Cost of collection of certain duties |
166 |
Set-off. |
167 |
Sums charged on consolidated Revenue Fund. |
| 168 |
Provisions with regard to payments |
|
|
|
|
D
- The Public Service of the Federation
169 |
Establishment of civil service of the
Federation |
170 |
Federal Civil service Commission: power to
delegate functions |
171 |
Presidential appointments |
| 172 |
Code of Conduct |
173 |
Protection of pension rights. |
174 |
Public persecutions |
| 175 |
Prerogative of mercy. |
|
|
|
|
Part II
State Executive
A - The
Governor of a State
176 |
Establishment of office of Governor |
177 |
Qualification for election as Governor |
178 |
Election of Governor: general. |
| 179 |
Election: single candidate and two or more
candidates |
180 |
Tenure of office of Governor |
181 |
Death, etc. of Governor before oath of office. |
| 182 |
Disqualifications |
183 |
Governor: disqualification from other jobs. |
184 |
Determination of certain questions relating to
elections. |
| 185 |
Declaration of assets and liabilities; oaths
of office of Governor. |
186 |
Establishment of the office of the Deputy
Governor |
187 |
Nomination and election of the Deputy Governor |
| 188 |
Removal of Governor or Deputy Governor from
office. |
189 |
Permanent incapacity of Governor or Deputy
Governor. |
190 |
Acting governor during temporary absence of
Governor. |
| 191 |
Discharge of functions of Governor. |
192 |
Commissioners of State Government. |
193 |
Executive responsibilities of Deputy Governor
and Commissioners. |
| 194 |
Declaration of assets and liabilities; oaths
of Commissioners |
195 |
Attorney-General of a State |
196 |
Special Advisers |
B
- Establishment of Certain State Executive Bodies
197 |
State Commissioners |
198 |
Appointment of Chairman and members. |
199 |
Tenure of office of the members. |
| 200 |
Qualification for membership |
201 |
Removal of members. |
202 |
Independence of certain bodies. |
| 203 |
Quorum and decisions. |
204 |
Powers and procedure |
205 |
Interpretation |
C - The
Public Service of State
206 |
Establishment of State Civil Service |
207 |
State Civil Service Commission: Power of
delegation |
208 |
Appointments by Governor |
| 209 |
Code of Conduct. |
210 |
Protection of pension rights. |
211 |
Public prosecutions |
| 212 |
Prerogative of mercy |
|
|
|
|
Part
III
Supplemental
A -
National Population Census
213 |
National Population census |
|
|
|
|
B - Nigeria
Police Force
214 |
Establishment of Nigeria Police Force. |
215 |
Appointment of Inspector-General and control
of Nigeria Police Force. |
216 |
Delegation of powers to the Inspector-General of Police |
C -
Armed Forces of the Federation
217 |
Establishment and composition of the armed
force of the Federation |
218 |
Command and operational use |
219 |
Establishment of body to ensure federal
character of armed forces |
| 220 |
Compulsory military service. |
|
|
|
|
D - Political
Parties
221 |
Prohibition of political activities by certain
associations. |
222 |
Restrictions on formation of political parties |
223 |
Constitution and rules of political parties. |
| 224 |
Aims and objectives |
225 |
Finances of political parties. |
226 |
Annual reports on finances |
| 227 |
Prohibition of quasi-military organisations. |
228 |
Powers of the national assembly with respect
to political parties. |
229 |
Interpretation. |
Chapter VII
The Judicature
Part I
Federal
Courts
A - The
Supreme Court of Nigeria
230 |
Establishment of the Supreme Court of Nigeria |
231 |
Appointment of Chief justices of Nigeria and
justices of the Supreme Court |
232 |
Original jurisdiction. |
| 233 |
Appellate jurisdiction. |
234 |
Constitution |
235 |
Finality of determinations |
| 236 |
Practice and procedure |
|
|
|
|
B - The Court of
Appeal
237 |
Establishment of Court of Appeal |
238 |
Appointment of President and Justices of the
Court of Appeal. |
239 |
Original jurisdiction |
| 240 |
Appellate jurisdiction |
241 |
Appeals as of rights from the Federal high
Court or a High Court. |
242 |
Appeals with leave. |
| 243 |
Exercise of the rights of appeal from the
Federal High Court of a High Court in civil and criminal matters. |
244 |
Appeals from Sharia court of Appeal |
245 |
Appeals from customary court of appeal. |
| 246 |
Appeal from Code of Conduct Tribunal and other
courts and tribunals |
247 |
Constitution |
248 |
Practice and procedure. |
C - The
Federal High Court
249 |
Establishment of the Federal High Court. |
250 |
Appointment of Chief Judge and Judges of the
federal high Court. |
251 |
Jurisdiction |
| 252 |
Powers |
253 |
Constitution. |
254 |
Practice and procedure |
D - The
High Court of the Federal Capital Territory, Abuja
255 |
Establishment of the High Court of the Federal
Capital Territory, Abuja. |
256 |
Appointment of Chief Judge and Judges of the
High Court of the Federal Capital Territory, Abuja. |
257 |
Jurisdiction. |
| 258 |
Constitution. |
259 |
Practice and procedure |
|
|
E
- The Sharia Court of Appeal of the Federal Capital Territory, Abuja
260 |
Establishment of the Sharia Court of Appeal of
the Federal Capital Territory, Abuja. |
261 |
Appointment of Grand Kadi and Kadis of the
Sharia Court of Appeal of the Federal Capital Territory, Abuja. |
262 |
Jurisdiction. |
| 263 |
Constitution. |
264 |
Practice and Procedure |
|
|
F
- The Customary Court of appeal of the Federal Capital Territory, Abuja
265 |
Establishment of the Customary Court of Appeal
of the Federal Capital Territory, Abuja. |
266 |
Appointment of President and Judges of Court
of Appeal of the Federal Capital Territory, Abuja. |
267 |
Jurisdiction. |
| 268 |
Constitution. |
269 |
Practice and Procedure |
|
|
Part II
State Courts
A -
High Court of a State
270 |
Establishment of a High Court for each State. |
271 |
Appointment of Chief Judge and Judges of the
High Court of a State. |
272 |
Jurisdiction. |
| 273 |
Constitution. |
274 |
Practice and Procedure |
|
|
B -
Sharia Court of Appeal of a State
275 |
Establishment of Sharia Court of Appeal. |
276 |
Appointment of Grand Kadi and Kadis of the
Sharia Court of Appeal of a State. |
277 |
Jurisdiction. |
| 278 |
Constitution. |
279 |
Practice and Procedure |
|
|
C
- Customary Court of Appeal of a State
280 |
Establishment of a Customary Court of Appeal. |
281 |
Appointment of President and Judges of the
Customary Court of Appeal of a State. |
282 |
Jurisdiction. |
| 283 |
Constitution. |
284 |
Practice and Procedure |
|
|
Part
III
Election
Tribunals
| 285 |
Establishment and jurisdiction of election
tribunals. |
|
|
|
|
Part IV
Supplemental
| 286 |
Jurisdiction of state courts in respect of
federal causes |
287 |
Enforcement of decisions. |
288 |
Appointment of persons leaned in Islamic
personal law and Customary law |
| 289 |
Disqualification of certain legal
practitioners. |
290 |
Declaration of assets and liabilities: oaths
of judicial officers. |
291 |
Tenure of office and pension rights of
judicial officers. |
| 292 |
Removal of other judicial officers from
office. |
293 |
Vacancies |
294 |
Determination of causes and matters |
| 295 |
Reference of questions of law. |
296 |
Interpretation |
|
|
Chapter VIII
Federal Capital Territory, Abuja and General Supplementary Provisions
Part I
Federal
Capital Territory, Abuja
297 |
Federal Capital territory, Abuja: ownership of
lands. |
298 |
Capital of the federation |
299 |
Application of Constitution. |
| 300 |
Representation in the National Assembly |
301 |
Adaptation of certain references. |
302 |
Minister of Federal Capital territory, Abuja. |
| 303 |
Administration of the Federal Capital
territory, Abuja. |
304 |
Establishment of the Judicial Service
Committee of the Federal Capital territory, Abuja |
|
|
Part II
Miscellaneous
Provisions
305 |
Procedure for proclamation of state of
emergency |
306 |
Resignations. |
307 |
Restriction on certain citizens |
| 308 |
Restrictions on legal proceedings. |
|
|
|
|
Part
III
Transitional
Provisions and Savings
309 |
Citizenship |
310 |
Staff of legislative houses. |
311 |
Standing Orders |
| 312 |
Special provisions in respect of first
election. |
313 |
System of revenue allocation. |
314 |
Debts. |
| 315 |
Existing law. |
316 |
Existing offices, courts and authorities. |
317 |
Succession to property, rights, liabilities
and obligations. |
Part IV
Interpretation,
Citation and Commencement
318 |
Interpretation. |
319 |
Citation. |
320 |
Commencement. |
Schedules
First Schedule
Part I
States of the Federation
Part II
Definition
and Area Councils of Federal Capital Territory, Abuja
Second
Schedule
Part I
Exclusive Legislative List
Part II
Concurrent Legislative List
Part
III
Supplemental
and Interpretation
Third
Schedule
Part I
Federal Executive Bodies
Code of Conduct Bureau
Council of State
Federal Character Commission
Federal Civil Service Commission
Federal Judicial Service
Commission
Independent National
Electoral Commission
National Defence Council
National Economic Council
National Judicial Council
National Population Commission
National Security Council
Nigeria Police Council
Police Service Commission
Revenue Mobilisation
Allocation and Fiscal Commission.
Part II
State Executive Bodies
State Civil Service Commission
State Independent Electoral
Commission
State Judicial Service
Commission.
Part
III
Federal
Capital Territory, Abuja Executive Body
Judicial Service Committee of the Federal
Capital Territory, Abuja
Fourth
Schedule
Functions of a Local Council
Fifth
Schedule
Part I
Code of Conduct for Public officers
General
Code of Conduct Tribunal
Interpretation
Part II
Public
Officers for the Purposes of the Code of Conduct
Sixth
Schedule
Election Tribunals
National Assembly Election Tribunal
Governorship and Legislative Houses
Election tribunal
Seventh
Schedule
Oaths
Oaths
of Allegiance
Oath of
Office of President
Oath of
Office of Governor of a State
Oath of
Office of Vice-President, Deputy Governor, Minister, Commissioner or Special Adviser
Oath of
a Member of the National Assembly or of a House of Assembly
Judicial
Oath

Constitution
of the Federal Republic of Nigeria
1999
We the people of the Federal Republic of Nigeria
Having firmly and solemnly resolve, to live in unity and harmony as one
indivisible and indissoluble sovereign nation under God, dedicated to the promotion of
inter-African solidarity, world peace, international co-operation and understanding
And to provide for a Constitution for the purpose of promoting the good
government and welfare of all persons in our country, on the principles of freedom,
equality and justice, and for the purpose of consolidating the unity of our people
Do hereby make, enact and give to ourselves the following Constitution:-
Back to Page
One
Chapter I
General
Provisions
Part
I
Federal
Republic of Nigeria
1.
(1) This Constitution is supreme and its provisions
shall have binding force on the authorities and persons throughout the Federal Republic of
Nigeria.
(2) The
Federal Republic of Nigeria shall not be governed, nor shall any persons or group of
persons take control of the Government of Nigeria or any part thereof, except in
accordance with the provisions of this Constitution.
(3) If any other
law is inconsistent with the provisions of this Constitution, this Constitution shall
prevail, and that other law shall, to the extent of the inconsistency, be void.
2. (1) Nigeria is one
indivisible and indissoluble sovereign state to be known by the name of the Federal
Republic of Nigeria.
(2) Nigeria
shall be a Federation consisting of States and a Federal Capital Territory.
3. (1) There shall be 36
states in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa,
Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna,
Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau,
Rivers, Sokoto, Taraba, Yobe and Zamfara.
(2) Each
state of Nigeria, named in the first column of Part I of the First Schedule to this
Constitution, shall consist of the area shown opposite thereto in the second column of
that Schedule.
(3) The
headquarters of the Governor of each State shall be known as the Capital City of that
State as shown in the third column of the said Part I of the First Schedule opposite the
State named in the first column thereof.
(4) The Federal
Capital Territory, Abuja, shall be as defined in Part II of the First Scheduled to this
Constitution.
(5) The provisions
of this Constitution in Part I of Chapter VIII hereof shall in relation to the Federal
Capital Territory, Abuja, have effect in the manner set out thereunder.
(6) There shall be
768 Local Government Areas in Nigeria as shown in the second column of Part I of the First
Schedule to this Constitution and six area councils as shown in Part II of that Schedule.
Back to Page One
Part
II
Powers of the Federal Republic of Nigeria
4.
(1) The legislative powers of the Federal Republic
of Nigeria shall be vested in a National Assembly for the Federation, which shall consist
of a Senate and a House of Representatives.
(2) The
National Assembly shall have power to make laws for the peace, order and good government
of the Federation or any part thereof with respect to any matter included in the Exclusive
Legislative List set out in Part I of the Second Schedule to this Constitution.
(3) The power of
the National Assembly to make laws for the peace, order and good government of the
Federation with respect to any matter included in the Exclusive Legislative List shall,
save as otherwise provided in this Constitution, be to the exclusion of the Houses of
Assembly of States.
(4) In addition
and without prejudice to the powers conferred by subsection (2) of this section, the
National Assembly shall have power to make laws with respect to the following matters,
that is to say:-
(a) any
matter in the Concurrent Legislative List set out in the first column of Part II of the
Second Schedule to this Constitution to the extent prescribed in the second column
opposite thereto; and
(b) any other
matter with respect to which it is empowered to make laws in accordance with the
provisions of this Constitution.
(5) If any
Law enacted by the House of Assembly of a State is inconsistent with any law validly made
by the National Assembly, the law made by the National Assembly shall prevail, and that
other Law shall, to the extent of the inconsistency, be void.
(6) The
legislative powers of a State of the Federation shall be vested in the House of Assembly
of the State.
(7) The House of
Assembly of a State shall have power to make laws for the peace, order and good government
of the State or any part thereof with respect to the following matters, that is to say:-
(a) any
matter not included in the Exclusive Legislative List set out in Part I of the Second
Schedule to this Constitution.
(b) any matter
included in the Concurrent Legislative List set out in the first column of Part II of the
Second Schedule to this Constitution to the extent prescribed in the second column
opposite thereto; and
(c) any other
matter with respect to which it is empowered to make laws in accordance with the
provisions of this Constitution.
(8) Save as
otherwise provided by this Constitution, the exercise of legislative powers by the
National Assembly or by a House of Assembly shall be subject to the jurisdiction of courts
of law and of judicial tribunals established by law, and accordingly, the National
Assembly or a House of Assembly shall not enact any law, that ousts or purports to oust
the jurisdiction of a court of law or of a judicial tribunal established by law.
(9)
Notwithstanding the foregoing provisions of this section, the National Assembly or a House
of Assembly shall not, in relation to any criminal offence whatsoever, have power to make
any law which shall have retrospective effect.
5. (1) Subject to the
provisions of this Constitution, the executive powers of the Federation:
(a) shall
be vested in the President and may subject as aforesaid and to the provisions of any law
made by the National Assembly, be exercised by him either directly or through the
Vice-President and Ministers of the Government of the Federation or officers in the public
service of the Federation; and
(b) shall extend
to the execution and maintenance of this Constitution, all laws made by the National
Assembly and to all matters with respect to which the National Assembly has, for the time
being, power to make laws.
(2) Subject
to the provisions of this Constitution, the executive powers of a State:
(a) shall
be vested in the Governor of that State and may, subject as aforesaid and to the
provisions of any Law made by a House of Assembly, be exercised by him either directly or
through the Deputy Governor and Commissioners of the Government of that State or officers
in the public service of the State; and
(b) shall extend
to the execution and maintenance of this Constitution, all laws made by the House of
Assembly of the State and to all matters with respect to which the House of Assembly has
for the time being power to make laws.
(3) The
executive powers vested in a State under subsection (2) of this section shall be so
exercised as not to:-
(a) impede
or prejudice the exercise of the executive powers of the Federation;
(b) endanger any
asset or investment of the Government of the Federation in that State; or
(c) endanger the
continuance of a Federal Government in Nigeria.
(4)
Notwithstanding the foregoing provisions of this section:-
(a) the
President shall not declare a state of war between the Federation and another country
except with the sanction of a resolution of both Houses of the National Assembly, sitting
in a joint session; and
(b) except with
the prior approval of the Senate, no member of the armed forces of the Federation shall be
deployed on combat duty outside Nigeria.
(5)
Notwithstanding the provisions of subsection (4) of this section, the President, in
consultation with the National Defence Council, may deploy members of the armed forces of
the Federation on a limited combat duty outside Nigeria if he is satisfied that the
national security is under imminent threat or danger:
Provided that the President shall, within seven days of
actual combat engagement, seek the consent of the Senate and the Senate shall thereafter
give or refuse the said consent within 14 days.
6. (1) The judicial powers
of the Federation shall be vested in the courts to which this section relates, being
courts established for the Federation.
(2) The
judicial powers of a State shall be vested in the courts to which this section relates,
being courts established, subject as provided by this Constitution, for a State.
(3) The courts to
which this section relates, established by this Constitution for the Federation and for
the States, specified in subsection (5) (a) to (1) of this section, shall be the only
superior courts of record in Nigeria; and save as otherwise prescribed by the National
Assembly or by the House of Assembly of a State, each court shall have all the powers of a
superior court of record.
(4) Nothing in the
foregoing provisions of this section shall be construed as precluding:-
(a) the
National Assembly or any House of Assembly from establishing courts, other than those to
which this section relates, with subordinate jurisdiction to that of a High Court;
(b) the National
Assembly or any House of Assembly, which does not require it, from abolishing any court
which it has power to establish or which it has brought into being.
(5) This
section relates to:-
(a) the
Supreme Court of Nigeria;
(b) the Court of
Appeal;
(c) the Federal
High Court;
(d) the High Court
of the Federal Capital Territory, Abuja;
(e)
a
High
Court
of
a
State
(f)
the Sharia
Court of Appeal of the Federal Capital Territory, Abuja;
(g) a Sharia Court
of Appeal of a State;
(h) the Customary
Court of Appeal of the Federal Capital Territory, Abuja;
(i) a Customary
Court of Appeal of a State;
(j) such other
courts as may be authorised by law to exercise jurisdiction on matters with respect to
which the National Assembly may make laws; and
(k) such other
court as may be authorised by law to exercise jurisdiction at first instance or on appeal
on matters with respect to which a House of Assembly may make laws.
(6) The
judicial powers vested in accordance with the foregoing provisions of this section -
(a) shall
extend, notwithstanding anything to the contrary in this constitution,
to all inherent powers and sanctions of a court of law
(b) shall
extend, to all matters between persons, or between government or authority and to any
persons in Nigeria, and to all actions and proceedings relating thereto, for the
determination of any question as to the civil rights and obligations of that person;
(c) shall not
except as otherwise provided by this Constitution, extend to any issue or question as to
whether any act of omission by any authority or person or as to whether any law or any
judicial decision is in conformity with the Fundamental Objectives and Directive
Principles of State Policy set out in Chapter II of this Constitution;
(d) shall not, as
from the date when this section comes into force, extend to any action or proceedings relating
to any existing law made on or after 15th January, 1966 for determining any issue or
question as to the competence of any authority or person to make any such law.
7. (1) The system of local
government by democratically elected local government councils is under this Constitution
guaranteed; and accordingly, the Government of every State shall, subject to section 8 of
this Constitution, ensure their existence under a Law which provides for the
establishment, structure, composition, finance and functions of such councils.
(2) The
person authorised by law to prescribe the area over which a local government council may
exercise authority shall-
(a) define
such area as clearly as practicable; and
(b) ensure, to the
extent to which it may be reasonably justifiable that in defining such area regard is paid
to -
(i) the
common interest of the community in the area;
(ii) traditional
association of the community; and
(iii)
administrative convenience.
(3) it
shall be the duty of a local government council within the State to participate in
economic planning and development of the area referred to in subsection (2) of this
section and to this end an economic planning board shall be established by a Law enacted
by the House of Assembly of the State.
(4) The Government
of a State shall ensure that every person who is entitled to vote or be voted for at an
election to House of Assembly shall have the right to vote or be voted for at an election
to a local government council.
(5) The functions
to be conferred by Law upon local government council shall include those set out in the
Fourth Schedule to this Constitution.
(6) Subject to the
provisions of this Constitution -
(a) the
National Assembly shall make provisions for statutory allocation of public revenue to
local government councils in the Federation; and
(b) the House of
Assembly of a State shall make provisions for statutory allocation of public revenue to
local government councils within the State.
8. (1) An Act of the
National Assembly for the purpose of creating a new State shall only be passed if-
(a) a
request, supported by at least two-thirds majority of members (representing the area
demanding the creation of the new State) in each of the following, namely -
(i) the
Senate and the House of Representatives,
(ii) the House of
Assembly in respect of the area, and
(iii) the local
government councils in respect of the area,
is received by the National Assembly;
(b) a
proposal for the creation of the State is thereafter approved in a referendum by at least
two-thirds majority of the people of the area where the demand for creation of the State
originated;
(c) the result of
the referendum is then approved by a simple majority of all the States of the Federation
supported by a simple majority of members of the Houses of Assembly; and
(d) the proposal
is approved by a resolution passed by two-thirds majority of members of each House of the
National Assembly.
(2) An Act
of the National Assembly for the purpose of boundary adjustment of any existing State
shall only be passed if-
(a) a
request for the boundary adjustment, supported by two-thirds majority of members
(representing the area demanding and the area affected by the boundary adjustment) in each
of the following, namely-
(i) the
Senate and the House of Representatives,
(ii) the House of
Assembly in respect of the area, and
(iii) the local
government councils in respect of the area.
is received by the National Assembly; and
(b) a
proposal for the boundary adjustment is approved by -
(i) a
simple majority of members of each House of the National Assembly, and
(ii) a simple
majority of members of the House of Assembly in respect of the area concerned.
(3) A bill
for a Law of a House of Assembly for the purpose of creating a new local government area
shall only be passed if -
(a) a
request supported by at least two-thirds majority of members (representing the area
demanding the creation of the new local government area) in each of the following, namely
-
(i) the
House of Assembly in respect of the area, and
(ii) the local
government councils in respect of the area,
is received by the House of Assembly;
(b) a
proposal for the creation of the local government area is thereafter approved in a
referendum by at least two-thirds majority of the people of the local government area
where the demand for the proposed local government area originated;
(c) the result of
the referendum is then approved by a simple majority of the members in each local
government council in a majority of all the local government councils in the State; and
(d) the result of
the referendum is approved by a resolution passed by two-thirds majority of members of the
House of Assembly.
(4) A bill
for a Law of House of Assembly for the purpose of boundary adjustment of any existing
local government area shall only be passed if-
(a) a
request for the boundary adjustment is supported by two-thirds majority of members
(representing the area demanding and the area affected by the boundary adjustment) in each
of the following, namely -
(i) the
House of Assembly in respect of the area, and
(ii) the local
government council in respect of the area,
is received by the House of Assembly; and
(b)
a proposal for the boundary adjustment is approved
by a simple majority of members of the House of Assembly in respect of the area concerned.
(5) An Act
of the National Assembly passed in accordance with this section shall make consequential
provisions with respect to the names and headquarters of State or Local government areas
as provided in section 3 of this Constitution and in Parts I and II of the First Schedule
to this Constitution.
(6) For the
purpose of enabling the National Assembly to exercise the powers conferred upon it by
subsection (5) of this section, each House of Assembly shall, after the creation of more
local government areas pursuant to subsection (3) of this section, make adequate returns
to each House of the National Assembly
9. (1) The National
Assembly may, subject to the provision of this section, alter any of the provisions of
this Constitution.
(2) An Act
of the National Assembly for the altertion of this Constitution, not being an Act to which
section 8 of this Constitution applies, shall not be passed in either House of the
National Assembly unless the proposal is supported by the votes of not less than
two-thirds majority of all the members of that House and approved by resolution of the
Houses of Assembly of not less than two-thirds of all the States.
(3) An Act of the
National Assembly for the purpose of altering the provisions of this section, section 8 or
Chapter IV of this Constitution shall not be passed by either House of the National
Assembly unless the proposal is approved by the votes of not less than four-fifths
majority of all the members of each House, and also approved by resolution of the House of
Assembly of not less than two-third of all States.
(4) For the
purposes of section 8 of this Constitution and of subsections (2) and (3) of this section,
the number of members of each House of the National Assembly shall, notwithstanding any
vacancy, be deemed to be the number of members specified in sections 48 and 49 of this
Constitution.
10. The Government of the Federation or of a State shall not
adopt any religion as State Religion.
11. (1) The National
Assembly may make laws for the Federation or any part therefore with respect to the
maintenance and securing of public safety and public order and providing, maintaining and
securing of such supplies and service as may be designed by the National Assembly as
essential supplies and services.
(2) Nothing
in this section shall preclude a House of Assembly from making laws with respect to the
matter referred to in this section, including the provision for maintenance and securing
of such supplies and services as may be designated by the National Assembly as essential
supplies and services.
(3) During any
period when the Federation is at war the National Assembly may make such laws for the
peace, order and good government of the Federation or any part therefore with respect to
matters not included in the Exclusive Legislative List as may appear to it to be necessary
or expedient for the defence of the Federation.
(4) At any time
when any House of Assembly of a State is unable to perform its functions by reason of the
situation prevailing in that State, the National Assembly may make such laws for the
peace, order and good government of that State with respect to matters on which a House of
Assembly may make laws as may appear to the National Assembly to be necessary or expedient
until such time as the House of Assembly is able to resume its functions; and any such
laws enacted by the National Assembly pursuant to this section shall have effect as if
they were laws enacted by the House of Assembly of the State:
Provided that nothing in this section shall be construed
as conferring on the National Assembly power to remove the Governor or the Deputy Governor
of the State from office.
(5) For the
purposes of subsection (4) of this section, a House of Assembly shall not be deemed to be
unable to perform its functions so long as the House of Assembly can hold a meeting and
transact business.
12. (1) No treaty between
the Federation and any other country shall have the force of law to the extent to which
any such treaty has been enacted into law by the National Assembly.
(2) The
National Assembly may make laws for the Federation or any part thereof with respect to
matters not included in the he Exclusive Legislative List for the purpose of implementing
a treaty.
(3) A bill for an
Act of the National Assembly passed pursuant to the provisions of subsection (2) of this
section shall not be presented to the President for assent, and shall not be enacted
unless it is ratified by a majority of all the House of Assembly in the Federation.
Back to Page One
Chapter II
Fundamental
Objectives and Directive Principles of State Policy
13.
It shall be the duty and responsibility of all organs of government, and of all
authorities and persons, exercising legislative, executive or judicial powers, to conform
to, observe and apply the provisions of this Chapter of this Constitution.
14. (1) The Federal
Republic of Nigeria shall be a State based on the principles of democracy and social
justice.
(2) It is
hereby, accordingly, declared that:
(a)
sovereignty belongs to the people of Nigeria from whom government through this
Constitution derives all its powers and authority;
(b) the security
and welfare of the people shall be the primary purpose of government: and
(c) the
participation by the people in their government shall be ensured in accordance with the
provisions of this Constitution.
(3) The
composition of the Government of the Federation or any of its agencies and the conduct of
its affairs shall be carried out in such a manner as to reflect the federal character of
Nigeria and the need to promote national unity, and also to command national loyalty,
thereby ensuring that there shall be no predominance of persons from a few State or from a
few ethnic or other sectional groups in that Government or in any of its agencies.
(4) The
composition of the Government of a State, a local government council, or any of the
agencies of such Government or council, and the conduct of the affairs of the Government
or council or such agencies shall be carried out in such manner as to recognise the
diversity of the people within its area of authority and the need to promote a sense of
belonging and loyalty among all the people of the Federation.
15. (1) The motto of the
Federal Republic of Nigeria shall be Unity and Faith, Peace and Progress.
(2)
Accordingly, national integration shall be actively encouraged, whilst discrimination on
the grounds of place of origin, sex, religion, status, ethnic or linguistic association or
ties shall be prohibited.
(3) For the
purpose of promoting national integration, it shall be the duty of the State to:
(a) provide
adequate facilities for and encourage free mobility of people, goods and services
throughtout the Federation.
(b) secure full
residence rights for every citizen in all parts of the Federation.
(c) encourage
inter-marriage among persons from different places of origin, or of different religious,
ethnic or linguistic association or ties; and
(d) promote or
encourage the formation of associations that cut across ethnic, linguistic, religious and
or other sectional barriers.
(4) The
State shall foster a feeling of belonging and of involvement among the various people of
the Federation, to the end that loyalty to the nation shall override sectional loyalties.
(5) The State
shall abolish all corrupt practices and abuse of power.
16. (1) The State shall,
within the context of the ideals and objectives for which provisions are made in this
Constitution.
(a) harness
the resources of the nation and promote national prosperity and an efficient, a dynamic
and self-reliant economy;
(b) control the
national economy in such manner as to secure the maximum welfare, freedom and happiness of
every citizen on the basis of social justice and equality of status and opportunity;
(c) without
prejudice to its right to operate or participate in areas of the economy, other than the
major sectors of the economy, manage and operate the major sectors of the economy;
(d) without
prejudice to the right of any person to participate in areas of the economy within the
major sector of the economy, protect the right of every citizen to engage in any economic
activities outside the major sectors of the economy.
(2) The
State shall direct its policy towards ensuring:
(a) the promotion of a planned and balanced economic
development;
(b) that
the material resources of the nation are harnessed and distributed as best as possible to
serve the common good;
(c) that the
economic system is not operated in such a manner as to permit the concentration of wealth
or the means of production and exchange in the hands of few individuals or of a group; and
(d) that suitable
and adequate shelter, suitable and adequate food, reasonable national minimum living wage,
old age care and pensions, and unemployment, sick benefits and welfare of the disabled are
provided for all citizens.
(3) A body
shall be set up by an Act of the National Assembly which shall have power;
(a) to
review, from time to time, the ownership and control of business enterprises operating in
Nigeria and make recommendations to the President on same; and
(b) to administer
any law for the regulation of the ownership and control of such enterprises.
(4) For the
purposes of subsection (1) of this section -
(a) the
reference to the "major sectors of the economy" shall be construed as a
reference to such economic activities as may, from time to time, be declared by a
resolution of each House of the National Assembly to be managed and operated exclusively
by the Government of the Federation, and until a resolution to the contrary is made by the
National Assembly, economic activities being operated exclusively by the Government of the
Federation on the date immediately preceding the day when this section comes into force,
whether directly or through the agencies of a statutory or other corporation or company,
shall be deemed to be major sectors of the economy;
(b) "economic
activities" includes activities directly concerned with the production, distribution
and exchange of weather or of goods and services; and
(c)
"participate" includes the rendering of services and supplying of goods.
17. (1) The State social
order is founded on ideals of Freedom, Equality and Justice.
(2) In
furtherance of the social order-
(a) every
citizen shall have equality of rights, obligations and opportunities before the law;
(b) the sanctity
of the human person shall be recognised and human dignity shall be maintained and
enhanced;
(c) governmental
actions shall be humane;
(d) exploitation
of human or natural resources in any form whatsoever for reasons, other than the good of
the community, shall be prevented; and
(e) the
independence, impartiality and integrity of courts of law, and easy accessibility thereto
shall be secured and maintained.
(3) The
State shall direct its policy towards ensuring that-
(a) all
citizens, without discrimination on any group whatsoever, have the opportunity for
securing adequate means of livelihood as well as adequate opportunity to secure suitable
employment;
(b) conditions of
work are just and humane, and that there are adequate facilities for leisure and for
social, religious and cultural life;
(c) the health,
safety and welfare of all persons in employment are safeguarded and not endangered or
abused;
(d) there are
adequate medical and health facilities for all persons:
(e) there is equal
pay for equal work without discrimination on account of sex, or on any other ground
whatsoever;
(f) children,
young persons and the age are protected against any exploitation whatsoever, and against
moral and material neglect;
(g) provision is
made for public assistance in deserving cases or other conditions of need; and
(h) the evolution
and promotion of family life is encouraged.
18. (1) Government shall
direct its policy towards ensuring that there are equal and adequate educational
opportunities at all levels.
(2)
Government shall promote science and technology
(3) Government
shall strive to eradicate illiteracy; and to this end Government shall as and when
practicable provide
(a) free,
compulsory and universal primary education;
(b) free secondary
education;
(c) free
university education; and
(d) free adult
literacy programme.
19. The foreign policy objectives shall be -
(a)
promotion and protection of the national interest;
(b) promotion of
African integration and support for African unity;
(c) promotion of
international co-operation for the consolidation of universal peace and mutual respect
among all nations and elimination of discrimination in all its manifestations;
(d) respect for
international law and treaty obligations as well as the seeking of settlement of
international disputes by negotiation, mediation, conciliation, arbitration and
adjudication; and
(e) promotion of a
just world economic order.
20. The State shall protect and improve the environment and
safeguard the water, air and land, forest and wild life of Nigeria.
21. The State shall -
(a)
protect, preserve and promote the Nigerian cultures which enhance human dignity and are
consistent with the fundamental objectives as provided in this Chapter; and
(b) encourage
development of technological and scientific studies which enhance cultural values.
22. The press, radio, television and other agencies of the mass
media shall at all times be free to uphold the fundamental objectives contained in this
Chapter and uphold the responsibility and accountability of the Government to the people.
23. The national ethics shall be Discipline, Integrity, Dignity
of Labour, Social, Justice, Religious Tolerance, Self-reliance and Patriotism.
24. It shall be the duty of every citizen to -
(a) abide
by this Constitution, respect its ideals and its institutions, the National Flag, the
National Anthem, the National Pledge, and legitimate authorities;
(b) help to
enhance the power, prestige and good name of Nigeria, defend Nigeria and render such
national service as may be required;
(c) respect the
dignity of other citizens and the rights and legitimate interests of others and live in
unity and harmony and in the spirit of common brotherhood;
(d) make positive
and useful contribution to the advancement, progress and well-being of the community where
he resides;
(e) render
assistance to appropriate and lawful agencies in the maintenance of law and order; and
(f) declare his
income honestly to appropriate and lawful agencies and pay his tax promptly.
Back to Page One
Chapter III
Citizenship
25.
(1) The following persons are citizens of Nigeria by
birth-namely-
(a) every
person born in Nigeria before the date of independence, either of whose parents or any of
whose grandparents belongs or belonged to a community indigenous to Nigeria;
Provided that a person shall not become a citizen of
Nigeria by virtue of this section if neither of his parents nor any of his grandparents
was born in Nigeria.
(b) every
person born in Nigeria after the date of independence either of whose parents or any of
whose grandparents is a citizen of Nigeria; and
(c) every person
born outside Nigeria either of whose parents is a citizen of Nigeria.
(2) In this
section, "the date of independence" means the 1st day of October 1960.
26. (1) Subject to the
provisions of section 28 of this Constitution, a person to whom the provisions of this
section apply may be registered as a citizen of Nigeria, if the President is satisfied
that -
(a) he is a
person of good character;
(b) he has shown a
clear intention of his desire to be domiciled in Nigeria; and
(c) he has taken
the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution.
(2) the
provisions of this section shall apply to-
(a) any
woman who is or has been married to a citizen of Nigeria; or
(b) every person
of full age and capacity born outside Nigeria any of whose grandparents is a citizen of
Nigeria.
27. (1) Subject to the
provisions of section 28 of this Constitution, any person who is qualified in accordance
with the provisions of this section may apply to the President for the same of a
certificate of naturalisation.
(2) No
person shall be qualified to apply for the grant of a certificate or naturalisation,
unless he satisfies the President that -
(a) he is a
person of full age and capacity;
(b) he is a person
of good character;
(c) he has shown a
clear intention of his desire to be domiciled in Nigeria;
(d) he is, in the
opinion of the Governor of the State where he is or he proposes to be resident, acceptable
to the local community in which he is to live permanently, and has been assimilated into
the way of life of Nigerians in that part of the Federation;
(e) he is a person
who has made or is capable of making useful contribution to the advancement; progress and
well-being of Nigeria;
(f) he has taken
the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution; and
(g) he has,
immediately preceding the date of his application, either-
(i) resided
in Nigeria for a continuous period of fifteen years; or
(ii) resided in
Nigeria continuously for a period of twelve months, and during the period of twenty years
immediately preceding that period of twelve months has resided in Nigeria for periods
amounting in the aggregate to not less than fifteen years.
28. (1) Subject to the
other provisions of this section, a person shall forfeit forthwith his Nigerian
citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the
citizenship or nationality of a country, other than Nigeria, of which he is not a citizen
by birth.
(2) Any
registration of a person as a citizen of Nigeria or the grant of a certificate of
naturalisation to a person who is a citizen of a country other than Nigeria at the time of
such registration or grant shall, if he is not a citizen by birth of that other country,
be conditional upon effective renunciation of the citizenship or nationality of that other
country within a period of not more than five months from the date of such registration or
grant.
29. (1) Any citizen of
Nigeria of full age who wishes to renounce his Nigerian citizenship shall make a
declaration in the prescribed manner for the renunciation.
(2) The
President shall cause the declaration made under subsection (1) of this section to be
registered and upon such registration, the person who made the declaration shall cease to
be a citizen of Nigeria.
(3) The President
may withhold the registration of any declaration made under subsection (1) of this section
if-
(a) the
declaration is made during any war in which Nigeria is physically involved; or
(b) in his
opinion, it is otherwise contrary to public policy.
(4) For the
purposes of subsection (1) of this section.
(a)
"full age" means the age of eighteen years and above;
(b) any woman who
is married shall be deemed to be of full age.
30. (1) The President may
deprive a person, other than a person who is a citizen of Nigeria by birth or by
registration, of his citizenship, if he is satisfied that such a person has, within a
period of seven years after becoming naturalised, been sentenced to imprisonment for a
term of not less than three years.
(2) The
President shall deprive a person, other than a person who is citizen of Nigeria by birth,
of his citizenship, if he is satisfied from the records of proceedings of a court of law
or other tribunal or after due inquiry in accordance with regulations made by him, that -
(a) the
person has shown himself by act or speech to be disloyal towards the Federal Republic of
Nigeria; or
(b) the person
has, during any war in which Nigeria was engaged, unlawfully traded with the enemy or been
engaged in or associated with any business that was in the opinion of the president
carried on in such a manner as to assist the enemy of Nigeria in that war, or unlawfully
communicated with such enemy to the detriment of or with intent to cause damage to the
interest of Nigeria.
31. For the purposes of this Chapter, a parent or grandparent of
a person shall be deemed to be a citizen of Nigeria if at the time of the birth of that
person such parent or grandparent would have possessed that status by birth if he had been
alive on the date of independence; and in this section, "the date of
independence" has the meaning assigned to it in section 25 (2) of this Constitution.
32. (1) The president may make regulations, not inconsistent with this
Chapter, prescribing all matters which are required or permitted to be prescribed or which
are necessary or convenient to be prescribed for carrying out or giving effect to the
provisions of this Chapter, and for granting special immigrant status with full
residential rights to non-Nigerian spouses of citizens of Nigeria who do not wish to
acquire Nigerian citizenship.
(2) Any
regulations made by the president pursuant to the provisions of this section shall be laid
before the National Assembly.
Back to Page One
Chapter IV
Fundamental
Rights
33.
(1) Every person has a right to life, and no one
shall be deprived intentionally of his life, save in execution of the sentence of a court
in respect of a criminal offence of which he has been found guilty in Nigeria.
(2) A
person shall not be regarded as having been deprived of his life in contravention of this
section, if he dies as a result of the use, to such extent and in such circumstances as
are permitted by law, of such force as is reasonably necessary -
(a) for the
defence of any person from unlawful violence or for the defence of property:
(b) in order to
effect a lawful arrest or to prevent the escape of a person lawfully detained; or
(c) for the
purpose of suppressing a riot, insurrection or mutiny.
34. (1) Every individual
is entitled to respect for the dignity of his person, and accordingly -
(a) no
person shall be subject to torture or to inhuman or degrading treatment;
(b) no person
shall he held in slavery or servitude; and
(c) no person
shall be required to perform forced of compulsory labour.
(2) for the
purposes of subsection (1) (c) of this section, "forced or compulsory labour"
does not include -
(a) any
labour required in consequence of the sentence or order of a court;
(b) any labour
required of members of the armed forces of the Federation or the Nigeria Police Force in
pursuance of their duties as such;
(c) in the case of
persons who have conscientious objections to service in the armed forces of the
Federation, any labour required instead of such service;
(d) any labour
required which is reasonably necessary in the event of any emergency or calamity
threatening the life or well-being of the community; or
(e) any labour or
service that forms part of -
(i) normal
communal or other civic obligations of the well-being of the community.
(ii) such
compulsory national service in the armed forces of the Federation as may be prescribed by
an Act of the National Assembly, or
(iii) such
compulsory national service which forms part of the education and training of citizens of
Nigeria as may be prescribed by an Act of the National Assembly.
35. (1) Every person shall be
entitled to his personal liberty and no person shall be deprived of such liberty save in
the following cases and in accordance with a procedure permitted by law -
(a) in
execution of the sentence or order of a court in respect of a criminal offence of which he
has been found guilty;
(b) by reason of
his failure to comply with the order of a court or in order to secure the fulfilment of
any obligation imposed upon him by law;
(c) for the
purpose of bringing him before a court in execution of the order of a court or upon
reasonable suspicion of his having committed a criminal offence, or to such extent as may
be reasonably necessary to prevent his committing a criminal offence;
(d) in the case of
a person who has not attained the age of eighteen years for the purpose of his education
or welfare;
(e) in the case of
persons suffering from infectious or contagious disease, persons of unsound mind, persons
addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or
the protection of the community; or
(f) for the
purpose of preventing the unlawful entry of any person into Nigeria or of effecting the
expulsion, extradition or other lawful removal from Nigeria of any person or the taking of
proceedings relating thereto:
Provided that a person who is charged with an offence
and who has been detained in lawful custody awaiting trial shall not continue to be kept
in such detention for a period longer than the maximum period of imprisonment prescribed
for the offence.
(2) Any
person who is arrested or detained shall have the right to remain silent or avoid
answering any question until after consultation with a legal practitioner or any other
person of his own choice.
(3) Any person who
is arrested or detained shall be informed in writing within twenty-four hours (and in a
language that he understands) of the facts and grounds for his arrest or detention.
(4) Any person who
is arrested or detained in accordance with subsection (1) (c) of this section shall be
brought before a court of law within a reasonable time, and if he is not tried within a
period of -
(a) two
months from the date of his arrest or detention in the case of a person who is in custody
or is not entitled to bail; or
(b) three months
from the date of his arrest or detention in the case of a person who has been released on
bail, he shall (without prejudice to any further proceedings that may be brought against
him) be released either unconditionally or upon such conditions as are reasonably
necessary to ensure that he appears for trial at a later date.
(5) In
subsection (4) of this section, the expression "a reasonable time" means -
(a) in the
case of an arrest or detention in any place where there is a court of competent
jurisdiction within a radius of forty kilometres, a period of one day; and
(b) in any other
case, a period of two days or such longer period as in the circumstances may be considered
by the court to be reasonable.
(6) Any
person who is unlawfully arrested or detained shall be entitled to compensation and public
apology from the appropriate authority or person; and in this subsection, "the
appropriate authority or person" means an authority or person specified by law.
(7) Nothing in
this section shall be construed -
(a) in
relation to subsection (4) of this section, as applying in the case of a person arrested
or detained upon reasonable suspicion of having committed a capital offence; and
(b) as
invalidating any law by reason only that it authorises the detention for a period not
exceeding three months of a member of the armed forces of the federation or a member of
the Nigeria Police Force in execution of a sentence imposed by an officer of the armed
forces of the Federation or of the Nigeria police force, in respect of an offence
punishable by such detention of which he has been found guilty.
36. (1) In the determination of
his civil rights and obligations, including any question or determination by or against
any government or authority, a person shall be entitled to a fair hearing within a
reasonable time by a court or other tribunal established by law and constituted in such
manner as to secure its independence and impartiality.
(2) Without prejudice to the
foregoing provisions of this section, a law shall not be invalidated by reason only that
it confers on any government or authority power to determine questions arising in the
administration of a law that affects or may affect the civil rights and obligations of any
person if such law -
(a) provides for an
opportunity for the persons whose rights and obligations may be affected to make
representations to the administering authority before that authority makes the decision
affecting that person; and
(b) contains no
provision making the determination of the administering authority final and conclusive.
(3) The
proceedings of a court or the proceedings of any tribunal relating to the matters
mentioned in subsection (1) of this section (including the announcement of the decisions
of the court or tribunal) shall be held in public.
(4) Whenever any
person is charged with a criminal offence, he shall, unless the charge is withdrawn, be
entitled to a fair hearing in public within a reasonable time by a court or tribunal:
Provided that -
(a) a court
or such a tribunal may exclude from its proceedings persons other than the parties thereto
or their legal practitioners in the interest of defence, public safety, public order,
public morality, the welfare of persons who have not attained the age of eighteen years,
the protection of the private lives of the parties or to such extent as it may consider
necessary by reason of special circumstances in which publicity would be contrary to the
interests of justice;
(b) if in any
proceedings before a court or such a tribunal, a Minister of the Government of the
Federation or a commissioner of the government of a State satisfies the court or tribunal
that it would not be in the public interest for any matter to be publicly disclosed, the
court or tribunal shall make arrangements for evidence relating to that matter to be heard
in private and shall take such other action as may be necessary or expedient to prevent
the disclosure of the matter.
(5) Every
person who is charged with a criminal offence shall be presumed to be innocent until he is
proved guilty;
Provided that nothing in this section shall invalidate
any law by reason only that the law imposes upon any such person the burden of proving
particular facts.
(6) Every
person who is charged with a criminal offence shall be entitled to -
(a) be
informed promptly in the language that he understands and in detail of the nature of the
offence;
(b) be given
adequate time and facilities for the preparation of his defence;
(c) defend himself
in person or by legal practitioners of his own choice;
(d) examine, in
person or by his legal practitioners, the witnesses called by the prosecution before any
court or tribunal and obtain the attendance and carry out the examination of witnesses to
testify on his behalf before the court or tribunal on the same conditions as those
applying to the witnesses called by the prosecution; and
(e) have, without
payment, the assistance of an interpreter if he cannot understand the language used at the
trial of the offence.
(7) When
any person is tried for any criminal offence, the court or tribunal shall keep a record of
the proceedings and the accused person or any persons authorised by him in that behalf
shall be entitled to obtain copies of the judgement in the case within seven days of the
conclusion of the case.
(8) No person
shall be held to be guilty of a criminal offence on account of any act or omission that
did not, at the time it took place, constitute such an offence, and no penalty shall be
imposed for any criminal offence heavier than the penalty in force at the time the offence
was committed
(9) No person who
shows that he has been tried by any court of competent jurisdiction or tribunal for a
criminal offence and either convicted or acquitted shall again be tried for that offence
or for a criminal offence having the same ingredients as that offence save upon the order
of a superior court.
(10) No person who
shows that he has been pardoned for a criminal offence shall again be tried for that
offence.
(11) No person who
is tried for a criminal offence shall be compelled to give evidence at the trial.
(12) Subject as
otherwise provided by this Constitution, a person shall not be convicted of a criminal
offence unless that offence is defined and the penalty therefor is prescribed in a written
law, and in this subsection, a written law refers to an Act of the National Assembly or a
Law of a State, any subsidiary legislation or instrument under the provisions of a law.
37. The privacy of citizens, their homes, correspondence,
telephone conversations and telegraphic communications is hereby guaranteed and protected.
38. (1) Every person shall
be entitled to freedom of thought, conscience and religion, including freedom to change
his religion or belief, and freedom (either alone or in community with others, and in
public or in private) to manifest and propagate his religion or belief in worship,
teaching, practice and observance.
(2) No
person attending any place of education shall be required to receive religious instruction
or to take part in or attend any religious ceremony or observance if such instruction
ceremony or observance relates to a religion other than his own, or religion not approved
by his parent or guardian.
(3) No religious
community or denomination shall be prevented from providing religious instruction for
pupils of that community or denomination in any place of education maintained wholly by
that community or denomination.
(4) Nothing in
this section shall entitle any person to form, take part in the activity or be a member of
a secret society.
39.
(1) Every person shall be entitled to
freedom of expression, including freedom to hold opinions and to receive and
impart ideas and information without interference.
(2)
Without prejudice to the generality of subsection (1) of this section,
every person shall be entitled to own, establish and operate any medium
for the dissemination of information, ideas and opinions:
Provided
that no person, other than the Government of the Federation or of a State
or any other person or body authorised by the President on the fulfilment
of conditions laid down by an Act of the National Assembly, shall own,
establish or operate a television or wireless broadcasting station for,
any purpose whatsoever.
(3)
Nothing in this section shall invalidate any law that is reasonably
justifiable in a democratic society -
(a)
for the purpose of preventing the disclosure. of information received in
confidence, maintaining the authority and independence of courts or
regulating telephony, wireless broadcasting, television or the
exhibition of cinematograph films; or
(b)
imposing restrictions upon persons holding office under the Government
of the Federation or of a State, members of the armed forces of the
Federation or members of the Nigeria Police Force or other Government
security services or agencies established by law.
40.
Every person shall be entitled to assemble freely and associate with other
persons, and in particular he may form or belong to any political party,
trade union or any other association for the protection of his interests:
Provided
that the provisions of this section shall not derogate from the powers
conferred by this Constitution on the Independent National Electoral
Commission with respect to political parties to which that Commission does
not accord recognition.
41. (1) Every citizen of
Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof,
and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit
therefrom.
(2) Nothing
in subsection (1) of this section shall invalidate any law that is reasonably justifiable
in a democratic society-
(a)
imposing restrictions on the residence or movement of any person who has committed or is
reasonably suspected to have committed a criminal offence in order to prevent him from
leaving Nigeria; or
(b) providing for
the removal of any person from Nigeria to any other country to:-
(i) be tried
outside Nigeria for any criminal offence, or
(ii) undergo
imprisonment outside Nigeria in execution of the sentence of a court of law in respect of
a criminal offence of which he has been found guilty:
Provided that there is reciprocal agreement between
Nigeria and such other country in relation to such matter.
42. (1) A citizen of
Nigeria of a particular community, ethnic group, place of origin, sex, religion or
political opinion shall not, by reason only that he is such a person:-
(a) be
subjected either expressly by, or in the practical application of, any law in force in
Nigeria or any executive or administrative action of the government, to disabilities or
restrictions to which citizens of Nigeria of other communities, ethnic groups, places of
origin, sex, religions or political opinions are not made subject; or
(b) be accorded
either expressly by, or in the practical application of, any law in force in Nigeria or
any such executive or administrative action, any privilege or advantage that is not
accorded to citizens of Nigeria of other communities, ethnic groups, places of origin,
sex, religions or political opinions.
(2) No
citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of
the circumstances of his birth.
(3) Nothing in
subsection (1) of this section shall invalidate any law by reason only that the law
imposes restrictions with respect to the appointment of any person to any office under the
State or as a member of the armed forces of the Federation or member of the Nigeria Police
Forces or to an office in the service of a body, corporate established directly by any law
in force in Nigeria.
43. Subject to the provisions of this Constitution, every
citizen of Nigeria shall have the right to acquire and own immovable property anywhere in
Nigeria.
44. (1) No moveable
property or any interest in an immovable property shall be taken possession of
compulsorily and no right over or interest in any such property shall be acquired
compulsorily in any part of Nigeria except in the manner and for the purposes prescribed
by a law that, among other things -
(a) requires the prompt payment of compensation
therefore and
(b) gives
to any person claiming such compensation a right of access for the determination of his
interest in the property and the amount of compensation to a court of law or tribunal or
body having jurisdiction in that part of Nigeria.
(2) Nothing
in subsection (1) of this section shall be construed as affecting any general law.
(a) for the
imposition or enforcement of any tax, rate or duty;
(b) for the
imposition of penalties or forfeiture for breach of any law, whether under civil process
or after conviction for an offence;
(c) relating to
leases, tenancies, mortgages, charges, bills of sale or any other rights or obligations
arising out of contracts.
(d) relating to
the vesting and administration of property of persons adjudged or otherwise declared
bankrupt or insolvent, of persons of unsound mind or deceased persons, and of corporate or
unincorporate bodies in the course of being wound-up;
(e) relating to
the execution of judgements or orders of court;
(f) providing for
the taking of possession of property that is in a dangerous state or is injurious to the
health of human beings, plants or animals;
(g) relating to
enemy property;
(h) relating to
trusts and trustees;
(i) relating to
limitation of actions;
(j) relating to
property vested in bodies corporate directly established by any law in force in Nigeria;
(k) relating to
the temporary taking of possession of property for the purpose of any examination,
investigation or enquiry;
(l) providing for
the carrying out of work on land for the purpose of soil-conservation; or
(m) subject to
prompt payment of compensation for damage to buildings, economic trees or crops, providing
for any authority or person to enter, survey or dig any land, or to lay, install or erect
poles, cables, wires, pipes, or other conductors or structures on any land, in order to
provide or maintain the supply or distribution of energy, fuel, water, sewage,
telecommunication services or other public facilities or public utilities.
(3)
Notwithstanding the foregoing provisions of this section, the entire property in and
control of all minerals, mineral oils and natural gas in under or upon any land in Nigeria
or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria
shall vest in the Government of the Federation and shall be managed in such manner as may
be prescribed by the National Assembly.
45. (1) Nothing in
sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is
reasonably justifiable in a democratic society
(a) in the interest of defence, public safety, public
order, public morality or public health; or
(b) for the
purpose of protecting the rights and freedom or other persons
(2) An act
of the National Assembly shall not be invalidated by reason only that it provides for the
taking, during periods of emergency, of measures that derogate from the provisions of
section 33 or 35 of this Constitution; but no such measures shall be taken in pursuance of
any such act during any period of emergency save to the extent that those measures are
reasonably justifiable for the purpose of dealing with the situation that exists during
that period of emergency:
Provided that nothing in this section shall authorise
any derogation from the provisions of section 33 of this Constitution, except in respect
of death resulting from acts of war or authorise any derogation from the provisions of
section 36(8) of this Constitution.
(3) In this
section, a " period of emergency" means any period during which there is in
force a Proclamation of a state of emergency declared by the President in exercise of the
powers conferred on him under section 305 of this Constitution.
46. (1) Any person who
alleges that any of the provisions of this Chapter has been, is being or likely to be
contravened in any State in relation to him may apply to a High Court in that State for
redress.
(2) Subject
to the provisions of this Constitution, a High Court shall have original jurisdiction to
hear and determine any application made to it in pursuance of this section and may make
such orders, issue such writs and give such directions as it may consider appropriate for
the purpose of enforcement or securing the enforcing within that State of any right to
which the person who makes the application may be entitled under this Chapter.
(3) The Chief
Justice of Nigeria may make rules with respect to the practice and procedure of a High
Court for the purposes of this section.
(4) The National
Assembly -
(a) may confer upon a High Court
such powers in addition to those conferred by this section as may appear to the National
Assembly to be necessary or desirable for the purpose of enabling the court more
effectively to exercise the jurisdiction conferred upon it by this section; and
(b) shall
make provisions-
(i) for the
rendering of financial assistance to any indigent citizen of Nigeria where his right under
this Chapter has been infringed or with a view to enabling him to engage the services of a
legal practitioner to prosecute his claim, and
(ii) for ensuring
that allegations of infringement of such rights are substantial and the requirement or
need for financial or legal aid is real.
Back to Page One
Chapter V
The
Legislature
Part I
National
Assembly
A -
Composition and Staff of National
Assembly
47.
There shall be a National Assembly for the Federation which shall consist of a Senate and
a House of Representatives.
48. The Senate shall consist of three Senators from each State
and one from the Federal Capital Territory, Abuja.
49. Subject to the provisions of this Constitution, the House of
Representatives shall consist of three hundred and sixty members representing
constituencies of nearly equal population as far as possible, provided that no
constituency shall fall within more than one State.
50. (1) There shall be:-
(a) a
President and a Deputy President of the Senate, who shall be elected by the members of
that House from among themselves; and
(b) a Speaker and
a Deputy Speaker of the House of Representatives, who shall be elected by the members of
that House from among themselves.
(2) The
President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House
of Representatives shall vacate his office -
(a) if he
ceases to be a member of the Senate or of the House of Representatives, as the case may
be, otherwise than by reason of a dissolution of the Senate or the House of
Representatives; or
(b) when the House
of which he was a member first sits after any dissolution of that House; or
(c) if he is
removed from office by a resolution of the Senate or of the House of Representatives, as
the case may be, by the votes of not less than two-thirds majority of the members of that
House.
51. There shall be a Clerk to the National Assembly and such
other staff as may be prescribed by an Act of the National Assembly, and the method of
appointment of the Clerk and other staff of the National Assembly shall be as prescribed
by that tab
Back to Page One
B - Procedure for Summoning and Dissolution of National Assembly
52. (1) Every member of the
Senate or the House of Representatives shall, before taking his seat, declare his assets
and liabilities as prescribed in this Constitution and subsequently take and subscribe the
Oath of Allegiance and the oath of membership as prescribed in the Seventh Schedule to
this Constitution before the President of the Senate or, as the case may be, the Speaker
of the House of Representatives, but a member may before taking the oaths take part in the
election of a President and a Deputy President of the Senate, as the case may be, or a
Speaker and a Deputy Speaker of the House of Representatives.
(2) The
President and Deputy President of the Senate and the Speaker and the Deputy Speaker of the
House of Representative s shall declare their assets and liabilities as prescribed in this
Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of
membership prescribed as aforesaid before the Clerk of the National Assembly.
53. (1) At any sitting of
the National Assembly -
(a) in the
case of the Senate, the President of the Senate shall preside, and in his absence the
Deputy President shall preside; and
(b) in the case of
the House of Representatives, the Speaker of that House shall preside, and in his absence
the Deputy Speaker shall preside.
(2) At any
joint sitting of the Senate and House of Representatives -
(a) the
President of Senate shall preside, and in his absence the Speaker of the House of
Representatives shall preside; and
(b) in the absence
of the persons mentioned in paragraph (a) of this subsection, the Deputy President of the
Senate shall preside, and in his absence the Deputy Speaker of the House of
Representatives shall preside.
(3) In the
absence of the persons mentioned in the foregoing provisions of this section, such member
of the Senate or the House of Representatives or of the joint sitting, as the case may be,
as the Senate or the House of Representatives or the joint sitting may elect for that
purpose shall preside.
54. (1) The quorum of the
Senate or of the House of Representatives shall be one-third of all the members on of the
Legislative House concerned.
(2) The
quorum of a joint sitting of both the Senate or of the House of Representatives shall be
one-third of all the members of both Houses.
(3) If objection
is taken by any member of the Senate or the House of Representatives present that there
are present in the House of which he is a member (besides the person presiding fewer than
one-third of all the members of that House and that it is not competent for the House to
transact business, and after such interval as may be prescribed in the rules of procedure
of the House, the person presiding ascertains that the number of members present is still
less than one-third of all the members of the House he shall adjourn the House.
(4) The foregoing
provisions of this section shall apply in relation to a joint sitting of both Houses of
the National Assembly as they apply in relation to a House of the National Assembly as if
references to the Senate or the House of Representatives and a member of either Houses are
references to both Houses and to any member of the National Assembly, respectively.
55. The business of the National Assembly shall be conducted in
English, and in Hausa, Ibo and Yoruba when adequate arrangements have been made therefor.
56. (1) Except as
otherwise provided by this Constitution any question proposed for decision in the Senate
or the House of Representatives shall be determined by the required majority or the
members present and voting; and the person presiding shall cast a vote whenever necessary
y to avoid an equality of votes but shall not vote in any other case.
(2) Except
as otherwise provided by this Constitution, the required majority for the purpose of
determining any question shall be a simple majority.
(3) The Senate or
the House of Representatives shall by its rules provide -
(a) that a
member of the House shall declare any direct pecuniary interest he may have in any matter
coming before the House for deliberation;
(b) that the House
may by resolution decide whether or not such member may vote, or participate in its
deliberations, on such matter;
(c) the penalty,
if any, which the House may impose for failure to declare any direct pecuniary interest
such member may have; and`
(d) for such other
matters pertaining to the foregoing as the House may think necessary,
but nothing in the foregoing provisions shall enable any
rules to be made to require any member, who signifies his intention not to vote on or
participate in such matter, and who does not so vote or participate, to declare any such
interest.
57. Any person who sits or votes in the Senate or the House of
Representatives knowing or having reasonable grounds for knowing that he is not entitled
to do so commits an offence and is liable on conviction to such punishment as shall be
prescribed by an Act of the National Assembly.
58. (1) The power of the
National Assembly to make laws shall be exercised by bills passed by both the Senate and
the House of Representatives and, except as otherwise provided by subsection (5) of this
section, assented to by the President.
(2) A bill
may originate in either the Senate or the House of Representatives and shall not become
law unless it has been passed and, except as otherwise provided by this section and
section 59 of this Constitution, assented to in accordance with the provisions of this
section.
(3) Where a bill
has been passed by the House in which it originated, it shall be sent to the other House,
and it shall be presented to the President for assent when it has been passed by that
other House and agreement has been reached between the two Houses on any amendment made on
it.
(4) Where a bill
is presented to the President for assent, he shall within thirty days thereof signify that
he assents or that he withholds assent.
(5) Where the
President withholds his assent and the bill is again passed by each House by two-thirds
majority, the bill shall become law and the assent of the President shall not be required.
59. (1) The provisions of
this section shall apply to:
(a) an
appropriation bill or a supplementary appropriation bill, including any other bill for the
payment, issue or withdrawal from the Consolidated Revenue Fund or any other public fund
of the Federation of any money charged thereon or any alteration in the amount of such a
payment, issue or withdrawal; and
(b) a bill for the
imposition of or increase in any tax, duty or fee or any reduction, withdrawal or
cancellation thereof.
(2) Where a
bill to which this section applies is passed by one of the Houses of the National Assembly
but is not passed by the other House within a period of two months from the commencement
of a financial year, the President of the Senate shall within fourteen days thereafter
arrange for and convene a meeting of the joint finance committee to examine the bill with
a view to resolving the differences between the two Houses.
(3) Where the
joint finance committee fails to resolve such differences, then the bill shall be
presented to the National Assembly sitting at a joint meeting, and if the bill is passed
at such joint meeting, it shall be presented to the President for assent.
(4) Where the
President, within thirty days after the presentation of the bill to him, fails to signify
his assent or where he withholds assent, then the bill shall again be presented to the
National Assembly sitting at a joint meeting, and if passed by two-thirds majority of
members of both houses at such joint meeting, the bill shall become law and the assent of
the President shall not be required.
(5) In this
section, "joint finance committee" refers to the joint committee of the National
Assembly on finance established pursuant to section 62(3) of this Constitution.
60. Subject to the provisions of this Constitution, the Senate
or the House of Representatives shall have power to regulate its own procedure, including
the procedure for summoning and recess of the House.
61. The Senate or the House of Representatives may act
notwithstanding any vacancy in its membership, and the presence or participation of any
person not entitled to be present at or to participate in the proceedings of the House
shall not invalidate those proceedings.
62. (1) The Senate or the
House of Representatives may appoint a committee of its members for such special or
general purpose as in its opinion would be better regulated and managed by means of such a
committee, and may by resolution, regulation or otherwise, as it thinks fit, delegate any
functions exercisable by it to any such committee.
(2) The
number of members of a committee appointed under this section, their terms of office and
quorum shall be fixed by the House appointing it.
(3) The Senate and
the House of Representatives shall appoint a joint committee on finance consisting of an
equal number of persons appointed by each House and may appoint any other joint committee
under the provisions of this section.
(4) Nothing in
this section shall be construed as authorising such House to delegate to a committee the
power to decide whether a bill shall be passed into law or to determine any matter which
it is empowered to determine by resolution under the provisions of this Constitution, but
the committee may be authorised to make recommendations to the House on any such matter.
63. The Senate and the House of Representatives shall each sit
for a period of not less than one hundred and eighty-one days in a year.
64. (1) The Senate and the House
of Representatives shall each stand dissolved at the expiration of a period of four years
commencing from the date of the first sitting of the House.
(2) If the
Federation is at war in which the territory of Nigeria is physically involved and the
President considers that it is not practicable to hold elections, the National Assembly
may by resolution extend the period of four years mentioned in subsection (1) of this
section from time to time but not beyond a period of six months at any one time.
(3) Subject to the
provisions of this Constitution, the person elected as the President shall have power to
issue a proclamation for the holding of the first session of the National Assembly
immediately after his being sworn in, or for its dissolution as provided in this section.
Back to Page One
C -
Qualifications for Membership of National
Assembly and Right of Attendance
65. (1) Subject to the provisions of section 66 of this
Constitution, a person shall be qualified for election as a member of:
(a) the
Senate, if he is a citizen of Nigeria and has attained the age of 35 years; and
(b) the House of
Representatives, if he is a citizen of Nigeria and has attained the age of 30 years;
(2) A
person shall be qualified for election under subsection (1) of this section if:
(a) he has
been educated up to at least School Certificate level or its equivalent; and
(b) he is a member
of a political party and is sponsored by that party.
66. (1) No person shall be
qualified for election to the Senate or the House of Representatives if:
(a) subject
to the provisions of section 28 of this Constitution, he has voluntarily acquired the
citizenship of a country other than Nigeria or, except in such cases as may be prescribed
by the National Assembly, has made a declaration of allegiance to such a country;
(b) under any law
in force in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to
be of unsound mind;
(c) he is under a
sentence of death imposed on him by any competent court of law or tribunal in Nigeria or a
sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever
name called) or any other offence imposed on him by such a court or tribunal or
substituted by a competent authority for any other sentence imposed on him by such a
court;
(d) within a
period of less than 10 years before the date of an election to a legislative house, he has
been convicted and sentenced for an offence involving dishonesty or he has been found
guilty of a contravention of the Code of Conduct;
(e) he is an
undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law
in force in any part of Nigeria;
(f) he is a person
employed in the public service of the Federation or of any State and has not resigned,
withdrawn or retired from such employment 30 days before the date of election;
(g) he is a member
of a secret society;
(h) he has been
indicted for embezzlement or fraud by Judicial Commission of Inquiry or an Administrative
Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the Federal or State Government which indictment has been
accepted by the Federal or State Governments respectively; or.
(i) he has
presented a forged certificate to the Independence National Electoral Commission.
(2) Where
in respect of any person who has been-
(a)
adjudged to be a lunatic;
(b) declared to be
of unsound mind;
(c) sentenced to
death or imprisonment; or
(d) adjudged or
declared bankrupt,
any appeal against the decision is pending in any court
of law in accordance with any law in force in Nigeria, subsection (1) of the section shall
not apply during a period beginning from the date when such appeal is lodged and ending on
the date when the appeal is finally determined or, as the case may be, the appeal lapses
or is abandoned, whichever is earlier.
(3) For the
purposes of subsection (2) of this section "appeal" includes any application for
an injunction or an order certiorari, mandamus, prohibition or habeas corpus, or any
appeal from any such application.
67. (1) The President may
attend any joint meeting of the National Assembly or any meeting of either House of the
National Assembly, either to deliver an address on national affairs including fiscal
measures, or to make such statement on the policy of government as he considers to be of
national importance.
(2) A
Minister of the Government of the Federation attend either House of the National Assembly
if invited to express to the House the conduct of his Ministry, and in particular when the
affairs of that Ministry are under discussion.
(3) Nothing in
this section shall enable any person who is not a member of the Senate or of the House of
Representatives to vote in that House or in any of its committees.
68. (1) A member of the
Senate or of the House of Representatives shall vacate his seat in the House of which he
is a member if -
(a) he
becomes a member of another legislative house.
(b) any other
circumstances arise that, if he were not a member of the Senate or the House of
Representatives, would cause him to be disqualified for election as a member;
(c) he ceases to
be a citizen of Nigeria;
(d) he becomes
President, Vice-President, Governor, Deputy Governor or a Minister of the Government of
the Federation or a Commissioner of the Government of a State or a Special Adviser.
(e) save as
otherwise prescribed by this Constitution, he becomes a member of a commission or other
body established by this Constitution or by any other law.
(f) without just
cause he is absent from meetings of the House of which he is a member for a period
amounting in the aggregate to more than one-third of the total number of days during which
the House meets in any one year;
(g) being a person
whose election to the House was sponsored by a political party, he becomes a member of
another political party before the expiration of the period for which that House was
elected;
Provided that his membership of the latter political
party is not as a result of a division in the political party of which he was previously a
member or of a merger of two or more political parties or factions by one of which he was
previously sponsored; or
(h) the
President of the Senate or, as the case may be, the Speaker of the House of
Representatives receives a certificate under the hand of the Chairman of the Independent
National Electoral Commission stating that the provisions of section 69 of this
Constitution have been complied with in respect of the recall of that member.
(2) The
President of the Senate or the Speaker of the House of Representatives, as the case may
be, shall give effect to the provisions of subsection (1) of this section, so however that
the President of the Senate or the Speaker of the House of Representatives or a member
shall first present evidence satisfactory to the House concerned that any of the
provisions of that subsection has become applicable in respect of that member.
(3) A member of
the Senate or of the House of Representatives shall be deemed to be absent without just
cause from a meeting of the House of which he is a member, unless the person presiding
certifies in writing that he is satisfied that the absence of the member from the meeting
was for a just cause.
69. A member of the Senate or of the House Representatives may
be recalled as such a member if -
(a) there
is presented to the Chairman of the Independent National Electoral Commission a petition
in that behalf signed by more than one-half of the persons registered to vote in that
member's constituency alleging their loss of confidence in that member; and
(b) the petition
is thereafter, in a referendum conducted by the Independent National Electoral Commission
within ninety days of the date of receipt of the petition, approved by a simple majority
of the votes of the persons registered to vote in that member's constituency.
70. A member of the Senate or of the House of Representatives
shall receive such salary and other allowances as Revenue Mobilisation Allocation and
Fiscal Commission may determine
D -
Elections to National Assembly
71.
Subject to the provisions of section 72 of this Constitution, the Independent National
Electoral Commission shall -
(a) divide
each State of the Federation into three Senatorial districts for purposes of elections to
the Senate; and
(b) subject to the
provisions of section 49 of this Constitution, divide the Federation into three hundred
and sixty Federal constituencies for purposes of elections to the House of
Representatives.
72. No Senatorial district or Federal constituency shall fall
within more than one State, and the boundaries of each district or constituency shall be
as contiguous as possible and be such that the number of inhabitants thereof is as nearly
equal to the population quota as is reasonably practicable.
73. (1) The Independent
National Electoral Commission shall review the division of States and of the Federation
into Senatorial districts and Federal constituencies at intervals of not less than ten
years, and may alter the districts or constituencies in accordance with the provisions of
this section to such extent as it may consider desirable in the light of the review.
(2)
Notwithstanding subsection (1) of this section, the Independent National Electoral
Commission may at any time carry out such a review and alter the districts or
constituencies in accordance with the provisions of this section to such extent as it
considers necessary, in consequence of any amendment to section 8 of this Constitution or
any provision replacing that section, or by reason of the holding of a census of the
population, or pursuant to an Act of the National Assembly.
74. Where the boundaries of any Senatorial district or Federal
constituency established under section 71 of this Constitution are altered in accordance
with the provisions section 73 hereof, the alteration shall come into effect after it has
been approved by each House of the National Assembly and after the current life of the
Senate (in the case of an alteration to the boundaries of a Senatorial district) or the
House of s (in the case of an alteration to the boundaries of a Federal constituency).
75. For the purposes of section 72 of this Constitution, the
number of inhabitants of Nigeria or any part thereof shall be ascertained by reference to
the 1991 census of the population of Nigeria or the latest census held in pursuance of an
Act of the National Assembly after the coming into force of the provisions of this Part of
this Chapter of this Constitution.
76. (1) Elections to each
House of the National Assembly shall be held on a date to be appointed by the Independent
National Electoral Commission.
(2) The
date mentioned in subsection (1) of this section shall not be earlier than sixty days
before and not later than the date on which the House stands dissolved, or where the
election to fill a vacancy occurring more than three months before such date; not later
than one month after the vacancy occurred.
77. (1) Subject to the
provisions of this Constitution, every Senatorial district or Federal constituency
established in accordance with the provisions of this Part of this Chapter shall return a
member who shall be directly elected to the Senate or the House of Representatives in such
manner as may be prescribed by an act of the National Assembly.
(2) Every
citizen of Nigeria, who has attained the age of eighteen years residing in Nigeria at the
time of the registration of voters for purposes of election to a legislative house, shall
be entitled to be registered as a voter for that election.
78. The registration of voters and the conduct of elections
shall be subject to the direction and supervision of Independent National Electoral
Commission.
79. The National Assembly shall make provisions in respects -
(a) persons
who may apply to an election tribunal for determination of any question as to whether -
(i) any
person has been validly elected as a member of the Senate or of the House of
Representatives,
(ii) the term of
office of any person has ceased, or
(iii) the seat in
the Senate or in the House of Representatives of a member of that House has become vacant;
(b)
circumstances and manner in which, and the conditions upon which, such application may be
made; and
(c) powers,
practice and procedure of the election tribunal in relation to any such application.
E -
Powers and Control over Public Funds
80.
(1) All revenues or other moneys raised or received
by the Federation (not being revenues or other moneys payable under this Constitution or
any Act of the National Assembly into any other public fund of the Federation established
for a specific purpose) shall be paid into and form one Consolidated Revenue Fund of the
Federation.
(2) No
moneys shall be withdrawn from the Consolidated Revenue Fund of the Federation except to
meet expenditure that is charged upon the fund by this Constitution or where the issue of
those moneys has been authorised by an Appropriation Act, Supplementary Appropriation Act
or an Act passed in pursuance of section 81 of this Constitution.
(3) No moneys
shall be withdrawn from any public fund of the Federation, other than the Consolidated
Revenue Fund of the Federation, unless the issue of those moneys has been authorised by an
Act of the National Assembly.
(4) No moneys
shall be withdrawn from the Consolidated Revenue Fund or any other public fund of the
Federation, except in the manner prescribed by the National Assembly.
81. (1) The President
shall cause to be prepared and laid before each House of the National Assembly at any time
in each financial year estimates of the revenues and expenditure of the Federation for the
next following financial year.
(2) The
heads of expenditure contained in the estimates (other than expenditure charged upon the
Consolidated Revenue Fund of the Federation by this Constitution) shall be included in a
bill, to be known as an Appropriation Bill, providing for the issue from the Consolidated
Revenue Fund of the sums necessary to meet that expenditure and the appropriation of those
sums for the purposes specified therein.
(3) Any amount
standing to the credit of the judiciary in the Consolidated Revenue Fund of the Federation
shall be paid directly to the National Judicial Council for disbursement to the heads of
the courts established for the Federation and the State under section 6 of this
Constitution.
(4) If in respect
of any financial year it is found that -
(a) the
amount appropriated by the Appropriation Act for any purpose is insufficient; or
(b) a need has
arisen for expenditure for a purpose for which no amount has been appropriated by the Act,
a supplementary estimate showing the sums required shall
be laid before each House of the National Assembly and the heads of any such expenditure
shall be included in a Supplementary Appropriation Bill.
82. If the Appropriation Bill in respect of any financial year
has not been passed into law by the beginning of the financial year, the President may
authorise the withdrawal of moneys in the Consolidated Revenue Fund of the Federation for
the purpose of meeting expenditure necessary to carry on the services of the Government of
the Federation for a period not exceeding months or until the coming into operation of the
Appropriate Act, whichever is the earlier:
Provided that the withdrawal in respect of any such period shall not
exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the
Federation under the provisions of the Appropriation Act passed by the National Assembly
for the corresponding period in the immediately preceding financial year, being an amount
proportionate to the total amount so authorised for the immediately preceding financial
year.
83. (1) The National
Assembly may by law make provisions for the establishment of a Contingencies Fund for the
Federation and for authorising the President, if satisfied that there has arisen an urgent
and unforeseen need for expenditure for which no other provision exists, to make advances
from the Fund to meet the need.
(2) Where
any advance is made in accordance with the provisions of this section, a Supplementary
Estimate shall be presented and a Supplementary Appropriation Bill shall be introduced as
soon as possible for the purpose of replacing the amount so advanced.
84. (1) There shall be
paid to the holders of the offices mentioned in this section such remuneration, salaries
and allowances as may be prescribed by the National Assembly, but not exceeding the amount
as shall have been determined by the Revenue Mobilisation Allocation and Fiscal
Commission.
(2) The
remuneration, salaries and allowances payable to the holders of the offices so mentioned
shall be a charge upon the Consolidated Revenue Fund of the Federation.
(3) The
remuneration and salaries payable to the holders of the said offices and their conditions
of service, other than allowances, shall not be altered to their disadvantage after their
appointment.
(4) The offices
aforesaid are the offices of President, Vice-President, Chief Justice of Nigeria, Justice
of the Supreme Court, President of the Court of Appeal, Justice of the Court of Appeal,
Chief Judge of the Federal High Court, Judge of the Federal High Court, Chief Judge and
Judge of the High Court of the Federal Capital Territory, Abuja, Chief Judge of a State,
Judge of the High Court of a State, Grand Kadi of the Sharia Court of Appeal of the
Federal Capital Territory, Abuja, President and Judge of the Customary Court of Appeal of
the Federal Capital Territory, Abuja, Grand Kadi and Kadi of the Sharia Court of Appeal of
a State, President and Judge of the Customary Court of Appeal of a State, the
Auditor-General for the Federation and the Chairmen and members of the following executive
bodies, namely, the Code of Conduct Bureau, the Federal Civil Service Commission, the
Independent National Electoral Commission, the National Judicial Council, the Federal
Judicial Service Commission, the Judicial Service Committee of the Federal Capital
Territory, Abuja, the Federal Character Commission, the Code of Conduct Tribunal, the
National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission,
the Nigeria Police Council and the Police Service Commission.
(5) Any person who
has held office as President or Vice-President shall be entitled to pension for life at a
rate equivalent to the annual salary of the incumbent President or Vice-President:
Provided that such a person was not removed from office
by the process of impeachment or for breach of any provisions of this Constitution.
(6) Any
pension granted by virtue of subsection (5) of this section shall be a charge upon the
Consolidated Revenue Fund of the Federation.
(7) The recurrent
expenditure of judicial offices in the Federation (in addition to salaries and allowances
of the judicial officers mentioned in subsection (4) of this section) shall be charge upon
the Consolidated Revenue Fund of the Federation.
85. (1) There shall be an
Auditor-General for the Federation who shall be appointed in accordance with the
provisions of section 86 of this Constitution.
(2) The
public accounts of the Federation and of all offices and courts of the Federation shall be
audited and reported on to the Auditor-General who shall submit his reports to the
National Assembly; and for that purpose, the Auditor-General or any person authorised by
him in that behalf shall have access to all the books, records, returns and other
documents relating to those accounts.
(3) Nothing in
subsection (2) of this section shall be construed as authorising the Auditor-General to
audit the accounts of or appoint auditors for government statutory corporations,
commissions, authorities, agencies, including all persons and bodies established by an Act
of the National Assembly, but the Auditor-General shall -
(a) provide
such bodies with -
(i) a list
of auditors qualified to be appointed by them as external auditors and from which the
bodies shall appoint their external auditors, and
(ii) guidelines on
the level of fees to be paid to external auditors; and
(b) comment
on their annual accounts and auditor's reports thereon.
(4) The
Auditor-General shall have power to conduct checks of all government statutory
corporations, commissions, authorities, agencies, including all persons and bodies
established by an Act of the National Assembly.
(5) The
Auditor-General shall, within ninety days of receipt of the Accountant-General's financial
statement, submit his reports under this section to each House of the National Assembly
and each House shall cause the reports to be considered by a committee of the House of the
National Assembly responsible for public accounts.
(6) In the
exercise of his functions under this Constitution, the Auditor-General shall not be
subject to the direction or control of any other authority or person.
86. (1) The Auditor-General for
the Federation shall be appointed by the President on the recommendation of the Federal
Civil Service Commission subject to confirmation by the Senate.
(2) The
power to appoint persons to act in the office of the Auditor-General shall vest in the
President.
(3) Except with
the sanction of a resolution of the Senate, no person shall act in the office of the
Auditor-General for a period exceeding six months.
87. (1) A person holding
the office of the Auditor-General for the Federation shall be removed from office by the
President acting on an address supported by two-thirds majority of the Senate praying that
he be so removed for inability to discharge the functions of his-office (whether arising
from infirmity of mind or body or any other cause) or for misconduct.
(2) The
Auditor-General shall not be removed from office before such retiring age as may be
prescribed by law, save in accordance with the provisions of this section.
88. (1) Subject to the
provisions of this Constitution, each House of the National Assembly shall have power by
resolution published in its journal or in the Official Gazette of the Government of the
Federation to direct or cause to be directed investigation into -
(a) any
matter or thing with respect to which it has power to make laws, and
(b) the conduct of
affairs of any person, authority, ministry or government department charged, or intended
to be charged, with the duty of or responsibility for -
(i)
executing or administering laws enacted by National Assembly, and
(ii) disbursing or
administering moneys appropriated or to be appropriated by the National Assembly.
(2) The
powers conferred on the National Assembly under the provisions of this section are
exercisable only for the purpose of enabling it to -
(a) make
laws with respect to any matter within its legislative competence and correct any defects
in existing laws; and
(b) expose
corruption, inefficiency or waste in the execution or administration of laws within its
legislative competence and in the disbursement or administration of funds appropriated by
it.
89. (1) For the purposes
of any investigation under section 88 of this Constitutional and subject to the provisions
thereof, the Senate or the House of Representatives or a committee appointed in accordance
with section 62 of this Constitution shall have power to -
(a) procure
all such evidence, written or oral, direct or circumstantial, as it may think necessary or
desirable, and examine all persons as witnesses whose evidence may be material or relevant
to the subject matter;
(b) require such
evidence to be given on oath;
(c) summon any
person in Nigeria to give evidence at any place or produce any document or other thing in
his possession or under his control, and examine him as a witness and require him to
produce any document or other thing in his possession or under his control, subject to all
just exceptions; and
(d) issue a
warrant to compel the attendance of any person who, after having been summoned to attend,
fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect
to the satisfaction of the House or the committee in question, and order him to pay all
costs which may have been occasioned in compelling his attendance or by reason of his
failure, refusal or neglect to obey the summons, and also to impose such fine as may be
prescribed for any such failure, refused or neglect; and any fine so imposed shall be
recoverable in the same manner as a fine imposed by a court of law.
(2) A summons or warrant issued under this
section may be served or executed by any member of the Nigeria Police Force or by any
person authorised in that behalf by the President of the Senate or the Speaker of the
House of Representatives, as the case may require.
Back to Page One
Part II
House of Assembly
of a State
A -
Composition and Staff of House of Assembly
90.
There shall be a House of Assembly for each of the States of the Federation.
91.
Subject to the provisions of this Constitution, a House of Assembly of a State shall
consist of three or four times the number of seats which that State has in the House of
Representatives divided in a way to reflect, as far as possible nearly equal population:
Provided that a House of Assembly of a State shall consist of not less
than twenty-four and not more than forty members.
92. (1) There shall be a
Speaker and a Deputy Speaker of a House of Assembly who shall be elected by the members of
the House from among themselves.
(2) The
Speaker or Deputy Speaker of the House of Assembly shall vacate his office -
(a) if he
ceases to be a member of the House of Assembly otherwise than by reason of the dissolution
of the House;
(b) When the House
first sits after any dissolution of House; or
(c) if he is
removed from office by a resolution of House of Assembly by the votes of not less than
two-third majority of the members of the House.
93. There shall be a Clerk to a House of Assembly and such other
staff as may be prescribed by a Law enacted by the House of Assembly, and the method of
appointment of the Clerk and other staff of the House shall be as prescribed by that Law.
B - Procedure for Summoning and Dissolution of House of Assembly
94. (1) Every person elected to a
House of Assembly shall before taking his seat in that House, declare his assets and
liabilities in the manner prescribed in this Constitution and subsequently take and
subscribe before the Speaker of the House, the Oath of Allegiance and oath of membership
prescribed in the Seventh Schedule to this Constitution, but a member may, before taking
the oaths, take part in the election of the Speaker and Deputy Speaker of the House of
Assembly.
(2) The
Speaker and Deputy Speaker of a House of Assembly shall declare their assets and
liabilities in the manner prescribed by this Constitution and subsequently take and
subscribe to the Oath of Allegiance and the oath of membership prescribed as aforesaid
before the Clerk of the House of Assembly.
95. (1) At any sitting of
a House of Assembly, the Speaker of that House shall preside, and in his absence the
Deputy Speaker shall preside.
(2) In the
absence of the Speaker and Deputy Speaker of the House, such member of the House as the
House may elect for a purpose shall preside.
96. (1) The quorum of a
House of Assembly shall be one-third of all the members of the House.
(2) If
objection is taken by any member of a House of Assembly present that there are present in
that House (besides the person presiding) fewer than one-third of all the members of that
House and that it is not competent for the House to transact business, and after such
interval as may be prescribed in the rules of procedure of the House, the person presiding
ascertains that the number of members present is still less than one-third of all the
members of the House, he shall adjourn the House.
97. The business of a House of Assembly shall be conducted in
English, but the House may in addition to English conduct the business of the House in one
or more other languages spoken in the State as the House may by resolution approve.
98. (1) Except as
otherwise provided by this Constitution, any question proposed for decision in a House of
Assembly shall be determined by the required majority of the members present and voting;
and the person presiding shall cast a vote whenever necessary to avoid an equality of
votes but shall not vote in any other case.
(2) Except
as otherwise provided by this Constitution, the required majority for the purpose of
determining any question shall be a simple majority.
(3) A House of
Assembly shall by its rules provide -
(a) that a
member of the House shall declare any direct pecuniary interest he may have in any matter
coming before the House for deliberation;
(b) that the House
may by resolution decide whether or not such member may vote or participate in its
deliberations, on such matter;
(c) the penalty,
if any, which the House may impose for failure to declare any direct pecuniary interest
such member may have; and
(d) for such other
matters pertaining to the foregoing as the House may think necessary, but nothing in this
subsection shall enable any rules to be made to require any member, who signifies his
intention not to vote on or participate in such matter, and who does not so vote or
participate, to declare any such interest.
99. Any person who sits or votes in a House of Assembly of a
State knowing or having reasonable grounds for knowing that he is not entitled to do so
commits an offence and is liable on conviction to such punishment as shall be prescribed
by a Law of the House of Assembly.
100. (1) The power of a
House of Assembly to make laws shall be exercised by bills passed by the House of Assembly
and, except as otherwise provided by this section, assented to by the Governor.
(2) A bill
shall not become Law unless it has been duly passed and, subject to subsection (1) of this
section, assented to in accordance with the provisions of this section.
(3) Where a bill
has been passed by the House of Assembly it shall be presented to the Governor for assent.
(4) Where a bill
is presented to the Governor for assent he shall within thirty days thereof signify that
he assents or that he withholds assent.
(5) Where the
Governor withholds assent and the bill is again passed by the House of Assembly by
two-thirds majority, the bill shall become law and the assent of the Governor shall not be
required.
101. Subject to the provisions of this Constitution, a House of
Assembly shall have power to regulate its own procedure, including the procedure for
summoning and recess of the House.
102. A House of Assembly may act notwithstanding any vacancy in
its membership, and the presence or participation of any person not entitled to be present
at or to participate in the proceedings of the House shall not invalidate such
proceedings.
103. (1) A House of
Assembly may appoint a committee of its members for any special or general purpose as in
its opinion would be better regulated and managed by means of such a committee, and may by
resolution, regulation or otherwise as it thinks fit delegate any functions exercisable by
it to any such committee.
(2) The
number of members of a committee appointed under this section, their term of office and
quorum shall be fixed by the House of Assembly.
(3) Nothing in
this section shall be construed as authorising a House of Assembly to delegate to a
committee the power to decide whether a bill shall be passed into Law or to determine any
matter which it is empowered to determine by resolution under the provisions of this
Constitution, but such a committee of the House may be authorised to make recommendations
to the House on any such matter.
104. A House of Assembly shall sit for a period of not less than
one hundred and eighty-one days in a year.
105. (1) A House of
Assembly shall stand dissolved at the expiration of a period of four years commencing from
the date of the first sitting of the House.
(2) If the
Federation is at war in which the territory of Nigeria is physically involved and the
President considers that it is not practicable to hold elections, the National Assembly
may by resolution extend the period of four years mentioned in subsection (1) of this
section from time to time but not beyond a period of six months at any one time.
(3) Subject to the
provisions of this Constitution, the person elected as the Governor of a State shall have
power to issue a proclamation for the holding of the first session of the House of
Assembly of the State concerned immediately after his being sworn in, or for its
dissolution as provided in this section.
C
-Qualification for Membership of House of Assembly and Right of Attendance
106.
Subject to the provisions of section 107 of this Constitution, a person shall be qualified
for election as a member of a House of Assembly if -
(a) he is a
citizen of Nigeria;
(b) he has
attained the age of thirty years;
(c) he has been
educated up to at least the School Certificate level or its equivalent; and
(d) he is a member
of a political party and is sponsored by that party.
107. (1) No person shall
be qualified for election to a House of Assembly if -
(a) subject
to the provisions of Section 28 of this Constitution, he has voluntarily acquired the
citizenship of a country other than Nigeria or, except in such cases as may be prescribed
by the National Assembly, has made a declaration of allegiance to such a country;
(b) under any law
in force in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to
be of unsound mind;
(c) he is under a
sentence of death imposed on him by any competent court of law or tribunal in Nigeria or a
sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever
name called) or any other offence imposed on him by such a court or tribunal substituted
by a competent authority for any other sentence imposed on him by such a court or
tribunal;
(d) within a
period of less than ten years before the date of an election to the House of Assembly, he
has been convicted and sentenced for an offence involving dishonesty or he has been found
guilty of a contravention of the Code of Conduct;
(e) he is an
undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law
in force in any part of Nigeria;
(f) he is a person
employed in the public service of the Federation or of any State and he has not resigned,
withdrawn or retired from such employment thirty days before the date of election;
(g) he is a member
of any secret society;
(h) he has been
indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an
Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a
Tribunals of Inquiry Law or any other law by the Federal and State Government which
indictment has been accepted by the Federal or State Government, respectively; or
(i) he has
presented a forged certificate to the Independent National Electoral Commission.
(2) Where
in respect of any person who has been -
(a)
adjudged to be a lunatic;
(b) declared to be
of unsound mind;
(c) sentenced to
death or imprisonment; or
(d) adjudged or
declared bankrupt,
any appeal against the decision is pending in any court
of law in accordance with any law in force in Nigeria, subsection (1) of this section
shall not apply during a period beginning from the date when such appeal is lodged and
ending on the date when the appeal is finally determined or, as the case may be, the
appeal lapses or is abandoned, whichever is earlier.
(3) For the
purposes of subsection (2) of this section, an "appeal" includes any application
for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus, or
any appeal from any such application.
108. (1) The Governor of a
State may attend a meeting of a House of Assembly of the State either to deliver an
address on State affairs or to make such statement on the policy of government as he may
consider to be of importance to the State.
(2) A
Commissioner of the Government of a State shall attend the House of Assembly of the State
if invited to explain to the House of Assembly the conduct of his Ministry, and in
particular when the affairs of that Ministry are under discussion.
(3) Nothing in
this section shall enable any person who is not a member of a House of Assembly to vote in
that House or in any of its committees.
109. (1) A member of a
House of Assembly shall vacate his seat in the House if -
(a) he
becomes a member of another legislative house;
(b) any other
circumstances arise that, if he were not a member of that House, would cause him to be
disqualified for election as such a member;
(c) he ceases to
be a citizen of Nigeria;
(d) he becomes
President, Vice-President, Governor, Deputy Governor or a Minister of the Government of
the Federation or a Commissioner of the Government of a State or a Special Adviser;
(e) save as
otherwise prescribed by this Constitution, he becomes a member of a commission or other
body established by this Constitution or by any other law;
(f) without just
cause he is absent from meetings of the House of Assembly for a period amounting in the
aggregate to more than one-third of the total number of days during which the House meets
in any one year;
(g) being a person
whose election to the House of Assembly was sponsored by a political party, he becomes a
member of another political party before the expiration of the period for which that House
was elected:
Provided that his membership of the latter political
party is not as a result of a division in the political party of which he was previously a
member or of a merger of two or more political parties or factions by one of which he was
previously sponsored; or
(h) the
Speaker of the House of Assembly receives a certificate under the hand of the Chairman of
the Independent National Electoral Commission stating that the provisions of section 110
of this Constitution have been complied with in respect of the recall of the member.
(2) The
Speaker of the House of Assembly shall give effect to subsection (1) of this section, so
however that the Speaker or a member shall first present evidence satisfactory to the
House that any of the provisions of that subsection has become applicable in respect of
the member.
(3) A member of a
House of Assembly shall be deemed to be absent without just cause from a meeting of the
House of Assembly unless the person presiding certifies in writing that he is satisfied
that the absence of the member from the meeting was for a just cause.
110. A member of the House of Assembly may be recalled as such a
member if -
(a) there
is presented to the Chairman of the Independent National Electoral Commission a petition
in that behalf signed by more than one-half of the persons registered to vote in that
members's constituency alleging their loss of confidence in that member; and
(b) the petition
is thereafter, in a referendum conducted by the Independent National Electoral Commission
within ninety days of the date of the receipt of the petition, approved by a simple
majority of the votes of the persons registered to vote in that member's constituency.
111.
A member of the House of Assembly shall receive such salary and other allowances as the
Revenue Mobilisation Allocation and Fiscal Commission may determine.
D -
Elections to a House of Assembly
112.
Subject to the provisions of sections 91 and 113 of this Constitution, the Independent
National Electoral Commission shall divide every state in the federation into such number
of state constituencies as is equal to three or four times the number of Federal
constituencies within that state.
113. The boundaries of each State constituency shall be such
that the number of inhabitants thereof is as nearly equal to the population quota as is
reasonably practicable.
114. (1) The Independent
National Electoral Commission shall review the division of every State into constituencies
at intervals of not less than ten years, and may alter such constituencies in accordance
with the provisions of this section to such extent as it may consider desirable in the
light of the review.
(2) The
Independent National Electoral Commission may at any time carry out such a review and
alter the constituencies in accordance with the provisions of this section to such extent
as it considers necessary in consequence of any alteration of the boundaries of the State
or by reason of the holding of a census of the population of Nigeria in pursuance of an
Act of the National Assembly.
115. Where the boundaries of any State constituency established
under section 112 of this Constitution are altered in accordance with the provisions of
section 114 of this Constitution, that alteration shall come into effect after it has been
approved by the National Assembly and after the current life of the House of Assembly.
116. (1) Elections to a
House of Assembly shall be held on a date to be appointed by the Independent National
Electoral Commission.
(2) The
date mentioned in subsection (1) of this section shall not be earlier than sixty days
before and not later than the date on which the House of Assembly stands dissolved, or
where the election is to fill a vacancy occurring more than three months before such date,
not later than one month after the vacancy occurred.
117. (1) Subject to the
provisions of this Constitution, every State constituency established in accordance with
the provisions of this part of this Chapter shall return one member who shall be directly
elected to a House of Assembly in such manner as may be prescribed by an Act of the
National Assembly.
(2) Every
citizen of Nigeria, who has attained the age of eighteen years residing in Nigeria at the
time of the registration of voters for purposes of election to any legislative house,
shall be entitled to be registered as a voter for that election.
118. The registration of voters and the conduct of elections
shall be subject to the direction and supervision of the Independent National Electoral
Commission.
119. The National Assembly shall make provisions as respects -
(a) persons
who may apply to an election tribunal for the determination of any question as to whether
-
(i) any
person has been validly elected as a member of a House of Assembly,
(ii) the term of
office of any person has ceased, or
(iii) the seat in
a House of Assembly of a member of that House has become vacant;
(b)
circumstances and manner in which, and the conditions upon which, such application may be
made; and
(c) powers,
practice and procedure of the election tribunal in relation to any such application.
E -
Powers and Control over Public
Funds
120.
(1) All revenues or other moneys raised or received
by a State (not being revenues or other moneys payable under this Constitution or any Law
of a House of Assembly into any other public fund of the State established for a specific
purpose) shall be paid into and form one Consolidated Revenue Fund of the State.
(2) No
moneys shall be withdrawn from the Consolidated Revenue Fund of the State except to meet
expenditure that is charged upon the Fund by this Constitution or where the issue of those
moneys has been authorised by an Appropriation Law, Supplementary Appropriation Law or Law
passed in pursuance of section 121 of this Constitution.
(3) No moneys
shall be withdrawn from any public fund of the State, other than the Consolidated Revenue
Fund of the State, unless the issue of those moneys has been authorised by a Law of the
House of Assembly of the State.
(4) No moneys
shall be withdrawn from the Consolidated Revenue Fund of the State or any other public
fund of the State except in the manner prescribed by the House of Assembly.
121. (1) The Governor
shall cause to be prepared and laid before the House of Assembly at any time before the
commencement of each financial year estimates of the revenues and expenditure of the State
for the next following financial year.
(2) The
heads of expenditure contained in the estimates, other than expenditure charged upon the
Consolidated Revenue Fund of the State by this Constitution, shall be included in a bill,
to be known as an Appropriation Bill, providing for the issue from the Consolidated
Revenue Fund of the State of the sums necessary to meet that expenditure and the
appropriation of those sums for the purposes specified therein.
(3) Any amount
standing to the credit of the judiciary in the Consolidated Revenue Fund of the State
shall be paid directly to the heads of the courts concerned.
(4) If in respect
of any financial year, it is found that -
(a) the
amount appropriated by the Appropriation Law for any purpose is insufficient; or
(b) a need has
arisen for expenditure for a purpose for which no amount has been appropriated by the Law,
a supplementary estimate showing the sums required shall
be laid before the House of Assembly and the heads of any such expenditure shall be
included in a Supplementary Appropriation Bill.
122. If the Appropriation Bill in respect of any financial year
has not been passed into Law by the beginning of the financial year, the Governor may
authorise the withdrawal of moneys from the Consolidated Revenue Fund of the State for the
purpose of meeting expenditure necessary to carry on the services of the government for a
period not exceeding six months or until the coming into operation of the Law, whichever
is the earlier:
Provided that the withdrawal in respect of any such period shall not
exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the
State under the provisions of the Appropriation Law passed by the House of Assembly for
the corresponding period in the immediately preceding financial year, being an amount
proportionate to the total amount so authorised for the immediately preceding financial
year.
123. (1) A House of
Assembly may by Law make provisions for the establishment of a Contingencies Fund for the
State and for authorising the Governor, if satisfied that there has arisen an urgent and
unforeseen need for expenditure for which no other provision exists, to make advances from
the Fund to meet that need.
(2) Where
any advance is made in accordance with the provisions of this section, a Supplementary
Estimate shall be presented and a Supplementary Appropriation Bill shall be introduced as
soon as possible for the purpose of replacing the amount so advanced.
124. (1) There shall be
paid to the holders of the offices mentioned in this section such remuneration and
salaries as may be prescribed by a House of Assembly, but not exceeding the amount as
shall have been determined by the Revenue Mobilisation Allocation and Fiscal Commission.
(2) The
remuneration, salaries and allowances payable to the holders of the offices so mentioned
shall be charged upon the Consolidated Revenue Fund of the State.
(3) The
remuneration and salaries payable to the holders of the said offices and their conditions
of service, other than allowances, shall not be altered to their disadvantage after their
appointment.
(4) The offices
aforesaid are the offices of Governor, Deputy Governor, Auditor-General for a State and
the Chairman and members of the following bodies, that is to say, the State Civil Service
Commission, the State Independent Electoral Commission and the State Judicial Service
Commission.
(5) Provisions may
be made by a Law of a House of Assembly for the grant of a pension or gratuity to or in
respect of a person who had held office as Governor or Deputy Governor and was not removed
from office as a result of impeachment; and any pension granted by virtue of any
provisions made in pursuance of this subsection shall be a charge upon the Consolidated
Revenue Fund of the State.
125. (1) There shall be an
Auditor-General for each State who shall be appointed in accordance with the provisions of
section 126 of this Constitution.
(2) The
public accounts of a State and of all offices and courts of the State shall be audited by
the Auditor-General for the State who shall submit his reports to the House of Assembly of
the State concerned, and for that purpose the Auditor-General or any person authorised by
him in that behalf shall have access to all the books, records, returns and other
documents relating to those accounts.
(3) Nothing in
subsection (2) of this section shall be construed as authorising the Auditor-General to
audit the accounts of or appoint auditors for government statutory corporations,
commissions, authorities, agencies, including all persons and bodies established by Law by
the Auditor-General shall -
(a) provide
such bodies with -
(i) a list
of auditors qualified to be appointed by them as external auditors and from which the
bodies shall appoint their external auditors, and
(ii) a guideline
on the level of fees to be paid to external auditors; and
(b) comment
on their annual accounts and auditor's report thereon.
(4) The
Auditor-General for the State shall have power to conduct periodic checks of all
government statutory corporations, commissions, authorities, agencies, including all
persons and bodies established by a law of the House of Assembly of the State.
(5) The
Auditor-General for a State shall, within ninety days of receipt of the
Accountant-General's financial statement and annual accounts of the State, submit his
report to the House of Assembly of the State and the House shall cause the report to be
considered by a committee of the House responsible for public accounts.
(6) In the
exercise of his functions under this Constitution, the Auditor-General for a State shall
not be subject to the direction or control of any other authority or person.
126. (1) The
Auditor-General for a State shall be appointed by the Governor of the State on the
recommendation of the State Civil Service Commission subject to confirmation by the House
of Assembly of the State.
(2) The
power to appoint persons to act in the office of the Auditor-General for a State shall
vest in the Governor.
(3) Except with
the sanction of a resolution of the House of Assembly of a State, no person shall act in
the office of the Auditor-General for a State for a period exceeding six months.
127. (1) A person holding
the office of Auditor-General under section 126 (1) of this Constitution shall be removed
from office by the Governor of the State acting on an address supported by two-thirds
majority of the House of Assembly praying that he be so removed for inability to discharge
the functions of his office (whether arising from infirmity of mind or body or any other
cause) or for misconduct.
(2) An
Auditor-General shall not been removed from office before such retiring age as may be
prescribed by Law, save in accordance with the provisions of this section.
128. (1) Subject to the
provisions of this Constitution, a House of Assembly shall have power by resolution
published in its journal or in the Office Gazette of the Government of the State to direct
or cause to be directed an inquiry or investigation into -
(a) any
matter or thing with respect to which it has power to make laws; and
(b) the conduct of
affairs of any person, authority, ministry or government department charged, or intended
to be charged, with the duty of or responsibility for -
(i)
executing or administering laws enacted by that House of Assembly, and
(ii) disbursing or
administering moneys appropriated or to be appropriated by such House.
(2) The
powers conferred on a House of Assembly under the provisions of this section are
exercisable only for the purpose of enabling the House to -
(a) make
laws with respect to any matter within its legislative competence and correct any defects
in existing laws; and
(b) expose
corruption, inefficiency of waste in the execution or administration of laws within its
legislative competence and in the disbursement or administration of funds appropriated by
it.
129. (1) For the purposes
of any investigation under section 128 of this Constitution, and subject to the provisions
thereof, a House of Assembly or a committee appointed in accordance with section 103 of
this Constitution shall have power to -
(a) procure
all such evidence, written or oral, direct or circumstantial, as it may think necessary or
desirable, and examine all persons as witnesses whose evidence may be material or relevant
to the subject matter;
(b) require such
evidence to be given on oath;
(c) summon any
person in Nigeria to give evidence at any place or produce any document or other thing in
his possession or under his control, and examine him as a witness and require him to
produce any document or other thing in his possession or under his control, subject to all
just exceptions; and
(d) issue a
warrant to compel the attendance of any person who, after having been summoned to attend,
fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect
to the satisfaction of the House of Assembly or the committee, and order him to pay all
costs which may have been occasioned in compelling his attendance or by reason of his
failure, refusal or neglect to obey the summons and also to impose such fine as may be
prescribed for any such failure, refusal or neglect; and any fine so imposed shall be
recoverable in the same manner as a fine imposed by a court of law.
(2) A
summons or warrant issued under this section may be served or executed by any member of
the Nigeria Police Force or by any person authorised in that behalf by the Speaker of the
House of Assembly of the State.
Back to Page One
Chapter VI
The Executive
Part I
Federal Executive
A - The President of the Federation
130. (1) There shall be for the Federation a President.
(2) The
President shall be the Head of State, the Chief Executive of the Federation and
Commander-in-Chief of the Armed Forces of the Federation.
131. A person shall be qualified for election to the office of
the President if -
(a) he is a
citizen of Nigeria by birth;
(b) he has
attained the age of forty years;
(c) he is a
member of a political party and is sponsored by that political party; and
(d) he has
been educated up to at least School Certificate level or its equivalent.
132. (1) An election to the office of President shall be held on a date to be appointed
by the Independent National Electoral Commission.
(2) An
election to the said office shall be held on a date not earlier than sixty days and not
later than thirty days before the expiration of the term of office of the last holder of
that office.
(3) Where
in an election to the office of President one of the two or more candidates nominated for
the election is the only candidate after the close of nomination, by reason of the
disqualification, withdrawal, incapacitation, disappearance or death of the other
candidates, the Independent National Electoral Commission shall extend the time for
nomination.
(4) For the
purpose of an election to the office of President, the whole of the Federation shall be
regarded as one constituency.
(5) Every
person who is registered to vote at an election of a member of a legislative house shall
be entitled to vote at an election to the office of President.
133. A candidate for an election to the office of President
shall be deemed to have been duly elected to such office where, being the only candidate
nominated for the election -
(a) he has
a majority of YES votes over NO votes cast at the election; and
(b) he has
not less than one-quarter of the votes cast at the election in each of at least two-thirds
of all the States in the Federation and the Federal Capital Territory, Abuja
134. (1) A candidate for an election to the office of President shall be deemed to have be
been duly elected, where, there being only two candidates for the election -
(a) he has
the majority of votes cast at the election; and
(b) he has
not less than one-quarter of the votes cast at the election in each of at least two-thirds
of all the States in the Federation and the Federal Capital Territory, Abuja.
(2) A
candidate for an election to the office of President shall be deemed to have been duly
elected where, there being more than two candidates for the election-
(a) he has
the highest number of votes cast at the election;
and
(b) he has
not less than one-quarter of the votes cast at the election each of at least two-thirds of
all the States in the Federation and the Federal Capital Territory, Abuja.
(3) In a
default of a candidate duly elected in accordance with subsection (2) of this section
their shall be a second election in accordance with subsection (4) of this section at
which the only candidate shall be -
(a) the
candidate who scored the highest number of votes at any election held in accordance with
the said subsection (2) of this section; and
(b) one
among the remaining candidates who has a majority of votes in the highest number of
States, so however that where there are more than one candidate with majority of votes in
the highest number of States, the candidate among them with the highest total of votes
cast at the election shall be the second candidate for the election.
(4) In
default of a candidate duly elected under the foregoing subsections, the Independent
National Electoral Commission shall within seven days of the result of the election held
under the said subsections, arrange for an election between the two candidates and a
candidate at such election shall be deemed elected to the office of President if -
(a) he has
a majority of votes cast at the election; and
(b) he has
not less than one-quarter of the votes cast at the election in each of at least two-thirds
of all the States in the Federation and the Federal Capital Territory, Abuja
(5) In
default of a candidate duly elected under subsection (4) of this section, the Independent
National Electoral Commission shall, within seven days of the result of the election held
under the aforesaid subsection (4), arrange for another election between the two
candidates to which the subsection relates and a candidate at such election shall be
deemed to have been duly elected to the office of President, if he has a majority of the
votes cast at the election.
135. (1) Subject to the provisions of this Constitution, a person shall hold the office
of President until -
(a) when
his successor in office takes the oath of that office;
(b) he dies
whilst holding such office; or
(c) the
date when his resignation from office takes effect;
or
(d) he
otherwise ceases to hold office in accordance with the provisions of this Constitution.
(2) Subject
to the provisions of subsection (1) of this section, the President shall vacate his office
at the expiration of a period of four years commencing from the date, when -
(a) in the
case of a person first elected as President under this Constitution, he took the Oath of
Allegiance and the oath of office; and
(b) in any
other case, the person last elected to that office under this Constitution took the Oath
of Allegiance and oath of office or would, but for his death, have taken such Oaths.
(3) If the
Federation is at war in which the territory of Nigeria is physically involved and the
President considers that it is not practicable to hold elections, the National Assembly
may by resolution extend the period of four years mentioned in subsection (2) of this
section from time to time; but no such extension shall exceed a period of six months at
any one time.
136. (1) If a person duly elected as President dies before taking and subscribing the
Oath of Allegiance and oath of office, or is for any reason whatsoever unable to be sworn
in, the person elected with him as Vice-President shall be sworn in as President and he
shall nominate a new Vice-President who shall be appointed by the President with the
approval by a simple majority of the National Assembly at a joint sitting.
(2) Where
the persons duly elected as President and Vice President die or are unable for any reason
whatsoever to assume office before the inauguration of the National Assembly, the
Independent National Electoral Commission shall immediately conduct an election for a
President and the Vice-President.
137. (1) A person shall not be qualified for election to the office of President if -
(a) subject
to the provisions of section 28 of this Constitution, he has voluntarily acquired the
citizenship of a country other than Nigeria or, except in such cases as may be prescribed
by the National Assembly, he has made a declaration of allegiance to such other country;
or
(b) he has
been elected to such office at any two previous elections; or
(c) under
the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be
of unsound mind;
or
(d) he is
under a sentence of death imposed by any competent court of law or tribunal in Nigeria or
a sentence of imprisonment or fine for any offence involving dishonesty or fraud (by
whatever name called) or for any other offence, imposed on him by any court or tribunal or
substituted by a competent authority for any other sentence imposed on him by such a court
or tribunal; or
(e) within
a period of less than ten years before the date of the election to the office of President
he has been convicted and sentenced for an offence involving dishonesty or he has been
found guilty of the contravention of the Code of Conduct; or
(f) he is
an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any
law in force in Nigeria or any other country; or
(g) being a
person employed in the civil or public service of the Federation or of any State, he has
not resigned, withdrawn or retired from the employment at least thirty days before the
date of the election; or
(h) he is a
member of any secret society; or
(i) he has
been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an
Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a
Tribunals of Inquiry Law or any other law by the Federal or State Government which
indictment has been accepted by the Federal or State Government, respectively; or
(j) he has
presented a forged certificate to the Independent National Electoral Commission.
(2) Where
in respect of any person who has been -
(a)
adjudged to be a lunatic;
(b)
declared to be of unsound mind;
(c)
sentenced to death or imprisonment; or
(d)
adjudged or declared bankrupt
(e) any
appeal against the decision is pending in any court of law in accordance with any law in
force in Nigeria, subsection (1) of this section shall not apply during a period beginning
from the date when such appeal is lodged and ending on the date when the appeal is finally
determined or, as the case may be, the appeal lapses or is abandoned, whichever is
earlier.
138. The President shall not, during his tenure of office, hold
any other executive office or paid employment in any capacity whatsoever.
139. The National Assembly shall by an Act make provisions as
respects -
(a) persons
who may apply to the Court of Appeal for the determination of any question as to whether;
(i) any
person has been validly elected to the office of President or Vice-President
(ii) the
term of office of the President or Vice President has cease, or
(iii) the
office of the President or Vice-President has become vacant
(b)
circumstances and manner in which, and the conditions upon which such application may be
made; and
(c) powers,
practice and procedure of the Court of Appeal in relation to any such application.
140. (1) A person elected to the office of President shall not begin to perform the
functions of that office until he has declared his assets and liabilities as prescribed in
this Constitution and he has taken and subscribed the Oath of Allegiance and the oath of
office prescribed in the Seventh Schedule to this Constitution.
(2) The
oaths aforesaid shall be administered by the Chief Justice of Nigeria or the person for
the time being appointed to exercise the functions of that office.
141. There shall be for the Federation a Vice-President.
142. (1) In any election to which the foregoing provisions of this Part of this Chapter
relate, a candidate for an election to the office of President shall not be deemed to be
validly nominated unless he nominates another candidate as his associate from the same
political party for his running for the office of President, who is to occupy the office
of Vice-President and that candidate shall be deemed to have been duly elected to the
office of Vice-President if the candidate for an election to the office of President who
nominated him as such associate is duly elected as President in accordance with the
provisions aforesaid.
(2) The
provisions of this Part of this Chapter relating to qualification for election, tenure of
office, disqualification, declaration of assets and liabilities and oaths of President
shall apply in relation to the office of Vice-President as if references to President were
references to Vice-President.
143. (1) The President or Vice-President may be removed from office in accordance with
the provisions of this section.
(2)
Whenever a notice of any allegation in writing signed by not less than one-third of the
members of the National Assembly:-
(a) is
presented to the President of the Senate;
(b) stating
that the holder of the office of President or Vice-President is guilty of gross misconduct
in the performance of the functions of his office, detailed particulars of which shall be
specified,
the President of the Senate shall within seven days of the receipt of
the notice cause a copy thereof to be served on the holder of the office and on each
member of the National Assembly, and shall also cause any statement made in reply to the
allegation by the holder of the office to be served on each member of the National
Assembly.
(3) Within
fourteen days of the presentation of the notice to the President of the Senate (whether or
not any statement was made by the holder of the office in reply to the allegation
contained in the notice) each House of the National Assembly shall resolve by motion
without any debate whether or not the allegation shall be investigated.
(4) A
motion of the National Assembly that the allegation be investigated shall not be declared
as having been passed, unless it is supported by the votes of not less than two-thirds
majority of all the members of each House of the National Assembly.
(5) Within
seven days of the passing of a motion under the foregoing provisions, the Chief Justice of
Nigeria shall at the request of the President of the Senate appoint a Panel of seven
persons who in his opinion are of unquestionable integrity, not being members of any
public service, legislative house or political party, to investigate the allegation as
provide in this section.
(6) The
holder of an office whose conduct is being investigated under this section shall have the
right to defend himself in person and be represented before the Panel by legal
practitioners of his own choice.
(7) A Panel
appointed under this section shall -
(a) have
such powers and exercise its functions in accordance with such procedure as may be
prescribed by the National Assembly; and
(b) within
three months of its appointment report its findings to each House of the National
Assembly.
(8) Where
the Panel reports to each House of the National Assembly that the allegation has not been
proved, no further proceedings shall be taken in respect of the matter.
(9) Where
the report of the Panel is that the allegation against the holder of the office has been
proved, then within fourteen days of the receipt of the report at the House the National
Assembly shall consider the report, and if by a resolution of each House of the National
Assembly supported by not less than two-thirds majority of all its members, the report of
the Panel is adopted, then the holder of the office shall stand removed from office as
from the date of the adoption of the report.
(10) No
proceedings or determination of the Panel or of the National Assembly or any matter
relating thereto shall be entertained or questioned in any court.
(11) In
this section -
"gross misconduct" means a grave violation or breach of the
provisions of this Constitution or a misconduct of such nature as amounts in the opinion
of the National Assembly to gross misconduct.
144. (1) The President or Vice-President shall cease to hold office, if -
(a) by a
resolution passed by two-thirds majority of all the members of the executive council of
the Federation it is declared that the President or Vice-President is incapable of
discharging the functions of his office; and
(b) the
declaration is verified, after such medical examination as may be necessary, by a medical
panel established under subsection (4) of this section in its report to the President of
the Senate and the Speaker of the House of Representatives.
(2) Where
the medical panel certifies in the report that in its opinion the President or
Vice-President is suffering from such infirmity of body or mind as renders him permanently
incapable of discharging the functions of his office, a notice thereof signed by the
President of the Senate and the Speaker of the House of Representatives shall be published
in the Official Gazette of the Government of the Federation.
(3) The
President or Vice-President shall cease to hold office as from the date of publication of
the notice of the medical report pursuant to subsection (2) of this section.
(4) the
medical panel to which this section relates shall be appointed by the President of the
Senate, and shall comprise five medical practitioners in Nigeria:-
(a) one of
whom shall be the personal physician of the holder of the office concerned; and
(b) four
other medical practitioners who have, in the opinion of the President of the Senate,
attained a high degree of eminence in the field of medicine relative to the nature of the
examination to be conducted in accordance with the foregoing provisions.
(5) In this
section, the reference to "executive council of the Federation" is a reference
to the body of Ministers of the Government of the Federation, howsoever called,
established by the President and charged with such responsibilities for the functions of
government as the President may direct.
145. Whenever the President transmits to the President of the
Senate and the Speaker of the House of Representatives a written declaration that he is
proceeding on vacation or that he is otherwise unable to discharge the functions of his
office, until he transmits to them a written declaration to the contrary such functions
shall be discharged by the Vice-President as Acting President.
146. (1) The Vice-President shall hold the office of President if the office of President
becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the
removal of the President from office for any other reason in accordance with section 143
of this Constitution.
(2) Where
any vacancy occurs in the circumstances mentioned in subsection (1) of this section during
a period when the office of Vice-President is also vacant, the President of the Senate
shall hold the office of President for a period of not more than three months, during
which there shall be an election of a new President, who shall hold office for the
unexpired term of office of the last holder of the office.
(3) Where
the office of Vice-President becomes vacant:-
(a) by
reason of death or resignation, impeachment, permanent incapacity or removal in accordance
with section 143 or 144 of this Constitution;
(b) by his
assumption of the office of President in accordance with subsection (1) of this section;
or
(c) for any
other reason,
the President shall nominate and, with the approval of each House of
the National Assembly, appoint a new Vice-President.
147. (1) There shall be such offices of Ministers of the Government of the Federation as
may be established by the President.
(2) Any
appointment to the office of Minister of the Government of the Federation shall, if the
nomination of any person to such office is confirmed by the Senate, be made by the
President.
(3) Any
appointment under subsection (2) of this section by the President shall be in conformity
with the provisions of section 14(3) of this Constitution:-
provided that in giving effect to the provisions aforesaid the
President shall appoint at least one Minister from each State, who shall be an indigene of
such State.
(4) Where a
member of the National Assembly or of a House of Assembly is appointed as Minister of the
Government of the Federation, he shall be deemed to have resigned his membership of the
National Assembly or of the House of Assembly on his taking the oath of office as
Minister.
(5) No
person shall be appointed as a Minister of the Government of the Federation unless he is
qualified for election as a member of the House of Representatives.
(6) An
appointment to any of the offices aforesaid shall be deemed to have been made where no
return has been received from the Senate within twenty-one working days of the receipt of
nomination by the Senate.
148. (1) The President may, in his discretion, assign to the Vice-President or any
Minister of the Government of the Federation responsibility for any business of the
Government of the Federation, including the administration of any department of
government.
(2) The
President shall hold regular meetings with the Vice-President and all the Ministers of the
Government of the Federation for the purposes of -
(a)
determining the general direction of domestic and foreign policies of the Government of
the Federation;
(b)
co-ordinating the activities of the President, the Vice-President and the Ministers of the
Government of the Federation in the discharge of their executive responsibilities; and
(c)
advising the President generally in discharge of his executive functions other than those
functions with respect to which he is required by this Constitution to seek the advice or
act on the recommendation of any other person or body.
149. A Minister of the Government of the Federation shall not
enter upon the duties of his office, unless he has declared his assets and liabilities as
prescribed in this Constitution and has subsequently taken and subscribed the Oath of
Allegiance and the oath of office for the due execution of the duties of his office
prescribed in the Seventh Schedule to this Constitution.
150. (1) There shall be an Attorney-General of the Federation who shall be the Chief Law
Officer of the Federation and a Minister of the Government of the Federation.
(2) A
person shall not be qualified to hold or perform the functions of the office of the
Attorney-General of the Federation unless he is qualified to practise as a legal
practitioner in Nigeria and has been so qualified for not less than ten years.
151. (1) The President may appoint any person as a Special Adviser to assist him in the
performance of his functions.
(2) The
number of such Advisers and their remuneration and allowances shall be as prescribed by
law or by resolution of the National Assembly.
(3) Any
appointment made pursuant to the provisions of this section shall be at the pleasure of
the President and shall cease when the President ceases to hold office.
152. A person appointed as Special Adviser under section 151 of
this Constitution shall not begin to perform the functions of his office until he has
declared his assets and liabilities as prescribed in this Constitution and has
subsequently taken and subscribed the Oath of Allegiance and oath of office prescribed in
the Seventh Schedule to this Constitution.
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B - Establishment of certain Federal Executive Bodies
153. (1) There shall be established for the Federation the following
bodies, namely:
(a) Code of Conduct Bureau;
(b) Council of State;
(c) Federal Character Commission;
(d) Federal Civil Service Commission;
(e) Federal Judicial Service Commission;
(f) Independent National Electoral Commission;
(g) National Defence Council;
(h) National Economic Council;
(i) National Judicial Council;
(j) National Population Commission;
(k) National Security Council;
(l) Nigeria Police Council;
(m) Police Service Commission; and
(n) Revenue Mobilisation Allocation and Fiscal Commission.
(2) The composition and powers of each body established by subsection
(1) of this section are as contained in Part 1 of the Third Schedule to this Constitution.
154. (1) Except in the case of ex officio members or where other provisions are made in
this Constitution, the Chairman and members of any of the bodies so established shall,
subject to the provisions of this Constitution, be appointed by the President and the
appointment shall be subject to confirmation by the Senate.
(2) In
exercising his powers to appoint a person as Chairman or member of the Council of State or
the National Defence Council or the National Security Council, the President shall not be
required to obtain the confirmation of the Senate.
(3) In
exercising his powers to appoint a person as Chairman or member of the Independent
National Electoral Commission, National Judicial Council, the Federal Judicial Service
Commission or the National Population Commission, the President shall consult the Council
of State.
155. (1) A person who is a member of any of the bodies established as aforesaid shall,
subject to the provisions of this Part, remain a member thereof -
(a) in the
case of an ex officio member, whilst he holds the office by virtue of which he is a member
of the body;
(b) in the
case of a person who is a member by virtue of his having previously held an office, for
the duration of his life; and
(c) in the
case of a person who is a member otherwise than as ex officio member or otherwise than by
virtue of his having previously held an office, for a period of five years from the date
of his appointment.
(2) A
member of any of the bodies shall cease to be member if any circumstances arise that, if
he were not a member of the body, would cause him to be disqualified for appointment as
such a member.
156. (1) No person shall be qualified for appointment as a member of any of the bodies
aforesaid if -
(a) he is
not qualified or if he is disqualified for election as a member of the House of
Representatives;
(b) within
the preceding ten years, he has been removed as a member of any of the bodies or as the
holder of any other office on the ground of misconduct.
(2) any
person employed in the public service of the Federation shall not be disqualified for
appointment as Chairman or member of any of such bodies:
Provided that where such person has been duly appointed he shall, on
his appointment, be deemed to have resign his former office as from the date of the
appointment.
(3) No
person shall be qualified for appointment to any of the bodies aforesaid if, having
previously been appointed as a member otherwise than as an ex officio member of that body,
he has been re-appointed for a further term as a member of the same body.
157. (1) Subject to the provisions of subsection (3) of this section, a person holding any
of the offices to which this section applies may only be removed from that office by the
President acting on an address supported by two-thirds majority of the Senate praying that
he be so removed for inability to discharge the functions of the office (whether arising
from infirmity of mind or body or any other cause) or for misconduct.
(2) This
section applies to the offices of the Chairman and members of the Code of Conduct Bureau,
the Federal Civil Service Commission, the Independent National Electoral Commission, the
National Judicial Council, the Federal Judicial Service Commission, the Federal Character
Commission, the Nigeria Police Council, the National Population Commission, the Revenue
Mobilisation Allocation and Fiscal Commission and the Police Service Commission.
(3) All
members of the National Population Commission shall cease to be members if the President
declares a National Census Report as unreliable and the report is rejected in accordance
with section 213 of this Constitution.
158. (1) In exercising its power to make appointments or to exercise disciplinary control
over persons, the Code of Conduct Bureau, the National Judicial Council, the Federal Civil
Service Commission, the Federal Judicial Service Commission, the Revenue Mobilisation and
Fiscal Commission, the Federal Character Commission, and the Independent National
Electoral Commission shall not be subject to the direction or control of any other
authority or person.
(2) The
National Population Commission shall not be subject to the direction or control of any
other authority or person:-
(a) in
appointing, training or arranging for the training of enumerators or other staff of the
Commission to assist it in the conduct of any population census;
(b) in
deciding whether or not to accept or revise the return of any officer of the said
Commission concerning the population census in any area or part of the Federation;
(c) in
carrying out the operation of conducting the census; and
(d) in
compiling its report of a national census for publication.
159. (1) The quorum for a meeting of any of the bodies established by section 153 of this
Constitution shall be not less than one-third of the total number of members of that body
at the date of the meeting.
(2) A
member of such a body shall be entitled to one vote, and a decision of the meeting may be
taken and any act or thing may be done in the name of that body by a majority of the
members present at the meeting.
(3)
Whenever such body is assembled for a meeting, the Chairman or other person presiding
shall, in all matters in which a decision is taken by vote (by whatever name such vote may
be called) have a casting as well as a deliberative vote.
(4) Subject
to its rules of procedure, any such body may act or take part in any decision
notwithstanding any vacancy in its membership or the absence of any member.
160. (1) Subject to subsection (2) of this section, any of the bodies may, with the
approval of the President, by rules or otherwise regulate its own procedure or confer
powers and impose duties on any officer or authority for the purpose of discharging its
functions.
(2) In the
exercise of any powers under subsection (1) of this section, any such body shall not
confer powers or impose duties on any officer or authorities of a State except with the
approval of the Governor of the State.
The President, upon the receipt of advice from the Revenue Mobilisation
Allocation and Fiscal Commission, shall table before the National Assembly proposals for
revenue allocation from the Federation Account, and in determining the formula, the
National Assembly shall take into account, the allocation principles especially those of
population, equality of States, internal revenue generation, land mass, terrain as well as
population density.`
161. In this Part of this Chapter, unless the context otherwise
requires -
(a) any reference to "ex officio member" shall be construed
as a reference to a person who is a member by virtue of his holding or performing, the
functions of an office in the public service of the Federation;
(b) "office" means an office in the public service of the
Federation;
(c) any reference to "member" of a body established by
section 153 of this Constitution shall be construed as including a reference to the
Chairman of that body; and
(d) "misconduct" means a breach of the Oath of Allegiance or
oath of office of a member or a breach of the provisions of this Constitution or bribery
or corruption or false declaration of assets and liabilities or conviction for treason or
treasonable felony.
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C - Public Revenue
162. (1) The Federation shall maintain a special account to be called "the
Federation Account" into which shall be paid all revenues collected by the Government
of the Federation, except the proceeds from the personal income tax of the personnel of
the armed forces of the Federation, the Nigeria Police Force, the Ministry or department
of government charged with responsibility for Foreign Affairs and the residents of the
Federal Capital Territory, Abuja.
(2) The
President, upon the receipt of advice from the Revenue Mobilisation Allocation and Fiscal
Commission, shall table before the National Assembly proposals for revenue allocation from
the Federation Account, and in determining the formula, the National Assembly shall take
into account, the allocation principles especially those of population, equality of
States, internal revenue generation, land mass, terrain as well as population density;
Provided that the principle of derivation shall be constantly reflected
in any approved formula as being not less than thirteen per cent of the revenue accruing
to the Federation Account directly from any natural resources.
(3) Any
amount standing to the credit of the Federation Account shall be distributed among the
Federal and State Governments and the Local Government Councils in each State on such
terms and in such manner as may be prescribed by the National Assembly.
(4) Any
amount standing to the credit of the States in the Federation Account shall be distributed
among the States on such terms and in such manner as may be prescribed by the National
Assembly.
(5) The
amount standing to the credit of Local Government Councils in the Federation Account shall
also be allocated to the State for the benefit of their Local Government Councils on such
terms and in such manner as may be prescribed by the National Assembly.
(6) Each
State shall maintain a special account to be called "State Joint Local Government
Account" into which shall be paid all allocations to the Local Government
Councils of
the State from the Federation Account and from the Government of the State.
(7) Each
State shall pay to Local Government Councils in its area of jurisdiction such proportion
of its total revenue on such terms and in such manner as may be prescribed by the National
Assembly.
(8) The
amount standing to the credit of Local Government Councils of a State shall be distributed
among the Local Government Councils of that State on such terms and in such manner as may
be prescribed by the House of Assembly of the State.
(9) Any
amount standing to the credit of the judiciary in the Federation Account shall be paid
directly to the National Judicial Councils for disbursement to the heads of courts
established for the Federation and the States under section 6 of this Constitution.
(10) For
the purpose of subsection (1) of this section, "revenue" means any income or
return accruing to or derived by the Government of the Federation from any source and
includes -
(a) any
receipt, however described, arising from the operation of any law;
(b) any
return, however described, arising from or in respect of any property held by the
Government of the Federation;
(c) any
return by way of interest on loans and dividends in respect of shares or interest held by
the Government of the Federation in any company or statutory body.
163. Where under an Act of the National Assembly, tax or duty is
imposed in respect of any of the matters specified in item D of Part II of the Second
Schedule to this Constitution, the net proceeds of such tax or duty shall be distributed
among the States on the basis of derivation and accordingly -
(a) where
such tax or duty is collected by the Government of a State or other authority of the
State, the net proceeds shall be treated as part of the Consolidated Revenue Fund of that
State;
(b) where
such tax or duty is collected by the Government of the Federation or other authority of
the Federation, there shall be paid to each State at such times as the National Assembly
may prescribe a sum equal to the proportion of the net proceeds of such tax or duty that
are derived from that State.
164. (1) The Federation may make grants to a State to supplement the revenue of that
State in such sum and subject to such terms and conditions as may be prescribed by the
National Assembly.
(2) The
Federation may make external grants to a foreign State or any international body in
furtherance of the foreign policy objectives of Nigeria in such sum and subject to such
terms and conditions as may be prescribed by the National Assembly.
165. Each State shall, in respect of each financial year, pay to
the Federation an amount equal to such part of the expenditure incurred by the Federation
during that financial year for the purpose of collection of taxes or duties which are
wholly or partly payable to the State pursuant to the provisions of this Part of this
Chapter or of any Act of the National Assembly as is proportionate to the share of the
proceeds of those taxes or duties received by the State in respect of that financial year.
166. (1) Any payment that is required by this Part of this Chapter to be made by the
Federation to a State may be set-off by the Federation in or towards payment of any sum
that is due from that State to the Federation in respect of any loan made by the
Federation to that State.
(2) The
right of set-off conferred by subsection (1) of this section shall be without prejudice to
any other right of the Federation to obtain payment of any sum due to the Federation in
respect of any loan.
167. Any payment that is required by this Part of this Chapter
to be made by the Federation to a State shall be a charge upon the Consolidated Revenue
Fund of the Federation and any payment that is so required to be made by a State to the
Federation shall be a charge upon the Consolidated Revenue Fund of that State.
189. (1) Where any payment falls to be made under this Part of this Chapter, the amount
payable shall be certified by the Auditor-General for the Federation;
Provided that a provisional payment may be made before the
Auditor-General has given his certificate.
(2) The
National Assembly may prescribe the time at and manner in which any payment falling to be
made under this Part of this Chapter shall be effected and provide for the making of
adjustments and provisional payment.
D - The Public Service of the Federation
169. There shall be a civil service of the Federation.
170. Subject to the provisions of this Constitution, the Federal
Civil Service Commission may, with the approval of the President and subject to such
conditions as it may deem fit, delegate any of the powers conferred upon it by this
Constitution to any of its members or to any officer in the civil service of the
Federation.
171. (1) Power to appoint persons to hold or act in the offices to which this section
applies and to remove persons so appointed from any such office shall vest in the
President.
(2) The
offices to which this section applies are, namely -
(a)
Secretary to the Government of the Federation;
(b) Head of
the Civil Service of the Federation;
(c)
Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;
(d)
Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the
Government of the Federation howsoever designated; and
(e) any
office on the personal staff of the President.
(3) An
appointment to the office of the Head of the Civil Service of the Federation shall not be
made except from among Permanent Secretaries or equivalent rank in the civil service of
the Federation or of a State.
(4) An
appointment to the office of Ambassador, High Commissioner or other Principal
Representative of Nigeria abroad shall not have effect unless the appointment is confirmed
by the Senate.
(5) In
exercising his powers of appointment under this section, the President shall have regard
to the federal character of Nigeria and the need to promote national unity.
(6) Any
appointment made pursuant to paragraphs (a) and (e) of subsection (2) of this section
shall be at the pleasure of the President and shall cease when the President ceases to
hold office;
Provided that where a person has been appointed from a public service
of the Federation or a State, he shall be entitled to return to the public service of the
Federation or of the State when the President ceases to hold office.
172. A person in the public service of the Federation shall
observe and conform to the Code of Conduct.
173. (1) Subject to the provisions of this Constitution, the right of a person in the
public service of the Federation to receive pension or gratuity shall be regulated by law.
(2) Any
benefit to which a person is entitled in accordance with or under such law as is referred
to in subsection (1) of this section shall not be withheld or altered to his disadvantage
except to such extent as is permissible under any law, including the Code of Conduct.
(3)
Pensions shall be reviewed every five years or together with any Federal civil service
salary reviews, whichever is earlier.
(4)
Pensions in respect of service in the public service of the Federation shall not be taxed.
174. (1) The Attorney-General of the Federation shall have power -
(a) to
institute and undertake criminal proceedings against any person before any court of law in
Nigeria, other than a court-martial, in respect of any offence created by or under any Act
of the National Assembly;
(b) to take
over and continue any such criminal proceedings that may have been instituted by any other
authority or person; and
(c) to
discontinue at any stage before judgement is delivered any such criminal proceedings
instituted or undertaken by him or any other authority or person.
(2) The
powers conferred upon the Attorney-General of the Federation under subsection (1) of this
section may be exercised by him in person or through officers of his department.
(3) In
exercising his powers under this section, the Attorney-General of the Federation shall
have regard to the public interest, the interest of justice and the need to prevent abuse
of legal process.
175. (1) The President may -
(a) grant
any person concerned with or convicted of any offence created by an Act of the National
Assembly a pardon, either free or subject to lawful conditions;
(b) grant
to any person a respite, either for an indefinite or for a specified period, of the
execution of any punishment imposed on that person for such an offence;
(c)
substitute a less severe form of punishment for any punishment imposed on that person for
such an offence; or
(d) remit
the whole or any part of any punishment imposed on that person for such an offence or of
any penalty or forfeiture otherwise due to the State on account of such an offence.
(2) The
powers of the President under subsection (1) of this section shall be exercised by him
after consultation with the Council of State.
(3) The
President, acting in accordance with the advice of the Council of State, may exercise his
powers under subsection (1) of this section in relation to persons concerned with offences
against the army, naval or air-force law or convicted or sentenced by a court-martial.
Back to Page One
Part II
State Executive
A - Governor of a State
176. (1) There shall be for each State of the Federation a Governor.
(2) The governor of a shall be the Chief
Executive of that state
177. A person shall be qualified for election to the office of
Governor of a State if
(a) he is a
citizen of Nigeria by birth;
(b) he has
attained the age of thirty-five years;
(c) he is a
member of a political party and is sponsored by that political party; and
(d) he has
been educated up to at least School Certificate level or its equivalent.
178. (1) An election to the office of Governor of a State shall be held on a date to be
appointed by the Independent National Electoral Commission.
(2) An
election to the office of Governor of a State shall be held on a date not earlier than
sixty days and not later than thirty days before the expiration of the term of office of
the last holder of that office.
(3) Where
in an election to the office of Governor of a State one of the two or more candidates
nominated for the election is the only candidate after the close of nomination, by reason
of the disqualification, withdrawal, incapacitation, disappearance or death of the other
candidates, the Independent National Electoral Commission shall extend the time for
nomination.
(4) For the
purpose of an election under this section a State shall be regarded as one constituency.
(5) Every
person who is registered to vote at an election of a member of a legislative house shall
be entitled to vote at an election to the office of Governor of a State.
179. (1) A candidate for an election to the office of Governor of a State shall be deemed
to have been duly elected to such office where, being the only candidate nominated for the
election-
(a) he has
a majority of YES votes over NO votes cast at the election; and
(b) he has
not less than one-quarter of the votes cast at the election in each of at least two-thirds
of all the local government areas in the State,
but where the only candidate fails to be elected in accordance with
this subsection, then there shall be fresh nominations.
(2) A
candidate for an election to the office of Governor of a State shall be deemed to have
been duly elected where, there being two or more candidates -
(a) he has
the highest number of votes cast at the election; and
(b) he has
not less than one-quarter of all the votes cast in each of at least two-thirds of all the
local government areas in the State.
(3) In
default of a candidate duly elected in accordance with subsection (2) of this section
there shall be a second election in accordance with subsection (4) of this section at
which the only candidates shall be -
(a) the
candidate who secured the highest number of votes cast at the election; and
(b) one
among the remaining candidates who secured a majority of votes in the highest number of
local government areas in the State, so however that where there are more than one
candidate with a majority of votes in the highest number of local government areas, the
candidate among them with the next highest total of votes cast at the election shall be
the second candidate.
(4) In
default of a candidate duly elected under subsection (2) of this section, the Independent
National Electoral Commission shall within seven days of the result of the election held
under that subsection, arrange for an election between the two candidates and a candidate
at such election shall be deemed to have been duly elected to the office of Governor of a
State if -
(a) he has
a majority of the votes cast at the election; and
(b) he has
not less than one-quarter of the votes cast at the election in each of at least two-thirds
of all the local government areas in the State.
(5) In
default of a candidate duly elected under subsection (4) of this section, the Independent
National Electoral Commission shall within seven days of the result of the election held
under that subsection, arrange for another election between the two candidates to which
that sub-paragraph relates and a candidate at such election shall be deemed to have been
duly elected to the office of governor of a State if he has a majority of the votes cast
at the election.
180. (1) subject to the provisions of this Constitution, a person shall hold the office of
Governor of a State until -
(a) When
his successor in office takes the oath of that office; or
(b) he dies
whilst holding such office; or
(c) the date when his resignation from office takes effect; or
(d) he
otherwise ceases to hold office in accordance with the provisions of this constitution.
(2) Subject
to the provisions of subsection (1) of this section, the Governor shall vacate his office
at the expiration of period of four years commencing from the date when -
(a) in the
case of a person first elected as Governor under this Constitution, he took the Oath of
Allegiance and oath of office; and
(b) the
person last elected to that office took the Oath of Allegiance and oath of office or
would, but for his death, have taken such oaths.
(3) If the
Federation is at war in which the territory of Nigeria is physically involved and the
President considers that it is not practicable to hold elections, the National Assembly
may be resolution extend the period of four years mentioned in subsection (2) of this
section from time to time, but no such extension shall exceed a period of six months at
any one time.
181. (1) If a person duly elected as Governor dies before taking and subscribing the Oath
of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in,
the person elected with him as Deputy governor shall be sworn in as Governor and he shall
nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of
a simple majority of the House of Assembly of the State.
(2) Where
the persons duly elected as Governor and Deputy Governor of a State die or are for any
reason unable to assume office before the inauguration of the house of Assembly, the
Independent National Electoral Commission shall immediately conduct an election for a
Governor and Deputy Governor of the State.
182. (1) No person shall be qualified for election to the office of Governor of a State
if -
(a) subject
to the provisions of section 28 of this Constitution, he has voluntarily acquired the
citizenship of a country other than Nigeria or, except in such cases as may be prescribed
by the National Assembly, he has made a declaration of allegiance to such other country;
or
(b) he has
been elected to such office at any two previous elections; or
(c) under
the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be
of unsound mind; or
(d) he is
under a sentence of death imposed by any competent court of law or tribunal in Nigeria or
a sentence of imprisonment for any offence involving dishonesty or fraud (by whatever name
called) or any other offence imposed on him by any court or tribunal or substituted by a
competent authority for any other sentence imposed on him by such a court or tribunal; or
(e) within
a period of less than ten years before the date of election to the office of Governor of a
State he has been convicted and sentenced for an offence involving dishonesty or he has
been found guilty of the contravention of the code of Conduct; or
(f) he is
an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any
law in force in Nigeria; or
(g) being a
person employed in the public service of the Federation or of any State, he has not
resigned, withdrawn or retired from the employment at least thirty days to the date of the
election; or
(h) he is a
member of any secret society; or
(i) he has
been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an
Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a
Tribunals of Inquiry Law or any other law by the Federal or State Government which
indictment has been accepted by the Federal or State Government; or
(j) he has
presented a forged certificate to the independent National Electoral Commission.
(2) Where
in respect of any person who has been
(a) adjudged to be a lunatic;
(b)
declared to be of unsound mind;
(c)
sentenced or declared bankrupt,
(d)
adjudged or declared bankrupt,
an appeal against the decision is pending in any court of law in
accordance with any law in force in Nigeria, subsection (1) of this section shall not
apply during a period beginning from the date when such appeal is lodged and ending on the
date when the appeal is finally determined or, as the case may be, the appeal lapses or is
abandoned, whichever is earlier.
183. The governor shall not, during the period when he holds
office, hold any other executive office or paid employment in any capacity whatsoever.
184. The National Assembly shall make provisions in respect of -
(a) persons who may apply
to an election tribunal for the determination of any question as to whether
(i) any
person has been validly elected to the office of Governor or Deputy Governor,
(ii) the
term of office of a Governor or Deputy Governor has ceased, or
(iii) the
office of Deputy Governor has become vacant;
(b)
circumstances and manner in which, and the conditions upon which such application may be
made; and
(c) powers,
practice and procedure of the election tribunal in relation to any such application.
185. (1) A person elected to the office of the Governor of a State shall not begin to
perform the functions of that until he has declared his assets and liabilities as
prescribed in the Constitution and has subsequently taken and subscribed the Oath of
Allegiance and oath of office prescribed in the Seventh Schedule to this Constitution.
(2) The
Oath of Allegiance and the oath of office shall be administered by the Chief Judge of the
State or Grand Kadi of the Sharia Court of Appeal of the State, if any or President of the
Customary Court of Appeal of the State, if any, or the person for the time being
respectively appointed to exercise the functions of any of those offices in any State.
186. There shall be for each State of the Federation a Deputy
Governor.
187. (1) In any election to which the foregoing provisions of this part of this Chapter
relate a candidate for the office of Governor of a State shall not be deemed to have been
validly nominated for such office unless he nominates another candidate as his associate
for his running for the office of Governor, who is to occupy the office of Deputy
Governor; and that candidate shall be deemed to have been duly elected to the office of
Deputy Governor if the candidate who nominated him is duly elected as Governor in
accordance with the said provisions.
(2) The
provisions of this Part of this Chapter relating to qualification for election, tenure of
office, disqualifications, declaration of assets and liabilities and Oath of Governor
shall apply in relation to the office of Deputy Governor as if references to Governor were
references to Deputy Governor.
188. (1) The Governor or Deputy Governor of a state may Removal of Governor be removed
from office in accordance with the provisions or Deputy Governor of this section. from
office.
(2)
Whenever a notice of any allegation in writing signed by not less than one-third of the
members of the House of Assembly.
(b) stating
that the holder of such office is guilty of gross misconduct in the performance of the
functions of his office, detailed particulars of which shall be specified.
the speaker of the House of Assembly shall, within seven days of the
receipt of the notice, cause a copy of the notice to be served on the holder of the office
and on each member of the House of Assembly, and shall also cause any statement made in
reply to the allegation by the holder of the office, to be served on each member of the
House of Assembly.
(3) Within
fourteen days of the presentation of the notice to the speaker of the House of Assembly
(whether or not any statement was made by the holder of the office in reply to the
allegation contained in the notice-, the House of Assembly shall resolve by motion,
without any debate whether or not the allegation shall be investigated.
(4) A
motion of the House of Assembly that the allegation be investigated shall not be declared
as having been passed unless it is supported by the votes of not less than two-thirds
majority of all the members of the House of Assembly.
(5) Within
seven days of the passing of a motion under the foregoing provisions of this section, the
Chief judge of the State shall at the request of the speaker of the House of Assembly,
appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not
being members of any public service, legislative house or political party, to investigate
the allegation as provided in this section.
(6) The
holder of an office whose conduct is being investigated under this section shall have the
right to defend himself in person or be represented before the panel by a legal
practitioner of his own choice.
(7) A Panel
appointed under this section shall -
(a) have
such powers and exercise its functions in accordance with such procedure as may be
prescribed by the House of Assembly; and
(b) within
three months of its appointment, report its findings to the House of Assembly.
(8) Where
the Panel reports to the House of Assembly that the allegation has not been proved, no
further proceedings shall be taken in respect of the matter.
(9) Where
the report of the Panel is that the allegation against the holder of the office has been
proved, then within fourteen days of the receipt of the report, the house of Assembly
shall consider the report, and if by a resolution of the House of Assembly supported by
not less than two-thirds majority of all its members, the report of the Panel is adopted,
then the holder of the office shall stand removed form office as from the date of the
adoption of the report.
(10) No
proceedings or determination of the Panel or of the House of Assembly or any matter
relating to such proceedings or determination shall be entertained or questioned in any
court.
(11) In
this section -
"gross misconduct" means a grave violation or breach of the
provisions of this Constitution or a misconduct of such nature as amounts in the opinion
in the House of Assembly to gross misconduct.
189. (1) The Governor or Deputy Governor of a State shall cease to hold office if
(a) by a
resolution passed by two-thirds majority of all members of the executive council of the
State, it is declared that the Governor or Deputy Governor is incapable of discharging the
functions of his office; and
(b) the
declaration in paragraph (a) of this subsection is verified, after such medical
examination as may be necessary, by a medical panel established under subsection (4) of
this section in its report to the speaker of the House of Assembly.
(2) Where
the medical panel certifies in its report that in its opinion the Governor or Deputy
Governor is suffering from such infirmity of body or mind as renders him permanently
incapable of discharging the functions of his office, a notice thereof signed by the
Speaker of the House of Assembly shall be published in the Official Gazette of the
Government of the State.
(3) The
Governor or Deputy Governor shall cease to hold office as from the date of publication of
the notice of the medical report pursuant to subsection (2) of this section.
(4) The
medical panel to which this section relates shall be appointed by the Speaker of the House
of Assembly of the State, and shall comprise five medical practitioners in Nigeria -
(a) one of whom shall be the personal physician
of the holder of the office concerned; and
(b) four
other medical practitioners who have, in the opinion of the Speaker of the House of
Assembly, attained a high degree of eminence in the field of medicine relative to the
nature of the examination to be conducted in accordance with the foregoing provisions of
this section.
(5) In this
section, the reference to "executive council of the State" is a reference to the
body of Commissioners of the Government of the State, howsoever called, established by the
Governor and charged with such responsibilities for the functions of Government as the
Governor may direct.
190. Whenever the Governor transmits to the Speaker of the House
of Assembly a written declaration that he is proceeding on vacation or that he is
otherwise unable to discharge the functions of his office, until he transmits to the
Speaker of the House of Assembly a written declaration to the contrary such functions
shall be discharged by the Deputy Governor as Acting Governor.
191. (1) The Deputy Governor of a State shall hold the office of Governor of the State if
the office of Governor becomes vacant by reason of death, resignation, impeachment,
permanent incapacity or removal of the governor from office for any other reason in
accordance with section 188 or 189 of this constitution.
(2) Where
any vacancy occurs in the circumstances mentioned in subsection (1) of this section during
a period when the office of Deputy Governor of the State is also vacant, the Speaker of
the House of Assembly of the State shall hold the office of Governor of the State for a
period of not more than three months, during which there shall be an election of a new
Governor of the State who shall hold office for the unexpired term of office of the last
holder of the office.
(3) Where
the office of the Deputy Governor becomes vacant -
(a) by
reason of death, resignation, impeachment, permanent incapacity or removal in accordance
with section 188 or 189 of this Constitution;
(b) by his
assumption of the office of Governor of a State in accordance with subsection (1) of this
section; or
(c) for any
other reason, the Governor shall nominate and with the approval of the House of Assembly
of the State, appoint a new Deputy Governor.
192. (1) There shall be such offices of Commissioners of the Government of a State as may
be established by the Governor of the State
(2) Any
appointment to the office of Commissioner of the Government of a State shall, if the
nomination of any person to such office is confirmed by the House of Assembly of the
State, be made by the Governor of that State and in making any such appointment the
Governor shall conform with the provisions of section 14(4) of this Constitution.
(3) Where a
member of a House of Assembly or of the National Assembly is appointed as Commissioner of
the Government of a State, he shall be deemed to have resigned his membership of the House
of Assembly or of the National Assembly on his taking the Oath of office as Commissioner.
(4) No
person shall be appointed as a Commissioner of the Government of a State unless he is
qualified for election as a member of the House of Assembly of the State.
(5) An
appointment to the office of Commissioner under this section shall be deemed to have been
made where no return has been received from the House of Assembly within twenty-one
working days of the receipt of nomination, by the House of Assembly.
193. (1) The Governor of a State may, in his discretion, assign to the Deputy Governor or
any Commissioner of the Government of the State responsibility for any business of the
Government of that State, including the administration of any department of Government.
(2) The
Governor of a State shall hold regular meetings with the Deputy Governor and all
Commissioners of the Government of the State for the purposes of -
(a)
determining the general direction of the policies of the Government of the State;
(b)
co-ordinating the activities of the Governor, the Deputy Governor and the Commissioners of
the Government of the State in the discharge of their executive responsibilities; and
(c)
advising the Governor generally in the discharge of his executive functions, other than
those functions with respect to which he is required by this Constitution to seek the
advice or act on the recommendation of any other person or body.
194. A Commissioner of the Government of a State shall not enter
upon the duties of his office unless he has declared his assets and liabilities as
prescribed in this Constitution and has subsequently taken and subscribed the oath of
Allegiance and the oath for the due execution of the duties of his office prescribed in
the Seventh Schedule to this Constitution.
195. (1) There shall be an Attorney-General for each State who shall be the Chief Law
Officer of the State and Commissioner for Justice of the Government of that State.
(2) A
person shall not be qualified to hold or perform the functions of the office of the
Attorney-General of a State unless he is qualified to practise as a legal practitioner in
Nigeria and has been so qualified for not less than ten years.
196. (1) The Governor of a State may appoint any person as a Special Adviser to assist
him in the performance of his functions.
(2) The number of such Advisers and their
remuneration and allowances shall be as prescribed by law or by resolution of the House of
Assembly of the State.
( 3) Any
appointment made pursuant to the provisions of this section shall be at the pleasure of
the Governor, and shall cease when the Governor ceases to hold office.
(4) A
person appointed as a Special Adviser under subsection (1) of this section shall not begin
to perform the functions of the office unless he has declared his assets and liabilities
as prescribed in this Constitution and has subsequently taken and subscribed the Oath of
Allegiance and the oath of office prescribed in the Seventh Schedule to this Constitution.
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B - Establishment of Certain State Executive Bodies
197. (1) There shall be established for each State of the Federation the following
bodies, namely -
(a) State
Civil Service Commission;
(b) State
Independent Electoral Commission; and
(c) State
Judicial Service Commission.
(2) The
composition and powers of each body established by subsection (1) of this section are as
set out in Part II of the Third Schedule to this Constitution.
(3) In
appointing Chairmen and members of boards and governing bodies of statutory corporations
and companies in which the Government of the State has controlling shares or interests and
councils of Universities, Colleges and other institutions of higher learning, the Governor
shall conform with the provisions of section 14(4) of this Constitution.
198. Except in the case of ex-officio members or where other
provisions are made in this Constitution, the Chairman and members of any of the bodies so
established shall, subject to the provisions of this Constitution, be appointed by the
Governor of the State and the appointment shall be subject to confirmation by a resolution
of the House of Assembly of the State.
199. (1) A person who is a member of any of the bodies established as aforesaid shall,
subject to the provisions of this Part, remain a member thereof -
(a) in the
case of an ex-officio member, whilst he holds the office by virtue of which he is a member
of the body;
(b) in the
case of a person who is a member by virtue of his having previously held an office, for
the duration of his life; and
(c) in the
case of a person who is a member otherwise than as an ex-officio member or otherwise than
by virtue of his having previously held an office, for a period of five years from the
date of his appointment.
(2) A
member of any of the bodies shall cease to be a member if any circumstances arise that, if
he were not a member of the body, would cause him to be disqualified for appointment as
such a member.
200. (1) No person shall be qualified for appointment as a member of any of the bodies
aforesaid if -
(a) he is
not qualified or if he is disqualified for election as a member of a House of Assembly;
(b) he has
within the preceding ten years, been removed as a member of any of the bodies or as the
holder of any other office on the ground of misconduct.
(2) Any
person employed in the public service of a State shall not be disqualified for appointment
as Chairman or member of any of such bodies provided that where such a person has been
duly appointed, he shall on his appointment be deemed to have resigned his former office
as from the date of the appointment.
(3) No
person shall be qualified for appointment to any of the bodies aforesaid, if, having
previously been appointed as a member otherwise than as an ex officio member of that body,
he has been re-appointed for a further term as a member of the same body.
201. (1) Any person holding any of the offices to which this section applies shall only
be removed from that office by the Governor of that State acting on an address supported
by two-thirds majority of the House of Assembly of the State praying that he be so removed
for inability to discharge the functions of the office (whether arising from infirmity of
mind or body or any other cause) or for misconduct.
(2) This
section applies to the Offices of the Chairman and members of the State Civil Service
Commission, the State Independent Electoral Commission and the State Judicial Service
Commission.
202. In exercising its power to make appointments or to exercise
disciplinary control over persons the State Civil Service Commission, the State
Independent Electoral Commission and the State Judicial Service Commission shall not be
subject to the direction and control of any other authority or person.
203. (1) The quorum for a meeting of any of the bodies established by section 197 of this
Constitution shall not be less than one-third of the total number of members of that body
at the date of the meeting.
(2) A
member of such a body shall be entitled to one vote and a decision of the meeting may be
taken and any act or thing may be done in the name of that body by a majority of the
members present at a meeting.
(3)
Whenever such bodies is assembled for a meeting, the Chairman or other person presiding
shall, in all matters in which a decision is taken by vote (by whatever name such vote may
be called) have a casting as well as a deliberative vote.
(4) Subject
to its rules of procedure, any such body may act or take any decision notwithstanding any
vacancy in its membership or the absence of any member.
204.
(1) Subject to subsection (2) of this section, any of the bodies
may, with the approval of the Governor, by rules or otherwise regulate its own procedure
or confer powers or impose duties on any officer or authority for the purpose of
discharging its functions.
(2) In the
exercise of any powers under subsection (1) of this section any such body shall not confer
powers or impose duties on any officer or authority of the Federation except with the
approval of the President.
205. In this Part of this Chapter, unless the context otherwise
requires:-
(a) any
reference to ex officio member shall be construed as a reference to a person who is a
member by virtue of his holding or performing the functions of an office in the public
service of a State;
(b) office
means an office in the public service of a State;
(c) any
reference to member of any of the bodies established by section 197 of this Constitution
shall be construed as including a reference, to the Chairman of that body; and
(d)
misconduct means breach of the Oath of Allegiance or oath of office of a member or a
breach of the provisions of this Constitution or bribery or corruption or false
declaration of assets and liabilities or conviction for treason or treasonable felony.
Back to Page One
C - The Public Service of a State
206. There shall be for each State of the Federation a Civil
Service.
207. Subject to the provisions of this Constitution, a State
Civil Service Commission may, with the approval of the Governor and subject to such
conditions as it may deem fit, delegate any of the powers conferred upon it by this
Constitution to any of its members or to any officer in the civil service of the State.
208. (1) Power to appoint persons to hold or act in the offices to which this section
applies and to remove persons so appointed from any such office shall vest in the Governor
of the State.
(2) The
offices to which this section applies are, namely -
(a) Secretary to the Government of the State;
(b) Head of
the Civil Service of the State;
(c)
Permanent Secretary or other chief executive in any Ministry or Department of the
Government of the State howsoever designated; and
(d) any
office on the personal staff of the Governor.
(3) An
appointment to the office of the Head of the Civil Service of a State shall not be made
except from among Permanent Secretaries or equivalent rank in the civil service of any
State or of the Federation.
(4) In
exercising his powers of appointment under this section, the Governor shall have regard to
the diversity of the people within the state and the need to promote national unity.
(5) Any
appointment made pursuant to paragraphs (a) and (d) of subsection (2) of this section
shall be at the pleasure of the Governor and shall cease when the Governor ceases to hold
office:
Provided that where a person has been appointed from a public service
of the Federation or a State, he shall be entitled to return to the public service of the
Federation or of the State when the Governor ceases to hold office.
209. A person in the public service of a State shall observe and
conform to the Code of Conduct.
210. (1) Subject to the provisions of subsection (2) of this section, the right of a
person in the public service of a State to receive pension or gratuity shall be regulated
by law.
(2) Any
benefit to which a person is entitled in accordance with or under such law as is referred
to in subsection (1) of this section shall not be withheld or altered to his disadvantage
except to such extent as is permissible under any law, including the Code of Conduct.
(3)
Pensions shall be reviewed every five years or together with any state civil service
salary reviews, whichever is earlier.
(4) Pensions
in respect of service in the service of a State shall not be taxed
211. (1) The Attorney General of a state shall have power
(a) to
institute and undertake criminal proceedings against any person before any court of law in
Nigeria other than a court-martial in respect of any offence created by or under any law
of the House of Assembly;
(b) to take
over and continue any such criminal proceedings that may have been instituted by any other
authority or person; and
(c) to
discontinue at any stage before judgement is delivered any such criminal proceedings
instituted or undertaken by him or any other authority or person.
(2) The
powers conferred upon the Attorney-General of a state under subsection 1 of this section
may be exercised b him in person or through officers of his department.
(3) In
exercising his powers under this section, the attorney-General of a state shall have
regard to the public interest, the interest of justice and the need to prevent abuse of
legal process
212. (1) The Governor may -
(a) Grant
any person concerned with or convicted of any offence created by any law of a state a
pardon, either free or subject to lawful conditions;
(b) grant
to any person a respite, of the execution of any punishment imposed on that person for
such an offence;
(c) substitute
a less severe form of punishment for any person for such an offence; or
(d) remit
the whole or any part of punishment for any punishment imposed on that person for such any
offence or of any penalty forfeiture otherwise due to the state on account of such an
offence.
(2) The
powers of the governor under subsection (1)of this section shall be exercised by him after
consultation with such advisory council of the state on prerogative of mercy as may be
established by law of the State.
Back to Page One
Part III
Supplemental
A - National Population Census
213. (1) Any report of the National Population Commission containing the population
census after every census shall be delivered to the President by the Chairman of the
commission .
(2) The
President shall within a period of thirty days after receipts of the report lay copies of
the report before the Council of State, which shall consider the report and advise the
President whether to accept it or reject it.
(3) Where
the Council of State advises the President to accept the report, the President shall
accept the same and shall then lay the report on the table of each House of the National
Assembly.
(4) Where
the President accept such report and has laid it on the table of each House of the
National Assembly he shall publish it in the official Gazette of the Government of the
Federation for public information.
(5) Where
the Council of State advises the president to reject upon the ground-
(a) that
the population census contained in the report is inaccurate; or
(b) that
the report is perverse,
the President shall reject the report accordingly and no reliance shall
be placed upon any such report by any authority or person or for any purpose what so ever.
B - Nigeria Police Force
214. (1) There shall be a police force for Nigeria, which shall be known as the Nigeria
Police Force, and subject to the provisions of this section no other police force shall be
established for the Federation or any part thereof.
(2) Subject
to the provisions of this Constitution -
(a) the
Nigeria Police Force shall be organised and administered in accordance with such
provisions as may be prescribed by an act of the National Assembly;
(b) the
members of the Nigeria Police shall have such powers and duties as maybe conferred upon
them by law;
(c) the
National Assembly may make provisions for branches of the Nigeria Police Force forming
part of the armed forces of the Federation or for the protection of
harbours, waterways,
railways and air fields.
215. (1) There shall be -
(a) an
Inspector-General of Police who, subject to section 216(2) of this Constitution shall be
appointed by the President on the advice of the Nigeria Police Council from among serving
members of the Nigeria Police Force;
(b) a
Commissioner of Police for each state of the Federation who shall be appointed by the
Police Service Commission.
(2) The
Nigeria Police Force shall be under the command of the Inspector-General of Police and
contingents of the Nigeria Police Force stationed in a state shall, subject to the
authority of the Inspector-General of Police, be under the command of the Commissioner of
Police of that state.
(3) The
President or such other Minister of the Government of the Federation as he may authorise
in that behalf may give to the Inspector-General of Police such lawful directions with
respect to the maintenance and securing of public safety and public order as he may
consider necessary, and the Inspector-General of Police shall comply with those direction
or cause them to be compiled with.
(4) Subject
to the provisions of this section, the Governor of a state or such Commissioner of the
Government state as he may authorise in that behalf, may give to the Commissioner of
Police of that state such lawful directions with respect to the maintenance and securing
of public safety and public order within the state as he may consider necessary, and the
Commissioner of Police shall comply with those directions or cause them to be complied
with:
Provided that before carrying out any such directions under the
foregoing provisions of this subsection the Commissioner of Police may request that the
matter be referred to the President or such minister of the Government of the Federation
as may be authorised in that behalf by the President for his directions.
(5) The
question whether any, and if so what, directions have been given under this section shall
not be inquired into in any court.
216. (1) Subject to the provisions of this constitution, the Nigeria Police Council may,
with the approval of the President and subject to such conditions as it may think fit,
delegate any of the powers conferred upon it by this Constitution to any of its members or
to the Inspector-General of Police or any other member of the Nigeria Police Force.
(2) Before
making any appointment to the office of the Inspector-General of Police or removing him
from office the President shall consult the Nigeria Police Council.
C - Armed Forces of the
Federation.
217. (1) There shall be an armed forces for the Federation which shall consist of an
army, a navy, an Air Force and such other branches of the armed forces of the Federation
as may be established by an Act of the National Assembly.
(2) The
Federation shall, subject to an Act of the National Assembly made in that behalf, equip
and maintain the armed forces as may be considered adequate and effective for the purpose
of -
(a)
defending Nigeria from external aggression;
(b)
maintaining its territorial integrity and securing its borders from violation on land,
sea, or air;
(c)
suppressing insurrection and acting in aid of civil authorities to restore order when
called upon to do so by the President, but subject to such conditions as may be prescribed
by an Act of the National Assembly; and
(d)
performance such other functions as may be prescribed by an Act of the National Assembly.
(3) The
composition of the officer corps an other ranks of the armed forces of the Federation
shall reflect the federal character of Nigeria.
218. (1) The powers of the President as the Commissioner-in-Chief of the Armed Forces of
the Federation shall include power to determine the operational use of the armed forces of
the Federation.
(2) The
powers conferred on the President by subsection (1) of this section shall include power to
appoint the Chief of Defence staff, the Chief of Army Staff, the Chief of Naval Staff, the
Chief of Air Staff and heads of any other branches of the armed forces of the Federation
as may be established by an Act of the National Assembly.
(3) The
President may, by directions in writing and subject to such conditions as he think fit,
delegate to any member of the armed forces of the Federation his powers relating to the
operational use of the Armed Forces of the Federation.
(4) The
National Assembly shall have power to make laws for the regulation of -
(a) the
powers exercisable by the President as Commander-in-Chief of the Armed Forces of the
Federation; and
(b) the
appointment, promotion and disciplinary control of members of the armed forces of the
Federation.
219. The National Assembly shall -
(a) in
giving effect to the functions specified in section 217 of thisConstitution; and
(b) with
respect to the powers exercisable by the President under section 218of this Constitution,
by an Act, established a body which shall comprise such members as theNational Assembly
may determine, and which shall have power to ensure that the composition of the armed
forces of the Federation shall reflect the federal character of Nigeria in the manner
prescribed in the section 217 of this Constitution.
220. (1) The Federation shall establish and maintain adequate facilities for carrying
into effect any Act of the National Assembly providing for compulsory military training or
military service for citizens of Nigeria.
(2) Until
an Act of the National Assembly is made in that behalf the President may maintain adequate
facilities in any secondary or post-secondary educational institution in Nigeria for
giving military training in any such institution which desires to have the training.
Back to Page One
D - Political Parties
221. No association, other than a political party, shall canvass
for votes for any candidate at any election or contribute to the funds of any political
party or to the election expenses of any candidate at an election.
222. No association by whatever name called shall function as a
party, unless -
(a) the
names and addresses of its national officers are registered with the Independent National
Electoral Commission;
(b) the
membership of the association is open to every citizen of Nigeria irrespective of his
place of origin, circumstance of birth, sex, religion or ethnic grouping;
(c) a copy
of its constitution is registered in the principal office of the Independent National
Electoral Commission in such form as may be prescribed by the Independent National
Electoral Commission;
(d) any
alteration in its registered constitution is also registered in the principal office of
the Independent National Electoral Commission within thirty days of the making of such
alteration
(e) the
name of the association, its symbol or logo does not contain any ethnic or religious
connotation or give the appearance that the activities of the association are confined to
a part only of the geographical area of Nigeria; and
(f) the
headquarters of the association is situated in the Federal Capital Territory, Abuja.
223. (1) The constitution and rules of a political party shall-
(a) provide
for the periodical election on a democratic basis of the principal officers and members of
the executive committee or other governing body of the political party; and
(b) ensure
that the members of the executive committee or other governing body of the political party
reflect the federal character of Nigeria.
(2) For the
purposes of this section -
(a) the
election of the officers or members of the executive committee of a political party shall
be deemed to be periodical only if it is made at regular intervals not exceeding four
years; and
(b) the
members of the executive committee or other governing body of the political character of
Nigeria only if the members thereof belong to different states not being less in number
than two-thirds of all the states of the Federation and the Federal Capital Territory,
Abuja.
224. The programme as well as the aims and objects of a
political party shall conform with the provisions of Chapter II of this Constitution.
225. (1) Every political party shall, at such times and in such manner as the independent
National Electoral Commission and publish a statement of its assets and liabilities.
(2) Every
political party shall submit to the Independent National Electoral Commission a detailed
annual statement and analysis of its sources of funds and other assets together with a
similar statement of its expenditure in such form as the Commission may require.
(3) No
political party shall -
(a) hold or
possess any funds or other assets outside Nigeria; or
(b) be
entitled to retain any funds or assets remitted or sent to it from outside Nigeria.
(4) Any
funds or other assets remitted or sent to a political party from outside Nigeria shall be
paid over or transferred to the Commission within twenty-one days of its receipt with such
information as the Commission may require.
(5) The
Commission shall have power to give directions to political parties regarding the books or
records of financial transactions which they shall keep and, to examine all such books and
records.
(6) The
powers conferred on the Commission under subsection (4) of this section may be exercised
by it through any member of its staff or any person who is an auditor by profession, and
who is not a member of a political party.
226. (1) The Independent National Electoral commission, shall in every year prepare and
submit to the National Assembly a report on the accounts and balance sheet of every
political party.
(2) It
shall be the duty of the commission, in preparing its report under this section, to carry
out such investigations as will enable it to form an opinion as to whether proper books of
accounts and proper records have been kept by any political party, and if the Commission
is of the opinion that proper books of accounts have not been kept by a political party,
the Commission shall so report.
(3) Every
member of the Commission or its duly authorised agent shall -
(a) have a
right of access at all times to the books and accounts and vouchers of all political
parties; and
(b) be
entitled to require from the officers of the political party such information and
explanation which to the best of his knowledge and belief are necessary for the purposes
of the investigation, the Commission shall state that fact in its report.
227. No association shall retain, organise, train or equip any
person or group of persons for the purpose of enabling them to be employed for the use or
display of physical force or coercion in promoting any political objective or interest or
in such manner as to arouse reasonable apprehension that they are organised and trained or
equipped for that purpose.
228. The National Assembly may by law provide -
(a) for the
punishment of any person involved in the management or control of any political party
found after due inquiry to have contravened any of the provisions of sections 221, 225(3)
and 227 of this Constitution;
(b) for the
disqualification of any persons from holding public office on the ground that he knowingly
aids or abets a political party in contravening section 225(3) of this Constitution;
(c) for an
annual grant to the Independent National Electoral Commission for disbursement to
political parties on a fair and equitable basis to assist them in the discharge of their
functions; and
(d) for the
conferment on the Commission of other powers as may appear to the National Assembly to be
necessary or desirable for the purpose of enabling the Commission more effectively to
ensure that political parties observe the provisions of this part of this chapter.
229. In this Part of this chapter, unless the context otherwise
requires -
"association" means any body of persons corporate or
unincorporate who agree to act together for any commission purpose, and includes an
association formed for any ethnic, social, cultural, occupational religious purpose; and
"political party" includes any association whose activities
include canvassing for votes in support of a candidate for election to the office of
President, Vice-President, Governor, Deputy Governor or membership of a legislative house
or of a local government council.
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Chapter VII
The Judicature
Part I
Federal Courts
A - The Supreme Court of Nigeria
230. (1) There shall be a Supreme Court of Nigeria.
(2) The
Supreme Court of Nigeria shall consist of -
(a) the
Chief Justice of Nigeria; and
(b) such
number of Justices of the Supreme Court, not exceeding twenty-one, as may be prescribed by
an Act of the National Assembly.
231. (1) The appointment of a person to the office of Chief Justice of Nigeria shall be
made by the President on the recommendation of the National Judicial Council subject to
confirmation of such appointment by the Senate.
(2) The
appointment of a person to the office of a Justice of the Supreme Court shall be made by
the President on the National Judicial Council subject to confirmation of such appointment
by the senate.
(3) A
person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice
of the Supreme Court, unless he is qualified to practice as a legal practitioner in
Nigeria and has been so qualified for a period of not less than fifteen years.
(4) If the
office of Chief Justice of Nigeria is vacant or if the person holding the office is for
any reason unable to perform the functions of the office, then until a person has been
appointed to and has assumed the functions of that office, or until the person holding has
resumed those functions, the President shall appoint the most senior Justice of the
Supreme Court to perform those functions.
(5) Except
on the recommendation of the National Judicial Council, an appointment pursuant to the
provisions of subsection (4) of this section shall cease to have effect after the
expiration of three months from the date of such appointment, and the President shall not
re-appointment a person whose appointment has lapsed.
232. (1) The Supreme Court shall, to the exclusion of any other court, have original
jurisdiction in any dispute between the Federation and a state or between states if and in
so far as that dispute involves any question (whether of law or fact) on which the
existence or extent of a legal right depends.
(2) In
addition to the jurisdiction conferred upon it by subsection (1) of this section, the
Supreme Court shall have such original jurisdiction as may be conferred upon it by any Act
of the National Assembly.
Provided that no original jurisdiction shall be conferred upon the
Supreme Court with respect to any criminal matter.
233. (1) The Supreme Court shall have jurisdiction, to the exclusion of any other court
of law in Nigeria, to hear and determine appeals from the Court of Appeal.
(2) An
appeal shall lie form decisions of the Court of Appeal to the Supreme Court as of right in
the following cases -
(a) where
the ground of appeal involves questions of law alone, decisions in any civil or criminal
proceedings before the Court of Appeal;
(b)
decisions in any civil or criminal proceedings on questions as to the interpretation or
application of this constitution,
(c)
decisions in any civil or criminal proceedings on questions as to whether any of the
provisions of Chapter IV of this Constitution has been, is being or is likely to be,
contravened in relation to any person;
(d)
decisions in any criminal proceedings in which any person has been sentenced to death by
the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death
imposed by any other court;
(e)
decisions on any question -
(i) whether
any person has been validly elected to the office of President or Vice-President under
this Constitution,
(ii)
whether the term of office of office of President or Vice-President has ceased,
(iii)
whether the office of President or Vice-President has become vacant; and
(c) such
other cases as may be an Act of the National Assembly.
(3) Subject
to the provisions of subsection (2) of this section, an appeal shall lie from the
decisions of the Court of Appeal to the Supreme Court with the leave of the Court of
Appeal or the Supreme Court.
(4) The
Supreme Court may dispose of any application for leave to appeal from any decision of the
Court Appeal in respect of any civil or criminal proceedings in the record of the
proceedings if the Supreme Court is of opinion that the interests of justice do not
require an oral hearing of the application.
(5) Any
right of appeal to the supreme Court from the decisions of the Court of Appeal conferred
by this section shall be exercisable in the Case of civil proceedings at the instance of a
party thereto, or with the leave of the Court of Appeal or the Supreme Court at the
instance of an person having an interest in the matter, and in the case of criminal
proceedings at the instance of an accused person, or subject to the provisions of this
Constitution and any powers conferred upon the Attorney-General of the Federation or the
Attorney-General of a state to take over and continue or to discontinue such proceedings,
at the instance of such other authorities or persons as may be prescribed.
(6) Any
right of appeal to the Supreme Court form the decisions of the Court of Appeal conferred
by this section shall, subject to section 236 of this Constitution, be exercised in
accordance with any Act of the National Assembly and rules of court for the time being in
force regulating the powers, practice and procedure of the Supreme Court.
234. For the purpose of exercising any jurisdiction conferred
upon it by this Constitution or any Law, the Supreme Court shall be duly constituted if it
consists of not less than five Justices of the Supreme Court:
Provided that where the Supreme Court is sitting to consider an appeal
brought under 233(2)(b) or (c) of this Constitution, or to exercise its original
jurisdiction in accordance with section 232 of this Constitution, the Court shall be
constituted by seven Justices.
235. Without prejudice to the powers of the President or of the
Governor of a state with respect to prerogative of mercy, no appeal shall lie to any other
body or person from any determination of the Supreme Court.
236. Subject to the provisions of any Act of the National
Assembly, the Chief Justice of Nigeria may make rules for regulating the practice and
procedure of the Supreme Court.
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B - The Court of Appeal
237. (1) There shall be a Court of Appeal.
(2) The
Court of Appeal shall consist of -
(a) a
President of the Court of Appeal; and
(b) such
number of Justices of the Court of Appeal, not less than forty-nine of which not less than
three shall be learned I Islamic personal law, and not less than three shall be learned in
Customary law, as may be prescribed by an Act of the National Assembly.
238. (1) The appointment of a person to the office of President of the Court of appeal
shall be made by the President o the recommendation of the National Judicial Council
subject to confirmation of such appointment by the senate.
(2) The
appointment of a person to the office of a Justice of the Court of Appeal shall be made by
the President on the recommendation of the National Judicial Council.
(3) A
person shall not be qualified to hold the office of a Justice of the Court of Appeal
unless he is qualified to practise as a legal practitioner in Nigeria and has been so
qualified for a period of not less than twelve years.
(4) If the
office of the President of the Court of appeal is vacant, or if the person holding the
office is for any reason unable to perform the functions of the office, then until a
person has been appointed to and has assumed the functions of that office, or until the
person holding the office has resumed those functions, the President shall appoint the
most senior Justice of the Court of Appeal to perform those functions.
(5) Except
on the recommendation of the National Judicial Council, an appointment pursuant to the
provisions of subsection (4) of this section shall cease to have effect after the
expiration of three months from the date of such appointment, and the President shall not
re-appoint a person whose appointment has lapsed.
239. (1) Subject to the provisions of this Constitution, the Court of Appeal shall, to
the exclusion of any other court of Law in Nigeria, have original jurisdiction to hear and
determine any question as to whether -
(a) any
person has been validity elected to the office of President or Vice-President under this
Constitution; or
(b) the
term of office of the President or Vice-President has ceased; or
(c) the
office of President or Vice-President has become vacant.
(2) In the
hearing and determine of an election petition under paragraph (a) of subsection (1) of
this section, the Court of Appeal shall be duly constituted if it consists of at least
three Justices of the Court Appeal.
240. Subject to the provisions of this Constitution, the Court
of Appeal shall have jurisdiction to the exclusion of any other court of law in Nigeria,
to hear and determine appeals from the Federal High Court, the High Court of the
Federation Capital Territory, Abuja, High Court of a state, Sharia Court of Appeal of the
Federal Capital Territory, Abuja, Sharia Court of Appeal of a state, Customary Court of
Appeal of a state and from decisions of a court martial or other tribunals as may be
prescribed by an Act of the National Assembly.
241. (1) An appeal shall lie from decisions of the Federal High Court or a High Court to
the Court of Appeal as of right in the following cases -
(a) final
decisions in any civil or criminal proceedings before the Federal High Court or a High
Court sitting at first instance;
(b) where
the ground of appeal involves questions of law alone, decisions in any civil or criminal
proceedings;
(c)
decisions in any civil or criminal proceedings on questions as to the interpretation or
application of this Constitution;
(d)
decisions in any civil or criminal proceedings on questions as to whether any of the
provisions of Chapter IV of this Constitution has been, is being or is likely to be,
contravened in relation to any person;
(e)
decisions in any criminal proceedings in which the Federal High Court or a High Court has
imposed a sentence of death;
(f)
decisions made or given by the Federal High Court or a High Court -
(i) where
the liberty of a person or the custody of an infant is concerned,
(ii) where
an injunction or the appointment of a receiver is granted or refused,
(iii) in
the case of a decision determining the case of a creditor or the liability of a
contributory or other officer under any enactment relating to companies in respect of
misfeasance or otherwise,
(iv) in the
case of a decree nisi in a matrimonial cause or a decision in an admiralty action
determining liability, and
(v) in such
other cases as may be prescribed by any law in force in Nigeria.
(2) Nothing
in this section shall confer any of appeal -
(a) from a
decision of the Federal High Court or any High Court granting unconditional leave to
defend an action;
(b) from an
order absolute for the dissolution or nullity of marriage in favour of any party who,
having had time and opportunity to appeal from the decree nisi on which the order
was founded, has not appealed from that decree nisi; and
(c) without
the leave of the Federal High Court or a High Court or of Appeal, from a decision of the
Federal High Court High Court made with the consent of the parties or as to costs only
242. (1) Subject to the provisions of section 241 of this Constitution, an appeal shall
lie from decisions of the Federal High Court or a High Court to the Court of Appeal with
the leave of the Federal High Court or that High Court or the Court Appeal
(2) The
Court of Appeal may dispose of any application for leave to appeal from any decision of
the Federal High Court or a High Court in respect of any civil or criminal proceedings in
which an appeal has been brought to the Federal High Court or a High Court from any other
court after consideration of the record of the proceedings, if the Court of Appeal is of
the opinion that the interests of justice do not require an oral hearing of the
application.
243. Any right of appeal to the Court of Appeal from the
decisions of the Federal High Court or a High Court conferred by this Constitution shall
be -
(a)
exercisable in the case of civil proceedings at the instance of a party thereto, or with
the leave of the Federal High Court or High Court or the Court of Appeal at the instance
of any other person having an interest in the matter, and in the case of criminal
proceedings at the instance of an accused person or, subject to the provisions of this
Constitution and any powers conferred upon the Attorney-General of the Federation or the
Attorney-General of a state to take over and continue or to discontinue such proceedings,
at the instance of such other authorities or persons as may be prescribed;
(b)
exercised in accordance with any Act of the National Assembly and rules of court for the
time being in force regulating the powers, practice and procedure of the Court of Appeal.
244. (1) An appeal shall lie from decisions of a Sharia Court of Appeal to the Court of
Appeal as of right in any civil proceedings before the Sharia Court of Appeal with respect
to any question of Islamic personal law which the Sharia Court of Appeal is competent to
decide.
(2) Any
right of appeal to the Court of Appeal from the decisions of a Sharia Court of Appeal
conferred by this section shall be -
(a)
exercisable at the instance of a party thereto or, with the leave of the Sharia Court of
Appeal or of the Court of Appeal, at the instance of any other person having an interest
in the matter; and
(b)
exercised in accordance with an Act of the National Assembly and rules of court for the
time being in force regulating the powers, practice and procedure of the Court of Appeal.
245. (1) An
appeal shall lie from decisions of a customary Court of Appeal to the Court of Appeal as
of right in any civil proceedings before the customary Court of Appeal with respect to any
question of Customary law and such other matters as may be prescribed by an Act of the
National Assembly.
(2) Any
right of appeal to the Court of Appeal from the decisions of a Customary Court of Appeal
conferred by this section shall be -
(a)
exercisable at the instance of a party thereto or, with the leave of the Customary Court
of Appeal or of the Court of Appeal, at the instance of any other person having an
interest in the matter;
(b)
exercised in accordance with any Act of the National Assembly and rules of court for the
time being in force regulating the powers, practice and procedure of the Court of Appeal.
246. (1) An
appeal to the Court of Appeal shall lie as of right from -
(a)
decisions of the Code of Conduct Tribunal established in the Fifth Schedule to this
Constitution;
(b)
decisions of the National Assembly Election Tribunals and Governorship and Legislative
Houses Election Tribunals on any question as to whether
(i) any
person has been validly elected as a member of the National Assembly or of a House of
Assembly of a State under this Constitution,
(ii) any
person has been validly elected to the office of a Governor or Deputy Governor, or
(iii) the
term of office of any person has ceased or the seat of any such person has become vacant.
(2) The
National Assembly may confer jurisdiction upon the Court of Appeal to hear and determine
appeals from any decision of any other court of law or tribunal established by the
National Assembly.
(3) The
decisions of the Court of Appeal in respect of appeals arising from election petitions
shall be final.
247. (1)
For the purpose of exercising any jurisdiction conferred upon it by this Constitution or
any other law, the Court of Appeal shall be duly constituted if it consists of not less
than three Justices of the Court of Appeal and in the case of appeals from -
(a) a
sharia Court of Appeal if it consists of not less than three Justices of the Court of
Appeal learned in Islamic personal law; and
(b) a
Customary Court of Appeal, if it consists of not less than three Justices of Court of
Appeal learned in Customary law.
248. Subject to the provisions of any Act of the National Assembly, the
president of the Court of Appeal may make rules for regulating the practice and procedure
of the Court of Appeal.
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C - The Federal High Court
249.
(1)
There shall be a Federal High Court.
(2) The
Federal High Court shall consist of -
(a) a Chief
Judge of the Federal High Court; and
(b) such
number of Judges of the Federal High Court as may be prescribed by the an Act of the
National Assembly.
250. (1)
The appointment of a person to the office of Chief Judge of the Federal High Court shall
be made by the President on the recommendation of the National Judicial Council, subject
to confirmation of such appointment by the Senate.
(2) The
appointment of a person to the office of a Judge of the Federal High Court shall be made
by the President on the recommendation of the National Judicial Council.
(3) A
person shall not be qualified to hold the office of Chief Judge of the Federal High Court
unless he is qualified to practise as a legal practitioner in Nigeria and has been so
qualified for a period of not less than ten years.
(4) If the
office of Chief Judge of the Federal High Court is vacant or if the person holding the
office is for any reason unable to perform the functions of the office, then, until a
person has been appointed to and has assumed those functions of that office until the
person holding the office has resumed those functions the President shall appoint the most
senior Judge of the Federal High Court to perform those functions''
(5) Except
on the recommendation of the National Judicial Council, an appointment pursuant to the
provisions of subsection (3) of this section shall cease to have effect after the
expiration of three months from the date of such appointment and the President shall not
re-appoint a person whose appointment has lapsed
251. (1)
Notwithstanding anything to the contained in this Constitution and in addition to such
other jurisdiction as may be conferred upon it by an Act of the National Assembly, the
Federal High Court shall have and exercise jurisdiction to the exclusion of any other
court in civil causes and matters -
(a)
relating to the revenue of the Government of the Federation in which the said Government
or any organ thereof or a person suing or being sued on behalf of the said Government is a
party;
(b)
connected with or pertaining to the taxation of companies and other bodies established or
carrying on business in Nigeria and all other persons subject to Federal taxation;
(c)
connected with or pertaining to customs and excise duties and export duties, including any
claim by or against the Nigeria Customs Service or any member or officer thereof, arising
from the performance of any duty imposed under any regulation relating to customs and
excise duties and export duties;
(d)
connected with or pertaining to banking, banks, other financial institutions, including
any action between one bank and another, any action by or against the Central Bank of
Nigeria arising from banking, foreign exchange, coinage, legal tender, bills of exchange,
letters of credit, promissory notes and other fiscal measures:
Provided that this paragraph shall not apply to any dispute between
an individual customer and his bank in respect of transactions between the individual
customer and the bank;
(e)
arising from the operation of the Companies and Allied Matters Act or any other enactment
replacing the Act or regulating the operation of companies incorporated under the
Companies and Allied Matters Act;
(f) any
Federal enactment relating to copyright, patent, designs, trade marks and passing-off,
industrial designs and merchandise marks, business names, commercial and industrial
monopolies, combines and trusts, standards of goods and commodities and industrial
standards;
(g) any
admiralty jurisdiction, including shipping and navigation on the River Niger or River
Benue and their affluents and on such other inland waterway as may be designated by any
enactment to be an international waterway, all Federal ports, (including the constitution
and powers of the ports authorities for Federal ports) and carriage by sea;
(h)
diplomatic, consular and trade representation;
(i)
citizenship, naturalisation and aliens, deportation of persons who are not citizens of
Nigeria, extradition, immigration into and emigration from Nigeria, passports and visas;
(j)
bankruptcy and insolvency;
(k)
aviation and safety of aircraft.
(l) arms,
ammunition and explosives;
(m) drugs
and poisons;
(n) mines
and minerals (including oil fields, oil mining, geological surveys and natural gas);
(o) weights
and measures:
(p) the
administration or the management and control of the Federal Government or any of its
agencies;
(q) subject
to the provisions of this Constitution, the operation and interpretation of this
Constitution in so far as it affects the Federal Government or any of its agencies;
(r) any
action or proceeding for a declaration or injunction affecting the validity of any
executive or administrative action or decision by the Federal Government or any of its
agencies; and
(s) such
other jurisdiction civil or criminal and whether to the exclusion of any other court or
not as may be conferred upon it by an Act of the National Assembly:
Provided that nothing in the provisions of paragraphs (p), (q) and
(r) of this subsection shall prevent a person from seeking redress against the Federal
Government or any of its agencies in an action for damages, injunction or specific
performance where the action is based on any enactment, law or equity.
(2) The
Federal High Court shall have and exercise jurisdiction and powers in respect of treason,
treasonable felony and allied offences.
(3) The
Federal High Court shall also have and exercise jurisdiction and powers in respect of
criminal causes and matters in respect of which jurisdiction is conferred by subsection
(1) of this section.
252. (1)For
the purpose of exercising any jurisdiction conferred upon it by this Constitution or as
may be conferred by an Act of the National Assembly, the Federal High Court shall have all
the powers of the High Court of a state.
(2)
Notwithstanding subsection (1) of this section, the National Assembly may by law make
provisions conferring upon the Federal high Court powers additional to those conferred by
this section as may appear necessary or desirable for enabling the Court more effectively
to exercise its jurisdiction.
253. The Federal High Court shall be duly constituted if it consists of
at least one Judge of that Court.
254. Subject to the provisions of any Act of the National Assembly, the
Chief Judge of the Federal High Court may make rules for regulating the practice and
procedure of the Federal High Court.
D - The High Court of the Federal
Capital Territory, Abuja
255. (1)There
shall be a High Court of the Federal Capital Territory, Abuja.
(2) The
High Court of the Federal Capital Territory, Abuja shall consist of -
(a) a Chief Judge of the High Court of the Federal Capital Territory,
Abuja; and
(b) such number of Judges of the High Court as may be prescribed by an
Act of the National Assembly.
256. (1)
The appointment of a person to the office of Chief Judge of the High Court of the Federal
Capital Territory, Abuja shall be made by the President on the recommendation of the
National Judicial council, subject to confirmation of such appointment by the senate.
(2) The
appointment of a person to the office of a Judge of the High Court of the Federal Capital
Territory, Abuja shall be made by the president on the recommendation of the National
Judicial Council.
(3) A
person shall not be qualified to hold the office of a Chief Judge or a Judge of the High
Court of the Federation Capital Territory, Abuja unless he is qualified to practice as a
legal practitioner in Nigeria and has been so qualified for a period of not less than ten
years.
(4) If the
office of the Chief Judge of the High Court of the Federal Capital Territory, Abuja is
vacant or if the person holding the office is for any reason unable to perform the
functions of the office, then until a person has been appointed to and has assumed the
functions of that office until the person holding the office has resumed those functions,
the President shall appoint the most senior Judge of the High Court of the Federal Capital
Territory, Abuja, to perform those functions.
(5) Except
on the recommendation of the National Judicial Council, an appointment pursuant to the
provisions of subsection (4) of this section shall cease to have effect after the
expiration of three months from the date of such appointment and the President shall not
re-appoint a person whose appointment has lapsed.
257. (1) Subject to the provisions of section 251 and any other provisions of this
Constitution and in addition to such other jurisdiction as may be conferred upon it by
law, the High Court of the Federal Capital Territory, Abuja shall have jurisdiction to
hear and determine any civil proceedings in which the existence or extent of a legal
right, power, duty, liability privilege, interest, obligation or claim is in issue or to
hear and determine any criminal proceedings involving or relating to any penalty,
forfeiture, punishment or other liability in respect of an offence committed by any
person.
(2) The
reference to civil or criminal proceedings in this section includes a reference to the
proceedings which originate in the High Court of the Federal Capital Territory, Abuja and
those which are brought before the High Court of the Federal Capital Territory, Abuja to
be dealt with by the Court in the exercise of its appellate or supervisory jurisdiction.
258. The High Court of the Federal Capital Territory, Abuja
shall be duly constituted if it consists of at least one Judge of that court.
259. Subject to the provisions of any Act of the National
Assembly, the Chief Judge of the High Court of the Federal Capital Territory, Abuja may
make rules for regulating the practice and procedure of the High Court of the Federal
Capital Territory, Abuja.
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E - The Sharia Court of
Appeal of the Federal Capital Territory,
Abuja.
260. (1) There shall be a Sharia Court of Appeal of the Federal Capital Territory, Abuja.
(2) The
Sharia Court of Appeal of the Federal Capital Territory, Abuja shall consist of -
(a) a Grand
Kadi of the Sharia Court of Appeal. and
(b) such
number of Kadis of the Sharia Court of Appeal as may be prescribed by an Act of the
National Assembly.
261. (1) The appointment of a person to the office of the Grand Kadi of the Sharia Court
of Appeal of the Federal Capital Territory, Abuja shall be made by the President on the
recommendation of the National Judicial Council, subject to confirmation of such
appointment by the Senate.
(2) The
appointment of a person to the office of a Kadi of the Sharia Court of Appeal shall be
made by the President on the recommendation of the National Judicial Council.
(3) A
person shall not be qualified to hold office as Grand Kadi or Kadi of the Sharia Court of
Appeal of the Federal Capital Territory, Abuja unless -
(a) he is a legal practitioner in Nigeria and has
so qualified for a period of not less than ten years and has obtained a recognised
qualification in Islamic law from an institution acceptable to the National Judicial
Council; or
(b) he has
attended and has obtained a recognised qualification in Islamic law from an institution
approved by the National Judicial Council and has held the qualification for a period of
not less than twelve years; and
(i) he
either has considerable experience in the Practice of Islamic law, or
(ii) he is
a distinguished scholar of Islamic law.
(4) If the
office of the Grand Kadi of the Sharia Court of Appeal is vacant or if the person holding
the office is for any reason unable to perform the functions of the office, then, until a
person has been appointed to and has assumed the functions of that office or until the
person holding the office has resumed those functions, the President shall appoint the
most senior Kadi of the Sharia Court of Appeal to perform those functions.
(5) Except
on the recommendation of the National Judicial Council, an appointment pursuant to the
provisions of subsection (4) of this section shall cease to have effect after the
expiration of three months from the date of such appointment and the President shall not
re-appoint a person whose appointment has lapsed.
262. (1) The Sharia Court of Appeal shall, in addition to such other jurisdiction as may
be conferred upon it by an Act of the National Assembly, exercise such appellate and
supervisory jurisdiction in civil proceedings involving questions of Islamic personal law.
(2) For the
purpose of subsection (1) of this section, the Sharia Court of Appeal shall be competent
to decide -
(a) any
question of Islamic personal law regarding a marriage concluded in accordance with that
law, including a question relating to the validity or dissolution of such a marriage or a
question that depends on such a marriage and relating to family relationship or the
guardianship of an infant;
(b) where
all the parties to the proceeding are Muslims, any question of Islamic personal law
regarding a marriage, including the validity or dissolution of that marriage, or regarding
family relationship, a foundling or the guardianship of an infant;
(c) any
question of Islamic personal law regarding a wakf, gift, will or succession where the
endower, donor, testator or deceased person is a Muslim;
(d) any
question of Islamic personal law regarding an infant, prodigal or person of unsound mind
who is a Muslim or the maintenance or the guardianship of a Muslim who is physically or
mentally infirm; or
(e) where
all the parties to the proceedings, being Muslims, have requested the court that hears the
case in the first instance to determine that case in accordance with Islamic personal law,
any other question.
263. For the purpose of exercising any jurisdiction conferred
upon it by this Constitution or any Act of the National Assembly, the Sharia Court of
Appeal shall be duly constituted if it consists of at least three Kadis of that Court.
264. Subject to the provisions of any Act of the National
Assembly, the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory,
Abuja may make rules for regulating the practice and procedure of the Sharia Court of
Appeal of the Federal Capital Territory, Abuja.
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F - The Customary Court of Appeal of the Federal Capital Territory, Abuja.
265. (1)
There shall be a Customary Court of Appeal of the Federal Capital Territory, Abuja.
(2) The
Customary Court of Appeal of the Federal Capital Territory, Abuja shall consist of -
(a) a
President of the Customary Court of Appeal; and
(b) such
number of Judges of the Customary Court of Appeal as may be prescribed by an Act of the
National Assembly.
266. (1) The appointment of a person to the office of the President of the Customary
Court of Appeal of the Federal Capital Territory, Abuja shall be made by the President on
the recommendation of the National Judicial Council, subject to the confirmation of such
appointment by the Senate.
(2) The
appointment of a person to the office of a Judge of the Customary Court of Appeal shall be
made by the President on the recommendation of the National Judicial Council.
(3) Apart
from such other qualification as may be prescribed by an Act of the National Assembly, a
person shall not be qualified to hold the office of President or a Judge of the Customary
Court of Appeal of the Federal Capital Territory, Abuja, unless -
(a) he is a
legal practitioner in Nigeria and has been so qualified for a period of not less than ten
years and, in the opinion of the National Judicial Council he has considerable knowledge
and experience in the practice of Customary law; or
(b) in the
opinion of the National Judicial Council he has considerable knowledge of and experience
in the practice of Customary law.
(4) If the
office of the President of the Customary Court of Appeal is vacant or if the person
holding the office is for any reason unable to perform the functions of the office, then,
until a person has been appointed to and assumed the functions of that office, or until
the person holding the office has resumed those functions, the President shall appoint the
next most senior Judge of the Customary Court of Appeal to perform those functions.
(5) Except
on the recommendation of the National Judicial Council, an appointment pursuant to the
provisions of subsection (4) of this section shall cease to have effect after the
expiration of three months from the date of such appointment and the President shall no
re-appoint a person whose appointment has lapsed.
267. The Customary Court of Appeal of the Federal Capital
Territory, Abuja shall, in addition to such other jurisdiction as may be conferred upon by
an Act of The National Assembly Exercise such appellate and supervisory jurisdiction in
civil proceedings involving questions of Customary law.
268. For the purpose of exercising any jurisdiction conferred
upon it by this Constitution or any Act of the National Assembly, the Customary Court of
Appeal shall be duly constituted if it consists of at least three Judges of that Court.
269. Subject to the provisions of any Act of the National
Assembly, the President of the Customary Court of Appeal of the Federal Capital Territory,
Abuja, may make rules for regulating the practice and procedure of the Customary Court of
Appeal of the Federal Capital Territory, Abuja.
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Part II
State Courts
A - High Court of a State
270. (1) There shall be a High Court for each State of the Federation.
(2) The
High Court of a State shall consist of -
(a) a Chief
Judge of the State; and
(b) such
number of Judges of the High Court as may be prescribed by a Law of the House of Assembly
of the State.
271. (1) The appointment of a person to the office of Chief Judge of a State shall be
made by the Governor of the State on the recommendation of the National Judicial Council
subject to confirmation of the appointment by the House of Assembly of the State.
(2) The
appointment of a person to the office of a Judge of a High Court of a State shall be made
by the Governor of the State acting on the recommendation of the National Judicial
Council.
(3) A
person shall not be qualified to hold office of a Judge of a High Court of a State unless
he is qualified to practice as a legal practitioner in Nigeria and has been so qualified
for a period of not less than ten years.
(4) If the
office of Chief Judge of a State is vacant or if the person holding the office is for any
person unable to perform the functions of the office, then until a person has been
appointed to and has assumed the functions of that office, or until the person holding the
office has resumed those functions, the Governor of the State shall appoint the most
senior Judge of the High Court to perform those functions.
(5) Except
on the recommendation of the National Judicial Council an appointment pursuant to
subsection (4) of this section shall cease to have effect after expiration of three months
from the date of such appointment and the Governor shall not re-appoint a person whose
appointment has lapsed.
272. (1) Subject to the provisions of section 251 and other provisions of this
Constitution, the High Court of a State shall have jurisdiction to hear and determine any
civil proceedings in which the existence or extent of a legal right, power, duty,
liability, privilege, interest, obligation or claim is in issue or to hear and determine
any criminal proceedings involving or relating to any penalty, forfeiture, punishment or
other liability in respect of an offence committed by any person.
(2) The
reference to civil or criminal proceedings in this section includes a reference to the
proceedings which originate in the High Court of a State and those which are brought
before the High Court to be dealt with by the court in the exercise of its appellate or
supervisory jurisdiction.
273. For the purpose of exercising any jurisdiction conferred
upon it under this Constitution or any law, a High court of a State shall be duly
constituted if it consists of at least one Judge of that Court.
274. Subject to the provisions of any law made by the House of
Assembly of a State, the Chief Judge of a State may make rules for regulating the practice
and procedure of the High Court of the State.
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B - Sharia Court of Appeal of a State
275. (1) There shall be for any State that requires it a Sharia Court of Appeal for that
State.
(2) The
Sharia Court of Appeal of the State shall consist of -
(a) A
Grandi Kadi of the Sharia Court of Appeal; and
(b) such
member of Kadi of the Sharia Court of Appeal as may be prescribed by the House of Assembly
of the State.
276. (1) The appointment of a person to the office of the Grandi Kadi of the Sharia Court
of Appeal of a State shall be made by the Governor of the State on the recommendation of
the National Judicial Council, subject to confirmation of such appointment by the House of
Assembly of the State.
(2) The
appointment of a person to the office of a Kadi of the Sharia Court of Appeal of a State
shall be made by the Governor of the State on the recommendation of the National Judicial
Council.
(3) A
person shall not be qualified to hold office as a Kadi of the Sharia Court of Appeal of a
State unless -
(a) he is a
legal practitioner in Nigeria and has been so qualified for a period of not less than ten
years and has obtained a recognised qualification in Islamic law from an institution
acceptable to the National Judicial Council; or
(b) he has
attended and has obtained a recognised qualification in Islamic law from an institution
approved by the National Judicial council and has held the qualification for a period of
not less than ten years; and
(i) he
either has considerable experience in the practice of Islamic law, or
(ii) he is
a distinguished scholar of Islamic law.
(4) If the
office of the Grandi Kadi of the Sharia Court of Appeal of a State is vacant or if a
person holding the office is for any reason unable to perform the function of the office,
then until a person has been appointed to and has assumed the function s of that office,
or until the person holding the office has resumed those functions, the Governor of the
State shall appoint the most senior Kadi of the Sharia Court of Appeal of the State to
perform those functions.
(5) Except
on the recommendation of the National Judicial Council, an appointment pursuant to
subsection (4) of this section shall cease to have effect after the expiration of three
months from the date of such appointment, and the Governor shall not re-appoint a person
whose appointment has lapsed.
277. (1) The sharia Court of Appeal of a State shall, in addition to such other
jurisdiction as may be conferred upon it by the law of the State, exercise such appellate
and supervisory jurisdiction in civil proceedings involving questions of Islamic personal
Law which the court is competent to decide in accordance with the provisions of subsection
(2) of this section.
(2) For the
purposes of subsection (1) of this section, the sharia Court of Appeal shall be competent
to decide -
(a) any
question of Islamic personal Law regarding a marriage concluded in accordance with that
Law, including a question relating to the validity or dissolution of such a marriage or a
question that depends on such a marriage and relating to family relationship or the
guardianship of an infant;
(b) where
all the parties to the proceedings are muslims, any question of Islamic personal Law
regarding a marriage, including the validity or dissolution of that marriage, or regarding
family relationship, a founding or the guarding of an infant;
(c) any
question of Islamic personal Law regarding a wakf, gift, will or succession where
the endower, donor, testator or deceased person is a muslim;
(d) any
question of Islamic personal Law regarding an infant, prodigal or person of unsound mind
who is a muslim or the maintenance or the guardianship of a muslim who is physically or
mentally infirm; or
(e) where
all the parties to the proceedings, being muslims, have requested the court that hears the
case in the first instance to determine that case in accordance with Islamic personal law,
any other question.
278. For the purpose of exercising any jurisdiction conferred
upon it this Constitution or any law, a sharia Court of Appeal of a State shall be duly
constituted if it consists of at least three kadis of that Court.
279. Subject to provisions of any made by the House of Assembly
of the State, the Grand Kadi of the Sharia Court of Appeal of the state may make rules
regulating the practice and procedure of the Sharia Court of Appeal.
C - Customary Court of
Appeal of a State
280. (1) There shall be for any State that requires it a Customary Court of Appeal for
that State.
(2) The
Customary Court of Appeal of a State shall consist of -
(a) a
President of the Customary Court of Appeal of the State; and
(b) such
number of Judges of the Customary Court of Appeal as may be prescribed by the House of
Assembly of the State.
281. (1) The appointment of a person to the office of President of a Customary Court of
Appeal shall be made by the governor of the State on the recommendation of the national
Judicial Council, subject to confirmation of such appointment by the House of Assembly of
the State.
(2) The
appointment of a person to the office of a Judge of a Customary Court of Appeal shall be
made by the Governor of the State on the recommendation of the National Judicial Council.
(3) Apart
from such other qualification as may be prescribed by a law of the House of Assembly of
the State, a person shall not be qualified to hold office of a president or of a Judge of
a Customary Court of Appeal of a State unless -
(a) he is a
legal practitioner in Nigeria and he has been so qualified for a period of not less than
ten years and In the opinion of the National Judicial Council he has considerable
knowledge and experience in the practice of Customary law; or
(b) in the
opinion of the National Judicial Council he has considerable knowledge of and experience
in the practice of Customary law.
(4) If the
office of President of the Customary Court of Appeal of a State is vacant or if the person
holding the office is for any reason unable to perform the functions of the office, then
until a person has been appointed to and has assumed the functions of that office, or
until the person holding the office has resumed the functions of that office, or until the
person holding the office has resumed those functions, the Governor of the State shall
appoint the most senior Judge of the Customary Court of Appeal of the State to perform
those functions.
(5) Except
on the recommendation of the National Judicial Council, an appointment pursuant to
subsection (4) of this section shall cease to have effect after the expiration of three
months from the date of such appointment, and the Governor shall not re-appoint a person
whose appointment has lapsed.
282. (1) A Customary Court of Appeal of a State shall exercise appellate and supervisory
jurisdiction in civil proceedings involve questions of Customary law.
(2) For the
purpose of this section, a Customary Court of Appeal of a State shall exercise such
jurisdiction and decide such questions as may be prescribed by the House of Assembly of
the State for which it is established.
283. For the purpose of exercising any jurisdiction conferred
upon it by this Constitution or any law, a Customary Court of Appeal of the State may make
rules for regulating the practice and procedure of the Customary Court of Appeal of the
State.
284. Subject to the provisions of any law by the House of
Assembly of the State, the President of the Customary Court of Appeal of the State may
make rules for regulating the practice and procedure of the customary Court of Appeal of
the State.
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Part III
Election Tribunals
285. (1) There shall be established for the Federation one or more election tribunals to
be known as the National Assembly Election Tribunals which shall, to the exclusion of any
or tribunal, have original jurisdiction to hear and determine petitions as to whether -
(a) any
person has been validly elected as a member of the National Assembly;
(b) the
term of office of any person under this Constitution has ceased;
(c) the
seat of a member of the Senate or a member of the House of Representatives has vacant; and
(d) a
question or petition brought before the election tribunal has been properly or improperly
brought.
(2) There
shall be established in each State of the Federation one or more election tribunals to be
known as the Governorship and Legislative Houses Election Tribunals which shall, to the
exclusion of any court or tribunal, have original jurisdiction to hear and determine
petitions as to whether any person has been validly elected to the office of Governor or
Deputy Governor or as a member of any legislative house.
(3) The
composition of the National Assembly election Tribunals, Governorship and Legislative
Houses Election Tribunals shall be as set out I the Sixth Schedule to this Constitution.
(4) The
quorum of an election tribunal established under this section shall be the Chairman and
two other members.
Back to Page One
Part IV
Supplemental
286. (1)
Subject to the provisions of this Constitution-
(a) where
by the Law of a State jurisdiction is conferred upon any court for the hearing and
determination of civil causes and of appeals arising out of such causes, the court shall
have like jurisdiction with respect to the hearing and determination of Federal causes and
of appeals arising out of such causes:
(b) where
by the Law of a State jurisdiction is conferred upon any court for the investigation,
inquiry into, or trial of persons accused of offences against the Laws of the State and
with respect to the hearing and determination of appeals arising out of any such trial or
out of any proceedings connected therewith, the court shall have like jurisdiction with
respect to the investigation, inquiry into, or trial of persons for Federal offences and
the hearing and determination of appeals arising out of the trial or proceedings; and
(c) the
jurisdiction conferred on a court of a state pursuant to the provisions of this section
shall be exercised in conformity with the practice and procedure for the time being
prescribed in relation to its jurisdiction over civil or criminal causes other than
Federal causes.
(2) Nothing
in the provisions of this section shall be construed, except in so far as other provisions
have been made by the operation of sections 299 and 301 of this Constitution, as
conferring jurisdiction as respects Federal causes or Federal offences upon a court
presided over by a person who is not or has not been qualified to practice as a legal
practitioner in Nigeria.
(3) In this
section, unless the context otherwise requires -
" causes" includes matter;
"Federal cause" means civil or criminal cause relating to
provisions of the National Assembly has power to make laws; and
"Federal offence" means an offence contrary to the provisions
of Act of the National Assembly or any law having effect as if so enacted.
287. (1) The decisions of the Supreme court shall be enforced in any part of the
Federation by all authorities and persons, and by courts with subordinate jurisdiction to
that of the supreme Court.
(2) The
decisions of the Court of Appeal shall be enforced in any part of the Federation by all
authorities and persons, and by courts with subordinate jurisdiction to that of the court
of Appeal.
(3) The
decisions of the Federal High Court, a High Court and of all other courts established by
this Constitution shall be enforced in any part of the Federation by all authorities and
persons, and by other courts of law with subordinate jurisdiction to that of the Federal
High Court, a High Court and those other courts, respectively.
288. (1) In exercising his powers under the foregoing provisions of this Chapter in
respect of appointments to the offices of Justices of the Supreme court and Justices of
the Court of Appeal, the President shall have regard to the need to ensure that there are
among the holders of such offices persons learned in Islamic personal law and persons
learned in Customary law.
(2) For the
purposes of subsection (1) of this section -
(a) a
person shall be deemed to be learned in Islamic personal law if he is a legal practitioner
in Nigeria and has been so qualified for a period of not less than fifteen years in the
case of a Justice of the Supreme Court or not less than twelve years in the case of a
Justice of the Court of Appeal and has in either case obtained a recognized qualification
in Islamic law from an institution acceptable to the national Judicial Council; and
(b) a
person shall be deemed to be learned in Customary law if he is a legal practitioner in
Nigeria and has been so qualified for a period of not less than fifteen years in the case
of a Justice of the Supreme Court or not less than twelve years in the case of a Justice
of the Court of Appeal and has in either case and in the opinion of the National Judicial
Council considerable knowledge of and experience in the practice of Customary law.
289. No legal practitioner shall be qualified for appointment as
a Justice of the Supreme Court, the Court of Appeal or a Judge of a Federal High Court or
a Judge of a High Court or a kadi of a Sharia Court of Appeal or a Judge of the Customary
Court of Appeal whilst he is a member of the National Judicial Council or Committee of the
Federal Capital Territory, Abuja or a State Judicial Service Commission, and he shall
remain so disqualified until a period of three years has elapsed since he ceased to be
member.
290. (1) A person appointed to any judicial office shall not begin to perform the
functions of that office until he has declared his assets and liabilities as prescribed
under this Constitution and has subsequently taken and subscribed the Oath of Allegiance
and the Judicial Oath prescribed in the seventh Schedule to this Constitution.
(2) The
oaths aforesaid shall be administered by the person for the time being authorized by law
to administer such oaths.
291. (1) A judicial officer appointed to the Supreme Court or the Court of Appeal may
retire when he attains the age of sixty-five years and he shall cease to hold office when
he attains the age of seventy years.
(2) A
judicial officer appointed to any other court, other than those specified in subsection
(1) of this section may retire when he attains the age of sixty years and he shall cease
to hold office when he attains the age of sixty-five years.
(3) Any
person who has held office as a judicial officer -
(a) for a
period of not less than fifteen years shall, if he retires at or after the age of
sixty-five years in the case of the Chief Justice of Nigeria, a Justice of the Supreme
Court, the President of the court of Appeal or a Justice of the Court of Appeal or at or
after the age of sixty years in any other case, be entitled to pension for life at a rate
equivalent to his last annual salary and all his allowances in addition to any other
retirement benefits to which he may be entitled;
(b) for a
period of less than fifteen years shall, if he retires at or after the age of sixty-five
years or sixty years, as the case may be, be entitled to pension for life at a rate as in
paragraph (a) of this subsection pro rata the number of years he served as a judicial
officer in relation to the period of fifteen years, and all his allowances in addition to
other retirement benefits to which he may be entitled under his terms and conditions of
service; and
(c) in any
case, shall be entitled to such pension and other retirement benefits as may be regulated
by an Act o the National Assembly or by a Law of a House of Assembly of a State.
(4) Nothing
in this section or elsewhere in this Constitution shall preclude the application of the
provisions of any other law that provides for pensions, gratuities and other retirement
benefits for persons in the public service of the Federation or a State.
292. (1) A judicial officer shall not be removed from his office or appointment before
his age of retirement except in the following circumstances -
(a) in the
case of -
(i) Chief
Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High
Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi
of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President,
Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting
on an address supported by two-thirds majority of the Senate.
(ii) Chief
Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court
of Appeal of a State, by the Governor acting on an address supported by two-thirds
majority of the House of Assembly of the State,
Praying that he be so removed for his inability to discharge the
functions of his office or appointment (whether arising from infirmity of mind or of body)
or for misconduct or contravention of the Code of Conduct;
(b) in any
case, other than those to which paragraph (a) of this subsection applies, by the President
or, as the case may be, the Governor acting on the recommendation of the National Judicial
Council that the judicial officer be so removed for his inability to discharge the
functions of his office or appointment (whether arising from infirmity of mind or of body)
or for misconduct or contravention of the Code of Conduct.
(2) Any
person who has held office as a judicial officer shall not on ceasing to be a judicial
officer for any reason whatsoever thereafter appear or act as a legal practitioner before
any court of law or tribunal in Nigeria.
293. Except for the purposes of exercising any jurisdiction
conferred by this Constitution or by any other law, every court established under this
Constitution shall be deemed to be duly constituted notwithstanding any vacancy in the
membership of the court.
294. (1) Every court established under this Constitution shall deliver its decision in
writing not later than ninety days after the conclusion of evidence and final addresses
and furnish all parties to the cause or matter determined with duly authenticated copies
of the decision within seven days of the delivery thereof.
(2) Each
Justice of the Supreme Court or of the Court of Appeal shall express and deliver his
opinion in writing, or may state in writing that he adopts the opinion of any other
Justice who delivers a written opinion:
Provided that it shall not be necessary for the Justices who heard a
cause or matter to be present when judgment is to be delivered and the opinion of a
Justice may be pronounced or read by any other Justice whether or not he was present at
the hearing.
(3) A
decision of a court consisting of more than one Judge shall be determined by the opinion
of the majority of its members.
(4) For the
purpose of delivering its decision under this section, the Supreme court, or the court of
Appeal shall be deemed to be duly constituted if at least one member of that court sits
for that purpose.
(5) The
decision of a court shall not be set aside or treated as a nullity solely on the ground of
non-compliance with the provisions of subsection (1) of this section unless the court
exercising jurisdiction by way of appeal or review of that decision is satisfied that the
party complaining has suffered a miscarriage of justice by reason thereof.
(6) As soon
as possible after hearing and deciding any case in which it has been determined or
observed that there was non-compliance with the provisions of subsection (1) of this
section, the person presiding at the sitting of the court shall send a report on the case
to the Chairman of the National Judicial Council who shall keep the Council informed of
such action as the Council may deem fit.
295. (1) Where any question as to the interpretation or application of this Constitution
arises in any proceedings in any court of law in any part of Nigeria (other than in the
Supreme Court, the Court of Appeal, the Federal High Court or a High Court) and the court
is of the opinion that the question involves a substantial question of law, the court may,
and shall if any of the parties to the proceedings so requests, refer the question to the
Federal High Court or a High Court having jurisdiction in that part of Nigeria and the
Federal High Court or the High Court shall
(a)
if it is of opinion that the question involves a substantial question of law, refer the
question to the Court of Appeal;
o r
(b) if it
is of opinion that the question does not involve a substantial question of law, remit the
question to the court that made the reference to be disposed of in accordance with such
directions as the Federal High Court or the High Court may think fit to give.
(2) Where
any question as to the interpretation or application of this constitution arises in any
proceedings in the Federal High Court or a High Court, and the court is of opinion that
the question involves a substantial question of law, the court may, and shall if any party
to the proceedings so requests, refer the question to the Court of Appeal; and where any
question is referred in pursuance of this subsection, the court shall give its decision
upon the question and the court in which the question arose shall dispose of the case in
accordance with that decision.
(3) Where
any question as to the interpretation or application of this constitution arises in any
proceedings in the Court of Appeal and the court is of opinion that the question involves
a substantial question of law, the court may, and shall if any party to the proceedings so
requests, refer the question to the Supreme Court which shall give its decision upon the
question and give such directions to the Court of Appeal as it deems appropriate.
296. In this Chapter, unless the context otherwise requires,
"office" when used with reference to the validity of an election to an office
includes the office of President of the Federation, Vice-President of the Federation and
Governor or Deputy Governor of a State but does not include the office of President of the
Senate, Speaker of the House of Representatives, Speaker of a House of Assembly or any
office established by this Constitution.
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Chapter VIII
Federal Capital Territory, Abuja and General Supplementary
Provisions
Part I
Federal Capital Territory, Abuja
297. (1) There shall be a Federal Capital Territory, Abuja the boundaries of which are as
defined in Part II of the First Schedule to this Constitution.
(2) The
ownership of all lands comprised in the Federal Capital Territory, Abuja shall vest in the
Government of the Federal Republic of Nigeria.
298. The Federal Capital Territory, Abuja shall be the Capital
of the Federation and seat of the Government of the Federation.
299. The provisions of this Constitution shall apply to the
Federal Capital Territory, Abuja as if it were one of the States of the Federation; and
accordingly -
(a) all the
legislative powers, the executive powers and the judicial powers vested in the House of
Assembly, the Governor of a State and in the courts of a State shall, respectively, vest
in the National Assembly, the President of the Federation and in the courts which by
virtue of the foregoing provisions are courts established for the Federal Capital
Territory, Abuja;
(b) all the
powers referred to in paragraph (a) of this section shall be exercised in accordance with
the provisions of this Constitution; and
(c) the
provisions of this Constitution pertaining to the matters aforesaid shall be read with
such modifications and adaptations as may be reasonably necessary to bring them into
conformity with the provisions of this section.
300. For the purposes of Chapter V of this Constitution, the
Federal Capital Territory, Abuja shall constitute one Senatorial district and as many
Federal constituencies as it is entitled to under section 49 of this Constitution.
301. Without prejudice to the generality of the provisions of
section 299 of this Constitution, in its application to the Federal Capital Territory,
Abuja, this Constitution shall be construed as if-
(a)
references to the Governor, Deputy Governor and the executive council of a State
(howsoever called) were references to the President, Vice-President and the executive
council of the Federation (howsoever called) respectively;
(b)
references to the Chief Judge and Judges of the High Court of a State were references to
the Chief Judge and Judges of the High Court, which is established for the Federal Capital
Territory, Abuja by the provisions of this Constitution; and
(c)
references to persons, offices and authorities of a State were references to the persons,
offices and authorities of the Federation with like status, designations and powers,
respectively; and in particular, as if references to the Attorney-General, Commissioners
and the Auditor-General for a State were references to the Attorney-General, Ministers and
the Auditor-General of the Federation with like status, designations and powers.
302. The President may, in exercise of the powers conferred upon
him by section 147 of this Constitution, appoint for the Federal Capital Territory, Abuja
a Minister who shall exercise such powers and perform such functions as may be delegated
to him by the President, from time to time.
303. The Federal Capital Territory, Abuja shall comprise six
area councils and the administrative and political structure thereof shall be as provided
by an Act of the National Assembly.
304. (1) There shall be for the Federal Capital Territory, Abuja, a Judicial Service
Committee of the Federal Capital Territory, Abuja, the composition and functions of which
shall be as provided in Part III of the Third Schedule to this Constitution.
(2) The
provisions of sections 154(1) and (3), 155, 156, 157(1) and (2), 158(1) and 159 to 161 of
this Constitution shall apply with necessary modifications to the Judicial Service
Committee of the Federal Capital Territory, Abuja.
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Part II
Miscellaneous Provisions
305.
(1)
Subject to the provisions of this Constitution, the President may by instrument published
in the Official -Gazette} of the Government of the Federation issue a Proclamation of a
state of emergency in the Federation or any part thereof.
(2) The
President shall immediately after the publication, transmit copies of the Official
-Gazette of the Government of the Federation containing the proclamation including the
details of the emergency to the President of the Senate and the Speaker of the House of
Representatives, each of whom shall forthwith convene or arrange for a meeting of the
House of which he is President or Speaker, as the case may be, to consider the situation
and decide whether or not to pass a resolution approving the Proclamation.
(3) The
President shall have power to issue a Proclamation of a state of emergency only when -
(a) the
Federation is at war;
(b) the
Federation is in imminent danger of invasion or involvement in a state of war;
(c) there
is actual breakdown of public order and public safety in the Federation or any part
thereof to such extent as to require extraordinary measures to restore peace and security;
(d) there
is a clear and present danger of an actual breakdown of public order and public safety in
the Federation or any part thereof requiring extraordinary measures to avert such danger;
(e) there
is an occurrence or imminent danger, or the occurrence of any disaster or natural
calamity, affecting the community or a section of the community in the Federation;
(f) there
is any other public danger which clearly constitutes a threat to the existence of the
Federation; or
(g) the
President receives a request to do so in accordance with the provisions of subsection (4)
of this section.
(4) The
Governor of a State may, with the sanction of a resolution supported by two-thirds
majority of the House of Assembly, request the President to issue a Proclamation of a
state of emergency in the State when there is in existence within the State any of the
situations specified in subsection (3) (c), (d) and (e) of this section and such situation
does not extend beyond the boundaries of the State.
(5) The
President shall not issue a Proclamation of a state of emergency in any case to which the
provisions of subsection (4) of this section apply unless the Governor of the State fails
within a reasonable time to make a request to the President to issue such Proclamation.
(6) A
Proclamation issued by the President under this section shall cease to have effect -
(a) if it
is revoked by the President by instrument published in the Official Gazette of the
Government of the Federation;
(b) if it
affects the Federation or any part thereof and within two days when the National Assembly
is in session, or within ten days when the National Assembly is not in session, after its
publication, there is no resolution supported by two-thirds majority of all the members of
each House of the National Assembly approving the Proclamation;
(c) after a
period of six months has elapsed since it has been in force:
Provided that the National Assembly may, before the expiration of the
period of six months aforesaid, extend the period for the Proclamation of the state of
emergency to remain in force from time to time for a further period of six months by
resolution passed in like manner; or
(d) at any
time after the approval referred to in paragraph (b) or the extension referred to in
paragraph (c) of this subsection, when each House of the National Assembly revokes the
Proclamation by a simple majority of all the members of each House.
306. (1) Save as otherwise provided in this section, any person who is appointed, elected
or otherwise selected to any office established by this Constitution may resign from that
office by writing under his hand addressed to the authority or person by whom he was
appointed, elected or selected.
(2) The
resignation of any person from any office established by this Constitution shall take
effect when the writing signifying the resignation is received by the authority or person
to whom it is addressed or by any person authorised by that authority or person to receive
it.
(3) The
notice of resignation of the President and of the Vice-President shall respectively be
addressed to the president of the Senate and to the President.
(4) On the
resignation of the President, the President of the Senate shall forthwith give notice of
the resignation to the Speaker of the House of Representatives.
(5) The
notice of resignation of the Governor and of the Deputy Governor of a State shall
respectively be addressed to the Speaker of the House of Assembly and the Governor of the
State.
(6) The
notice of resignation of the President of the Senate and of the Speaker of the House of
Representatives shall in each case be addressed to the Clerk of the National Assembly, and
the notice of resignation of the Speaker of a House of Assembly shall be addressed to the
Clerk of the House of Assembly of the State.
(7) The
notice of resignation of a member of a legislative house shall be addressed to the
President of the Senate or, as the case may require, to the Speaker of the legislative
house in question.
307. Notwithstanding any provisions contained in Chapter IV and
subject to sections 131 and 177 of this Constitution, no citizen of Nigeria by
registration or under a grant of certificate of naturalisation shall within ten years of
such registration or grant, hold any elective or appointive office under this
Constitution.
308. (1) Notwithstanding anything to the contrary in this Constitution, but subject to
subsection (2) of this section -
(a) no
civil or criminal proceedings shall be instituted or continued against a person to whom
this section applies during his period of office;
(b) a
person to whom this section applies shall not be arrested or imprisoned during that period
either in pursuance of the process of any court or otherwise; and
(c) no
process of any court requiring or compelling the appearance of a person to whom this
section applies, shall be applied for or issued:
Provided that in ascertaining whether any period of limitation has
expired for the purposes of any proceedings against a person to whom this section applies,
no account shall be taken of his period of office.
(2) The
provisions of subsection (1) of this section shall not apply to civil proceedings against
a person to whom this section applies in his official capacity or to civil or criminal
proceedings in which such a person is only a nominal party.
(3) This
section applies to a person holding the office of President or Vice-President, Governor or
Deputy Governor; and the reference in this section to "period of office" is a
reference to the period during which the person holding such office is required to perform
the functions of the office.
Back to Page One
Part III
Transitional Provisions
and Savings
309. Notwithstanding the provisions of Chapter III of this
Constitution but subject to section 28 thereof, any person who became a citizen of Nigeria
by birth, registration or naturalisation under the provisions of any other Constitution
shall continue to be a citizen of Nigeria under this Constitution.
310. (1) Until the National Assembly or a House of Assembly has exercised its powers to
initiate legislation in accordance with the provisions of section 51 or 93 of this
Constitution, the Clerk or other staff of a legislative house shall be appointed, as
respects each House of the National Assembly by the Federal Civil Service Commission, and
as respects a House of Assembly by the State Civil Service Commission.
(2) In
exercising its powers under the provisions of this section, the Federal Civil Service
Commission shall consult, as appropriate, the President of the Senate or the Speaker of
the House of the Representatives, and a State Civil Service Commission shall consult the
Speaker of the House of Assembly of the State.
311. (1) The provisions of this section shall have effect until the National Assembly or
a House of Assembly exercises the powers conferred upon it by section 60 or 101 of this
Constitution as appropriate.
(2) The
Standing Orders of the Senate established under the former Constitution shall apply in
relation to the proceedings in the Senate established under this Constitution.
(3) The Standing Orders of the House of Representatives established
under the former Constitution shall apply in relation to the proceedings in the House of
Representatives established under this Constitution.
(4) The
Standing Orders of a House of Assembly established under the former Constitution shall
apply in relation to a House of Assembly of a State established under this Constitution.
(5) The
Standing Orders of the former legislative houses referred to in subsections (2), (3) and
(4) of this section, shall apply in relation to a legislative house with such
modifications as may be necessary to bring them into conformity with the provisions of
this Constitution.
(6) In this
section, the "former Constitution" refers to the Constitution of the Federal
Republic of Nigeria 1979.
312. (1) The electoral commission established for the Federation under any law in force
immediately before the date when this section comes into force shall be responsible for
performing the functions conferred on the Independent National Electoral Commission
established by the provisions of this Constitution.
(2) Any
person who before the coming into force of this Constitution was elected to any elective
office mentioned in this Constitution in accordance with the provisions of any law in
force immediately before the coming into force of this Constitution shall be deemed to
have been duly elected to that office under this Constitution.
313. Pending any Act of the National Assembly for the provision
of a system of revenue allocation between the Federation and the States, among the States,
between the States and local government councils and among the local government councils
in the States, the system of revenue allocation in existence for the financial year
beginning from 1st January 1998 and ending on 31st December 1998 shall, subject to the
provisions of this Constitution and as from the date when this section comes into force,
continue to apply:
Provided that where functions have been transferred under this
Constitution from the Government of the Federation to the States and from the States to
local government councils the appropriations in respect of such functions shall also be
transferred to the States and the local government councils, as the case may require.
314. Any debt of the Federation or of a State which immediately
before the date when this section comes into force was charged on the revenue and assets
of the Federation or on the revenue and assets of a State shall, as from the date when
this section comes into force, continue to be so charged.
315. (1) Subject to the provisions of this Constitution, an existing law shall have
effect with such modifications as may be necessary to bring it into conformity with the
provisions of this Constitution and shall be deemed to be -
(a) an Act
of the National Assembly to the extent that it is a law with respect to any matter on
which the National Assembly is empowered by this Constitution to make laws; and
(b) a Law
made by a House of Assembly to the extent that it is a law with respect to any matter on
which a House of Assembly is empowered by this Constitution to make laws.
(2) The
appropriate authority may at any time by order make such modifications in the text of any
existing law as the appropriate authority considers necessary or expedient to bring that
law into conformity with the provisions of this Constitution.
(3) Nothing
in this Constitution shall be construed as affecting the power of a court of law or any
tribunal established by law to declare invalid any provision of an existing law on the
ground of inconsistency with the provision of any other law, that is to say-
(a) any
other existing law;
(b) a Law
of a House of Assembly;
(c) an Act
of the National Assembly; or
(d) any
provision of this Constitution.
(4) In this
section, the following expressions have the meanings assigned to them, respectively -
(a)
"appropriate authority" means -
(i) the
President, in relation to the provisions of any law of the Federation,
(ii) the
Governor of a State, in relation to the provisions of any existing law deemed to be a Law
made by the House of Assembly of that State, or
(iii) any
person appointed by any law to revise or rewrite the laws of the Federation or of a State;
(b)
"existing law" means any law and includes any rule of law or any enactment or
instrument whatsoever which is in force immediately before the date when this section
comes into force or which having been passed or made before that date comes into force
after that date; and
(c)
"modification" includes addition, alteration, omission or repeal.
(5) Nothing
in this Constitution shall invalidate the following enactments, that is to say -
(a) the
National Youth Service Corps Decree 1993;
(b) the
Public Complaints Commission Act;
(c) the
National Security Agencies Act;
(d) the
Land Use Act,
and the provisions of those enactments shall continue to apply and have
full effect in accordance with their tenor and to the like extent as any other provisions
forming part of this Constitution and shall not be altered or repealed except in
accordance with the provisions of section 9 (2) of this Constitution.
(6) Without
prejudice to subsection (5) of this section, the enactments mentioned in the said
subsection shall hereafter continue to have effect as Federal enactments and as if they
related to matters included in the Exclusive Legislative List set out in Part I of the
Second Schedule to this Constitution.
316. (1) Any office, court of law or authority which immediately before the date when
this section comes into force was established and charged with any function by virtue of
any other Constitution or law shall be deemed to have been duly established and shall
continue to be charged with such function until other provisions are made, as if the
office, court of law or authority was established and charged with the function by virtue
of this Constitution or in accordance with the provisions of a law made thereunder.
(2) Any
person who immediately before the date when this section comes into force holds office by
virtue of any other Constitution or law in force immediately before the date when this
section comes into force shall be deemed to be duly appointed to that office by virtue of
this Constitution or by any authority by whom appointments to that office fall to be made
in pursuance of this Constitution.
(3)
Notwithstanding the provisions of subsection (2) of this section, any person holding such
office, a member of a court of law or authority, who would have been required to vacate
such office, or where his membership of such court of law or authority would have ceased
but for the provisions of the said subsection (2) of this section, shall at the expiration
of the period prescribed therefor after the date when this section comes into force vacate
such office or, as the case may be, his membership of such court of law or authority shall
cease, accordingly.
(4) The
foregoing provisions of this section are without prejudice to the exercise of such powers
as may be conferred by virtue of this Constitution or a law upon any authority or person
to make provisions with respect to such matters as may be prescribed or authorised by this
Constitution or such law, including the establishment and abolition of offices, courts of
law or authorities, and with respect to the appointment of persons to hold offices or to
be members of courts of law or authorities and their removal from such offices, courts of
law or authorities.
317. (1) Without prejudice to the generality of section 315 of this constitution, any
property, right, privilege, liability or obligation which immediately before the date when
this section comes into force was vested in, exercisable or enforceable by or against-
(a) the
former authority of the Federation as representative or trustee for the benefit of the
Federation;
(b) any
former authority of a state as representative or trustee for the benefit of the state,
shall on the date when this section comes into force and without further assurance than
the provisions thereof vest in, or become exercisable of enforceable by or against the
President and Government of the Federation, and the Governor and Government of the state,
as the case may be
(2) For the
purposes of this section -
(a) the
President and Government of the Federation, and the Governor and Government of a state,
shall be deemed, respectively, to be successors to the said former authority of the
Federation and former authority of the state in question; and
(b)
references in this section to "former authority of the Federation" and
"former authority of a state" include references to the former Government of the
Federation and the former government of a state, a local government authority or any
person who exercised any authority on its behalf.
Back to Page One
Part IV
Interpretation,
Citation and commencement
318. (1) In this constitution, unless it is otherwise expressly provided or the context
otherwise requires-
"Act" or "Act of the National Assembly" means any
law made by the National Assembly and includes any law which takes effect under the
provisions of this constitution as an Act of the National Assembly;
"appointment" or its cognate expression includes appointment
on promotion and transfer or confirmation of appointment;
"area council" means each of the administrative areas within
the Federal Capital Territory, Abuja;
"authority" includes government;
"belong to" or its grammatical expression when used with
reference to a person in a state refers to a person either or whose parents or any of
whose grand parents was a member of a community indigenous to that state;
"civil service of the Federation" means service of the
Federation in a civil capacity as staff of the office of the President, the
Vice-President, a ministry or department of the government of the Federation assigned with
the responsibility for any business of the Government of the Federation;
"civil service of the state" means service of the government
of a state in a civil capacity as staff of the office of the governor, deputy governor or
a ministry or department of the government of the state assigned with the responsibility
for any business of the government of the state;
"Cod of Conduct" refers to the Code of Conduct contained in
the fifth schedule to this constitution;
"Commissioner" means a Commissioner of the Government of a
State;
"Concurrent Legislative List" means the list of matters set
out in the first column in Part 11 of the second schedule to this constitution with
respect to which the National Assembly and a House of Assembly may make laws to the extent
prescribed, respectively, opposite thereto in the second column thereof;
"decision" means, in relation to a court, any determination
of that court and includes judgement decree, order, conviction, sentence or
recommendation;
"enactment" means provision of any law or a subsidiary
instrument;
"Exclusive Legislative List" means the list in Part 1 of the
second schedule to this constitution;
"existing law" has the meaning assigned to it in section 315
of this constitution;
"federal character of Nigeria" refers to the distinctive
desire of the peoples of Nigeria to promote national unity, foster national loyalty and
give every citizen of Nigeria a sense of belonging to the nation as expressed in section
14 (3) and (4) of this constitution;
"Federation" means the Federal Republic of Nigeria;
"financial year" means any period of twelve months beginning
on the first day of January in any year or such other date as the National Assembly may
prescribe;
"function" includes power and duty;
"government" includes the Government of the Federation, or of
any state, or of a local government council or any person who exercises power of authority
on its behalf;
"Governor" or "Deputy Governor" means the governor
of a state or a deputy governor of a state;
"House of Assembly" means the House of Assembly of a state;
"Financial year" means any period of twelve months beginning
on the first day of January in any year or such other date as the National Assembly may
prescribe;
"function" includes power and duty;
"government" includes the Government of the Federation, or
any State, or of a local government council or any person who exercises power or authority
on its behalf;
"Governor" or Deputy Governor" means the Governor of a
State or a Deputy Governor of a State;
"House of Assembly" means the House of Assembly of a State;
"Judicial office" means the office of Chief Justice of
Nigeria or a Justice of the Supreme Court, the President or Justice of the Court of
Appeal, the office of the Chief Judge or a Judge of the Federal High Court, the office of
the Chief Judge or Judge of the High Court of the Federal Capital Territory, Abuja, the
office of the Chief Judge of a State and Judge of the High Court of a State, a Grand Kadi
or Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, a President
or Judge of the Customary Court of Appeal; of the Federal Capital Territory, Abuja, a
Grand Kadi or Kadi of the Sharia Court of Appeal of a State; and a reference to a
"judicial officer" is a reference to the holder of any such office;
"law" means a law enacted by the House of Assembly of a
State;
"Legislative house" means the Senate, House of
Representatives or a House of Assembly.
"Local government area" or "local government
council" includes an area council;
"public service of a State means the service of the State in
any capacity in respect of the Government of the State and includes service as:
(a) Clerk
or other staff of the House of Assembly;
(b) member
of staff of the High Court, the Sharia court of Appeal, the Customary Court of Appeal; or
other courts established for a State by this Constitution or by a Law of a House of
Assembly;
(c) member
or staff of any commission or authority established for the State by this Constitution or
by a Law of a House of Assembly;
(d) staff
of any local government council;
(e) staff
of any statutory corporation established by a Law of a House of Assembly;
(f) staff
of any educational institution established or financed principally by a government of a
State; and
(g) staff
of any company or enterprise in which the government of a State or its agency holds
controlling shares or interest;
"School Certificate or its equivalent" means
(a) a
Secondary School Certificate or its equivalent, or Grade II Teachers Certificate,
the City and Guilds Certificate; or
(b)
education up to Secondary School Certificate level; or
(c) Primary
Six School Leaving Certificate or its equivalent and -
(i) service
in the public or private sector in the Federation in any capacity acceptable to the
Independent National Electoral Commission for a minimum of ten years, and
(ii)
attendance at courses and training in such institutions as may be acceptable to the
Independent National Electoral Commission for periods totalling up to a minimum of one
year, and
(iii) the
ability to read, write, understand and communicate in the English language to the
satisfaction of the Independent National Electoral Commission, and
(d) any
other qualification acceptable by the Independent National Electoral Commission;
"Secret society" includes any society, association, group or
body of persons (whether registered or not)
(a) that
uses secret signs, oaths, rites or symbols and which is formed to promote a cause, the
purpose or part of the purpose of which is to foster the interest of its members and to
aid one another under any circumstances without due regard to merit, fair play or justice
to the detriment of the legitimate interest of those who are not members;
(b) the
membership of which is incompatible with the function or dignity of any public office
under this Constitution and whose members are sworn to observe oaths of secrecy; or
(c) the
activities of which are not known to the public at large, the names of whose members are
kept secret and whose meetings and other activities are held in secret;
"State" when used otherwise than in relation to one of the
component parts of the Federation, includes government.
(2)
Wherever it is provided that any authority or person has power to make, recommend or
approve an appointment to an office, such power shall be construed as including the power
to make, recommend or approve a person for such appointment, whether on promotion or
otherwise, or to act in any such office.
(3) In this
Constitution, references to a person holding an office shall include reference to a person
acting in such office.
(4) The
Interpretation Act shall apply for the purpose of interpreting the provision of this
Constitution.
319. This Constitution may be cited as the Constitution of the
Federal Republic of Nigeria 1999.
320. The provision of this Constitution shall come into force on
29th day of May 1999.
Back to Page One
Schedules
First Schedule
Part 1
States of the Federation
|
State
|
Local Government Areas |
Capital City |
Abia |
Aba North, Aba South,
Arochukwu, Bende, Ikwuano, Isiala-Ngwa North, Isiala-Ngwa South, Isuikwato, Obi Nwa,
Ohafia, Osisioma Ngwa, Ugwunagbo, Ukwa East, Ukwa West, Umuahia North, Umuahia South,
Umu-Neochi |
Umuahia |
Adamawa |
Demsa, Fufore, Ganaye,
Gireri, Gombi, Guyuk, Hong, Jada, Lamurde, Madagali, Maiha, Mayo-Belwa, Michika, Mubi
North, Mubi South, Numan, Shelleng, Song, Toungo, Yola North, Yola South. |
Yola |
Akwa Ibom |
Abak, Eastern Obolo, Eket,
Esit Eket, Essien Udim, Etim Ekpo, Etinan, Ibeno, Ibesikpo Asutan, Ibiono Ibom, Ika,
Ikono, Ikot Abasi, Ikot Ekpene, Ini, Itu, Mbo, Mkpat Enin, Nsit Atai, Nsit Ibom, Nsit
Ubium, Obot Akara, Okobo, Onna, Oron, Oruk Anam, Udung Uko, Ukanafun, Uruan,
Urue-Offong/Oruko, Uyo. |
Uyo |
Anambra |
Aguata, Anambra East,
Anambra West, Anaocha, Awka North, Awka South, Ayamelum, Dunukofia, Ekwusigo, Idemili
North, Idemili south, Ihiala, Njikoka, Nnewi North, Nnewi South, Ogbaru, Onitsha North,
Onitsha South, Orumba North, Orumba South, Oyi. |
Awka |
Bauchi |
Alkaleri,
Bauchi, Bogoro, Damban, Darazo, Dass, Ganjuwa, Giade, Itas/Gadau, Jamaare,
Katagum, Kirfi, Misau, Ningi, Shira, Tafawa-Balewa, Toro, Warji, Zaki |
Bauchi |
Bayelsa |
Brass, Ekeremor,
Kolokuma/Opokuma, Nembe, Ogbia, Sagbama, Southern Ijaw, Yenegoa. |
Yenagoa |
Benue |
Ado, Agatu, Apa, Buruku,
Gboko, Guma, Gwer East, Gwer West, Katsina-Ala, Konshisha, Kwande, Logo, Makurdi, Obi,
Ogbadibo, Oju, Okpokwu, Ohimini, Oturkpo, Tarka, Ukum, Ushongo, Vandeikya. |
Makurdi |
Borno |
Abadam, Askira/Uba, Bama,
Bayo, Biu, Chibok, Damboa, Dikwa, Gubio, Guzamala, Gwoza, Hawul, Jere, Kaga, Kala/Balge,
Konduga, Kukawa, Kwaya Kusar, Mafa, Magumeri, Maiduguri, Marte, Mobbar, Monguno, Ngala,
Nganzai, Shani. |
Maiduguri |
Cross River |
Abi, Akamkpa, Akpabuyo,
Bakassi, Bekwara, Biase, Boki, Calabar-Municipal, Calabar South, Etung, Ikom, Obanliku,
Obubra, Obudu, Odukpani, Ogoja, Yakurr, Yala |
Calabar |
Delta |
Aniocha North, Aniocha
South, Bomadi, Burutu, Ethiope East, Ethiope West, Ika North East, Ika South, Isoko North,
Isoko South, Ndokwa East, Ndokwa West, Okpe, Oshimili North, Oshimili South, Patani,
Sapele, Udu, Ughelli North, Ughelli South, Ukwuani, Uvwie, Warri North, Warri South, Warri
South West. |
Asaba |
Ebonyi |
Abakaliki, Afikpo North,
Afikpo South, Ebonyi, Ezza North, Ezza South, Ikwo, Ishielu, Ivo, Izzi, Ohaozara, Ohaukwu,
Onicha |
Abakaliki |
Edo |
Akoko-Edo, Egor, Esan
Central, Esan North East, Esan South East, Esan West, Etsako Central, Etsako East, Etsako
West, Igueben, Ikpoba-Okha, Oredo, Orhionmwon, Ovia North East, Ovia South West, Owan
East, Owan West, Uhunmwonde. |
Benin City |
Ekiti |
Ado Ekiti, Aiyekire, Efon,
Ekiti East, Ekiti South West, Ekiti West, Emure, Idosi-Osi, Ijero, Ikere, Ikole, Ilemeji,
Irepodun/Ifelodun, Ise/Orun, Moba, Oye. |
Ado Ekiti |
Enugu |
Aninri, Awgu, Enugu East,
Enugu North, Enugu South, Ezeagu, Igbo-Etiti, Igbo-Eze North, Igbo-Eze South, Isi-Uzo,
Nkanu East, Nkanu West, Nsukka, Oji-River, Udenu, Udi, Uzo-Uwani |
Enugu |
Gombe |
Akko, Balanga, Billiri,
Dukku, Funakaye, Gombe, Kaltungo, Kwami, Nafada, Shomgom, Yamaltu/Deba. |
Gombe |
Imo |
Aboh-Mbaise, Ahiazu-Mbaise,
Ehime-Mbano, Ezinihitte, Ideato North, Ideato South, Ihitte/Uboma, Ikeduru, Isiala Mbano,
Isu, Mbaitoli, Ngor-Okpala, Njaba, Nwangele, Nkwerre, Obowo, Oguta, Ohaji/Egbema, Okigwe,
Orlu, Orsu, Oru East, Oru West, Owerri-Municipal, Owerri North, Owerri West, Unuimo. |
Owerri |
Jigawa |
Auyo, Babura, Birni Kudu,
Biriniwa, Buji, Dutse, Gagarawa, Garki, Gumel, Guri, Gwaram, Gwiwa, Hadejia, Jahun, Kafin
Hausa, Kaugama Kazaure, Kiri Kasamma, Kiyawa, Maigatari, Malam Madori, Miga, Ringim, Roni,
Sule-Tankarkar, Taura, Yankwashi. |
Dutse |
Kaduna |
Birnin-Gwari, Chikun, Giwa,
Igabi, Ikara, Jaba, Jema'a, Kachia, Kaduna North, kaduna South, Kagarko, Kajuru, kauru,
Kubau, kudan, Lere, Markafi, Sabon-Gari, Sanga, Soba, Zango-Kataf, Zaria |
Kaduna |
Kano |
Ajingi, Albasu, Bagwai,
Bebeji, Bichi, Bunkure, Dala, Dambatta, Dawakin Kudu, Dawakin Tofa, Doguwa, Fagge,
Gabasawa, Garko, Garum Mallam, Gaya, Gezawa,Gwale, Gwarzo, Kabo, Kano Municipal, Karaye,
Kibiya, Kiru, kumbotso, Kunchi, Kura, Madobi, Makoda, Minjibir, Nasarawa, Rano, Rimin
Gado, Rogo, Shanono, Sumaila, Takali, Tarauni, Tofa, Tsanyawa, Tudun Wada, Ungogo, Warawa,
Wudil. |
Kano |
Katsina |
Bakori,
Batagarawa, Batsari, Baure, Bindawa, Charanchi, Dandume, Danja, Dan Musa,
Daura, Dutsi, Dutsin-Ma, Faskari, Funtua, Ingawa, Jibia, Kafur, Kaita,
Kankara, Kankia, Katsina, Kurfi, Kusada,
MaiAdua, Malumfashi, Mani, Mashi, Matazuu, Musawa, Rimi, Sabuwa,
Safana, Sandamu, Zango. |
Katsina |
Kebbi |
Aleiro, Arewa-Dandi,
Argungu, Augie, Bagudo, Birnin Kebbi, Bunza, Dandi, Fakai, Gwandu, Jega, Kalgo,
Koko/Besse, Maiyama, Ngaski, Sakaba, Shanga, Suru, Wasagu/Danko, Yauri, Zuru. |
Birnin Kebbi |
Kogi |
Adavi, Ajaokuta, Ankpa,
Bassa, Dekina, Ibaji, Idah, Igalamela-Odolu, Ijumu, Kabba/Bunu, Kogi, Lokoja, Mopa-Muro,
Ofu, Ogori/Mangongo, Okehi, Okene, Olamabolo, Omala, Yagba East, Yagba West. |
Lokoja |
Kwara |
Asa, Baruten, Edu, Ekiti,
Ifelodun, Ilorin East, Ilorin West, Irepodun, Isin, Kaiama, Moro, Offa, Oke-Ero, Oyun,
Pategi. |
Ilorin |
Lagos |
Agege, Ajeromi-Ifelodun,
Alimosho, Amuwo-Odofin, Apapa, Badagry, Epe, Eti-Osa, Ibeju/Lekki, Ifako-Ijaye, Ikeja,
Ikorodu, Kosofe, Lagos Island, Lagos Mainland, Mushin, Ojo, Oshodi-Isolo, Shomolu,
Surulere. |
Ikeja |
Nasarawa |
Akwanga, Awe, Doma, Karu,
Keana, Keffi, Kokona, Lafia, Nasarawa, Nasarawa-Eggon, Obi, Toto, Wamba. |
Lafia |
Niger |
Agaie, Agwara, Bida, Borgu,
Bosso, Chanchaga, Edati, Gbako, Gurara, Katcha, Kontagora, Lapai, Lavun, Magama, Mariga,
Mashegu, Mokwa, Muya, Pailoro, Rafi, Rijau, Shiroro, Suleja, Tafa, Wushishi. |
Minna |
Ogun |
Abeokuta North, Abeokuta
South, Ado-Odo/Ota, Egbado North, Egbado South, Ewekoro, Ifo, Ijebu East, Ijebu North,
Ijebu North East, Ijebu Ode, Ikenne, Imeko-Afon, Ipokia, Obafemi-Owode, Ogun Waterside,
Odeda, Odogbolu, Remo North, Shagamu. |
Abeokuta |
Ondo |
Akoko North East, Akoko
North West,. Akoko South Akure East, Akoko South West, Akure North, Akure South, Ese-Odo,
Idanre, Ifedore, Ilaje, Ile-Oluji-Okeigbo, Irele, Odigbo, Okitipupa, Ondo East, Ondo West,
Ose, Owo. |
Akure |
Osun |
Aiyedade, Aiyedire,
Atakumosa East, Atakumosa West, Boluwaduro, Boripe, Ede North, Ede South, Egbedore,
Ejigbo, Ife Central, Ife East, Ife North, Ife South, Ifedayo, Ifelodun, Ila, Ilesha East,
Ilesha West, Irepodun, Irewole, Isokan, Iwo, Obokun, Odo-Otin, Ola-Oluwa, Olorunda,
Oriade, Orolu, Osogbo. |
Oshogbo |
Oyo |
Afijio, Akinyele, Atiba,
Atigbo, Egbeda, Ibadan Central, Ibadan North, Ibadan North West, Ibadan South East, Ibadan
South West, Ibarapa Central, Ibarapa East, Ibarapa North, Ido, Irepo, Iseyin, Itesiwaju,
Iwajowa, Kajola, Lagelu Ogbomosho North, Ogbmosho South, Ogo Oluwa, Olorunsogo, Oluyole,
Ona-Ara, Orelope, Ori Ire, Oyo East, Oyo West, Saki East, Saki West, Surulere. |
Ibadan |
Plateau |
Barikin Ladi,
Bassa, Bokkos, Jos East, Jos North, Jos South, Kanam, Kanke, Langtang North, Langtang South,
Mangu, Mikang, Pankshin, Quaan Pan, Riyom, Shendam, Wase. |
Jos |
Rivers |
Abua/Odual, Ahoada East,
Ahoada West, Akuku Toru, Andoni, Asari-Toru, Bonny, Degema, Emohua, Eleme, Etche, Gokana,
Ikwerre, Khana, Obia/Akpor, Ogba/Egbema/Ndoni, Ogu/Bolo, Okrika, Omumma, Opobo/Nkoro,
Oyigbo, Port-Harcourt, Tai. |
Port-Harcourt |
Sokoto |
Binji, Bodinga,
Dange-shnsi, Gada, Goronyo, Gudu, Gawabawa, Illela, Isa, Kware, kebbe, Rabah, Sabon birni,
Shagari, Silame, Sokoto North, Sokoto South, Tambuwal, Tqngaza, Tureta, Wamako, Wurno,
Yabo. |
Sokoto |
Taraba |
Ardo-kola, Bali, Donga,
Gashaka, Cassol, Ibi, Jalingo, Karin-Lamido, Kurmi, Lau, Sardauna, Takum. Ussa, Wukari,
Yorro, Zing. |
Jalingo |
Yobe |
Bade, Bursari, Damaturu,
Fika, Fune, Geidam, Gujba, Gulani, Jakusko, Karasuwa, Karawa, Machina, Nangere, Nguru
Potiskum, Tarmua, Yunusari, Yusufari. |
Damaturu |
Zamfara |
Anka, Bakura, Birnin
Magaji, Bukkuyum, Bungudu, Gummi, Gusau, Kaura, Namoda, Maradun, Maru, Shinkafi, Talata
Mafara. Tsafe, Zurmi. |
Gusau |
Back to Page One
Part II
1. Definition of Federal Capital
Territory Abuja.
The definition of the boundaries of the Federal Capital Territory,
Abuja referred to under Chapters 1 and VIII of this Constitution is as follows:
Starting from the village called Izom on 7oE Longitude and 9o 15
Latitude, project a straight line westward to a point just north of Lehu on the Kemi
River, then project a line along 6 o 47 ½ E southward passing close to the
villages called Semasu, Zui and Bassa down to a place a little west of Abaji town; thence
project a line along parallel 8o 27 ½ N Latitude to Ahinza village 7o 6" on
Kanama River); thence a straight line to Buga Village on 8o 30 N Latitude and
7" 20E Longitude; thence draw a line northwards joining the villages of
Odu,
Karshi and Karu. From Karu the line shall proceed along the boundary between the Niger and
Plateau States as far as Kawu; thence the line shall proceed along the boundary between
Kaduna and Niger States up to a point just north of Bwari village, hence the line goes
straight to Zuba village and thence straight to Izom.
2. Federal Capital Territory, Abuja
Area Councils
|
Area Council
|
Headquarters |
Abaji |
Abaji |
Abuja Municipal |
Garki |
Bwari |
Bwari |
Gwagwalada |
Gwagwalada |
Kuje |
Kuje |
Kwali |
Kwali |
Back to Page One
Second Schedule
Legislative Powers
Part I
Exclusive Legislative List
Item
1. Accounts of the Government of the Federation, and of offices,
courts, and authorities thereof, including audit of those accounts.
2. Arms, ammunition and explosives.
3. Aviation, including airports, safety of aircraft and carriage
of passengers and goods by air.
4. Awards of national titles of honour, decorations and other
dignities.
5. Bankruptcy and insolvency
6. Banks, banking, bills of exchange and promissory notes.
7. Borrowing of moneys within or outside Nigeria for the
purposes of the Federation or of any State.
8. Census, including the establishment and maintenance of
machinery for continuous and universal registration of births and deaths throughout
Nigeria.
9. Citizenship, naturalisation and aliens.
10. Commercial and industrial monopolies, combines and trusts.
11. Construction, alteration and maintenance of such roads as
may be declared by the National Assembly to be Federal trunk roads.
12. Control of capital issues.
13. Copyright
14. Creation of States
15. Currency, coinage and legal tender
16. Customs and excise duties
17. Defence
18. Deportation of persons who are not citizens of Nigeria
19. Designation of securities in which trust funds may be
invested.
20. Diplomatic, consular and trade representation.
21. Drugs and poisons.
22. Election to the offices of President and Vice-President or
Governor and Deputy Governor and any other office to which a person may be elected under
this Constitution, excluding election to a local government council or any office in such
council.
23. Evidence
24. Exchange control
25. Export duties
26. External affairs
27. Extradition
28. Fingerprints identification and criminal records.
29. Fishing and fisheries other than fishing and fisheries in
rivers, lakes, waterways, ponds and other inland waters within Nigeria.
30. Immigration into and emigration from Nigeria
31. Implementation of treaties relating to matters on this list
32. Incorporation, regulation and winding up of bodies
corporate, other than co-operative societies, local government councils and bodies
corporate established directly by any Law enacted by a House of Assembly of a State.
33. Insurance.
34. Labour, including trade unions, industrial relations;
conditions, safety and welfare of labour; industrial disputes; prescribing a national
minimum wage for the Federation or any part thereof; and industrial arbitration.
35. Legal proceedings between Governments of States or between
the Government of the Federation and Government of any State or any other authority or
person.
36. Maritime shipping and navigation, including -
(a)
shipping and navigation on tidal waters;
(b)
shipping and navigation on the River Niger and its affluents and on any such other inland
waterway as may be designated by the National Assembly to be an international waterway or
to be an inter-State waterway;
(c)
lighthouses, lightships, beacons and other provisions for the safety of shipping and
navigation;
(d) such
ports as may be declared by the National Assembly to be Federal ports (including the
constitution and powers of port authorities for Federal ports).
37. Meteorology
38. Military (Army, Navy and Air Force) including any other
branch of the armed forces of the Federation.
39. Mines and minerals, including oil fields, oil mining,
geological surveys and natural gas.
40. National parks being such areas in a State as may, with the
consent of the Government of that State, be designated by the National Assembly as
national parks.
41. Nuclear energy
42. Passports and visas
43. Patents, trade marks, trade or business names, industrial
designs and merchandise marks.
44. Pensions, gratuities and other-like benefit payable out of
the Consolidated Revenue Fund or any other public funds of the Federation.
45. Police and other government security services established by
law.
46. Posts, telegraphs and telephones
47. Powers of the National Assembly, and the privileges and
immunities of its members
48. Prisons
49. Professional occupations as may be designated by the
National Assembly.
50. Public debt of the Federation
51. Public holidays.
52. Public relations of the Federation
53. Public service of the Federation including the settlement of
disputes between the Federation and officers of such service.
54. Quarantine
55. Railways
56. Regulations of political parties
57. Service and execution in a State of the civil and criminal
processes, judgements, decrees, orders and other decisions of any court of law outside
Nigeria or any court of law in Nigeria other than a court of law established by the House
of Assembly of that State.
58. Stamp duties
59. Taxation of incomes, profits and capital gains, except as
otherwise prescribed by this Constitution.
60. The establishment and regulation of authorities for the
Federation or any part thereof -
(a) To
promote and enforce the observance of the Fundamental Objectives and Directive Principles
contained in this Constitution;
(b) To
identify, collect, preserve or generally look after ancient and historical monuments and
records and archaeological sites and remains declared by the National Assembly to be of
national significance or national importance;
(c) to
administer museums and libraries other than museums and libraries established by the
Government of a state;
(d) To
regulate tourist traffic; and
(e) To
prescribe minimum standards of education at all levels.
61. The formation, annulment and dissolution of marriages other
than marriages under Islamic law and Customary law including matrimonial causes relating
thereto.
62. Trade and commerce, and in particular -
(a) trade
and commerce between Nigeria and other countries including import of commodities into and
export of commodities from Nigeria, and trade and commerce between the states;
(b)
establishment of a purchasing authority with power to acquire for export or sale in world
markets such agricultural produce as may be designated by the National Assembly;
(c)
inspection of produce to be exported from Nigeria and the enforcement of grades and
standards of quality in respect of produce so inspected;
(d)
establishment of a body to prescribe and enforce standards of goods and commodities
offered for sale;
(e) control
of the prices of goods and commodities designated by the National Assembly as essential
goods or commodities; and
(f)
registration of business names.
63. Traffic on Federal trunk roads.
64. Water from such sources as may be declared by the National
Assembly to be sources affecting more than one state
65. Weights and measures.
66. Wireless, broadcasting and television other than
broadcasting and television provided by the Government of a state; allocation of
wave-lengths for wireless, broadcasting and television transmission.
67. Any other matter with respect to which the National Assembly
has power to make laws in accordance with the provisions of this Constitution.
68. Any matter incidental or supplementary to any matter
mentioned elsewhere in this list.
Back to Page One
Part II
Concurrent Legislative List
Extent of Federal and
State Legislative powers
1. Subject to the provisions of this Constitution, the National
Assembly may by an Act make provisions for -
(a) the
division of public revenue -
(i) between
the Federation and the States;
(ii) among
the States of the Federation;
(iii) between
the States and local government councils;
(iv) among
the local government councils in the States; and
(b) grants
or loans from and the imposition of charges upon the Consolidated Revenue Fund or any
other public funds of the Federation or for the imposition of charges upon the revenue and
assets of the Federation for any purpose notwithstanding that it relates to a matter with
respect to which the National Assembly is not empowered to make laws.
2. Subject to the provisions of this Constitution, any House of
Assembly may make provisions for grants or loans from and the imposition of charges upon
any of the public funds of that State or the imposition of charges upon the revenue and
assets of that State for any purpose notwithstanding that it relates to a matter with
respect to which the National Assembly is empowered to make laws.
3. The National Assembly may make laws for the Federation or any
part thereof with respect to such antiquities and monuments as may, with the consent of
the State in which such antiquities and monuments are located, be designated by the
National Assembly as National Antiquities or National Monuments but nothing in this
paragraph shall preclude a House of Assembly from making Laws for the State or any part
thereof with respect to antiquities and monuments not so designated in accordance with the
foregoing provisions.
4. The National Assembly may make laws for the Federation or any
part thereof with respect to the archives and public records of the Federation.
5. A House of Assembly may, subject to paragraph 4 hereof, make
laws for that State or any part thereof with respect to archives and public records of the
Government of the State.
6. Nothing in paragraphs 4 and 5 hereof shall be construed as
enabling any laws to be made which do not preserve the archives and records which are in
existence at the date of commencement of this Constitution, and which are kept by
authorities empowered to do so in any part of the Federation.
7. In the exercise of its powers to impose any tax or duty on -
(a) capital
gains, incomes or profits or persons other than companies; and
(b)
documents or transactions by way of stamp duties.
the National Assembly may, subject to such conditions as it may
prescribe, provide that the collection of any such tax or duty or the administration of
the law imposing it shall be carried out by the Government of a State or other authority
of a State.
8. Where an Act of the National Assembly provides for the
collection of tax or duty on capital gains, incomes or profit or the administration of any
law by an authority of a State in accordance with paragraph 7 hereof, it shall regulate
the liability of persons to such tax or duty in such manner as to ensure that such tax or
duty is not levied on the same person by more than one State.
9. A House of Assembly may, subject to such conditions as it may
prescribe, make provisions for the collection of any tax, fee or rate or for the
administration of the Law providing for such collection by a local government council.
10. Where a Law of a House of Assembly provides for the
collection of tax, fee or rate or for the administration of such Law by a local government
council in accordance with the provisions hereof it shall regulate the liability of
persons to the tax, fee or rate in such manner as to ensure that such tax, fee or rate is
not levied on the same person in respect of the same liability by more than one local
government council.
11. The National Assembly may make laws for the Federation with
respect to the registration of voters and the procedure regulating elections to a local
government council.
12. Nothing in paragraph 11 hereof shall preclude a House of
Assembly from making laws with respect to election to a local government council in
addition to but not inconsistent with any law made by the National Assembly.
13. The National Assembly may make laws for the Federation or
any part thereof with respect to-
(a)
electricity and the establishment of electric power stations;
(b) the
generation and transmission of electricity in or to any part of the Federation and from
one State to another State;
(c) the
regulation of the right of any person or authority to dam up or otherwise interfere with
the flow of water from sources in any part of the Federation;
(d) the
participation of the Federation in any arrangement with another country for the
generation, transmission and distribution of electricity for any area partly within and
partly outside the Federation;
(f) the
regulation of the right of any person or authority to use, work or operate any plant,
apparatus, equipment or work designed for the supply or use of electrical energy.
14. A House of Assembly may make laws for the State with respect
to -
(a)
electricity and the establishment in that State of electric power stations;
(b) the
generation, transmission and distribution of electricity to areas not covered by a
national grid system within that State; and
(c) the
establishment within that State of any authority for the promotion and management of
electric power stations established by the State.
15. In the foregoing provisions of this item, unless the context
otherwise requires, the following expressions have the meanings respectively assigned to
them -
"distribution" means the supply of electricity from a
sub-station to the ultimate consumer;
"management" includes maintenance, repairs or replacement;
"power station" means an assembly of plant or equipment for
the creation or generation of electrical energy; and
"transmission" means the supply of electricity from a power
station to a sub-station or from one sub-station to another sub-station, and the reference
to a
"sub-station" herein is a reference to an assembly of plant,
machinery or equipment for distribution of electricity.
16. The National Assembly may make laws for the establishment of
an authority with power to carry out censorship of cinematograph films and to prohibit or
restrict the exhibition of such films; and nothing herein shall -
(a)
preclude a House of Assembly from making provision for a similar authority for that State;
or
(b)
authorise the exhibition of a cinematograph film in a State without the sanction of the
authority established by the Law of that State for the censorship of such films.
17. The National Assembly may make laws for the Federation or
any part thereof with respect to -
(a) the
health, safety and welfare of persons employed to work in factories, offices or other
premises or in inter-State transportation and commerce including the training, supervision
and qualification of such persons;
(b) the
regulation of ownership and control of business enterprises throughout the Federation for
the purpose of promoting, encouraging or facilitating such ownership and control by
citizens of Nigeria;
(c) the
establishment of research centres for agricultural studies; and
(d) the
establishment of institutions and bodies for the promotion or financing of industrial,
commercial or agricultural projects.
18. Subject to the provisions of this Constitution, a House of
Assembly may make Laws for that State with respect to industrial, commercial or
agricultural development of the State.
19. Nothing in the foregoing paragraphs of this item shall be
construed as precluding a House of Assembly from making Laws with respect to any of the
matters referred to in the foregoing paragraphs.
20. For the purposes of the foregoing paragraphs of this item,
the word
"agricultural" includes fishery.
21. The National Assembly may make laws to regulate or
co-ordinate scientific and technological research throughout the Federation.
22. Nothing herein shall prelude a House of Assembly from
establishing or making provisions for an institution or other arrangement for the purpose
of scientific and technological research.
23. The National Assembly may make laws for the Federation or
any part thereof with respect to statistics so far as the subject matter relates to -
(a) any
matter upon which the National Assembly has power to make laws; and
(b) the
organisation of co-ordinated scheme of statistics for the Federation or any part thereof
on any matter whether or not it has power to make laws with respect thereto.
24. A House of Assembly may make Laws for the State with respect
to statistics and on any matter other than that referred to in paragraph 23
(a) of this
item.
25. The National Assembly may make laws for the Federation or
any part thereof with respect to trigonometrical, cadastral and topographical surveys.
26. A House of Assembly may, subject to paragraph 25 hereof,
make laws for that State or any part thereof with respect to trigonometrical, cadastral
and topographical surveys.
27. The National Assembly shall have power to make laws for the
Federation or any part thereof with respect to university education, technological
education or such professional education as may from time to time be designated by the
National Assembly.
28. The power conferred on the National Assembly under paragraph
27 of this item shall include power to establish an institution for the purposes of
university, post-primary, technological or professional education.
29. Subject as herein provided, a House of Assembly shall have
power to make laws for the state with respect to the establishment of an institution for
purposes of university, technological or professional education.
30. Nothing in the foregoing paragraphs of this item shall be
construed so as to limit the powers of a House of Assembly to make laws for the State with
respect to technical, vocational, post-primary, primary or other forms of education,
including the establishment of institutions for the pursuit of such education.
Back to Page One
Part III
Supplemental and
Interpretation
1. Where by this Schedule the National Assembly is required to
designate any matter or thing or to make any declaration, it may do so either by an Act of
the National Assembly or by a resolution passed by both Houses of the National Assembly.
2. In this Schedule, references to incidental and supplementary
matters include, without prejudice to their generality, references to:
(a)
offences;
(b) the
jurisdiction, powers, practice and procedure of courts of law; and
(c) the
acquisition and tenure of land.
Back to Page One
Third Schedule
Part I
Federal Executive Bodies
(Established by Section 153)
A - Code of Conduct Bureau
1. The Code of Conduct Bureau shall comprise the following
members:
(a) a
Chairman; and
(b) nine
other members, each of whom, at the time of appointment, shall not be less than fifty
years of age and subject to the provisions of section 157 of this Constitution shall
vacate his office on attaining the age of seventy years.
2. The Bureau shall establish such offices in each state of the
Federation as it may require for the discharge of its functions under this Constitution.
3. The Bureau shall have power to:
(a) receive
declarations by public officers made under paragraph 12 of Part I of the Fifth Schedule to
this Constitution;
(b) examine
the declarations in accordance with the requirements of the Code of Conduct or any law;
(c) retain
custody of such declarations and make them available for inspection by any citizen of
Nigeria on such terms and conditions as the National Assembly may prescribe;
(d) ensure
compliance with and, where appropriate, enforce the provisions of the Code of Conduct of
any law relating thereto;
(e) receive
complaints about non-compliance with or breach of the provisions of the Code of Conduct or
any law in relation thereto, investigate the complaint and, where appropriate, refer such
matters to the Code of Conduct Tribunal;
(f)
appoint, promote, dismiss and exercise disciplinary control over the staff of the Codes of
Conduct Bureau in accordance with the provisions of an Act of the National Assembly
enacted in that behalf; and
(g) carry
out such other functions as may be conferred upon it by the National Assembly.
-
The terms and conditions of service of the staff of the Code of Conduct Bureau shall be
the same as those provided for public officers in the civil service of the Federation.
Back to Page One
B - Council of State
5. The Council of State shall comprise the following persons:
(a) the
President, who shall be the Chairman;
(b) the
Vice-President, who shall be the Deputy Chairman;
(c) all
former Presidents of the Federation and all former Heads of the Government of the
Federation;
(d) all
former Chief Justices of Nigeria;
(e) the
President of the Senate;
(f) the
Speaker of the House of Representatives;
(g) all the
Governors of the states of the Federation; and
(h) the
Attorney-General of the Federation.
(6.) The Council shall have power to:
(a) advise
the President in the exercise of his powers with respect to the:-
(i)
national population census and compilation, publication and keeping of records and other
information concerning the same;
(ii)
prerogative of mercy;
(iii) award
of national honours;
(iv) the
Independent National Electoral Commission (including the appointment of members of that
Commission);
(v) the
National Judicial Council (including the appointment of the members, other than ex-officio
members of that Council); and
(vi) the
National Population Commission (including the appointment of members of that Commission);
and
(b) advise
the President whenever requested to do so on the maintenance of public order within the
Federation or any part thereof and on such other matters as the President may direct.
C - Federal Character
Commission
7. (1) The Federal Character Commission shall comprise the following members:
(a) a
Chairman; and
(b) one
person to represent each of the states of the Federation and the Federal Capital
Territory, Abuja.
(2) The
Chairman and members shall be appointed by the President, subject to confirmation by the
Senate.
8. (1) In giving effect to the provisions of section 14(3) and (4) of this
Constitution, the Commission shall have the power to:
(a) work
out an equitable formula subject to the approval of the National Assembly for the
distribution of all cadres of posts in the public service of the Federation and of the
States, the armed forces of the Federation, the Nigeria Police Force and other government
security agencies, government owned companies and parastatals of the states;
(b)
promote, monitor and enforce compliance with the principles of proportional sharing of all
bureaucratic, economic, media and political posts at all levels of government;
(c) take
such legal measures, including the prosecution of the head or staff of any Ministry or
government body or agency which fails to comply with any federal character principle or
formula prescribed or adopted by the Commission; and
(d) carry
out such other functions as may be conferred upon it by an Act of the National Assembly.
(2) The
posts mentioned in sub-paragraph (1)(a) and (b) of this paragraph shall include those of
the Permanent Secretaries, Directors-General in Extra-Ministerial Departments and
parastatals, Directors in Ministries and Extra-Ministerial Departments, senior military
officers, senior diplomatic posts and managerial cadres in the Federal and State
parastatals, bodies, agencies and institutions.
(3)
Notwithstanding any provision in any other law or enactment, the Commission shall ensure
that every public company or corporation reflects the federal character in the
appointments of its directors and senior management staff.
9. It shall be the duty of the Board of Directors of every
state-owned enterprise to recognise and promote the principle of federal character in the
ownership and management structure of the company.
Back to Page One
D - Federal Civil Service
Commission
10. The Federal Civil Service Commission shall comprise the
following members -
(a) a
Chairman; and
(b) not
more than fifteen other members, who shall, in the opinion of the President, be persons of
unquestionable integrity and sound political judgment.
11. (1) The Commission shall without prejudice to the powers vested in the President,
the National Judicial Council, the Federal Judicial Service Commission, the National
Population Commission and the Police Service Commission, have power -
(a) to
appoint persons to offices in the Federal Civil Service; and
(b) to
dismiss and exercise disciplinary control over persons holding such offices.
(2) The
Commission shall not exercise any of its powers under sub-paragraph (1) of this paragraph
in respect of such offices of heads of divisions of Ministries or of departments of the
government of the Federation as may, from time to time, be designated by an order made by
the President except after consultation with the Head of the Civil Service of the
Federation.
E - Federal Judicial
Service Commission
12. The Federal Judicial Service Commission shall comprise the
following members -
(a) the
Chief Justice of Nigeria, who shall be the Chairman;
(b) the
President of the Court of Appeal;
(c) the
Attorney-General of the Federation;
(d) the
Chief Judge of the Federal High Court;
(e) two
persons, each of whom has been qualified to practice as a legal practitioner in Nigeria
for a period of not less than fifteen years, from a list of not less than four persons so
qualified and recommended by the Nigerian Bar Association; and
(f) two
other persons, not being legal practitioners, who in the opinion of the President are of
unquestionable integrity.
13. The Commission shall have power to -
(a) advise
the National Judicial Council in nominating persons for appointment, as respects
appointments to the office of -
(i) the
Chief Justice of Nigeria;
(ii) a
Justice of the Supreme Court;
(iii) the
President of the Court of Appeal;
(iv) a
Justice of the Court of Appeal;
(v) the
Chief Judge of the Federal High Court;
(vi) a
Judge of the Federal High Court; and
(iv) the
Chairman and members of the Code of Conduct Tribunal.
(b)
recommend to the National Judicial Council, the removal from office of the judicial
officers specified in sub-paragraph (a) of this paragraph; and
(c)
appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy
Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court and all
other members of the staff of the judicial service of the Federation not otherwise
specified in this Constitution and of the Federal Judicial Service Commission.
Back to Page One
F - Independent National Electoral Commission
14. (1) The Independent National Electoral Commission shall comprise the following
members -
(a) a
Chairman, who shall be the Chief Electoral Commissioner; and
(b) twelve
other members to be known as National Electoral Commissioners, who shall be persons of
unquestionably integrity and not less than fifty years and forty years of age,
respectively.
(2) There
shall be for each State of the Federation and the Federal Capital Territory, Abuja, a
Resident Electoral Commissioner who shall -
(a) be
appointed by the President;
(b) be
persons of unquestionable integrity;
(c) not be
less than forty years of age.
15. The Commission shall have power to -
(a)
organise, undertake and supervise all elections to the offices of the President and
Vice-President, the Governor and Deputy Governor of a State, and to the membership of the
Senate, the House of Representatives and the House of Assembly of each State of the
Federation;
(b)
register political parties in accordance with the provisions of this Constitution and an
Act of the National Assembly;
(c) monitor
the organisation and operation of the political parties, including their finances;
(d) arrange
for the annual examination and auditing of the funds and accounts of political parties,
and publish a report on such examination and audit for public information;
(e) arrange
and conduct the registration of persons qualified to vote and prepare, maintain and revise
the register of voters for the purpose of any election under this Constitution;
(f) monitor
political campaigns and provide rules and regulations which shall govern the political
parties;
(g) ensure
that all Electoral Commissioners, Electoral and Returning Officers take and subscribe the
Oath of Office prescribed by law;
(h)
delegate any of its powers to any Resident Electoral Commissioner; and
(i) carry
out such other functions as may be conferred upon it by an Act of the National Assembly.
G - National Defence Council
16. The National Defence Council shall comprise the following
members -
(a) the
President who shall be the Chairman;
(b) the
Vice-President who shall be the Deputy Chairman;
(c) the
Minister of the Government of the Federation responsible for defence;
(d) the
Chief of Defence Staff;
(e) the
Chief of Army Staff;
(f) the
Chief of Naval Staff;
(g) the
Chief of Air Staff; and
(h) such
other members as the President may appoint.
17. The Council shall have power to advise the President on
matters relating to the defence of the sovereignty and territorial integrity of Nigeria.
H - National Economic Council
18. The National Economic Council shall comprise the following
members -
(a) the
Vice-President who shall be the Chairman;
(b) the
Governor of each State of the Federation; and
(c) the
Governor of the Central Bank of Nigeria established under the Central Bank of Nigeria
Decree 1991 or any enactment replacing that Decree.
19. The National Economic Council shall have power to advise the
President concerning the economic affairs of the Federation, and in particular on measures
necessary for the co-ordination of the economic planning efforts or economic programmes of
the various Governments of the Federation.
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I - National Judicial Council
20. The National Judicial Council shall comprise the following
members -
(a) the
Chief Justice of Nigeria who shall be the Chairman
(b) the
next most senior Justice of the Supreme Court who shall be the Deputy Chairman;
(c) the
President of the Court of Appeal;
(d) five
retired Justices selected by the Chief Justice of Nigeria from the Supreme Court or Court
of Appeal;
(e) the
Chief Judge of the Federal High Court;
(f) five
Chief Judges of States to be appointed by the Chief Justice of Nigeria from among the
Chief Judges of the States and of the High Court of the Federal Capital Territory, Abuja
in rotation to serve for two years;
(g) one
Grand Kadi to be appointed by the Chief Justice of Nigeria from among Grand Kadis of the
Sharia Courts of Appeal to serve in rotation for two years;
(h) one
President of the Customary Court of Appeal to be appointed by the Chief Justice of Nigeria
from among the Presidents of the Customary Courts of Appeal to serve in rotation for two
years;
(i) five
members of the Nigerian Bar Association who have been qualified to practice for a period
of not less than fifteen years, at least one of whom shall be a Senior Advocate of
Nigeria, appointed by the Chief Justice of Nigeria on the recommendation of the National
Executive Committee of the Nigerian Bar Association to serve for two years and subject to
re-appointment.
Provided that the five members shall sit in the Council only for the
purposes of considering the names of persons for appointment to the superior courts of
record; and
(j) two
persons not being legal practitioners, who in the opinion of the Chief Justice of Nigeria,
are of unquestionable integrity.
21. The National Judicial Council shall have power to -
(a)
recommend to the President from among the list of persons submitted to it by -
(i) the
Federal Judicial Service Commission, persons for appointment to the offices of the Chief
Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the
Court of Appeal, the Chief Judge and Judges of the Federal High Court, and
(ii) the
Judicial Service Committee of the Federal Capital Territory, Abuja, persons for
appointment to the offices of the Chief Judge and Judges of the High Court of the Federal
Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the
Federal Capital Territory, Abuja and the President and Judges of the Customary Court of
Appeal of the Federal Capital Territory, Abuja;
(b)
recommend to the President the removal from office of the judicial officers specified in
sub-paragraph (a) of this paragraph and to exercise disciplinary control over such
officers;
(c)
recommend to the Governors from among the list of persons submitted to it by the State
Judicial Service Commissions persons for appointments to the offices of the Chief Judges
of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of
the Sharia Courts of Appeal of the States and the Presidents and Judges of the Customary
Courts of Appeal of the States;
(d)
recommend to the Governors the removal from the office of the judicial officers in
sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such
officers.
(e)
collect, control and disburse all moneys, capital and recurrent, for the judiciary;
(f) advise
the President and Governors or any matter pertaining to the judiciary as may be referred
to the Council by the President or the Governors;
(g)
appoint, dismiss and exercise disciplinary control over members and staff of the Council;
(h) control
and disburse all monies, capital and recurrent; for the services of the Council; and
(i) deal
with all other matters relating to broad issues of policy and administration.
22. The Secretary of the Council shall be appointed by the
National Judicial Council on the recommendation of the Federal Judicial Service
Commission and shall be a legal practitioner.
J - National Population
Commission
23. The National Population Commission shall comprise the
following members -
(a) a
Chairman; and
(b) one
person from each State of the Federation and the Federal Capital Territory, Abuja.
24. The Commission shall have power to -
(a) undertake
periodical enumeration of population through sample surveys, censuses or otherwise;
(b)
establish and maintain a machinery for continuous and universal registration of births and
deaths throughout the Federation;
(c) advise
the President on population matters;
(d) publish
and provide information and data on population for the purpose of facilitating economic
and development planning; and
(e) appoint
and train or arrange for the appointment and training of enumerators or the staff of the
Commission.
K - National Security Council
25. The National Security Council shall comprise the following
members -
(a) the
President who shall be the Chairman;
(b) the
Vice-President who shall be the Deputy Chairman;
(c) the
Chief of Defence Staff;
(d) the
Minister of the Government of the Federation charged with the responsibility for internal
affairs.
(e) the
Minister of the Government of the Federation charged responsibility for defence;
(f) the
Minister of the Government of the Federation charged with the responsibility for foreign
affairs;
(g) the
National Security Adviser
(h) the
Inspector-General of Police; and
(i) such
other persons as the President may in his discretion appoint.
26. The Council shall have power to advise the President on
matters relating to public security including matters relating to any organisation or
agency established by law for ensuring the security of the Federation.
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L - Nigeria Police Council
27. The Nigeria Police Council shall comprise the following
members -
(a) the
President who shall be the Chairman;
(b) the
Governor of each State of the Federation;
(c) the
Chairman of the Police Service Commission; and
(d) the
Inspector-General of Police
28. The functions of the Nigeria Police Council shall include -
(a) the
organisation and administration of the Nigeria Police Force and all other matters relating
thereto (not being matters relating to the use and operational control of the Force or the
appointment, disciplinary control and dismissal of members of the Force);
(b) the
general supervision of the Nigeria Police Force; and
(c)
advising the President on the appointment of the Inspector-General of Police.
M - Police Service Commission
29. The Police Service Commission shall comprise the following
members -
(a) a
Chairman; and
(b) such
number of other persons, not less than seven but not more than nine, as may be prescribed
by an Act of the National Assembly.
30. The Commission shall have power to -
(a) appoint
persons to offices (other than office of the Inspector-General of Police) in the Nigeria
Police Force; and
(b) dismiss
and exercise disciplinary control over persons holding any office referred to in
sub-paragraph (a) of this paragraph.
N - Revenue Mobilisation Allocation and Fiscal Commission
31. The Revenue Mobilisation Allocation and Fiscal Commission
shall comprise the following members -
(a) a
Chairman; and
(b) one
member from each State of the Federation and the Federal Capital Territory, Abuja who in
the opinion of the President are persons of unquestionable integrity with requisite
qualifications and experience.
32. The Commission shall have power to -
(a) monitor
the accruals to and disbursement of revenue from the Federation Account;
(b) review,
from time to time, the revenue allocation formulae and principles in operation to ensure
conformity with changing realities.
Provided that any revenue formula which has been accepted by an Act of
the National Assembly shall remain in force for a period of not less than five years from
the date of commencement of the Act;
(c) advise
the Federal and State Governments on fiscal efficiency and methods by which their revenue
can be increased;
(d)
determine the remuneration appropriate for political office holders, including the
President, Vice-President, Governors, Deputy Governors, Ministers, Commissioners, Special
Advisers, Legislators and the holders of the offices mentioned in sections 84 and 124 of
this Constitution; and
(e)
discharge such other functions as are conferred on the Commission by this Constitution or
any Act of the National Assembly.
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Part II
State's Executive Bodies
(Established by section 197)
A - State Civil Service
Commission
1. A State Civil Service Commission shall comprise the following
members -
(a) a
Chairman; and
(b) not
less than two and not more than four other persons, who shall, in the opinion of the
Governor, be persons of unquestionable integrity and sound political judgment.
2. (1) The Commission shall have power without prejudice to the powers vested in the
Governor and the State Judicial Service Commission to -
(a) appoint
persons to offices in the State civil service; and
(b) dismiss
and exercise disciplinary control over persons holding such offices.
2. The
Commission shall not exercise any of its powers under sub-paragraph (1) of this paragraph
in respect of such offices of heads of divisions of Ministries or of departments of the
Government of the State as may from time to time be designated by an order made by the
Governor except after consultation with the Head of the Civil Service of the State.
B - State Independent
Electoral Commission
3. A State Independent Electoral Commission shall comprise the
following members -
(a) a
Chairman; and
(b) not
less than five but not more than seven other persons.
4. The Commission shall have power-
(a) to
organise, undertake and supervise all elections to local government councils within the
State.
(b) to
render such advice as it may consider necessary to the Independent National Electoral
Commission on the compilation of and the register of voters in so far as that register is
applicable to local government elections in the State.
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C - State Judicial Service
Commission
5. A State Judicial Service Commission shall comprise the
following members -
(a) the
Chief Judge of the State, who shall be the Chairman;
(b) the
Attorney General of the State;
(c) the
Grand Kadi of the Sharia Court of Appeal of the State, if any;
(d) the
President of the Customary Court of Appeal of the State, if any;
(e) two
members, who are legal practitioners, and who have been qualified to practice as legal
practitioners in Nigeria for not less than ten years; and
(f) two
other persons, not being legal practitioners, who in the opinion of the Governor are of
unquestionable integrity.
6. The Commission shall have power to -
(a) advise
the National Judicial Council on suitable persons for nomination to the office of -
(i) the
Chief Judge of the State
(ii) the
Grand Kadi of the Sharia Court of Appeal of the State, if any,
(iii) the President of the Customary Court of Appeal of the State, if
any,
(iii) the
President of the Customary Court of Appeal of the State, if any,
(iv) Judges
of the High Court of the State,
(v) Kadis
of the Sharia Court of Appeal of the State, if any, and
(vi) Judges
of the Customary Court of Appeal of the State, if any;
(b) subject
to the provisions of this Constitution, to recommend to the National Judicial Council the
removal from the office of the judicial officers specified in sub-paragraph (a) of this
paragraph; and
(c) to
appoint, dismiss and exercise disciplinary control over the Chief Registrar and Deputy
Chief Registrar of the High Court, the Chief Registrars of the Sharia Court of Appeal and
Customary Court of Appeal, Magistrates, Judges and members of Area Courts and Customary
Courts and all other members of the staff of the judicial service of the State not
otherwise specified in this Constitution.
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Part III
Federal Capital Territory, Abuja Executive Body
(Established under Section 304)
Judicial Service Committee of the Federal Capital Territory, Abuja
1. The Judicial Service Committee of the Federal Capital
Territory, Abuja shall comprise the following members -
(a) the
Chief Judge of the Federal Capital Territory, Abuja who shall be the Chairman.
(b) the
Attorney-General of the Federation;
(c) the
Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja;
(d) the
President of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
(e) one
person who is a legal practitioner and who has been qualified to practice as a legal
practitioner in Nigeria for a period of not less than twelve years; and
(f) one
other person, not being practitioner, who in the opinion of the President is of
unquestionable integrity.
2. The Committee shall have power -
(a) to
recommend to the National Judicial Council suitable persons for nomination for appointment
to the office of -
(i) the
Chief Judge of the Federal Capital Territory, Abuja,
(ii) a
Judge of the High Court of the Federal Capital Territory, Abuja,
(iii) the
Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja
(iv) the
President of the Customary Court of Appeal of the Federal Capital Territory, Abuja,
(v) a Kadi
of the Sharia Court of Appeal of the Federal Capital Territory, Abuja,
(vi) a
Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja.
(b) subject
to the provisions of this Constitution, to recommend to the National Judicial Council the
removal from office of the Judicial officers specified in sub-paragraph (a) of this
paragraph;
(c) to
appoint, promote and exercise disciplinary control over the Chief Registrar and Deputy
Chief Registrars of the High Court, the Sharia Court of Appeal and the Customary Court of
Appeal of the Federal Capital Territory, Abuja, magistrates, the judges and members of the
District and Area Courts of the Federal Capital Territory, Abuja, if any, and all other
members of the staff of the judicial service of the Federal Capital Territory, Abuja not
otherwise specified in this Constitution and of the Judicial Service Committee of the
Federal Capital Territory, Abuja.
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Fourth Schedule
Functions of a Local Government
Council
Functions of a Local Government
Council
1. The main functions of a local government council are as
follows:
(a) the
consideration and the making of recommendations to a State commission on economic planning
or any similar body on -
(i) the
economic development of the State, particularly in so far as the areas of authority of the
council and of the State are affected, and
(ii)
proposals made by the said commission or body;
(b)
collection of rates, radio and television licences;
(c)
establishment and maintenance of cemeteries, burial grounds and homes for the destitute or
infirm;
(d)
licensing of bicycles, trucks (other than mechanically propelled trucks), canoes, wheel
barrows and carts;
(e)
establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets,
motor parks and public conveniences;
(f)
construction and maintenance of roads, streets, street lightings, drains and other public
highways, parks, gardens, open spaces, or such public facilities as may be prescribed from
time to time by the House of Assembly of a State;
(g) naming
of roads and streets and numbering of houses;
(h)
provision and maintenance of public conveniences, sewage and refuse disposal;
(i) registration of all births, deaths and marriages;
(j)
assessment of privately owned houses or tenements for the purpose of levying such rates as
may be prescribed by the House of Assembly of a State; and
(k) control
and regulation of -
(i)
out-door advertising and hoarding,
(ii) movement
and keeping of pets of all description,
(iii) shops
and kiosks,
(iv)
restaurants, bakeries and other places for sale of food to the public,
(v)
laundries, and
(vi)
licensing, regulation and control of the sale of liquor.
2. The functions of a local government council shall include
participation of such council in the Government of a State as respects the following
matters -
-
the provision and maintenance of primary, adult and vocational education;
(b) the development of agriculture and natural
resources, other than the exploitation of materials
(c) the
provision and maintenance of health services; and
(d) such
other functions as may be conferred on a local government council by the House of Assembly
of the State.
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Fifth Schedule
Part I
Code of Conduct for Public
Officers
General
1. A public officer shall not put himself in a position where
his personal interest conflicts with his duties and responsibilities.
2. Without prejudice to the generality of the foregoing
paragraph, a public officer shall not
(a) receive
or be paid the emoluments of any public office at the same time as he receives or is paid
the emoluments of any other public office; or
3. The President, Vice -President, Governor, Deputy Governor,
Ministers of the Government of the Federation and Commissioners of the Governments of the
States, members of the National Assembly and of the Houses of Assembly of the States, and
such other public officers or persons as the National Assembly may by law prescribe shall
not maintain or operate a bank account in any country outside Nigeria.
4. (1) A public officer shall not, after his retirement from public service and while
receiving pension from public funds, accept more than one remuneration position as
chairman, director or employee of -
(a) a
company owned or controlled by the government; or
(b) any
public authority.
(2) a
retired public servant shall not receive any other remuneration from public funds in
addition to his pension and the emolument of such one remunerative position.
5. (1) Retired public officers who have held offices to which this paragraph applies
are prohibited from service or employment in foreign companies or foreign enterprises.
(2) This
paragraph applies to the offices of President, Vice-President, Chief Justice of Nigeria,
Governor and Deputy governor of a State.
6. (1) A public officer shall not ask for or accept property or benefits of any kind
for himself or any other person on account of anything done or omitted to be done by him
in the discharge of his duties.
(2) for the
purposes of sub-paragraph (1) of this paragraph, the receipt by a public officer of any
gifts or benefits from commercial firms, business enterprises or persons who have
contracts with the government shall be presumed to have been received in contravention of
the said sub-paragraph unless the contrary is proved.
(3) A
public officer shall only accept personal gifts or benefits from relatives or personal
friends to such extent and on such occasions as are recognised by custom:
Provided that any gift or donation to a public officer on any public or
ceremonial occasion shall be treated as a gift to the appropriate institution represented
by the public officer, and accordingly, the mere acceptance or receipt of any such gift
shall not be treated as a contravention of this provision.
7. The President or Vice-President, Governor or Deputy Governor,
Minister of the Government of the Federation or Commissioner of the Government of a State,
or any other public officer who holds the office of a Permanent Secretary or head of any
public corporation, university, or other parastatal organisation shall not accept -
(a) a loan,
except from government or its agencies, a bank, building society, mortgage institution or
other financial institution recognised by law,; and
(b) any
benefit of whatever nature from any company, contractor, or businessman, or the nominee or
agent of such person:
Provided that the head of a public corporation or of a university or
other parastatal organisation may, subject to the rules and regulations of the body,
accept a loan from such body.
8. No persons shall offer a public officer any property, gift or
benefit of any kind as an inducement or bribe for the granting of any favour or the
discharge in his favour of the public officers duties.
9. A public officer shall not do or direct to be done, in abuse
of his office, any arbitrary act prejudicial to the rights of any other person knowing
that such act is unlawful or contrary to any government policy.
10. A public officer shall not be a member of, belong to, or
take part in any society the membership of which is incompatible with the functions or
dignity of his office.
11. (1) Subject to the provisions of this Constitution, every public officer shall
within three months after the coming into force of this Code of Conduct or immediately
after taking office and thereafter -
(a) at the
end of every four years; and
(b) at the
end of his term of office, submit to the Code of Conduct Bureau a written declaration of
all his properties, assets, and liabilities and those of his unmarried children under the
age of eighteen years.
(2) Any
statement in such declaration that is found to be false by any authority or person
authorised in that behalf to verify it shall be deemed to be a breach of this Code.
(3) Any
property or assets acquired by a public officer after any declaration required under this
Constitution and which is not fairly attributable to income, gift, or loan approved by
this Code shall be deemed to have been acquired in breach of this Code unless the contrary
is proved.
12. Any allegation that a public officer has committed a breach
of or has not complied with the provisions of this Code shall be made to the Code of
Conduct Bureau.
13. A public officer who does any act prohibited by this Code
through a nominee, trustee, or other agent shall be deemed ipso facto to have committed a
breach of this Code,
14. In its application to public officers -
(a) Members
of legislative houses shall be exempt from the provisions of paragraph 4 of this Code; and
(b) the
National Assembly may by law exempt any cadre of public officers from the provisions of
paragraphs 4 and 11 of this Code if it appears to it that their position in the public
service is below the rank which it considers appropriate for the application of those
provisions.
Code of Conduct Tribunal
15.
(1)
There shall be established a tribunal to be known as Code of Conduct Tribunal which shall
consist of a Chairman and two other persons.
(2) The
Chairman shall be a person who has held or is qualified to hold office as a Judge of a
Court of record in Nigeria and shall receive such remuneration as may be prescribed by
law.
(3) The
Chairman and members of the Code of Conduct Tribunal shall be appointed by the President
in accordance with the recommendation of the National Judicial Council.
(4) The
National Assembly may by law confer on the Code of Conduct Tribunal such additional powers
as may appear to it to necessary to enable it more effectively to discharge the functions
conferred on it in this Schedule.
16. (1) The tenure of office of the staff of the Code of Conduct Tribunal shall, subject
to the provisions of this Code, be the same as that provided for in respect of officers in
the civil service of the Federation.
(2) The
power to appoint the staff of the Code of Conduct Tribunal and to exercise disciplinary
control over them shall vest in the members of the Code of Conduct Tribunal and shall be
exercisable in accordance with the provisions of an Act of the National Assembly enacted
in that behalf.
17. (1) Subject to the provisions of this paragraph, a person holding the office of
Chairman or member of the Code of Conduct Tribunal shall vacate his office when he attains
the age of seventy years.
(2) A
person who has held office as Chairman or member of the Code of Conduct Tribunal for a
period of not less than ten years shall, if he retires at the age of seventy years, be
entitled to pension for life at a rate equivalent to his last annual salary in addition to
other retirement benefits to which he may be entitled.
(3) A
person holding the office of Chairman or member of the Code of Conduct Tribunal shall not
be removed from his office or appointment by the President except upon an address
supported by two-thirds majority of each House of the National Assembly praying that he be
so removed for inability to discharge the functions of the office in question (whether
arising from infirmity of mind or body) or for misconduct or for contravention of this
Code.
(4) A
person holding the office of Chairman or member of the Code of Conduct Tribunal shall not
be removed from office before retiring age save in accordance with the provisions of this
Code.
18. (1) Where the Code of Conduct Tribunal finds a public officer guilty of
contravention of any of the provisions of this Code it shall impose upon that officer any
of the punishments specified under sub-paragraph (2) of this paragraph and such other
punishment as may be prescribed by the National Assembly.
(2) The
punishment which the Code of Conduct Tribunal may impose shall include any of the
following -
(a)
vacation of office or seat in any legislative house, as the case may be;
(b)
disqualification from membership of a legislative house and from the holding of any public
office for a period not exceeding ten years; and
(c) seizure
and forfeiture to the State of any property acquired in abuse or corruption of office.
(3) The
sanctions mentioned in sub-paragraph (2) hereof shall be without prejudice to the
penalties that may be imposed by any law where the conduct is also a criminal offence.
(4) Where
the Code of Conduct Tribunal gives a decision as to whether or not a person is guilty of a
contravention of any of the provisions of this Code, an appeal shall lie as of right from
such decision or from any punishment imposed on such person to the Court of Appeal at the
instance of any party to the proceedings.
(5) Any
right of appeal to the Court of Appeal from the decisions of the Code of Conduct Tribunal
conferred by sub-paragraph (4) hereof shall be exercised in accordance with the provisions
of an Act of the National Assembly and rules of court for the time being in force
regulating the powers, practice and procedure of the Court of Appeal.
(6) Nothing
in this paragraph shall prejudice the prosecution of a public officer punished under this
paragraph or preclude such officer from being prosecuted or punished for an offence in a
court of law.
(7) The
provisions of this Constitution relating to prerogative of mercy shall not apply to any
punishment imposed in accordance with the provisions of this paragraph.
Interpretation
19. In this Code, unless the context otherwise requires
-"assets" includes any property, movable and immovable and incomes owned by a
person;
"business" means any profession, vocation, trade, or any
adventure or concern in the nature of trade and excludes farming;
"child" includes a step-child, a lawfully adopted child, a
child born out of wedlock and any child to whom any individual stands in place of a
parent;
"emolument" means any salary, wage, over-time or leave pay,
commission, fee, bonus, gratuity, benefit, advantage (whether or not that advantage is
capable of being turned into money or money's worth), allowance, pension or annuity paid,
given or granted in respect of any employment or office;
"foreign companies" or "foreign enterprises" means
companies or enterprises in which the Government, its agencies or citizens of Nigeria or
whose policies are determined by persons or organisations outside Nigeria;
"liabilities" includes responsibilities according to law to
satisfy a debt, duty or obligation quantifiable in monetary value, instant and contingent;
"misconduct" means breach of the Oath of Allegiance or oath
of office of a member or breach of the provisions of this Constitution or a misconduct of
such nature as amounts to bribery or corruption or false declaration of assets and
liabilities;
"public office" means a person holding any of the offices
specified in Part II of this Schedule; and
"public office" shall not include the chairmanship or
membership of ad hoc tribunals, commissions or committees
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Part II
Public Officers for the purposes of
the Code of conduct
1. The President of the Federation.
2. The Vice-President of the Federation.
3. The President and Deputy President of the Senate Speakers and
Deputy Speaker of the House of Representatives and Speakers and Deputy Speakers of Houses
of Assembly of States, and all members and staff of legislative houses.
4. Governors and Deputy Governors of States.
5. Chief Justice of Nigeria, Justices of the Supreme Court,
President and Justices of the Court of Appeal, all other judicial officers and all staff
of courts of law.
6. Attorney-General of the Federation and Attorney-General of
each State.
7. Ministers of the Government of the Federation and
Commissioners of the Governments of the States.
8. Chief of Defence Staff, Chief of Army Staff, Chief of Naval
Staff, Chief of Air Staff and all members of the armed forces of the Federation.
9. Inspector-General of Police, Deputy Inspector-General of
Police and all members of the Nigeria Police Force and other government security agencies
established by law.
10. Secretary to the Government of the Federation, Head of the
Civil service, Permanent Secretaries, Directors-Generals and all other persons in the
civil service of the Federation or of the State.
11. Ambassadors, High Commissioners and other officers of
Nigeria Missions abroad.
12. Chairman, members and staff of the Code of Conduct Bureau
and Code of Conduct Tribunal.
13. Chairman, members and staff of local government councils.
14. Chairman and members of the Boards or other governing bodies
and staff of statutory corporations and of companies in which the Federal or State
Governments or local governments councils.
15. All staff of universities, colleges and institutions owned
and financed by the Federal or State Governments or local government councils.
16. Chairman, members and staff of permanent commissions or
councils appointed on full time basis.
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Sixth Schedule
Election Tribunals
A-National Assembly Election Tribunal
1. (1) A National Assembly Election Tribunal shall consist of a Chairman and four other
members.
(2) The
Chairman shall be a Judge of a High Court and the four other members shall be appointed
from among Judges of a High Court, Kadis of a Sharia Court of Appeal, Judges of a
Customary Court of Appeal or other members of the judiciary not below the rank of a Chief
Magistrate.
(3) The
Chairman and other members shall be appointed by the President of the Court of Appeal in
consultation with the Judge of the State, the Grand Kadi of the Sharia Court of Appeal of
the State or the President of the Customary Court of Appeal of the State, as the case may
be.
B - Governorship and Legislative
House Election Tribunal
2. (1) A Governorship and Legislative Houses Election Tribunal shall consist of a
Chairman and four other members.
(2) The
Chairman shall be a Judge of a High Court and the four other members shall be appointed
from among Judges of a High Court, Kadis of a Sharia Court of Appeal, Judges of a
Customary Court of Appeal or members of the judiciary not below the rank of a Chief
Magistrate.
(3) The
Chairman and other members shall be appointed by the President of the Court of Appeal in
consultation with the Chief Judge of the State, the Grand Kadi of the Sharia Court of
Appeal of the State or the President of the Customary Court of Appeal of the State, as the
case may be.
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Seventh Schedule
Oaths
Oaths of Allegiance
1,
. Do solemnly swear/affirm that I will be faithful
and bear true allegiance to the Federal Republic of Nigeria and that I will preserve,
protect and defend the Constitution of the Federal Republic of Nigeria
So help me God
Oath of Office of President
I, .............. do solemnly swear/affirm that I will be faithful and
bear true allegiance to the Federal Republic of Nigeria; that as President of the Federal
Republic of Nigeria, I will discharge my duties to the best of my ability, faithfully and
in accordance with the Constitution of the Federal Republic of Nigeria and the law, and
always in the interest of the sovereignty, integrity, solidarity, well-being and
prosperity of the Federal Republic of Nigeria; that I will strive to preserve the
Fundamental Objectives and Directive Principles of State Policy contained in the
Constitution of the Federal Republic of Nigeria; that I will not allow my personal
interest to influence my official conduct or my official decisions; that I will to the
best of my ability preserve, protect and defend the Constitution of the Federal Republic
of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to
the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do
right to all manner of people, according to law, without fear or favour, affection or
ill-will; that I will not directly or indirectly communication or reveal to any person any
matter which shall be brought under my consideration or shall become known to me as
President of the Federal Republic of Nigeria, except as may be required for the due
discharge of my duties as President; and that I will devote myself to the service and
well-being of the people of Nigeria. So help me God.
Oath of Office of Governor of a State
I, ......... do solemnly swear/affirm that I will be faithful and bear
true allegiance to the Federal Republic of Nigeria; that as the Governor of .........
State, I will discharge my duties to the best of my ability, faithfully and in accordance
with the Constitution of the Federal Republic of Nigeria and the law, and always in the
interest of the sovereignty, integrity, solidarity, well-being and prosperity of the
Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and
Directive Principles of State Policy contained in the Constitution of the Federal Republic
of Nigeria; that I will exercise the authority vested in me as Governor so as not to
impede or prejudice the authority lawfully vested in the President of the Federal Republic
of Nigeria and so as not to endanger the continuance of Federal Government in Nigeria;
that I will not allow my personal interest to influence my official conduct or my official
decisions; that I will to the to the best of my ability preserve, protect and defend the
Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct
contained in the Fifty Schedule to the Constitution of the Federal Republic of Nigeria;
that in all circumstances, I will do right to all manner of people, according to law,
without fear or favour, affection or ill-will; that I will not directly or indirectly
communicate or reveal to any person any matter which shall be brought under my
consideration or shall become known to me as Governor of ......... State, except as may be
required for the due discharge of my duties as Governor; and that I will devote myself to
the service and well-being of the people of Nigeria.
So help me God.
Oath of Office of Vice-President, Deputy Governor, Minister,
Commissioner or Special Adviser
I, .......... do solemnly swear/affirm that I will be faithful and bear
true allegiance to the Federal Republic of Nigeria; that as Vice-President of the Federal
Republic of Nigeria/Deputy Governor of ....... State/Minister of the Government of the
Federation/Commissioner of the Government ........ State/Special Adviser to ........, I
will discharge my duties to the best of my ability, faithfully and in accordance with the
Constitution of the Federal Republic of Nigeria and the law, and always in the interest of
the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic
of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive
Principles of State Policy contained in the Constitution of the Federal Republic of
Nigeria; that I will not allow my personal interest to influence my official conduct or my
official decisions, that I will to the best of my ability preserve, protect and defend the
Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct
contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria;
that in all circumstances, I will do right to all manner of people, according to law,
without fear or favour, affection or ill-will; that I will not directly or indirectly
communicate or reveal to any person any matter which shall be brought under my
consideration or shall become known to me as Vice-President of the Federal Republic of
Nigeria/Deputy Governor of ..... State/Minister of the Government of the
Federation/Commissioner of ...... State/Special Adviser to ......... except as may be
required for the due discharge of my duties as Vice President/Deputy Governor of .......
State/Minister/Commissioner/Special Adviser.
So help me God.
Oath of a Member of the National Assembly or of a House of Assembly
I, ..... do solemnly swear/affirm that I will be faithful and bear true
allegiance to the Federal Republic of Nigeria; that as a Member of the Senate/House of
Representatives/ ..... House of Assembly, I will perform my functions honestly to the best
of my ability, faithfully and in accordance with the Constitution of the Federal Republic
of Nigeria and the law, and the rules of the Senate/House of Representatives/ ...... House
of Assembly and always in the interest of the sovereignty, integrity, solidarity,
well-being and prosperity of the Federal Republic of Nigeria; that I will strive to
preserve the Fundamental Objectives and Directive Principles of State Policy contained in
the Constitution of the Federal Republic of Nigeria; and that I will preserve, protect and
defend the Constitution of the Federal Republic of Nigeria; and that I will abide by the
Code of Conduct contained in the Fifth Schedule of the Constitution of the Federal
Republic of Nigeria.
So help me God.
Judicial Oath
I,
...... do solemnly swear/affirm that I will be faithful and bear true allegiance to the
Federal Republic of Nigeria; that as Chief Justice of Nigeria/Justice of the Supreme
Court/President/Justice of the Court of Appeal/Chief Judge/Judge of the Federal High
Corut/Chief Judge/Judge of the High Court of the Federal Capital Territory, Abuja/Chief
Judge of ...... State/Judge of the High Court of ...... State/Grand Kadi/Kadi of the
Sharia Court of Appeal of the Federal Capital Territory, Abuja/ Grand Kadi/Kadi of the
Sharia Court of Appeal of .... State/President/Judge of the Customary Court of Appeal of
the Federal Capital Territory, Abuja/President/Judge of the Customary Court of Appeal of
......... State. I will discharge my duties, and perform my functions honestly, to the
best of my ability and faithfully in accordance with the Constitution of the Federal
Republic of Nigeria and the law, that I will abide by the Code of Conduct contained in the
Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that I will not
allow my personal interest to influence my official conduct or my official decisions; that
I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria
So help
me God
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