Constitution of the Federal Republic of Nigeria

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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

Supremacy of constitution.

The Federal Republic of Nigeria.

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

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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