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:-
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.
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 alteration 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-thirds 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 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.
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 throughout 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 wildlife 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.
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.
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 be held in slavery or servitude; and
(c) no person shall be required to perform forced or 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 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.
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
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.
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 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 the 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 charged 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 the 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.
Part II
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.
The Executive
Part I
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 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 anyone
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 ceased, 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 the 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) coordinating 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.
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.
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 Mobilization 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.
Part II
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.
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.
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 an 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.
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.
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 and 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 this Constitution; 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 the National 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.
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 unincorporated 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.
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.
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.
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.
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.
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.
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.
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.
Part III
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.
Part IV
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.
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.
Part II
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.
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.
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;
"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 Teacher’s 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.
First Schedule
Part 1
|
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, Jama’are, 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, Mai’Adua, 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, Qua’an 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 |
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" 20’E 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 Council |
Headquarters |
|
Abaji |
Abaji |
|
Abuja Municipal |
Garki |
|
Bwari |
Bwari |
|
Gwagwalada |
Gwagwalada |
|
Kuje |
Kuje |
|
Kwali |
Kwali |
Second Schedule
Legislative Powers
Part I
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.
Part II
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.
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.
Third Schedule
Part I
(Established by Section 153)
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.
4. 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.
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.
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.
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.
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.
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.
20. The National Judicial Council shall comprise the following
members -