CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 CAP. C23 L.F.N. 2004
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Preamble
We the people of the Federal Republic of Nigeria
Having firmly and solemnly resolve, to live in unity and
harmony as one indivisible and indissoluble sovereign nation under God,
dedicated to the promotion of inter-African solidarity, world peace,
international co-operation and understanding
And to provide for a Constitution for the purpose of promoting
the good government and welfare of all persons in our country, on the principles
of freedom, equality and justice, and for the purpose of consolidating the unity
of our people
Do hereby make, enact and give to ourselves the following
Constitution:-
Chapter I
General Provisions
Part I
Federal Republic of Nigeria
General Provisions
Part I
Federal Republic of Nigeria
1. (1) This Constitution is supreme and its provisions shall
have binding force on the authorities and persons throughout the Federal
Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor
shall any persons or group of persons take control of the Government of Nigeria
or any part thereof, except in accordance with the provisions of this
Constitution.
(3) If any other law is inconsistent with the provisions of
this Constitution, this Constitution shall prevail, and that other law shall, to
the extent of the inconsistency, be void.
2. (1) Nigeria is one indivisible and indissoluble sovereign
state to be known by the name of the Federal Republic of Nigeria.
(2) Nigeria shall be a Federation consisting of States and a
Federal Capital Territory.
3. (1) There shall be 36 states in Nigeria, that is to say,
Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River,
Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina,
Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau,
Rivers, Sokoto, Taraba, Yobe and Zamfara.
(2) Each state of Nigeria, named in the first column of Part I
of the First Schedule to this Constitution, shall consist of the area shown
opposite thereto in the second column of that Schedule.
(3) The headquarters of the Governor of each State shall be
known as the Capital City of that State as shown in the third column of the said
Part I of the First Schedule opposite the State named in the first column
thereof.
(4) The Federal Capital Territory, Abuja, shall be as defined
in Part II of the First Scheduled to this Constitution.
(5) The provisions of this Constitution in Part I of Chapter
VIII hereof shall in relation to the Federal Capital Territory, Abuja, have
effect in the manner set out thereunder.
(6) There shall be 768 Local Government Areas in Nigeria as
shown in the second column of Part I of the First Schedule to this Constitution
and six area councils as shown in Part II of that Schedule.
Part II
Powers of the Federal Republic of Nigeria
Powers of the Federal Republic of Nigeria
4. (1) The legislative powers of the Federal Republic of
Nigeria shall be vested in a National Assembly for the Federation, which shall
consist of a Senate and a House of Representatives.
(2) The National Assembly shall have power to make laws for the
peace, order and good government of the Federation or any part thereof with
respect to any matter included in the Exclusive Legislative List set out in Part
I of the Second Schedule to this Constitution.
(3) The power of the National Assembly to make laws for the
peace, order and good government of the Federation with respect to any matter
included in the Exclusive Legislative List shall, save as otherwise provided in
this Constitution, be to the exclusion of the Houses of Assembly of States.
(4) In addition and without prejudice to the powers conferred
by subsection (2) of this section, the National Assembly shall have power to
make laws with respect to the following matters, that is to say:-
(a) any matter in the Concurrent Legislative List set out in
the first column of Part II of the Second Schedule to this Constitution to the
extent prescribed in the second column opposite thereto; and
(b) any other matter with respect to which it is empowered to
make laws in accordance with the provisions of this Constitution.
(5) If any Law enacted by the House of Assembly of a State is
inconsistent with any law validly made by the National Assembly, the law made by
the National Assembly shall prevail, and that other Law shall, to the extent of
the inconsistency, be void.
(6) The legislative powers of a State of the Federation shall
be vested in the House of Assembly of the State.
(7) The House of Assembly of a State shall have power to make
laws for the peace, order and good government of the State or any part thereof
with respect to the following matters, that is to say:-
(a) any matter not included in the Exclusive Legislative List
set out in Part I of the Second Schedule to this Constitution.
(b) any matter included in the Concurrent Legislative List set
out in the first column of Part II of the Second Schedule to this Constitution
to the extent prescribed in the second column opposite thereto; and
(c) any other matter with respect to which it is empowered to
make laws in accordance with the provisions of this Constitution.
(8) Save as otherwise provided by this Constitution, the
exercise of legislative powers by the National Assembly or by a House of
Assembly shall be subject to the jurisdiction of courts of law and of judicial
tribunals established by law, and accordingly, the National Assembly or a House
of Assembly shall not enact any law, that ousts or purports to oust the
jurisdiction of a court of law or of a judicial tribunal established by law.
(9) Notwithstanding the foregoing provisions of this section,
the National Assembly or a House of Assembly shall not, in relation to any
criminal offence whatsoever, have power to make any law which shall have
retrospective effect.
5. (1) Subject to the provisions of this Constitution, the
executive powers of the Federation:
(a) shall be vested in the President and may subject as
aforesaid and to the provisions of any law made by the National Assembly, be
exercised by him either directly or through the Vice-President and Ministers of
the Government of the Federation or officers in the public service of the
Federation; and
(b) shall extend to the execution and maintenance of this
Constitution, all laws made by the National Assembly and to all matters with
respect to which the National Assembly has, for the time being, power to make
laws.
(2) Subject to the provisions of this Constitution, the
executive powers of a State:
(a) shall be vested in the Governor of that State and may,
subject as aforesaid and to the provisions of any Law made by a House of
Assembly, be exercised by him either directly or through the Deputy Governor and
Commissioners of the Government of that State or officers in the public service
of the State; and
(b) shall extend to the execution and maintenance of this
Constitution, all laws made by the House of Assembly of the State and to all
matters with respect to which the House of Assembly has for the time being power
to make laws.
(3) The executive powers vested in a State under subsection (2)
of this section shall be so exercised as not to:-
(a) impede or prejudice the exercise of the executive powers of
the Federation;
(b) endanger any asset or investment of the Government of the
Federation in that State; or
(c) endanger the continuance of a Federal Government in
Nigeria.
(4) Notwithstanding the foregoing provisions of this section:-
(a) the President shall not declare a state of war between the
Federation and another country except with the sanction of a resolution of both
Houses of the National Assembly, sitting in a joint session; and
(b) except with the prior approval of the Senate, no member of
the armed forces of the Federation shall be deployed on combat duty outside
Nigeria.
(5) Notwithstanding the provisions of subsection (4) of this
section, the President, in consultation with the National Defence Council, may
deploy members of the armed forces of the Federation on a limited combat duty
outside Nigeria if he is satisfied that the national security is under imminent
threat or danger:
Provided that the President shall, within seven days of actual
combat engagement, seek the consent of the Senate and the Senate shall
thereafter give or refuse the said consent within 14 days.
6. (1) The judicial powers of the Federation shall be vested in
the courts to which this section relates, being courts established for the
Federation.
(2) The judicial powers of a State shall be vested in the
courts to which this section relates, being courts established, subject as
provided by this Constitution, for a State.
(3) The courts to which this section relates, established by
this Constitution for the Federation and for the States, specified in subsection
(5) (a) to (1) of this section, shall be the only superior courts of record in
Nigeria; and save as otherwise prescribed by the National Assembly or by the
House of Assembly of a State, each court shall have all the powers of a superior
court of record.
(4) Nothing in the foregoing provisions of this section shall
be construed as precluding:-
(a) the National Assembly or any House of Assembly from
establishing courts, other than those to which this section relates, with
subordinate jurisdiction to that of a High Court;
(b) the National Assembly or any House of Assembly, which does
not require it, from abolishing any court which it has power to establish or
which it has brought into being.
(5) This section relates to:-
(a) the Supreme Court of Nigeria;
(b) the Court of Appeal;
(c) the Federal High Court;
(d) the High Court of the Federal Capital Territory, Abuja;
(e) a High Court of a State
(f) the Sharia Court of Appeal of the Federal Capital
Territory, Abuja;
(g) a Sharia Court of Appeal of a State;
(h) the Customary Court of Appeal of the Federal Capital
Territory, Abuja;
(i) a Customary Court of Appeal of a State;
(j) such other courts as may be authorised by law to exercise
jurisdiction on matters with respect to which the National Assembly may make
laws; and
(k) such other court as may be authorised by law to exercise
jurisdiction at first instance or on appeal on matters with respect to which a
House of Assembly may make laws.
(6) The judicial powers vested in accordance with the foregoing
provisions of this section -
(a) shall extend, notwithstanding anything to the contrary in
this constitution, to all inherent powers and sanctions of a court of law
(b) shall extend, to all matters between persons, or between
government or authority and to any persons in Nigeria, and to all actions and
proceedings relating thereto, for the determination of any question as to the
civil rights and obligations of that person;
(c) shall not except as otherwise provided by this
Constitution, extend to any issue or question as to whether any act of omission
by any authority or person or as to whether any law or any judicial decision is
in conformity with the Fundamental Objectives and Directive Principles of State
Policy set out in Chapter II of this Constitution;
(d) shall not, as from the date when this section comes into
force, extend to any action or proceedings relating to any existing law made on
or after 15th January, 1966 for determining any issue or question as to the
competence of any authority or person to make any such law.
7. (1) The system of local government by democratically elected
local government councils is under this Constitution guaranteed; and
accordingly, the Government of every State shall, subject to section 8 of this
Constitution, ensure their existence under a Law which provides for the
establishment, structure, composition, finance and functions of such councils.
(2) The person authorised by law to prescribe the area over
which a local government council may exercise authority shall-
(a) define such area as clearly as practicable; and
(b) ensure, to the extent to which it may be reasonably
justifiable that in defining such area regard is paid to -
(i) the common interest of the community in the area;
(ii) traditional association of the community; and
(iii) administrative convenience.
(3) it shall be the duty of a local government council within
the State to participate in economic planning and development of the area
referred to in subsection (2) of this section and to this end an economic
planning board shall be established by a Law enacted by the House of Assembly of
the State.
(4) The Government of a State shall ensure that every 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 alteration of this
Constitution, not being an Act to which section 8 of this Constitution applies,
shall not be passed in either House of the National Assembly unless the proposal
is supported by the votes of not less than two-thirds majority of all the
members of that House and approved by resolution of the Houses of Assembly of
not less than two-thirds of all the States.
(3) An Act of the National Assembly for the purpose of altering
the provisions of this section, section 8 or Chapter IV of this Constitution
shall not be passed by either House of the National Assembly unless the proposal
is approved by the votes of not less than four-fifths majority of all the
members of each House, and also approved by resolution of the House of Assembly
of not less than two-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.
Chapter II
Fundamental Objectives
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.
Chapter III
Citizenship
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.
Chapter IV
Fundamental Right
Fundamental Right
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.
Chapter V
The Legislature
Part I
National Assembly
The Legislature
Part I
National Assembly
A -
Composition and Staff of National Assembly
47. There shall be a National Assembly for the Federation which
shall consist of a Senate and a House of Representatives.
48. The Senate shall consist of three Senators from each State
and one from the Federal Capital Territory, Abuja.
49. Subject to the provisions of this Constitution, the House
of Representatives shall consist of three hundred and sixty members representing
constituencies of nearly equal population as far as possible, provided that no
constituency shall fall within more than one State.
50. (1) There shall be:-
(a) a President and a Deputy President of the Senate, who shall
be elected by the members of that House from among themselves; and
(b) a Speaker and a Deputy Speaker of the House of
Representatives, who shall be elected by the members of that House from among
themselves.
(2) The President or Deputy President of the Senate or the
Speaker or Deputy Speaker of the House of Representatives shall vacate his
office -
(a) if he ceases to be a member of the Senate or of the House
of Representatives, as the case may be, otherwise than by reason of a
dissolution of the Senate or the House of Representatives; or
(b) when the House of which he was a member first sits after
any dissolution of that House; or
(c) if he is removed from office by a resolution of the Senate
or of the House of Representatives, as the case may be, by the votes of not less
than two-thirds majority of the members of that House.
51. There shall be a Clerk to the National Assembly and such
other staff as may be prescribed by an Act of the National Assembly, and the
method of appointment of the Clerk and other staff of the National Assembly
shall be as prescribed by that tab
B -
Procedure for Summoning and Dissolution of National Assembly
52. (1) Every member of the Senate or the House of
Representatives shall, before taking his seat, declare his assets and
liabilities as prescribed in this Constitution and subsequently take and
subscribe the Oath of Allegiance and the oath of membership as prescribed in the
Seventh Schedule to this Constitution before the President of the Senate or, as
the case may be, the Speaker of the House of Representatives, but a member may
before taking the oaths take part in the election of a President and a Deputy
President of the Senate, as the case may be, or a Speaker and a Deputy Speaker
of the House of Representatives.
(2) The President and Deputy President of the Senate and the
Speaker and the Deputy Speaker of the House of Representative s shall declare
their assets and liabilities as prescribed in this Constitution and subsequently
take and subscribe the Oath of Allegiance and the oath of membership prescribed
as aforesaid before the Clerk of the National Assembly.
53. (1) At any sitting of the National Assembly -
(a) in the case of the Senate, the President of the Senate
shall preside, and in his absence the Deputy President shall preside; and
(b) in the case of the House of Representatives, the Speaker of
that House shall preside, and in his absence the Deputy Speaker shall preside.
(2) At any joint sitting of the Senate and House of
Representatives -
(a) the President of Senate shall preside, and in his absence
the Speaker of the House of Representatives shall preside; and
(b) in the absence of the persons mentioned in paragraph (a) of
this subsection, the Deputy President of the Senate shall preside, and in his
absence the Deputy Speaker of the House of Representatives shall preside.
(3) In the absence of the persons mentioned in the foregoing
provisions of this section, such member of the Senate or the House of
Representatives or of the joint sitting, as the case may be, as the Senate or
the House of Representatives or the joint sitting may elect for that purpose
shall preside.
54. (1) The quorum of the Senate or of the House of
Representatives shall be one-third of all the members on of the Legislative
House concerned.
(2) The quorum of a joint sitting of both the Senate or of the
House of Representatives shall be one-third of all the members of both Houses.
(3) If objection is taken by any member of the Senate or the
House of Representatives present that there are present in the House of which he
is a member (besides the person presiding fewer than one-third of all the
members of that House and that it is not competent for the House to transact
business, and after such interval as may be prescribed in the rules of procedure
of the House, the person presiding ascertains that the number of members present
is still less than one-third of all the members of the House he shall adjourn
the House.
(4) The foregoing provisions of this section shall apply in
relation to a joint sitting of both Houses of the National Assembly as they
apply in relation to a House of the National Assembly as if references to the
Senate or the House of Representatives and a member of
either Houses are references to both Houses and to any member
of the National Assembly, respectively.
55. The business of the National Assembly shall be conducted in
English, and in Hausa, Ibo and Yoruba when adequate arrangements have been made
therefor.
56. (1) Except as otherwise provided by this Constitution any
question proposed for decision in the Senate or the House of Representatives
shall be determined by the required majority or the members present and voting;
and the person presiding shall cast a vote whenever necessary y to avoid an
equality of votes but shall not vote in any other case.
(2) Except as otherwise provided by this Constitution, the
required majority for the purpose of determining any question shall be a simple
majority.
(3) The Senate or the House of Representatives shall by its
rules provide -
(a) that a member of the House shall declare any direct
pecuniary interest he may have in any matter coming before the House for
deliberation;
(b) that the House may by resolution decide whether or not such
member may vote, or participate in its deliberations, on such matter;
(c) the penalty, if any, which the House may impose for failure
to declare any direct pecuniary interest such member may have; and`
(d) for such other matters pertaining to the foregoing as the
House may think necessary,
but nothing in the foregoing provisions shall enable any rules
to be made to require any member, who signifies his intention not to vote on or
participate in such matter, and who does not so vote or participate, to declare
any such interest.
57. Any person who sits or votes in the Senate or the House of
Representatives knowing or having reasonable grounds for knowing that he is not
entitled to do so commits an offence and is liable on conviction to such
punishment as shall be prescribed by an Act of the National Assembly.
58. (1) The power of the National Assembly to make laws shall
be exercised by bills passed by both the Senate and the House of Representatives
and, except as otherwise provided by subsection (5) of this section, assented to
by the President.
(2) A bill may originate in either the Senate or the House of
Representatives and shall not become law unless it has been passed and, except
as otherwise provided by this section and section 59 of this Constitution,
assented to in accordance with the provisions of this section.
(3) Where a bill has been passed by the House in which it
originated, it shall be sent to the other House, and it shall be presented to
the President for assent when it has been passed by that other House and
agreement has been reached between the two Houses on any amendment made on it.
(4) Where a bill is presented to the President for assent, he
shall within thirty days thereof signify that he assents or that he withholds
assent.
(5) Where the President withholds his assent and the bill is
again passed by each House by two-thirds majority, the bill shall become law and
the assent of the President shall not be required.
59. (1) The provisions of this section shall apply to:
(a) an appropriation bill or a supplementary appropriation
bill, including any other bill for the payment, issue or withdrawal from the
Consolidated Revenue Fund or any other public fund of the Federation of any
money charged thereon or any alteration in the amount of such a payment, issue
or withdrawal; and
(b) a bill for the imposition of or increase in any tax, duty
or fee or any reduction, withdrawal or cancellation thereof.
(2) Where a bill to which this section applies is passed by one
of the Houses of the National Assembly but is not passed by the other House
within a period of two months from the commencement of a financial year, the
President of the Senate shall within fourteen days thereafter arrange for and
convene a meeting of the joint finance committee to examine the bill with a view
to resolving the differences between the two Houses.
(3) Where the joint finance committee fails to resolve such
differences, then the bill shall be presented to the National Assembly sitting
at a joint meeting, and if the bill is passed at such joint meeting, it shall be
presented to the President for assent.
(4) Where the President, within thirty days after the
presentation of the bill to him, fails to signify his assent or where he
withholds assent, then the bill shall again be presented to the National
Assembly sitting at a joint meeting, and if passed by two-thirds majority of
members of both houses at such joint meeting, the bill shall become law and the
assent of the President shall not be required.
(5) In this section, "joint finance committee" refers to the
joint committee of the National Assembly on finance established pursuant to
section 62(3) of this Constitution.
60. Subject to the provisions of this Constitution, the Senate
or the House of Representatives shall have power to regulate its own procedure,
including the procedure for summoning and recess of the House.
61. The Senate or the House of Representatives may act
notwithstanding any vacancy in its membership, and the presence or participation
of any person not entitled to be present at or to participate in the proceedings
of the House shall not invalidate those proceedings.
62. (1) The Senate or the House of Representatives may appoint
a committee of its members for such special or general purpose as in its opinion
would be better regulated and managed by means of such a committee, and may by
resolution, regulation or otherwise, as it thinks fit, delegate any functions
exercisable by it to any such committee.
(2) The number of members of a committee appointed under this
section, their terms of office and quorum shall be fixed by the House appointing
it.
(3) The Senate and the House of Representatives shall appoint a
joint committee on finance consisting of an equal number of persons appointed by
each House and may appoint any other joint committee under the provisions of
this section.
(4) Nothing in this section shall be construed as authorising
such House to delegate to a committee the power to decide whether a bill shall
be passed into law or to determine any matter which it is empowered to determine
by resolution under the provisions of this Constitution, but the committee may
be authorised to make recommendations to the House on any such matter.
63. The Senate and the House of Representatives shall each sit
for a period of not less than one hundred and eighty-one days in a year.
64. (1) The Senate and the House of Representatives shall each
stand dissolved at the expiration of a period of four years commencing from the
date of the first sitting of the House.
(2) If the Federation is at war in which the territory of
Nigeria is physically involved and the President considers that it is not
practicable to hold elections, the National Assembly may by resolution extend
the period of four years mentioned in subsection (1) of this section from time
to time but not beyond a period of six months at any one time.
(3) Subject to the provisions of this Constitution, the person
elected as the President shall have power to issue a proclamation for the
holding of the first session of the National Assembly immediately after his
being sworn in, or for its dissolution as provided in this section.
C -
Qualifications for Membership of National Assembly and Right
of Attendance
65. (1) Subject to the provisions of section 66 of this
Constitution, a person shall be qualified for election as a member of:
(a) the Senate, if he is a citizen of Nigeria and has attained
the age of 35 years; and
(b) the House of Representatives, if he is a citizen of Nigeria
and has attained the age of 30 years;
(2) A person shall be qualified for election under subsection
(1) of this section if:
(a) he has been educated up to at least School Certificate
level or its equivalent; and
(b) he is a member of a political party and is sponsored by
that party.
66. (1) No person shall be qualified for election to the Senate
or the House of Representatives if:
(a) subject to the provisions of section 28 of this
Constitution, he has voluntarily acquired the citizenship of a country other
than Nigeria or, except in such cases as may be prescribed by the National
Assembly, has made a declaration of allegiance to such a country;
(b) under any law in force in any part of Nigeria, he is
adjudged to be a lunatic or otherwise declared to be of unsound mind;
(c) he is under a sentence of death imposed on him by any
competent court of law or tribunal in Nigeria or a sentence of imprisonment or
fine for an offence involving dishonesty or fraud (by whatever name called) or
any other offence imposed on him by such a court or tribunal or substituted by a
competent authority for any other sentence imposed on him by such a court;
(d) within a period of less than 10 years before the date of an
election to a legislative house, he has been convicted and sentenced for an
offence involving dishonesty or he has been found guilty of a contravention of
the Code of Conduct;
(e) he is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in any part of Nigeria;
(f) he is a person employed in the public service of the
Federation or of any State and has not resigned, withdrawn or retired from such
employment 30 days before the date of election;
(g) he is a member of a secret society;
(h) he has been indicted for embezzlement or fraud by Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up
under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law
by the Federal or State Government which indictment has been accepted by the
Federal or State Governments respectively; or.
(i) he has presented a forged certificate to the Independence
National Electoral Commission.
(2) Where in respect of any person who has been-
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt,
any appeal against the decision is pending in any court of law
in accordance with any law in force in Nigeria, subsection (1) of the section
shall not apply during a period beginning from the date when such appeal is
lodged and ending on the date when the appeal is finally determined or, as the
case may be, the appeal lapses or is abandoned, whichever is earlier.
(3) For the purposes of subsection (2) of this section "appeal"
includes any application for an injunction or 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.
Part II
House of Assembly of a State
A -
House of Assembly of a State
A -
Composition and Staff of House of Assembly
90. There shall be a House of Assembly for each of the States
of the Federation.
91. Subject to the provisions of this Constitution, a House of
Assembly of a State shall consist of three or four times the number of seats
which that State has in the House of Representatives divided in a way to
reflect, as far as possible nearly equal population:
Provided that a House of Assembly of a State shall consist of
not less than twenty-four and not more than forty members.
92. (1) There shall be a Speaker and a Deputy Speaker of a
House of Assembly who shall be elected by the members of the House from among
themselves.
(2) The Speaker or Deputy Speaker of the House of Assembly
shall vacate his office -
(a) if he ceases to be a member of the House of Assembly
otherwise than by reason of the dissolution of the House;
(b) When the House first sits after any dissolution of House;
or
(c) if he is removed from office by a resolution of House of
Assembly by the votes of not less than two-third majority of the members of the
House.
93. There shall be a Clerk to a House of Assembly and such
other staff as may be prescribed by a Law enacted by the House of Assembly, and
the method of appointment of the Clerk and other staff of the House shall be as
prescribed by that Law.
B -
Procedure for Summoning and Dissolution of House of
Assembly
94. (1) Every person elected to a House of Assembly shall
before taking his seat in that House, declare his assets and liabilities in the
manner prescribed in this Constitution and subsequently take and subscribe
before the Speaker of the House, the Oath of Allegiance and oath of membership
prescribed in the Seventh Schedule to this Constitution, but a
member may, before taking the oaths, take part in the election
of the Speaker and Deputy Speaker of the House of Assembly.
(2) The Speaker and Deputy Speaker of a House of Assembly shall
declare their assets and liabilities in the manner prescribed by this
Constitution and subsequently take and subscribe to the Oath of Allegiance and
the oath of membership prescribed as aforesaid before the Clerk of the House of
Assembly.
95. (1) At any sitting of a House of Assembly, the Speaker of
that House shall preside, and in his absence the Deputy Speaker shall preside.
(2) In the absence of the Speaker and Deputy Speaker of the
House, such member of the House as the House may elect for a purpose shall
preside.
96. (1) The quorum of a House of Assembly shall be one-third of
all the members of the House.
(2) If objection is taken by any member of a House of Assembly
present that there are present in that House (besides the person presiding)
fewer than one-third of all the members of that House and that it is not
competent for the House to transact business, and after such interval as may be
prescribed in the rules of procedure of the House, the person presiding
ascertains that the number of members present is still less than one-third of
all the members of the House, he shall adjourn the House.
97. The business of a House of Assembly shall be conducted in
English, but the House may in addition to English conduct the business of the
House in one or more other languages spoken in the State as the House may by
resolution approve.
98. (1) Except as otherwise provided by this Constitution, any
question proposed for decision in a House of Assembly shall be determined by the
required majority of the members present and voting; and the person presiding
shall cast a vote whenever necessary to avoid an equality of votes but shall not
vote in any other case.
(2) Except as otherwise provided by this Constitution, the
required majority for the purpose of determining any question shall be a simple
majority.
(3) A House of Assembly shall by its rules provide -
(a) that a member of the House shall declare any direct
pecuniary interest he may have in any matter coming before the House for
deliberation;
(b) that the House may by resolution decide whether or not such
member may vote or participate in its deliberations, on such matter;
(c) the penalty, if any, which the House may impose for failure
to declare any direct pecuniary interest such member may have; and
(d) for such other matters pertaining to the foregoing as the
House may think necessary, but nothing in this subsection shall enable any rules
to be made to require any member, who signifies his intention not to vote on or
participate in such matter, and who does not so vote or participate, to declare
any such interest.
99. Any person who sits or votes in a House of Assembly of a
State knowing or having reasonable grounds for knowing that he is not entitled
to do so commits an offence and is liable on conviction to such punishment as
shall be prescribed by a Law of the House of Assembly.
100. (1) The power of a House of Assembly to make laws shall be
exercised by bills passed by the House of Assembly and, except as otherwise
provided by this section, assented to by the Governor.
(2) A bill shall not become Law unless it has been duly passed
and, subject to subsection (1) of this section, assented to in accordance with
the provisions of this section.
(3) Where a bill has been passed by the House of Assembly it
shall be presented to the Governor for assent.
(4) Where a bill is presented to the Governor for assent he
shall within thirty days thereof signify that he assents or that he withholds
assent.
(5) Where the Governor withholds assent and the bill is again
passed by the House of Assembly by two-thirds majority, the bill shall become
law and the assent of the Governor shall not be required.
101. Subject to the provisions of this Constitution, a House of
Assembly shall have power to regulate its own procedure, including the procedure
for summoning and recess of the House.
102. A House of Assembly may act notwithstanding any vacancy in
its membership, and the presence or participation of any person not entitled to
be present at or to participate in the proceedings of the House shall not
invalidate such proceedings.
103. (1) A House of Assembly may appoint a committee of its
members for any special or general purpose as in its opinion would be better
regulated and managed by means of such a committee, and may by resolution,
regulation or otherwise as it thinks fit delegate any functions exercisable by
it to any such committee.
(2) The number of members of a committee appointed under this
section, their term of office and quorum shall be fixed by the House of
Assembly.
(3) Nothing in this section shall be construed as authorising a
House of Assembly to delegate to a committee the power to decide whether a bill
shall be passed into Law or to determine any matter which it is empowered to
determine by resolution under the provisions of this Constitution, but such a
committee of the House may be authorised to make recommendations to the House on
any such matter.
104. A House of Assembly shall sit for a period of not less
than one hundred and eighty-one days in a year.
105. (1) A House of Assembly shall stand dissolved at the
expiration of a period of four years commencing from the date of the first
sitting of the House.
(2) If the Federation is at war in which the territory of
Nigeria is physically involved and the President considers that it is not
practicable to hold elections, the National Assembly may by resolution extend
the period of four years mentioned in subsection (1) of this section from time
to time but not beyond a period of six months at any one time.
(3) Subject to the provisions of this Constitution, the person
elected as the Governor of a State shall have power to issue a proclamation for
the holding of the first session of the House of Assembly of the State concerned
immediately after his being sworn in, or for its dissolution as provided in this
section.
C -
Qualification for Membership of House of Assembly and Right
of Attendance
106. Subject to the provisions of section 107 of this
Constitution, a person shall be qualified for election as a member of a House of
Assembly if -
(a) he is a citizen of Nigeria;
(b) he has attained the age of thirty years;
(c) he has been educated up to at least the School Certificate
level or its equivalent; and
(d) he is a member of a political party and is sponsored by
that party.
107. (1) No person shall be qualified for election to a House
of Assembly if -
(a) subject to the provisions of Section 28 of this
Constitution, he has voluntarily acquired the citizenship of a country other
than Nigeria or, except in such cases as may be prescribed by the National
Assembly, has made a declaration of allegiance to such a country;
(b) under any law in force in any part of Nigeria, he is
adjudged to be a lunatic or otherwise declared to be of unsound mind;
(c) he is under a sentence of death imposed on him by any
competent court of law or tribunal in Nigeria or a sentence of imprisonment or
fine for an offence involving dishonesty or fraud (by whatever name called) or
any other offence imposed on him by such a court or tribunal substituted by a
competent authority for any other sentence imposed on him by such a court or
tribunal;
(d) within a period of less than ten years before the date of
an election to the House of Assembly, he has been convicted and sentenced for an
offence involving dishonesty or he has been found guilty of a contravention of
the Code of Conduct;
(e) he is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in any part of Nigeria;
(f) he is a person employed in the public service of the
Federation or of any State and he has not resigned, withdrawn or retired from
such employment thirty days before the date of election;
(g) he is a member of any secret society;
(h) he has been indicted for embezzlement or fraud by a
Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law
or any other law by the Federal and State Government which indictment has been
accepted by the Federal or State Government, respectively; or
(i) he has presented a forged certificate to the Independent
National Electoral Commission.
(2) Where in respect of any person who has been -
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt,
any appeal against the decision is pending in any court of law
in accordance with any law in force in Nigeria, subsection (1) of this section
shall not apply during a period beginning from the date when such appeal is
lodged and ending on the date when the appeal is finally determined or, as the
case may be, the appeal lapses or is abandoned, whichever is earlier.
(3) For the purposes of subsection (2) of this section, an
"appeal" includes any application for an injunction or an order of certiorari,
mandamus, prohibition or habeas corpus, or any appeal from any such application.
108. (1) The Governor of a State may attend a meeting of a
House of Assembly of the State either to deliver an address on State affairs or
to make such statement on the policy of government as he may consider to be of
importance to the State.
(2) A Commissioner of the Government of a State shall attend
the House of Assembly of the State if invited to explain to the House of
Assembly the conduct of his Ministry, and in particular when the affairs of that
Ministry are under discussion.
(3) Nothing in this section shall enable any person who is not
a member of a House of Assembly to vote in that House or in any of its
committees.
109. (1) A member of a House of Assembly shall vacate his seat
in the House if -
(a) he becomes a member of another legislative house;
(b) any other circumstances arise that, if he were not a member
of that House, would cause him to be disqualified for election as such a member;
(c) he ceases to be a citizen of Nigeria;
(d) he becomes President, Vice-President, Governor, Deputy
Governor or a Minister of the Government of the Federation or a Commissioner of
the Government of a State or a Special Adviser;
(e) save as otherwise prescribed by this Constitution, he
becomes a member of a commission or other body established by this Constitution
or by any other law;
(f) without just cause he is absent from meetings of the House
of Assembly for a period amounting in the aggregate to more than one-third of
the total number of days during which the House meets in any one year;
(g) being a person whose election to the House of Assembly was
sponsored by a political party, he becomes a member of another political party
before the expiration of the period for which that House was elected:
Provided that his membership of the latter political party is
not as a result of a division in the political party of which he was previously
a member or of a merger of two or more political parties or factions by one of
which he was previously sponsored; or
(h) the Speaker of the House of Assembly receives a certificate
under the hand of the Chairman of the Independent National Electoral Commission
stating that the provisions of section 110 of this Constitution have been
complied with in respect of the recall of the member.
(2) The Speaker of the House of Assembly shall give effect to
subsection (1) of this section, so however that the Speaker or a member shall
first present evidence satisfactory to the House that any of the provisions of
that subsection has become applicable in respect of the member.
(3) A member of a House of Assembly shall be deemed to be
absent without just cause from a meeting of the House of Assembly unless the
person presiding certifies in writing that he is satisfied that the absence of
the member from the meeting was for a just cause.
110. A member of the House of Assembly may be recalled as such
a member if -
(a) there is presented to the Chairman of the Independent
National Electoral Commission a petition in that behalf signed by more than
one-half of the persons registered to vote in that members's constituency
alleging their loss of confidence in that member; and
(b) the petition is thereafter, in a referendum conducted by
the Independent National Electoral Commission within ninety days of the date of
the receipt of the petition, approved by a simple majority of the votes of the
persons registered to vote in that member's constituency.
111. A member of the House of Assembly shall receive such
salary and other allowances as the Revenue Mobilisation Allocation and Fiscal
Commission may determine.
D -
Elections to a House of Assembly
112. Subject to the provisions of sections 91 and 113 of this
Constitution, the Independent National Electoral Commission shall divide every
state in the federation into such number of state constituencies as is equal to
three or four times the number of Federal constituencies within that state.
113. The boundaries of each State constituency shall be such
that the number of inhabitants thereof is as nearly equal to the population
quota as is reasonably practicable.
114. (1) The Independent National Electoral Commission shall
review the division of every State into constituencies at intervals of not less
than ten years, and may alter such constituencies in accordance with the
provisions of this section to such extent as it may consider desirable in the
light of the review.
(2) The Independent National Electoral Commission may at any
time carry out such a review and alter the constituencies in accordance with the
provisions of this section to such extent as it considers necessary in
consequence of any alteration of the boundaries of the State or by reason of the
holding of a census of the population of Nigeria in pursuance of an Act of the
National Assembly.
115. Where the boundaries of any State constituency established
under section 112 of this Constitution are altered in accordance with the
provisions of section 114 of this Constitution, that alteration shall come into
effect after it has been approved by the National Assembly and after the current
life of the House of Assembly.
116. (1) Elections to a House of Assembly shall be held on a
date to be appointed by the Independent National Electoral Commission.
(2) The date mentioned in subsection (1) of this section shall
not be earlier than sixty days before and not later than the date on which the
House of Assembly stands dissolved, or where the election is to fill a vacancy
occurring more than three months before such date, not later than one month
after the vacancy occurred.
117. (1) Subject to the provisions of this Constitution, every
State constituency established in accordance with the provisions of this part of
this Chapter shall return one member who shall be directly elected to a House of
Assembly in such manner as may be prescribed by an Act of the National Assembly.
(2) Every citizen of Nigeria, who has attained the age of
eighteen years residing in Nigeria at the time of the registration of voters for
purposes of election to any legislative house, shall be entitled to be
registered as a voter for that election.
118. The registration of voters and the conduct of elections
shall be subject to the direction and supervision of the Independent National
Electoral Commission.
119. The National Assembly shall make provisions as respects -
(a) persons who may apply to an election tribunal for the
determination of any question as to whether -
(i) any person has been validly elected as a member of a House
of Assembly,
(ii) the term of office of any person has ceased, or
(iii) the seat in a House of Assembly of a member of that House
has become vacant;
(b) circumstances and manner in which, and the conditions upon
which, such application may be made; and
(c) powers, practice and procedure of the election tribunal in
relation to any such application.
E -
Powers and Control over Public Funds
120. (1) All revenues or other moneys raised or received by a
State (not being revenues or other moneys payable under this Constitution or any
Law of a House of Assembly into any other public fund of the State established
for a specific purpose) shall be paid into and form one Consolidated Revenue
Fund of the State.
(2) No moneys shall be withdrawn from the Consolidated Revenue
Fund of the State except to meet expenditure that is charged upon the Fund by
this Constitution or where the issue of those moneys has been authorised by an
Appropriation Law, Supplementary Appropriation Law or Law passed in pursuance of
section 121 of this Constitution.
(3) No moneys shall be withdrawn from any public fund of the
State, other than the Consolidated Revenue Fund of the State, unless the issue
of those moneys has been authorised by a Law of the House of Assembly of the
State.
(4) No moneys shall be withdrawn from the Consolidated Revenue
Fund of the State or any other public fund of the State except in the manner
prescribed by the House of Assembly.
121. (1) The Governor shall cause to be prepared and laid
before the House of Assembly at any time before the commencement of each
financial year estimates of the revenues and expenditure of the State for the
next following financial year.
(2) The heads of expenditure contained in the estimates, other
than expenditure charged upon the Consolidated Revenue Fund of the State by this
Constitution, shall be included in a bill, to be known as an Appropriation Bill,
providing for the issue from the Consolidated Revenue Fund of the State of the
sums necessary to meet that expenditure and the appropriation of those sums for
the purposes specified therein.
(3) Any amount standing to the credit of the judiciary in the
Consolidated Revenue Fund of the State shall be paid directly to the heads of
the courts concerned.
(4) If in respect of any financial year, it is found that -
(a) the amount appropriated by the Appropriation Law for any
purpose is insufficient; or
(b) a need has arisen for expenditure for a purpose for which
no amount has been appropriated by the Law,
a supplementary estimate showing the sums required shall be
laid before the House of Assembly and the heads of any such expenditure shall be
included in a Supplementary Appropriation Bill.
122. If the Appropriation Bill in respect of any financial year
has not been passed into Law by the beginning of the financial year, the
Governor may authorise the withdrawal of moneys from the Consolidated Revenue
Fund of the State for the purpose of meeting expenditure necessary to carry on
the services of the government for a period not exceeding six months or until
the coming into operation of the Law, whichever is the earlier:
Provided that the withdrawal in respect of any such period
shall not exceed the amount authorised to be withdrawn from the Consolidated
Revenue Fund of the State under the provisions of the Appropriation Law passed
by the House of Assembly for the corresponding period in the immediately
preceding financial year, being an amount proportionate to the total amount so
authorised for the immediately preceding financial year.
123. (1) A House of Assembly may by Law make provisions for the
establishment of a Contingencies Fund for the State and for authorising the
Governor, if satisfied that there has arisen an urgent and unforeseen need for
expenditure for which no other provision exists, to make advances from the Fund
to meet that need.
(2) Where any advance is made in accordance with the provisions
of this section, a Supplementary Estimate shall be presented and a Supplementary
Appropriation Bill shall be introduced as soon as possible for the purpose of
replacing the amount so advanced.
124. (1) There shall be paid to the holders of the offices
mentioned in this section such remuneration and salaries as may be prescribed by
a House of Assembly, but not exceeding the amount as shall have been determined
by the Revenue Mobilisation Allocation and Fiscal Commission.
(2) The remuneration, salaries and allowances payable to the
holders of the offices so mentioned shall be charged upon the Consolidated
Revenue Fund of the State.
(3) The remuneration and salaries payable to the holders of the
said offices and their conditions of service, other than allowances, shall not
be altered to their disadvantage after their appointment.
(4) The offices aforesaid are the offices of Governor, Deputy
Governor, Auditor-General for a State and the Chairman and members of the
following bodies, that is to say, the State Civil Service Commission, the State
Independent Electoral Commission and the State Judicial Service Commission.
(5) Provisions may be made by a Law of a House of Assembly for
the grant of a pension or gratuity to or in respect of a person who had held
office as Governor or Deputy Governor and was not removed from office as a
result of impeachment; and any pension granted by virtue of any provisions made
in pursuance of this subsection shall be a charge upon the Consolidated Revenue
Fund of the State.
125. (1) There shall be an Auditor-General for each State who
shall be appointed in accordance with the provisions of section 126 of this
Constitution.
(2) The public accounts of a State and of all offices and
courts of the State shall be audited by the Auditor-General for the State who
shall submit his reports to the House of Assembly of the State concerned, and
for that purpose the Auditor-General or any person authorised
by him in that behalf shall have access to all the books,
records, returns and other documents relating to those accounts.
(3) Nothing in subsection (2) of this section shall be
construed as authorising the Auditor-General to audit the accounts of or appoint
auditors for government statutory corporations, commissions, authorities,
agencies, including all persons and bodies established by Law by the
Auditor-General shall -
(a) provide such bodies with -
(i) a list of auditors qualified to be appointed by them as
external auditors and from which the bodies shall appoint their external
auditors, and
(ii) a guideline on the level of fees to be paid to external
auditors; and
(b) comment on their annual accounts and auditor's report
thereon.
(4) The Auditor-General for the State shall have power to
conduct periodic checks of all government statutory corporations, commissions,
authorities, agencies, including all persons and bodies established by a law of
the House of Assembly of the State.
(5) The Auditor-General for a State shall, within ninety days
of receipt of the Accountant-General's financial statement and annual accounts
of the State, submit his report to the House of Assembly of the State and the
House shall cause the report to be considered by a committee of the House
responsible for public accounts.
(6) In the exercise of his functions under this Constitution,
the Auditor-General for a State shall not be subject to the direction or control
of any other authority or person.
126. (1) The Auditor-General for a State shall be appointed by
the Governor of the State on the recommendation of the State Civil Service
Commission subject to confirmation by the House of Assembly of the State.
(2) The power to appoint persons to act in the office of the
Auditor-General for a State shall vest in the Governor.
(3) Except with the sanction of a resolution of the House of
Assembly of a State, no person shall act in the office of the Auditor-General
for a State for a period exceeding six months.
127. (1) A person holding the office of Auditor-General under
section 126 (1) of this Constitution shall be removed from office by the
Governor of the State acting on an address supported by two-thirds majority of
the House of Assembly praying that he be so removed for inability to discharge
the functions of his office (whether arising from infirmity of mind or body or
any other cause) or for misconduct.
(2) An Auditor-General shall not been removed from office
before such retiring age as may be prescribed by Law, save in accordance with
the provisions of this section.
128. (1) Subject to the provisions of this Constitution, a
House of Assembly shall have power by resolution published in its journal or in
the Office Gazette of the Government of the State to direct or cause to be
directed an inquiry or investigation into -
(a) any matter or thing with respect to which it has power to
make laws; and
(b) the conduct of affairs of any person, authority, ministry
or government department charged, or intended to be charged, with the duty of or
responsibility for -
(i) executing or administering laws enacted by that House of
Assembly, and
(ii) disbursing or administering moneys appropriated or to be
appropriated by such House.
(2) The powers conferred on a House of Assembly under the
provisions of this section are exercisable only for the purpose of enabling the
House to -
(a) make laws with respect to any matter within its legislative
competence and correct any defects in existing laws; and
(b) expose corruption, inefficiency of waste in the execution
or administration of laws within its legislative competence and in the
disbursement or administration of funds appropriated by it.
129. (1) For the purposes of any investigation under section
128 of this Constitution, and subject to the provisions thereof, a House of
Assembly or a committee appointed in accordance with section 103 of this
Constitution shall have power to -
(a) procure all such evidence, written or oral, direct or
circumstantial, as it may think necessary or desirable, and examine all persons
as witnesses whose evidence may be material or relevant to the subject matter;
(b) require such evidence to be given on oath;
(c) summon any person in Nigeria to give evidence at any place
or produce any document or other thing in his possession or under his control,
and examine him as a witness and require him to produce any document or other
thing in his possession or under his control, subject to all just exceptions;
and
(d) issue a warrant to compel the attendance of any person who,
after having been summoned to attend, fails, refuses or neglects to do so and
does not excuse such failure, refusal or neglect to the satisfaction of the
House of Assembly or the committee, and order him to pay all costs which may
have been occasioned in compelling his attendance or by reason of his failure,
refusal or neglect to obey the summons and also to impose such fine as may be
prescribed for any such failure, refusal or neglect; and any fine so imposed
shall be recoverable in the same manner as a fine imposed by a court of law.
(2) A summons or warrant issued under this section may be
served or executed by any member of the Nigeria Police Force or by any person
authorised in that behalf by the Speaker of the House of Assembly of the State.
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.
B - Establishment of certain Federal Executive Bodies
153. (1) There shall be established for the Federation the
following bodies, namely:
(a) Code of Conduct Bureau;
(b) Council of State;
(c) Federal Character Commission;
(d) Federal Civil Service Commission;
(e) Federal Judicial Service Commission;
(f) Independent National Electoral Commission;
(g) National Defence Council;
(h) National Economic Council;
(i) National Judicial Council;
(j) National Population Commission;
(k) National Security Council;
(l) Nigeria Police Council;
(m) Police Service Commission; and
(n) Revenue Mobilisation Allocation and Fiscal Commission.
(2) The composition and powers of each body established by
subsection (1) of this section are as contained in Part 1 of the Third Schedule
to this Constitution.
154. (1) Except in the case of ex officio members or where
other provisions are made in this Constitution, the Chairman and members of any
of the bodies so established shall, subject to the provisions of this
Constitution, be appointed by the President and the appointment shall be subject
to confirmation by the Senate.
(2) In exercising his powers to appoint a person as Chairman or
member of the Council of State or the National Defence Council or the National
Security Council, the President shall not be required to obtain the confirmation
of the Senate.
(3) In exercising his powers to appoint a person as Chairman or
member of the Independent National Electoral Commission, National Judicial
Council, the Federal Judicial Service Commission or the National Population
Commission, the President shall consult the Council of State.
155. (1) A person who is a member of any of the bodies
established as aforesaid shall, subject to the provisions of this Part, remain a
member thereof -
(a) in the case of an ex officio member, whilst he holds the
office by virtue of which he is a member of the body;
(b) in the case of a person who is a member by virtue of his
having previously held an office, for the duration of his life; and
(c) in the case of a person who is a member otherwise than as
ex officio member or otherwise than by virtue of his having previously held an
office, for a period of five years from the date of his appointment.
(2) A member of any of the bodies shall cease to be member if
any circumstances arise that, if he were not a member of the body, would cause
him to be disqualified for appointment as such a member.
156. (1) No person shall be qualified for appointment as a
member of any of the bodies aforesaid if -
(a) he is not qualified or if he is disqualified for election
as a member of the House of Representatives;
(b) within the preceding ten years, he has been removed as a
member of any of the bodies or as the holder of any other office on the ground
of misconduct.
(2) any person employed in the public service of the Federation
shall not be disqualified for appointment as Chairman or member of any of such
bodies:
Provided that where such person has been duly appointed he
shall, on his appointment, be deemed to have resign his former office as from
the date of the appointment.
(3) No person shall be qualified for appointment to any of the
bodies aforesaid if, having previously been appointed as a member otherwise than
as an ex officio member of that body, he has been re-appointed for a further
term as a member of the same body.
157. (1) Subject to the provisions of subsection (3) of this
section, a person holding any of the offices to which this section applies may
only be removed from that office by the President acting on an address supported
by two-thirds majority of the Senate praying that he be so removed for inability
to discharge the functions of the office (whether arising from infirmity of mind
or body or any other cause) or for misconduct.
(2) This section applies to the offices of the Chairman and
members of the Code of Conduct Bureau, the Federal Civil Service Commission, the
Independent National Electoral Commission, the National Judicial Council, the
Federal Judicial Service Commission, the Federal Character Commission, the
Nigeria Police Council, the National Population Commission, the Revenue
Mobilisation Allocation and Fiscal Commission and the Police Service Commission.
(3) All members of the National Population Commission shall
cease to be members if the President declares a National Census Report as
unreliable and the report is rejected in accordance with section 213 of this
Constitution.
158. (1) In exercising its power to make appointments or to
exercise disciplinary control over persons, the Code of Conduct Bureau, the
National Judicial Council, the Federal Civil Service Commission, the Federal
Judicial Service Commission, the Revenue Mobilisation and Fiscal Commission, the
Federal Character Commission, and the Independent National Electoral Commission
shall not be subject to the direction or control of any other authority or
person.
(2) The National Population Commission shall not be subject to
the direction or control of any other authority or person:-
(a) in appointing, training or arranging for the training of
enumerators or other staff of the Commission to assist it in the conduct of any
population census;
(b) in deciding whether or not to accept or revise the return
of any officer of the said Commission concerning the population census in any
area or part of the Federation;
(c) in carrying out the operation of conducting the census; and
(d) in compiling its report of a national census for
publication.
159. (1) The quorum for a meeting of any of the bodies
established by section 153 of this Constitution shall be not less than one-third
of the total number of members of that body at the date of the meeting.
(2) A member of such a body shall be entitled to one vote, and
a decision of the meeting may be taken and any act or thing may be done in the
name of that body by a majority of the members present at the meeting.
(3) Whenever such body is assembled for a meeting, the Chairman
or other person presiding shall, in all matters in which a decision is taken by
vote (by whatever name such vote may be called) have a casting as well as a
deliberative vote.
(4) Subject to its rules of procedure, any such body may act or
take part in any decision notwithstanding any vacancy in its membership or the
absence of any member.
160. (1) Subject to subsection (2) of this section, any of the
bodies may, with the approval of the President, by rules or otherwise regulate
its own procedure or confer powers and impose duties on any officer or authority
for the purpose of discharging its functions.
(2) In the exercise of any powers under subsection (1) of this
section, any such body shall not confer powers or impose duties on any officer
or authorities of a State except with the approval of the Governor of the State.
The President, upon the receipt of advice from the Revenue
Mobilisation Allocation and Fiscal Commission, shall table before the National
Assembly proposals for revenue allocation from the Federation Account, and in
determining the formula, the National Assembly shall take into account, the
allocation principles especially those of population, equality of States,
internal revenue generation, land mass, terrain as well as population density.`
161. In this Part of this Chapter, unless the context otherwise
requires -
(a) any reference to "ex officio member" shall be construed as
a reference to a person who is a member by virtue of his holding or performing,
the functions of an office in the public service of the Federation;
(b) "office" means an office in the public service of the
Federation;
(c) any reference to "member" of a body established by section
153 of this Constitution shall be construed as including a reference to the
Chairman of that body; and
(d) "misconduct" means a breach of the Oath of Allegiance or
oath of office of a member or a breach of the provisions of this Constitution or
bribery or corruption or false declaration of assets and liabilities or
conviction for treason or treasonable felony.
C - Public Revenue
162. (1) The Federation shall maintain a special account to be
called "the Federation Account" into which shall be paid all revenues collected
by the Government of the Federation, except the proceeds from the personal
income tax of the personnel of the armed forces of the Federation, the Nigeria
Police Force, the Ministry or department of government charged with
responsibility for Foreign Affairs and the residents of the Federal Capital
Territory, Abuja.
(2) The President, upon the receipt of advice from the Revenue
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.
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.
B - Establishment of Certain State Executive Bodies
197. (1) There shall be established for each State of the
Federation the following bodies, namely -
(a) State Civil Service Commission;
(b) State Independent Electoral Commission; and
(c) State Judicial Service Commission.
(2) The composition and powers of each body established by
subsection (1) of this section are as set out in Part II of the Third Schedule
to this Constitution.
(3) In appointing Chairmen and members of boards and governing
bodies of statutory corporations and companies in which the Government of the
State has controlling shares or interests and councils of Universities, Colleges
and other institutions of higher learning, the Governor shall conform with the
provisions of section 14(4) of this Constitution.
198. Except in the case of ex-officio members or where other
provisions are made in this Constitution, the Chairman and members of any of the
bodies so established shall, subject to the provisions of this Constitution, be
appointed by the Governor of the State and the appointment shall be subject to
confirmation by a resolution of the House of Assembly of the State.
199. (1) A person who is a member of any of the bodies
established as aforesaid shall, subject to the provisions of this Part, remain a
member thereof -
(a) in the case of an ex-officio member, whilst he holds the
office by virtue of which he is a member of the body;
(b) in the case of a person who is a member by virtue of his
having previously held an office, for the duration of his life; and
(c) in the case of a person who is a member otherwise than as
an ex-officio member or otherwise than by virtue of his having previously held
an office, for a period of five years from the date of his appointment.
(2) A member of any of the bodies shall cease to be a member if
any circumstances arise that, if he were not a member of the body, would cause
him to be disqualified for appointment as such a member.
200. (1) No person shall be qualified for appointment as a
member of any of the bodies aforesaid if -
(a) he is not qualified or if he is disqualified for election
as a member of a House of Assembly;
(b) he has within the preceding ten years, been removed as a
member of any of the bodies or as the holder of any other office on the ground
of misconduct.
(2) Any person employed in the public service of a State shall
not be disqualified for appointment as Chairman or member of any of such bodies
provided that where such a person has been duly appointed, he shall on his
appointment be deemed to have resigned his former office as from the date of the
appointment.
(3) No person shall be qualified for appointment to any of the
bodies aforesaid, if, having previously been appointed as a member otherwise
than as an ex officio member of that body, he has been re-appointed for a
further term as a member of the same body.
201. (1) Any person holding any of the offices to which this
section applies shall only be removed from that office by the Governor of that
State acting on an address supported by two-thirds majority of the House of
Assembly of the State praying that he be so removed for inability to discharge
the functions of the office (whether arising from infirmity of mind or body or
any other cause) or for misconduct.
(2) This section applies to the Offices of the Chairman and
members of the State Civil Service Commission, the State Independent Electoral
Commission and the State Judicial Service Commission.
202. In exercising its power to make appointments or to
exercise disciplinary control over persons the State Civil Service Commission,
the State Independent Electoral Commission and the State Judicial Service
Commission shall not be subject to the direction and control of any other
authority or person.
203. (1) The quorum for a meeting of any of the bodies
established by section 197 of this Constitution shall not be less than one-third
of the total number of members of that body at the date of the meeting.
(2) A member of such a body shall be entitled to one vote and a
decision of the meeting may be taken and any act or thing may be done in the
name of that body by a majority of the members present at a meeting.
(3) Whenever such bodies is assembled for a meeting, the
Chairman or other person presiding shall, in all matters in which a decision is
taken by vote (by whatever name such vote may be called) have a casting as well
as a deliberative vote.
(4) Subject to its rules of procedure, any such body may act or
take any decision notwithstanding any vacancy in its membership or the absence
of any member.
204. (1) Subject to subsection (2) of this section, any of the
bodies may, with the approval of the Governor, by rules or otherwise regulate
its own procedure or confer powers or impose duties on any officer or authority
for the purpose of discharging its functions.
(2) In the exercise of any powers under subsection (1) of this
section any such body shall not confer powers or impose duties on any officer or
authority of the Federation except with the approval of the President.
205. In this Part of this Chapter, unless the context otherwise
requires:-
(a) any reference to ex officio member shall be construed as a
reference to a person who is a member by virtue of his holding or performing the
functions of an office in the public service of a State;
(b) office means an office in the public service of a State;
(c) any reference to member of any of the bodies established by
section 197 of this Constitution shall be construed as including a reference, to
the Chairman of that body; and
(d) misconduct means breach of the Oath of Allegiance or oath
of office of a member or a breach of the provisions of this Constitution or
bribery or corruption or false declaration of assets and liabilities or
conviction for treason or treasonable felony.
C - The Public Service of a State
206. There shall be for each State of the Federation a Civil
Service.
207. Subject to the provisions of this Constitution, a State
Civil Service Commission may, with the approval of the Governor and subject to
such conditions as it may deem fit, delegate any of the powers conferred upon it
by this Constitution to any of its members or to any officer in the civil
service of the State.
208. (1) Power to appoint persons to hold or act in the offices
to which this section applies and to remove persons so appointed from any such
office shall vest in the Governor of the State.
(2) The offices to which this section applies are, namely -
(a) Secretary to the Government of the State;
(b) Head of the Civil Service of the State;
(c) Permanent Secretary or other chief executive in any
Ministry or Department of the Government of the State howsoever designated; and
(d) any office on the personal staff of the Governor.
(3) An appointment to the office of the Head of the Civil
Service of a State shall not be made except from among Permanent Secretaries or
equivalent rank in the civil service of any State or of the Federation.
(4) In exercising his powers of appointment under this section,
the Governor shall have regard to the diversity of the people within the state
and the need to promote national unity.
(5) Any appointment made pursuant to paragraphs (a) and (d) of
subsection (2) of this section shall be at the pleasure of the Governor and
shall cease when the Governor ceases to hold office:
Provided that where a person has been appointed from a public
service of the Federation or a State, he shall be entitled to return to the
public service of the Federation or of the State when the Governor ceases to
hold office.
209. A person in the public service of a State shall observe
and conform to the Code of Conduct.
210. (1) Subject to the provisions of subsection (2) of this
section, the right of a person in the public service of a State to receive
pension or gratuity shall be regulated by law.
(2) Any benefit to which a person is entitled in accordance
with or under such law as is referred to in subsection (1) of this section shall
not be withheld or altered to his disadvantage except to such extent as is
permissible under any law, including the Code of Conduct.
(3) Pensions shall be reviewed every five years or together
with any state civil service salary reviews, whichever is earlier.
(4) Pensions in respect of service in the service of a State
shall not be taxed
211. (1) The Attorney General of a state shall have power
(a) to institute and undertake criminal proceedings against any
person before any court of law in Nigeria other than a court-martial in respect
of any offence created by or under any law of the House of Assembly;
(b) to take over and continue any such criminal proceedings
that may have been instituted by any other authority or person; and
(c) to discontinue at any stage before judgement is delivered
any such criminal proceedings instituted or undertaken by him or any other
authority or person.
(2) The powers conferred upon the Attorney-General of a state
under subsection 1 of this section may be exercised b him in person or through
officers of his department.
(3) In exercising his powers under this section, the
attorney-General of a state shall have regard to the public interest, the
interest of justice and the need to prevent abuse of legal process
212. (1) The Governor may -
(a) Grant any person concerned with or convicted of any offence
created by any law of a state a pardon, either free or subject to lawful
conditions;
(b) grant to any person a respite, of the execution of any
punishment imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any person
for such an offence; or
(d) remit the whole or any part of punishment for any
punishment imposed on that person for such 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.
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.
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.
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.
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.
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.
E - The Sharia Court of Appeal of the Federal Capital
Territory, Abuja.
260. (1) There shall be a Sharia Court of Appeal of the Federal
Capital Territory, Abuja.
(2) The Sharia Court of Appeal of the Federal Capital
Territory, Abuja shall consist of -
(a) a Grand Kadi of the Sharia Court of Appeal. and
(b) such number of Kadis of the Sharia Court of Appeal as may
be prescribed by an Act of the National Assembly.
261. (1) The appointment of a person to the office of the Grand
Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja shall
be made by the President on the recommendation of the National Judicial Council,
subject to confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Kadi of the
Sharia Court of Appeal shall be made by the President on the recommendation of
the National Judicial Council.
(3) A person shall not be qualified to hold office as Grand
Kadi or Kadi of the Sharia Court of Appeal of the Federal Capital Territory,
Abuja unless -
(a) he is a legal practitioner in Nigeria and has so qualified
for a period of not less than ten years and has obtained a recognised
qualification in Islamic law from an institution acceptable to the National
Judicial Council; or
(b) he has attended and has obtained a recognised qualification
in Islamic law from an institution approved by the National Judicial Council and
has held the qualification for a period of not less than twelve years; and
(i) he either has considerable experience in the Practice of
Islamic law, or
(ii) he is a distinguished scholar of Islamic law.
(4) If the office of the Grand Kadi of the Sharia Court of
Appeal is vacant or if the person holding the office is for any reason unable to
perform the functions of the office, then, until a person has been appointed to
and has assumed the functions of that office or until the person holding the
office has resumed those functions, the President shall appoint the most senior
Kadi of the Sharia Court of Appeal to perform those functions.
(5) Except on the recommendation of the National Judicial
Council, an appointment pursuant to the provisions of subsection (4) of this
section shall cease to have effect after the expiration of three months from the
date of such appointment and the President shall not re-appoint a person whose
appointment has lapsed.
262. (1) The Sharia Court of Appeal shall, in addition to such
other jurisdiction as may be conferred upon it by an Act of the National
Assembly, exercise such appellate and supervisory jurisdiction in civil
proceedings involving questions of Islamic personal law.
(2) For the purpose of subsection (1) of this section, the
Sharia Court of Appeal shall be competent to decide -
(a) any question of Islamic personal law regarding a marriage
concluded in accordance with that law, including a question relating to the
validity or dissolution of such a marriage or a question that depends on such a
marriage and relating to family relationship or the guardianship of an infant;
(b) where all the parties to the proceeding are Muslims, any
question of Islamic personal law regarding a marriage, including the validity or
dissolution of that marriage, or regarding family relationship, a foundling or
the guardianship of an infant;
(c) any question of Islamic personal law regarding a wakf,
gift, will or succession where the endower, donor, testator or deceased person
is a Muslim;
(d) any question of Islamic personal law regarding an infant,
prodigal or person of unsound mind who is a Muslim or the maintenance or the
guardianship of a Muslim who is physically or mentally infirm; or
(e) where all the parties to the proceedings, being Muslims,
have requested the court that hears the case in the first instance to determine
that case in accordance with Islamic personal law, any other question.
263. For the purpose of exercising any jurisdiction conferred
upon it by this Constitution or any Act of the National Assembly, the Sharia
Court of Appeal shall be duly constituted if it consists of at least three Kadis
of that Court.
264. Subject to the provisions of any Act of the National
Assembly, the Grand Kadi of the Sharia Court of Appeal of the Federal Capital
Territory, Abuja may make rules for regulating the practice and procedure of the
Sharia Court of Appeal of the Federal Capital Territory, Abuja.
F - The Customary Court of Appeal of the Federal Capital
Territory, Abuja.
265. (1) There shall be a Customary Court of Appeal of the
Federal Capital Territory, Abuja.
(2) The Customary Court of Appeal of the Federal Capital
Territory, Abuja shall consist of -
(a) a President of the Customary Court of Appeal; and
(b) such number of Judges of the Customary Court of Appeal as
may be prescribed by an Act of the National Assembly.
266. (1) The appointment of a person to the office of the
President of the Customary Court of Appeal of the Federal Capital Territory,
Abuja shall be made by the President on the
recommendation of the National Judicial Council, subject to the
confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Judge of the
Customary Court of Appeal shall be made by the President on the recommendation
of the National Judicial Council.
(3) Apart from such other qualification as may be prescribed by
an Act of the National Assembly, a person shall not be qualified to hold the
office of President or a Judge of the Customary Court of Appeal of the Federal
Capital Territory, Abuja, unless -
(a) he is a legal practitioner in Nigeria and has been so
qualified for a period of not less than ten years and, in the opinion of the
National Judicial Council he has considerable knowledge and experience in the
practice of Customary law; or
(b) in the opinion of the National Judicial Council he has
considerable knowledge of and experience in the practice of Customary law.
(4) If the office of the President of the Customary Court of
Appeal is vacant or if the person holding the office is for any reason unable to
perform the functions of the office, then, until a person has been appointed to
and assumed the functions of that office, or until the person holding the office
has resumed those functions, the President shall appoint the next most senior
Judge of the Customary Court of Appeal to perform those functions.
(5) Except on the recommendation of the National Judicial
Council, an appointment pursuant to the provisions of subsection (4) of this
section shall cease to have effect after the expiration of three months from the
date of such appointment and the President shall no re-appoint a person whose
appointment has lapsed.
267. The Customary Court of Appeal of the Federal Capital
Territory, Abuja shall, in addition to such other jurisdiction as may be
conferred upon by an Act of The National Assembly Exercise such appellate and
supervisory jurisdiction in civil proceedings involving questions of Customary
law.
268. For the purpose of exercising any jurisdiction conferred
upon it by this Constitution or any Act of the National Assembly, the Customary
Court of Appeal shall be duly constituted if it consists of at least three
Judges of that Court.
269. Subject to the provisions of any Act of the National
Assembly, the President of the Customary Court of Appeal of the Federal Capital
Territory, Abuja, may make rules for regulating the practice and procedure of
the Customary Court of Appeal of the Federal Capital Territory, Abuja.
Part II
State Courts
A - High Court of a State
270. (1) There shall be a High Court for each State of the
Federation.
(2) The High Court of a State shall consist of -
(a) a Chief Judge of the State; and
(b) such number of Judges of the High Court as may be
prescribed by a Law of the House of Assembly of the State.
271. (1) The appointment of a person to the office of Chief
Judge of a State shall be made by the Governor of the State on the
recommendation of the National Judicial Council subject to confirmation of the
appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Judge of a
High Court of a State shall be made by the Governor of the State acting on the
recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office of a Judge
of a High Court of a State unless he is qualified to practice as a legal
practitioner in Nigeria and has been so qualified for a period of not less than
ten years.
(4) If the office of Chief Judge of a State is vacant or if the
person holding the office is for any person unable to perform the functions of
the office, then until a person has been appointed to and has assumed the
functions of that office, or until the person holding the office has resumed
those functions, the Governor of the State shall appoint the most senior Judge
of the High Court to perform those functions.
(5) Except on the recommendation of the National Judicial
Council an appointment pursuant to subsection (4) of this section shall cease to
have effect after expiration of three months from the date of such appointment
and the Governor shall not re-appoint a person whose appointment has lapsed.
272. (1) Subject to the provisions of section 251 and other
provisions of this Constitution, the High Court of a State shall have
jurisdiction to hear and determine any civil proceedings in which the existence
or extent of a legal right, power, duty, liability, privilege, interest,
obligation or claim is in issue or to hear and determine any criminal
proceedings involving or relating to any penalty, forfeiture, punishment or
other liability in respect of an offence committed by any person.
(2) The reference to civil or criminal proceedings in this
section includes a reference to the proceedings which originate in the High
Court of a State and those which are brought before the High Court to be dealt
with by the court in the exercise of its appellate or supervisory jurisdiction.
273. For the purpose of exercising any jurisdiction conferred
upon it under this Constitution or any law, a High court of a State shall be
duly constituted if it consists of at least one Judge of that Court.
274. Subject to the provisions of any law made by the House of
Assembly of a State, the Chief Judge of a State may make rules for regulating
the practice and procedure of the High Court of the State.
B - Sharia Court of Appeal of a State
275. (1) There shall be for any State that requires it a Sharia
Court of Appeal for that State.
(2) The Sharia Court of Appeal of the State shall consist of -
(a) A Grandi Kadi of the Sharia Court of Appeal; and
(b) such member of Kadi of the Sharia Court of Appeal as may be
prescribed by the House of Assembly of the State.
276. (1) The appointment of a person to the office of the
Grandi Kadi of the Sharia Court of Appeal of a State shall be made by the
Governor of the State on the recommendation of the National Judicial Council,
subject to confirmation of such appointment by the House of Assembly of the
State.
(2) The appointment of a person to the office of a Kadi of the
Sharia Court of Appeal of a State shall be made by the Governor of the State on
the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office as a Kadi of
the Sharia Court of Appeal of a State unless -
(a) he is a legal practitioner in Nigeria and has been so
qualified for a period of not less than ten years and has obtained a recognised
qualification in Islamic law from an institution acceptable to the National
Judicial Council; or
(b) he has attended and has obtained a recognised qualification
in Islamic law from an institution approved by the National Judicial council and
has held the qualification for a period of not less than ten years; and
(i) he either has considerable experience in the practice of
Islamic law, or
(ii) he is a distinguished scholar of Islamic law.
(4) If the office of the Grandi Kadi of the Sharia Court of
Appeal of a State is vacant or if a person holding the office is for any reason
unable to perform the function of the office, then until a person has been
appointed to and has assumed the function s of that office, or until the person
holding the office has resumed those functions, the Governor of the State shall
appoint the most senior Kadi of the Sharia Court of Appeal of the State to
perform those functions.
(5) Except on the recommendation of the National Judicial
Council, an appointment pursuant to subsection (4) of this section shall cease
to have effect after the expiration of three months from the date of such
appointment, and the Governor shall not re-appoint a person whose appointment
has lapsed.
277. (1) The sharia Court of Appeal of a State shall, in
addition to such other jurisdiction as may be conferred upon it by the law of
the State, exercise such appellate and supervisory jurisdiction in civil
proceedings involving questions of Islamic personal Law which the court is
competent to decide in accordance with the provisions of subsection (2) of this
section.
(2) For the purposes of subsection (1) of this section, the
sharia Court of Appeal shall be competent to decide -
(a) any question of Islamic personal Law regarding a marriage
concluded in accordance with that Law, including a question relating to the
validity or dissolution of such a marriage or a question that depends on such a
marriage and relating to family relationship or the guardianship of an infant;
(b) where all the parties to the proceedings are muslims, any
question of Islamic personal Law regarding a marriage, including the validity or
dissolution of that marriage, or regarding family relationship, a founding or
the guarding of an infant;
(c) any question of Islamic personal Law regarding a wakf,
gift, will or succession where the endower, donor, testator or deceased person
is a muslim;
(d) any question of Islamic personal Law regarding an infant,
prodigal or person of unsound mind who is a muslim or the maintenance or the
guardianship of a muslim who is physically or mentally infirm; or
(e) where all the parties to the proceedings, being muslims,
have requested the court that hears the case in the first instance to determine
that case in accordance with Islamic personal law, any other question.
278. For the purpose of exercising any jurisdiction conferred
upon it this Constitution or any law, a sharia Court of Appeal of a State shall
be duly constituted if it consists of at least three kadis of that Court.
279. Subject to provisions of any made by the House of Assembly
of the State, the Grand Kadi of the Sharia Court of Appeal of the state may make
rules regulating the practice and procedure of the Sharia Court of Appeal.
C - Customary Court of Appeal of a State
280. (1) There shall be for any State that requires it a
Customary Court of Appeal for that State.
(2) The Customary Court of Appeal of a State shall consist of -
(a) a President of the Customary Court of Appeal of the State;
and
(b) such number of Judges of the Customary Court of Appeal as
may be prescribed by the House of Assembly of the State.
281. (1) The appointment of a person to the office of President
of a Customary Court of Appeal shall be made by the governor of the State on the
recommendation of the national Judicial Council, subject to confirmation of such
appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Judge of a
Customary Court of Appeal shall be made by the Governor of the State on the
recommendation of the National Judicial Council.
(3) Apart from such other qualification as may be prescribed by
a law of the House of Assembly of the State, a person shall not be qualified to
hold office of a president or of a Judge of a Customary Court of Appeal of a
State unless -
(a) he is a legal practitioner in Nigeria and he has been so
qualified for a period of not less than ten years and In the opinion of the
National Judicial Council he has considerable knowledge and experience in the
practice of Customary law; or
(b) in the opinion of the National Judicial Council he has
considerable knowledge of and experience in the practice of Customary law.
(4) If the office of President of the Customary Court of Appeal
of a State is vacant or if the person holding the office is for any reason
unable to perform the functions of the office, then until a person has been
appointed to and has assumed the functions of that office, or until the person
holding the office has resumed the functions of that office, or until the person
holding the office has resumed those functions, the Governor of the State shall
appoint the most senior Judge of the Customary Court of Appeal of the State to
perform those functions.
(5) Except on the recommendation of the National Judicial
Council, an appointment pursuant to subsection (4) of this section shall cease
to have effect after the expiration of three months from the date of such
appointment, and the Governor shall not re-appoint a person whose appointment
has lapsed.
282. (1) A Customary Court of Appeal of a State shall exercise
appellate and supervisory jurisdiction in civil proceedings involve questions of
Customary law.
(2) For the purpose of this section, a Customary Court of
Appeal of a State shall exercise such jurisdiction and decide such questions as
may be prescribed by the House of Assembly of the State for which it is
established.
283. For the purpose of exercising any jurisdiction conferred
upon it by this Constitution or any law, a Customary Court of Appeal of the
State may make rules for regulating the practice and procedure of the Customary
Court of Appeal of the State.
284. Subject to the provisions of any law by the House of
Assembly of the State, the President of the Customary Court of Appeal of the
State may make rules for regulating the practice and procedure of the customary
Court of Appeal of the State.
Part III
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.
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.
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.
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.
Part III
Transitional Provisions and Savings
309. Notwithstanding the provisions of Chapter III of this
Constitution but subject to section 28 thereof, any person who became a citizen
of Nigeria by birth, registration or naturalisation under the provisions of any
other Constitution shall continue to be a citizen of Nigeria under this
Constitution.
310. (1) Until the National Assembly or a House of Assembly has
exercised its powers to initiate legislation in accordance with the provisions
of section 51 or 93 of this Constitution, the Clerk or other staff of a
legislative house shall be appointed, as respects each House of the National
Assembly by the Federal Civil Service Commission, and as respects a House of
Assembly by the State Civil Service Commission.
(2) In exercising its powers under the provisions of this
section, the Federal Civil Service Commission shall consult, as appropriate, the
President of the Senate or the Speaker of the House of the Representatives, and
a State Civil Service Commission shall consult the Speaker of the House of
Assembly of the State.
311. (1) The provisions of this section shall have effect until
the National Assembly or a House of Assembly exercises the powers conferred upon
it by section 60 or 101 of this Constitution as appropriate.
(2) The Standing Orders of the Senate established under the
former Constitution shall apply in relation to the proceedings in the Senate
established under this Constitution.
(3) The Standing Orders of the House of Representatives
established under the former Constitution shall apply in relation to the
proceedings in the House of Representatives established under this Constitution.
(4) The Standing Orders of a House of Assembly established
under the former Constitution shall apply in relation to a House of Assembly of
a State established under this Constitution.
(5) The Standing Orders of the former legislative houses
referred to in subsections (2), (3) and (4) of this section, shall apply in
relation to a legislative house with such modifications as may be necessary to
bring them into conformity with the provisions of this Constitution.
(6) In this section, the "former Constitution" refers to the
Constitution of the Federal Republic of Nigeria 1979.
312. (1) The electoral commission established for the
Federation under any law in force immediately before the date when this section
comes into force shall be responsible for performing the functions conferred on
the Independent National Electoral Commission established by the provisions of
this Constitution.
(2) Any person who before the coming into force of this
Constitution was elected to any elective office mentioned in this Constitution
in accordance with the provisions of any law in force immediately before the
coming into force of this Constitution shall be deemed to have been duly elected
to that office under this Constitution.
313. Pending any Act of the National Assembly for the provision
of a system of revenue allocation between the Federation and the States, among
the States, between the States and local government councils and among the local
government councils in the States, the system of revenue allocation in existence
for the financial year beginning from 1st January
1998 and ending on 31st December 1998 shall, subject to the
provisions of this Constitution and as from the date when this section comes
into force, continue to apply:
Provided that where functions have been transferred under this
Constitution from the Government of the Federation to the States and from the
States to local government councils the appropriations in respect of such
functions shall also be transferred to the States and the local government
councils, as the case may require.
314. Any debt of the Federation or of a State which immediately
before the date when this section comes into force was charged on the revenue
and assets of the Federation or on the revenue and assets of a State shall, as
from the date when this section comes into force, continue to be so charged.
315. (1) Subject to the provisions of this Constitution, an
existing law shall have effect with such modifications as may be necessary to
bring it into conformity with the provisions of this Constitution and shall be
deemed to be -
(a) an Act of the National Assembly to the extent that it is a
law with respect to any matter on which the National Assembly is empowered by
this Constitution to make laws; and
(b) a Law made by a House of Assembly to the extent that it is
a law with respect to any matter on which a House of Assembly is empowered by
this Constitution to make laws.
(2) The appropriate authority may at any time by order make
such modifications in the text of any existing law as the appropriate authority
considers necessary or expedient to bring that law into conformity with the
provisions of this Constitution.
(3) Nothing in this Constitution shall be construed as
affecting the power of a court of law or any tribunal established by law to
declare invalid any provision of an existing law on the ground of inconsistency
with the provision of any other law, that is to say-
(a) any other existing law;
(b) a Law of a House of Assembly;
(c) an Act of the National Assembly; or
(d) any provision of this Constitution.
(4) In this section, the following expressions have the
meanings assigned to them, respectively -
(a) "appropriate authority" means -
(i) the President, in relation to the provisions of any law of
the Federation,
(ii) the Governor of a State, in relation to the provisions of
any existing law deemed to be a Law made by the House of Assembly of that State,
or
(iii) any person appointed by any law to revise or rewrite the
laws of the Federation or of a State;
(b) "existing law" means any law and includes any rule of law
or any enactment or instrument whatsoever which is in force immediately before
the date when this section comes into force or which having been passed or made
before that date comes into force after that date; and
(c) "modification" includes addition, alteration, omission or
repeal.
(5) Nothing in this Constitution shall invalidate the following
enactments, that is to say -
(a) the National Youth Service Corps Decree 1993;
(b) the Public Complaints Commission Act;
(c) the National Security Agencies Act;
(d) the Land Use Act,
and the provisions of those enactments shall continue to apply
and have full effect in accordance with their tenor and to the like extent as
any other provisions forming part of this Constitution and shall not be altered
or repealed except in accordance with the provisions of section 9 (2) of this
Constitution.
(6) Without prejudice to subsection (5) of this section, the
enactments mentioned in the said subsection shall hereafter continue to have
effect as Federal enactments and as if they related to matters included in the
Exclusive Legislative List set out in Part I of the Second Schedule to this
Constitution.
316. (1) Any office, court of law or authority which
immediately before the date when this section comes into force was established
and charged with any function by virtue of any other Constitution or law shall
be deemed to have been duly established and shall continue to be charged with
such function until other provisions are made, as if the office, court of law or
authority was established and charged with the function by virtue of this
Constitution or in accordance with the provisions of a law made thereunder.
(2) Any person who immediately before the date when this
section comes into force holds office by virtue of any other Constitution or law
in force immediately before the date when this section comes into force shall be
deemed to be duly appointed to that office by virtue of this Constitution or by
any authority by whom appointments to that office fall to be made in pursuance
of this Constitution.
(3) Notwithstanding the provisions of subsection (2) of this
section, any person holding such office, a member of a court of law or
authority, who would have been required to vacate such office, or where his
membership of such court of law or authority would have ceased but for the
provisions of the said subsection (2) of this section, shall at the expiration
of the period prescribed therefor after the date when this section comes into
force vacate such office or, as the case may be, his membership of such court of
law or authority shall cease, accordingly.
(4) The foregoing provisions of this section are without
prejudice to the exercise of such powers as may be conferred by virtue of this
Constitution or a law upon any authority or person to make provisions with
respect to such matters as may be prescribed or authorised by this Constitution
or such law, including the establishment and abolition of offices, courts of law
or authorities, and with respect to the appointment of persons to hold offices
or to be members of courts of law or authorities and their removal from such
offices, courts of law or authorities.
317. (1) Without prejudice to the generality of section 315 of
this constitution, any property, right, privilege, liability or obligation which
immediately before the date when this section comes into force was vested in,
exercisable or enforceable by or against-
(a) the former authority of the Federation as representative or
trustee for the benefit of the Federation;
(b) any former authority of a state as representative or
trustee for the benefit of the state, shall on the date when this section comes
into force and without further assurance than the provisions thereof vest in, or
become exercisable of enforceable by or against the President and Government of
the Federation, and the Governor and Government of the state, as the case may be
(2) For the purposes of this section -
(a) the President and Government of the Federation, and the
Governor and Government of a state, shall be deemed, respectively, to be
successors to the said former authority of the Federation and former authority
of the state in question; and
(b) references in this section to "former authority of the
Federation" and "former authority of a state" include references to the former
Government of the Federation and the former government of a state, a local
government authority or any person who exercised any authority on its behalf.
Part IV
Interpretation, Citation and commencement
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.
Schedules
First Schedule
Part 1
States of the Federation
State
Local Government Areas
Capital City
Abia
Aba North, Aba South, Arochukwu, Bende, Ikwuano, Isiala-Ngwa
North, Isiala-Ngwa South, Isuikwato, Obi Nwa, Ohafia, Osisioma Ngwa, Ugwunagbo,
Ukwa East, Ukwa West, Umuahia North, Umuahia South, Umu-Neochi
Umuahia
Adamawa
Demsa, Fufore, Ganaye, Gireri, Gombi, Guyuk, Hong, Jada,
Lamurde, Madagali, Maiha, Mayo-Belwa, Michika, Mubi North, Mubi South, Numan,
Shelleng, Song, Toungo, Yola North, Yola South.
Yola
Akwa Ibom
Abak, Eastern Obolo, Eket, Esit Eket, Essien Udim, Etim Ekpo,
Etinan, Ibeno, Ibesikpo Asutan, Ibiono Ibom, Ika, Ikono, Ikot Abasi, Ikot
Ekpene, Ini, Itu, Mbo, Mkpat Enin, Nsit Atai, Nsit Ibom, Nsit Ubium, Obot Akara,
Okobo, Onna, Oron, Oruk Anam, Udung Uko, Ukanafun, Uruan, Urue-Offong/Oruko,
Uyo.
Uyo
Anambra
Aguata, Anambra East, Anambra West, Anaocha, Awka North, Awka
South, Ayamelum, Dunukofia, Ekwusigo, Idemili North, Idemili south, Ihiala,
Njikoka, Nnewi North, Nnewi South, Ogbaru, Onitsha North, Onitsha South, Orumba
North, Orumba South, Oyi.
Awka
Bauchi
Alkaleri, Bauchi, Bogoro, Damban, Darazo, Dass, Ganjuwa, Giade,
Itas/Gadau, Jama’are, Katagum, Kirfi, Misau, Ningi, Shira, Tafawa-Balewa, Toro,
Warji, Zaki
Bauchi
Bayelsa
Brass, Ekeremor, Kolokuma/Opokuma, Nembe, Ogbia, Sagbama,
Southern Ijaw, Yenegoa.
Yenagoa
Benue
Ado, Agatu, Apa, Buruku, Gboko, Guma, Gwer East, Gwer West,
Katsina-Ala, Konshisha, Kwande, Logo, Makurdi, Obi, Ogbadibo, Oju, Okpokwu,
Ohimini, Oturkpo, Tarka, Ukum, Ushongo, Vandeikya.
Makurdi
Borno
Abadam, Askira/Uba, Bama, Bayo, Biu, Chibok, Damboa, Dikwa,
Gubio, Guzamala, Gwoza, Hawul, Jere, Kaga, Kala/Balge, Konduga, Kukawa, Kwaya
Kusar, Mafa, Magumeri, Maiduguri, Marte, Mobbar, Monguno, Ngala, Nganzai, Shani.
Maiduguri
Cross River
Abi, Akamkpa, Akpabuyo, Bakassi, Bekwara, Biase, Boki,
Calabar-Municipal, Calabar South, Etung, Ikom, Obanliku, Obubra, Obudu,
Odukpani, Ogoja, Yakurr, Yala
Calabar
Delta
Aniocha North, Aniocha South, Bomadi, Burutu, Ethiope East,
Ethiope West, Ika North East, Ika South, Isoko North, Isoko South,
Asaba
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.
Ebonyi
Abakaliki, Afikpo North, Afikpo South, Ebonyi, Ezza North, Ezza
South, Ikwo, Ishielu, Ivo, Izzi, Ohaozara, Ohaukwu, Onicha
Abakaliki
Edo
Akoko-Edo, Egor, Esan Central, Esan North East, Esan South
East, Esan West, Etsako Central, Etsako East, Etsako West, Igueben, Ikpoba-Okha,
Oredo, Orhionmwon, Ovia North East, Ovia South West, Owan East, Owan West,
Uhunmwonde.
Benin City
Ekiti
Ado Ekiti, Aiyekire, Efon, Ekiti East, Ekiti South West, Ekiti
West, Emure, Idosi-Osi, Ijero, Ikere, Ikole, Ilemeji, Irepodun/Ifelodun,
Ise/Orun, Moba, Oye.
Ado Ekiti
Enugu
Aninri, Awgu, Enugu East, Enugu North, Enugu South, Ezeagu,
Igbo-Etiti, Igbo-Eze North, Igbo-Eze South, Isi-Uzo, Nkanu East, Nkanu West,
Nsukka, Oji-River, Udenu, Udi, Uzo-Uwani
Enugu
Gombe
Akko, Balanga, Billiri, Dukku, Funakaye, Gombe, Kaltungo,
Kwami, Nafada, Shomgom, Yamaltu/Deba.
Gombe
Imo
Aboh-Mbaise, Ahiazu-Mbaise, Ehime-Mbano, Ezinihitte, Ideato
North, Ideato South, Ihitte/Uboma, Ikeduru, Isiala Mbano, Isu, Mbaitoli,
Ngor-Okpala, Njaba, Nwangele, Nkwerre, Obowo, Oguta, Ohaji/Egbema, Okigwe, Orlu,
Orsu, Oru East, Oru West, Owerri-Municipal, Owerri North, Owerri West, Unuimo.
Owerri
Jigawa
Auyo, Babura, Birni Kudu, Biriniwa, Buji, Dutse, Gagarawa,
Garki, Gumel, Guri, Gwaram, Gwiwa, Hadejia, Jahun, Kafin Hausa, Kaugama Kazaure,
Kiri Kasamma, Kiyawa, Maigatari, Malam Madori, Miga, Ringim, Roni,
Sule-Tankarkar, Taura, Yankwashi.
Dutse
Kaduna
Birnin-Gwari, Chikun, Giwa, Igabi, Ikara, Jaba, Jema'a, Kachia,
Kaduna North, kaduna South, Kagarko, Kajuru, kauru, Kubau, kudan, Lere, Markafi,
Sabon-Gari, Sanga, Soba, Zango-Kataf, Zaria
Kaduna
Kano
Ajingi, Albasu, Bagwai, Bebeji, Bichi, Bunkure, Dala, Dambatta,
Dawakin Kudu, Dawakin Tofa, Doguwa, Fagge, Gabasawa, Garko, Garum Mallam, Gaya,
Gezawa,Gwale, Gwarzo, Kabo, Kano Municipal, Karaye, Kibiya, Kiru, kumbotso,
Kunchi, Kura, Madobi, Makoda, Minjibir, Nasarawa, Rano, Rimin Gado, Rogo,
Shanono, Sumaila, Takali, Tarauni, Tofa, Tsanyawa, Tudun Wada, Ungogo, Warawa,
Wudil.
Kano
Katsina
Bakori, Batagarawa, Batsari, Baure, Bindawa, Charanchi,
Dandume, Danja, Dan Musa, Daura, Dutsi, Dutsin-Ma, Faskari, Funtua, Ingawa,
Jibia, Kafur, Kaita, Kankara, Kankia, Katsina, Kurfi, Kusada, Mai’Adua,
Malumfashi, Mani, Mashi, Matazuu, Musawa, Rimi, Sabuwa, Safana, Sandamu, Zango.
Katsina
Kebbi
Aleiro, Arewa-Dandi, Argungu, Augie, Bagudo, Birnin Kebbi,
Bunza,
Birnin Kebbi
Dandi, Fakai, Gwandu, Jega, Kalgo, Koko/Besse, Maiyama, Ngaski,
Sakaba, Shanga, Suru, Wasagu/Danko, Yauri, Zuru.
Kogi
Adavi, Ajaokuta, Ankpa, Bassa, Dekina, Ibaji, Idah,
Igalamela-Odolu, Ijumu, Kabba/Bunu, Kogi, Lokoja, Mopa-Muro, Ofu,
Ogori/Mangongo, Okehi, Okene, Olamabolo, Omala, Yagba East, Yagba West.
Lokoja
Kwara
Asa, Baruten, Edu, Ekiti, Ifelodun, Ilorin East, Ilorin West,
Irepodun, Isin, Kaiama, Moro, Offa, Oke-Ero, Oyun, Pategi.
Ilorin
Lagos
Agege, Ajeromi-Ifelodun, Alimosho, Amuwo-Odofin, Apapa,
Badagry, Epe, Eti-Osa, Ibeju/Lekki, Ifako-Ijaye, Ikeja, Ikorodu, Kosofe, Lagos
Island, Lagos Mainland, Mushin, Ojo, Oshodi-Isolo, Shomolu, Surulere.
Ikeja
Nasarawa
Akwanga, Awe, Doma, Karu, Keana, Keffi, Kokona, Lafia,
Nasarawa, Nasarawa-Eggon, Obi, Toto, Wamba.
Lafia
Niger
Agaie, Agwara, Bida, Borgu, Bosso, Chanchaga, Edati, Gbako,
Gurara, Katcha, Kontagora, Lapai, Lavun, Magama, Mariga, Mashegu, Mokwa, Muya,
Pailoro, Rafi, Rijau, Shiroro, Suleja, Tafa, Wushishi.
Minna
Ogun
Abeokuta North, Abeokuta South, Ado-Odo/Ota, Egbado North,
Egbado South, Ewekoro, Ifo, Ijebu East, Ijebu North, Ijebu North East, Ijebu
Ode, Ikenne, Imeko-Afon, Ipokia, Obafemi-Owode, Ogun Waterside, Odeda, Odogbolu,
Remo North, Shagamu.
Abeokuta
Ondo
Akoko North East, Akoko North West,. Akoko South Akure East,
Akoko South West, Akure North, Akure South, Ese-Odo, Idanre, Ifedore, Ilaje,
Ile-Oluji-Okeigbo, Irele, Odigbo, Okitipupa, Ondo East, Ondo West, Ose, Owo.
Akure
Osun
Aiyedade, Aiyedire, Atakumosa East, Atakumosa West, Boluwaduro,
Boripe, Ede North, Ede South, Egbedore, Ejigbo, Ife Central, Ife East, Ife
North, Ife South, Ifedayo, Ifelodun, Ila, Ilesha East, Ilesha West, Irepodun,
Irewole, Isokan, Iwo, Obokun, Odo-Otin, Ola-Oluwa, Olorunda, Oriade, Orolu,
Osogbo.
Oshogbo
Oyo
Afijio, Akinyele, Atiba, Atigbo, Egbeda, Ibadan Central, Ibadan
North, Ibadan North West, Ibadan South East, Ibadan South West, Ibarapa Central,
Ibarapa East, Ibarapa North, Ido, Irepo, Iseyin, Itesiwaju, Iwajowa, Kajola,
Lagelu Ogbomosho North, Ogbmosho South, Ogo Oluwa, Olorunsogo, Oluyole, Ona-Ara,
Orelope, Ori Ire, Oyo East, Oyo West, Saki East, Saki West, Surulere.
Ibadan
Plateau
Barikin Ladi, Bassa, Bokkos, Jos East, Jos North, Jos South,
Kanam, Kanke, Langtang North, Langtang South, Mangu, Mikang, Pankshin, Qua’an
Pan, Riyom, Shendam, Wase.
Jos
Rivers
Abua/Odual, Ahoada East, Ahoada West, Akuku Toru, Andoni,
Asari-Toru, Bonny, Degema, Emohua, Eleme, Etche, Gokana, Ikwerre,
Port-Harcourt
Khana, Obia/Akpor, Ogba/Egbema/Ndoni, Ogu/Bolo, Okrika, Omumma,
Opobo/Nkoro, Oyigbo, Port-Harcourt, Tai.
Sokoto
Binji, Bodinga, Dange-shnsi, Gada, Goronyo, Gudu, Gawabawa,
Illela, Isa, Kware, kebbe, Rabah, Sabon birni, Shagari, Silame, Sokoto North,
Sokoto South, Tambuwal, Tqngaza, Tureta, Wamako, Wurno, Yabo.
Sokoto
Taraba
Ardo-kola, Bali, Donga, Gashaka, Cassol, Ibi, Jalingo,
Karin-Lamido, Kurmi, Lau, Sardauna, Takum. Ussa, Wukari, Yorro, Zing.
Jalingo
Yobe
Bade, Bursari, Damaturu, Fika, Fune, Geidam, Gujba, Gulani,
Jakusko, Karasuwa, Karawa, Machina, Nangere, Nguru Potiskum, Tarmua, Yunusari,
Yusufari.
Damaturu
Zamfara
Anka, Bakura, Birnin Magaji, Bukkuyum, Bungudu, Gummi, Gusau,
Kaura, Namoda, Maradun, Maru, Shinkafi, Talata Mafara. Tsafe, Zurmi.
Gusau
Part II
1. Definition of Federal Capital Territory Abuja.
The definition of the boundaries of the Federal Capital
Territory, Abuja referred to under Chapters 1 and VIII of this Constitution is
as follows:
Starting from the village called Izom on 7oE Longitude and 9o
15 Latitude, project a straight line westward to a point just north of Lehu on
the Kemi River, then project a line along 6 o 47 ½ ‘ E southward passing close
to the villages called Semasu, Zui and Bassa down to a place a little west of
Abaji town; thence project a line along parallel 8o 27 ½ ‘N Latitude to Ahinza
village 7o 6" on Kanama River); thence a straight line to Buga Village on 8o 30
‘N Latitude and 7" 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 Council
Headquarters
Abaji
Abaji
Abuja Municipal
Garki
Bwari
Bwari
Gwagwalada
Gwagwalada
Kuje
Kuje
Kwali
Kwali
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.
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.
Part III
Supplemental and Interpretation
1. Where by this Schedule the National Assembly is required to
designate any matter or thing or to make any declaration, it may do so either by
an Act of the National Assembly or by a resolution passed by both Houses of the
National Assembly.
2. In this Schedule, references to incidental and supplementary
matters include, without prejudice to their generality, references to:
(a) offences;
(b) the jurisdiction, powers, practice and procedure of courts
of law; and
(c) the acquisition and tenure of land.
Third Schedule
Part I
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.
4. The terms and conditions of service of the staff of the Code
of Conduct Bureau shall be the same as those provided for public officers in the
civil service of the Federation.
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.
D - Federal Civil Service Commission
10. The Federal Civil Service Commission shall comprise the
following members -
(a) a Chairman; and
(b) not more than fifteen other members, who shall, in the
opinion of the President, be persons of unquestionable integrity and sound
political judgment.
11. (1) The Commission shall without prejudice to the powers
vested in the President, the National Judicial Council, the Federal Judicial
Service Commission, the National Population Commission and the Police Service
Commission, have power -
(a) to appoint persons to offices in the Federal Civil Service;
and
(b) to dismiss and exercise disciplinary control over persons
holding such offices.
(2) The Commission shall not exercise any of its powers under
sub-paragraph (1) of this paragraph in respect of such offices of heads of
divisions of Ministries or of departments of the government of the Federation as
may, from time to time, be designated by an order made by the President except
after consultation with the Head of the Civil Service of the Federation.
E - Federal Judicial Service Commission
12. The Federal Judicial Service Commission shall comprise the
following members -
(a) the Chief Justice of Nigeria, who shall be the Chairman;
(b) the President of the Court of Appeal;
(c) the Attorney-General of the Federation;
(d) the Chief Judge of the Federal High Court;
(e) two persons, each of whom has been qualified to practice as
a legal practitioner in Nigeria for a period of not less than fifteen years,
from a list of not less than four persons so qualified and recommended by the
Nigerian Bar Association; and
(f) two other persons, not being legal practitioners, who in
the opinion of the President are of unquestionable integrity.
13. The Commission shall have power to -
(a) advise the National Judicial Council in nominating persons
for appointment, as respects appointments to the office of -
(i) the Chief Justice of Nigeria;
(ii) a Justice of the Supreme Court;
(iii) the President of the Court of Appeal;
(iv) a Justice of the Court of Appeal;
(v) the Chief Judge of the Federal High Court;
(vi) a Judge of the Federal High Court; and
(iv) the Chairman and members of the Code of Conduct Tribunal.
(b) recommend to the National Judicial Council, the removal
from office of the judicial officers specified in sub-paragraph (a) of this
paragraph; and
(c) appoint, dismiss and exercise disciplinary control over the
Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of
Appeal, the Federal High Court and all
other members of the staff of the judicial service of the
Federation not otherwise specified in this Constitution and of the Federal
Judicial Service Commission.
F - Independent National Electoral Commission
14. (1) The Independent National Electoral Commission shall
comprise the following members -
(a) a Chairman, who shall be the Chief Electoral Commissioner;
and
(b) twelve other members to be known as National Electoral
Commissioners, who shall be persons of unquestionably integrity and not less
than fifty years and forty years of age, respectively.
(2) There shall be for each State of the Federation and the
Federal Capital Territory, Abuja, a Resident Electoral Commissioner who shall -
(a) be appointed by the President;
(b) be persons of unquestionable integrity;
(c) not be less than forty years of age.
15. The Commission shall have power to -
(a) organise, undertake and supervise all elections to the
offices of the President and Vice-President, the Governor and Deputy Governor of
a State, and to the membership of the Senate, the House of Representatives and
the House of Assembly of each State of the Federation;
(b) register political parties in accordance with the
provisions of this Constitution and an Act of the National Assembly;
(c) monitor the organisation and operation of the political
parties, including their finances;
(d) arrange for the annual examination and auditing of the
funds and accounts of political parties, and publish a report on such
examination and audit for public information;
(e) arrange and conduct the registration of persons qualified
to vote and prepare, maintain and revise the register of voters for the purpose
of any election under this Constitution;
(f) monitor political campaigns and provide rules and
regulations which shall govern the political parties;
(g) ensure that all Electoral Commissioners, Electoral and
Returning Officers take and subscribe the Oath of Office prescribed by law;
(h) delegate any of its powers to any Resident Electoral
Commissioner; and
(i) carry out such other functions as may be conferred upon it
by an Act of the National Assembly.
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.
I - National Judicial Council
20. The National Judicial Council shall comprise the following
members -
(a) the Chief Justice of Nigeria who shall be the Chairman
(b) the next most senior Justice of the Supreme Court who shall
be the Deputy Chairman;
(c) the President of the Court of Appeal;
(d) five retired Justices selected by the Chief Justice of
Nigeria from the Supreme Court or Court of Appeal;
(e) the Chief Judge of the Federal High Court;
(f) five Chief Judges of States to be appointed by the Chief
Justice of Nigeria from among the Chief Judges of the States and of the High
Court of the Federal Capital Territory, Abuja in rotation to serve for two
years;
(g) one Grand Kadi to be appointed by the Chief Justice of
Nigeria from among Grand Kadis of the Sharia Courts of Appeal to serve in
rotation for two years;
(h) one President of the Customary Court of Appeal to be
appointed by the Chief Justice of Nigeria from among the Presidents of the
Customary Courts of Appeal to serve in rotation for two years;
(i) five members of the Nigerian Bar Association who have been
qualified to practice for a period of not less than fifteen years, at least one
of whom shall be a Senior Advocate of Nigeria, appointed by the Chief Justice of
Nigeria on the recommendation of the National Executive Committee of the
Nigerian Bar Association to serve for two years and subject to re-appointment.
Provided that the five members shall sit in the Council only
for the purposes of considering the names of persons for appointment to the
superior courts of record; and
(j) two persons not being legal practitioners, who in the
opinion of the Chief Justice of Nigeria, are of unquestionable integrity.
21. The National Judicial Council shall have power to -
(a) recommend to the President from among the list of persons
submitted to it by -
(i) the Federal Judicial Service Commission, persons for
appointment to the offices of the Chief Justice of Nigeria, the Justices of the
Supreme Court, the President and Justices of the Court of Appeal, the Chief
Judge and Judges of the Federal High Court, and
(ii) the Judicial Service Committee of the Federal Capital
Territory, Abuja, persons for appointment to the offices of the Chief Judge and
Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi
and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja
and the President and Judges of the Customary Court of Appeal of the Federal
Capital Territory, Abuja;
(b) recommend to the President the removal from office of the
judicial officers specified in sub-paragraph (a) of this paragraph and to
exercise disciplinary control over such officers;
(c) recommend to the Governors from among the list of persons
submitted to it by the State Judicial Service Commissions persons for
appointments to the offices of the Chief Judges of the States and Judges of the
High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of
Appeal of the States and the Presidents and Judges of the Customary Courts of
Appeal of the States;
(d) recommend to the Governors the removal from the office of
the judicial officers in sub-paragraph (c) of this paragraph, and to exercise
disciplinary control over such officers.
(e) collect, control and disburse all moneys, capital and
recurrent, for the judiciary;
(f) advise the President and Governors or any matter pertaining
to the judiciary as may be referred to the Council by the President or the
Governors;
(g) appoint, dismiss and exercise disciplinary control over
members and staff of the Council;
(h) control and disburse all monies, capital and recurrent; for
the services of the Council; and
(i) deal with all other matters relating to broad issues of
policy and administration.
22. The Secretary of the Council shall be appointed by the
National Judicial Council on the recommendation of the Federal Judicial Service
Commission and shall be a legal practitioner.
J - National Population Commission
23. The National Population Commission shall comprise the
following members -
(a) a Chairman; and
(b) one person from each State of the Federation and the
Federal Capital Territory, Abuja.
24. The Commission shall have power to -
(a) undertake periodical enumeration of population through
sample surveys, censuses or otherwise;
(b) establish and maintain a machinery for continuous and
universal registration of births and deaths throughout the Federation;
(c) advise the President on population matters;
(d) publish and provide information and data on population for
the purpose of facilitating economic and development planning; and
(e) appoint and train or arrange for the appointment and
training of enumerators or the staff of the Commission.
K - National Security Council
25. The National Security Council shall comprise the following
members -
(a) the President who shall be the Chairman;
(b) the Vice-President who shall be the Deputy Chairman;
(c) the Chief of Defence Staff;
(d) the Minister of the Government of the Federation charged
with the responsibility for internal affairs.
(e) the Minister of the Government of the Federation charged
responsibility for defence;
(f) the Minister of the Government of the Federation charged
with the responsibility for foreign affairs;
(g) the National Security Adviser
(h) the Inspector-General of Police; and
(i) such other persons as the President may in his discretion
appoint.
26. The Council shall have power to advise the President on
matters relating to public security including matters relating to any
organisation or agency established by law for ensuring the security of the
Federation.
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.
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.
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.
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.
Fourth Schedule
Functions of a Local Government Council
Functions of a Local Government Council
1. The main functions of a local government council are as
follows:
(a) the consideration and the making of recommendations to a
State commission on economic
planning or any similar body on -
(i) the economic development of the State, particularly in so
far as the areas of authority of the council and of the State are affected, and
(ii) proposals made by the said commission or body;
(b) collection of rates, radio and television licences;
(c) establishment and maintenance of cemeteries, burial grounds
and homes for the destitute or infirm;
(d) licensing of bicycles, trucks (other than mechanically
propelled trucks), canoes, wheel barrows and carts;
(e) establishment, maintenance and regulation of slaughter
houses, slaughter slabs, markets, motor parks and public conveniences;
(f) construction and maintenance of roads, streets, street
lightings, drains and other public highways, parks, gardens, open spaces, or
such public facilities as may be prescribed from time to time by the House of
Assembly of a State;
(g) naming of roads and streets and numbering of houses;
(h) provision and maintenance of public conveniences, sewage
and refuse disposal;
(i) registration of all births, deaths and marriages;
(j) assessment of privately owned houses or tenements for the
purpose of levying such rates as may be prescribed by the House of Assembly of a
State; and
(k) control and regulation of -
(i) out-door advertising and hoarding,
(ii) movement and keeping of pets of all description,
(iii) shops and kiosks,
(iv) restaurants, bakeries and other places for sale of food to
the public,
(v) laundries, and
(vi) licensing, regulation and control of the sale of liquor.
2. The functions of a local government council shall include
participation of such council in the Government of a State as respects the
following matters -
(a) 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.
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
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.
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.
Seventh Schedule
Oaths
Oaths of Allegiance
1, ………. Do solemnly swear/affirm that I will be faithful and
bear true allegiance to the Federal Republic of Nigeria and that I will
preserve, protect and defend the Constitution of the Federal Republic of Nigeria
So help me God
Oath of Office of President
I, .............. do solemnly swear/affirm that I will be
faithful and bear true allegiance to the Federal Republic of Nigeria; that as
President of the Federal Republic of Nigeria, I will discharge my duties to the
best of my ability, faithfully and in accordance with the Constitution of the
Federal Republic of Nigeria and the law, and always in the interest of the
sovereignty, integrity, solidarity, well-being and prosperity of the Federal
Republic of Nigeria; that I will strive to preserve the Fundamental Objectives
and Directive Principles of State Policy contained in the Constitution of the
Federal Republic of Nigeria; that I will not allow my personal interest to
influence my official conduct or my official decisions; that I will to the best
of my ability preserve, protect and defend the Constitution of the Federal
Republic of Nigeria; that I will abide by the Code of Conduct contained in the
Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in
all circumstances, I will do right to all manner of people, according to law,
without fear or favour, affection or ill-will; that I will not directly or
indirectly communication or reveal to any person any matter which shall be
brought under my consideration or shall become known to me as President of the
Federal Republic of Nigeria, except as may be required for the due discharge of
my duties as President; and that I will devote myself to the service and
well-being of the people of Nigeria. So help me God.
Oath of Office of Governor of a State
I, ......... do solemnly swear/affirm that I will be faithful
and bear true allegiance to the Federal Republic of Nigeria; that as the
Governor of ......... State, I will discharge my duties to the best of my
ability, faithfully and in accordance with the Constitution of the Federal
Republic of Nigeria and the law, and always in the interest of the sovereignty,
integrity, solidarity, well-being and prosperity of the Federal Republic of
Nigeria; that I will strive to preserve the Fundamental Objectives and Directive
Principles of State Policy contained in the Constitution of the Federal Republic
of Nigeria; that I will exercise the authority vested in me as Governor so as
not to impede or prejudice the authority lawfully vested in the President of the
Federal Republic of Nigeria and so as not to endanger the continuance of Federal
Government in Nigeria; that I will not allow my personal interest to influence
my official conduct or my official decisions; that I will to the to the best of
my ability preserve, protect and defend the Constitution of the Federal Republic
of Nigeria; that I will abide by
the Code of Conduct contained in the Fifty Schedule to the
Constitution of the Federal Republic of Nigeria; that in all circumstances, I
will do right to all manner of people, according to law, without fear or favour,
affection or ill-will; that I will not directly or indirectly communicate or
reveal to any person any matter which shall be brought under my consideration or
shall become known to me as Governor of ......... State, except as may be
required for the due discharge of my duties as Governor; and that I will devote
myself to the service and well-being of the people of Nigeria.
So help me God.
Oath of Office of Vice-President, Deputy Governor, Minister,
Commissioner or Special Adviser
I, .......... do solemnly swear/affirm that I will be faithful
and bear true allegiance to the Federal Republic of Nigeria; that as
Vice-President of the Federal Republic of Nigeria/Deputy Governor of .......
State/Minister of the Government of the Federation/Commissioner of the
Government ........ State/Special Adviser to ........, I will discharge my
duties to the best of my ability, faithfully and in accordance with the
Constitution of the Federal Republic of Nigeria and the law, and always in the
interest of the sovereignty, integrity, solidarity, well-being and prosperity of
the Federal Republic of Nigeria; that I will strive to preserve the Fundamental
Objectives and Directive Principles of State Policy contained in the
Constitution of the Federal Republic of Nigeria; that I will not allow my
personal interest to influence my official conduct or my official decisions,
that I will to the best of my ability preserve, protect and defend the
Constitution of the Federal Republic of Nigeria; that I will abide by the Code
of Conduct contained in the Fifth Schedule to the Constitution of the Federal
Republic of Nigeria; that in all circumstances, I will do right to all manner of
people, according to law, without fear or favour, affection or ill-will; that I
will not directly or indirectly communicate or reveal to any person any matter
which shall be brought under my consideration or shall become known to me as
Vice-President of the Federal Republic of Nigeria/Deputy Governor of .....
State/Minister of the Government of the Federation/Commissioner of ......
State/Special Adviser to ......... except as may be required for the due
discharge of my duties as Vice President/Deputy Governor of .......
State/Minister/Commissioner/Special Adviser.
So help me God.
Oath of a Member of the National Assembly or of a House of
Assembly
I, ..... do solemnly swear/affirm that I will be faithful and
bear true allegiance to the Federal Republic of Nigeria; that as a Member of the
Senate/House of Representatives/ ..... House of Assembly, I will perform my
functions honestly to the best of my ability, faithfully and in accordance with
the Constitution of the Federal Republic of Nigeria and the law, and the rules
of the Senate/House of Representatives/ ...... House of Assembly and always in
the interest of the sovereignty, integrity, solidarity, well-being and
prosperity of the Federal Republic of Nigeria; that I will strive to preserve
the Fundamental Objectives and Directive Principles of State Policy contained in
the Constitution of the Federal Republic of Nigeria; and that I will preserve,
protect and defend the Constitution of the Federal Republic of Nigeria; and that
I will abide by the Code of Conduct contained in the Fifth Schedule of the
Constitution of the Federal Republic of Nigeria.
So help me God.
Judicial Oath
I, ...... do solemnly swear/affirm that I will be faithful and
bear true allegiance to the Federal Republic of Nigeria; that as Chief Justice
of Nigeria/Justice of the Supreme Court/President/Justice of the Court of
Appeal/Chief Judge/Judge of the Federal High Corut/Chief Judge/Judge of the High
Court of the Federal Capital Territory, Abuja/Chief Judge of ...... State/Judge
of the High Court of ...... State/Grand Kadi/Kadi of the Sharia Court of Appeal
of the Federal Capital Territory, Abuja/ Grand Kadi/Kadi of the Sharia Court of
Appeal of .... State/President/Judge of the Customary Court of Appeal of the
Federal Capital Territory, Abuja/President/Judge of the Customary Court of
Appeal of ......... State. I will discharge my duties, and perform my functions
honestly, to the best of my ability and faithfully in accordance with the
Constitution of the Federal Republic of Nigeria and the law, that I will abide
by the Code of Conduct contained in the Fifth Schedule to the Constitution of
the Federal Republic of Nigeria; that I will not allow my personal interest to
influence my official conduct or my official decisions; that I will preserve,
protect and defend the Constitution of the Federal Republic of Nigeria
So help me God
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