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Constitution of the Federal Republic of Nigeria - 1999

Posted by Nigerian Government Website on 2005/08/24 | Views: 4800 |

Constitution of the Federal Republic of Nigeria - 1999


We the people of the Federal Republic of Nigeria, having firmly and solemnly resolved, 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: -


Arrangement of sections


Chapter I


General Provisions


Part I


Federal Republic of Nigeria


1. Supremacy of constitution


2. The Federal Republic of Nigeria.


3.States of the Federation and the Federal Capital Territory, Abuja.


Part II


Powers of the Federal Republic of Nigeria


4. Legislative powers.


5. Executive powers.


6. Judicial powers


7. Local government system.


8. New states and boundary adjustment, etc.


9. Mode of altering provisions of the constitution.


10. Prohibition of State Religion.


11. Public order and public security.


12. Implementation of treaties.


Chapter II


Fundamental Objectives and directive Principles of State Policy


13. Fundamental obligations of the Government.


14. The Government and the people


15. Political objectives.


16. Economic objectives.


17. Social objectives.



18. Educational objectives.


19. Foreign policy objectives.


20. Environmental objectives


21. Directive on Nigeria cultures


22. Obligation of the mass media


23. National ethics.


24. Duties of the citizen.


Chapter III


Citizenship


25. Citizenship by birth.


26. Citizenship by registration.


27. Citizenship by naturalisation.


28. Dual citizenship.


29. Renunciation of citizenship.


30. Deprivation of citizenship.


31. Persons deemed to be Nigerian citizens.


32. Power to make regulations.


Chapter IV


Fundamental Rights


33. Right to life.


34. Right to dignity of human persons.


35. Right to personal liberty.


36. Right to fair hearing.


37. Right to private and family life.


38. Right to freedom of thought, conscience and religion


39. Right to freedom of expression and the press.


40. Right to peaceful assembly and association.


41. Right to freedom of movement.


42. Right to freedom from discrimination


43. Right to acquire and own immovable property.


44. Compulsory acquisition of property.


45. Restriction on and derogation from fundamental human rights.


46. Special jurisdiction of High Court and Legal aid.



Chapter V


The Legislature


Part I


National Assembly


A-Composition and Staff of National Assembly


47. Establishment of National Assembly.


48. Composition of the Senate


49. Composition of the House of Representatives.


50. President of the senate and speaker of the House of Representatives.


51. Staff of the National Assembly.


B-Procedure for Summoning and Dissolution of National Assembly


52. Declaration of assets and liabilities ;oath of members.


53. Presiding at sitting of the National Assembly and at joint sittings.


54.Quorum.


55. Languages.


56. Voting.


57. Unqualified person sitting or voting.


58. Mode of exercising Federal Legislative power: general


59. Mode of exercising Federal Legislative power: money bills.


60. Regulation of procedure


61. Vacancy or participation of strangers not to invalidate proceedings


62. Committees


63. Sittings


64. Dissolution and issue of proclamations by president.


C - Qualifications for Membership of National Assembly and Right of Attendance


65. Qualifications for election


66. Disqualifications


67. Right of attendance of President


68. Tenure of Seat of Members


69. Recall


70. Remuneration



D - Elections to National Assembly


71. Senatorial districts and Federal constituencies


72. Size of Senatorial districts and Federal constituencies.


73. Periodical review of Senatorial districts and Federal constituencies


74. Time when alteration of senatorial districts or Federal constituencies takes effects.


75. Ascertainment of population


76. Time of Election to the National Assembly


77. Direct Election and franchise


78. Supervision of election


79. Power of the National Assembly as to determination of certain questions.


E - Powers and Control over Public Funds


80. Establishment of Consolidated Revenue Fund


81. Authorisation of expenditure from Consolidated Revenue Fund


82. Authorisation of expenditure in default appropriations


83. Contingencies Fund


84. Remuneration, etc. of the President and certain other officers


85. Audit of Public accounts


86. Appointment of Auditor-Genera


87. Tenure of office of Auditor-General


88. Power to conduct investigations


89. Power as to matters of evidence


Part II


House of Assembly of a State


A - Composition and Staff of House of Assembly


90. Establishment of House of assembly for each State


91. Composition of the House of Assembly


92. Speaker of House of Assembly


93. Staff of house of Assembly


B - Procedure for Summoning and Dissolution of House of Assembly


94. Declaration of assets and liabilities; oaths of members


95. Presiding at sittings


96. Quorum



97. Languages


98. Voting


99. Unqualified person sitting or voting


100. Mode of exercising legislative power of a state


101. Regulation of procedure


102. Vacancy or participation of strangers not to invalidate proceedings.


103. Committees


104. Sittings


105. Dissolution and issue of proclamation by Governor


C - Qualification for Membership of House of Assembly and Right of Attendance


106. Qualifications for election


107. Disqualifications


108. Right of attendance of President


109. Tenure of Seat of Members


110. Recall


111. Remuneration


D - Elections to a House of Assembly


112. State constituencies


113. Size of state constituencies


114. Periodical review of State constituencies


115. Time when alteration of state constituencies takes effect


116. Time of elections to Houses of Assembly


117. Direct election and franchise


118. Supervision and election


119. Power of National Assembly as to determination of certain questions


E - Powers and control over Public Funds


120. Establishment of Consolidated Revenue Fund


121. Authorisation of expenditure from Consolidated Revenue fund


122. Authorisation of expenditure in default of appropriations.


123. Contingencies Fund


124. Remuneration, etc. of the governor and certain other officers


125. Audit of Public accounts


126. Appointment of Auditor-General


127. Tenure of office of Auditor-General


128. Power to conduct investigations


129. Power as to matters of evidence.



Chapter VI


The Executive


Part I


Federal Executive


A-The President of the Federation


130. Establishment of the office of President


131. Qualification for election as President


132. Election of the President: general


133. Election: single presidential candidate


134. Election: two or more presidential candidates


135. Tenure of office of President


136. Death, etc. of president-elect before oath of office.


137. Disqualifications.


138. President: disqualification from other jobs.


139. Determination of certain questions relating to election


140. Declaration of assets and liabilities; oaths of President.


141. Establishment of office of Vice-President


142. Nomination and election of Vice-President


143. Removal of President from office


144. Permanent incapacity of President or Vice-President.


145. Acting President during temporary absence of President


146. Discharge of functions of President


147. Ministers of federal Government


148. Executive Responsibilities of Ministers


149. Declaration of Assets and liabilities; oaths of Ministers.


150. Attorney-General of the Federation


151. Special Advisers.


152. Declaration of assets and Liabilities; oaths of Special Adviser.


B - Establishment of Certain Federal Executive Bodies


153. Federal Commissions and Councils, etc.


154. Appointment of Chairman and members



155. Tenure of office of members.


156. Qualification for membership.


157. Removal of members.


158. Independence of certain bodies


159. Quorum and decisions160Powers and Procedure.


161. Interpretation.


C - Public Revenue


162. Distributable pool account


163. Allocation of other revenues


164. Federal grants-in-aid of State revenue.


165. Cost of collection of certain duties


166. Set-off.


167. Sums charged on consolidated Revenue Fund.


168. Provisions with regard to payments


D - The Public Service of the Federation


169. Establishment of civil service of the Federation


170. Federal Civil Service Commission: power to delegate functions


171. Presidential appointments


172. Code of Conduct


173. Protection of pension rights.


174. Public persecutions


175. Prerogative of mercy.


Part II


State Executive


A - The Governor of a State


176. Establishment of office of Governor


177. Qualification for election as Governor


178. Election of Governor: general.


179. Election: single candidate and two or more candidates


180. Tenure of office of Governor


181. Death, etc. of Governor before oath of office.



182. Disqualifications


183. Governor: disqualification from other jobs.


184. Determination of certain questions relating to elections.


185. Declaration of assets and liabilities; oaths of office of Governor.


186. Establishment of the office of the Deputy Governor


187. Nomination and election of the Deputy Governor


188. Removal of Governor or Deputy Governor from office.


189. Permanent incapacity of Governor or Deputy Governor.


190. Acting governor during temporary absence of Governor.


191. Discharge of functions of Governor.


192. Commissioners of State Government.


193. Executive responsibilities of Deputy Governor and Commissioners.


194. Declaration of assets and liabilities; oaths of Commissioners


195. Attorney-General of a State


196. Special Advisers


B - Establishment of Certain State Executive Bodies


197. State Commissioners


198. Appointment of Chairman and members.


199. Tenure of office of the members.


200. Qualification for membership


201. Removal of members.


202. Independence of certain bodies.


203. Quorum and decisions.


204. Powers and procedure


205. Interpretation


C - The Public Service of State


206. Establishment of State Civil Service


207. State Civil Service Commission: Power of delegation


208. Appointments by Governor


209. Code of Conduct.


210. Protection of pension rights.


211. Public prosecutions


212. Prerogative of mercy



Part III


Supplemental


A - National Population Census


213. National Population census


B - Nigeria Police Force


214. Establishment of Nigeria Police Force.


215. Appointment of Inspector-General and control of Nigeria Police Force.


216. Delegation of powers to the Inspector-General of Police


C - Armed Forces of the Federation


217. Establishment and composition of the armed force of the Federation


218. Command and operational use


219. Establishment of body to ensure federal character of armed forces


220. Compulsory military service.


D - Political Parties


221. Prohibition of political activities by certain associations.


222. Restrictions on formation of political parties


223. Constitution and rules of political parties.


224. Aims and objectives


225. Finances of political parties.


226. Annual reports on finances


227. Prohibition of quasi-military organisations.


228. Powers of the national assembly with respect to political parties.


229. Interpretation.



Chapter VII


The Judicature


Part I


Federal Courts


A - The Supreme Court of Nigeria




  1. 230. Establishment of the Supreme Court of Nigeria



  2. 231. 231Appointment of Chief justices of Nigeria and justices of the Supreme Court


232. Original jurisdiction.


233. Appellate jurisdiction.


234. Constitution


235. Finality of determinations


236. Practice and procedure


B - The Court of Appeal


237. Establishment of Court of Appeal


238. Appointment of President and Justices of the Court of Appeal.


239. Original jurisdiction


240. Appellate jurisdiction


241. Appeals as of rights from the Federal high Court or a High Court.


242. Appeals with leave.


243. Exercise of the rights of appeal from the Federal High Court of a High


Court in civil and criminal matters.


244. Appeals from Sharia court of Appeal


245. Appeals from customary court of appeal.


246. Appeal from Code of Conduct Tribunal and other courts and tribunals


247. Constitution


248. Practice and procedure.


C - The Federal High Court


249. Establishment of the Federal High Court.


250. Appointment of Chief Judge and Judges of the federal high Court.


251. Jurisdiction


252. Powers


253. Constitution.


254. Practice and procedure



D - The High Court of the Federal Capital Territory, Abuja


255. Establishment of the High Court of the Federal Capital Territory, Abuja.


256. Appointment of Chief Judge and Judges of the High Court of the


Federal Capital Territory, Abuja.


257. Jurisdiction.


258. Constitution.


259. Practice and procedure


E - The Sharia Court of Appeal of the Federal Capital Territory, Abuja


260. Establishment of the Sharia Court of Appeal of the Federal Capital


Territory, Abuja.


261. Appointment of Grand Kadi and Kadis of the Sharia


Court of Appeal of the Federal Capital Territory, Abuja.


262. Jurisdiction.


263. Constitution.


264. Practice and Procedure


F - The Customary Court of appeal of the Federal Capital Territory, Abuja


265. Establishment of the Customary Court of Appeal of the Federal Capital


Territory, Abuja.


266. Appointment of President and Judges of Court of Appeal


of the Federal Capital Territory, Abuja.


267. Jurisdiction.


268. Constitution.


269. Practice and Procedure


Part II


State Courts


270. Establishment of a High Court for each State.


271. Appointment of Chief Judge and Judges of the High Court of a State.


272. Jurisdiction.



273. Constitution.


274. Practice and Procedure


B - Sharia Court of Appeal of a State


275. Establishment of Sharia Court of Appeal.


276. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State.


277. Jurisdiction.


278. Constitution.


279. Practice and Procedure


C - Customary Court of Appeal of a State


280. Establishment of a Customary Court of Appeal.


281. Appointment of President and Judges of the Customary Court of Appeal of a


State.


282. Jurisdiction.


283. Constitution.


284. Practice and Procedure


Part III


Election Tribunals


285. Establishment and jurisdiction of election tribunals.


Part IV


Supplemental


286. Jurisdiction of state courts in respect of federal causes


287. Enforcement of decisions.


288. Appointment of persons leaned in Islamic personal law and


Customary law


289. Disqualification of certain legal practitioners.


290. Declaration of assets and liabilities: oaths of judicial officers.


291.Tenure of office and pension rights of judicial officers.


292. Removal of other judicial officers from office.


293. Vacancies


294. Determination of causes and matters



295. Reference of questions of law.


296. Interpretation


Chapter VIII


Federal Capital Territory, Abuja and General Supplementary Provisions


Part I


Federal Capital Territory, Abuja


297. Federal Capital territory, Abuja: ownership of lands.


298. Capital of the federation


299. Application of Constitution.


300. Representation in the National Assembly


301. Adaptation of certain references.


302. Minister of Federal Capital territory, Abuja.


303. Administration of the Federal Capital territory, Abuja.


304. Establishment of the Judicial Service Committee of the Federal Capital territory, Abuja


Part II


Miscellaneous Provisions


305. Procedure for proclamation of state of emergency


306. Resignations.


307. Restriction on certain citizens


308. Restrictions on legal proceedings.


Part III


Transitional Provisions and Savings


309. Citizenship


310. Staff of legislative houses.


311. Standing Orders


312. Special provisions in respect of first election.


313. System of revenue allocation.


314. Debts.



315. Existing law.


316. Existing offices, courts and authorities.


317. Succession to property, rights, liabilities and obligations.


Part IV


Interpretation, Citation and Commencement


318. Interpretation.


319. Citation.


320. Commencement.


Schedules


First Schedule


Part I


States of the Federation


Part II


Definition and Area Councils of Federal Capital Territory, Abuja


Second Schedule


Part I


Exclusive Legislative List


Part II


Concurrent Legislative List


Part III


Supplemental and Interpretation


Third Schedule



Part I


Federal Executive Bodies


Code of Conduct Bureau


Council of State


Federal Character Commission


Federal Civil Service Commission


Federal Judicial Service Commission


Independent National Electoral Commission


National Defence Council


National Economic Council


National Judicial Council


National Population Commission


National Security Council


Nigeria Police Council


Police Service Commission


Revenue Mobilisation Allocation and Fiscal Commission.


Part II


State Executive Bodies


State Civil Service Commission


State Independent Electoral Commission


State Judicial Service Commission.



Part III


Federal Capital Territory, Abuja Executive Body


Judicial Service Committee of the Federal Capital Territory, Abuja


Fourth Schedule


Functions of a Local Council


Fifth Schedule


Part I


Code of Conduct for Public officers


General


Code of Conduct Tribunal


Interpretation


Part II


Public Officers for the Purposes of the Code of Conduct


Sixth Schedule


Election Tribunal


National Assembly Election Tribunal


Governorship and Legislative Houses Election tribunal



Seventh Schedule


Oaths


Oaths of Allegiance


Oath of Office of President


Oath of Office of Governor of a State


Oath of Office of Vice-President, Deputy Governor, Minister, Commissioner or


Special Adviser


Oath of a Member of the National Assembly or of a House of Assembly


Judicial Oath


Constitution of the Federal Republic of Nigeria 1999


We the people of the Federal Republic of Nigeria, having firmly and solemnly resolved, to live in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding and to provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people, do hereby make, enact and give to ourselves the following Constitution: -


Back to Page One


Chapter I


General Provisions


Part I


Federal Republic of Nigeria


1. (1) This Constitution is supreme and its provisions shall have binding


force on the authorities and persons throughout the Federal Republic of


Nigeria.


(2) The Federal Republic of Nigeria shall not be governed, nor shall any


persons or group of persons take control of the Government of Nigeria or


any part thereof, except in accordance with the provisions of this


Constitution.


(3) If any other law is inconsistent with the provisions of this


Constitution, this Constitution shall prevail, and that other law shall,



to the extent of the inconsistency, be void.


2. (1) Nigeria is one indivisible and indissoluble sovereign state to be


known by the name of the Federal Republic of Nigeria.


(2) Nigeria shall be a Federation consisting of States and a Federal


Capital Territory.


3. (1) There shall be 36 states in Nigeria, that is to say, Abia, Adamawa,


Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta,


Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi,


Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers,


Sokoto, Taraba, Yobe and Zamfara.


(2) Each state of Nigeria, named in the first column of Part I of the


First Schedule to this Constitution, shall consist of the area shown


opposite thereto in the second column of that Schedule.


(3) The headquarters of the Governor of each State shall be known as the


Capital City of that State as shown in the third column of the said Part I


of the First Schedule opposite the State named in the first column thereof.


(4) The Federal Capital Territory, Abuja, shall be as defined in Part II


of the First Scheduled to this Constitution.


(5) The provisions of this Constitution in Part I of Chapter VIII hereof


shall in relation to the Federal Capital Territory, Abuja, have effect in


the manner set out there under.


(6) There shall be 768 Local Government Areas in Nigeria as shown in the


second column of Part I of the First Schedule to this Constitution and six


area councils as shown in Part II of that Schedule.


Back to Page One


Part II


Powers of the Federal Republic of Nigeria


4. (1) The legislative powers of the Federal Republic of Nigeria shall be


vested in a National Assembly for the Federation, which shall consist of a


Senate and a House of Representatives.



(2) The National Assembly shall have power to make laws for the peace,


order and good government of the Federation or any part thereof with


respect to any matter included in the Exclusive Legislative List set out


in Part I of the Second Schedule to this Constitution.


(3) The power of the National Assembly to make laws for the peace, order


and good government of the Federation with respect to any matter included


in the Exclusive Legislative List shall, save as otherwise provided in


this Constitution, be to the exclusion of the Houses of Assembly of


States.


(4) In addition and without prejudice to the powers conferred by


subsection (2) of this section, the National Assembly shall have power to


make laws with respect to the following matters, that is to say:-


(a) any matter in the Concurrent Legislative List set out in the first


column of Part II of the Second Schedule to this Constitution to the


extent prescribed in the second column opposite thereto; and


(b) any other matter with respect to which it is empowered to make


laws in accordance with the provisions of this Constitution.


(5) If any Law enacted by the House of Assembly of a State is inconsistent


with any law validly made by the National Assembly, the law made by the


National Assembly shall prevail, and that other Law shall, to the extent


of the inconsistency, be void.


(6) The legislative powers of a State of the Federation shall be vested in


the House of Assembly of the State.


(7) The House of Assembly of a State shall have power to make laws for the


peace, order and good government of the State or any part thereof with


respect to the following matters, that is to say:-


(a) any matter not included in the Exclusive Legislative List set out


in Part I of the Second Schedule to this Constitution.


(b) any matter included in the Concurrent Legislative List set out in


the first column of Part II of the Second Schedule to this


Constitution to the extent prescribed in the second column opposite


thereto; and


(c) any other matter with respect to which it is empowered to make


laws in accordance with the provisions of this Constitution.


(8) Save as otherwise provided by this Constitution, the exercise of


legislative powers by the National Assembly or by a House of Assembly


shall be subject to the jurisdiction of courts of law and of judicial


tribunals established by law, and accordingly, the National Assembly or a


House of Assembly shall not enact any law, that ousts or purports to oust


the jurisdiction of a court of law or of a judicial tribunal established



by law.


(9) Notwithstanding the foregoing provisions of this section, the National


Assembly or a House of Assembly shall not, in relation to any criminal


offence whatsoever, have power to make any law which shall have


retrospective effect.


5. (1) Subject to the provisions of this Constitution, the executive powers


of the Federation:


(a) shall be vested in the President and may subject as aforesaid and


to the provisions of any law made by the National Assembly, be


exercised by him either directly or through the Vice-President and


Ministers of the Government of the Federation or officers in the


public service of the Federation; and


(b) shall extend to the execution and maintenance of this


Constitution, all laws made by the National Assembly and to all


matters with respect to which the National Assembly has, for the time


being, power to make laws.


(2) Subject to the provisions of this Constitution, the executive powers


of a State:


(a) shall be vested in the Governor of that State and may, subject as


aforesaid and to the provisions of any Law made by a House of


Assembly, be exercised by him either directly or through the Deputy


Governor and Commissioners of the Government of that State or officers


in the public service of the State; and


(b) shall extend to the execution and maintenance of this


Constitution, all laws made by the House of Assembly of the State and


to all matters with respect to which the House of Assembly has for the


time being power to make laws.


(3) The executive powers vested in a State under subsection (2) of this


section shall be so exercised as not to:-


(a) impede or prejudice the exercise of the executive powers of the


Federation;


(b) endanger any asset or investment of the Government of the


Federation in that State; or


(c) endanger the continuance of a Federal Government in Nigeria.


(4) Notwithstanding the foregoing provisions of this section:-


(a) the President shall not declare a state of war between the


Federation and another country except with the sanction of a


resolution of both Houses of the National Assembly, sitting in a joint


session; and


(b) except with the prior approval of the Senate, no member of the


armed forces of the Federation shall be deployed on combat duty


outside Nigeria.


(5) Notwithstanding the provisions of subsection (4) of this section, the


President, in consultation with the National Defence Council, may deploy


members of the armed forces of the Federation on a limited combat duty



outside Nigeria if he is satisfied that the national security is under


imminent threat or danger:


Provided that the President shall, within seven days of actual combat


engagement, seek the consent of the Senate and the Senate shall thereafter


give or refuse the said consent within 14 days.


(6)ade. (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 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 persons;


(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 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 persons who is


entitled to vote or be voted for at an election to House of Assembly shall


have the right to vote or be voted for at an election to a local


government council.


(5) The functions to be conferred by Law upon local government council


shall include those set out in the Fourth Schedule to this Constitution.


(6) Subject to the provisions of this Constitution -


(a) the National Assembly shall make provisions for statutory


allocation of public revenue to local government councils in the


Federation; and


(b) the House of Assembly of a State shall make provisions for


statutory allocation of public revenue to local government councils


within the State.


8. (1) An Act of the National Assembly for the purpose of creating a new


State shall only be passed if-



(a) a request, supported by at least two-thirds majority of members


(representing the area demanding the creation of the new State) in


each of the following, namely -


(i) the Senate and the House of Representatives,


(ii) the House of Assembly in respect of the area, and


(iii) the local government councils in respect of the area,


is received by the National Assembly;


(b) a proposal for the creation of the State is thereafter approved in


a referendum by at least two-thirds majority of the people of the area


where the demand for creation of the State originated;


(c) the result of the referendum is then approved by a simple majority


of all the States of the Federation supported by a simple majority of


members of the Houses of Assembly; and


(d) the proposal is approved by a resolution passed by two-thirds


majority of members of each House of the National Assembly.


(2) An Act of the National Assembly for the purpose of boundary adjustment


of any existing State shall only be passed if-


(a) a request for the boundary adjustment, supported by two-thirds


majority of members (representing the area demanding and the area


affected by the boundary adjustment) in each of the following, namely-


(i) the Senate and the House of Representatives,


(ii) the House of Assembly in respect of the area, and


(iii) the local government councils in respect of the area.


is received by the National Assembly; and


(b) a proposal for the boundary adjustment is approved by -


(i) a simple majority of members of each House of the National


Assembly, and


(ii) a simple majority of members of the House of Assembly in


respect of the area concerned.


(3) A bill for a Law of a House of Assembly for the purpose of creating a


new local government area shall only be passed if -


(a) a request supported by at least two-thirds majority of members


(representing the area demanding the creation of the new local


government area) in each of the following, namely -


(i) the House of Assembly in respect of the area, and


(ii) the local government councils in respect of the area,


is received by the House of Assembly;


(b) a proposal for the creation of the local government area is


thereafter approved in a referendum by at least two-thirds majority of


the people of the local government area where the demand for the


proposed local government area originated;


(c) the result of the referendum is then approved by a simple majority


of the members in each local government council in a majority of all


the local government councils in the State; and


(d) the result of the referendum is approved by a resolution passed by



two-thirds majority of members of the House of Assembly.


(4) A bill for a Law of House of Assembly for the purpose of boundary


adjustment of any existing local government area shall only be passed if-


(a) a request for the boundary adjustment is supported by two-thirds


majority of members (representing the area demanding and the area


affected by the boundary adjustment) in each of the following, namely


-


(i) the House of Assembly in respect of the area, and


(ii) the local government council in respect of the area,


is received by the House of Assembly; and


(b) a proposal for the boundary adjustment is approved by a simple


majority of members of the House of Assembly in respect of the area


concerned.


(5) An Act of the National Assembly passed in accordance with this section


shall make consequential provisions with respect to the names and


headquarters of State or Local government areas as provided in section 3


of this Constitution and in Parts I and II of the First Schedule to this


Constitution.


(6) For the purpose of enabling the National Assembly to exercise the


powers conferred upon it by subsection (5) of this section, each House of


Assembly shall, after the creation of more local government areas pursuant


to subsection (3) of this section, make adequate returns to each House of


the National Assembly


9. (1) The National Assembly may, subject to the provision of this section,


alter any of the provisions of this Constitution.


(2) An Act of the National Assembly for the altertion of this


Constitution, not being an Act to which section 8 of this Constitution


applies, shall not be passed in either House of the National Assembly


unless the proposal is supported by the votes of not less than two-thirds


majority of all the members of that House and approved by resolution of


the Houses of Assembly of not less than two-thirds of all the States.


(3) An Act of the National Assembly for the purpose of altering the


provisions of this section, section 8 or Chapter IV of this Constitution


shall not be passed by either House of the National Assembly unless the


proposal is approved by the votes of not less than four-fifths majority of


all the members of each House, and also approved by resolution of the


House of Assembly of not less than two-third of all States.


(4) For the purposes of section 8 of this Constitution and of subsections


(2) and (3) of this section, the number of members of each House of the


National Assembly shall, notwithstanding any vacancy, be deemed to be the


number of members specified in sections 48 and 49 of this Constitution.


10. The Government of the Federation or of a State shall not adopt any


religion as State Religion.


11. (1) The National Assembly may make laws for the Federation or any part


therefore with respect to the maintenance and securing of public safety and


public order and providing, maintaining and securing of such supplies and



service as may be designed by the National Assembly as essential supplies


and services.


(2) Nothing in this section shall preclude a House of Assembly from making


laws with respect to the matter referred to in this section, including the


provision for maintenance and securing of such supplies and services as


may be designated by the National Assembly as essential supplies and


services.


(3) During any period when the Federation is at war the National Assembly


may make such laws for the peace, order and good government of the


Federation or any part therefore with respect to matters not included in


the Exclusive Legislative List as may appear to it to be necessary or


expedient for the defence of the Federation.


(4) At any time when any House of Assembly of a State is unable to perform


its functions by reason of the situation prevailing in that State, the


National Assembly may make such laws for the peace, order and good


government of that State with respect to matters on which a House of


Assembly may make laws as may appear to the National Assembly to be


necessary or expedient until such time as the House of Assembly is able to


resume its functions; and any such laws enacted by the National Assembly


pursuant to this section shall have effect as if they were laws enacted by


the House of Assembly of the State:


Provided that nothing in this section shall be construed as conferring on


the National Assembly power to remove the Governor or the Deputy Governor


of the State from office.


(5) For the purposes of subsection (4) of this section, a House of


Assembly shall not be deemed to be unable to perform its functions so long


as the House of Assembly can hold a meeting and transact business.


12. (1) No treaty between the Federation and any other country shall have


the force of law to the extent to which any such treaty has been enacted


into law by the National Assembly.


(2) The National Assembly may make laws for the Federation or any part


thereof with respect to matters not included in the he Exclusive


Legislative List for the purpose of implementing a treaty.


(3) A bill for an Act of the National Assembly passed pursuant to the


provisions of subsection (2) of this section shall not be presented to the


President for assent, and shall not be enacted unless it is ratified by a


majority of all the House of Assembly in the Federation.


Back to Page One


Chapter II


Fundamental Objectives and Directive Principles of State Policy


13. It shall be the duty and responsibility of all organs of government, and



of all authorities and persons, exercising legislative, executive or


judicial powers, to conform to, observe and apply the provisions of this


Chapter of this Constitution.


14. (1) The Federal Republic of Nigeria shall be a State based on the


principles of democracy and social justice.


(2) It is hereby, accordingly, declared that:


(a) sovereignty belongs to the people of Nigeria from whom government


through this Constitution derives all its powers and authority;


(b) the security and welfare of the people shall be the primary


purpose of government: and


(c) the participation by the people in their government shall be


ensured in accordance with the provisions of this Constitution.


(3) The composition of the Government of the Federation or any of its


agencies and the conduct of its affairs shall be carried out in such a


manner as to reflect the federal character of Nigeria and the need to


promote national unity, and also to command national loyalty, thereby


ensuring that there shall be no predominance of persons from a few State


or from a few ethnic or other sectional groups in that Government or in


any of its agencies.


(4) The composition of the Government of a State, a local government


council, or any of the agencies of such Government or council, and the


conduct of the affairs of the Government or council or such agencies shall


be carried out in such manner as to recognise the diversity of the people


within its area of authority and the need to promote a sense of belonging


and loyalty among all the people of the Federation.


15. (1) The motto of the Federal Republic of Nigeria shall be Unity and


Faith, Peace and Progress.


(2) Accordingly, national integration shall be actively encouraged, whilst


discrimination on the grounds of place of origin, sex, religion, status,


ethnic or linguistic association or ties shall be prohibited.


(3) For the purpose of promoting national integration, it shall be the


duty of the State to:


(a) provide adequate facilities for and encourage free mobility of


people, goods and services throughtout the Federation.


(b) secure full residence rights for every citizen in all parts of the


Federation.


(c) encourage inter-marriage among persons from different places of


origin, or of different religious, ethnic or linguistic association or


ties; and


(d) promote or encourage the formation of associations that cut across


ethnic, linguistic, religious and or other sectional barriers.


(4) The State shall foster a feeling of belonging and of involvement among


the various people of the Federation, to the end that loyalty to the


nation shall override sectional loyalties.


(5) The State shall abolish all corrupt practices and abuse of power.


16. (1) The State shall, within the context of the ideals and objectives for



which provisions are made in this Constitution.


(a) harness the resources of the nation and promote national


prosperity and an efficient, a dynamic and self-reliant economy;


(b) control the national economy in such manner as to secure the


maximum welfare, freedom and happiness of every citizen on the basis


of social justice and equality of status and opportunity;


(c) without prejudice to its right to operate or participate in areas


of the economy, other than the major sectors of the economy, manage


and operate the major sectors of the economy;


(d) without prejudice to the right of any person to participate in


areas of the economy within the major sector of the economy, protect


the right of every citizen to engage in any economic activities


outside the major sectors of the economy.


(2) The State shall direct its policy towards ensuring:


(a) the promotion of a planned and balanced economic development;


(b) that the material resources of the nation are harnessed and


distributed as best as possible to serve the common good;


(c) that the economic system is not operated in such a manner as to


permit the concentration of wealth or the means of production and


exchange in the hands of few individuals or of a group; and


(d) that suitable and adequate shelter, suitable and adequate food,


reasonable national minimum living wage, old age care and pensions,


and unemployment, sick benefits and welfare of the disabled are


provided for all citizens.


(3) A body shall be set up by an Act of the National Assembly which shall


have power;


(a) to review, from time to time, the ownership and control of


business enterprises operating in Nigeria and make recommendations to


the President on same; and


(b) to administer any law for the regulation of the ownership and


control of such enterprises.


(4) For the purposes of subsection (1) of this section -


(a) the reference to the "major sectors of the economy" shall be


construed as a reference to such economic activities as may, from time


to time, be declared by a resolution of each House of the National


Assembly to be managed and operated exclusively by the Government of


the Federation, and until a resolution to the contrary is made by the


National Assembly, economic activities being operated exclusively by


the Government of the Federation on the date immediately preceding the


day when this section comes into force, whether directly or through


the agencies of a statutory or other corporation or company, shall be


deemed to be major sectors of the economy;


(b) "economic activities" includes activities directly concerned with


the production, distribution and exchange of weather or of goods and


services; and


(c) "participate" includes the rendering of services and supplying of



goods.


17. (1) The State social order is founded on ideals of Freedom, Equality and


Justice.


(2) In furtherance of the social order-


(a) every citizen shall have equality of rights, obligations and


opportunities before the law;


(b) the sanctity of the human person shall be recognised and human


dignity shall be maintained and enhanced;


(c) governmental actions shall be humane;


(d) exploitation of human or natural resources in any form whatsoever


for reasons, other than the good of the community, shall be prevented;


and


(e) the independence, impartiality and integrity of courts of law, and


easy accessibility thereto shall be secured and maintained.


(3) The State shall direct its policy towards ensuring that-


(a) all citizens, without discrimination on any group whatsoever, have


the opportunity for securing adequate means of livelihood as well as


adequate opportunity to secure suitable employment;


(b) conditions of work are just and humane, and that there are


adequate facilities for leisure and for social, religious and cultural


life;


(c) the health, safety and welfare of all persons in employment are


safeguarded and not endangered or abused;


(d) there are adequate medical and health facilities for all persons:


(e) there is equal pay for equal work without discrimination on


account of sex, or on any other ground whatsoever;


(f) children, young persons and the age are protected against any


exploitation whatsoever, and against moral and material neglect;


(g) provision is made for public assistance in deserving cases or


other conditions of need; and


(h) the evolution and promotion of family life is encouraged.


18. (1) Government shall direct its policy towards ensuring that there are


equal and adequate educational opportunities at all levels.


(2) Government shall promote science and technology


(3) Government shall strive to eradicate illiteracy; and to this end


Government shall as and when practicable provide


(a) free, compulsory and universal primary education;


(b) free secondary education;


(c) free university education; and


(d) free adult literacy programme.


19. The foreign policy objectives shall be -


(a) promotion and protection of the national interest;


(b) promotion of African integration and support for African unity;


(c) promotion of international co-operation for the consolidation of


universal peace and mutual respect among all nations and elimination


of discrimination in all its manifestations;



(d) respect for international law and treaty obligations as well as


the seeking of settlement of international disputes by negotiation,


mediation, conciliation, arbitration and adjudication; and


(e) promotion of a just world economic order.


20. The State shall protect and improve the environment and safeguard the


water, air and land, forest and wild life of Nigeria.


21. The State shall -


(a) protect, preserve and promote the Nigerian cultures which enhance


human dignity and are consistent with the fundamental objectives as


provided in this Chapter; and


(b) encourage development of technological and scientific studies


which enhance cultural values.


22. The press, radio, television and other agencies of the mass media shall


at all times be free to uphold the fundamental objectives contained in this


Chapter and uphold the responsibility and accountability of the Government


to the people.


23. The national ethics shall be Discipline, Integrity, Dignity of Labour,


Social, Justice, Religious Tolerance, Self-reliance and Patriotism.


24. It shall be the duty of every citizen to -


(a) abide by this Constitution, respect its ideals and its


institutions, the National Flag, the National Anthem, the National


Pledge, and legitimate authorities;


(b) help to enhance the power, prestige and good name of Nigeria,


defend Nigeria and render such national service as may be required;


(c) respect the dignity of other citizens and the rights and


legitimate interests of others and live in unity and harmony and in


the spirit of common brotherhood;


(d) make positive and useful contribution to the advancement, progress


and well-being of the community where he resides;


(e) render assistance to appropriate and lawful agencies in the


maintenance of law and order; and


(f) declare his income honestly to appropriate and lawful agencies and


pay his tax promptly.


Back to Page One


Chapter III


Citizenship


25. (1) The following persons are citizens of Nigeria by birth-namely-


(a) every person born in Nigeria before the date of independence,


either of whose parents or any of whose grandparents belongs or


belonged to a community indigenous to Nigeria;


Provided that a person shall not become a citizen of Nigeria by virtue


of this section if neither of his parents nor any of his grandparents



was born in Nigeria.


(b) every person born in Nigeria after the date of independence either


of whose parents or any of whose grandparents is a citizen of Nigeria;


and


(c) every person born outside Nigeria either of whose parents is a


citizen of Nigeria.


(2) In this section, "the date of independence" means the 1st day of


October 1960.


26. (1) Subject to the provisions of section 28 of this Constitution, a


person to whom the provisions of this section apply may be registered as a


citizen of Nigeria, if the President is satisfied that -


(a) he is a person of good character;


(b) he has shown a clear intention of his desire to be domiciled in


Nigeria; and


(c) he has taken the Oath of Allegiance prescribed in the Seventh


Schedule to this Constitution.


(2) the provisions of this section shall apply to-


(a) any woman who is or has been married to a citizen of Nigeria; or


(b) every person of full age and capacity born outside Nigeria any of


whose grandparents is a citizen of Nigeria.


27. (1) Subject to the provisions of section 28 of this Constitution, any


person who is qualified in accordance with the provisions of this section


may apply to the President for the same of a certificate of naturalisation.


(2) No person shall be qualified to apply for the grant of a certificate


or naturalisation, unless he satisfies the President that -


(a) he is a person of full age and capacity;


(b) he is a person of good character;


(c) he has shown a clear intention of his desire to be domiciled in


Nigeria;


(d) he is, in the opinion of the Governor of the State where he is or


he proposes to be resident, acceptable to the local community in which


he is to live permanently, and has been assimilated into the way of


life of Nigerians in that part of the Federation;


(e) he is a person who has made or is capable of making useful


contribution to the advancement; progress and well-being of Nigeria;


(f) he has taken the Oath of Allegiance prescribed in the Seventh


Schedule to this Constitution; and


(g) he has, immediately preceding the date of his application, either-


(i) resided in Nigeria for a continuous period of fifteen years; or


(ii) resided in Nigeria continuously for a period of twelve months,


and during the period of twenty years immediately preceding that


period of twelve months has resided in Nigeria for periods amounting


in the aggregate to not less than fifteen years.


28. (1) Subject to the other provisions of this section, a person shall


forfeit forthwith his Nigerian citizenship if, not being a citizen of



Nigeria by birth, he acquires or retains the citizenship or nationality of a


country, other than Nigeria, of which he is not a citizen by birth.


(2) Any registration of a person as a citizen of Nigeria or the grant of a


certificate of naturalisation to a person who is a citizen of a country


other than Nigeria at the time of such registration or grant shall, if he


is not a citizen by birth of that other country, be conditional upon


effective renunciation of the citizenship or nationality of that other


country within a period of not more than five months from the date of such


registration or grant.


29. (1) Any citizen of Nigeria of full age who wishes to renounce his


Nigerian citizenship shall make a declaration in the prescribed manner for


the renunciation.


(2) The President shall cause the declaration made under subsection (1) of


this section to be registered and upon such registration, the person who


made the declaration shall cease to be a citizen of Nigeria.


(3) The President may withhold the registration of any declaration made


under subsection (1) of this section if-


(a) the declaration is made during any war in which Nigeria is


physically involved; or


(b) in his opinion, it is otherwise contrary to public policy.


(4) For the purposes of subsection (1) of this section.


(a) "full age" means the age of eighteen years and above;


(b) any woman who is married shall be deemed to be of full age.


30. (1) The President may deprive a person, other than a person who is a


citizen of Nigeria by birth or by registration, of his citizenship, if he is


satisfied that such a person has, within a period of seven years after


becoming naturalised, been sentenced to imprisonment for a term of not less


than three years.


(2) The President shall deprive a person, other than a person who is


citizen of Nigeria by birth, of his citizenship, if he is satisfied from


the records of proceedings of a court of law or other tribunal or after


due inquiry in accordance with regulations made by him, that -


(a) the person has shown himself by act or speech to be disloyal


towards the Federal Republic of Nigeria; or


(b) the person has, during any war in which Nigeria was engaged,


unlawfully traded with the enemy or been engaged in or associated with


any business that was in the opinion of the president carried on in


such a manner as to assist the enemy of Nigeria in that war, or


unlawfully communicated with such enemy to the detriment of or with


intent to cause damage to the interest of Nigeria.


31. For the purposes of this Chapter, a parent or grandparent of a person


shall be deemed to be a citizen of Nigeria if at the time of the birth of


that person such parent or grandparent would have possessed that status by


birth if he had been alive on the date of independence; and in this section,


"the date of independence" has the meaning assigned to it in section 25 (2)


of this Constitution.



32. (1) The president may make regulations, not inconsistent with this


Chapter, prescribing all matters which are required or permitted to be


prescribed or which are necessary or convenient to be prescribed for


carrying out or giving effect to the provisions of this Chapter, and for


granting special immigrant status with full residential rights to


non-Nigerian spouses of citizens of Nigeria who do not wish to acquire


Nigerian citizenship.


(2) Any regulations made by the president pursuant to the provisions of


this section shall be laid before the National Assembly.


Back to Page One


Chapter IV


Fundamental Rights


33. (1) Every person has a right to life, and no one shall be deprived


intentionally of his life, save in execution of the sentence of a court in


respect of a criminal offence of which he has been found guilty in Nigeria.


(2) A person shall not be regarded as having been deprived of his life in


contravention of this section, if he dies as a result of the use, to such


extent and in such circumstances as are permitted by law, of such force as


is reasonably necessary -


(a) for the defence of any person from unlawful violence or for the


defence of property:


(b) in order to effect a lawful arrest or to prevent the escape of a


person lawfully detained; or


(c) for the purpose of suppressing a riot, insurrection or mutiny.


34. (1) Every individual is entitled to respect for the dignity of his


person, and accordingly -


(a) no person shall be subject to torture or to inhuman or degrading


treatment;


(b) no person shall he held in slavery or servitude; and


(c) no person shall be required to perform forced of compulsory


labour.


(2) for the purposes of subsection (1) (c) of this section, "forced or


compulsory labour" does not include -


(a) any labour required in consequence of the sentence or order of a


court;


(b) any labour required of members of the armed forces of the


Federation or the Nigeria Police Force in pursuance of their duties as


such;


(c) in the case of persons who have conscientious objections to


service in the armed forces of the Federation, any labour required


instead of such service;



(d) any labour required which is reasonably necessary in the event of


any emergency or calamity threatening the life or well-being of the


community; or


(e) any labour or service that forms part of -


(i) normal communal or other civic obligations of the well-being of


the community.


(ii) such compulsory national service in the armed forces of the


Federation as may be prescribed by an Act of the National Assembly,


or


(iii) such compulsory national service which forms part of the


education and training of citizens of Nigeria as may be prescribed


by an Act of the National Assembly.


35. (1) Every person shall be entitled to his personal liberty and no person


shall be deprived of such liberty save in the following cases and in


accordance with a procedure permitted by law -


(a) in execution of the sentence or order of a court in respect of a


criminal offence of which he has been found guilty;


(b) by reason of his failure to comply with the order of a court or in


order to secure the fulfilment of any obligation imposed upon him by


law;


(c) for the purpose of bringing him before a court in execution of the


order of a court or upon reasonable suspicion of his having committed


a criminal offence, or to such extent as may be reasonably necessary


to prevent his committing a criminal offence;


(d) in the case of a person who has not attained the age of eighteen


years for the purpose of his education or welfare;


(e) in the case of persons suffering from infectious or contagious


disease, persons of unsound mind, persons addicted to drugs or alcohol


or vagrants, for the purpose of their care or treatment or the


protection of the community; or


(f) for the purpose of preventing the unlawful entry of any person


into Nigeria or of effecting the expulsion, extradition or other


lawful removal from Nigeria of any person or the taking of proceedings


relating thereto:


Provided that a person who is charged with an offence and who has been


detained in lawful custody awaiting trial shall not continue to be


kept in such detention for a period longer than the maximum period of


imprisonment prescribed for the offence.


(2) Any person who is arrested or detained shall have the right to remain


silent or avoid answering any question until after consultation with a


legal practitioner or any other person of his own choice.


(3) Any person who is arrested or detained shall be informed in writing


within twenty-four hours (and in a language that he understands) of the


facts and grounds for his arrest or detention.


(4) Any person who is arrested or detained in accordance with subsection


(1) (c) of this section shall be brought before a court of law within a



reasonable time, and if he is not tried within a period of -


(a) two months from the date of his arrest or detention in the case of


a person who is in custody or is not entitled to bail; or


(b) three months from the date of his arrest or detention in the case


of a person who has been released on bail, he shall (without prejudice


to any further proceedings that may be brought against him) be


released either unconditionally or upon such conditions as are


reasonably necessary to ensure that he appears for trial at a later


date.


(5) In subsection (4) of this section, the expression "a reasonable time"


means -


(a) in the case of an arrest or detention in any place where there is


a court of competent jurisdiction within a radius of forty kilometres,


a period of one day; and


(b) in any other case, a period of two days or such longer period as


in the circumstances may be considered by the court to be reasonable.


(6) Any person who is unlawfully arrested or detained shall be entitled to


compensation and public apology from the appropriate authority or person;


and in this subsection, "the appropriate authority or person" means an


authority or person specified by law.


(7) Nothing in this section shall be construed -


(a) in relation to subsection (4) of this section, as applying in the


case of a person arrested or detained upon reasonable suspicion of


having committed a capital offence; and


(b) as invalidating any law by reason only that it authorises the


detention for a period not exceeding three months of a member of the


armed forces of the federation or a member of the Nigeria Police Force


in execution of a sentence imposed by an officer of the armed forces


of the Federation or of the Nigeria police force, in respect of an


offence punishable by such detention of which he has been found


guilty.


36. (1) In the determination of his civil rights and obligations, including


any question or determination by or against any government or authority, a


person shall be entitled to a fair hearing within a reasonable time by a


court or other tribunal established by law and constituted in such manner as


to secure its independence and impartiality.


(2) Without prejudice to the foregoing provisions of this section, a law


shall not be invalidated by reason only that it confers on any government


or authority power to determine questions arising in the administration of


a law that affects or may affect the civil rights and obligations of any


person if such law -


(a) provides for an opportunity for the persons whose rights and


obligations may be affected to make representations to the


administering authority before that authority makes the decision


affecting that person; and


(b) contains no provision making the determination of the



administering authority final and conclusive.


(3) The proceedings of a court or the proceedings of any tribunal relating


to the matters mentioned in subsection (1) of this section (including the


announcement of the decisions of the court or tribunal) shall be held in


public.


(4) Whenever any person is charged with a criminal offence, he shall,


unless the charge is withdrawn, be entitled to a fair hearing in public


within a reasonable time by a court or tribunal:


Provided that -


(a) a court or such a tribunal may exclude from its proceedings


persons other than the parties thereto or their legal practitioners in


the interest of defence, public safety, public order, public morality,


the welfare of persons who have not attained the age of eighteen


years, the protection of the private lives of the parties or to such


extent as it may consider necessary by reason of special circumstances


in which publicity would be contrary to the interests of justice;


(b) if in any proceedings before a court or such a tribunal, a


Minister of the Government of the Federation or a commissioner of the


government of a State satisfies the court or tribunal that it would


not be in the public interest for any matter to be publicly disclosed,


the court or tribunal shall make arrangements for evidence relating to


that matter to be heard in private and shall take such other action as


may be necessary or expedient to prevent the disclosure of the matter.


(5) Every person who is charged with a criminal offence shall be presumed


to be innocent until he is proved guilty;


Provided that nothing in this section shall invalidate any law by reason


only that the law imposes upon any such person the burden of proving


particular facts.


(6) Every person who is charged with a criminal offence shall be entitled


to -


(a) be informed promptly in the language that he understands and in


detail of the nature of the offence;


(b) be given adequate time and facilities for the preparation of his


defence;


(c) defend himself in person or by legal practitioners of his own


choice;


(d) examine, in person or by his legal practitioners, the witnesses


called by the prosecution before any court or tribunal and obtain the


attendance and carry out the examination of witnesses to testify on


his behalf before the court or tribunal on the same conditions as


those applying to the witnesses called by the prosecution; and


(e) have, without payment, the assistance of an interpreter if he


cannot understand the language used at the trial of the offence.


(7) When any person is tried for any criminal offence, the court or


tribunal shall keep a record of the proceedings and the accused person or



any persons authorised by him in that behalf shall be entitled to obtain


copies of the judgement in the case within seven days of the conclusion of


the case.


(8) No person shall be held to be guilty of a criminal offence on account


of any act or omission that did not, at the time it took place, constitute


such an offence, and no penalty shall be imposed for any criminal offence


heavier than the penalty in force at the time the offence was committed


(9) No person who shows that he has been tried by any court of competent


jurisdiction or tribunal for a criminal offence and either convicted or


acquitted shall again be tried for that offence or for a criminal offence


having the same ingredients as that offence save upon the order of a


superior court.


(10) No person who shows that he has been pardoned for a criminal offence


shall again be tried for that offence.


(11) No person who is tried for a criminal offence shall be compelled to


give evidence at the trial.


(12) Subject as otherwise provided by this Constitution, a person shall


not be convicted of a criminal offence unless that offence is defined and


the penalty therefor is prescribed in a written law, and in this


subsection, a written law refers to an Act of the National Assembly or a


Law of a State, any subsidiary legislation or instrument under the


provisions of a law.


37. The privacy of citizens, their homes, correspondence, telephone


conversations and telegraphic communications is hereby guaranteed and


protected.


38. (1) Every person shall be entitled to freedom of thought, conscience and


religion, including freedom to change his religion or belief, and freedom


(either alone or in community with others, and in public or in private) to


manifest and propagate his religion or belief in worship, teaching, practice


and observance.


(2) No person attending any place of education shall be required to


receive religious instruction or to take part in or attend any religious


ceremony or observance if such instruction ceremony or observance relates


to a religion other than his own, or religion not approved by his parent


or guardian.


(3) No religious community or denomination shall be prevented from


providing religious instruction for pupils of that community or


denomination in any place of education maintained wholly by that community


or denomination.


(4) Nothing in this section shall entitle any person to form, take part in


the activity or be a member of a secret society.


39. (1) Every person shall be entitled to freedom of expression, including


freedom to hold opinions and to receive and impart ideas and information


without interference.


(2) Without prejudice to the generality of subsection (1) of this section,



every person shall be entitled to own, establish and operate any medium


for the dissemination of information, ideas and opinions:


Provided that no person, other than the Government of the Federation or of


a State or any other person or body authorised by the President on the


fulfilment of conditions laid down by an Act of the National Assembly,


shall own, establish or operate a television or wireless broadcasting


station for, any purpose whatsoever.


(3) Nothing in this section shall invalidate any law that is reasonably


justifiable in a democratic society -


(a) for the purpose of preventing the disclosure. of information


received in confidence, maintaining the authority and independence of


courts or regulating telephony, wireless broadcasting, television or


the exhibition of cinematograph films; or


(b) imposing restrictions upon persons holding office under the


Government of the Federation or of a State, members of the armed


forces of the Federation or members of the Nigeria Police Force or


other Government security services or agencies established by law.


40. Every person shall be entitled to assemble freely and associate with


other persons, and in particular he may form or belong to any political


party, trade union or any other association for the protection of his


interests:


Provided that the provisions of this section shall not derogate from the


powers conferred by this Constitution on the Independent National Electoral


Commission with respect to political parties to which that Commission does


not accord recognition.


41. (1) Every citizen of Nigeria is entitled to move freely throughout


Nigeria and to reside in any part thereof, and no citizen of Nigeria shall


be expelled from Nigeria or refused entry thereby or exit therefrom.


(2) Nothing in subsection (1) of this section shall invalidate any law


that is reasonably justifiable in a democratic society-


(a) imposing restrictions on the residence or movement of any person


who has committed or is reasonably suspected to have committed a


criminal offence in order to prevent him from leaving Nigeria; or


(b) providing for the removal of any person from Nigeria to any other


country to:-


(i) be tried outside Nigeria for any criminal offence, or


(ii) undergo imprisonment outside Nigeria in execution of the sentence


of a court of law in respect of a criminal offence of which he has


been found guilty:


Provided that there is reciprocal agreement between Nigeria and such


other country in relation to such matter.



42. (1) A citizen of Nigeria of a particular community, ethnic group, place


of origin, sex, religion or political opinion shall not, by reason only that


he is such a person:-


(a) be subjected either expressly by, or in the practical application


of, any law in force in Nigeria or any executive or administrative


action of the government, to disabilities or restrictions to which


citizens of Nigeria of other communities, ethnic groups, places of


origin, sex, religions or political opinions are not made subject; or


(b) be accorded either expressly by, or in the practical application


of, any law in force in Nigeria or any such executive or


administrative action, any privilege or advantage that is not accorded


to citizens of Nigeria of other communities, ethnic groups, places of


origin, sex, religions or political opinions.


(2) No citizen of Nigeria shall be subjected to any disability or


deprivation merely by reason of the circumstances of his birth.


(3) Nothing in subsection (1) of this section shall invalidate any law by


reason only that the law imposes restrictions with respect to the


appointment of any person to any office under the State or as a member of


the armed forces of the Federation or member of the Nigeria Police Forces


or to an office in the service of a body, corporate established directly


by any law in force in Nigeria.


43. Subject to the provisions of this Constitution, every citizen of Nigeria


shall have the right to acquire and own immovable property anywhere in


Nigeria.


44. (1) No moveable property or any interest in an immovable property shall


be taken possession of compulsorily and no right over or interest in any


such property shall be acquired compulsorily in any part of Nigeria except


in the manner and for the purposes prescribed by a law that, among other


things -


(a) requires the prompt payment of compensation therefore and


(b) gives to any person claiming such compensation a right of access


for the determination of his interest in the property and the amount


of compensation to a court of law or tribunal or body having


jurisdiction in that part of Nigeria.


(2) Nothing in subsection (1) of this section shall be construed as


affecting any general law.


(a) for the imposition or enforcement of any tax, rate or duty;


(b) for the imposition of penalties or forfeiture for breach of any


law, whether under civil process or after conviction for an offence;


(c) relating to leases, tenancies, mortgages, charges, bills of sale


or any other rights or obligations arising out of contracts.


(d) relating to the vesting and administration of property of persons


adjudged or otherwise declared bankrupt or insolvent, of persons of


unsound mind or deceased persons, and of corporate or unincorporate


bodies in the course of being wound-up;


(e) relating to the execution of judgements or orders of court;



(f) providing for the taking of possession of property that is in a


dangerous state or is injurious to the health of human beings, plants


or animals;


(g) relating to enemy property;


(h) relating to trusts and trustees;


(i) relating to limitation of actions;


(j) relating to property vested in bodies corporate directly


established by any law in force in Nigeria;


(k) relating to the temporary taking of possession of property for the


purpose of any examination, investigation or enquiry;


(l) providing for the carrying out of work on land for the purpose of


soil-conservation; or


(m) subject to prompt payment of compensation for damage to buildings,


economic trees or crops, providing for any authority or person to


enter, survey or dig any land, or to lay, install or erect poles,


cables, wires, pipes, or other conductors or structures on any land,


in order to provide or maintain the supply or distribution of energy,


fuel, water, sewage, telecommunication services or other public


facilities or public utilities.


(3) Notwithstanding the foregoing provisions of this section, the entire


property in and control of all minerals, mineral oils and natural gas in


under or upon any land in Nigeria or in, under or upon the territorial


waters and the Exclusive Economic Zone of Nigeria shall vest in the


Government of the Federation and shall be managed in such manner as may be


prescribed by the National Assembly.


45. (1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall


invalidate any law that is reasonably justifiable in a democratic society


(a) in the interest of defence, public safety, public order, public


morality or public health; or


(b) for the purpose of protecting the rights and freedom or other


persons


(2) An act of the National Assembly shall not be invalidated by reason


only that it provides for the taking, during periods of emergency, of


measures that derogate from the provisions of section 33 or 35 of this


Constitution; but no such measures shall be taken in pursuance of any such


act during any period of emergency save to the extent that those measures


are reasonably justifiable for the purpose of dealing with the situation


that exists during that period of emergency:


Provided that nothing in this section shall authorise any derogation from


the provisions of section 33 of this Constitution, except in respect of


death resulting from acts of war or authorise any derogation from the


provisions of section 36(8) of this Constitution.


(3) In this section, a " period of emergency" means any period during


which there is in force a Proclamation of a state of emergency declared by


the President in exercise of the powers conferred on him under section 305


of this Constitution.



46. (1) Any person who alleges that any of the provisions of this Chapter


has been, is being or likely to be contravened in any State in relation to


him may apply to a High Court in that State for redress.


(2) Subject to the provisions of this Constitution, a High Court shall


have original jurisdiction to hear and determine any application made to


it in pursuance of this section and may make such orders, issue such writs


and give such directions as it may consider appropriate for the purpose of


enforcement or securing the enforcing within that State of any right to


which the person who makes the application may be entitled under this


Chapter.


(3) The Chief Justice of Nigeria may make rules with respect to the


practice and procedure of a High Court for the purposes of this section.


(4) The National Assembly -


(a) may confer upon a High Court such powers in addition to those


conferred by this section as may appear to the National Assembly to be


necessary or desirable for the purpose of enabling the court more


effectively to exercise the jurisdiction conferred upon it by this


section; and


(b) shall make provisions-


(i) for the rendering of financial assistance to any indigent citizen


of Nigeria where his right under this Chapter has been infringed or


with a view to enabling him to engage the services of a legal


practitioner to prosecute his claim, and


(ii) for ensuring that allegations of infringement of such rights are


substantial and the requirement or need for financial or legal aid is


real.


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Chapter V


The Legislature


Part I


National Assembly


A - Composition and Staff of National Assembly


47. There shall be a National Assembly for the Federation which shall


consist of a Senate and a House of Representatives.


48. The Senate shall consist of three Senators from each State and one from


the Federal Capital Territory, Abuja.


49. Subject to the provisions of this Constitution, the House of



Representatives shall consist of three hundred and sixty members


representing constituencies of nearly equal population as far as possible,


provided that no constituency shall fall within more than one State.


50. (1) There shall be:-


(a) a President and a Deputy President of the Senate, who shall be


elected by the members of that House from among themselves; and


(b) a Speaker and a Deputy Speaker of the House of Representatives,


who shall be elected by the members of that House from among


themselves.


(2) The President or Deputy President of the Senate or the Speaker or


Deputy Speaker of the House of Representatives shall vacate his office -


(a) if he ceases to be a member of the Senate or of the House of


Representatives, as the case may be, otherwise than by reason of a


dissolution of the Senate or the House of Representatives; or


(b) when the House of which he was a member first sits after any


dissolution of that House; or


(c) if he is removed from office by a resolution of the Senate or of


the House of Representatives, as the case may be, by the votes of not


less than two-thirds majority of the members of that House.


51. There shall be a Clerk to the National Assembly and such other staff as


may be prescribed by an Act of the National Assembly, and the method of


appointment of the Clerk and other staff of the National Assembly shall be


as prescribed by that tab


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B - Procedure for Summoning and Dissolution of National Assembly


52. (1) Every member of the Senate or the House of Representatives shall,


before taking his seat, declare his assets and liabilities as prescribed in


this Constitution and subsequently take and subscribe the Oath of Allegiance


and the oath of membership as prescribed in the Seventh Schedule to this


Constitution before the President of the Senate or, as the case may be, the


Speaker of the House of Representatives, but a member may before taking the


oaths take part in the election of a President and a Deputy President of the


Senate, as the case may be, or a Speaker and a Deputy Speaker of the House


of Representatives.


(2) The President and Deputy President of the Senate and the Speaker and


the Deputy Speaker of the House of Representative s shall declare their


assets and liabilities as prescribed in this Constitution and subsequently


take and subscribe the Oath of Allegiance and the oath of membership


prescribed as aforesaid before the Clerk of the National Assembly.


53. (1) At any sitting of the National Assembly -


(a) in the case of the Senate, the President of the Senate shall


preside, and in his absence the Deputy President shall preside; and


(b) in the case of the House of Representatives, the Speaker of that


House shall preside, and in his absence the Deputy Speaker shall



preside.


(2) At any joint sitting of the Senate and House of Representatives -


(a) the President of Senate shall preside, and in his absence the


Speaker of the House of Representatives shall preside; and


(b) in the absence of the persons mentioned in paragraph (a) of this


subsection, the Deputy President of the Senate shall preside, and in


his absence the Deputy Speaker of the House of Representatives shall


preside.


(3) In the absence of the persons mentioned in the foregoing provisions of


this section, such member of the Senate or the House of Representatives or


of the joint sitting, as the case may be, as the Senate or the House of


Representatives or the joint sitting may elect for that purpose shall


preside.


54. (1) The quorum of the Senate or of the House of Representatives shall be


one-third of all the members on of the Legislative House concerned.


(2) The quorum of a joint sitting of both the Senate or of the House of


Representatives shall be one-third of all the members of both Houses.


(3) If objection is taken by any member of the Senate or the House of


Representatives present that there are present in the House of which he is


a member (besides the person presiding fewer than one-third of all the


members of that House and that it is not competent for the House to


transact business, and after such interval as may be prescribed in the


rules of procedure of the House, the person presiding ascertains that the


number of members present is still less than one-third of all the members


of the House he shall adjourn the House.


(4) The foregoing provisions of this section shall apply in relation to a


joint sitting of both Houses of the National Assembly as they apply in


relation to a House of the National Assembly as if references to the


Senate or the House of Representatives and a member of either Houses are


references to both Houses and to any member of the National Assembly,


respectively.


55. The business of the National Assembly shall be conducted in English, and


in Hausa, Ibo and Yoruba when adequate arrangements have been made therefor.


56. (1) Except as otherwise provided by this Constitution any question


proposed for decision in the Senate or the House of Representatives shall be


determined by the required majority or the members present and voting; and


the person presiding shall cast a vote whenever necessary y to avoid an


equality of votes but shall not vote in any other case.


(2) Except as otherwise provided by this Constitution, the required


majority for the purpose of determining any question shall be a simple


majority.


(3) The Senate or the House of Representatives shall by its rules provide


-


(a) that a member of the House shall declare any direct pecuniary


interest he may have in any matter coming before the House for



deliberation;


(b) that the House may by resolution decide whether or not such member


may vote, or participate in its deliberations, on such matter;


(c) the penalty, if any, which the House may impose for failure to


declare any direct pecuniary interest such member may have; and`


(d) for such other matters pertaining to the foregoing as the House


may think necessary,


but nothing in the foregoing provisions shall enable any rules to be


made to require any member, who signifies his intention not to vote on


or participate in such matter, and who does not so vote or


participate, to declare any such interest.


57. Any person who sits or votes in the Senate or the House of


Representatives knowing or having reasonable grounds for knowing that he is


not entitled to do so commits an offence and is liable on conviction to such


punishment as shall be prescribed by an Act of the National Assembly.


58. (1) The power of the National Assembly to make laws shall be exercised


by bills passed by both the Senate and the House of Representatives and,


except as otherwise provided by subsection (5) of this section, assented to


by the President.


(2) A bill may originate in either the Senate or the House of


Representatives and shall not become law unless it has been passed and,


except as otherwise provided by this section and section 59 of this


Constitution, assented to in accordance with the provisions of this


section.


(3) Where a bill has been passed by the House in which it originated, it


shall be sent to the other House, and it shall be presented to the


President for assent when it has been passed by that other House and


agreement has been reached between the two Houses on any amendment made on


it.


(4) Where a bill is presented to the President for assent, he shall within


thirty days thereof signify that he assents or that he withholds assent.


(5) Where the President withholds his assent and the bill is again passed


by each House by two-thirds majority, the bill shall become law and the


assent of the President shall not be required.


59. (1) The provisions of this section shall apply to:


(a) an appropriation bill or a supplementary appropriation bill,


including any other bill for the payment, issue or withdrawal from the


Consolidated Revenue Fund or any other public fund of the Federation


of any money charged thereon or any alteration in the amount of such a


payment, issue or withdrawal; and


(b) a bill for the imposition of or increase in any tax, duty or fee


or any reduction, withdrawal or cancellation thereof.


(2) Where a bill to which this section applies is passed by one of the


Houses of the National Assembly but is not passed by the other House


within a period of two months from the commencement of a financial year,


the President of the Senate shall within fourteen days thereafter arrange



for and convene a meeting of the joint finance committee to examine the


bill with a view to resolving the differences between the two Houses.


(3) Where the joint finance committee fails to resolve such differences,


then the bill shall be presented to the National Assembly sitting at a


joint meeting, and if the bill is passed at such joint meeting, it shall


be presented to the President for assent.


(4) Where the President, within thirty days after the presentation of the


bill to him, fails to signify his assent or where he withholds assent,


then the bill shall again be presented to the National Assembly sitting at


a joint meeting, and if passed by two-thirds majority of members of both


houses at such joint meeting, the bill shall become law and the assent of


the President shall not be required.


(5) In this section, "joint finance committee" refers to the joint


committee of the National Assembly on finance established pursuant to


section 62(3) of this Constitution.


60. Subject to the provisions of this Constitution, the Senate or the House


of Representatives shall have power to regulate its own procedure, including


the procedure for summoning and recess of the House.


61. The Senate or the House of Representatives may act notwithstanding any


vacancy in its membership, and the presence or participation of any person


not entitled to be present at or to participate in the proceedings of the


House shall not invalidate those proceedings.


62. (1) The Senate or the House of Representatives may appoint a committee


of its members for such special or general purpose as in its opinion would


be better regulated and managed by means of such a committee, and may by


resolution, regulation or otherwise, as it thinks fit, delegate any


functions exercisable by it to any such committee.


(2) The number of members of a committee appointed under this section,


their terms of office and quorum shall be fixed by the House appointing


it.


(3) The Senate and the House of Representatives shall appoint a joint


committee on finance consisting of an equal number of persons appointed by


each House and may appoint any other joint committee under the provisions


of this section.


(4) Nothing in this section shall be construed as authorising such House


to delegate to a committee the power to decide whether a bill shall be


passed into law or to determine any matter which it is empowered to


determine by resolution under the provisions of this Constitution, but the


committee may be authorised to make recommendations to the House on any


such matter.


63. The Senate and the House of Representatives shall each sit for a period


of not less than one hundred and eighty-one days in a year.


64. (1) The Senate and the House of Representatives shall each stand


dissolved at the expiration of a period of four years commencing from the


date of the first sitting of the House.


(2) If the Federation is at war in which the territory of Nigeria is



physically involved and the President considers that it is not practicable


to hold elections, the National Assembly may by resolution extend the


period of four years mentioned in subsection (1) of this section from time


to time but not beyond a period of six months at any one time.


(3) Subject to the provisions of this Constitution, the person elected as


the President shall have power to issue a proclamation for the holding of


the first session of the National Assembly immediately after his being


sworn in, or for its dissolution as provided in this section.


Back to Page One


C - Qualifications for Membership of National Assembly and Right of Attendance


65. (1) Subject to the provisions of section 66 of this Constitution, a


person shall be qualified for election as a member of:


(a) the Senate, if he is a citizen of Nigeria and has attained the age


of 35 years; and


(b) the House of Representatives, if he is a citizen of Nigeria and


has attained the age of 30 years;


(2) A person shall be qualified for election under subsection (1) of this


section if:


(a) he has been educated up to at least School Certificate level or


its equivalent; and


(b) he is a member of a political party and is sponsored by that


party.


66. (1) No person shall be qualified for election to the Senate or the House


of Representatives if:


(a) subject to the provisions of section 28 of this Constitution, he


has voluntarily acquired the citizenship of a country other than


Nigeria or, except in such cases as may be prescribed by the National


Assembly, has made a declaration of allegiance to such a country;


(b) under any law in force in any part of Nigeria, he is adjudged to


be a lunatic or otherwise declared to be of unsound mind;


(c) he is under a sentence of death imposed on him by any competent


court of law or tribunal in Nigeria or a sentence of imprisonment or


fine for an offence involving dishonesty or fraud (by whatever name


called) or any other offence imposed on him by such a court or


tribunal or substituted by a competent authority for any other


sentence imposed on him by such a court;


(d) within a period of less than 10 years before the date of an


election to a legislative house, he has been convicted and sentenced


for an offence involving dishonesty or he has been found guilty of a


contravention of the Code of Conduct;


(e) he is an undischarged bankrupt, having been adjudged or otherwise



declared bankrupt under any law in force in any part of Nigeria;


(f) he is a person employed in the public service of the Federation or


of any State and has not resigned, withdrawn or retired from such


employment 30 days before the date of election;


(g) he is a member of a secret society;


(h) he has been indicted for embezzlement or fraud by Judicial


Commission of Inquiry or an Administrative Panel of Inquiry or a


Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of


Inquiry Law or any other law by the Federal or State Government which


indictment has been accepted by the Federal or State Governments


respectively; or.


(i) he has presented a forged certificate to the Independence National


Electoral Commission.


(2) Where in respect of any person who has been-


(a) adjudged to be a lunatic;


(b) declared to be of unsound mind;


(c) sentenced to death or imprisonment; or


(d) adjudged or declared bankrupt,


any appeal against the decision is pending in any court of law in


accordance with any law in force in Nigeria, subsection (1) of the


section shall not apply during a period beginning from the date when


such appeal is lodged and ending on the date when the appeal is


finally determined or, as the case may be, the appeal lapses or is


abandoned, whichever is earlier.


(3) For the purposes of subsection (2) of this section "appeal" includes


any application for an injunction or an order certiorari, mandamus,


prohibition or habeas corpus, or any appeal from any such application.


67. (1) The President may attend any joint meeting of the National Assembly


or any meeting of either House of the National Assembly, either to deliver


an address on national affairs including fiscal measures, or to make such


statement on the policy of government as he considers to be of national


importance.


(2) A Minister of the Government of the Federation attend either House of


the National Assembly if invited to express to the House the conduct of


his Ministry, and in particular when the affairs of that Ministry are


under discussion.


(3) Nothing in this section shall enable any person who is not a member of


the Senate or of the House of Representatives to vote in that House or in


any of its committees.


68. (1) A member of the Senate or of the House of Representatives shall


vacate his seat in the House of which he is a member if -


(a) he becomes a member of another legislative house.


(b) any other circumstances arise that, if he were not a member of the


Senate or the House of Representatives, would cause him to be


disqualified for election as a member;


(c) he ceases to be a citizen of Nigeria;



(d) he becomes President, Vice-President, Governor, Deputy Governor or


a Minister of the Government of the Federation or a Commissioner of


the Government of a State or a Special Adviser.


(e) save as otherwise prescribed by this Constitution, he becomes a


member of a commission or other body established by this Constitution


or by any other law.


(f) without just cause he is absent from meetings of the House of


which he is a member for a period amounting in the aggregate to more


than one-third of the total number of days during which the House


meets in any one year;


(g) being a person whose election to the House was sponsored by a


political party, he becomes a member of another political party before


the expiration of the period for which that House was elected;


Provided that his membership of the latter political party is not as a


result of a division in the political party of which he was previously


a member or of a merger of two or more political parties or factions


by one of which he was previously sponsored; or


(h) the President of the Senate or, as the case may be, the Speaker of


the House of Representatives receives a certificate under the hand of


the Chairman of the Independent National Electoral Commission stating


that the provisions of section 69 of this Constitution have been


complied with in respect of the recall of that member.


(2) The President of the Senate or the Speaker of the House of


Representatives, as the case may be, shall give effect to the provisions


of subsection (1) of this section, so however that the President of the


Senate or the Speaker of the House of Representatives or a member shall


first present evidence satisfactory to the House concerned that any of the


provisions of that subsection has become applicable in respect of that


member.


(3) A member of the Senate or of the House of Representatives shall be


deemed to be absent without just cause from a meeting of the House of


which he is a member, unless the person presiding certifies in writing


that he is satisfied that the absence of the member from the meeting was


for a just cause.


69. A member of the Senate or of the House Representatives may be recalled


as such a member if -


(a) there is presented to the Chairman of the Independent National


Electoral Commission a petition in that behalf signed by more than


one-half of the persons registered to vote in that member's


constituency alleging their loss of confidence in that member; and


(b) the petition is thereafter, in a referendum conducted by the


Independent National Electoral Commission within ninety days of the


date of receipt of the petition, approved by a simple majority of the


votes of the persons registered to vote in that member's constituency.


70. A member of the Senate or of the House of Representatives shall receive


such salary and other allowances as Revenue Mobilisation Allocation and



Fiscal Commission may determine


D - Elections to National Assembly


71. Subject to the provisions of section 72 of this Constitution, the


Independent National Electoral Commission shall -


(a) divide each State of the Federation into three Senatorial


districts for purposes of elections to the Senate; and


(b) subject to the provisions of section 49 of this Constitution,


divide the Federation into three hundred and sixty Federal


constituencies for purposes of elections to the House of


Representatives.


72. No Senatorial district or Federal constituency shall fall within more


than one State, and the boundaries of each district or constituency shall be


as contiguous as possible and be such that the number of inhabitants thereof


is as nearly equal to the population quota as is reasonably practicable.


73. (1) The Independent National Electoral Commission shall review the


division of States and of the Federation into Senatorial districts and


Federal constituencies at intervals of not less than ten years, and may


alter the districts or constituencies in accordance with the provisions of


this section to such extent as it may consider desirable in the light of the


review.


(2) Notwithstanding subsection (1) of this section, the Independent


National Electoral Commission may at any time carry out such a review and


alter the districts or constituencies in accordance with the provisions of


this section to such extent as it considers necessary, in consequence of


any amendment to section 8 of this Constitution or any provision replacing


that section, or by reason of the holding of a census of the population,


or pursuant to an Act of the National Assembly.


74. Where the boundaries of any Senatorial district or Federal constituency


established under section 71 of this Constitution are altered in accordance


with the provisions section 73 hereof, the alteration shall come into effect


after it has been approved by each House of the National Assembly and after


the current life of the Senate (in the case of an alteration to the


boundaries of a Senatorial district) or the House of s (in the case of an


alteration to the boundaries of a Federal constituency).


75. For the purposes of section 72 of this Constitution, the number of


inhabitants of Nigeria or any part thereof shall be ascertained by reference


to the 1991 census of the population of Nigeria or the latest census held in


pursuance of an Act of the National Assembly after the coming into force of


the provisions of this Part of this Chapter of this Constitution.


76. (1) Elections to each House of the National Assembly shall be held on a


date to be appointed by the Independent National Electoral Commission.


(2) The date mentioned in subsection (1) of this section shall not be


earlier than sixty days before and not later than the date on which the


House stands dissolved, or where the election to fill a vacancy occurring



more than three months before such date; not later than one month after


the vacancy occurred.


77. (1) Subject to the provisions of this Constitution, every Senatorial


district or Federal constituency established in accordance with the


provisions of this Part of this Chapter shall return a member who shall be


directly elected to the Senate or the House of Representatives in such


manner as may be prescribed by an act of the National Assembly.


(2) Every citizen of Nigeria, who has attained the age of eighteen years


residing in Nigeria at the time of the registration of voters for purposes


of election to a legislative house, shall be entitled to be registered as


a voter for that election.


78. The registration of voters and the conduct of elections shall be subject


to the direction and supervision of Independent National Electoral


Commission.


79. The National Assembly shall make provisions in respects -


(a) persons who may apply to an election tribunal for determination of


any question as to whether -


(i) any person has been validly elected as a member of the Senate or


of the House of Representatives,


(ii) the term of office of any person has ceased, or


(iii) the seat in the Senate or in the House of Representatives of a


member of that House has become vacant;


(b) circumstances and manner in which, and the conditions upon which,


such application may be made; and


(c) powers, practice and procedure of the election tribunal in


relation to any such application.


E - Powers and Control over Public Funds


80. (1) All revenues or other moneys raised or received by the Federation


(not being revenues or other moneys payable under this Constitution or any


Act of the National Assembly into any other public fund of the Federation


established for a specific purpose) shall be paid into and form one


Consolidated Revenue Fund of the Federation.


(2) No moneys shall be withdrawn from the Consolidated Revenue Fund of the


Federation except to meet expenditure that is charged upon the fund by


this Constitution or where the issue of those moneys has been authorised


by an Appropriation Act, Supplementary Appropriation Act or an Act passed


in pursuance of section 81 of this Constitution.


(3) No moneys shall be withdrawn from any public fund of the Federation,


other than the Consolidated Revenue Fund of the Federation, unless the


issue of those moneys has been authorised by an Act of the National


Assembly.


(4) No moneys shall be withdrawn from the Consolidated Revenue Fund or any


other public fund of the Federation, except in the manner prescribed by


the National Assembly.



81. (1) The President shall cause to be prepared and laid before each House


of the National Assembly at any time in each financial year estimates of the


revenues and expenditure of the Federation for the next following financial


year.


(2) The heads of expenditure contained in the estimates (other than


expenditure charged upon the Consolidated Revenue Fund of the Federation


by this Constitution) shall be included in a bill, to be known as an


Appropriation Bill, providing for the issue from the Consolidated Revenue


Fund of the sums necessary to meet that expenditure and the appropriation


of those sums for the purposes specified therein.


(3) Any amount standing to the credit of the judiciary in the Consolidated


Revenue Fund of the Federation shall be paid directly to the National


Judicial Council for disbursement to the heads of the courts established


for the Federation and the State under section 6 of this Constitution.


(4) If in respect of any financial year it is found that -


(a) the amount appropriated by the Appropriation Act for any purpose


is insufficient; or


(b) a need has arisen for expenditure for a purpose for which no


amount has been appropriated by the Act,


a supplementary estimate showing the sums required shall be laid


before each House of the National Assembly and the heads of any such


expenditure shall be included in a Supplementary Appropriation Bill.


82. If the Appropriation Bill in respect of any financial year has not been


passed into law by the beginning of the financial year, the President may


authorise the withdrawal of moneys in the Consolidated Revenue Fund of the


Federation for the purpose of meeting expenditure necessary to carry on the


services of the Government of the Federation for a period not exceeding


months or until the coming into operation of the Appropriate Act, whichever


is the earlier:


Provided that the withdrawal in respect of any such period shall not exceed


the amount authorised to be withdrawn from the Consolidated Revenue Fund of


the Federation under the provisions of the Appropriation Act passed by the


National Assembly for the corresponding period in the immediately preceding


financial year, being an amount proportionate to the total amount so


authorised for the immediately preceding financial year.


83. (1) The National Assembly may by law make provisions for the


establishment of a Contingencies Fund for the Federation and for authorising


the President, if satisfied that there has arisen an urgent and unforeseen


need for expenditure for which no other provision exists, to make advances


from the Fund to meet the need.


(2) Where any advance is made in accordance with the provisions of this


section, a Supplementary Estimate shall be presented and a Supplementary


Appropriation Bill shall be introduced as soon as possible for the purpose


of replacing the amount so advanced.


84. (1) There shall be paid to the holders of the offices mentioned in this


section such remuneration, salaries and allowances as may be prescribed by



the National Assembly, but not exceeding the amount as shall have been


determined by the Revenue Mobilisation Allocation and Fiscal Commission.


(2) The remuneration, salaries and allowances payable to the holders of


the offices so mentioned shall be a charge upon the Consolidated Revenue


Fund of the Federation.


(3) The remuneration and salaries payable to the holders of the said


offices and their conditions of service, other than allowances, shall not


be altered to their disadvantage after their appointment.


(4) The offices aforesaid are the offices of President, Vice-President,


Chief Justice of Nigeria, Justice of the Supreme Court, President of the


Court of Appeal, Justice of the Court of Appeal, Chief Judge of the


Federal High Court, Judge of the Federal High Court, Chief Judge and Judge


of the High Court of the Federal Capital Territory, Abuja, Chief Judge of


a State, Judge of the High Court of a State, Grand Kadi of the Sharia


Court of Appeal of the Federal Capital Territory, Abuja, President and


Judge of the Customary Court of Appeal of the Federal Capital Territory,


Abuja, Grand Kadi and Kadi of the Sharia Court of Appeal of a State,


President and Judge of the Customary Court of Appeal of a State, the


Auditor-General for the Federation and the Chairmen and members of the


following executive bodies, namely, the Code of Conduct Bureau, the


Federal Civil Service Commission, the Independent National Electoral


Commission, the National Judicial Council, the Federal Judicial Service


Commission, the Judicial Service Committee of the Federal Capital


Territory, Abuja, the Federal Character Commission, the Code of Conduct


Tribunal, the National Population Commission, the Revenue Mobilisation


Allocation and Fiscal Commission, the Nigeria Police Council and the


Police Service Commission.


(5) Any person who has held office as President or Vice-President shall be


entitled to pension for life at a rate equivalent to the annual salary of


the incumbent President or Vice-President:


Provided that such a person was not removed from office by the process of


impeachment or for breach of any provisions of this Constitution.


(6) Any pension granted by virtue of subsection (5) of this section shall


be a charge upon the Consolidated Revenue Fund of the Federation.


(7) The recurrent expenditure of judicial offices in the Federation (in


addition to salaries and allowances of the judicial officers mentioned in


subsection (4) of this section) shall be charge upon the Consolidated


Revenue Fund of the Federation.


85. (1) There shall be an Auditor-General for the Federation who shall be


appointed in accordance with the provisions of section 86 of this


Constitution.


(2) The public accounts of the Federation and of all offices and courts of


the Federation shall be audited and reported on to the Auditor-General who


shall submit his reports to the National Assembly; and for that purpose,


the Auditor-General or any person authorised by him in that behalf shall


have access to all the books, records, returns and other documents



relating to those accounts.


(3) Nothing in subsection (2) of this section shall be construed as


authorising the Auditor-General to audit the accounts of or appoint


auditors for government statutory corporations, commissions, authorities,


agencies, including all persons and bodies established by an Act of the


National Assembly, but the Auditor-General shall -


(a) provide such bodies with -


(i) a list of auditors qualified to be appointed by them as external


auditors and from which the bodies shall appoint their external


auditors, and


(ii) guidelines on the level of fees to be paid to external


auditors; and


(b) comment on their annual accounts and auditor's reports thereon.


(4) The Auditor-General shall have power to conduct checks of all


government statutory corporations, commissions, authorities, agencies,


including all persons and bodies established by an Act of the National


Assembly.


(5) The Auditor-General shall, within ninety days of receipt of the


Accountant-General's financial statement, submit his reports under this


section to each House of the National Assembly and each House shall cause


the reports to be considered by a committee of the House of the National


Assembly responsible for public accounts.


(6) In the exercise of his functions under this Constitution, the


Auditor-General shall not be subject to the direction or control of any


other authority or person.


86. (1) The Auditor-General for the Federation shall be appointed by the


President on the recommendation of the Federal Civil Service Commission


subject to confirmation by the Senate.


(2) The power to appoint persons to act in the office of the


Auditor-General shall vest in the President.


(3) Except with the sanction of a resolution of the Senate, no person


shall act in the office of the Auditor-General for a period exceeding six


months.


87. (1) A person holding the office of the Auditor-General for the


Federation shall be removed from office by the President acting on an


address supported by two-thirds majority of the Senate praying that he be so


removed for inability to discharge the functions of his-office (whether


arising from infirmity of mind or body or any other cause) or for


misconduct.


(2) The Auditor-General shall not be removed from office before such


retiring age as may be prescribed by law, save in accordance with the


provisions of this section.


88. (1) Subject to the provisions of this Constitution, each House of the


National Assembly shall have power by resolution published in its journal or


in the Official Gazette of the Government of the Federation to direct or


cause to be directed investigation into -



(a) any matter or thing with respect to which it has power to make


laws, and


(b) the conduct of affairs of any person, authority, ministry or


government department charged, or intended to be charged, with the


duty of or responsibility for -


(i) executing or administering laws enacted by National Assembly,


and


(ii) disbursing or administering moneys appropriated or to be


appropriated by the National Assembly.


(2) The powers conferred on the National Assembly under the provisions of


this section are exercisable only for the purpose of enabling it to -


(a) make laws with respect to any matter within its legislative


competence and correct any defects in existing laws; and


(b) expose corruption, inefficiency or waste in the execution or


administration of laws within its legislative competence and in the


disbursement or administration of funds appropriated by it.


89. (1) For the purposes of any investigation under section 88 of this


Constitutional and subject to the provisions thereof, the Senate or the


House of Representatives or a committee appointed in accordance with section


62 of this Constitution shall have power to -


(a) procure all such evidence, written or oral, direct or


circumstantial, as it may think necessary or desirable, and examine


all persons as witnesses whose evidence may be material or relevant to


the subject matter;


(b) require such evidence to be given on oath;


(c) summon any person in Nigeria to give evidence at any place or


produce any document or other thing in his possession or under his


control, and examine him as a witness and require him to produce any


document or other thing in his possession or under his control,


subject to all just exceptions; and


(d) issue a warrant to compel the attendance of any person who, after


having been summoned to attend, fails, refuses or neglects to do so


and does not excuse such failure, refusal or neglect to the


satisfaction of the House or the committee in question, and order him


to pay all costs which may have been occasioned in compelling his


attendance or by reason of his failure, refusal or neglect to obey the


summons, and also to impose such fine as may be prescribed for any


such failure, refused or neglect; and any fine so imposed shall be


recoverable in the same manner as a fine imposed by a court of law.


(2) A summons or warrant issued under this section may be served or


executed by any member of the Nigeria Police Force or by any person


authorised in that behalf by the President of the Senate or the Speaker of


the House of Representatives, as the case may require.


Back to Page One



Part II


House of Assembly of a State


A - Composition and Staff of House of Assembly


90. There shall be a House of Assembly for each of the States of the


Federation.


91. Subject to the provisions of this Constitution, a House of Assembly of a


State shall consist of three or four times the number of seats which that


State has in the House of Representatives divided in a way to reflect, as


far as possible nearly equal population:


Provided that a House of Assembly of a State shall consist of not less than


twenty-four and not more than forty members.


92. (1) There shall be a Speaker and a Deputy Speaker of a House of Assembly


who shall be elected by the members of the House from among themselves.


(2) The Speaker or Deputy Speaker of the House of Assembly shall vacate


his office -


(a) if he ceases to be a member of the House of Assembly otherwise


than by reason of the dissolution of the House;


(b) When the House first sits after any dissolution of House; or


(c) if he is removed from office by a resolution of House of Assembly


by the votes of not less than two-third majority of the members of the


House.


93. There shall be a Clerk to a House of Assembly and such other staff as


may be prescribed by a Law enacted by the House of Assembly, and the method


of appointment of the Clerk and other staff of the House shall be as


prescribed by that Law.


B - Procedure for Summoning and Dissolution of House of Assembly


94. (1) Every person elected to a House of Assembly shall before taking his


seat in that House, declare his assets and liabilities in the manner


prescribed in this Constitution and subsequently take and subscribe before


the Speaker of the House, the Oath of Allegiance and oath of membership


prescribed in the Seventh Schedule to this Constitution, but a member may,


before taking the oaths, take part in the election of the Speaker and Deputy


Speaker of the House of Assembly.


(2) The Speaker and Deputy Speaker of a House of Assembly shall declare


their assets and liabilities in the manner prescribed by this Constitution


and subsequently take and subscribe to the Oath of Allegiance and the oath


of membership prescribed as aforesaid before the Clerk of the House of


Assembly.


95. (1) At any sitting of a House of Assembly, the Speaker of that House


shall preside, and in his absence the Deputy Speaker shall preside.


(2) In the absence of the Speaker and Deputy Speaker of the House, such


member of the House as the House may elect for a purpose shall preside.


96. (1) The quorum of a House of Assembly shall be one-third of all the



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


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



thirty days thereof signify that he assents or that he withholds assent.


(5) Where the Governor withholds assent and the bill is again passed by


the House of Assembly by two-thirds majority, the bill shall become law


and the assent of the Governor shall not be required.


101. Subject to the provisions of this Constitution, a House of Assembly


shall have power to regulate its own procedure, including the procedure for


summoning and recess of the House.


102. A House of Assembly may act notwithstanding any vacancy in its


membership, and the presence or participation of any person not entitled to


be present at or to participate in the proceedings of the House shall not


invalidate such proceedings.


103. (1) A House of Assembly may appoint a committee of its members for any


special or general purpose as in its opinion would be better regulated and


managed by means of such a committee, and may by resolution, regulation or


otherwise as it thinks fit delegate any functions exercisable by it to any


such committee.


(2) The number of members of a committee appointed under this section,


their term of office and quorum shall be fixed by the House of Assembly.


(3) Nothing in this section shall be construed as authorising a House of


Assembly to delegate to a committee the power to decide whether a bill


shall be passed into Law or to determine any matter which it is empowered


to determine by resolution under the provisions of this Constitution, but


such a committee of the House may be authorised to make recommendations to


the House on any such matter.


104. A House of Assembly shall sit for a period of not less than one hundred


and eighty-one days in a year.


105. (1) A House of Assembly shall stand dissolved at the expiration of a


period of four years commencing from the date of the first sitting of the


House.


(2) If the Federation is at war in which the territory of Nigeria is


physically involved and the President considers that it is not practicable


to hold elections, the National Assembly may by resolution extend the


period of four years mentioned in subsection (1) of this section from time


to time but not beyond a period of six months at any one time.


(3) Subject to the provisions of this Constitution, the person elected as


the Governor of a State shall have power to issue a proclamation for the


holding of the first session of the House of Assembly of the State


concerned immediately after his being sworn in, or for its dissolution as


provided in this section.


C -Qualification for Membership of House of Assembly and Right of Attendance


106. Subject to the provisions of section 107 of this Constitution, a person


shall be qualified for election as a member of a House of Assembly if -


(a) he is a citizen of Nigeria;


(b) he has attained the age of thirty years;



(c) he has been educated up to at least the School Certificate level


or its equivalent; and


(d) he is a member of a political party and is sponsored by that


party.


107. (1) No person shall be qualified for election to a House of Assembly if


-


(a) subject to the provisions of Section 28 of this Constitution, he


has voluntarily acquired the citizenship of a country other than


Nigeria or, except in such cases as may be prescribed by the National


Assembly, has made a declaration of allegiance to such a country;


(b) under any law in force in any part of Nigeria, he is adjudged to


be a lunatic or otherwise declared to be of unsound mind;


(c) he is under a sentence of death imposed on him by any competent


court of law or tribunal in Nigeria or a sentence of imprisonment or


fine for an offence involving dishonesty or fraud (by whatever name


called) or any other offence imposed on him by such a court or


tribunal substituted by a competent authority for any other sentence


imposed on him by such a court or tribunal;


(d) within a period of less than ten years before the date of an


election to the House of Assembly, he has been convicted and sentenced


for an offence involving dishonesty or he has been found guilty of a


contravention of the Code of Conduct;


(e) he is an undischarged bankrupt, having been adjudged or otherwise


declared bankrupt under any law in force in any part of Nigeria;


(f) he is a person employed in the public service of the Federation or


of any State and he has not resigned, withdrawn or retired from such


employment thirty days before the date of election;


(g) he is a member of any secret society;


(h) he has been indicted for embezzlement or fraud by a Judicial


Commission of Inquiry or an Administrative Panel of Inquiry or a


Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of


Inquiry Law or any other law by the Federal and State Government which


indictment has been accepted by the Federal or State Government,


respectively; or


(i) he has presented a forged certificate to the Independent


National Electoral Commission.


(2) Where in respect of any person who has been -


(a) adjudged to be a lunatic;


(b) declared to be of unsound mind;


(c) sentenced to death or imprisonment; or


(d) adjudged or declared bankrupt,


any appeal against the decision is pending in any court of law in


accordance with any law in force in Nigeria, subsection (1) of this


section shall not apply during a period beginning from the date when


such appeal is lodged and ending on the date when the appeal is


finally determined or, as the case may be, the appeal lapses or is



abandoned, whichever is earlier.


(3) For the purposes of subsection (2) of this section, an "appeal"


includes any application for an injunction or an order of certiorari,


mandamus, prohibition or habeas corpus, or any appeal from any such


application.


108. (1) The Governor of a State may attend a meeting of a House of Assembly


of the State either to deliver an address on State affairs or to make such


statement on the policy of government as he may consider to be of importance


to the State.


(2) A Commissioner of the Government of a State shall attend the House of


Assembly of the State if invited to explain to the House of Assembly the


conduct of his Ministry, and in particular when the affairs of that


Ministry are under discussion.


(3) Nothing in this section shall enable any person who is not a member of


a House of Assembly to vote in that House or in any of its committees.


109. (1) A member of a House of Assembly shall vacate his seat in the House


if -


(a) he becomes a member of another legislative house;


(b) any other circumstances arise that, if he were not a member of


that House, would cause him to be disqualified for election as such a


member;


(c) he ceases to be a citizen of Nigeria;


(d) he becomes President, Vice-President, Governor, Deputy Governor or


a Minister of the Government of the Federation or a Commissioner of


the Government of a State or a Special Adviser;


(e) save as otherwise prescribed by this Constitution, he becomes a


member of a commission or other body established by this Constitution


or by any other law;


(f) without just cause he is absent from meetings of the House of


Assembly for a period amounting in the aggregate to more than


one-third of the total number of days during which the House meets in


any one year;


(g) being a person whose election to the House of Assembly was


sponsored by a political party, he becomes a member of another


political party before the expiration of the period for which that


House was elected:


Provided that his membership of the latter political party is not as a


result of a division in the political party of which he was previously


a member or of a merger of two or more political parties or factions


by one of which he was previously sponsored; or


(h) the Speaker of the House of Assembly receives a certificate under


the hand of the Chairman of the Independent National Electoral


Commission stating that the provisions of section 110 of this


Constitution have been complied with in respect of the recall of the


member.


(2) The Speaker of the House of Assembly shall give effect to subsection



(1) of this section, so however that the Speaker or a member shall first


present evidence satisfactory to the House that any of the provisions of


that subsection has become applicable in respect of the member.


(3) A member of a House of Assembly shall be deemed to be absent without


just cause from a meeting of the House of Assembly unless the person


presiding certifies in writing that he is satisfied that the absence of


the member from the meeting was for a just cause.


110. A member of the House of Assembly may be recalled as such a member if -


(a) there is presented to the Chairman of the Independent National


Electoral Commission a petition in that behalf signed by more than


one-half of the persons registered to vote in that members's


constituency alleging their loss of confidence in that member; and


(b) the petition is thereafter, in a referendum conducted by the


Independent National Electoral Commission within ninety days of the


date of the receipt of the petition, approved by a simple majority of


the votes of the persons registered to vote in that member's


constituency.


111. A member of the House of Assembly shall receive such salary and other


allowances as the Revenue Mobilisation Allocation and Fiscal Commission may


determine.


D - Elections to a House of Assembly


112. Subject to the provisions of sections 91 and 113 of this Constitution,


the Independent National Electoral Commission shall divide every state in


the federation into such number of state constituencies as is equal to three


or four times the number of Federal constituencies within that state.


113. The boundaries of each State constituency shall be such that the number


of inhabitants thereof is as nearly equal to the population quota as is


reasonably practicable.


114. (1) The Independent National Electoral Commission shall review the


division of every State into constituencies at intervals of not less than


ten years, and may alter such constituencies in accordance with the


provisions of this section to such extent as it may consider desirable in


the light of the review.


(2) The Independent National Electoral Commission may at any time carry


out such a review and alter the constituencies in accordance with the


provisions of this section to such extent as it considers necessary in


consequence of any alteration of the boundaries of the State or by reason


of the holding of a census of the population of Nigeria in pursuance of an


Act of the National Assembly.


115. Where the boundaries of any State constituency established under


section 112 of this Constitution are altered in accordance with the


provisions of section 114 of this Constitution, that alteration shall come



into effect after it has been approved by the National Assembly and after


the current life of the House of Assembly.


116. (1) Elections to a House of Assembly shall be held on a date to be


appointed by the Independent National Electoral Commission.


(2) The date mentioned in subsection (1) of this section shall not be


earlier than sixty days before and not later than the date on which the


House of Assembly stands dissolved, or where the election is to fill a


vacancy occurring more than three months before such date, not later than


one month after the vacancy occurred.


117. (1) Subject to the provisions of this Constitution, every State


constituency established in accordance with the provisions of this part of


this Chapter shall return one member who shall be directly elected to a


House of Assembly in such manner as may be prescribed by an Act of the


National Assembly.


(2) Every citizen of Nigeria, who has attained the age of eighteen years


residing in Nigeria at the time of the registration of voters for purposes


of election to any legislative house, shall be entitled to be registered


as a voter for that election.


118. The registration of voters and the conduct of elections shall be


subject to the direction and supervision of the Independent National


Electoral Commission.


119. The National Assembly shall make provisions as respects -


(a) persons who may apply to an election tribunal for the


determination of any question as to whether -


(i) any person has been validly elected as a member of a House of


Assembly,


(ii) the term of office of any person has ceased, or


(iii) the seat in a House of Assembly of a member of that House has


become vacant;


(b) circumstances and manner in which, and the conditions upon which,


such application may be made; and


(c) powers, practice and procedure of the election tribunal in


relation to any such application.


E - Powers and Control over Public Funds


120. (1) All revenues or other moneys raised or received by a State (not


being revenues or other moneys payable under this Constitution or any Law of


a House of Assembly into any other public fund of the State established for


a specific purpose) shall be paid into and form one Consolidated Revenue


Fund of the State.


(2) No moneys shall be withdrawn from the Consolidated Revenue Fund of the


State except to meet expenditure that is charged upon the Fund by this


Constitution or where the issue of those moneys has been authorised by an


Appropriation Law, Supplementary Appropriation Law or Law passed in


pursuance of section 121 of this Constitution.



(3) No moneys shall be withdrawn from any public fund of the State, other


than the Consolidated Revenue Fund of the State, unless the issue of those


moneys has been authorised by a Law of the House of Assembly of the State.


(4) No moneys shall be withdrawn from the Consolidated Revenue Fund of the


State or any other public fund of the State except in the manner


prescribed by the House of Assembly.


121. (1) The Governor shall cause to be prepared and laid before the House


of Assembly at any time before the commencement of each financial year


estimates of the revenues and expenditure of the State for the next


following financial year.


(2) The heads of expenditure contained in the estimates, other than


expenditure charged upon the Consolidated Revenue Fund of the State by


this Constitution, shall be included in a bill, to be known as an


Appropriation Bill, providing for the issue from the Consolidated Revenue


Fund of the State of the sums necessary to meet that expenditure and the


appropriation of those sums for the purposes specified therein.


(3) Any amount standing to the credit of the judiciary in the Consolidated


Revenue Fund of the State shall be paid directly to the heads of the


courts concerned.


(4) If in respect of any financial year, it is found that -


(a) the amount appropriated by the Appropriation Law for any purpose


is insufficient; or


(b) a need has arisen for expenditure for a purpose for which no


amount has been appropriated by the Law,


a supplementary estimate showing the sums required shall be laid


before the House of Assembly and the heads of any such expenditure


shall be included in a Supplementary Appropriation Bill.


122. If the Appropriation Bill in respect of any financial year has not been


passed into Law by the beginning of the financial year, the Governor may


authorise the withdrawal of moneys from the Consolidated Revenue Fund of the


State for the purpose of meeting expenditure necessary to carry on the


services of the government for a period not exceeding six months or until


the coming into operation of the Law, whichever is the earlier:


Provided that the withdrawal in respect of any such period shall not exceed


the amount authorised to be withdrawn from the Consolidated Revenue Fund of


the State under the provisions of the Appropriation Law passed by the House


of Assembly for the corresponding period in the immediately preceding


financial year, being an amount proportionate to the total amount so


authorised for the immediately preceding financial year.


123. (1) A House of Assembly may by Law make provisions for the


establishment of a Contingencies Fund for the State and for authorising the


Governor, if satisfied that there has arisen an urgent and unforeseen need


for expenditure for which no other provision exists, to make advances from


the Fund to meet that need.


(2) Where any advance is made in accordance with the provisions of this



section, a Supplementary Estimate shall be presented and a Supplementary


Appropriation Bill shall be introduced as soon as possible for the purpose


of replacing the amount so advanced.


124. (1) There shall be paid to the holders of the offices mentioned in this


section such remuneration and salaries as may be prescribed by a House of


Assembly, but not exceeding the amount as shall have been determined by the


Revenue Mobilisation Allocation and Fiscal Commission.


(2) The remuneration, salaries and allowances payable to the holders of


the offices so mentioned shall be charged upon the Consolidated Revenue


Fund of the State.


(3) The remuneration and salaries payable to the holders of the said


offices and their conditions of service, other than allowances, shall not


be altered to their disadvantage after their appointment.


(4) The offices aforesaid are the offices of Governor, Deputy Governor,


Auditor-General for a State and the Chairman and members of the following


bodies, that is to say, the State Civil Service Commission, the State


Independent Electoral Commission and the State Judicial Service


Commission.


(5) Provisions may be made by a Law of a House of Assembly for the grant


of a pension or gratuity to or in respect of a person who had held office


as Governor or Deputy Governor and was not removed from office as a result


of impeachment; and any pension granted by virtue of any provisions made


in pursuance of this subsection shall be a charge upon the Consolidated


Revenue Fund of the State.


125. (1) There shall be an Auditor-General for each State who shall be


appointed in accordance with the provisions of section 126 of this


Constitution.


(2) The public accounts of a State and of all offices and courts of the


State shall be audited by the Auditor-General for the State who shall


submit his reports to the House of Assembly of the State concerned, and


for that purpose the Auditor-General or any person authorised by him in


that behalf shall have access to all the books, records, returns and other


documents relating to those accounts.


(3) Nothing in subsection (2) of this section shall be construed as


authorising the Auditor-General to audit the accounts of or appoint


auditors for government statutory corporations, commissions, authorities,


agencies, including all persons and bodies established by Law by the


Auditor-General shall -


(a) provide such bodies with -


(i) a list of auditors qualified to be appointed by them as external


auditors and from which the bodies shall appoint their external


auditors, and


(ii) a guideline on the level of fees to be paid to external


auditors; and


(b) comment on their annual accounts and auditor's report thereon.


(4) The Auditor-General for the State shall have power to conduct periodic



checks of all government statutory corporations, commissions, authorities,


agencies, including all persons and bodies established by a law of the


House of Assembly of the State.


(5) The Auditor-General for a State shall, within ninety days of receipt


of the Accountant-General's financial statement and annual accounts of the


State, submit his report to the House of Assembly of the State and the


House shall cause the report to be considered by a committee of the House


responsible for public accounts.


(6) In the exercise of his functions under this Constitution, the


Auditor-General for a State shall not be subject to the direction or


control of any other authority or person.


126. (1) The Auditor-General for a State shall be appointed by the Governor


of the State on the recommendation of the State Civil Service Commission


subject to confirmation by the House of Assembly of the State.


(2) The power to appoint persons to act in the office of the


Auditor-General for a State shall vest in the Governor.


(3) Except with the sanction of a resolution of the House of Assembly of a


State, no person shall act in the office of the Auditor-General for a


State for a period exceeding six months.


127. (1) A person holding the office of Auditor-General under section 126


(1) of this Constitution shall be removed from office by the Governor of the


State acting on an address supported by two-thirds majority of the House of


Assembly praying that he be so removed for inability to discharge the


functions of his office (whether arising from infirmity of mind or body or


any other cause) or for misconduct.


(2) An Auditor-General shall not been removed from office before such


retiring age as may be prescribed by Law, save in accordance with the


provisions of this section.


128. (1) Subject to the provisions of this Constitution, a House of Assembly


shall have power by resolution published in its journal or in the Office


Gazette of the Government of the State to direct or cause to be directed an


inquiry or investigation into -


(a) any matter or thing with respect to which it has power to make


laws; and


(b) the conduct of affairs of any person, authority, ministry or


government department charged, or intended to be charged, with the


duty of or responsibility for -


(i) executing or administering laws enacted by that House of


Assembly, and


(ii) disbursing or administering moneys appropriated or to be


appropriated by such House.


(2) The powers conferred on a House of Assembly under the provisions of


this section are exercisable only for the purpose of enabling the House to


-


(a) make laws with respect to any matter within its legislative


competence and correct any defects in existing laws; and



(b) expose corruption, inefficiency of waste in the execution or


administration of laws within its legislative competence and in the


disbursement or administration of funds appropriated by it.


129. (1) For the purposes of any investigation under section 128 of this


Constitution, and subject to the provisions thereof, a House of Assembly or


a committee appointed in accordance with section 103 of this Constitution


shall have power to -


(a) procure all such evidence, written or oral, direct or


circumstantial, as it may think necessary or desirable, and examine


all persons as witnesses whose evidence may be material or relevant to


the subject matter;


(b) require such evidence to be given on oath;


(c) summon any person in Nigeria to give evidence at any place or


produce any document or other thing in his possession or under his


control, and examine him as a witness and require him to produce any


document or other thing in his possession or under his control,


subject to all just exceptions; and


(d) issue a warrant to compel the attendance of any person who, after


having been summoned to attend, fails, refuses or neglects to do so


and does not excuse such failure, refusal or neglect to the


satisfaction of the House of Assembly or the committee, and order him


to pay all costs which may have been occasioned in compelling his


attendance or by reason of his failure, refusal or neglect to obey the


summons and also to impose such fine as may be prescribed for any such


failure, refusal or neglect; and any fine so imposed shall be


recoverable in the same manner as a fine imposed by a court of law.


(2) A summons or warrant issued under this section may be served or


executed by any member of the Nigeria Police Force or by any person


authorised in that behalf by the Speaker of the House of Assembly of the


State.


Back to Page One


Chapter VI


The Executive


Part I


Federal Executive


A - The President of the Federation


130. (1) There shall be for the Federation a President.


(2) The President shall be the Head of State, the Chief Executive of the


Federation and Commander-in-Chief of the Armed Forces of the Federation.



131. A person shall be qualified for election to the office of the President


if -


(a) he is a citizen of Nigeria by birth;


(b) he has attained the age of forty years;


(c) he is a member of a political party and is sponsored by that


political party; and


(d) he has been educated up to at least School Certificate level or


its equivalent.


132. (1) An election to the office of President shall be held on a date to


be appointed by the Independent National Electoral Commission.


(2) An election to the said office shall be held on a date not earlier


than sixty days and not later than thirty days before the expiration of


the term of office of the last holder of that office.


(3) Where in an election to the office of President one of the two or more


candidates nominated for the election is the only candidate after the


close of nomination, by reason of the disqualification, withdrawal,


incapacitation, disappearance or death of the other candidates, the


Independent National Electoral Commission shall extend the time for


nomination.


(4) For the purpose of an election to the office of President, the whole


of the Federation shall be regarded as one constituency.


(5) Every person who is registered to vote at an election of a member of a


legislative house shall be entitled to vote at an election to the office


of President.


133. A candidate for an election to the office of President shall be deemed


to have been duly elected to such office where, being the only candidate


nominated for the election -


(a) he has a majority of YES votes over NO votes cast at the election;


and


(b) he has not less than one-quarter of the votes cast at the election


in each of at least two-thirds of all the States in the Federation and


the Federal Capital Territory, Abuja


134. (1) A candidate for an election to the office of President shall be


deemed to have be been duly elected, where, there being only two candidates


for the election -


(a) he has the majority of votes cast at the election; and


(b) he has not less than one-quarter of the votes cast at the election


in each of at least two-thirds of all the States in the Federation and


the Federal Capital Territory, Abuja.


(2) A candidate for an election to the office of President shall be deemed


to have been duly elected where, there being more than two candidates for


the election-


(a) he has the highest number of votes cast at the election;


and


(b) he has not less than one-quarter of the votes cast at the election


each of at least two-thirds of all the States in the Federation and



the Federal Capital Territory, Abuja.


(3) In a default of a candidate duly elected in accordance with subsection


(2) of this section their shall be a second election in accordance with


subsection (4) of this section at which the only candidate shall be -


(a) the candidate who scored the highest number of votes at any


election held in accordance with the said subsection (2) of this


section; and


(b) one among the remaining candidates who has a majority of votes in


the highest number of States, so however that where there are more


than one candidate with majority of votes in the highest number of


States, the candidate among them with the highest total of votes cast


at the election shall be the second candidate for the election.


(4) In default of a candidate duly elected under the foregoing


subsections, the Independent National Electoral Commission shall within


seven days of the result of the election held under the said subsections,


arrange for an election between the two candidates and a candidate at such


election shall be deemed elected to the office of President if -


(a) he has a majority of votes cast at the election; and


(b) he has not less than one-quarter of the votes cast at the election


in each of at least two-thirds of all the States in the Federation and


the Federal Capital Territory, Abuja


(5) In default of a candidate duly elected under subsection (4) of this


section, the Independent National Electoral Commission shall, within seven


days of the result of the election held under the aforesaid subsection


(4), arrange for another election between the two candidates to which the


subsection relates and a candidate at such election shall be deemed to


have been duly elected to the office of President, if he has a majority of


the votes cast at the election.


135. (1) Subject to the provisions of this Constitution, a person shall hold


the office of President until -


(a) when his successor in office takes the oath of that office;


(b) he dies whilst holding such office; or


(c) the date when his resignation from office takes effect;


or


(d) he otherwise ceases to hold office in accordance with the


provisions of this Constitution.


(2) Subject to the provisions of subsection (1) of this section, the


President shall vacate his office at the expiration of a period of four


years commencing from the date, when -


(a) in the case of a person first elected as President under this


Constitution, he took the Oath of Allegiance and the oath of office;


and


(b) in any other case, the person last elected to that office under


this Constitution took the Oath of Allegiance and oath of office or


would, but for his death, have taken such Oaths.


(3) If the Federation is at war in which the territory of Nigeria is



physically involved and the President considers that it is not practicable


to hold elections, the National Assembly may by resolution extend the


period of four years mentioned in subsection (2) of this section from time


to time; but no such extension shall exceed a period of six months at any


one time.


136. (1) If a person duly elected as President dies before taking and


subscribing the Oath of Allegiance and oath of office, or is for any reason


whatsoever unable to be sworn in, the person elected with him as


Vice-President shall be sworn in as President and he shall nominate a new


Vice-President who shall be appointed by the President with the approval by


a simple majority of the National Assembly at a joint sitting.


(2) Where the persons duly elected as President and Vice President die or


are unable for any reason whatsoever to assume office before the


inauguration of the National Assembly, the Independent National Electoral


Commission shall immediately conduct an election for a President and the


Vice-President.


137. (1) A person shall not be qualified for election to the office of


President if -


(a) subject to the provisions of section 28 of this Constitution, he


has voluntarily acquired the citizenship of a country other than


Nigeria or, except in such cases as may be prescribed by the National


Assembly, he has made a declaration of allegiance to such other


country; or


(b) he has been elected to such office at any two previous elections;


or


(c) under the law in any part of Nigeria, he is adjudged to be a


lunatic or otherwise declared to be of unsound mind;


or


(d) he is under a sentence of death imposed by any competent court of


law or tribunal in Nigeria or a sentence of imprisonment or fine for


any offence involving dishonesty or fraud (by whatever name called) or


for any other offence, imposed on him by any court or tribunal or


substituted by a competent authority for any other sentence imposed on


him by such a court or tribunal; or


(e) within a period of less than ten years before the date of the


election to the office of President he has been convicted and


sentenced for an offence involving dishonesty or he has been found


guilty of the contravention of the Code of Conduct; or


(f) he is an undischarged bankrupt, having been adjudged or otherwise


declared bankrupt under any law in force in Nigeria or any other


country; or


(g) being a person employed in the civil or public service of the


Federation or of any State, he has not resigned, withdrawn or retired


from the employment at least thirty days before the date of the


election; or


(h) he is a member of any secret society; or



(i) he has been indicted for embezzlement or fraud by a Judicial


Commission of Inquiry or an Administrative Panel of Inquiry or a


Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of


Inquiry Law or any other law by the Federal or State Government which


indictment has been accepted by the Federal or State Government,


respectively; or


(j) he has presented a forged certificate to the Independent National


Electoral Commission.


(2) Where in respect of any person who has been -


(a) adjudged to be a lunatic;


(b) declared to be of unsound mind;


(c) sentenced to death or imprisonment; or


(d) adjudged or declared bankrupt


(e) any appeal against the decision is pending in any court of law in


accordance with any law in force in Nigeria, subsection (1) of this


section shall not apply during a period beginning from the date when


such appeal is lodged and ending on the date when the appeal is


finally determined or, as the case may be, the appeal lapses or is


abandoned, whichever is earlier.


138. The President shall not, during his tenure of office, hold any other


executive office or paid employment in any capacity whatsoever.


139. The National Assembly shall by an Act make provisions as respects -


(a) persons who may apply to the Court of Appeal for the determination


of any question as to whether;


(i) any person has been validly elected to the office of President


or Vice-President


(ii) the term of office of the President or Vice President has


cease, or


(iii) the office of the President or Vice-President has become


vacant


(b) circumstances and manner in which, and the conditions upon which


such application may be made; and


(c) powers, practice and procedure of the Court of Appeal in relation


to any such application.


140. (1) A person elected to the office of President shall not begin to


perform the functions of that office until he has declared his assets and


liabilities as prescribed in this Constitution and he has taken and


subscribed the Oath of Allegiance and the oath of office prescribed in the


Seventh Schedule to this Constitution.


(2) The oaths aforesaid shall be administered by the Chief Justice of


Nigeria or the person for the time being appointed to exercise the


functions of that office.


141. There shall be for the Federation a Vice-President.


142. (1) In any election to which the foregoing provisions of this Part of


this Chapter relate, a candidate for an election to the office of President


shall not be deemed to be validly nominated unless he nominates another



candidate as his associate from the same political party for his running for


the office of President, who is to occupy the office of Vice-President and


that candidate shall be deemed to have been duly elected to the office of


Vice-President if the candidate for an election to the office of President


who nominated him as such associate is duly elected as President in


accordance with the provisions aforesaid.


(2) The provisions of this Part of this Chapter relating to qualification


for election, tenure of office, disqualification, declaration of assets


and liabilities and oaths of President shall apply in relation to the


office of Vice-President as if references to President were references to


Vice-President.


143. (1) The President or Vice-President may be removed from office in


accordance with the provisions of this section.


(2) Whenever a notice of any allegation in writing signed by not less than


one-third of the members of the National Assembly:-


(a) is presented to the President of the Senate;


(b) stating that the holder of the office of President or


Vice-President is guilty of gross misconduct in the performance of the


functions of his office, detailed particulars of which shall be


specified,


the President of the Senate shall within seven days of the receipt of


the notice cause a copy thereof to be served on the holder of the


office and on each member of the National Assembly, and shall also


cause any statement made in reply to the allegation by the holder of


the office to be served on each member of the National Assembly.


(3) Within fourteen days of the presentation of the notice to the


President of the Senate (whether or not any statement was made by the


holder of the office in reply to the allegation contained in the notice)


each House of the National Assembly shall resolve by motion without any


debate whether or not the allegation shall be investigated.


(4) A motion of the National Assembly that the allegation be investigated


shall not be declared as having been passed, unless it is supported by the


votes of not less than two-thirds majority of all the members of each


House of the National Assembly.


(5) Within seven days of the passing of a motion under the foregoing


provisions, the Chief Justice of Nigeria shall at the request of the


President of the Senate appoint a Panel of seven persons who in his


opinion are of unquestionable integrity, not being members of any public


service, legislative house or political party, to investigate the


allegation as provide in this section.


(6) The holder of an office whose conduct is being investigated under this


section shall have the right to defend himself in person and be


represented before the Panel by legal practitioners of his own choice.


(7) A Panel appointed under this section shall -


(a) have such powers and exercise its functions in accordance with


such procedure as may be prescribed by the National Assembly; and



(b) within three months of its appointment report its findings to each


House of the National Assembly.


(8) Where the Panel reports to each House of the National Assembly that


the allegation has not been proved, no further proceedings shall be taken


in respect of the matter.


(9) Where the report of the Panel is that the allegation against the


holder of the office has been proved, then within fourteen days of the


receipt of the report at the House the National Assembly shall consider


the report, and if by a resolution of each House of the National Assembly


supported by not less than two-thirds majority of all its members, the


report of the Panel is adopted, then the holder of the office shall stand


removed from office as from the date of the adoption of the report.


(10) No proceedings or determination of the Panel or of the National


Assembly or any matter relating thereto shall be entertained or questioned


in any court.


(11) In this section -


"gross misconduct" means a grave violation or breach of the provisions of


this Constitution or a misconduct of such nature as amounts in the opinion


of the National Assembly to gross misconduct.


144. (1) The President or Vice-President shall cease to hold office, if -


(a) by a resolution passed by two-thirds majority of all the members


of the executive council of the Federation it is declared that the


President or Vice-President is incapable of discharging the functions


of his office; and


(b) the declaration is verified, after such medical examination as may


be necessary, by a medical panel established under subsection (4) of


this section in its report to the President of the Senate and the


Speaker of the House of Representatives.


(2) Where the medical panel certifies in the report that in its opinion


the President or Vice-President is suffering from such infirmity of body


or mind as renders him permanently incapable of discharging the functions


of his office, a notice thereof signed by the President of the Senate and


the Speaker of the House of Representatives shall be published in the


Official Gazette of the Government of the Federation.


(3) The President or Vice-President shall cease to hold office as from the


date of publication of the notice of the medical report pursuant to


subsection (2) of this section.


(4) the medical panel to which this section relates shall be appointed by


the President of the Senate, and shall comprise five medical practitioners


in Nigeria:-


(a) one of whom shall be the personal physician of the holder of the


office concerned; and


(b) four other medical practitioners who have, in the opinion of the


President of the Senate, attained a high degree of eminence in the


field of medicine relative to the nature of the examination to be


conducted in accordance with the foregoing provisions.



(5) In this section, the reference to "executive council of the


Federation" is a reference to the body of Ministers of the Government of


the Federation, howsoever called, established by the President and charged


with such responsibilities for the functions of government as the


President may direct.


145. Whenever the President transmits to the President of the Senate and the


Speaker of the House of Representatives a written declaration that he is


proceeding on vacation or that he is otherwise unable to discharge the


functions of his office, until he transmits to them a written declaration to


the contrary such functions shall be discharged by the Vice-President as


Acting President.


146. (1) The Vice-President shall hold the office of President if the office


of President becomes vacant by reason of death or resignation, impeachment,


permanent incapacity or the removal of the President from office for any


other reason in accordance with section 143 of this Constitution.


(2) Where any vacancy occurs in the circumstances mentioned in subsection


(1) of this section during a period when the office of Vice-President is


also vacant, the President of the Senate shall hold the office of


President for a period of not more than three months, during which there


shall be an election of a new President, who shall hold office for the


unexpired term of office of the last holder of the office.


(3) Where the office of Vice-President becomes vacant:-


(a) by reason of death or resignation, impeachment, permanent


incapacity or removal in accordance with section 143 or 144 of this


Constitution;


(b) by his assumption of the office of President in accordance with


subsection (1) of this section; or


(c) for any other reason,


the President shall nominate and, with the approval of each House of


the National Assembly, appoint a new Vice-President.


147. (1) There shall be such offices of Ministers of the Government of the


Federation as may be established by the President.


(2) Any appointment to the office of Minister of the Government of the


Federation shall, if the nomination of any person to such office is


confirmed by the Senate, be made by the President.


(3) Any appointment under subsection (2) of this section by the President


shall be in conformity with the provisions of section 14(3) of this


Constitution:-


provided that in giving effect to the provisions aforesaid the President


shall appoint at least one Minister from each State, who shall be an


indigene of such State.


(4) Where a member of the National Assembly or of a House of Assembly is


appointed as Minister of the Government of the Federation, he shall be


deemed to have resigned his membership of the National Assembly or of the


House of Assembly on his taking the oath of office as Minister.


(5) No person shall be appointed as a Minister of the Government of the



Federation unless he is qualified for election as a member of the House of


Representatives.


(6) An appointment to any of the offices aforesaid shall be deemed to have


been made where no return has been received from the Senate within


twenty-one working days of the receipt of nomination by the Senate.


148. (1) The President may, in his discretion, assign to the Vice-President


or any Minister of the Government of the Federation responsibility for any


business of the Government of the Federation, including the administration


of any department of government.


(2) The President shall hold regular meetings with the Vice-President and


all the Ministers of the Government of the Federation for the purposes of


-


(a) determining the general direction of domestic and foreign policies


of the Government of the Federation;


(b) co-ordinating the activities of the President, the Vice-President


and the Ministers of the Government of the Federation in the discharge


of their executive responsibilities; and


(c) advising the President generally in discharge of his executive


functions other than those functions with respect to which he is


required by this Constitution to seek the advice or act on the


recommendation of any other person or body.


149. A Minister of the Government of the Federation shall not enter upon the


duties of his office, unless he has declared his assets and liabilities as


prescribed in this Constitution and has subsequently taken and subscribed


the Oath of Allegiance and the oath of office for the due execution of the


duties of his office prescribed in the Seventh Schedule to this


Constitution.


150. (1) There shall be an Attorney-General of the Federation who shall be


the Chief Law Officer of the Federation and a Minister of the Government of


the Federation.


(2) A person shall not be qualified to hold or perform the functions of


the office of the Attorney-General of the Federation unless he is


qualified to practise as a legal practitioner in Nigeria and has been so


qualified for not less than ten years.


151. (1) The President may appoint any person as a Special Adviser to assist


him in the performance of his functions.


(2) The number of such Advisers and their remuneration and allowances shall


be as prescribed by law or by resolution of the National Assembly.


(3) Any appointment made pursuant to the provisions of this section shall be


at the pleasure of the President and shall cease when the President ceases


to hold office.


152. A person appointed as Special Adviser under section 151 of this


Constitution shall not begin to perform the functions of his office until he


has declared his assets and liabilities as prescribed in this Constitution


and has subsequently taken and subscribed the Oath of Allegiance and oath of


office prescribed in the Seventh Schedule to this Constitution.



Back to Page One


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.


Back to Page One


C - Public Revenue


162. (1) The Federation shall maintain a special account to be called "the


Federation Account" into which shall be paid all revenues collected by the


Government of the Federation, except the proceeds from the personal income


tax of the personnel of the armed forces of the Federation, the Nigeria


Police Force, the Ministry or department of government charged with


responsibility for Foreign Affairs and the residents of the Federal Capital


Territory, Abuja.


(2) The President, upon the receipt of advice from the Revenue


Mobilisation Allocation and Fiscal Commission, shall table before the


National Assembly proposals for revenue allocation from the Federation


Account, and in determining the formula, the National Assembly shall take


into account, the allocation principles especially those of population,


equality of States, internal revenue generation, land mass, terrain as


well as population density;


Provided that the principle of derivation shall be constantly reflected in


any approved formula as being not less than thirteen per cent of the


revenue accruing to the Federation Account directly from any natural


resources.


(3) Any amount standing to the credit of the Federation Account shall be


distributed among the Federal and State Governments and the local


government councils in each State on such terms and in such manner as may


be prescribed by the National Assembly.


(4) Any amount standing to the credit of the States in the Federation


Account shall be distributed among the States on such terms and in such


manner as may be prescribed by the National Assembly.


(5) The amount standing to the credit of local government councils in the


Federation Account shall also be allocated to the State for the benefit of


their local government councils on such terms and in such manner as may be


prescribed by the National Assembly.


(6) Each State shall maintain a special account to be called "State Joint


Local Government Account" into which shall be paid all allocations to the


local government councils of the State from the Federation Account and


from the Government of the State.


(7) Each State shall pay to local government councils in its area of


jurisdiction such proportion of its total revenue on such terms and in


such manner as may be prescribed by the National Assembly.



(8) The amount standing to the credit of local government councils of a


State shall be distributed among the local government councils of that


State on such terms and in such manner as may be prescribed by the House


of Assembly of the State.


(9) Any amount standing to the credit of the judiciary in the Federation


Account shall be paid directly to the National Judicial Councils for


disbursement to the heads of courts established for the Federation and the


States under section 6 of this Constitution.


(10) For the purpose of subsection (1) of this section, "revenue" means


any income or return accruing to or derived by the Government of the


Federation from any source and includes -


(a) any receipt, however described, arising from the operation of any


law;


(b) any return, however described, arising from or in respect of any


property held by the Government of the Federation;


(c) any return by way of interest on loans and dividends in respect of


shares or interest held by the Government of the Federation in any


company or statutory body.


163. Where under an Act of the National Assembly, tax or duty is imposed in


respect of any of the matters specified in item D of Part II of the Second


Schedule to this Constitution, the net proceeds of such tax or duty shall be


distributed among the States on the basis of derivation and accordingly -


(a) where such tax or duty is collected by the Government of a State


or other authority of the State, the net proceeds shall be treated as


part of the Consolidated Revenue Fund of that State;


(b) where such tax or duty is collected by the Government of the


Federation or other authority of the Federation, there shall be paid


to each State at such times as the National Assembly may prescribe a


sum equal to the proportion of the net proceeds of such tax or duty


that are derived from that State.


164. (1) The Federation may make grants to a State to supplement the revenue


of that State in such sum and subject to such terms and conditions as may be


prescribed by the National Assembly.


(2) The Federation may make external grants to a foreign State or any


international body in furtherance of the foreign policy objectives of


Nigeria in such sum and subject to such terms and conditions as may be


prescribed by the National Assembly.


165. Each State shall, in respect of each financial year, pay to the


Federation an amount equal to such part of the expenditure incurred by the


Federation during that financial year for the purpose of collection of taxes


or duties which are wholly or partly payable to the State pursuant to the


provisions of this Part of this Chapter or of any Act of the National


Assembly as is proportionate to the share of the proceeds of those taxes or


duties received by the State in respect of that financial year.


166. (1) Any payment that is required by this Part of this Chapter to be


made by the Federation to a State may be set-off by the Federation in or



towards payment of any sum that is due from that State to the Federation in


respect of any loan made by the Federation to that State.


(2) The right of set-off conferred by subsection (1) of this section shall


be without prejudice to any other right of the Federation to obtain


payment of any sum due to the Federation in respect of any loan.


167. Any payment that is required by this Part of this Chapter to be made by


the Federation to a State shall be a charge upon the Consolidated Revenue


Fund of the Federation and any payment that is so required to be made by a


State to the Federation shall be a charge upon the Consolidated Revenue Fund


of that State.


189. (1) Where any payment falls to be made under this Part of this Chapter,


the amount payable shall be certified by the Auditor-General for the


Federation;


Provided that a provisional payment may be made before the Auditor-General


has given his certificate.


(2) The National Assembly may prescribe the time at and manner in which


any payment falling to be made under this Part of this Chapter shall be


effected and provide for the making of adjustments and provisional


payment.


D - The Public Service of the Federation


169. There shall be a civil service of the Federation.


170. Subject to the provisions of this Constitution, the Federal Civil


Service Commission may, with the approval of the President and subject to


such conditions as it may deem fit, delegate any of the powers conferred


upon it by this Constitution to any of its members or to any officer in the


civil service of the Federation.


171. (1) Power to appoint persons to hold or act in the offices to which


this section applies and to remove persons so appointed from any such office


shall vest in the President.


(2) The offices to which this section applies are, namely -


(a) Secretary to the Government of the Federation;


(b) Head of the Civil Service of the Federation;


(c) Ambassador, High Commissioner or other Principal Representative of


Nigeria abroad;


(d) Permanent Secretary in any Ministry or Head of any


Extra-Ministerial Department of the Government of the Federation


howsoever designated; and


(e) any office on the personal staff of the President.


(3) An appointment to the office of the Head of the Civil Service of the


Federation shall not be made except from among Permanent Secretaries or


equivalent rank in the civil service of the Federation or of a State.


(4) An appointment to the office of Ambassador, High Commissioner or other


Principal Representative of Nigeria abroad shall not have effect unless



the appointment is confirmed by the Senate.


(5) In exercising his powers of appointment under this section, the


President shall have regard to the federal character of Nigeria and the


need to promote national unity.


(6) Any appointment made pursuant to paragraphs (a) and (e) of subsection


(2) of this section shall be at the pleasure of the President and shall


cease when the President ceases to hold office;


Provided that where a person has been appointed from a public service of


the Federation or a State, he shall be entitled to return to the public


service of the Federation or of the State when the President ceases to


hold office.


172. A person in the public service of the Federation shall observe and


conform to the Code of Conduct.


173. (1) Subject to the provisions of this Constitution, the right of a


person in the public service of the Federation to receive pension or


gratuity shall be regulated by law.


(2) Any benefit to which a person is entitled in accordance with or under


such law as is referred to in subsection (1) of this section shall not be


withheld or altered to his disadvantage except to such extent as is


permissible under any law, including the Code of Conduct.


(3) Pensions shall be reviewed every five years or together with any


Federal civil service salary reviews, whichever is earlier.


(4) Pensions in respect of service in the public service of the Federation


shall not be taxed.


174. (1) The Attorney-General of the Federation shall have power -


(a) to institute and undertake criminal proceedings against any person


before any court of law in Nigeria, other than a court-martial, in


respect of any offence created by or under any Act of the National


Assembly;


(b) to take over and continue any such criminal proceedings that may


have been instituted by any other authority or person; and


(c) to discontinue at any stage before judgement is delivered any such


criminal proceedings instituted or undertaken by him or any other


authority or person.


(2) The powers conferred upon the Attorney-General of the Federation under


subsection (1) of this section may be exercised by him in person or


through officers of his department.


(3) In exercising his powers under this section, the Attorney-General of


the Federation shall have regard to the public interest, the interest of


justice and the need to prevent abuse of legal process.


175. (1) The President may -


(a) grant any person concerned with or convicted of any offence


created by an Act of the National Assembly a pardon, either free or


subject to lawful conditions;


(b) grant to any person a respite, either for an indefinite or for a


specified period, of the execution of any punishment imposed on that



person for such an offence;


(c) substitute a less severe form of punishment for any punishment


imposed on that person for such an offence; or


(d) remit the whole or any part of any punishment imposed on that


person for such an offence or of any penalty or forfeiture otherwise


due to the State on account of such an offence.


(2) The powers of the President under subsection (1) of this section shall


be exercised by him after consultation with the Council of State.


(3) The President, acting in accordance with the advice of the Council of


State, may exercise his powers under subsection (1) of this section in


relation to persons concerned with offences against the army, naval or


air-force law or convicted or sentenced by a court-martial.


Back to Page One


Part II


State Executive


A - Governor of a State


176. (1) There shall be for each State of the Federation a Governor.


(2) The governor of a shall be the Chief Executive of that state


177. A person shall be qualified for election to the office of Governor of a


State if


(a) he is a citizen of Nigeria by birth;


(b) he has attained the age of thirty-five years;


(c) he is a member of a political party and is sponsored by that


political party; and


(d) he has been educated up to at least School Certificate level or


its equivalent.


178. (1) An election to the office of Governor of a State shall be held on a


date to be appointed by the Independent National Electoral Commission.


(2) An election to the office of Governor of a State shall be held on a


date not earlier than sixty days and not later than thirty days before the


expiration of the term of office of the last holder of that office.


(3) Where in an election to the office of Governor of a State one of the


two or more candidates nominated for the election is the only candidate


after the close of nomination, by reason of the disqualification,


withdrawal, incapacitation, disappearance or death of the other


candidates, the Independent National Electoral Commission shall extend the


time for nomination.


(4) For the purpose of an election under this section a State shall be


regarded as one constituency.


(5) Every person who is registered to vote at an election of a member of a


legislative house shall be entitled to vote at an election to the office



of Governor of a State.


179. (1) A candidate for an election to the office of Governor of a State


shall be deemed to have been duly elected to such office where, being the


only candidate nominated for the election-


(a) he has a majority of YES votes over NO votes cast at the election;


and


(b) he has not less than one-quarter of the votes cast at the election


in each of at least two-thirds of all the local government areas in


the State,


but where the only candidate fails to be elected in accordance with


this subsection, then there shall be fresh nominations.


(2) A candidate for an election to the office of Governor of a State shall


be deemed to have been duly elected where, there being two or more


candidates -


(a) he has the highest number of votes cast at the election; and


(b) he has not less than one-quarter of all the votes cast in each of


at least two-thirds of all the local government areas in the State.


(3) In default of a candidate duly elected in accordance with subsection


(2) of this section there shall be a second election in accordance with


subsection (4) of this section at which the only candidates shall be -


(a) the candidate who secured the highest number of votes cast at the


election; and


(b) one among the remaining candidates who secured a majority of votes


in the highest number of local government areas in the State, so


however that where there are more than one candidate with a majority


of votes in the highest number of local government areas, the


candidate among them with the next highest total of votes cast at the


election shall be the second candidate.


(4) In default of a candidate duly elected under subsection (2) of this


section, the Independent National Electoral Commission shall within seven


days of the result of the election held under that subsection, arrange for


an election between the two candidates and a candidate at such election


shall be deemed to have been duly elected to the office of Governor of a


State if -


(a) he has a majority of the votes cast at the election; and


(b) he has not less than one-quarter of the votes cast at the election


in each of at least two-thirds of all the local government areas in


the State.


(5) In default of a candidate duly elected under subsection (4) of this


section, the Independent National Electoral Commission shall within seven


days of the result of the election held under that subsection, arrange for


another election between the two candidates to which that sub-paragraph


relates and a candidate at such election shall be deemed to have been duly


elected to the office of governor of a State if he has a majority of the


votes cast at the election.


180. (1) subject to the provisions of this Constitution, a person shall hold



the office of Governor of a State until -


(a) When his successor in office takes the oath of that office; or


(b) he dies whilst holding such office; or


(c) the date when his resignation from office takes effect; or


(d) he otherwise ceases to hold office in accordance with the


provisions of this constitution.


(2) Subject to the provisions of subsection (1) of this section, the


Governor shall vacate his office at the expiration of period of four years


commencing from the date when -


(a) in the case of a person first elected as Governor under this


Constitution, he took the Oath of Allegiance and oath of office; and


(b) the person last elected to that office took the Oath of Allegiance


and oath of office or would, but for his death, have taken such oaths.


(3) If the Federation is at war in which the territory of Nigeria is


physically involved and the President considers that it is not practicable


to hold elections, the National Assembly may be resolution extend the


period of four years mentioned in subsection (2) of this section from time


to time, but no such extension shall exceed a period of six months at any


one time.


181. (1) If a person duly elected as Governor dies before taking and


subscribing the Oath of Allegiance and oath of office, or is unable for any


reason whatsoever to be sworn in, the person elected with him as Deputy


governor shall be sworn in as Governor and he shall nominate a new


Deputy-Governor who shall be appointed by the Governor with the approval of


a simple majority of the House of Assembly of the State.


(2) Where the persons duly elected as Governor and Deputy Governor of a


State die or are for any reason unable to assume office before the


inauguration of the house of Assembly, the Independent National Electoral


Commission shall immediately conduct an election for a Governor and Deputy


Governor of the State.


182. (1) No person shall be qualified for election to the office of Governor


of a State if -


(a) subject to the provisions of section 28 of this Constitution, he


has voluntarily acquired the citizenship of a country other than


Nigeria or, except in such cases as may be prescribed by the National


Assembly, he has made a declaration of allegiance to such other


country; or


(b) he has been elected to such office at any two previous elections;


or


(c) under the law in any part of Nigeria, he is adjudged to be a


lunatic or otherwise declared to be of unsound mind; or


(d) he is under a sentence of death imposed by any competent court of


law or tribunal in Nigeria or a sentence of imprisonment for any


offence involving dishonesty or fraud (by whatever name called) or any


other offence imposed on him by any court or tribunal or substituted


by a competent authority for any other sentence imposed on him by such



a court or tribunal; or


(e) within a period of less than ten years before the date of election


to the office of Governor of a State he has been convicted and


sentenced for an offence involving dishonesty or he has been found


guilty of the contravention of the code of Conduct; or


(f) he is an undischarged bankrupt, having been adjudged or otherwise


declared bankrupt under any law in force in Nigeria; or


(g) being a person employed in the public service of the Federation or


of any State, he has not resigned, withdrawn or retired from the


employment at least thirty days to the date of the election; or


(h) he is a member of any secret society; or


(i) he has been indicted for embezzlement or fraud by a Judicial


Commission of Inquiry or an Administrative Panel of Inquiry or a


Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of


Inquiry Law or any other law by the Federal or State Government which


indictment has been accepted by the Federal or State Government; or


(j) he has presented a forged certificate to the independent National


Electoral Commission.


(2) Where in respect of any person who has been


(a) adjudged to be a lunatic;


(b) declared to be of unsound mind;


(c) sentenced or declared bankrupt,


(d) adjudged or declared bankrupt,


an appeal against the decision is pending in any court of law in


accordance with any law in force in Nigeria, subsection (1) of this


section shall not apply during a period beginning from the date when


such appeal is lodged and ending on the date when the appeal is


finally determined or, as the case may be, the appeal lapses or is


abandoned, whichever is earlier.


183. The governor shall not, during the period when he holds office, hold


any other executive office or paid employment in any capacity whatsoever.


184. The National Assembly shall make provisions in respect of -


(a) persons who may apply to an election tribunal for the


determination of any question as to whether


(i) any person has been validly elected to the office of Governor or


Deputy Governor,


(ii) the term of office of a Governor or Deputy Governor has ceased,


or


(iii) the office of Deputy Governor has become vacant;


(b) circumstances and manner in which, and the conditions upon which


such application may be made; and


(c) powers, practice and procedure of the election tribunal in


relation to any such application.


185. (1) A person elected to the office of the Governor of a State shall not


begin to perform the functions of that until he has declared his assets and


liabilities as prescribed in the Constitution and has subsequently taken and



subscribed the Oath of Allegiance and oath of office prescribed in the


Seventh Schedule to this Constitution.


(2) The Oath of Allegiance and the oath of office shall be administered by


the Chief Judge of the State or Grand Kadi of the Sharia Court of Appeal


of the State, if any or President of the Customary Court of Appeal of the


State, if any, or the person for the time being respectively appointed to


exercise the functions of any of those offices in any State.


186. There shall be for each State of the Federation a Deputy Governor.


187. (1) In any election to which the foregoing provisions of this part of


this Chapter relate a candidate for the office of Governor of a State shall


not be deemed to have been validly nominated for such office unless he


nominates another candidate as his associate for his running for the office


of Governor, who is to occupy the office of Deputy Governor; and that


candidate shall be deemed to have been duly elected to the office of Deputy


Governor if the candidate who nominated him is duly elected as Governor in


accordance with the said provisions.


(2) The provisions of this Part of this Chapter relating to qualification


for election, tenure of office, disqualifications, declaration of assets


and liabilities and Oath of Governor shall apply in relation to the office


of Deputy Governor as if references to Governor were references to Deputy


Governor.


188. (1) The Governor or Deputy Governor of a state may Removal of Governor


be removed from office in accordance with the provisions or Deputy Governor


of this section. from office.


(2) Whenever a notice of any allegation in writing signed by not less than


one-third of the members of the House of Assembly.


(b) stating that the holder of such office is guilty of gross


misconduct in the performance of the functions of his office, detailed


particulars of which shall be specified.


the speaker of the House of Assembly shall, within seven days of the


receipt of the notice, cause a copy of the notice to be served on the


holder of the office and on each member of the House of Assembly, and


shall also cause any statement made in reply to the allegation by the


holder of the office, to be served on each member of the House of


Assembly.


(3) Within fourteen days of the presentation of the notice to the speaker


of the House of Assembly (whether or not any statement was made by the


holder of the office in reply to the allegation contained in the notice-,


the House of Assembly shall resolve by motion, without any debate whether


or not the allegation shall be investigated.


(4) A motion of the House of Assembly that the allegation be investigated


shall not be declared as having been passed unless it is supported by the


votes of not less than two-thirds majority of all the members of the House


of Assembly.



(5) Within seven days of the passing of a motion under the foregoing


provisions of this section, the Chief judge of the State shall at the


request of the speaker of the House of Assembly, appoint a Panel of seven


persons who in his opinion are of unquestionable integrity, not being


members of any public service, legislative house or political party, to


investigate the allegation as provided in this section.


(6) The holder of an office whose conduct is being investigated under this


section shall have the right to defend himself in person or be represented


before the panel by a legal practitioner of his own choice.


(7) A Panel appointed under this section shall -


(a) have such powers and exercise its functions in accordance with


such procedure as may be prescribed by the House of Assembly; and


(b) within three months of its appointment, report its findings to the


House of Assembly.


(8) Where the Panel reports to the House of Assembly that the allegation


has not been proved, no further proceedings shall be taken in respect of


the matter.


(9) Where the report of the Panel is that the allegation against the


holder of the office has been proved, then within fourteen days of the


receipt of the report, the house of Assembly shall consider the report,


and if by a resolution of the House of Assembly supported by not less than


two-thirds majority of all its members, the report of the Panel is


adopted, then the holder of the office shall stand removed form office as


from the date of the adoption of the report.


(10) No proceedings or determination of the Panel or of the House of


Assembly or any matter relating to such proceedings or determination shall


be entertained or questioned in any court.


(11) In this section -


"gross misconduct" means a grave violation or breach of the provisions of


this Constitution or a misconduct of such nature as amounts in the opinion


in the House of Assembly to gross misconduct.


189. (1) The Governor or Deputy Governor of a State shall cease to hold


office if


(a) by a resolution passed by two-thirds majority of all members of


the executive council of the State, it is declared that the Governor


or Deputy Governor is incapable of discharging the functions of his


office; and


(b) the declaration in paragraph (a) of this subsection is verified,


after such medical examination as may be necessary, by a medical panel


established under subsection (4) of this section in its report to the


speaker of the House of Assembly.


(2) Where the medical panel certifies in its report that in its opinion


the Governor or Deputy Governor is suffering from such infirmity of body


or mind as renders him permanently incapable of discharging the functions


of his office, a notice thereof signed by the Speaker of the House of


Assembly shall be published in the Official Gazette of the Government of



the State.


(3) The Governor or Deputy Governor shall cease to hold office as from the


date of publication of the notice of the medical report pursuant to


subsection (2) of this section.


(4) The medical panel to which this section relates shall be appointed by


the Speaker of the House of Assembly of the State, and shall comprise five


medical practitioners in Nigeria -


(a) one of whom shall be the personal physician of the holder of the


office concerned; and


(b) four other medical practitioners who have, in the opinion of the


Speaker of the House of Assembly, attained a high degree of eminence


in the field of medicine relative to the nature of the examination to


be conducted in accordance with the foregoing provisions of this


section.


(5) In this section, the reference to "executive council of the State" is


a reference to the body of Commissioners of the Government of the State,


howsoever called, established by the Governor and charged with such


responsibilities for the functions of Government as the Governor may


direct.


190. Whenever the Governor transmits to the Speaker of the House of Assembly


a written declaration that he is proceeding on vacation or that he is


otherwise unable to discharge the functions of his office, until he


transmits to the Speaker of the House of Assembly a written declaration to


the contrary such functions shall be discharged by the Deputy Governor as


Acting Governor.


191. (1) The Deputy Governor of a State shall hold the office of Governor of


the State if the office of Governor becomes vacant by reason of death,


resignation, impeachment, permanent incapacity or removal of the governor


from office for any other reason in accordance with section 188 or 189 of


this constitution.


(2) Where any vacancy occurs in the circumstances mentioned in subsection


(1) of this section during a period when the office of Deputy Governor of


the State is also vacant, the Speaker of the House of Assembly of the


State shall hold the office of Governor of the State for a period of not


more than three months, during which there shall be an election of a new


Governor of the State who shall hold office for the unexpired term of


office of the last holder of the office.


(3) Where the office of the Deputy Governor becomes vacant -


(a) by reason of death, resignation, impeachment, permanent incapacity


or removal in accordance with section 188 or 189 of this Constitution;


(b) by his assumption of the office of Governor of a State in


accordance with subsection (1) of this section; or


(c) for any other reason, the Governor shall nominate and with the


approval of the House of Assembly of the State, appoint a new Deputy


Governor.



192. (1) There shall be such offices of Commissioners of the Government of a


State as may be established by the Governor of the State


(2) Any appointment to the office of Commissioner of the Government of a


State shall, if the nomination of any person to such office is confirmed


by the House of Assembly of the State, be made by the Governor of that


State and in making any such appointment the Governor shall conform with


the provisions of section 14(4) of this Constitution.


(3) Where a member of a House of Assembly or of the National Assembly is


appointed as Commissioner of the Government of a State, he shall be deemed


to have resigned his membership of the House of Assembly or of the


National Assembly on his taking the Oath of office as Commissioner.


(4) No person shall be appointed as a Commissioner of the Government of a


State unless he is qualified for election as a member of the House of


Assembly of the State.


(5) An appointment to the office of Commissioner under this section shall


be deemed to have been made where no return has been received from the


House of Assembly within twenty-one working days of the receipt of


nomination, by the House of Assembly.


193. (1) The Governor of a State may, in his discretion, assign to the


Deputy Governor or any Commissioner of the Government of the State


responsibility for any business of the Government of that State, including


the administration of any department of Government.


(2) The Governor of a State shall hold regular meetings with the Deputy


Governor and all Commissioners of the Government of the State for the


purposes of -


(a) determining the general direction of the policies of the


Government of the State;


(b) co-ordinating the activities of the Governor, the Deputy Governor


and the Commissioners of the Government of the State in the discharge


of their executive responsibilities; and


(c) advising the Governor generally in the discharge of his executive


functions, other than those functions with respect to which he is


required by this Constitution to seek the advice or act on the


recommendation of any other person or body.


194. A Commissioner of the Government of a State shall not enter upon the


duties of his office unless he has declared his assets and liabilities as


prescribed in this Constitution and has subsequently taken and subscribed


the oath of Allegiance and the oath for the due execution of the duties of


his office prescribed in the Seventh Schedule to this Constitution.


195. (1) There shall be an Attorney-General for each State who shall be the


Chief Law Officer of the State and Commissioner for Justice of the


Government of that State.


(2) A person shall not be qualified to hold or perform the functions of


the office of the Attorney-General of a State unless he is qualified to


practise as a legal practitioner in Nigeria and has been so qualified for


not less than ten years.



196. (1) The Governor of a State may appoint any person as a Special Adviser


to assist him in the performance of his functions.


(2) The number of such Advisers and their remuneration and allowances


shall be as prescribed by law or by resolution of the House of Assembly of


the State.


(3) Any appointment made pursuant to the provisions of this section shall


be at the pleasure of the Governor, and shall cease when the Governor


ceases to hold office.


(4) A person appointed as a Special Adviser under subsection (1) of this


section shall not begin to perform the functions of the office unless he


has declared his assets and liabilities as prescribed in this Constitution


and has subsequently taken and subscribed the Oath of Allegiance and the


oath of office prescribed in the Seventh Schedule to this Constitution.


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B - Establishment of Certain State Executive Bodies


197. (1) There shall be established for each State of the Federation the


following bodies, namely -


(a) State Civil Service Commission;


(b) State Independent Electoral Commission; and


(c) State Judicial Service Commission.


(2) The composition and powers of each body established by subsection (1)


of this section are as set out in Part II of the Third Schedule to this


Constitution.


(3) In appointing Chairmen and members of boards and governing bodies of


statutory corporations and companies in which the Government of the State


has controlling shares or interests and councils of Universities, Colleges


and other institutions of higher learning, the Governor shall conform with


the provisions of section 14(4) of this Constitution.


198. Except in the case of ex-officio members or where other provisions are


made in this Constitution, the Chairman and members of any of the bodies so


established shall, subject to the provisions of this Constitution, be


appointed by the Governor of the State and the appointment shall be subject


to confirmation by a resolution of the House of Assembly of the State.


199. (1) A person who is a member of any of the bodies established as


aforesaid shall, subject to the provisions of this Part, remain a member


thereof -


(a) in the case of an ex-officio member, whilst he holds the office by


virtue of which he is a member of the body;


(b) in the case of a person who is a member by virtue of his having


previously held an office, for the duration of his life; and


(c) in the case of a person who is a member otherwise than as an


ex-officio member or otherwise than by virtue of his having previously


held an office, for a period of five years from the date of his



appointment.


(2) A member of any of the bodies shall cease to be a member if any


circumstances arise that, if he were not a member of the body, would cause


him to be disqualified for appointment as such a member.


200. (1) No person shall be qualified for appointment as a member of any of


the bodies aforesaid if -


(a) he is not qualified or if he is disqualified for election as a


member of a House of Assembly;


(b) he has within the preceding ten years, been removed as a member of


any of the bodies or as the holder of any other office on the ground


of misconduct.


(2) Any person employed in the public service of a State shall not be


disqualified for appointment as Chairman or member of any of such bodies


provided that where such a person has been duly appointed, he shall on his


appointment be deemed to have resigned his former office as from the date


of the appointment.


(3) No person shall be qualified for appointment to any of the bodies


aforesaid, if, having previously been appointed as a member otherwise than


as an ex officio member of that body, he has been re-appointed for a


further term as a member of the same body.


201. (1) Any person holding any of the offices to which this section applies


shall only be removed from that office by the Governor of that State acting


on an address supported by two-thirds majority of the House of Assembly of


the State praying that he be so removed for inability to discharge the


functions of the office (whether arising from infirmity of mind or body or


any other cause) or for misconduct.


(2) This section applies to the Offices of the Chairman and members of the


State Civil Service Commission, the State Independent Electoral Commission


and the State Judicial Service Commission.


202. In exercising its power to make appointments or to exercise


disciplinary control over persons the State Civil Service Commission, the


State Independent Electoral Commission and the State Judicial Service


Commission shall not be subject to the direction and control of any other


authority or person.


203. (1) The quorum for a meeting of any of the bodies established by


section 197 of this Constitution shall not be less than one-third of the


total number of members of that body at the date of the meeting.


(2) A member of such a body shall be entitled to one vote and a decision


of the meeting may be taken and any act or thing may be done in the name


of that body by a majority of the members present at a meeting.


(3) Whenever such bodies is assembled for a meeting, the Chairman or other


person presiding shall, in all matters in which a decision is taken by


vote (by whatever name such vote may be called) have a casting as well as


a deliberative vote.


(4) Subject to its rules of procedure, any such body may act or take any


decision notwithstanding any vacancy in its membership or the absence of



any member.


204. (1) Subject to subsection (2) of this section, any of the bodies may,


with the approval of the Governor, by rules or otherwise regulate its own


procedure or confer powers or impose duties on any officer or authority for


the purpose of discharging its functions.


(2) In the exercise of any powers under subsection (1) of this section any


such body shall not confer powers or impose duties on any officer or


authority of the Federation except with the approval of the President.


205. In this Part of this Chapter, unless the context otherwise requires:-


(a) any reference to ex officio member shall be construed as a


reference to a person who is a member by virtue of his holding or


performing the functions of an office in the public service of a


State;


(b) office means an office in the public service of a State;


(c) any reference to member of any of the bodies established by


section 197 of this Constitution shall be construed as including a


reference, to the Chairman of that body; and


(d) misconduct means breach of the Oath of Allegiance or oath of


office of a member or a breach of the provisions of this Constitution


or bribery or corruption or false declaration of assets and


liabilities or conviction for treason or treasonable felony.


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C - The Public Service of a State


206. There shall be for each State of the Federation a Civil Service.


207. Subject to the provisions of this Constitution, a State Civil Service


Commission may, with the approval of the Governor and subject to such


conditions as it may deem fit, delegate any of the powers conferred upon it


by this Constitution to any of its members or to any officer in the civil


service of the State.


208. (1) Power to appoint persons to hold or act in the offices to which


this section applies and to remove persons so appointed from any such office


shall vest in the Governor of the State.


(2) The offices to which this section applies are, namely -


(a) Secretary to the Government of the State;


(b) Head of the Civil Service of the State;


(c) Permanent Secretary or other chief executive in any Ministry or


Department of the Government of the State howsoever designated; and


(d) any office on the personal staff of the Governor.


(3) An appointment to the office of the Head of the Civil Service of a


State shall not be made except from among Permanent Secretaries or



equivalent rank in the civil service of any State or of the Federation.


(4) In exercising his powers of appointment under this section, the


Governor shall have regard to the diversity of the people within the state


and the need to promote national unity.


(5) Any appointment made pursuant to paragraphs (a) and (d) of subsection


(2) of this section shall be at the pleasure of the Governor and shall


cease when the Governor ceases to hold office:


Provided that where a person has been appointed from a public service of


the Federation or a State, he shall be entitled to return to the public


service of the Federation or of the State when the Governor ceases to hold


office.


209. A person in the public service of a State shall observe and conform to


the Code of Conduct.


210. (1) Subject to the provisions of subsection (2) of this section, the


right of a person in the public service of a State to receive pension or


gratuity shall be regulated by law.


(2) Any benefit to which a person is entitled in accordance with or under


such law as is referred to in subsection (1) of this section shall not be


withheld or altered to his disadvantage except to such extent as is


permissible under any law, including the Code of Conduct.


(3) Pensions shall be reviewed every five years or together with any state


civil service salary reviews, whichever is earlier.


(4) Pensions in respect of service in the service of a State shall not be


taxed


211. (1) The Attorney General of a state shall have power


(a) to institute and undertake criminal proceedings against any person


before any court of law in Nigeria other than a court-martial in


respect of any offence created by or under any law of the House of


Assembly;


(b) to take over and continue any such criminal proceedings that may


have been instituted by any other authority or person; and


(c) to discontinue at any stage before judgement is delivered any such


criminal proceedings instituted or undertaken by him or any other


authority or person.


(2) The powers conferred upon the Attorney-General of a state under


subsection 1 of this section may be exercised b him in person or through


officers of his department.


(3) In exercising his powers under this section, the attorney-General of a


state shall have regard to the public interest, the interest of justice


and the need to prevent abuse of legal process


212. (1) The Governor may -


(a) Grant any person concerned with or convicted of any offence


created by any law of a state a pardon, either free or subject to


lawful conditions;


(b) grant to any person a respite, of the execution of any punishment



imposed on that person for such an offence;


(c) substitute a less severe form of punishment for any person for


such an offence; or


(d) remit the whole or any part of punishment for any punishment


imposed on that person for such any offence or of any penalty


forfeiture otherwise due to the state on account of such an offence.


(2) The powers of the governor under subsection (1)of this section shall


be exercised by him after consultation with such advisory council of the


state on prerogative of mercy as may be established by law of the State.


Back to Page One


Part III


\


Supplemental


A - National Population Census


213. (1) Any report of the National Population Commission containing the


population census after every census shall be delivered to the President by


the Chairman of the commission .


(2) The President shall within a period of thirty days after receipts of


the report lay copies of the report before the Council of State, which


shall consider the report and advise the President whether to accept it or


reject it.


(3) Where the Council of State advises the President to accept the report,


the President shall accept the same and shall then lay the report on the


table of each House of the National Assembly.


(4) Where the President accept such report and has laid it on the table of


each House of the National Assembly he shall publish it in the official


Gazette of the Government of the Federation for public information.


(5) Where the Council of State advises the president to reject upon the


ground-


(a) that the population census contained in the report is inaccurate;


or


(b) that the report is perverse,


the President shall reject the report accordingly and no reliance shall be


placed upon any such report by any authority or person or for any purpose


what so ever.


B - Nigeria Police Force


214. (1) There shall be a police force for Nigeria, which shall be known as


the Nigeria Police Force, and subject to the provisions of this section no


other police force shall be established for the Federation or any part



thereof.


(2) Subject to the provisions of this Constitution -


(a) the Nigeria Police Force shall be organised and administered in


accordance with such provisions as may be prescribed by an act of the


National Assembly;


(b) the members of the Nigeria Police shall have such powers and


duties as maybe conferred upon them by law;


(c) the National Assembly may make provisions for branches of the


Nigeria Police Force forming part of the armed forces of the


Federation or for the protection of harbours, waterways, railways and


air fields.


215. (1) There shall be -


(a) an Inspector-General of Police who, subject to section 216(2) of


this Constitution shall be appointed by the President on the advice of


the Nigeria Police Council from among serving members of the Nigeria


Police Force;


(b) a Commissioner of Police for each state of the Federation who


shall be appointed by the Police Service Commission.


(2) The Nigeria Police Force shall be under the command of the


Inspector-General of Police and contingents of the Nigeria Police Force


stationed in a state shall, subject to the authority of the


Inspector-General of Police, be under the command of the Commissioner of


Police of that state.


(3) The President or such other Minister of the Government of the


Federation as he may authorise in that behalf may give to the


Inspector-General of Police such lawful directions with respect to the


maintenance and securing of public safety and public order as he may


consider necessary, and the Inspector-General of Police shall comply with


those direction or cause them to be compiled with.


(4) Subject to the provisions of this section, the Governor of a state or


such Commissioner of the Government state as he may authorise in that


behalf, may give to the Commissioner of Police of that state such lawful


directions with respect to the maintenance and securing of public safety


and public order within the state as he may consider necessary, and the


Commissioner of Police shall comply with those directions or cause them to


be complied with:


Provided that before carrying out any such directions under the foregoing


provisions of this subsection the Commissioner of Police may request that


the matter be referred to the President or such minister of the Government


of the Federation as may be authorised in that behalf by the President for


his directions.


(5) The question whether any, and if so what, directions have been given


under this section shall not be inquired into in any court.


216. (1) Subject to the provisions of this constitution, the Nigeria Police


Council may, with the approval of the President and subject to such


conditions as it may think fit, delegate any of the powers conferred upon it



by this Constitution to any of its members or to the Inspector-General of


Police or any other member of the Nigeria Police Force.


(2) Before making any appointment to the office of the Inspector-General


of Police or removing him from office the President shall consult the


Nigeria Police Council.


C - Armed Forces of the Federation.


217. (1) There shall be an armed forces for the Federation which shall


consist of an army, a navy, an Air Force and such other branches of the


armed forces of the Federation as may be established by an Act of the


National Assembly.


(2) The Federation shall, subject to an Act of the National Assembly made


in that behalf, equip and maintain the armed forces as may be considered


adequate and effective for the purpose of -


(a) defending Nigeria from external aggression;


(b) maintaining its territorial integrity and securing its borders


from violation on land, sea, or air;


(c) suppressing insurrection and acting in aid of civil authorities to


restore order when called upon to do so by the President, but subject


to such conditions as may be prescribed by an Act of the National


Assembly; and


(d) performance such other functions as may be prescribed by an Act of


the National Assembly.


(3) The composition of the officer corps an other ranks of the armed


forces of the Federation shall reflect the federal character of Nigeria.


218. (1) The powers of the President as the Commissioner-in-Chief of the


Armed Forces of the Federation shall include power to determine the


operational use of the armed forces of the Federation.


(2) The powers conferred on the President by subsection (1) of this


section shall include power to appoint the Chief of Defence staff, the


Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and


heads of any other branches of the armed forces of the Federation as may


be established by an Act of the National Assembly.


(3) The President may, by directions in writing and subject to such


conditions as he think fit, delegate to any member of the armed forces of


the Federation his powers relating to the operational use of the Armed


Forces of the Federation.


(4) The National Assembly shall have power to make laws for the regulation


of -


(a) the powers exercisable by the President as Commander-in-Chief of


the Armed Forces of the Federation; and


(b) the appointment, promotion and disciplinary control of members of


the armed forces of the Federation.


219. The National Assembly shall -


(a) in giving effect to the functions specified in section 217 of


thisConstitution; and



(b) with respect to the powers exercisable by the President under


section 218of this Constitution, by an Act, established a body which


shall comprise such members as theNational Assembly may determine, and


which shall have power to ensure that the composition of the armed


forces of the Federation shall reflect the federal character of


Nigeria in the manner prescribed in the section 217 of this


Constitution.


220. (1) The Federation shall establish and maintain adequate facilities for


carrying into effect any Act of the National Assembly providing for


compulsory military training or military service for citizens of Nigeria.


(2) Until an Act of the National Assembly is made in that behalf the


President may maintain adequate facilities in any secondary or


post-secondary educational institution in Nigeria for giving military


training in any such institution which desires to have the training.


Back to Page One


D - Political Parties


221. No association, other than a political party, shall canvass for votes


for any candidate at any election or contribute to the funds of any


political party or to the election expenses of any candidate at an election.


222. No association by whatever name called shall function as a party,


unless -


(a) the names and addresses of its national officers are registered


with the Independent National Electoral Commission;


(b) the membership of the association is open to every citizen of


Nigeria irrespective of his place of origin, circumstance of birth,


sex, religion or ethnic grouping;


(c) a copy of its constitution is registered in the principal office


of the Independent National Electoral Commission in such form as may


be prescribed by the Independent National Electoral Commission;


(d) any alteration in its registered constitution is also registered


in the principal office of the Independent National Electoral


Commission within thirty days of the making of such alteration


(e) the name of the association, its symbol or logo does not contain


any ethnic or religious connotation or give the appearance that the


activities of the association are confined to a part only of the


geographical area of Nigeria; and


(f) the headquarters of the association is situated in the Federal


Capital Territory, Abuja.


223. (1) The constitution and rules of a political party shall-


(a) provide for the periodical election on a democratic basis of the


principal officers and members of the executive committee or other


governing body of the political party; and


(b) ensure that the members of the executive committee or other


governing body of the political party reflect the federal character of


Nigeria.



(2) For the purposes of this section -


(a) the election of the officers or members of the executive committee


of a political party shall be deemed to be periodical only if it is


made at regular intervals not exceeding four years; and


(b) the members of the executive committee or other governing body of


the political character of Nigeria only if the members thereof belong


to different states not being less in number than two-thirds of all


the states of the Federation and the Federal Capital Territory, Abuja.


224. The programme as well as the aims and objects of a political party


shall conform with the provisions of Chapter II of this Constitution.


225. (1) Every political party shall, at such times and in such manner as


the independent National Electoral Commission and publish a statement of its


assets and liabilities.


(2) Every political party shall submit to the Independent National


Electoral Commission a detailed annual statement and analysis of its


sources of funds and other assets together with a similar statement of its


expenditure in such form as the Commission may require.


(3) No political party shall -


(a) hold or possess any funds or other assets outside Nigeria; or


(b) be entitled to retain any funds or assets remitted or sent to it


from outside Nigeria.


(4) Any funds or other assets remitted or sent to a political party from


outside Nigeria shall be paid over or transferred to the Commission within


twenty-one days of its receipt with such information as the Commission may


require.


(5) The Commission shall have power to give directions to political


parties regarding the books or records of financial transactions which


they shall keep and, to examine all such books and records.


(6) The powers conferred on the Commission under subsection (4) of this


section may be exercised by it through any member of its staff or any


person who is an auditor by profession, and who is not a member of a


political party.


226. (1) The Independent National Electoral commission, shall in every year


prepare and submit to the National Assembly a report on the accounts and


balance sheet of every political party.


(2) It shall be the duty of the commission, in preparing its report under


this section, to carry out such investigations as will enable it to form


an opinion as to whether proper books of accounts and proper records have


been kept by any political party, and if the Commission is of the opinion


that proper books of accounts have not been kept by a political party, the


Commission shall so report.


(3) Every member of the Commission or its duly authorised agent shall -


(a) have a right of access at all times to the books and accounts and


vouchers of all political parties; and


(b) be entitled to require from the officers of the political party


such information and explanation which to the best of his knowledge



and belief are necessary for the purposes of the investigation, the


Commission shall state that fact in its report.


227. No association shall retain, organise, train or equip any person or


group of persons for the purpose of enabling them to be employed for the use


or display of physical force or coercion in promoting any political


objective or interest or in such manner as to arouse reasonable apprehension


that they are organised and trained or equipped for that purpose.


228. The National Assembly may by law provide -


(a) for the punishment of any person involved in the management or


control of any political party found after due inquiry to have


contravened any of the provisions of sections 221, 225(3) and 227 of


this Constitution;


(b) for the disqualification of any persons from holding public office


on the ground that he knowingly aids or abets a political party in


contravening section 225(3) of this Constitution;


(c) for an annual grant to the Independent National Electoral


Commission for disbursement to political parties on a fair and


equitable basis to assist them in the discharge of their functions;


and


(d) for the conferment on the Commission of other powers as may appear


to the National Assembly to be necessary or desirable for the purpose


of enabling the Commission more effectively to ensure that political


parties observe the provisions of this part of this chapter.


229. In this Part of this chapter, unless the context otherwise requires -


"association" means any body of persons corporate or unincorporate who


agree to act together for any commission purpose, and includes an


association formed for any ethnic, social, cultural, occupational


religious purpose; and


"political party" includes any association whose activities include


canvassing for votes in support of a candidate for election to the office


of President, Vice-President, Governor, Deputy Governor or membership of a


legislative house or of a local government council.


Back to Page One


Chapter VII


The Judicature



Part I


Federal Courts


A - The Supreme Court of Nigeria


230. (1) There shall be a Supreme Court of Nigeria.


(2) The Supreme Court of Nigeria shall consist of -


(a) the Chief Justice of Nigeria; and


(b) such number of Justices of the Supreme Court, not exceeding


twenty-one, as may be prescribed by an Act of the National Assembly.


231. (1) The appointment of a person to the office of Chief Justice of


Nigeria shall be made by the President on the recommendation of the National


Judicial Council subject to confirmation of such appointment by the Senate.


(2) The appointment of a person to the office of a Justice of the Supreme


Court shall be made by the President on the National Judicial Council


subject to confirmation of such appointment by the senate.


(3) A person shall not be qualified to hold the office of Chief Justice of


Nigeria or a Justice of the Supreme Court, unless he is qualified to


practice as a legal practitioner in Nigeria and has been so qualified for


a period of not less than fifteen years.


(4) If the office of Chief Justice of Nigeria is vacant or if the person


holding the office is for any reason unable to perform the functions of


the office, then until a person has been appointed to and has assumed the


functions of that office, or until the person holding has resumed those


functions, the President shall appoint the most senior Justice of the


Supreme Court to perform those functions.


(5) Except on the recommendation of the National Judicial Council, an


appointment pursuant to the provisions of subsection (4) of this section


shall cease to have effect after the expiration of three months from the


date of such appointment, and the President shall not re-appointment a


person whose appointment has lapsed.


232. (1) The Supreme Court shall, to the exclusion of any other court, have


original jurisdiction in any dispute between the Federation and a state or


between states if and in so far as that dispute involves any question


(whether of law or fact) on which the existence or extent of a legal right


depends.


(2) In addition to the jurisdiction conferred upon it by subsection (1) of


this section, the Supreme Court shall have such original jurisdiction as


may be conferred upon it by any Act of the National Assembly.


Provided that no original jurisdiction shall be conferred upon the Supreme


Court with respect to any criminal matter.


233. (1) The Supreme Court shall have jurisdiction, to the exclusion of any


other court of law in Nigeria, to hear and determine appeals from the Court



of Appeal.


(2) An appeal shall lie form decisions of the Court of Appeal to the


Supreme Court as of right in the following cases -


(a) where the ground of appeal involves questions of law alone,


decisions in any civil or criminal proceedings before the Court of


Appeal;


(b) decisions in any civil or criminal proceedings on questions as to


the interpretation or application of this constitution,


(c) decisions in any civil or criminal proceedings on questions as to


whether any of the provisions of Chapter IV of this Constitution has


been, is being or is likely to be, contravened in relation to any


person;


(d) decisions in any criminal proceedings in which any person has been


sentenced to death by the Court of Appeal or in which the Court of


Appeal has affirmed a sentence of death imposed by any other court;


(e) decisions on any question -


(i) whether any person has been validly elected to the office of


President or Vice-President under this Constitution,


(ii) whether the term of office of office of President or


Vice-President has ceased,


(iii) whether the office of President or Vice-President has become


vacant; and


(c) such other cases as may be an Act of the National Assembly.


(3) Subject to the provisions of subsection (2) of this section, an appeal


shall lie from the decisions of the Court of Appeal to the Supreme Court


with the leave of the Court of Appeal or the Supreme Court.


(4) The Supreme Court may dispose of any application for leave to appeal


from any decision of the Court Appeal in respect of any civil or criminal


proceedings in the record of the proceedings if the Supreme Court is of


opinion that the interests of justice do not require an oral hearing of


the application.


(5) Any right of appeal to the supreme Court from the decisions of the


Court of Appeal conferred by this section shall be exercisable in the Case


of civil proceedings at the instance of a party thereto, or with the leave


of the Court of Appeal or the Supreme Court at the instance of an person


having an interest in the matter, and in the case of criminal proceedings


at the instance of an accused person, or subject to the provisions of this


Constitution and any powers conferred upon the Attorney-General of the


Federation or the Attorney-General of a state to take over and continue or


to discontinue such proceedings, at the instance of such other authorities


or persons as may be prescribed.


(6) Any right of appeal to the Supreme Court form the decisions of the


Court of Appeal conferred by this section shall, subject to section 236 of


this Constitution, be exercised in accordance with any Act of the National


Assembly and rules of court for the time being in force regulating the


powers, practice and procedure of the Supreme Court.



234. For the purpose of exercising any jurisdiction conferred upon it by


this Constitution or any Law, the Supreme Court shall be duly constituted if


it consists of not less than five Justices of the Supreme Court:


Provided that where the Supreme Court is sitting to consider an appeal


brought under 233(2)(b) or (c) of this Constitution, or to exercise its


original jurisdiction in accordance with section 232 of this Constitution,


the Court shall be constituted by seven Justices.


235. Without prejudice to the powers of the President or of the Governor of


a state with respect to prerogative of mercy, no appeal shall lie to any


other body or person from any determination of the Supreme Court.


236. Subject to the provisions of any Act of the National Assembly, the


Chief Justice of Nigeria may make rules for regulating the practice and


procedure of the Supreme Court.


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B - The Court of Appeal


237. (1) There shall be a Court of Appeal.


(2) The Court of Appeal shall consist of -


(a) a President of the Court of Appeal; and


(b) such number of Justices of the Court of Appeal, not less than


forty-nine of which not less than three shall be learned I Islamic


personal law, and not less than three shall be learned in Customary


law, as may be prescribed by an Act of the National Assembly.


238. (1) The appointment of a person to the office of President of the Court


of appeal shall be made by the President o the recommendation of the


National Judicial Council subject to confirmation of such appointment by the


senate.


(2) The appointment of a person to the office of a Justice of the Court of


Appeal shall be made by the President on the recommendation of the


National Judicial Council.


(3) A person shall not be qualified to hold the office of a Justice of the


Court of Appeal unless he is qualified to practise as a legal practitioner


in Nigeria and has been so qualified for a period of not less than twelve


years.


(4) If the office of the President of the Court of appeal is vacant, or if


the person holding the office is for any reason unable to perform the


functions of the office, then until a person has been appointed to and has


assumed the functions of that office, or until the person holding the


office has resumed those functions, the President shall appoint the most


senior Justice of the Court of Appeal to perform those functions.


(5) Except on the recommendation of the National Judicial Council, an


appointment pursuant to the provisions of subsection (4) of this section


shall cease to have effect after the expiration of three months from the


date of such appointment, and the President shall not re-appoint a person



whose appointment has lapsed.


239. (1) Subject to the provisions of this Constitution, the Court of Appeal


shall, to the exclusion of any other court of Law in Nigeria, have original


jurisdiction to hear and determine any question as to whether -


(a) any person has been validity elected to the office of President or


Vice-President under this Constitution; or


(b) the term of office of the President or Vice-President has ceased;


or


(c) the office of President or Vice-President has become vacant.


(2) In the hearing and determine of an election petition under paragraph


(a) of subsection (1) of this section, the Court of Appeal shall be duly


constituted if it consists of at least three Justices of the Court Appeal.


240. Subject to the provisions of this Constitution, the Court of Appeal


shall have jurisdiction to the exclusion of any other court of law in


Nigeria, to hear and determine appeals from the Federal High Court, the High


Court of the Federation Capital Territory, Abuja, High Court of a state,


Sharia Court of Appeal of the Federal Capital Territory, Abuja, Sharia Court


of Appeal of a state, Customary Court of Appeal of a state and from


decisions of a court martial or other tribunals as may be prescribed by an


Act of the National Assembly.


241. (1) An appeal shall lie from decisions of the Federal High Court or a


High Court to the Court of Appeal as of right in the following cases -


(a) final decisions in any civil or criminal proceedings before the


Federal High Court or a High Court 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 leave of the Federal High Court or that Court or


the Court Appeal


(2) The Court of Appeal may dispose of any application for leave to appeal


from any decision of the Federal High Court or a High Court in respect of


any civil or criminal proceedings in which an appeal has been brought to


the Federal High Court or a High Court from any other court after


consideration of the record of the proceedings, if the Court of Appeal is


of the opinion that the interests of justice do not require an oral


hearing of the application.


243. Any right of appeal to the Court of Appeal from the decisions of the


Federal High Court or a High Court conferred by this Constitution shall be -


(a) exercisable in the case of civil proceedings at the instance of a


party thereto, or with the leave of the Federal High Court or High Court


or the Court of Appeal at the instance of any other person having an


interest in the matter, and in the case of criminal proceedings at the


instance of an accused person or, subject to the provisions of this


Constitution and any powers conferred upon the Attorney-General of the


Federation or the Attorney-General of a state to take over and continue or


to discontinue such proceedings, at the instance of such other authorities


or persons as may be prescribed;


(b) exercised in accordance with any Act of the National Assembly and


rules of court for the time being in force regulating the powers, practice


and procedure of the Court of Appeal.


244. (1) An appeal shall lie from decisions of a Sharia Court of Appeal to


the Court of Appeal as of right in any civil proceedings before the Sharia


Court of Appeal with respect to any question of Islamic personal law which


the Sharia Court of Appeal is competent to decide.


(2) Any right of appeal to the Court of Appeal from the decisions of a


Sharia Court of Appeal conferred by this section shall be -


(a) exercisable at the instance of a party thereto or, with the leave


of the Sharia Court of Appeal or of the Court of Appeal, at the



instance of any other person having an interest in the matter; and


(b) exercised in accordance with an Act of the National Assembly and


rules of court for the time being in force regulating the powers,


practice and procedure of the Court of Appeal.


245. (1) An appeal shall lie from decisions of a customary Court of Appeal


to the Court of Appeal as of right in any civil proceedings before the


customary Court of Appeal with respect to any question of Customary law and


such other matters as may be prescribed by an Act of the National Assembly.


(2) Any right of appeal to the Court of Appeal from the decisions of a


Customary Court of Appeal conferred by this section shall be -


(a) exercisable at the instance of a party thereto or, with the leave


of the Customary Court of Appeal or of the Court of Appeal, at the


instance of any other person having an interest in the matter;


(b) exercised in accordance with any Act of the National Assembly and


rules of court for the time being in force regulating the powers,


practice and procedure of the Court of Appeal.


246. (1) An appeal to the Court of Appeal shall lie as of right from -


(a) decisions of the Code of Conduct Tribunal established in the Fifth


Schedule to this Constitution;


(b) decisions of the National Assembly Election Tribunals and


Governorship and Legislative Houses Election Tribunals on any question


as to whether


(i) any person has been validly elected as a member of the National


Assembly or of a House of Assembly of a State under this


Constitution,


(ii) any person has been validly elected to the office of a Governor


or Deputy Governor, or


(iii) the term of office of any person has ceased or the seat of any


such person has become vacant.


(2) The National Assembly may confer jurisdiction upon the Court of Appeal


to hear and determine appeals from any decision of any other court of law


or tribunal established by the National Assembly.


(3) The decisions of the Court of Appeal in respect of appeals arising


from election petitions shall be final.


247. (1) For the purpose of exercising any jurisdiction conferred upon it by


this Constitution or any other law, the Court of Appeal shall be duly


constituted if it consists of not less than three Justices of the Court of


Appeal and in the case of appeals from -


(a) a sharia Court of Appeal if it consists of not less than three


Justices of the Court of Appeal learned in Islamic personal law; and


(b) a Customary Court of Appeal, if it consists of not less than three


Justices of Court of Appeal learned in Customary law.


248. Subject to the provisions of any Act of the National Assembly, the


president of the Court of Appeal may make rules for regulating the practice


and procedure of the Court of Appeal.


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C - The Federal High Court


249. (1) There shall be a Federal High Court.


(2) The Federal High Court shall consist of -


(a) a Chief Judge of the Federal High Court; and


(b) such number of Judges of the Federal High Court as may be


prescribed by the an Act of the National Assembly.


250. (1) The appointment of a person to the office of Chief Judge of the


Federal High Court shall be made by the President on the recommendation of


the National Judicial Council, subject to confirmation of such appointment


by the Senate.


(2) The appointment of a person to the office of a Judge of the Federal


High Court shall be made by the President on the recommendation of the


National Judicial Council.


(3) A person shall not be qualified to hold the office of Chief Judge of


the Federal High Court unless he is qualified to practise as a legal


practitioner in Nigeria and has been so qualified for a period of not less


than ten years.


(4) If the office of Chief Judge of the Federal High Court is vacant or if


the person holding the office is for any reason unable to perform the


functions of the office, then, until a person has been appointed to and


has assumed those functions of that office until the person holding the


office has resumed those functions the President shall appoint the most


senior Judge of the Federal High Court to perform those functions''


(5) Except on the recommendation of the National Judicial Council, an


appointment pursuant to the provisions of subsection (3) of this section


shall cease to have effect after the expiration of three months from the


date of such appointment and the President shall not re-appoint a person


whose appointment has lapsed


251. (1) Notwithstanding anything to the contained in this Constitution and


in addition to such other jurisdiction as may be conferred upon it by an Act


of the National Assembly, the Federal High Court shall have and exercise


jurisdiction to the exclusion of any other court in civil causes and matters


-


(a) relating to the revenue of the Government of the Federation in


which the said Government or any organ thereof or a person suing or


being sued on behalf of the said Government is a party;


(b) connected with or pertaining to the taxation of companies and


other bodies established or carrying on business in Nigeria and all


other persons subject to Federal taxation;


(c) connected with or pertaining to customs and excise duties and


export duties, including any claim by or against the Nigeria Customs


Service or any member or officer thereof, arising from the performance


of any duty imposed under any regulation relating to customs and


excise duties and export duties;


(d) connected with or pertaining to banking, banks, other financial



institutions, including any action between one bank and another, any


action by or against the Central Bank of Nigeria arising from banking,


foreign exchange, coinage, legal tender, bills of exchange, letters of


credit, promissory notes and other fiscal measures:


Provided that this paragraph shall not apply to any dispute between an


individual customer and his bank in respect of transactions between


the individual customer and the bank;


(e) arising from the operation of the Companies and Allied Matters Act


or any other enactment replacing the Act or regulating the operation


of companies incorporated under the Companies and Allied Matters Act;


(f) any Federal enactment relating to copyright, patent, designs,


trade marks and passing-off, industrial designs and merchandise marks,


business names, commercial and industrial monopolies, combines and


trusts, standards of goods and commodities and industrial standards;


(g) any admiralty jurisdiction, including shipping and navigation on


the River Niger or River Benue and their affluents and on such other


inland waterway as may be designated by any enactment to be an


international waterway, all Federal ports, (including the constitution


and powers of the ports authorities for Federal ports) and carriage by


sea;


(h) diplomatic, consular and trade representation;


(i) citizenship, naturalisation and aliens, deportation of persons who


are not citizens of Nigeria, extradition, immigration into and


emigration from Nigeria, passports and visas;


(j) bankruptcy and insolvency;


(k) aviation and safety of aircraft.


(l) arms, ammunition and explosives;


(m) drugs and poisons;


(n) mines and minerals (including oil fields, oil mining, geological


surveys and natural gas);


(o) weights and measures:


(p) the administration or the management and control of the Federal


Government or any of its agencies;


(q) subject to the provisions of this Constitution, the operation and


interpretation of this Constitution in so far as it affects the


Federal Government or any of its agencies;


(r) any action or proceeding for a declaration or injunction affecting


the validity of any executive or administrative action or decision by


the Federal Government or any of its agencies; and


(s) such other jurisdiction civil or criminal and whether to the


exclusion of any other court or not as may be conferred upon it by an


Act of the National Assembly:


Provided that nothing in the provisions of paragraphs (p), (q) and (r)


of this subsection shall prevent a person from seeking redress against


the Federal Government or any of its agencies in an action for


damages, injunction or specific performance where the action is based



on any enactment, law or equity.


(2) The Federal High Court shall have and exercise jurisdiction and powers


in respect of treason, treasonable felony and allied offences.


(3) The Federal High Court shall also have and exercise jurisdiction and


powers in respect of criminal causes and matters in respect of which


jurisdiction is conferred by subsection (1) of this section.


252. (1)For the purpose of exercising any jurisdiction conferred upon it by


this Constitution or as may be conferred by an Act of the National Assembly,


the Federal High Court shall have all the powers of the High Court of a


state.


(2) Notwithstanding subsection (1) of this section, the National Assembly


may by law make provisions conferring upon the Federal high Court powers


additional to those conferred by this section as may appear necessary or


desirable for enabling the Court more effectively to exercise its


jurisdiction.


253. The Federal High Court shall be duly constituted if it consists of at


least one Judge of that Court.


254. Subject to the provisions of any Act of the National Assembly, the


Chief Judge of the Federal High Court may make rules for regulating the


practice and procedure of the Federal High Court.


D - The High Court of the Federal Capital Territory, Abuja


255. (1)There shall be a High Court of the Federal Capital Territory, Abuja.


(2) The High Court of the Federal Capital Territory, Abuja shall consist


of -


(a) a Chief Judge of the High Court of the Federal Capital Territory,


Abuja; and


(b) such number of Judges of the High Court as may be prescribed by an


Act of the National Assembly.


256. (1) The appointment of a person to the office of Chief Judge of the


High Court of the Federal Capital Territory, Abuja shall be made by the


President on the recommendation of the National Judicial council, subject to


confirmation of such appointment by the senate.


(2) The appointment of a person to the office of a Judge of the High Court


of the Federal Capital Territory, Abuja shall be made by the president on


the recommendation of the National Judicial Council.


(3) A person shall not be qualified to hold the office of a Chief Judge or


a Judge of the High Court of the Federation Capital Territory, Abuja


unless he is qualified to practice as a legal practitioner in Nigeria and


has been so qualified for a period of not less than ten years.


(4) If the office of the Chief Judge of the High Court of the Federal


Capital Territory, Abuja is vacant or if the person holding the office is


for any reason unable to perform the functions of the office, then until a


person has been appointed to and has assumed the functions of that office


until the person holding the office has resumed those functions, the


President shall appoint the most senior Judge of the High Court of the



Federal Capital Territory, Abuja, to perform those functions.


(5) Except on the recommendation of the National Judicial Council, an


appointment pursuant to the provisions of subsection (4) of this section


shall cease to have effect after the expiration of three months from the


date of such appointment and the President shall not re-appoint a person


whose appointment has lapsed.


257. (1) Subject to the provisions of section 251 and any other provisions


of this Constitution and in addition to such other jurisdiction as may be


conferred upon it by law, the High Court of the Federal Capital Territory,


Abuja shall have jurisdiction to hear and determine any civil proceedings in


which the existence or extent of a legal right, power, duty, liability


privilege, interest, obligation or claim is in issue or to hear and


determine any criminal proceedings involving or relating to any penalty,


forfeiture, punishment or other liability in respect of an offence committed


by any person.


(2) The reference to civil or criminal proceedings in this section


includes a reference to the proceedings which originate in the High Court


of the Federal Capital Territory, Abuja and those which are brought before


the High Court of the Federal Capital Territory, Abuja to be dealt with by


the Court in the exercise of its appellate or supervisory jurisdiction.


258. The High Court of the Federal Capital Territory, Abuja shall be duly


constituted if it consists of at least one Judge of that court.


259. Subject to the provisions of any Act of the National Assembly, the


Chief Judge of the High Court of the Federal Capital Territory, Abuja may


make rules for regulating the practice and procedure of the High Court of


the Federal Capital Territory, Abuja.


Back to Page One


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



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


F - The Customary Court of Appeal of the Federal Capital Territory, Abuja.


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.


Back to Page One



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.


Back to Page One


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.


Back to Page One


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.


Back to Page One


Part III


Election Tribunals


285. (1) There shall be established for the Federation one or more election


tribunals to be known as the National Assembly Election Tribunals which


shall, to the exclusion of any or tribunal, have original jurisdiction to


hear and determine petitions as to whether -


(a) any person has been validly elected as a member of the National


Assembly;


(b) the term of office of any person under this Constitution has


ceased;


(c) the seat of a member of the Senate or a member of the House of


Representatives has vacant; and


(d) a question or petition brought before the election tribunal has


been properly or improperly brought.


(2) There shall be established in each State of the Federation one or more


election tribunals to be known as the Governorship and Legislative Houses



Election Tribunals which shall, to the exclusion of any court or tribunal,


have original jurisdiction to hear and determine petitions as to whether


any person has been validly elected to the office of Governor or Deputy


Governor or as a member of any legislative house.


(3) The composition of the National Assembly election Tribunals,


Governorship and Legislative Houses Election Tribunals shall be as set out


I the Sixth Schedule to this Constitution.


(4) The quorum of an election tribunal established under this section


shall be the Chairman and two other members.


Back to Page One


Part IV


Supplemental


286. (1) Subject to the provisions of this Constitution-


(a) where by the Law of a State jurisdiction is conferred upon any


court for the hearing and determination of civil causes and of appeals


arising out of such causes, the court shall have like jurisdiction


with respect to the hearing and determination of Federal causes and of


appeals arising out of such causes:


(b) where by the Law of a State jurisdiction is conferred upon any


court for the investigation, inquiry into, or trial of persons accused


of offences against the Laws of the State and with respect to the


hearing and determination of appeals arising out of any such trial or


out of any proceedings connected therewith, the court shall have like


jurisdiction with respect to the investigation, inquiry into, or trial


of persons for Federal offences and the hearing and determination of


appeals arising out of the trial or proceedings; and


(c) the jurisdiction conferred on a court of a state pursuant to the


provisions of this section shall be exercised in conformity with the


practice and procedure for the time being prescribed in relation to


its jurisdiction over civil or criminal causes other than Federal


causes.


(2) Nothing in the provisions of this section shall be construed, except


in so far as other provisions have been made by the operation of sections


299 and 301 of this Constitution, as conferring jurisdiction as respects


Federal causes or Federal offences upon a court presided over by a person


who is not or has not been qualified to practice as a legal practitioner


in Nigeria.


(3) In this section, unless the context otherwise requires -


" causes" includes matter;


"Federal cause" means civil or criminal cause relating to provisions of


the National Assembly has power to make laws; and



"Federal offence" means an offence contrary to the provisions of Act of


the National Assembly or any law having effect as if so enacted.


287. (1) The decisions of the Supreme court shall be enforced in any part of


the Federation by all authorities and persons, and by courts with


subordinate jurisdiction to that of the supreme Court.


(2) The decisions of the Court of Appeal shall be enforced in any part of


the Federation by all authorities and persons, and by courts with


subordinate jurisdiction to that of the court of Appeal.


(3) The decisions of the Federal High Court, a High Court and of all other


courts established by this Constitution shall be enforced in any part of


the Federation by all authorities and persons, and by other courts of law


with subordinate jurisdiction to that of the Federal High Court, a High


Court and those other courts, respectively.


288. (1) In exercising his powers under the foregoing provisions of this


Chapter in respect of appointments to the offices of Justices of the Supreme


court and Justices of the Court of Appeal, the President shall have regard


to the need to ensure that there are among the holders of such offices


persons learned in Islamic personal law and persons learned in Customary


law.


(2) For the purposes of subsection (1) of this section -


(a) a person shall be deemed to be learned in Islamic personal law if


he is a legal practitioner in Nigeria and has been so qualified for a


period of not less than fifteen years in the case of a Justice of the


Supreme Court or not less than twelve years in the case of a Justice


of the Court of Appeal and has in either case obtained a recognized


qualification in Islamic law from an institution acceptable to the


national Judicial Council; and


(b) a person shall be deemed to be learned in Customary law if he is a


legal practitioner in Nigeria and has been so qualified for a period


of not less than fifteen years in the case of a Justice of the Supreme


Court or not less than twelve years in the case of a Justice of the


Court of Appeal and has in either case and in the opinion of the


National Judicial Council considerable knowledge of and experience in


the practice of Customary law.


289. No legal practitioner shall be qualified for appointment as a Justice


of the Supreme Court, the Court of Appeal or a Judge of a Federal High Court


or a Judge of a High Court or a kadi of a Sharia Court of Appeal or a Judge


of the Customary Court of Appeal whilst he is a member of the National


Judicial Council or Committee of the Federal Capital Territory, Abuja or a


State Judicial Service Commission, and he shall remain so disqualified until


a period of three years has elapsed since he ceased to be member.


290. (1) A person appointed to any judicial office shall not begin to


perform the functions of that office until he has declared his assets and


liabilities as prescribed under this Constitution and has subsequently taken


and subscribed the Oath of Allegiance and the Judicial Oath prescribed in


the seventh Schedule to this Constitution.



(2) The oaths aforesaid shall be administered by the person for the time


being authorized by law to administer such oaths.


291. (1) A judicial officer appointed to the Supreme Court or the Court of


Appeal may retire when he attains the age of sixty-five years and he shall


cease to hold office when he attains the age of seventy years.


(2) A judicial officer appointed to any other court, other than those


specified in subsection (1) of this section may retire when he attains the


age of sixty years and he shall cease to hold office when he attains the


age of sixty-five years.


(3) Any person who has held office as a judicial officer -


(a) for a period of not less than fifteen years shall, if he retires


at or after the age of sixty-five years in the case of the Chief


Justice of Nigeria, a Justice of the Supreme Court, the President of


the court of Appeal or a Justice of the Court of Appeal or at or after


the age of sixty years in any other case, be entitled to pension for


life at a rate equivalent to his last annual salary and all his


allowances in addition to any other retirement benefits to which he


may be entitled;


(b) for a period of less than fifteen years shall, if he retires at or


after the age of sixty-five years or sixty years, as the case may be,


be entitled to pension for life at a rate as in paragraph (a) of this


subsection pro rata the number of years he served as a judicial


officer in relation to the period of fifteen years, and all his


allowances in addition to other retirement benefits to which he may be


entitled under his terms and conditions of service; and


(c) in any case, shall be entitled to such pension and other


retirement benefits as may be regulated by an Act o the National


Assembly or by a Law of a House of Assembly of a State.


(4) Nothing in this section or elsewhere in this Constitution shall


preclude the application of the provisions of any other law that provides


for pensions, gratuities and other retirement benefits for persons in the


public service of the Federation or a State.


292. (1) A judicial officer shall not be removed from his office or


appointment before his age of retirement except in the following


circumstances -


(a) in the case of -


(i) Chief Justice of Nigeria, President of the Court of Appeal,


Chief Judge of the Federal High Court, Chief Judge of the High Court


of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia


Court of Appeal of the Federal Capital Territory, Abuja and


President, Customary Court of Appeal of the Federal Capital


Territory, Abuja, by the President acting on an address supported by


two-thirds majority of the Senate.


(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal


or President of a Customary Court of Appeal of a State, by the


Governor acting on an address supported by two-thirds majority of



the House of Assembly of the State,


Praying that he be so removed for his inability to discharge the


functions of his office or appointment (whether arising from


infirmity of mind or of body) or for misconduct or contravention of


the Code of Conduct;


(b) in any case, other than those to which paragraph (a) of this


subsection applies, by the President or, as the case may be, the


Governor acting on the recommendation of the National Judicial Council


that the judicial officer be so removed for his inability to discharge


the functions of his office or appointment (whether arising from


infirmity of mind or of body) or for misconduct or contravention of


the Code of Conduct.


(2) Any person who has held office as a judicial officer shall not on


ceasing to be a judicial officer for any reason whatsoever thereafter


appear or act as a legal practitioner before any court of law or tribunal


in Nigeria.


293. Except for the purposes of exercising any jurisdiction conferred by


this Constitution or by any other law, every court established under this


Constitution shall be deemed to be duly constituted notwithstanding any


vacancy in the membership of the court.


294. (1) Every court established under this Constitution shall deliver its


decision in writing not later than ninety days after the conclusion of


evidence and final addresses and furnish all parties to the cause or matter


determined with duly authenticated copies of the decision within seven days


of the delivery thereof.


(2) Each Justice of the Supreme Court or of the Court of Appeal shall


express and deliver his opinion in writing, or may state in writing that


he adopts the opinion of any other Justice who delivers a written opinion:


Provided that it shall not be necessary for the Justices who heard a cause


or matter to be present when judgment is to be delivered and the opinion


of a Justice may be pronounced or read by any other Justice whether or not


he was present at the hearing.


(3) A decision of a court consisting of more than one Judge shall be


determined by the opinion of the majority of its members.


(4) For the purpose of delivering its decision under this section, the


Supreme court, or the court of Appeal shall be deemed to be duly


constituted if at least one member of that court sits for that purpose.


(5) The decision of a court shall not be set aside or treated as a nullity


solely on the ground of non-compliance with the provisions of subsection


(1) of this section unless the court exercising jurisdiction by way of


appeal or review of that decision is satisfied that the party complaining


has suffered a miscarriage of justice by reason thereof.


(6) As soon as possible after hearing and deciding any case in which it


has been determined or observed that there was non-compliance with the


provisions of subsection (1) of this section, the person presiding at the



sitting of the court shall send a report on the case to the Chairman of


the National Judicial Council who shall keep the Council informed of such


action as the Council may deem fit.


295. (1) Where any question as to the interpretation or application of this


Constitution arises in any proceedings in any court of law in any part of


Nigeria (other than in the Supreme Court, the Court of Appeal, the Federal


High Court or a High Court) and the court is of the opinion that the


question involves a substantial question of law, the court may, and shall if


any of the parties to the proceedings so requests, refer the question to the


Federal High Court or a High Court having jurisdiction in that part of


Nigeria and the Federal High Court or the High Court shall


(a) if it is of opinion that the question involves a substantial question of


law, refer the question to the Court of Appeal;


o r


(b) if it is of opinion that the question does not involve a


substantial question of law, remit the question to the court that made


the reference to be disposed of in accordance with such directions as


the Federal High Court or the High Court may think fit to give.


(2) Where any question as to the interpretation or application of this


constitution arises in any proceedings in the Federal High Court or a High


Court, and the court is of opinion that the question involves a


substantial question of law, the court may, and shall if any party to the


proceedings so requests, refer the question to the Court of Appeal; and


where any question is referred in pursuance of this subsection, the court


shall give its decision upon the question and the court in which the


question arose shall dispose of the case in accordance with that decision.


(3) Where any question as to the interpretation or application of this


constitution arises in any proceedings in the Court of Appeal and the


court is of opinion that the question involves a substantial question of


law, the court may, and shall if any party to the proceedings so requests,


refer the question to the Supreme Court which shall give its decision upon


the question and give such directions to the Court of Appeal as it deems


appropriate.


296. In this Chapter, unless the context otherwise requires, "office" when


used with reference to the validity of an election to an office includes the


office of President of the Federation, Vice-President of the Federation and


Governor or Deputy Governor of a State but does not include the office of


President of the Senate, Speaker of the House of Representatives, Speaker of


a House of Assembly or any office established by this Constitution.


Back to Page One


Chapter VIII


Federal Capital Territory, Abuja and General Supplementary Provisions



Part I


Federal Capital Territory, Abuja


297. (1) There shall be a Federal Capital Territory, Abuja the boundaries of


which are as defined in Part II of the First Schedule to this Constitution.


(2) The ownership of all lands comprised in the Federal Capital Territory,


Abuja shall vest in the Government of the Federal Republic of Nigeria.


298. The Federal Capital Territory, Abuja shall be the Capital of the


Federation and seat of the Government of the Federation.


299. The provisions of this Constitution shall apply to the Federal Capital


Territory, Abuja as if it were one of the States of the Federation; and


accordingly -


(a) all the legislative powers, the executive powers and the judicial


powers vested in the House of Assembly, the Governor of a State and in


the courts of a State shall, respectively, vest in the National


Assembly, the President of the Federation and in the courts which by


virtue of the foregoing provisions are courts established for the


Federal Capital Territory, Abuja;


(b) all the powers referred to in paragraph (a) of this section shall


be exercised in accordance with the provisions of this Constitution;


and


(c) the provisions of this Constitution pertaining to the matters


aforesaid shall be read with such modifications and adaptations as may


be reasonably necessary to bring them into conformity with the


provisions of this section.


300. For the purposes of Chapter V of this Constitution, the Federal Capital


Territory, Abuja shall constitute one Senatorial district and as many


Federal constituencies as it is entitled to under section 49 of this


Constitution.


301. Without prejudice to the generality of the provisions of section 299 of


this Constitution, in its application to the Federal Capital Territory,


Abuja, this Constitution shall be construed as if-


(a) references to the Governor, Deputy Governor and the executive


council of a State (howsoever called) were references to the


President, Vice-President and the executive council of the Federation


(howsoever called) respectively;


(b) references to the Chief Judge and Judges of the High Court of a


State were references to the Chief Judge and Judges of the High Court,


which is established for the Federal Capital Territory, Abuja by the


provisions of this Constitution; and


(c) references to persons, offices and authorities of a State were


references to the persons, offices and authorities of the Federation


with like status, designations and powers, respectively; and in


particular, as if references to the Attorney-General, Commissioners


and the Auditor-General for a State were references to the


Attorney-General, Ministers and the Auditor-General of the Federation



with like status, designations and powers.


302. The President may, in exercise of the powers conferred upon him by


section 147 of this Constitution, appoint for the Federal Capital Territory,


Abuja a Minister who shall exercise such powers and perform such functions


as may be delegated to him by the President, from time to time.


303. The Federal Capital Territory, Abuja shall comprise six area councils


and the administrative and political structure thereof shall be as provided


by an Act of the National Assembly.


304. (1) There shall be for the Federal Capital Territory, Abuja, a Judicial


Service Committee of the Federal Capital Territory, Abuja, the composition


and functions of which shall be as provided in Part III of the Third


Schedule to this Constitution.


(2) The provisions of sections 154(1) and (3), 155, 156, 157(1) and (2),


158(1) and 159 to 161 of this Constitution shall apply with necessary


modifications to the Judicial Service Committee of the Federal Capital


Territory, Abuja.


Back to Page One


Part II


Miscellaneous Provisions


305. (1) Subject to the provisions of this Constitution, the President may


by instrument published in the Official -Gazette} of the Government of the


Federation issue a Proclamation of a state of emergency in the Federation or


any part thereof.


(2) The President shall immediately after the publication, transmit copies


of the Official -Gazette of the Government of the Federation containing


the proclamation including the details of the emergency to the President


of the Senate and the Speaker of the House of Representatives, each of


whom shall forthwith convene or arrange for a meeting of the House of


which he is President or Speaker, as the case may be, to consider the


situation and decide whether or not to pass a resolution approving the


Proclamation.


(3) The President shall have power to issue a Proclamation of a state of


emergency only when -


(a) the Federation is at war;


(b) the Federation is in imminent danger of invasion or involvement in


a state of war;


(c) there is actual breakdown of public order and public safety in the


Federation or any part thereof to such extent as to require


extraordinary measures to restore peace and security;


(d) there is a clear and present danger of an actual breakdown of


public order and public safety in the Federation or any part thereof



requiring extraordinary measures to avert such danger;


(e) there is an occurrence or imminent danger, or the occurrence of


any disaster or natural calamity, affecting the community or a section


of the community in the Federation;


(f) there is any other public danger which clearly constitutes a


threat to the existence of the Federation; or


(g) the President receives a request to do so in accordance with the


provisions of subsection (4) of this section.


(4) The Governor of a State may, with the sanction of a resolution


supported by two-thirds majority of the House of Assembly, request the


President to issue a Proclamation of a state of emergency in the State


when there is in existence within the State any of the situations


specified in subsection (3) (c), (d) and (e) of this section and such


situation does not extend beyond the boundaries of the State.


(5) The President shall not issue a Proclamation of a state of emergency


in any case to which the provisions of subsection (4) of this section


apply unless the Governor of the State fails within a reasonable time to


make a request to the President to issue such Proclamation.


(6) A Proclamation issued by the President under this section shall cease to


have effect -


(a) if it is revoked by the President by instrument published in the


Official Gazette of the Government of the Federation;


(b) if it affects the Federation or any part thereof and within two


days when the National Assembly is in session, or within ten days when


the National Assembly is not in session, after its publication, there


is no resolution supported by two-thirds majority of all the members


of each House of the National Assembly approving the Proclamation;


(c) after a period of six months has elapsed since it has been in


force:


Provided that the National Assembly may, before the expiration of the


period of six months aforesaid, extend the period for the Proclamation


of the state of emergency to remain in force from time to time for a


further period of six months by resolution passed in like manner; or


(d) at any time after the approval referred to in paragraph (b) or the


extension referred to in paragraph (c) of this subsection, when each


House of the National Assembly revokes the Proclamation by a simple


majority of all the members of each House.


306. (1) Save as otherwise provided in this section, any person who is


appointed, elected or otherwise selected to any office established by this


Constitution may resign from that office by writing under his hand addressed


to the authority or person by whom he was appointed, elected or selected.


(2) The resignation of any person from any office established by this


Constitution shall take effect when the writing signifying the resignation


is received by the authority or person to whom it is addressed or by any


person authorised by that authority or person to receive it.


(3) The notice of resignation of the President and of the Vice-President



shall respectively be addressed to the president of the Senate and to the


President.


(4) On the resignation of the President, the President of the Senate shall


forthwith give notice of the resignation to the Speaker of the House of


Representatives.


(5) The notice of resignation of the Governor and of the Deputy Governor


of a State shall respectively be addressed to the Speaker of the House of


Assembly and the Governor of the State.


(6) The notice of resignation of the President of the Senate and of the


Speaker of the House of Representatives shall in each case be addressed to


the Clerk of the National Assembly, and the notice of resignation of the


Speaker of a House of Assembly shall be addressed to the Clerk of the


House of Assembly of the State.


(7) The notice of resignation of a member of a legislative house shall be


addressed to the President of the Senate or, as the case may require, to


the Speaker of the legislative house in question.


307. Notwithstanding any provisions contained in Chapter IV and subject to


sections 131 and 177 of this Constitution, no citizen of Nigeria by


registration or under a grant of certificate of naturalisation shall within


ten years of such registration or grant, hold any elective or appointive


office under this Constitution.


308. (1) Notwithstanding anything to the contrary in this Constitution, but


subject to subsection (2) of this section -


(a) no civil or criminal proceedings shall be instituted or continued


against a person to whom this section applies during his period of


office;


(b) a person to whom this section applies shall not be arrested or


imprisoned during that period either in pursuance of the process of


any court or otherwise; and


(c) no process of any court requiring or compelling the appearance of


a person to whom this section applies, shall be applied for or issued:


Provided that in ascertaining whether any period of limitation has


expired for the purposes of any proceedings against a person to whom


this section applies, no account shall be taken of his period of


office.


(2) The provisions of subsection (1) of this section shall not apply to


civil proceedings against a person to whom this section applies in his


official capacity or to civil or criminal proceedings in which such a


person is only a nominal party.


(3) This section applies to a person holding the office of President or


Vice-President, Governor or Deputy Governor; and the reference in this


section to "period of office" is a reference to the period during which


the person holding such office is required to perform the functions of the


office.



Back to Page One


Part III


Transitional Provisions and Savings


309. Notwithstanding the provisions of Chapter III of this Constitution but


subject to section 28 thereof, any person who became a citizen of Nigeria by


birth, registration or naturalisation under the provisions of any other


Constitution shall continue to be a citizen of Nigeria under this


Constitution.


310. (1) Until the National Assembly or a House of Assembly has exercised


its powers to initiate legislation in accordance with the provisions of


section 51 or 93 of this Constitution, the Clerk or other staff of a


legislative house shall be appointed, as respects each House of the National


Assembly by the Federal Civil Service Commission, and as respects a House of


Assembly by the State Civil Service Commission.


(2) In exercising its powers under the provisions of this section, the


Federal Civil Service Commission shall consult, as appropriate, the


President of the Senate or the Speaker of the House of the


Representatives, and a State Civil Service Commission shall consult the


Speaker of the House of Assembly of the State.


311. (1) The provisions of this section shall have effect until the National


Assembly or a House of Assembly exercises the powers conferred upon it by


section 60 or 101 of this Constitution as appropriate.


(2) The Standing Orders of the Senate established under the former


Constitution shall apply in relation to the proceedings in the Senate


established under this Constitution.


(3) The Standing Orders of the House of Representatives established under


the former Constitution shall apply in relation to the proceedings in the


House of Representatives established under this Constitution.


(4) The Standing Orders of a House of Assembly established under the


former Constitution shall apply in relation to a House of Assembly of a


State established under this Constitution.


(5) The Standing Orders of the former legislative houses referred to in


subsections (2), (3) and (4) of this section, shall apply in relation to a


legislative house with such modifications as may be necessary to bring


them into conformity with the provisions of this Constitution.


(6) In this section, the "former Constitution" refers to the Constitution


of the Federal Republic of Nigeria 1979.


312. (1) The electoral commission established for the Federation under any


law in force immediately before the date when this section comes into force


shall be responsible for performing the functions conferred on the


Independent National Electoral Commission established by the provisions of


this Constitution.


(2) Any person who before the coming into force of this Constitution was


elected to any elective office mentioned in this Constitution in



accordance with the provisions of any law in force immediately before the


coming into force of this Constitution shall be deemed to have been duly


elected to that office under this Constitution.


313. Pending any Act of the National Assembly for the provision of a system


of revenue allocation between the Federation and the States, among the


States, between the States and local government councils and among the local


government councils in the States, the system of revenue allocation in


existence for the financial year beginning from 1st January 1998 and ending


on 31st December 1998 shall, subject to the provisions of this Constitution


and as from the date when this section comes into force, continue to apply:


Provided that where functions have been transferred under this Constitution


from the Government of the Federation to the States and from the States to


local government councils the appropriations in respect of such functions


shall also be transferred to the States and the local government councils,


as the case may require.


314. Any debt of the Federation or of a State which immediately before the


date when this section comes into force was charged on the revenue and


assets of the Federation or on the revenue and assets of a State shall, as


from the date when this section comes into force, continue to be so charged.


315. (1) Subject to the provisions of this Constitution, an existing law


shall have effect with such modifications as may be necessary to bring it


into conformity with the provisions of this Constitution and shall be deemed


to be -


(a) an Act of the National Assembly to the extent that it is a law


with respect to any matter on which the National Assembly is empowered


by this Constitution to make laws; and


(b) a Law made by a House of Assembly to the extent that it is a law


with respect to any matter on which a House of Assembly is empowered


by this Constitution to make laws.


(2) The appropriate authority may at any time by order make such


modifications in the text of any existing law as the appropriate authority


considers necessary or expedient to bring that law into conformity with


the provisions of this Constitution.


(3) Nothing in this Constitution shall be construed as affecting the power


of a court of law or any tribunal established by law to declare invalid


any provision of an existing law on the ground of inconsistency with the


provision of any other law, that is to say-


(a) any other existing law;


(b) a Law of a House of Assembly;


(c) an Act of the National Assembly; or


(d) any provision of this Constitution.


(4) In this section, the following expressions have the meanings assigned


to them, respectively -


(a) "appropriate authority" means -


(i) the President, in relation to the provisions of any law of the



Federation,


(ii) the Governor of a State, in relation to the provisions of any


existing law deemed to be a Law made by the House of Assembly of


that State, or


(iii) any person appointed by any law to revise or rewrite the laws


of the Federation or of a State;


(b) "existing law" means any law and includes any rule of law or any


enactment or instrument whatsoever which is in force immediately


before the date when this section comes into force or which having


been passed or made before that date comes into force after that date;


and


(c) "modification" includes addition, alteration, omission or repeal.


(5) Nothing in this Constitution shall invalidate the following


enactments, that is to say -


(a) the National Youth Service Corps Decree 1993;


(b) the Public Complaints Commission Act;


(c) the National Security Agencies Act;


(d) the Land Use Act,


and the provisions of those enactments shall continue to apply and


have full effect in accordance with their tenor and to the like extent


as any other provisions forming part of this Constitution and shall


not be altered or repealed except in accordance with the provisions of


section 9 (2) of this Constitution.


(6) Without prejudice to subsection (5) of this section, the enactments


mentioned in the said subsection shall hereafter continue to have effect


as Federal enactments and as if they related to matters included in the


Exclusive Legislative List set out in Part I of the Second Schedule to


this Constitution.


316. (1) Any office, court of law or authority which immediately before the


date when this section comes into force was established and charged with any


function by virtue of any other Constitution or law shall be deemed to have


been duly established and shall continue to be charged with such function


until other provisions are made, as if the office, court of law or authority


was established and charged with the function by virtue of this Constitution


or in accordance with the provisions of a law made thereunder.


(2) Any person who immediately before the date when this section comes


into force holds office by virtue of any other Constitution or law in


force immediately before the date when this section comes into force shall


be deemed to be duly appointed to that office by virtue of this


Constitution or by any authority by whom appointments to that office fall


to be made in pursuance of this Constitution.


(3) Notwithstanding the provisions of subsection (2) of this section, any


person holding such office, a member of a court of law or authority, who


would have been required to vacate such office, or where his membership of


such court of law or authority would have ceased but for the provisions of


the said subsection (2) of this section, shall at the expiration of the



period prescribed therefor after the date when this section comes into


force vacate such office or, as the case may be, his membership of such


court of law or authority shall cease, accordingly.


(4) The foregoing provisions of this section are without prejudice to the


exercise of such powers as may be conferred by virtue of this Constitution


or a law upon any authority or person to make provisions with respect to


such matters as may be prescribed or authorised by this Constitution or


such law, including the establishment and abolition of offices, courts of


law or authorities, and with respect to the appointment of persons to hold


offices or to be members of courts of law or authorities and their removal


from such offices, courts of law or authorities.


317. (1) Without prejudice to the generality of section 315 of this


constitution, any property, right, privilege, liability or obligation which


immediately before the date when this section comes into force was vested


in, exercisable or enforceable by or against-


(a) the former authority of the Federation as representative or


trustee for the benefit of the Federation;


(b) any former authority of a state as representative or trustee for


the benefit of the state, shall on the date when this section comes


into force and without further assurance than the provisions thereof


vest in, or become exercisable of enforceable by or against the


President and Government of the Federation, and the Governor and


Government of the state, as the case may be


(2) For the purposes of this section -


(a) the President and Government of the Federation, and the Governor


and Government of a state, shall be deemed, respectively, to be


successors to the said former authority of the Federation and former


authority of the state in question; and


(b) references in this section to "former authority of the Federation"


and "former authority of a state" include references to the former


Government of the Federation and the former government of a state, a


local government authority or any person who exercised any authority


on its behalf.


Back to Page One


Part IV


Interpretation, Citation and commencement


318. (1) In this constitution, unless it is otherwise expressly provided or


the context otherwise requires-


"Act" or "Act of the National Assembly" means any law made by the National


Assembly and includes any law which takes effect under the provisions of


this constitution as an Act of the National Assembly;


"appointment" or its cognate expression includes appointment on promotion



and transfer or confirmation of appointment;


"area council" means each of the administrative areas within the Federal


Capital Territory, Abuja;


"authority" includes government;


"belong to" or its grammatical expression when used with reference to a


person in a state refers to a person either or whose parents or any of


whose grand parents was a member of a community indigenous to that state;


"civil service of the Federation" means service of the Federation in a


civil capacity as staff of the office of the President, the


Vice-President, a ministry or department of the government of the


Federation assigned with the responsibility for any business of the


Government of the Federation;


"civil service of the state" means service of the government of a state in


a civil capacity as staff of the office of the governor, deputy governor


or a ministry or department of the government of the state assigned with


the responsibility for any business of the government of the state;


"Cod of Conduct" refers to the Code of Conduct contained in the fifth


schedule to this constitution;


"Commissioner" means a Commissioner of the Government of a State;


"Concurrent Legislative List" means the list of matters set out in the


first column in Part 11 of the second schedule to this constitution with


respect to which the National Assembly and a House of Assembly may make


laws to the extent prescribed, respectively, opposite thereto in the


second column thereof;


"decision" means, in relation to a court, any determination of that court


and includes judgement decree, order, conviction, sentence or


recommendation;


"enactment" means provision of any law or a subsidiary instrument;


"Exclusive Legislative List" means the list in Part 1 of the second


schedule to this constitution;


"existing law" has the meaning assigned to it in section 315 of this


constitution;


"federal character of Nigeria" refers to the distinctive desire of the


peoples of Nigeria to promote national unity, foster national loyalty and


give every citizen of Nigeria a sense of belonging to the nation as


expressed in section 14 (3) and (4) of this constitution;


"Federation" means the Federal Republic of Nigeria;


"financial year" means any period of twelve months beginning on the first


day of January in any year or such other date as the National Assembly may


prescribe;


"function" includes power and duty;


"government" includes the Government of the Federation, or of any state,


or of a local government council or any person who exercises power of


authority on its behalf;


"Governor" or "Deputy Governor" means the governor of a state or a deputy


governor of a state;



"House of Assembly" means the House of Assembly of a state;


"Financial year" means any period of twelve months beginning on the first


day of January in any year or such other date as the National Assembly may


prescribe;


"function" includes power and duty;


"government" includes the Government of the Federation, or any State, or


of a local government council or any person who exercises power or


authority on its behalf;


"Governor" or Deputy Governor" means the Governor of a State or a Deputy


Governor of a State;


"House of Assembly" means the House of Assembly of a State;


"Judicial office" means the office of Chief Justice of Nigeria or a


Justice of the Supreme Court, the President or Justice of the Court of


Appeal, the office of the Chief Judge or a Judge of the Federal High


Court, the office of the Chief Judge or Judge of the High Court of the


Federal Capital Territory, Abuja, the office of the Chief Judge of a State


and Judge of the High Court of a State, a Grand Kadi or Kadi of the Sharia


Court of Appeal of the Federal Capital Territory, Abuja, a President or


Judge of the Customary Court of Appeal; of the Federal Capital Territory,


Abuja, a Grand Kadi or Kadi of the Sharia Court of Appeal of a State; and


a reference to a "judicial officer" is a reference to the holder of any


such office;


"law" means a law enacted by the House of Assembly of a State;


"Legislative house" means the Senate, House of Representatives or a House


of Assembly.


"Local government area" or "local government council" includes an area


council;


"public service of a State’ means the service of the State in any capacity


in respect of the Government of the State and includes service as:


(a) Clerk or other staff of the House of Assembly;


(b) member of staff of the High Court, the Sharia court of Appeal, the


Customary Court of Appeal; or other courts established for a State by


this Constitution or by a Law of a House of Assembly;


(c) member or staff of any commission or authority established for the


State by this Constitution or by a Law of a House of Assembly;


(d) staff of any local government council;


(e) staff of any statutory corporation established by a Law of a House


of Assembly;


(f) staff of any educational institution established or financed


principally by a government of a State; and


(g) staff of any company or enterprise in which the government of a


State or its agency holds controlling shares or interest;


"School Certificate or its equivalent" means


(a) a Secondary School Certificate or its equivalent, or Grade II


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.


Back to Page One


Schedules



First Schedule


Part 1


States of the Federation


State,Local Government, Areas, Capital City


AbiaAba 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-NeochiUmuahia


AdamawaDemsa, 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 IbomAbak, 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


AnambraAguata, 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


BauchiAlkaleri, Bauchi, Bogoro, Damban, Darazo, Dass, Ganjuwa, Giade,


Itas/Gadau, Jama’are, Katagum, Kirfi, Misau, Ningi, Shira, Tafawa-Balewa,


Toro, Warji, Zaki Bauchi


BayelsaBrass, Ekeremor, Kolokuma/Opokuma, Nembe, Ogbia, Sagbama, Southern


Ijaw, Yenegoa.Yenagoa


BenueAdo, 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


BornoAbadam, 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 RiverAbi, Akamkpa, Akpabuyo, Bakassi, Bekwara, Biase, Boki,


Calabar-Municipal, Calabar South, Etung, Ikom, Obanliku, Obubra, Obudu,


Odukpani, Ogoja, Yakurr, YalaCalabar


DeltaAniocha 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


EbonyiAbakaliki, Afikpo North, Afikpo South, Ebonyi, Ezza North, Ezza


South, Ikwo, Ishielu, Ivo, Izzi, Ohaozara, Ohaukwu, OnichaAbakaliki


EdoAkoko-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


EkitiAdo 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


EnuguAninri, 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-UwaniEnugu


GombeAkko, Balanga, Billiri, Dukku, Funakaye, Gombe, Kaltungo, Kwami,


Nafada, Shomgom, Yamaltu/Deba.Gombe


ImoAboh-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


JigawaAuyo, 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


KadunaBirnin-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, ZariaKaduna


KanoAjingi, 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


KatsinaBakori, 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


KebbiAleiro, 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


KogiAdavi, 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


KwaraAsa, Baruten, Edu, Ekiti, Ifelodun, Ilorin East, Ilorin West,


Irepodun, Isin, Kaiama, Moro, Offa, Oke-Ero, Oyun, Pategi. Ilorin


LagosAgege, 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


NasarawaAkwanga, Awe, Doma, Karu, Keana, Keffi, Kokona, Lafia, Nasarawa,


Nasarawa-Eggon, Obi, Toto, Wamba. Lafia


NigerAgaie, 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


OgunAbeokuta 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


OndoAkoko 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


OsunAiyedade, 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


OyoAfijio, 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


PlateauBarikin 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


RiversAbua/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


SokotoBinji, 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


TarabaArdo-kola, Bali, Donga, Gashaka, Cassol, Ibi, Jalingo, Karin-Lamido,


Kurmi, Lau, Sardauna, Takum. Ussa, Wukari, Yorro, Zing. Jalingo


YobeBade, Bursari, Damaturu, Fika, Fune, Geidam, Gujba, Gulani, Jakusko,


Karasuwa, Karawa, Machina, Nangere, Nguru Potiskum, Tarmua, Yunusari,


Yusufari. Damaturu


ZamfaraAnka, Bakura, Birnin Magaji, Bukkuyum, Bungudu, Gummi, Gusau,


Kaura, Namoda, Maradun, Maru, Shinkafi, Talata Mafara. Tsafe, Zurmi. Gusau


Back to Page One



Part II


1. Definition of Federal Capital Territory Abuja.


The definition of the boundaries of the Federal Capital Territory, Abuja


referred to under Chapters 1 and VIII of this Constitution is as follows:


Starting from the village called Izom on 7oE Longitude and 9o 15 Latitude,


project a straight line westward to a point just north of Lehu on the Kemi


River, then project a line along 6 o 47 ˝ ‘ 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 ˝ ‘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 Councils


Area CouncilHeadquarters


AbajiAbaji


Abuja MunicipalGarki


BwariBwari


GwagwaladaGwagwalada


KujeKuje


KwaliKwali


Back to Page One


Second Schedule


Legislative Powers



Part I


Exclusive Legislative List


Item


1. Accounts of the Government of the Federation, and of offices, courts, and


authorities thereof, including audit of those accounts.


2. Arms, ammunition and explosives.


3. Aviation, including airports, safety of aircraft and carriage of


passengers and goods by air.


4. Awards of national titles of honour, decorations and other dignities.


5. Bankruptcy and insolvency


6. Banks, banking, bills of exchange and promissory notes.


7. Borrowing of moneys within or outside Nigeria for the purposes of the


Federation or of any State.


8. Census, including the establishment and maintenance of machinery for


continuous and universal registration of births and deaths throughout


Nigeria.


9. Citizenship, naturalisation and aliens.


10. Commercial and industrial monopolies, combines and trusts.


11. Construction, alteration and maintenance of such roads as may be


declared by the National Assembly to be Federal trunk roads.


12. Control of capital issues.


13. Copyright


14. Creation of States


15. Currency, coinage and legal tender


16. Customs and excise duties


17. Defence


18. Deportation of persons who are not citizens of Nigeria


19. Designation of securities in which trust funds may be invested.


20. Diplomatic, consular and trade representation.


21. Drugs and poisons.


22. Election to the offices of President and Vice-President or Governor and


Deputy Governor and any other office to which a person may be elected under


this Constitution, excluding election to a local government council or any


office in such council.


23. Evidence


24. Exchange control


25. Export duties


26. External affairs


27. Extradition


28. Fingerprints identification and criminal records.


29. Fishing and fisheries other than fishing and fisheries in rivers, lakes,


waterways, ponds and other inland waters within Nigeria.



30. Immigration into and emigration from Nigeria


31. Implementation of treaties relating to matters on this list


32. Incorporation, regulation and winding up of bodies corporate, other than


co-operative societies, local government councils and bodies corporate


established directly by any Law enacted by a House of Assembly of a State.


33. Insurance.


34. Labour, including trade unions, industrial relations; conditions, safety


and welfare of labour; industrial disputes; prescribing a national minimum


wage for the Federation or any part thereof; and industrial arbitration.


35. Legal proceedings between Governments of States or between the


Government of the Federation and Government of any State or any other


authority or person.


36. Maritime shipping and navigation, including -


(a) shipping and navigation on tidal waters;


(b) shipping and navigation on the River Niger and its affluents and on


any such other inland waterway as may be designated by the National


Assembly to be an international waterway or to be an inter-State waterway;


(c) lighthouses, lightships, beacons and other provisions for the safety


of shipping and navigation;


(d) such ports as may be declared by the National Assembly to be Federal


ports (including the constitution and powers of port authorities for


Federal ports).


37. Meteorology


38. Military (Army, Navy and Air Force) including any other branch of the


armed forces of the Federation.


39. Mines and minerals, including oil fields, oil mining, geological surveys


and natural gas.


40. National parks being such areas in a State as may, with the consent of


the Government of that State, be designated by the National Assembly as


national parks.


41. Nuclear energy


42. Passports and visas


43. Patents, trade marks, trade or business names, industrial designs and


merchandise marks.


44. Pensions, gratuities and other-like benefit payable out of the


Consolidated Revenue Fund or any other public funds of the Federation.


45. Police and other government security services established by law.


46. Posts, telegraphs and telephones


47. Powers of the National Assembly, and the privileges and immunities of


its members


48. Prisons


49. Professional occupations as may be designated by the National Assembly.


50. Public debt of the Federation


51. Public holidays.


52. Public relations of the Federation



53. Public service of the Federation including the settlement of disputes


between the Federation and officers of such service.


54. Quarantine


55. Railways


56. Regulations of political parties


57. Service and execution in a State of the civil and criminal processes,


judgements, decrees, orders and other decisions of any court of law outside


Nigeria or any court of law in Nigeria other than a court of law established


by the House of Assembly of that State.


58. Stamp duties


59. Taxation of incomes, profits and capital gains, except as otherwise


prescribed by this Constitution.


60. The establishment and regulation of authorities for the Federation or


any part thereof -


(a) To promote and enforce the observance of the Fundamental Objectives


and Directive Principles contained in this Constitution;


(b) To identify, collect, preserve or generally look after ancient and


historical monuments and records and archaeological sites and remains


declared by the National Assembly to be of national significance or


national importance;


(c) to administer museums and libraries other than museums and libraries


established by the Government of a state;


(d) To regulate tourist traffic; and


(e) To prescribe minimum standards of education at all levels.


61. The formation, annulment and dissolution of marriages other than


marriages under Islamic law and Customary law including matrimonial causes


relating thereto.


62. Trade and commerce, and in particular -


(a) trade and commerce between Nigeria and other countries including


import of commodities into and export of commodities from Nigeria, and


trade and commerce between the states;


(b) establishment of a purchasing authority with power to acquire for


export or sale in world markets such agricultural produce as may be


designated by the National Assembly;


(c) inspection of produce to be exported from Nigeria and the enforcement


of grades and standards of quality in respect of produce so inspected;


(d) establishment of a body to prescribe and enforce standards of goods


and commodities offered for sale;


(e) control of the prices of goods and commodities designated by the


National Assembly as essential goods or commodities; and


(f) registration of business names.


63. Traffic on Federal trunk roads.


64. Water from such sources as may be declared by the National Assembly to


be sources affecting more than one state


65. Weights and measures.


66. Wireless, broadcasting and television other than broadcasting and



television provided by the Government of a state; allocation of wave-lengths


for wireless, broadcasting and television transmission.


67. Any other matter with respect to which the National Assembly has power


to make laws in accordance with the provisions of this Constitution.


68. Any matter incidental or supplementary to any matter mentioned elsewhere


in this list.


Back to Page One


Part II


Concurrent Legislative List


Extent of Federal and State Legislative powers


1. Subject to the provisions of this Constitution, the National Assembly may


by an Act make provisions for -


(a) the division of public revenue -


(i) between the Federation and the States;


(ii) among the States of the Federation;


(iii) between the States and local government councils;


(iv) among the local government councils in the States; and


(b) grants or loans from and the imposition of charges upon the


Consolidated Revenue Fund or any other public funds of the Federation or


for the imposition of charges upon the revenue and assets of the


Federation for any purpose notwithstanding that it relates to a matter


with respect to which the National Assembly is not empowered to make laws.


2. Subject to the provisions of this Constitution, any House of Assembly may


make provisions for grants or loans from and the imposition of charges upon


any of the public funds of that State or the imposition of charges upon the


revenue and assets of that State for any purpose notwithstanding that it


relates to a matter with respect to which the National Assembly is empowered


to make laws.


3. The National Assembly may make laws for the Federation or any part


thereof with respect to such antiquities and monuments as may, with the


consent of the State in which such antiquities and monuments are located, be


designated by the National Assembly as National Antiquities or National


Monuments but nothing in this paragraph shall preclude a House of Assembly


from making Laws for the State or any part thereof with respect to


antiquities and monuments not so designated in accordance with the foregoing


provisions.


4. The National Assembly may make laws for the Federation or any part


thereof with respect to the archives and public records of the Federation.



5. A House of Assembly may, subject to paragraph 4 hereof, make laws for


that State or any part thereof with respect to archives and public records


of the Government of the State.


6. Nothing in paragraphs 4 and 5 hereof shall be construed as enabling any


laws to be made which do not preserve the archives and records which are in


existence at the date of commencement of this Constitution, and which are


kept by authorities empowered to do so in any part of the Federation.


7. In the exercise of its powers to impose any tax or duty on -


(a) capital gains, incomes or profits or persons other than companies; and


(b) documents or transactions by way of stamp duties.


the National Assembly may, subject to such conditions as it may prescribe,


provide that the collection of any such tax or duty or the administration of


the law imposing it shall be carried out by the Government of a State or


other authority of a State.


8. Where an Act of the National Assembly provides for the collection of tax


or duty on capital gains, incomes or profit or the administration of any law


by an authority of a State in accordance with paragraph 7 hereof, it shall


regulate the liability of persons to such tax or duty in such manner as to


ensure that such tax or duty is not levied on the same person by more than


one State.


9. A House of Assembly may, subject to such conditions as it may prescribe,


make provisions for the collection of any tax, fee or rate or for the


administration of the Law providing for such collection by a local


government council.


10. Where a Law of a House of Assembly provides for the collection of tax,


fee or rate or for the administration of such Law by a local government


council in accordance with the provisions hereof it shall regulate the


liability of persons to the tax, fee or rate in such manner as to ensure


that such tax, fee or rate is not levied on the same person in respect of


the same liability by more than one local government council.


11. The National Assembly may make laws for the Federation with respect to


the registration of voters and the procedure regulating elections to a local


government council.


12. Nothing in paragraph 11 hereof shall preclude a House of Assembly from


making laws with respect to election to a local government council in


addition to but not inconsistent with any law made by the National Assembly.


13. The National Assembly may make laws for the Federation or any part


thereof with respect to-


(a) electricity and the establishment of electric power stations;


(b) the generation and transmission of electricity in or to any part of


the Federation and from one State to another State;


(c) the regulation of the right of any person or authority to dam up or


otherwise interfere with the flow of water from sources in any part of the


Federation;



(d) the participation of the Federation in any arrangement with another


country for the generation, transmission and distribution of electricity


for any area partly within and partly outside the Federation;


(f) the regulation of the right of any person or authority to use, work or


operate any plant, apparatus, equipment or work designed for the supply or


use of electrical energy.


14. A House of Assembly may make laws for the State with respect to -


(a) electricity and the establishment in that State of electric power


stations;


(b) the generation, transmission and distribution of electricity to areas


not covered by a national grid system within that State; and


(c) the establishment within that State of any authority for the promotion


and management of electric power stations established by the State.


15. In the foregoing provisions of this item, unless the context otherwise


requires, the following expressions have the meanings respectively assigned


to them -


"distribution" means the supply of electricity from a sub-station to the


ultimate consumer;


"management" includes maintenance, repairs or replacement;


"power station" means an assembly of plant or equipment for the creation or


generation of electrical energy; and


"transmission" means the supply of electricity from a power station to a


sub-station or from one sub-station to another sub-station, and the


reference to a


"sub-station" herein is a reference to an assembly of plant, machinery or


equipment for distribution of electricity.


16. The National Assembly may make laws for the establishment of an


authority with power to carry out censorship of cinematograph films and to


prohibit or restrict the exhibition of such films; and nothing herein shall


-


(a) preclude a House of Assembly from making provision for a similar


authority for that State; or


(b) authorise the exhibition of a cinematograph film in a State without


the sanction of the authority established by the Law of that State for the


censorship of such films.


17. The National Assembly may make laws for the Federation or any part


thereof with respect to -


(a) the health, safety and welfare of persons employed to work in


factories, offices or other premises or in inter-State transportation and


commerce including the training, supervision and qualification of such


persons;


(b) the regulation of ownership and control of business enterprises


throughout the Federation for the purpose of promoting, encouraging or


facilitating such ownership and control by citizens of Nigeria;


(c) the establishment of research centres for agricultural studies; and


(d) the establishment of institutions and bodies for the promotion or



financing of industrial, commercial or agricultural projects.


18. Subject to the provisions of this Constitution, a House of Assembly may


make Laws for that State with respect to industrial, commercial or


agricultural development of the State.


19. Nothing in the foregoing paragraphs of this item shall be construed as


precluding a House of Assembly from making Laws with respect to any of the


matters referred to in the foregoing paragraphs.


20. For the purposes of the foregoing paragraphs of this item, the word


"agricultural" includes fishery.


21. The National Assembly may make laws to regulate or co-ordinate


scientific and technological research throughout the Federation.


22. Nothing herein shall prelude a House of Assembly from establishing or


making provisions for an institution or other arrangement for the purpose of


scientific and technological research.


23. The National Assembly may make laws for the Federation or any part


thereof with respect to statistics so far as the subject matter relates to -


(a) any matter upon which the National Assembly has power to make laws;


and


(b) the organisation of co-ordinated scheme of statistics for the


Federation or any part thereof on any matter whether or not it has power


to make laws with respect thereto.


24. A House of Assembly may make Laws for the State with respect to


statistics and on any matter other than that referred to in paragraph 23


(a) of this item.


25. The National Assembly may make laws for the Federation or any part


thereof with respect to trigonometrical, cadastral and topographical


surveys.


26. A House of Assembly may, subject to paragraph 25 hereof, make laws for


that State or any part thereof with respect to trigonometrical, cadastral


and topographical surveys.


27. The National Assembly shall have power to make laws for the Federation


or any part thereof with respect to university education, technological


education or such professional education as may from time to time be


designated by the National Assembly.


28. The power conferred on the National Assembly under paragraph 27 of this


item shall include power to establish an institution for the purposes of


university, post-primary, technological or professional education.


29. Subject as herein provided, a House of Assembly shall have power to make


laws for the state with respect to the establishment of an institution for


purposes of university, technological or professional education.


30. Nothing in the foregoing paragraphs of this item shall be construed so


as to limit the powers of a House of Assembly to make laws for the State


with respect to technical, vocational, post-primary, primary or other forms


of education, including the establishment of institutions for the pursuit of


such education.



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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.


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Third Schedule


Part I


Federal Executive Bodies


(Established by Section 153)


A - Code of Conduct Bureau


1. The Code of Conduct Bureau shall comprise the following members:


(a) a Chairman; and


(b) nine other members, each of whom, at the time of appointment,


shall not be less than fifty years of age and subject to the


provisions of section 157 of this Constitution shall vacate his office


on attaining the age of seventy years.


2. The Bureau shall establish such offices in each state of the Federation


as it may require for the discharge of its functions under this


Constitution.


3. The Bureau shall have power to:


(a) receive declarations by public officers made under paragraph 12 of


Part I of the Fifth Schedule to this Constitution;


(b) examine the declarations in accordance with the requirements of the


Code of Conduct or any law;



(c) retain custody of such declarations and make them available for


inspection by any citizen of Nigeria on such terms and conditions as the


National Assembly may prescribe;


(d) ensure compliance with and, where appropriate, enforce the provisions


of the Code of Conduct of any law relating thereto;


(e) receive complaints about non-compliance with or breach of the


provisions of the Code of Conduct or any law in relation thereto,


investigate the complaint and, where appropriate, refer such matters to


the Code of Conduct Tribunal;


(f) appoint, promote, dismiss and exercise disciplinary control over the


staff of the Codes of Conduct Bureau in accordance with the provisions of


an Act of the National Assembly enacted in that behalf; and


(g) carry out such other functions as may be conferred upon it by the


National Assembly.


The terms and conditions of service of the staff of the Code of Conduct Bureau


shall be the same as those provided for public officers in the civil service


of the Federation.


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B - Council of State


5. The Council of State shall comprise the following persons:


(a) the President, who shall be the Chairman;


(b) the Vice-President, who shall be the Deputy Chairman;


(c) all former Presidents of the Federation and all former Heads of


the Government of the Federation;


(d) all former Chief Justices of Nigeria;


(e) the President of the Senate;


(f) the Speaker of the House of Representatives;


(g) all the Governors of the states of the Federation; and


(h) the Attorney-General of the Federation.


(6.) The Council shall have power to:


(a) advise the President in the exercise of his powers with respect to


the:-


(i) national population census and compilation, publication and


keeping of records and other information concerning the same;


(ii) prerogative of mercy;


(iii) award of national honours;


(iv) the Independent National Electoral Commission (including the


appointment of members of that Commission);


(v) the National Judicial Council (including the appointment of the


members, other than ex-officio members of that Council); and


(vi) the National Population Commission (including the appointment


of members of that Commission); and


(b) advise the President whenever requested to do so on the


maintenance of public order within the Federation or any part thereof



and on such other matters as the President may direct.


C - Federal Character Commission


7. (1) The Federal Character Commission shall comprise the following


members:


(a) a Chairman; and


(b) one person to represent each of the states of the Federation and


the Federal Capital Territory, Abuja.


(2) The Chairman and members shall be appointed by the President, subject


to confirmation by the Senate.


8. (1) In giving effect to the provisions of section 14(3) and (4) of this


Constitution, the Commission shall have the power to:


(a) work out an equitable formula subject to the approval of the


National Assembly for the distribution of all cadres of posts in the


public service of the Federation and of the States, the armed forces


of the Federation, the Nigeria Police Force and other government


security agencies, government owned companies and parastatals of the


states;


(b) promote, monitor and enforce compliance with the principles of


proportional sharing of all bureaucratic, economic, media and


political posts at all levels of government;


(c) take such legal measures, including the prosecution of the head or


staff of any Ministry or government body or agency which fails to


comply with any federal character principle or formula prescribed or


adopted by the Commission; and


(d) carry out such other functions as may be conferred upon it by an


Act of the National Assembly.


(2) The posts mentioned in sub-paragraph (1)(a) and (b) of this paragraph


shall include those of the Permanent Secretaries, Directors-General in


Extra-Ministerial Departments and parastatals, Directors in Ministries and


Extra-Ministerial Departments, senior military officers, senior diplomatic


posts and managerial cadres in the Federal and State parastatals, bodies,


agencies and institutions.


(3) Notwithstanding any provision in any other law or enactment, the


Commission shall ensure that every public company or corporation reflects


the federal character in the appointments of its directors and senior


management staff.


9. It shall be the duty of the Board of Directors of every state-owned


enterprise to recognise and promote the principle of federal character in


the ownership and management structure of the company.


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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.


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F - Independent National Electoral Commission


14. (1) The Independent National Electoral Commission shall comprise the


following members -


(a) a Chairman, who shall be the Chief Electoral Commissioner; and


(b) twelve other members to be known as National Electoral


Commissioners, who shall be persons of unquestionably integrity and


not less than fifty years and forty years of age, respectively.


(2) There shall be for each State of the Federation and the Federal


Capital Territory, Abuja, a Resident Electoral Commissioner who shall -


(a) be appointed by the President;


(b) be persons of unquestionable integrity;


(c) not be less than forty years of age.


15. The Commission shall have power to -


(a) organise, undertake and supervise all elections to the offices of


the President and Vice-President, the Governor and Deputy Governor of


a State, and to the membership of the Senate, the House of


Representatives and the House of Assembly of each State of the


Federation;


(b) register political parties in accordance with the provisions of


this Constitution and an Act of the National Assembly;


(c) monitor the organisation and operation of the political parties,


including their finances;


(d) arrange for the annual examination and auditing of the funds and


accounts of political parties, and publish a report on such


examination and audit for public information;


(e) arrange and conduct the registration of persons qualified to vote


and prepare, maintain and revise the register of voters for the


purpose of any election under this Constitution;


(f) monitor political campaigns and provide rules and regulations


which shall govern the political parties;


(g) ensure that all Electoral Commissioners, Electoral and Returning


Officers take and subscribe the Oath of Office prescribed by law;


(h) delegate any of its powers to any Resident Electoral Commissioner;


and


(i) carry out such other functions as may be conferred upon it by an



Act of the National Assembly.


G - National Defence Council


16. The National Defence Council shall comprise the following members -


(a) the President who shall be the Chairman;


(b) the Vice-President who shall be the Deputy Chairman;


(c) the Minister of the Government of the Federation responsible for


defence;


(d) the Chief of Defence Staff;


(e) the Chief of Army Staff;


(f) the Chief of Naval Staff;


(g) the Chief of Air Staff; and


(h) such other members as the President may appoint.


17. The Council shall have power to advise the President on matters relating


to the defence of the sovereignty and territorial integrity of Nigeria.


H - National Economic Council


18. The National Economic Council shall comprise the following members -


(a) the Vice-President who shall be the Chairman;


(b) the Governor of each State of the Federation; and


(c) the Governor of the Central Bank of Nigeria established under the


Central Bank of Nigeria Decree 1991 or any enactment replacing that


Decree.


19. The National Economic Council shall have power to advise the President


concerning the economic affairs of the Federation, and in particular on


measures necessary for the co-ordination of the economic planning efforts or


economic programmes of the various Governments of the Federation.


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I - National Judicial Council


20. The National Judicial Council shall comprise the following members -


(a) the Chief Justice of Nigeria who shall be the Chairman


(b) the next most senior Justice of the Supreme Court who shall be the


Deputy Chairman;


(c) the President of the Court of Appeal;


(d) five retired Justices selected by the Chief Justice of Nigeria


from the Supreme Court or Court of Appeal;


(e) the Chief Judge of the Federal High Court;


(f) five Chief Judges of States to be appointed by the Chief Justice


of Nigeria from among the Chief Judges of the States and of the High



Court of the Federal Capital Territory, Abuja in rotation to serve for


two years;


(g) one Grand Kadi to be appointed by the Chief Justice of Nigeria


from among Grand Kadis of the Sharia Courts of Appeal to serve in


rotation for two years;


(h) one President of the Customary Court of Appeal to be appointed by


the Chief Justice of Nigeria from among the Presidents of the


Customary Courts of Appeal to serve in rotation for two years;


(i) five members of the Nigerian Bar Association who have been


qualified to practice for a period of not less than fifteen years, at


least one of whom shall be a Senior Advocate of Nigeria, appointed by


the Chief Justice of Nigeria on the recommendation of the National


Executive Committee of the Nigerian Bar Association to serve for two


years and subject to re-appointment.


Provided that the five members shall sit in the Council only for the


purposes of considering the names of persons for appointment to the


superior courts of record; and


(j) two persons not being legal practitioners, who in the opinion of


the Chief Justice of Nigeria, are of unquestionable integrity.


21. The National Judicial Council shall have power to -


(a) recommend to the President from among the list of persons


submitted to it by -


(i) the Federal Judicial Service Commission, persons for appointment


to the offices of the Chief Justice of Nigeria, the Justices of the


Supreme Court, the President and Justices of the Court of Appeal,


the Chief Judge and Judges of the Federal High Court, and


(ii) the Judicial Service Committee of the Federal Capital


Territory, Abuja, persons for appointment to the offices of the


Chief Judge and Judges of the High Court of the Federal Capital


Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of


Appeal of the Federal Capital Territory, Abuja and the President and


Judges of the Customary Court of Appeal of the Federal Capital


Territory, Abuja;


(b) recommend to the President the removal from office of the judicial


officers specified in sub-paragraph (a) of this paragraph and to


exercise disciplinary control over such officers;


(c) recommend to the Governors from among the list of persons


submitted to it by the State Judicial Service Commissions persons for


appointments to the offices of the Chief Judges of the States and


Judges of the High Courts of the States, the Grand Kadis and Kadis of


the Sharia Courts of Appeal of the States and the Presidents and


Judges of the Customary Courts of Appeal of the States;


(d) recommend to the Governors the removal from the office of the


judicial officers in sub-paragraph (c) of this paragraph, and to


exercise disciplinary control over such officers.


(e) collect, control and disburse all moneys, capital and recurrent,



for the judiciary;


(f) advise the President and Governors or any matter pertaining to the


judiciary as may be referred to the Council by the President or the


Governors;


(g) appoint, dismiss and exercise disciplinary control over members


and staff of the Council;


(h) control and disburse all monies, capital and recurrent; for the


services of the Council; and


(i) deal with all other matters relating to broad issues of policy and


administration.


22. The Secretary of the Council shall be appointed by the National Judicial


Council on the recommendation of the Federal Nation Judicial Service


Commission and shall be a legal practitioner.


J - National Population Commission


23. The National Population Commission shall comprise the following members


-


(a) a Chairman; and


(b) one person from each State of the Federation and the Federal


Capital Territory, Abuja.


24. The Commission shall have power to -


(a) undertake periodical enumeration of population through sample


surveys, censuses or otherwise;


(b) establish and maintain a machinery for continuous and universal


registration of births and deaths throughout the Federation;


(c) advise the President on population matters;


(d) publish and provide information and data on population for the


purpose of facilitating economic and development planning; and


(e) appoint and train or arrange for the appointment and training of


enumerators or the staff of the Commission.


K - National Security Council


25. The National Security Council shall comprise the following members -


(a) the President who shall be the Chairman;


(b) the Vice-President who shall be the Deputy Chairman;


(c) the Chief of Defence Staff;


(d) the Minister of the Government of the Federation charged with the


responsibility for internal affairs.


(e) the Minister of the Government of the Federation charged


responsibility for defence;


(f) the Minister of the Government of the Federation charged with the


responsibility for foreign affairs;


(g) the National Security Adviser



(h) the Inspector-General of Police; and


(i) such other persons as the President may in his discretion appoint.


26. The Council shall have power to advise the President on matters relating


to public security including matters relating to any organisation or agency


established by law for ensuring the security of the Federation.


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L - Nigeria Police Council


27. The Nigeria Police Council shall comprise the following members -


(a) the President who shall be the Chairman;


(b) the Governor of each State of the Federation;


(c) the Chairman of the Police Service Commission; and


(d) the Inspector-General of Police


28. The functions of the Nigeria Police Council shall include -


(a) the organisation and administration of the Nigeria Police Force


and all other matters relating thereto (not being matters relating to


the use and operational control of the Force or the appointment,


disciplinary control and dismissal of members of the Force);


(b) the general supervision of the Nigeria Police Force; and


(c) advising the President on the appointment of the Inspector-General


of Police.


M - Police Service Commission


29. The Police Service Commission shall comprise the following members -


(a) a Chairman; and


(b) such number of other persons, not less than seven but not more


than nine, as may be prescribed by an Act of the National Assembly.


30. The Commission shall have power to -


(a) appoint persons to offices (other than office of the


Inspector-General of Police) in the Nigeria Police Force; and


(b) dismiss and exercise disciplinary control over persons holding any


office referred to in sub-paragraph (a) of this paragraph.


N - Revenue Mobilisation Allocation and Fiscal Commission


31. The Revenue Mobilisation Allocation and Fiscal Commission shall comprise


the following members -


(a) a Chairman; and


(b) one member from each State of the Federation and the Federal


Capital Territory, Abuja who in the opinion of the President are


persons of unquestionable integrity with requisite qualifications and


experience.


32. The Commission shall have power to -



(a) monitor the accruals to and disbursement of revenue from the


Federation Account;


(b) review, from time to time, the revenue allocation formulae and


principles in operation to ensure conformity with changing realities.


Provided that any revenue formula which has been accepted by an Act of


the National Assembly shall remain in force for a period of not less


than five years from the date of commencement of the Act;


(c) advise the Federal and State Governments on fiscal efficiency and


methods by which their revenue can be increased;


(d) determine the remuneration appropriate for political office


holders, including the President, Vice-President, Governors, Deputy


Governors, Ministers, Commissioners, Special Advisers, Legislators and


the holders of the offices mentioned in sections 84 and 124 of this


Constitution; and


(e) discharge such other functions as are conferred on the Commission


by this Constitution or any Act of the National Assembly.


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Part II


State's Executive Bodies


(Established by section 197)


A - State Civil Service Commission


1. A State Civil Service Commission shall comprise the following members -


(a) a Chairman; and


(b) not less than two and not more than four other persons, who shall,


in the opinion of the Governor, be persons of unquestionable integrity


and sound political judgment.


2. (1) The Commission shall have power without prejudice to the powers


vested in the Governor and the State Judicial Service Commission to -


(a) appoint persons to offices in the State civil service; and


(b) dismiss and exercise disciplinary control over persons holding


such offices.


2. The Commission shall not exercise any of its powers under sub-paragraph


(1) of this paragraph in respect of such offices of heads of divisions of


Ministries or of departments of the Government of the State as may from


time to time be designated by an order made by the Governor except after


consultation with the Head of the Civil Service of the State.



B - State Independent Electoral Commission


3. A State Independent Electoral Commission shall comprise the following


members -


(a) a Chairman; and


(b) not less than five but not more than seven other persons.


4. The Commission shall have power-


(a) to organise, undertake and supervise all elections to local government


councils within the State.


(b) to render such advice as it may consider necessary to the Independent


National Electoral Commission on the compilation of and the register of


voters in so far as that register is applicable to local government


elections in the State.


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C - State Judicial Service Commission


5. A State Judicial Service Commission shall comprise the following members


-


(a) the Chief Judge of the State, who shall be the Chairman;


(b) the Attorney General of the State;


(c) the Grand Kadi of the Sharia Court of Appeal of the State, if any;


(d) the President of the Customary Court of Appeal of the State, if any;


(e) two members, who are legal practitioners, and who have been qualified


to practice as legal practitioners in Nigeria for not less than ten years;


and


(f) two other persons, not being legal practitioners, who in the opinion


of the Governor are of unquestionable integrity.


6. The Commission shall have power to -


(a) advise the National Judicial Council on suitable persons for


nomination to the office of -


(i) the Chief Judge of the State


(ii) the Grand Kadi of the Sharia Court of Appeal of the State, if


any,


(iii) the President of the Customary Court of Appeal of the State, if


any,


(iii) the President of the Customary Court of Appeal of the State, if


any,


(iv) Judges of the High Court of the State,


(v) Kadis of the Sharia Court of Appeal of the State, if any, and


(vi) Judges of the Customary Court of Appeal of the State, if any;


(b) subject to the provisions of this Constitution, to recommend to the


National Judicial Council the removal from the office of the judicial


officers specified in sub-paragraph (a) of this paragraph; and


(c) to appoint, dismiss and exercise disciplinary control over the Chief


Registrar and Deputy Chief Registrar of the High Court, the Chief


Registrars of the Sharia Court of Appeal and Customary Court of Appeal,



Magistrates, Judges and members of Area Courts and Customary Courts and


all other members of the staff of the judicial service of the State not


otherwise specified in this Constitution.


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Part III


Federal Capital Territory, Abuja Executive Body


(Established under Section 304)


Judicial Service Committee of the Federal Capital Territory, Abuja


1. The Judicial Service Committee of the Federal Capital Territory, Abuja


shall comprise the following members -


(a) the Chief Judge of the Federal Capital Territory, Abuja who shall


be the Chairman.


(b) the Attorney-General of the Federation;


(c) the Grand Kadi of the Sharia Court of Appeal of the Federal


Capital Territory, Abuja;


(d) the President of the Customary Court of Appeal of the Federal


Capital Territory, Abuja;


(e) one person who is a legal practitioner and who has been qualified


to practice as a legal practitioner in Nigeria for a period of not


less than twelve years; and


(f) one other person, not being practitioner, who in the opinion of


the President is of unquestionable integrity.


2. The Committee shall have power -


(a) to recommend to the National Judicial Council suitable persons for


nomination for appointment to the office of -


(i) the Chief Judge of the Federal Capital Territory, Abuja,


(ii) a Judge of the High Court of the Federal Capital Territory,


Abuja,


(iii) the Grand Kadi of the Sharia Court of Appeal of the Federal


Capital Territory, Abuja


(iv) the President of the Customary Court of Appeal of the Federal


Capital Territory, Abuja,


(v) a Kadi of the Sharia Court of Appeal of the Federal Capital


Territory, Abuja,


(vi) a Judge of the Customary Court of Appeal of the Federal Capital


Territory, Abuja.



(b) subject to the provisions of this Constitution, to recommend to


the National Judicial Council the removal from office of the Judicial


officers specified in sub-paragraph (a) of this paragraph;


(c) to appoint, promote and exercise disciplinary control over the


Chief Registrar and Deputy Chief Registrars of the High Court, the


Sharia Court of Appeal and the Customary Court of Appeal of the


Federal Capital Territory, Abuja, magistrates, the judges and members


of the District and Area Courts of the Federal Capital Territory,


Abuja, if any, and all other members of the staff of the judicial


service of the Federal Capital Territory, Abuja not otherwise


specified in this Constitution and of the Judicial Service Committee


of the Federal Capital Territory, Abuja.


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Fourth Schedule


Functions of a Local Government Council


1. The main functions of a local government council are as follows:


(a) the consideration and the making of recommendations to a


State commission on economic planning or any similar body on -


(i) the economic development of the State, particularly in so


far as the areas of authority of the council and of the State


are affected, and


(ii) proposals made by the said commission or body;


(b) collection of rates, radio and television licences;


(c) establishment and maintenance of cemeteries, burial grounds and


homes for the destitute or infirm;


(d) licensing of bicycles, trucks (other than mechanically propelled


trucks), canoes, wheel barrows and carts;


(e) establishment, maintenance and regulation of slaughter houses,


slaughter slabs, markets, motor parks and public conveniences;


(f) construction and maintenance of roads, streets, street lightings,


drains and other public highways, parks, gardens, open spaces, or such


public facilities as may be prescribed from time to time by the House


of Assembly of a State;


(g) naming of roads and streets and numbering of houses;


(h) provision and maintenance of public conveniences, sewage and


refuse disposal;


(i) registration of all births, deaths and marriages;


(j) assessment of privately owned houses or tenements for the purpose


of levying such rates as may be prescribed by the House of Assembly of



a State; and


(k) control and regulation of -


(i) out-door advertising and hoarding,


(ii) movement and keeping of pets of all description,


(iii) shops and kiosks,


(iv) restaurants, bakeries and other places for sale of food


to the public,


(v) laundries, and


(vi) licensing, regulation and control of the sale of liquor.


2. The functions of a local government council shall include


participation of such council in the Government of a State as respects


the following matters -


the provision and maintenance of primary, adult and vocational


education;


(b) the development of agriculture and natural resources, other


than the exploitation of materials


(c) the provision and maintenance of health services; and


(d) such other functions as may be conferred on a local


government council by the House of Assembly of the State.


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Fifth Schedule


Part I


Code of Conduct for Public Officers


General


1. A public officer shall not put himself in a position where his


personal interest conflicts with his duties and responsibilities.


2. Without prejudice to the generality of the foregoing paragraph, a


public officer shall not


(a) receive or be paid the emoluments of any public office at


the same time as he receives or is paid the emoluments of any


other public office; or


3. The President, Vice -President, Governor, Deputy Governor,


Ministers of the Government of the Federation and Commissioners of the


Governments of the States, members of the National Assembly and of the


Houses of Assembly of the States, and such other public officers or


persons as the National Assembly may by law prescribe shall not


maintain or operate a bank account in any country outside Nigeria.


4. (1) A public officer shall not, after his retirement from public



service and while receiving pension from public funds, accept more


than one remuneration position as chairman, director or employee of -


(a) a company owned or controlled by the government; or


(b) any public authority.


(2) a retired public servant shall not receive any other


remuneration from public funds in addition to his pension and the


emolument of such one remunerative position.


5. (1) Retired public officers who have held offices to which this


paragraph applies are prohibited from service or employment in foreign


companies or foreign enterprises.


(2) This paragraph applies to the offices of President,


Vice-President, Chief Justice of Nigeria, Governor and Deputy


governor of a State.


6. (1) A public officer shall not ask for or accept property or


benefits of any kind for himself or any other person on account of


anything done or omitted to be done by him in the discharge of his


duties.


(2) for the purposes of sub-paragraph (1) of this paragraph, the


receipt by a public officer of any gifts or benefits from commercial


firms, business enterprises or persons who have contracts with the


government shall be presumed to have been received in contravention


of the said sub-paragraph unless the contrary is proved.


(3) A public officer shall only accept personal gifts or benefits


from relatives or personal friends to such extent and on such


occasions as are recognised by custom:


Provided that any gift or donation to a public officer on any public


or ceremonial occasion shall be treated as a gift to the appropriate


institution represented by the public officer, and accordingly, the


mere acceptance or receipt of any such gift shall not be treated as


a contravention of this provision.


7. The President or Vice-President, Governor or Deputy Governor,


Minister of the Government of the Federation or Commissioner of the


Government of a State, or any other public officer who holds the


office of a Permanent Secretary or head of any public corporation,


university, or other parastatal organisation shall not accept -


(a) a loan, except from government or its agencies, a bank,


building society, mortgage institution or other financial


institution recognised by law,; and


(b) any benefit of whatever nature from any company, contractor,


or businessman, or the nominee or agent of such person:


Provided that the head of a public corporation or of a


university or other parastatal organisation may, subject to the


rules and regulations of the body, accept a loan from such body.


8. No persons shall offer a public officer any property, gift or


benefit of any kind as an inducement or bribe for the granting of any


favour or the discharge in his favour of the public officer’s duties.



9. A public officer shall not do or direct to be done, in abuse of his


office, any arbitrary act prejudicial to the rights of any other


person knowing that such act is unlawful or contrary to any government


policy.


10. A public officer shall not be a member of, belong to, or take part


in any society the membership of which is incompatible with the


functions or dignity of his office.


11. (1) Subject to the provisions of this Constitution, every public


officer shall within three months after the coming into force of this


Code of Conduct or immediately after taking office and thereafter -


(a) at the end of every four years; and


(b) at the end of his term of office, submit to the Code of


Conduct Bureau a written declaration of all his properties,


assets, and liabilities and those of his unmarried children


under the age of eighteen years.


(2) Any statement in such declaration that is found to be false by


any authority or person authorised in that behalf to verify it shall


be deemed to be a breach of this Code.


(3) Any property or assets acquired by a public officer after any


declaration required under this Constitution and which is not fairly


attributable to income, gift, or loan approved by this Code shall be


deemed to have been acquired in breach of this Code unless the


contrary is proved.


12. Any allegation that a public officer has committed a breach of or


has not complied with the provisions of this Code shall be made to the


Code of Conduct Bureau.


13. A public officer who does any act prohibited by this Code through


a nominee, trustee, or other agent shall be deemed ipso facto to have


committed a breach of this Code,


14. In its application to public officers -


(a) Members of legislative houses shall be exempt from the


provisions of paragraph 4 of this Code; and


(b) the National Assembly may by law exempt any cadre of public


officers from the provisions of paragraphs 4 and 11 of this Code


if it appears to it that their position in the public service is


below the rank which it considers appropriate for the


application of those provisions.


Code of Conduct Tribunal


15. (1) There shall be established a tribunal to be known as Code of


Conduct Tribunal which shall consist of a Chairman and two other


persons.


(2) The Chairman shall be a person who has held or is qualified to


hold office as a Judge of a Court of record in Nigeria and shall


receive such remuneration as may be prescribed by law.



(3) The Chairman and members of the Code of Conduct Tribunal shall


be appointed by the President in accordance with the recommendation


of the National Judicial Council.


(4) The National Assembly may by law confer on the Code of Conduct


Tribunal such additional powers as may appear to it to necessary to


enable it more effectively to discharge the functions conferred on


it in this Schedule.


16. (1) The tenure of office of the staff of the Code of Conduct


Tribunal shall, subject to the provisions of this Code, be the same as


that provided for in respect of officers in the civil service of the


Federation.


(2) The power to appoint the staff of the Code of Conduct Tribunal


and to exercise disciplinary control over them shall vest in the


members of the Code of Conduct Tribunal and shall be exercisable in


accordance with the provisions of an Act of the National Assembly


enacted in that behalf.


17. (1) Subject to the provisions of this paragraph, a person holding


the office of Chairman or member of the Code of Conduct Tribunal shall


vacate his office when he attains the age of seventy years.


(2) A person who has held office as Chairman or member of the Code


of Conduct Tribunal for a period of not less than ten years shall,


if he retires at the age of seventy years, be entitled to pension


for life at a rate equivalent to his last annual salary in addition


to other retirement benefits to which he may be entitled.


(3) A person holding the office of Chairman or member of the Code of


Conduct Tribunal shall not be removed from his office or appointment


by the President except upon an address supported by two-thirds


majority of each House of the National Assembly praying that he be


so removed for inability to discharge the functions of the office in


question (whether arising from infirmity of mind or body) or for


misconduct or for contravention of this Code.


(4) A person holding the office of Chairman or member of the Code of


Conduct Tribunal shall not be removed from office before retiring


age save in accordance with the provisions of this Code.


18. (1) Where the Code of Conduct Tribunal finds a public officer


guilty of contravention of any of the provisions of this Code it shall


impose upon that officer any of the punishments specified under


sub-paragraph (2) of this paragraph and such other punishment as may


be prescribed by the National Assembly.


(2) The punishment which the Code of Conduct Tribunal may impose


shall include any of the following -


(a) vacation of office or seat in any legislative house, as the


case may be;


(b) disqualification from membership of a legislative house and


from the holding of any public office for a period not exceeding


ten years; and



(c) seizure and forfeiture to the State of any property acquired


in abuse or corruption of office.


(3) The sanctions mentioned in sub-paragraph (2) hereof shall be


without prejudice to the penalties that may be imposed by any law


where the conduct is also a criminal offence.


(4) Where the Code of Conduct Tribunal gives a decision as to


whether or not a person is guilty of a contravention of any of the


provisions of this Code, an appeal shall lie as of right from such


decision or from any punishment imposed on such person to the Court


of Appeal at the instance of any party to the proceedings.


(5) Any right of appeal to the Court of Appeal from the decisions of


the Code of Conduct Tribunal conferred by sub-paragraph (4) hereof


shall be exercised in accordance with the provisions of an Act of


the National Assembly and rules of court for the time being in force


regulating the powers, practice and procedure of the Court of


Appeal.


(6) Nothing in this paragraph shall prejudice the prosecution of a


public officer punished under this paragraph or preclude such


officer from being prosecuted or punished for an offence in a court


of law.


(7) The provisions of this Constitution relating to prerogative of


mercy shall not apply to any punishment imposed in accordance with


the provisions of this paragraph.


Interpretation


19. In this Code, unless the context otherwise requires -"assets"


includes any property, movable and immovable and incomes owned by a


person;


"business" means any profession, vocation, trade, or any adventure or


concern in the nature of trade and excludes farming;


"child" includes a step-child, a lawfully adopted child, a child born


out of wedlock and any child to whom any individual stands in place of


a parent;


"emolument" means any salary, wage, over-time or leave pay,


commission, fee, bonus, gratuity, benefit, advantage (whether or not


that advantage is capable of being turned into money or money's


worth), allowance, pension or annuity paid, given or granted in


respect of any employment or office;


"foreign companies" or "foreign enterprises" means companies or


enterprises in which the Government, its agencies or citizens of


Nigeria or whose policies are determined by persons or organisations


outside Nigeria;


"liabilities" includes responsibilities according to law to satisfy a


debt, duty or obligation quantifiable in monetary value, instant and


contingent;


"misconduct" means breach of the Oath of Allegiance or oath of office



of a member or breach of the provisions of this Constitution or a


misconduct of such nature as amounts to bribery or corruption or false


declaration of assets and liabilities;


"public office" means a person holding any of the offices specified in


Part II of this Schedule; and


"public office" shall not include the chairmanship or membership of ad


hoc tribunals, commissions or committees


Back to Page One


Part II


Public Officers for the purposes of the Code of conduct


1. The President of the Federation.


2. The Vice-President of the Federation.


3. The President and Deputy President of the Senate Speakers and


Deputy Speaker of the House of Representatives and Speakers and Deputy


Speakers of Houses of Assembly of States, and all members and staff of


legislative houses.


4. Governors and Deputy Governors of States.


5. Chief Justice of Nigeria, Justices of the Supreme Court, President


and Justices of the Court of Appeal, all other judicial officers and


all staff of courts of law.


6. Attorney-General of the Federation and Attorney-General of each


State.


7. Ministers of the Government of the Federation and Commissioners of


the Governments of the States.


8. Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff,


Chief of Air Staff and all members of the armed forces of the


Federation.


9. Inspector-General of Police, Deputy Inspector-General of Police and


all members of the Nigeria Police Force and other government security


agencies established by law.


10. Secretary to the Government of the Federation, Head of the Civil


service, Permanent Secretaries, Directors-Generals and all other


persons in the civil service of the Federation or of the State.


11. Ambassadors, High Commissioners and other officers of Nigeria


Missions abroad.


12. Chairman, members and staff of the Code of Conduct Bureau and Code


of Conduct Tribunal.


13. Chairman, members and staff of local government councils.


14. Chairman and members of the Boards or other governing bodies and


staff of statutory corporations and of companies in which the Federal



or State Governments or local governments councils.


15. All staff of universities, colleges and institutions owned and


financed by the Federal or State Governments or local government


councils.


16. Chairman, members and staff of permanent commissions or councils


appointed on full time basis.


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Sixth Schedule


Election Tribunals


A-National Assembly Election Tribunal


1. (1) A National Assembly Election Tribunal shall consist of a Chairman and


four other members.


(2) The Chairman shall be a Judge of a High Court and the four other


members shall be appointed from among Judges of a High Court, Kadis of a


Sharia Court of Appeal, Judges of a Customary Court of Appeal or other


members of the judiciary not below the rank of a Chief Magistrate.


(3) The Chairman and other members shall be appointed by the President of


the Court of Appeal in consultation with the Judge of the State, the Grand


Kadi of the Sharia Court of Appeal of the State or the President of the


Customary Court of Appeal of the State, as the case may be.


B - Governorship and Legislative House Election Tribunal


2. (1) A Governorship and Legislative Houses Election Tribunal shall consist


of a Chairman and four other members.


(2) The Chairman shall be a Judge of a High Court and the four other


members shall be appointed from among Judges of a High Court, Kadis of a


Sharia Court of Appeal, Judges of a Customary Court of Appeal or members


of the judiciary not below the rank of a Chief Magistrate.


(3) The Chairman and other members shall be appointed by the President of


the Court of Appeal in consultation with the Chief Judge of the State, the


Grand Kadi of the Sharia Court of Appeal of the State or the President of


the Customary Court of Appeal of the State, as the case may be.


Back to Page One


Seventh Schedule



Oaths


Oaths of Allegiance


1, ………. Do solemnly swear/affirm that I will be faithful and bear true


allegiance to the Federal Republic of Nigeria and that I will preserve, protect


and defend the Constitution of the Federal Republic of Nigeria


So help me God


Oath of Office of President


I, .............. do solemnly swear/affirm that I will be faithful and bear true


allegiance to the Federal Republic of Nigeria; that as President of the Federal


Republic of Nigeria, I will discharge my duties to the best of my ability,


faithfully and in accordance with the Constitution of the Federal Republic of


Nigeria and the law, and always in the interest of the sovereignty, integrity,


solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I


will strive to preserve the Fundamental Objectives and Directive Principles of


State Policy contained in the Constitution of the Federal Republic of Nigeria;


that I will not allow my personal interest to influence my official conduct or


my official decisions; that I will to the best of my ability preserve, protect


and defend the Constitution of the Federal Republic of Nigeria; that I will


abide by the Code of Conduct contained in the Fifth Schedule to the Constitution


of the Federal Republic of Nigeria; that in all circumstances, I will do right


to all manner of people, according to law, without fear or favour, affection or


ill-will; that I will not directly or indirectly communication or reveal to any


person any matter which shall be brought under my consideration or shall become


known to me as President of the Federal Republic of Nigeria, except as may be


required for the due discharge of my duties as President; and that I will devote


myself to the service and well-being of the people of Nigeria. So help me God.


Oath of Office of Governor of a State


I, ......... do solemnly swear/affirm that I will be faithful and bear true


allegiance to the Federal Republic of Nigeria; that as the Governor of .........


State, I will discharge my duties to the best of my ability, faithfully and in


accordance with the Constitution of the Federal Republic of Nigeria and the law,


and always in the interest of the sovereignty, integrity, solidarity, well-being


and prosperity of the Federal Republic of Nigeria; that I will strive to


preserve the Fundamental Objectives and Directive Principles of State Policy


contained in the Constitution of the Federal Republic of Nigeria; that I will


exercise the authority vested in me as Governor so as not to impede or prejudice



circumstances, I will do right to all manner of people, according to law,


without fear or favour, affection or ill-will; that I will not directly or


indirectly communicate or reveal to any person any matter which shall be brought


under my consideration or shall become known to me as Vice-President of the


Federal Republic of Nigeria/Deputy Governor of ..... State/Minister of the


Government of the Federation/Commissioner of ...... State/Special Adviser to


......... except as may be required for the due discharge of my duties as Vice


President/Deputy Governor of ....... State/Minister/Commissioner/Special


Adviser.


the authority lawfully vested in the President of the Federal Republic of


Nigeria and so as not to endanger the continuance of Federal Government in


Nigeria; that I will not allow my personal interest to influence my official


conduct or my official decisions; that I will to the to the best of my ability


preserve, protect and defend the Constitution of the Federal Republic of


Nigeria; that I will abide by the Code of Conduct contained in the Fifty


Schedule to the Constitution of the Federal Republic of Nigeria; that in all


circumstances, I will do right to all manner of people, according to law,


without fear or favour, affection or ill-will; that I will not directly or


indirectly communicate or reveal to any person any matter which shall be brought


under my consideration or shall become known to me as Governor of .........


State, except as may be required for the due discharge of my duties as Governor;


and that I will devote myself to the service and well-being of the people of


Nigeria.


So help me God.


Oath of Office of Vice-President, Deputy Governor, Minister, Commissioner or


Special Adviser


I, .......... do solemnly swear/affirm that I will be faithful and bear true


allegiance to the Federal Republic of Nigeria; that as Vice-President of the


Federal Republic of Nigeria/Deputy Governor of ....... State/Minister of the


Government of the Federation/Commissioner of the Government ........


State/Special Adviser to ........, I will discharge my duties to the best of my


ability, faithfully and in accordance with the Constitution of the Federal


Republic of Nigeria and the law, and always in the interest of the sovereignty,


integrity, solidarity, well-being and prosperity of the Federal Republic of


Nigeria; that I will strive to preserve the Fundamental Objectives and Directive


Principles of State Policy contained in the Constitution of the Federal Republic


of Nigeria; that I will not allow my personal interest to influence my official


conduct or my official decisions, that I will to the best of my ability


preserve, protect and defend the Constitution of the Federal Republic of


Nigeria; that I will abide by the Code of Conduct contained in the Fifth


Schedule to the Constitution of the Federal Republic of Nigeria; that in all



So help me God.


Oath of a Member of the National Assembly or of a House of Assembly


I, ..... do solemnly swear/affirm that I will be faithful and bear true


allegiance to the Federal Republic of Nigeria; that as a Member of the


Senate/House of Representatives/ ..... House of Assembly, I will perform my


functions honestly to the best of my ability, faithfully and in accordance with


the Constitution of the Federal Republic of Nigeria and the law, and the rules


of the Senate/House of Representatives/ ...... House of Assembly and always in


the interest of the sovereignty, integrity, solidarity, well-being and


prosperity of the Federal Republic of Nigeria; that I will strive to preserve


the Fundamental Objectives and Directive Principles of State Policy contained in


the Constitution of the Federal Republic of Nigeria; and that I will preserve,


protect and defend the Constitution of the Federal Republic of Nigeria; and that


I will abide by the Code of Conduct contained in the Fifth Schedule of the


Constitution of the Federal Republic of Nigeria.


So help me God.


Judicial Oath


I, ...... do solemnly swear/affirm that I will be faithful and bear true


allegiance to the Federal Republic of Nigeria; that as Chief Justice of


Nigeria/Justice of the Supreme Court/President/Justice of the Court of


Appeal/Chief Judge/Judge of the Federal High Corut/Chief Judge/Judge of the High


Court of the Federal Capital Territory, Abuja/Chief Judge of ...... State/Judge


of the High Court of ...... State/Grand Kadi/Kadi of the Sharia Court of Appeal


of the Federal Capital Territory, Abuja/ Grand Kadi/Kadi of the Sharia Court of


Appeal of .... State/President/Judge of the Customary Court of Appeal of the


Federal Capital Territory, Abuja/President/Judge of the Customary Court of


Appeal of ......... State. I will discharge my duties, and perform my functions


honestly, to the best of my ability and faithfully in accordance with the


Constitution of the Federal Republic of Nigeria and the law, that I will abide


by the Code of Conduct contained in the Fifth Schedule to the Constitution of


the Federal Republic of Nigeria; that I will not allow my personal interest to


influence my official conduct or my official decisions; that I will preserve,


protect and defend the Constitution of the Federal Republic of Nigeria


So help me God


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