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Friday, April 1, 2011

THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (1999)

Constitution of the Federal Republic of Nigeria 1999
We the people of the Federal Republic of Nigeria, having firmly and solemnly resolve, to
live in unity and harmony as one indivisible and indissoluble sovereign nation under God,
dedicated to the promotion of inter-African solidarity, world peace, international cooperation
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
PART II . . . . . . Powers of the Federal Republic of Nigeria.
CHAPTER II
FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE
POLICY
o Fundamental Obligations of the Government
o Duties of the Citizen
CHAPTER III
CITIZENSHIP
o Citizenship of various Forms
o Power to make Regulations
CHAPTER IV
FUNDAMENTAL RIGHTS
o Right to Life
o Special Jurisdiction of High Court and Legal Aid
CHAPTER V
THE LEGISLATURE
PART I . . . . . . National Assembly
PART II . . . . . . House of Assembly of a State
CHAPTER VI
THE EXECUTIVE
PART I . . . . . . Federal Executive
PART II . . . . . . State Executive
CHAPTER VII
THE JUDICATURE
PART I . . . . . . Federal Courts
PART II . . . . . . State Courts
PART III . . . . . . Election Tribunals
PART IV . . . . . . Supplemental
CHAPTER VIII
FEDERAL CAPITAL TERRITORY, ABUJA AND GENERAL SUPPLEMENTARY
PROVISIONS
PART I . . . . . . Federal Capital Territory, Abuja
PART II . . . . . . Miscellaneous Provisions
PART III . . . . . . Transitional Provisions and Savings
PART IV . . . . . . Interpretation, Citation and Commencement
SCHEDULES
o First Schedule
o Second Schedule
o Third Schedule
o Fourth Schedule
o Fifth Schedule
o Legislative Powers
CHAPTER I
GENERAL PROVISIONS
Part I
Federal Republic of Nigeria
1.
(1) This Constitution is supreme and its provisions shall have binding force on the
authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any persons or
group of persons take control of the Government of Nigeria or any part thereof,
except in accordance with the provisions of this Constitution.
(3) If any other law is inconsistent with the provisions of this Constitution, this
Constitution shall prevail, and that other law shall, to the extent of the inconsistency,
be void.
2.
(1) Nigeria is one indivisible and indissoluble sovereign state to be known by the
name of the Federal Republic of Nigeria.
(2) Nigeria shall be a Federation consisting of States and a Federal Capital Territory.
3.
(1) There shall be 36 states in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom,
Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti,
Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos,
Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and
Zamfara.
(2) Each state of Nigeria, named in the first column of Part I of the First Schedule to
this Constitution, shall consist of the area shown opposite thereto in the second
column of that Schedule.
(3) The headquarters of the Governor of each State shall be known as the Capital
City of that State as shown in the third column of the said Part I of the First Schedule
opposite the State named in the first column thereof.
(4) The Federal Capital Territory, Abuja, shall be as defined in Part II of the First
Scheduled to this Constitution.
(5) The provisions of this Constitution in Part I of Chapter VIII hereof shall in relation
to the Federal Capital Territory, Abuja, have effect in the manner set out thereunder.
(6) There shall be 768 Local Government Areas in Nigeria as shown in the second
column of Part I of the First Schedule to this Constitution and six area councils as
shown in Part II of that Schedule.
Part II
Powers of the Federal Republic of Nigeria
4.
(1) The legislative powers of the Federal Republic of Nigeria shall be vested in a
National Assembly for the Federation, which shall consist of a Senate and a House of
Representatives.
(2) The National Assembly shall have power to make laws for the peace, order and
good government of the Federation or any part thereof with respect to any matter
included in the Exclusive Legislative List set out in Part I of the Second Schedule to
this Constitution.
(3) The power of the National Assembly to make laws for the peace, order and good
government of the Federation with respect to any matter included in the Exclusive
Legislative List shall, save as otherwise provided in this Constitution, be to the
exclusion of the Houses of Assembly of States.
(4) In addition and without prejudice to the powers conferred by subsection (2) of
this section, the National Assembly shall have power to make laws with respect to
the following matters, that is to say:-
(a) any matter in the Concurrent Legislative List set out in the first column of Part II
of the Second Schedule to this Constitution to the extent prescribed in the second
column opposite thereto; and
(b) any other matter with respect to which it is empowered to make laws in
accordance with the provisions of this Constitution.
(5) If any Law enacted by the House of Assembly of a State is inconsistent with any
law validly made by the National Assembly, the law made by the National Assembly
shall prevail, and that other Law shall, to the extent of the inconsistency, be void.
(6) The legislative powers of a State of the Federation shall be vested in the House of
Assembly of the State.
(7) The House of Assembly of a State shall have power to make laws for the peace,
order and good government of the State or any part thereof with respect to the
following matters, that is to say:-
(a) any matter not included in the Exclusive Legislative List set out in Part I of the
Second Schedule to this Constitution.
(b) any matter included in the Concurrent Legislative List set out in the first column
of Part II of the Second Schedule to this Constitution to the extent prescribed in the
second column opposite thereto; and
(c) any other matter with respect to which it is empowered to make laws in
accordance with the provisions of this Constitution.
(8) Save as otherwise provided by this Constitution, the exercise of legislative
powers by the National Assembly or by a House of Assembly shall be subject to the
jurisdiction of courts of law and of judicial tribunals established by law, and
accordingly, the National Assembly or a House of Assembly shall not enact any law,
that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal
established by law.
(9) Notwithstanding the foregoing provisions of this section, the National Assembly
or a House of Assembly shall not, in relation to any criminal offence whatsoever,
have power to make any law which shall have retrospective effect.
5.
(1) Subject to the provisions of this Constitution, the executive powers of the
Federation:
(a) shall be vested in the President and may subject as aforesaid and to the
provisions of any law made by the National Assembly, be exercised by him either
directly or through the Vice-President and Ministers of the Government of the
Federation or officers in the public service of the Federation; and
(b) shall extend to the execution and maintenance of this Constitution, all laws made
by the National Assembly and to all matters with respect to which the National
Assembly has, for the time being, power to make laws.
(2) Subject to the provisions of this Constitution, the executive powers of a State:
(a) shall be vested in the Governor of that State and may, subject as aforesaid and
to the provisions of any Law made by a House of Assembly, be exercised by him
either directly or through the Deputy Governor and Commissioners of the
Government of that State or officers in the public service of the State; and
(b) shall extend to the execution and maintenance of this Constitution, all laws made
by the House of Assembly of the State and to all matters with respect to which the
House of Assembly has for the time being power to make laws.
(3) The executive powers vested in a State under subsection (2) of this section shall
be so exercised as not to:-
(a) impede or prejudice the exercise of the executive powers of the Federation;
(b) endanger any asset or investment of the Government of the Federation in that
State; or
(c) endanger the continuance of a Federal Government in Nigeria.
(4) Notwithstanding the foregoing provisions of this section:-
(a) the President shall not declare a state of war between the Federation and another
country except with the sanction of a resolution of both Houses of the National
Assembly, sitting in a joint session; and
(b) except with the prior approval of the Senate, no member of the armed forces of
the Federation shall be deployed on combat duty outside Nigeria.
(5) Notwithstanding the provisions of subsection (4) of this section, the President, in
consultation with the National Defence Council, may deploy members of the armed
forces of the Federation on a limited combat duty outside Nigeria if he is satisfied
that the national security is under imminent threat or danger:
Provided that the President shall, within seven days of actual combat engagement,
seek the consent of the Senate and the Senate shall thereafter give or refuse the
said consent within 14 days.
6.
(1) The judicial powers of the Federation shall be vested in the courts to which this
section relates, being courts established for the Federation.
(2) The judicial powers of a State shall be vested in the courts to which this section
relates, being courts established, subject as provided by this Constitution, for a
State.
(3) The courts to which this section relates, established by this Constitution for the
Federation and for the States, specified in subsection (5) (a) to (1) of this section,
shall be the only superior courts of record in Nigeria; and save as otherwise
prescribed by the National Assembly or by the House of Assembly of a State, each
court shall have all the powers of a superior court of record.
(4) Nothing in the foregoing provisions of this section shall be construed as
precluding:-
(a) the National Assembly or any House of Assembly from establishing courts, other
than those to which this section relates, with subordinate jurisdiction to that of a
High Court;
(b) the National Assembly or any House of Assembly, which does not require it, from
abolishing any court which it has power to establish or which it has brought into
being.
(5) This section relates to:-
(a) the Supreme Court of Nigeria;
(b) the Court of Appeal;
(c) the Federal High Court;
(d) the high Court of the Federal Capital Territory, Abuja;
(e) 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;
(f) a Customary Court of Appeal of a State;
(j) such other courts as may be authorised by law to exercise jurisdiction on matters
with respect to which the National Assembly may make laws; and
(k) such other court as may be authorised by law to exercise jurisdiction at first
instance or on appeal on matters with respect to which a House of Assembly may
make laws.
(6) The judicial powers vested in accordance with the foregoing provisions of this
section -
(a) shall extend, notwithstanding anything to the contrary government or authority
and to any persons in Nigeria, and to all actions and proceedings relating thereto, for
the determination of any question as to the civil rights and obligations of that
persons;
(c) shall not except as otherwise provided by this Constitution, extend to any issue
or question as to whether any act of omission by any authority or person or as to
whether any law or any judicial decision is in conformity with the Fundamental
Objectives and Directive Principles of State Policy set out in Chapter II of this
Constitution;
(d) shall not, as from date when this section comes into force, extend to any action
or proceedings relating to any existing law made on or after 15th January, 1966 for
determining any issue or question as to the competence of any authority or person
to make any such law.
(7).
(1) The system of local government by democratically elected local government
councils is under this Constitution guaranteed; and accordingly, the Government of
every State shall, subject to section 8 of this Constitution, ensure their existence
under a Law which provides for the establishment, structure, composition, finance
and functions of such councils.
(2) The person authorised by law to prescribe the area over which a local
government council may exercise authority shall-
(a) define such area as clearly as practicable; and
(b) ensure, to the extent to which it may be reasonably justifiable that in defining
such area regard is paid to -
(i) the common interest of the community in the area;
(ii) traditional association of the community; and
(iii) administrative convenience.
(3) it shall be the duty of a local government council within the State to participate in
economic planning and development of the area referred to in subsection (2) of this
section and to this end an economic planning board shall be established by a Law
enacted by the House of Assembly of the State.
(4) The Government of a State shall ensure that every persons who is entitled to
vote or be voted for at an election to House of Assembly shall have the right to vote
or be voted for at an election to a local government council.
(5) The functions to be conferred by Law upon local government council shall include
those set out in the Fourth Schedule to this Constitution.
(6) Subject to the provisions of this Constitution -
(a) the National Assembly shall make provisions for statutory allocation of public
revenue to local government councils in the Federation; and
(b) the House of Assembly of a State shall make provisions for statutory allocation of
public revenue to local government councils within the State.
(8).
(1) An Act of the National Assembly for the purpose of creating a new State shall
only be passed if-
(a) a request, supported by at least two-thirds majority of members (representing
the area demanding the creation of the new State) in each of the following, namely -
(i) the Senate and the House of Representatives,
(ii) the House of Assembly in respect of the area, and
(iii) the local government councils in respect of the area,
is received by the National Assembly;
(b) a proposal for the creation of the State is thereafter approved in a referendum by
at least two-thirds majority of the people of the area where the demand for creation
of the State originated;
(c) the result of the referendum is then approved by a simple majority of all the
States of the Federation supported by a simple majority of members of the Houses of
Assembly; and
(d) the proposal is approved by a resolution passed by two-thirds majority of
members of each House of the National Assembly.
(2) An Act of the National Assembly for the purpose of boundary adjustment of any
existing State shall only be passed if-
(a) a request for the boundary adjustment, supported by two-thirds majority of
members (representing the area demanding and the area affected by the boundary
adjustment) in each of the following, namely-
(i) the Senate and the House of Representatives,
(ii) the House of Assembly in respect of the area, and
(iii) the local government councils in respect of the area.
is received by the National Assembly; and
(b) a proposal for the boundary adjustment is approved by -
(i) a simple majority of members of each House of the National Assembly, and
(ii) a simple majority of members of the House of Assembly in respect of the area
concerned.
(3) A bill for a Law of a House of Assembly for the purpose of creating a new local
government area shall only be passed if -
(a) a request supported by at least two-thirds majority of members (representing
the area demanding the creation of the new local government area) in each of the
following, namely -
(i) the House of Assembly in respect of the area, and
(ii) the local government councils in respect of the area,
is received by the House of Assembly.
(b) a proposal for the creation of the local government area is thereafter approved in
a referendum by at least two-thirds majority of the people of the local government
area where the demand for the proposed local government area originated;
(c) the result of the referendum is then approved by a simple majority of the
members in each local government council in a majority of all the local government
councils in the State; and
(d) the result of the referendum is approved by a resolution passed by two-thirds
majority of members of the House of Assembly.
(4) A bill for a Law of House of Assembly for the purpose of boundary adjustment of
any existing local government area shall only be passed if-
(a) a request for the boundary adjustment is supported by two-thirds majority of
members (representing the area demanding and the area affected by the boundary
adjustment) in each of the following, namely -
(i) the House of Assembly in respect of the area, and
(ii) the local government council in respect of the area,
is received by the House of Assembly; and
(b) a proposal for the boundary adjustment is approved by a simple majority of
members of the House of Assembly in respect of the area concerned.
(5) An Act of the National Assembly passed in accordance with this section shall
make consequential provisions with respect to the names and headquarters of State
or Local government areas as provided in section 3 of this Constitution and in Parts I
and II of the First Schedule to this Constitution.
(6) For the purpose of enabling the National Assembly to exercise the powers
conferred upon it by subsection (5) of this section, each House of Assembly shall,
after the creation of more local government areas pursuant to subsection (3) of this
section, make adequate returns to each House of the National Assembly
9.
(1) The National Assembly may, subject to the provision of this section, alter any of
the provisions of this Constitution.
(2) An Act of the National Assembly for the altertion of this Constitution, not being
an Act to which section 8 of this Constitution applies, shall not be passed in either
House of the National Assembly unless the proposal is supported by the votes of not
less than two-thirds majority of all the members of that House and approved by
resolution of the Houses of Assembly of not less than two-thirds of all the States.
(3) An Act of the National Assembly for the purpose of altering the provisions of this
section, section 8 or Chapter IV of this Constitution shall not be passed by either
House of the National Assembly unless the proposal is approved by the votes of not
less than four-fifths majority of all the members of each House, and also approved
by resolution of the House of Assembly of not less than two-third of all States.
(4) For the purposes of section 8 of this Constitution and of subsections (2) and (3)
of this section, the number of members of each House of the National Assembly
shall, notwithstanding any vacancy, be deemed to be the number of members
specified in sections 48 and 49 of this Constitution.
Prohibition of State Religion.
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 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 shal 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 layalties.
(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
engange in any economic actitivies 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 proceding
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 sercices; 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 futherance 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 recognized and human dignity shall be
maintained and enhanced;
(c) governmental actions shall be humane;
(d) exploitation of human or natural resources in any form whatesoever for reasons,
other than the good of the community, shall be prevented; and
(e) the independence, impartiality and intergrity 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 employement;
(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.
Educational objectives-
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) Goverment shall strive to eradicate illiteracy; and to this end Government shall
as and when practiable 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.
Duties of the citizen
24. It shall be the duty of every citizen to -
(a) abide by this Constitution, respect its ideals and its insitutitions, 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 wellbeing
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
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 charcater;
(b) he has shown a clear intention of his desire to be domiciled in Nigeria; and
(c) he has taken the Oath of Allegiance presicribed 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
grandparenters 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, unles 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 parmanently,
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;
Senventh schedule.
(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 forteit forthwith his
Nigerian citizenhsip 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 persn 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 effectiv e 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 procedings 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 RIGHTS
33
- (1) Every person has a right to life, and no one shall be deprived intentionally of his
life, save in execution of the sentence of a court in respect of a criminal offence of
which he has been found guilty in Nigeria.
(2) A person shall not be regarded as having been deprived of his life in
contravention of this section, if he dies as a result of the use, to such extent and in
such circumstances as are permitted by law, of such force as is reasonably necessary
-
(a) for the defence of any person from unlawful violence or for the defence of
property:
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained; or
(c) for the purpose of suppressing a riot, insurrection or mutiny.
34.
-(1) Every individual is entitled to respect for the dignity of his person, and
accordingly -
(a) no person shall be subject to torture or to inhuman or degrading treatment;
(b) no person shall he held in slavery or servitude; and
(c) no person shall be required to perform forced of compulsory labour.
(2) for the purposes of subsection (1) (c) of this section, "forced or compulsory
labour" does not include -
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of members of the armed forces of the Federation or the
Nigeria Police Force in pursuance of their duties as such;
(c) in the case of persons who have conscientious objections to service in the armed
forces of the Federation, any labour required instead of such service;
(d) any labour required which is reasonably necessary in the event of any emergency
or calamity threatening the life or well-being of the community; or
(e) any labour or service that forms part of -
(i) normal communal or other civic obligations of the well-being of the community.
(ii) such compulsory national service in the armed forces of the Federation as may be
prescribed by an Act of the National Assembly, or
(iii) such compulsory national service which forms part of the education and training
of citizens of Nigeria as may be prescribed by an Act of the National Assembly.
35
-(1) Every person shall be entitled to his personal liberty and no person shall be
deprived of such liberty save in the following cases and in accordance with a
procedure permitted by law -
(a) in execution of the sentence or order of a court in respect of a criminal offence of
which he has been found guilty;
(b) by reason of his failure to comply with the order of a court or in order to secure
the fulfilment of any obligation imposed upon him by law;
(c) for the purpose of bringing him before a court in execution of the order of a court
or upon reasonable suspicion of his having committed a criminal offence, or to such
extent as may be reasonably necessary to prevent his committing a criminal offence;
(d) in the case of a person who has not attained the age of eighteen years for the
purpose of his education or welfare;
(e) in the case of persons suffering from infectious or contagious disease, persons of
unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of
their care or treatment or the protection of the community; or
(f) for the purpose of preventing the unlawful entry of any person into Nigeria or of
effecting the expulsion, extradition or other lawful removal from Nigeria of any
person or the taking of proceedings relating thereto:
Provided that a person who is charged with an offence and who has been detained in
lawful custody awaiting trial shall not continue to be kept in such detention for a
period longer than the maximum period of imprisonment prescribed for the offence.
(2) Any person who is arrested or detained shall have the right to remain silent or
avoid answering any question until after consultation with a legal practitioner or any
other person of his own choice.
(3) Any person who is arrested or detained shall be informed in writing within
twenty-four hours (and in a language that he understands) of the facts and grounds
for his arrest or detention.
(4) Any person who is arrested or detained in accordance with subsection (1) (c) of
this section shall be brought before a court of law within a reasonable time, and if he
is not tried within a period of -
(a) two months from the date of his arrest or detention in the case of a person who
is in custody or is not entitled to bail; or
(b) three months from the date of his arrest or detention in the case of a person who
has been released on bail,
he shall (without prejudice to any further proceedings that may be brought against
him) be released either unconditionally or upon such conditions as are reasonably
necessary to ensure that he appears for trial at a later date.
(5) In subsection (4) of this section, the expression "a reasonable time" means -
(a) in the case of an arrest or detention in any place where there is a court of
competent jurisdiction within a radius of forty kilometres, a period of one day; and
(b) in any other case, a period of two days or such longer period as in the
circumstances may be considered by the court to be reasonable.
(6) Any person who is unlawfully arrested or detained shall be entitled to
compensation and public apology from the appropriate authority or person; and in
this subsection, "the appropriate authority or person" means an authority or person
specified by law.
(7) Nothing in this section shall be construed -
(a) in relation to subsection (4) of this section, as applying in the case of a person
arrested or detained upon reasonable suspicion of having committed a capital
offence; and
(b) as invalidating any law by reason only that it authorises the detention for a
period not exceeding three months of a member of the armed forces of the
federation or a member of the Nigeria Police Force in execution of a sentence
imposed by an officer of the armed forces of the Federation or of the Nigeria police
force, in respect of an offence punishable by such detention of which he has been
found guilty.
36
(1) In the determination of his civil rights and obligations, including any question or
determination by or against any government or authority, a person shall be entitled
to a fair hearing within a reasonable time by a court or other tribunal established by
law and constituted in such manner as to secure its independence and impartiality.
(2) Without prejudice to the foregoing provisions of this section, a law shall not be
invalidated by reason only that it confers on any government or authority power to
determine questions arising in the administration of a law that affects or may affect
the civil rights and obligations of any person if such law -
(a) provides for an opportunity for the persons whose rights and obligations may be
affected to make representations to the administering authority before that authority
makes the decision affecting that person; and
(b) contains no provision making the determination of the administering authority
final and conclusive.
(3) The proceedings of a court or the proceedings of any tribunal relating to the
matters mentioned in subsection (1) of this section (including the announcement of
the decisions of the court or tribunal) shall be held in public.
(4) Whenever any person is charged with a criminal offence, he shall, unless the
charge is withdrawn, be entitled to a fair hearing in public within a reasonable time
by a court or tribunal:
Provided that -
(a) a court or such a tribunal may exclude from its proceedings persons other than
the parties thereto or their legal practitioners in the interest of defence, public
safety, public order, public morality, the welfare of persons who have not attained
the age of eighteen years, the protection of the private lives of the parties or to such
extent as it may consider necessary by reason of special circumstances in which
publicity would be contrary to the interests of justice;
(b) if in any proceedings before a court or such a tribunal, a Minister of the
Government of the Federation or a commissioner of the government of a State
satisfies the court or tribunal that it would not be in the public interest for any matter
to be publicly disclosed, the court or tribunal shall make arrangements for evidence
relating to that matter to be heard in private and shall take such other action as may
be necessary or expedient to prevent the disclosure of the matter.
(5) Every person who is charged with a criminal offence shall be presumed to be
innocent until he is proved guilty;
Provided that nothing in this section shall invalidate any law by reason only that the
law imposes upon any such person the burden of proving particular facts.
(6) Every person who is charged with a criminal offence shall be entitled to -
(a) be informed promptly in the language that he understands and in detail of the
nature of the offence;
(b) be given adequate time and facilities for the preparation of his defence;
(c) defend himself in person or by legal practitioners of his own choice;
(d) examine, in person or by his legal practitioners, the witnesses called by the
prosection 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 judgment 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:
----------------------------------------------------------------------
Section 40 (MISSING)
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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 possesion 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 soilconservation;
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
Corut 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
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
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 Coinstitution 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 twothirds
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.
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; o r.
(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.
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
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 twentyfour
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.
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.
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B - Establishment of certain Federal Executive Bodies
153. (1) There shall be established for the Federation the following bodies, namely:
(a) Code of Conduct Bureau;
(b) Council of State;
(c) Federal Character Commission;
(d) Federal Civil Service Commission;
(e) Federal Judicial Service Commission;
(f) Independent National Electoral Commission;
(g) National Defence Council;
(h) National Economic Council;
(i) National Judicial Council;
(j) National Population Commission;
(k) National Security Council;
(l) Nigeria Police Council;
(m) Police Service Commission; and
(n) Revenue Mobilisation Allocation and Fiscal Commission.
(2) The composition and powers of each body established by subsection (1) of this section are as contained
in Part 1 of the Third Schedule to this Constitution.
154. (1) Except in the case of ex officio members or where other provisions are made in this Constitution,
the Chairman and members of any of the bodies so established shall, subject to the provisions of this
Constitution, be appointed by the President and the appointment shall be subject to confirmation by the
Senate.
(2) In exercising his powers to appoint a person as Chairman or member of the Council of State or the
National Defence Council or the National Security Council, the President shall not be required to obtain the
confirmation of the Senate.
(3) In exercising his powers to appoint a person as Chairman or member of the Independent National
Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National
Population Commission, the President shall consult the Council of State.
155. (1) A person who is a member of any of the bodies established as aforesaid shall, subject to the
provisions of this Part, remain a member thereof -
(a) in the case of an ex officio member, whilst he holds the office by virtue of which he is a member of the
body;
(b) in the case of a person who is a member by virtue of his having previously held an office, for the
duration of his life; and
(c) in the case of a person who is a member otherwise than as ex officio member or otherwise than by
virtue of his having previously held an office, for a period of five years from the date of his appointment.
(2) A member of any of the bodies shall cease to be member if any circumstances arise that, if he were not
a member of the body, would cause him to be disqualified for appointment as such a member.
156. (1) No person shall be qualified for appointment as a member of any of the bodies aforesaid if -
(a) he is not qualified or if he is disqualified for election as a member of the House of Representatives;
(b) within the preceding ten years, he has been removed as a member of any of the bodies or as the holder
of any other office on the ground of misconduct.
(2) any person employed in the public service of the Federation shall not be disqualified for appointment as
Chairman or member of any of such bodies:
Provided that where such person has been duly appointed he shall, on his appointment, be deemed to have
resign his former office as from the date of the appointment.
(3) No person shall be qualified for appointment to any of the bodies aforesaid if, having previously been
appointed as a member otherwise than as an ex officio member of that body, he has been re-appointed for a
further term as a member of the same body.
157. (1) Subject to the provisions of subsection (3) of this section, a person holding any of the offices to
which this section applies may only be removed from that office by the President acting on an address
supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the
functions of the office (whether arising from infirmity of mind or body or any other cause) or for
misconduct.
(2) This section applies to the offices of the Chairman and members of the Code of Conduct Bureau, the
Federal Civil Service Commission, the Independent National Electoral Commission, the National Judicial
Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police
Council, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal
Commission and the Police Service Commission.
(3) All members of the National Population Commission shall cease to be members if the President
declares a National Census Report as unreliable and the report is rejected in accordance with section 213 of
this Constitution.
158. (1) In exercising its power to make appointments or to exercise disciplinary control over persons, the
Code of Conduct Bureau, the National Judicial Council, the Federal Civil Service Commission, the Federal
Judicial Service Commission, the Revenue Mobilisation and Fiscal Commission, the Federal Character
Commission, and the Independent National Electoral Commission shall not be subject to the direction or
control of any other authority or person.
(2) The National Population Commission shall not be subject to the direction or control of any other
authority or person:-
(a) in appointing, training or arranging for the training of enumerators or other staff of the Commission to
assist it in the conduct of any population census;
(b) in deciding whether or not to accept or revise the return of any officer of the said Commission
concerning the population census in any area or part of the Federation;
(c) in carrying out the operation of conducting the census; and
(d) in compiling its report of a national census for publication.
159. (1) The quorum for a meeting of any of the bodies established by section 153 of this Constitution shall
be not less than one-third of the total number of members of that body at the date of the meeting.
(2) A member of such a body shall be entitled to one vote, and a decision of the meeting may be taken and
any act or thing may be done in the name of that body by a majority of the members present at the meeting.
(3) Whenever such body is assembled for a meeting, the Chairman or other person presiding shall, in all
matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as
well as a deliberative vote.
(4) Subject to its rules of procedure, any such body may act or take part in any decision notwithstanding
any vacancy in its membership or the absence of any member.
160. (1) Subject to subsection (2) of this section, any of the bodies may, with the approval of the President,
by rules or otherwise regulate its own procedure or confer powers and impose duties on any officer or
authority for the purpose of discharging its functions.
(2) In the exercise of any powers under subsection (1) of this section, any such body shall not confer
powers or impose duties on any officer or authorities of a State except with the approval of the Governor of
the State.
The President, upon the receipt of advice from the Revenue Mobilisation Allocation and Fiscal
Commission, shall table before the National Assembly proposals for revenue allocation from the Federation
Account, and in determining the formula, the National Assembly shall take into account, the allocation
principles especially those of population, equality of States, internal revenue generation, land mass, terrain
as well as population density.`
161. In this Part of this Chapter, unless the context otherwise requires -
(a) any reference to "ex officio member" shall be construed as a reference to a person who is a member by
virtue of his holding or performing, the functions of an office in the public service of the Federation;
(b) "office" means an office in the public service of the Federation;
(c) any reference to "member" of a body established by section 153 of this Constitution shall be construed
as including a reference to the Chairman of that body; and
(d) "misconduct" means a breach of the Oath of Allegiance or oath of office of a member or a breach of the
provisions of this Constitution or bribery or corruption or false declaration of assets and liabilities or
conviction for treason or treasonable felony.
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C - Public Revenue
162. (1) The Federation shall maintain a special account to be called "the Federation Account" into which
shall be paid all revenues collected by the Government of the Federation, except the proceeds from the
personal income tax of the personnel of the armed forces of the Federation, the Nigeria Police Force, the
Ministry or department of government charged with responsibility for Foreign Affairs and the residents of
the Federal Capital Territory, Abuja.
(2) The President, upon the receipt of advice from the Revenue Mobilisation Allocation and Fiscal
Commission, shall table before the National Assembly proposals for revenue allocation from the Federation
Account, and in determining the formula, the National Assembly shall take into account, the allocation
principles especially those of population, equality of States, internal revenue generation, land mass, terrain
as well as population density;
Provided that the principle of derivation shall be constantly reflected in any approved formula as being not
less than thirteen per cent of the revenue accruing to the Federation Account directly from any natural
resources.
(3) Any amount standing to the credit of the Federation Account shall be distributed among the Federal and
State Governments and the local government councils in each State on such terms and in such manner as
may be prescribed by the National Assembly.
(4) Any amount standing to the credit of the States in the Federation Account shall be distributed among
the States on such terms and in such manner as may be prescribed by the National Assembly.
(5) The amount standing to the credit of local government councils in the Federation Account shall also be
allocated to the State for the benefit of their local government councils on such terms and in such manner as
may be prescribed by the National Assembly.
(6) Each State shall maintain a special account to be called "State Joint Local Government Account" into
which shall be paid all allocations to the local government councils of the State from the Federation
Account and from the Government of the State.
(7) Each State shall pay to local government councils in its area of jurisdiction such proportion of its total
revenue on such terms and in such manner as may be prescribed by the National Assembly.
(8) The amount standing to the credit of local government councils of a State shall be distributed among the
local government councils of that State on such terms and in such manner as may be prescribed by the
House of Assembly of the State.
(9) Any amount standing to the credit of the judiciary in the Federation Account shall be paid directly to the
National Judicial Councils for disbursement to the heads of courts established for the Federation and the
States under section 6 of this Constitution.
(10) For the purpose of subsection (1) of this section, "revenue" means any income or return accruing to or
derived by the Government of the Federation from any source and includes -
(a) any receipt, however described, arising from the operation of any law;
(b) any return, however described, arising from or in respect of any property held by the Government of the
Federation;
(c) any return by way of interest on loans and dividends in respect of shares or interest held by the
Government of the Federation in any company or statutory body.
163. Where under an Act of the National Assembly, tax or duty is imposed in respect of any of the matters
specified in item D of Part II of the Second Schedule to this Constitution, the net proceeds of such tax or
duty shall be distributed among the States on the basis of derivation and accordingly -
(a) where such tax or duty is collected by the Government of a State or other authority of the State, the net
proceeds shall be treated as part of the Consolidated Revenue Fund of that State;
(b) where such tax or duty is collected by the Government of the Federation or other authority of the
Federation, there shall be paid to each State at such times as the National Assembly may prescribe a sum
equal to the proportion of the net proceeds of such tax or duty that are derived from that State.
164. (1) The Federation may make grants to a State to supplement the revenue of that State in such sum and
subject to such terms and conditions as may be prescribed by the National Assembly.
(2) The Federation may make external grants to a foreign State or any international body in furtherance of
the foreign policy objectives of Nigeria in such sum and subject to such terms and conditions as may be
prescribed by the National Assembly.
165. Each State shall, in respect of each financial year, pay to the Federation an amount equal to such part
of the expenditure incurred by the Federation during that financial year for the purpose of collection of
taxes or duties which are wholly or partly payable to the State pursuant to the provisions of this Part of this
Chapter or of any Act of the National Assembly as is proportionate to the share of the proceeds of those
taxes or duties received by the State in respect of that financial year.
166. (1) Any payment that is required by this Part of this Chapter to be made by the Federation to a State
may be set-off by the Federation in or towards payment of any sum that is due from that State to the
Federation in respect of any loan made by the Federation to that State.
(2) The right of set-off conferred by subsection (1) of this section shall be without prejudice to any other
right of the Federation to obtain payment of any sum due to the Federation in respect of any loan.
167. Any payment that is required by this Part of this Chapter to be made by the Federation to a State shall
be a charge upon the Consolidated Revenue Fund of the Federation and any payment that is so required to
be made by a State to the Federation shall be a charge upon the Consolidated Revenue Fund of that State.
189. (1) Where any payment falls to be made under this Part of this Chapter, the amount payable shall be
certified by the Auditor-General for the Federation;
Provided that a provisional payment may be made before the Auditor-General has given his certificate.
(2) The National Assembly may prescribe the time at and manner in which any payment falling to be made
under this Part of this Chapter shall be effected and provide for the making of adjustments and provisional
payment.
D - The Public Service of the Federation
169. There shall be a civil service of the Federation.
170. Subject to the provisions of this Constitution, the Federal Civil Service Commission may, with the
approval of the President and subject to such conditions as it may deem fit, delegate any of the powers
conferred upon it by this Constitution to any of its members or to any officer in the civil service of the
Federation.
171. (1) Power to appoint persons to hold or act in the offices to which this section applies and to remove
persons so appointed from any such office shall vest in the President.
(2) The offices to which this section applies are, namely -
(a) Secretary to the Government of the Federation;
(b) Head of the Civil Service of the Federation;
(c) Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;
(d) Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Government
of the Federation howsoever designated; and
(e) any office on the personal staff of the President.
(3) An appointment to the office of the Head of the Civil Service of the Federation shall not be made except
from among Permanent Secretaries or equivalent rank in the civil service of the Federation or of a State.
(4) An appointment to the office of Ambassador, High Commissioner or other Principal Representative of
Nigeria abroad shall not have effect unless the appointment is confirmed by the Senate.
(5) In exercising his powers of appointment under this section, the President shall have regard to the federal
character of Nigeria and the need to promote national unity.
(6) Any appointment made pursuant to paragraphs (a) and (e) of subsection (2) of this section shall be at the
pleasure of the President and shall cease when the President ceases to hold office;
Provided that where a person has been appointed from a public service of the Federation or a State, he shall
be entitled to return to the public service of the Federation or of the State when the President ceases to hold
office.
172. A person in the public service of the Federation shall observe and conform to the Code of Conduct.
173. (1) Subject to the provisions of this Constitution, the right of a person in the public service of the
Federation to receive pension or gratuity shall be regulated by law.
(2) Any benefit to which a person is entitled in accordance with or under such law as is referred to in
subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is
permissible under any law, including the Code of Conduct.
(3) Pensions shall be reviewed every five years or together with any Federal civil service salary reviews,
whichever is earlier.
(4) Pensions in respect of service in the public service of the Federation shall not be taxed.
174. (1) The Attorney-General of the Federation shall have power -
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria,
other than a court-martial, in respect of any offence created by or under any Act of the National Assembly;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other
authority or person; and
(c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or
undertaken by him or any other authority or person.
(2) The powers conferred upon the Attorney-General of the Federation under subsection (1) of this section
may be exercised by him in person or through officers of his department.
(3) In exercising his powers under this section, the Attorney-General of the Federation shall have regard to
the public interest, the interest of justice and the need to prevent abuse of legal process.
175. (1) The President may -
(a) grant any person concerned with or convicted of any offence created by an Act of the National
Assembly a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either for an indefinite or for a specified period, of the execution of any
punishment imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any punishment imposed on that person for such an
offence; or
(d) remit the whole or any part of any punishment imposed on that person for such an offence or of any
penalty or forfeiture otherwise due to the State on account of such an offence.
(2) The powers of the President under subsection (1) of this section shall be exercised by him after
consultation with the Council of State.
(3) The President, acting in accordance with the advice of the Council of State, may exercise his powers
under subsection (1) of this section in relation to persons concerned with offences against the army, naval
or air-force law or convicted or sentenced by a court-martial.
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Part II
State Executive
A - Governor of a State
176. (1) There shall be for each State of the Federation a Governor.
(2) The governor of a shall be the Chief Executive of that state
177. A person shall be qualified for election to the office of Governor of a State if
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of thirty-five years;
(c) he is a member of a political party and is sponsored by that political party; and
(d) he has been educated up to at least School Certificate level or its equivalent.
178. (1) An election to the office of Governor of a State shall be held on a date to be appointed by the
Independent National Electoral Commission.
(2) An election to the office of Governor of a State shall be held on a date not earlier than sixty days and
not later than thirty days before the expiration of the term of office of the last holder of that office.
(3) Where in an election to the office of Governor of a State one of the two or more candidates nominated
for the election is the only candidate after the close of nomination, by reason of the disqualification,
withdrawal, incapacitation, disappearance or death of the other candidates, the Independent National
Electoral Commission shall extend the time for nomination.
(4) For the purpose of an election under this section a State shall be regarded as one constituency.
(5) Every person who is registered to vote at an election of a member of a legislative house shall be entitled
to vote at an election to the office of Governor of a State.
179. (1) A candidate for an election to the office of Governor of a State shall be deemed to have been duly
elected to such office where, being the only candidate nominated for the election-
(a) he has a majority of YES votes over NO votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the
local government areas in the State,
but where the only candidate fails to be elected in accordance with this subsection, then there shall be fresh
nominations.
(2) A candidate for an election to the office of Governor of a State shall be deemed to have been duly
elected where, there being two or more candidates -
(a) he has the highest number of votes cast at the election; and
(b) he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local
government areas in the State.
(3) In default of a candidate duly elected in accordance with subsection (2) of this section there shall be a
second election in accordance with subsection (4) of this section at which the only candidates shall be -
(a) the candidate who secured the highest number of votes cast at the election; and
(b) one among the remaining candidates who secured a majority of votes in the highest number of local
government areas in the State, so however that where there are more than one candidate with a majority of
votes in the highest number of local government areas, the candidate among them with the next highest
total of votes cast at the election shall be the second candidate.
(4) In default of a candidate duly elected under subsection (2) of this section, the Independent National
Electoral Commission shall within seven days of the result of the election held under that subsection,
arrange for an election between the two candidates and a candidate at such election shall be deemed to have
been duly elected to the office of Governor of a State if -
(a) he has a majority of the votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the
local government areas in the State.
(5) In default of a candidate duly elected under subsection (4) of this section, the Independent National
Electoral Commission shall within seven days of the result of the election held under that subsection,
arrange for another election between the two candidates to which that sub-paragraph relates and a candidate
at such election shall be deemed to have been duly elected to the office of governor of a State if he has a
majority of the votes cast at the election.
180. (1) subject to the provisions of this Constitution, a person shall hold the office of Governor of a State
until -
(a) When his successor in office takes the oath of that office; or
(b) he dies whilst holding such office; or
(c) the date when his resignation from office takes effect; or
(d) he otherwise ceases to hold office in accordance with the provisions of this constitution.
(2) Subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the
expiration of period of four years commencing from the date when -
(a) in the case of a person first elected as Governor under this Constitution, he took the Oath of Allegiance
and oath of office; and
(b) the person last elected to that office took the Oath of Allegiance and oath of office or would, but for his
death, have taken such oaths.
(3) If the Federation is at war in which the territory of Nigeria is physically involved and the President
considers that it is not practicable to hold elections, the National Assembly may be resolution extend the
period of four years mentioned in subsection (2) of this section from time to time, but no such extension
shall exceed a period of six months at any one time.
181. (1) If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and
oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy
governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be
appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.
(2) Where the persons duly elected as Governor and Deputy Governor of a State die or are for any reason
unable to assume office before the inauguration of the house of Assembly, the Independent National
Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the
State.
182. (1) No person shall be qualified for election to the office of Governor of a State if -
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of
a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he
has made a declaration of allegiance to such other country; or
(b) he has been elected to such office at any two previous elections; or
(c) under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of
unsound mind; or
(d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a
sentence of imprisonment for any offence involving dishonesty or fraud (by whatever name called) or any
other offence imposed on him by any court or tribunal or substituted by a competent authority for any other
sentence imposed on him by such a court or tribunal; or
(e) within a period of less than ten years before the date of election to the office of Governor of a State he
has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the
contravention of the code of Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in
force in Nigeria; or
(g) being a person employed in the public service of the Federation or of any State, he has not resigned,
withdrawn or retired from the employment at least thirty days to the date of the election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an
Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by
the Federal or State Government; or
(j) he has presented a forged certificate to the independent National Electoral Commission.
(2) Where in respect of any person who has been
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced or declared bankrupt,
(d) adjudged or declared bankrupt,
an appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria,
subsection (1) of this section shall not apply during a period beginning from the date when such appeal is
lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal
lapses or is abandoned, whichever is earlier.
183. The governor shall not, during the period when he holds office, hold any other executive office or paid
employment in any capacity whatsoever.
184. The National Assembly shall make provisions in respect of -
(a) persons who may apply to an election tribunal for the determination of any question as to whether
(i) any person has been validly elected to the office of Governor or Deputy Governor,
(ii) the term of office of a Governor or Deputy Governor has ceased, or
(iii) the office of Deputy Governor has become vacant;
(b) circumstances and manner in which, and the conditions upon which such application may be made; and
(c) powers, practice and procedure of the election tribunal in relation to any such application.
185. (1) A person elected to the office of the Governor of a State shall not begin to perform the functions of
that until he has declared his assets and liabilities as prescribed in the Constitution and has subsequently
taken and subscribed the Oath of Allegiance and oath of office prescribed in the Seventh Schedule to this
Constitution.
(2) The Oath of Allegiance and the oath of office shall be administered by the Chief Judge of the State or
Grand Kadi of the Sharia Court of Appeal of the State, if any or President of the Customary Court of
Appeal of the State, if any, or the person for the time being respectively appointed to exercise the functions
of any of those offices in any State.
186. There shall be for each State of the Federation a Deputy Governor.
187. (1) In any election to which the foregoing provisions of this part of this Chapter relate a candidate for
the office of Governor of a State shall not be deemed to have been validly nominated for such office unless
he nominates another candidate as his associate for his running for the office of Governor, who is to occupy
the office of Deputy Governor; and that candidate shall be deemed to have been duly elected to the office
of Deputy Governor if the candidate who nominated him is duly elected as Governor in accordance with
the said provisions.
(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office,
disqualifications, declaration of assets and liabilities and Oath of Governor shall apply in relation to the
office of Deputy Governor as if references to Governor were references to Deputy Governor.
188. (1) The Governor or Deputy Governor of a state may Removal of Governor be removed from office in
accordance with the provisions or Deputy Governor of this section. from office.
(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the
House of Assembly.
(b) stating that the holder of such office is guilty of gross misconduct in the performance of the functions of
his office, detailed particulars of which shall be specified.
the speaker of the House of Assembly shall, within seven days of the receipt of the notice, cause a copy of
the notice to be served on the holder of the office and on each member of the House of Assembly, and shall
also cause any statement made in reply to the allegation by the holder of the office, to be served on each
member of the House of Assembly.
(3) Within fourteen days of the presentation of the notice to the speaker of the House of Assembly (whether
or not any statement was made by the holder of the office in reply to the allegation contained in the notice-,
the House of Assembly shall resolve by motion, without any debate whether or not the allegation shall be
investigated.
(4) A motion of the House of Assembly that the allegation be investigated shall not be declared as having
been passed unless it is supported by the votes of not less than two-thirds majority of all the members of the
House of Assembly.
(5) Within seven days of the passing of a motion under the foregoing provisions of this section, the Chief
judge of the State shall at the request of the speaker of the House of Assembly, appoint a Panel of seven
persons who in his opinion are of unquestionable integrity, not being members of any public service,
legislative house or political party, to investigate the allegation as provided in this section.
(6) The holder of an office whose conduct is being investigated under this section shall have the right to
defend himself in person or be represented before the panel by a legal practitioner of his own choice.
(7) A Panel appointed under this section shall -
(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by
the House of Assembly; and
(b) within three months of its appointment, report its findings to the House of Assembly.
(8) Where the Panel reports to the House of Assembly that the allegation has not been proved, no further
proceedings shall be taken in respect of the matter.
(9) Where the report of the Panel is that the allegation against the holder of the office has been proved, then
within fourteen days of the receipt of the report, the house of Assembly shall consider the report, and if by
a resolution of the House of Assembly supported by not less than two-thirds majority of all its members,
the report of the Panel is adopted, then the holder of the office shall stand removed form office as from the
date of the adoption of the report.
(10) No proceedings or determination of the Panel or of the House of Assembly or any matter relating to
such proceedings or determination shall be entertained or questioned in any court.
(11) In this section -
"gross misconduct" means a grave violation or breach of the provisions of this Constitution or a misconduct
of such nature as amounts in the opinion in the House of Assembly to gross misconduct.
189. (1) The Governor or Deputy Governor of a State shall cease to hold office if
(a) by a resolution passed by two-thirds majority of all members of the executive council of the State, it is
declared that the Governor or Deputy Governor is incapable of discharging the functions of his office; and
(b) the declaration in paragraph (a) of this subsection is verified, after such medical examination as may be
necessary, by a medical panel established under subsection (4) of this section in its report to the speaker of
the House of Assembly.
(2) Where the medical panel certifies in its report that in its opinion the Governor or Deputy Governor is
suffering from such infirmity of body or mind as renders him permanently incapable of discharging the
functions of his office, a notice thereof signed by the Speaker of the House of Assembly shall be published
in the Official Gazette of the Government of the State.
(3) The Governor or Deputy Governor shall cease to hold office as from the date of publication of the
notice of the medical report pursuant to subsection (2) of this section.
(4) The medical panel to which this section relates shall be appointed by the Speaker of the House of
Assembly of the State, and shall comprise five medical practitioners in Nigeria -
(a) one of whom shall be the personal physician of the holder of the office concerned; and
(b) four other medical practitioners who have, in the opinion of the Speaker of the House of Assembly,
attained a high degree of eminence in the field of medicine relative to the nature of the examination to be
conducted in accordance with the foregoing provisions of this section.
(5) In this section, the reference to "executive council of the State" is a reference to the body of
Commissioners of the Government of the State, howsoever called, established by the Governor and charged
with such responsibilities for the functions of Government as the Governor may direct.
190. Whenever the Governor transmits to the Speaker of the House of Assembly a written declaration that
he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he
transmits to the Speaker of the House of Assembly a written declaration to the contrary such functions shall
be discharged by the Deputy Governor as Acting Governor.
191. (1) The Deputy Governor of a State shall hold the office of Governor of the State if the office of
Governor becomes vacant by reason of death, resignation, impeachment, permanent incapacity or removal
of the governor from office for any other reason in accordance with section 188 or 189 of this constitution.
(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a
period when the office of Deputy Governor of the State is also vacant, the Speaker of the House of
Assembly of the State shall hold the office of Governor of the State for a period of not more than three
months, during which there shall be an election of a new Governor of the State who shall hold office for the
unexpired term of office of the last holder of the office.
(3) Where the office of the Deputy Governor becomes vacant -
(a) by reason of death, resignation, impeachment, permanent incapacity or removal in accordance with
section 188 or 189 of this Constitution;
(b) by his assumption of the office of Governor of a State in accordance with subsection (1) of this section;
or
(c) for any other reason, the Governor shall nominate and with the approval of the House of Assembly of
the State, appoint a new Deputy Governor.
192. (1) There shall be such offices of Commissioners of the Government of a State as may be established
by the Governor of the State
(2) Any appointment to the office of Commissioner of the Government of a State shall, if the nomination of
any person to such office is confirmed by the House of Assembly of the State, be made by the Governor of
that State and in making any such appointment the Governor shall conform with the provisions of section
14(4) of this Constitution.
(3) Where a member of a House of Assembly or of the National Assembly is appointed as Commissioner of
the Government of a State, he shall be deemed to have resigned his membership of the House of Assembly
or of the National Assembly on his taking the Oath of office as Commissioner.
(4) No person shall be appointed as a Commissioner of the Government of a State unless he is qualified for
election as a member of the House of Assembly of the State.
(5) An appointment to the office of Commissioner under this section shall be deemed to have been made
where no return has been received from the House of Assembly within twenty-one working days of the
receipt of nomination, by the House of Assembly.
193. (1) The Governor of a State may, in his discretion, assign to the Deputy Governor or any
Commissioner of the Government of the State responsibility for any business of the Government of that
State, including the administration of any department of Government.
(2) The Governor of a State shall hold regular meetings with the Deputy Governor and all Commissioners
of the Government of the State for the purposes of -
(a) determining the general direction of the policies of the Government of the State;
(b) co-ordinating the activities of the Governor, the Deputy Governor and the Commissioners of the
Government of the State in the discharge of their executive responsibilities; and
(c) advising the Governor generally in the discharge of his executive functions, other than those functions
with respect to which he is required by this Constitution to seek the advice or act on the recommendation of
any other person or body.
194. A Commissioner of the Government of a State shall not enter upon the duties of his office unless he
has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and
subscribed the oath of Allegiance and the oath for the due execution of the duties of his office prescribed in
the Seventh Schedule to this Constitution.
195. (1) There shall be an Attorney-General for each State who shall be the Chief Law Officer of the State
and Commissioner for Justice of the Government of that State.
(2) A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of
a State unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for not
less than ten years.
196. (1) The Governor of a State may appoint any person as a Special Adviser to assist him in the
performance of his functions.
(2) The number of such Advisers and their remuneration and allowances shall be as prescribed by law or by
resolution of the House of Assembly of the State.
(3) Any appointment made pursuant to the provisions of this section shall be at the pleasure of the
Governor, and shall cease when the Governor ceases to hold office.
(4) A person appointed as a Special Adviser under subsection (1) of this section shall not begin to perform
the functions of the office unless he has declared his assets and liabilities as prescribed in this Constitution
and has subsequently taken and subscribed the Oath of Allegiance and the oath of office prescribed in the
Seventh Schedule to this Constitution.
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B - Establishment of Certain State Executive Bodies
197. (1) There shall be established for each State of the Federation the following bodies, namely -
(a) State Civil Service Commission;
(b) State Independent Electoral Commission; and
(c) State Judicial Service Commission.
(2) The composition and powers of each body established by subsection (1) of this section are as set out in
Part II of the Third Schedule to this Constitution.
(3) In appointing Chairmen and members of boards and governing bodies of statutory corporations and
companies in which the Government of the State has controlling shares or interests and councils of
Universities, Colleges and other institutions of higher learning, the Governor shall conform with the
provisions of section 14(4) of this Constitution.
198. Except in the case of ex-officio members or where other provisions are made in this Constitution, the
Chairman and members of any of the bodies so established shall, subject to the provisions of this
Constitution, be appointed by the Governor of the State and the appointment shall be subject to
confirmation by a resolution of the House of Assembly of the State.
199. (1) A person who is a member of any of the bodies established as aforesaid shall, subject to the
provisions of this Part, remain a member thereof -
(a) in the case of an ex-officio member, whilst he holds the office by virtue of which he is a member of the
body;
(b) in the case of a person who is a member by virtue of his having previously held an office, for the
duration of his life; and
(c) in the case of a person who is a member otherwise than as an ex-officio member or otherwise than by
virtue of his having previously held an office, for a period of five years from the date of his appointment.
(2) A member of any of the bodies shall cease to be a member if any circumstances arise that, if he were
not a member of the body, would cause him to be disqualified for appointment as such a member.
200. (1) No person shall be qualified for appointment as a member of any of the bodies aforesaid if -
(a) he is not qualified or if he is disqualified for election as a member of a House of Assembly;
(b) he has within the preceding ten years, been removed as a member of any of the bodies or as the holder
of any other office on the ground of misconduct.
(2) Any person employed in the public service of a State shall not be disqualified for appointment as
Chairman or member of any of such bodies provided that where such a person has been duly appointed, he
shall on his appointment be deemed to have resigned his former office as from the date of the appointment.
(3) No person shall be qualified for appointment to any of the bodies aforesaid, if, having previously been
appointed as a member otherwise than as an ex officio member of that body, he has been re-appointed for a
further term as a member of the same body.
201. (1) Any person holding any of the offices to which this section applies shall only be removed from
that office by the Governor of that State acting on an address supported by two-thirds majority of the House
of Assembly of the State praying that he be so removed for inability to discharge the functions of the office
(whether arising from infirmity of mind or body or any other cause) or for misconduct.
(2) This section applies to the Offices of the Chairman and members of the State Civil Service
Commission, the State Independent Electoral Commission and the State Judicial Service Commission.
202. In exercising its power to make appointments or to exercise disciplinary control over persons the State
Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service
Commission shall not be subject to the direction and control of any other authority or person.
203. (1) The quorum for a meeting of any of the bodies established by section 197 of this Constitution shall
not be less than one-third of the total number of members of that body at the date of the meeting.
(2) A member of such a body shall be entitled to one vote and a decision of the meeting may be taken and
any act or thing may be done in the name of that body by a majority of the members present at a meeting.
(3) Whenever such bodies is assembled for a meeting, the Chairman or other person presiding shall, in all
matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as
well as a deliberative vote.
(4) Subject to its rules of procedure, any such body may act or take any decision notwithstanding any
vacancy in its membership or the absence of any member.
204. (1) Subject to subsection (2) of this section, any of the bodies may, with the approval of the Governor,
by rules or otherwise regulate its own procedure or confer powers or impose duties on any officer or
authority for the purpose of discharging its functions.
(2) In the exercise of any powers under subsection (1) of this section any such body shall not confer powers
or impose duties on any officer or authority of the Federation except with the approval of the President.
205. In this Part of this Chapter, unless the context otherwise requires:-
(a) any reference to ex officio member shall be construed as a reference to a person who is a member by
virtue of his holding or performing the functions of an office in the public service of a State;
(b) office means an office in the public service of a State;
(c) any reference to member of any of the bodies established by section 197 of this Constitution shall be
construed as including a reference, to the Chairman of that body; and
(d) misconduct means breach of the Oath of Allegiance or oath of office of a member or a breach of the
provisions of this Constitution or bribery or corruption or false declaration of assets and liabilities or
conviction for treason or treasonable felony.
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C - The Public Service of a State
206. There shall be for each State of the Federation a Civil Service.
207. Subject to the provisions of this Constitution, a State Civil Service Commission may, with the
approval of the Governor and subject to such conditions as it may deem fit, delegate any of the powers
conferred upon it by this Constitution to any of its members or to any officer in the civil service of the
State.
208. (1) Power to appoint persons to hold or act in the offices to which this section applies and to remove
persons so appointed from any such office shall vest in the Governor of the State.
(2) The offices to which this section applies are, namely -
(a) Secretary to the Government of the State;
(b) Head of the Civil Service of the State;
(c) Permanent Secretary or other chief executive in any Ministry or Department of the Government of the
State howsoever designated; and
(d) any office on the personal staff of the Governor.
(3) An appointment to the office of the Head of the Civil Service of a State shall not be made except from
among Permanent Secretaries or equivalent rank in the civil service of any State or of the Federation.
(4) In exercising his powers of appointment under this section, the Governor shall have regard to the
diversity of the people within the state and the need to promote national unity.
(5) Any appointment made pursuant to paragraphs (a) and (d) of subsection (2) of this section shall be at
the pleasure of the Governor and shall cease when the Governor ceases to hold office:
Provided that where a person has been appointed from a public service of the Federation or a State, he shall
be entitled to return to the public service of the Federation or of the State when the Governor ceases to hold
office.
209. A person in the public service of a State shall observe and conform to the Code of Conduct.
210. (1) Subject to the provisions of subsection (2) of this section, the right of a person in the public service
of a State to receive pension or gratuity shall be regulated by law.
(2) Any benefit to which a person is entitled in accordance with or under such law as is referred to in
subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is
permissible under any law, including the Code of Conduct.
(3) Pensions shall be reviewed every five years or together with any state civil service salary reviews,
whichever is earlier.
(4) Pensions in respect of service in the service of a State shall not be taxed
211. (1) The Attorney General of a state shall have power
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria
other than a court-martial in respect of any offence created by or under any law of the House of Assembly;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other
authority or person; and
(c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or
undertaken by him or any other authority or person.
(2) The powers conferred upon the Attorney-General of a state under subsection 1 of this section may be
exercised b him in person or through officers of his department.
(3) In exercising his powers under this section, the attorney-General of a state shall have regard to the
public interest, the interest of justice and the need to prevent abuse of legal process
212. (1) The Governor may -
(a) Grant any person concerned with or convicted of any offence created by any law of a state a pardon,
either free or subject to lawful conditions;
(b) grant to any person a respite, of the execution of any punishment imposed on that person for such an
offence;
(c) substitute a less severe form of punishment for any person for such an offence; or
(d) remit the whole or any part of punishment for any punishment imposed on that person for such any
offence or of any penalty forfeiture otherwise due to the state on account of such an offence.
(2) The powers of the governor under subsection (1)of this section shall be exercised by him after
consultation with such advisory council of the state on prerogative of mercy as may be established by law
of the State.
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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.
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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.
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B - The Court of Appeal
237. (1) There shall be a Court of Appeal.
(2) The Court of Appeal shall consist of -
(a) a President of the Court of Appeal; and
(b) such number of Justices of the Court of Appeal, not less than forty-nine of which not less than three
shall be learned I Islamic personal law, and not less than three shall be learned in Customary law, as may
be prescribed by an Act of the National Assembly.
238. (1) The appointment of a person to the office of President of the Court of appeal shall be made by the
President o the recommendation of the National Judicial Council subject to confirmation of such
appointment by the senate.
(2) The appointment of a person to the office of a Justice of the Court of Appeal shall be made by the
President on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold the office of a Justice of the Court of Appeal unless he is
qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than
twelve years.
(4) If the office of the President of the Court of appeal is vacant, or if the person holding the office is for
any reason unable to perform the functions of the office, then until a person has been appointed to and has
assumed the functions of that office, or until the person holding the office has resumed those functions, the
President shall appoint the most senior Justice of the Court of Appeal to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the
provisions of subsection (4) of this section shall cease to have effect after the expiration of three months
from the date of such appointment, and the President shall not re-appoint a person whose appointment has
lapsed.
239. (1) Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any
other court of Law in Nigeria, have original jurisdiction to hear and determine any question as to whether -
(a) any person has been validity elected to the office of President or Vice-President under this Constitution;
or
(b) the term of office of the President or Vice-President has ceased; or
(c) the office of President or Vice-President has become vacant.
(2) In the hearing and determine of an election petition under paragraph (a) of subsection (1) of this section,
the Court of Appeal shall be duly constituted if it consists of at least three Justices of the Court Appeal.
240. Subject to the provisions of this Constitution, the Court of Appeal shall have jurisdiction to the
exclusion of any other court of law in Nigeria, to hear and determine appeals from the Federal High Court,
the High Court of the Federation Capital Territory, Abuja, High Court of a state, Sharia Court of Appeal of
the Federal Capital Territory, Abuja, Sharia Court of Appeal of a state, Customary Court of Appeal of a
state and from decisions of a court martial or other tribunals as may be prescribed by an Act of the National
Assembly.
241. (1) An appeal shall lie from decisions of the Federal High Court or a High Court to the Court of
Appeal as of right in the following cases -
(a) final decisions in any civil or criminal proceedings before the Federal High Court or a High Court or a
High Court sitting at first instance;
(b) where the ground of appeal involves questions of law alone, decisions in any civil or criminal
proceedings;
(c) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this
Constitution;
(d) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of
Chapter IV of this Constitution has been, is being or is likely to be, contravened in relation to any person;
(e) decisions in any criminal proceedings in which the Federal High Court or a High Court has imposed a
sentence of death;
(f) decisions made or given by the Federal High Court or a High Court -
(i) where the liberty of a person or the custody of an infant is concerned,
(ii) where an injunction or the appointment of a receiver is granted or refused,
(iii) in the case of a decision determining the case of a creditor or the liability of a contributory or other
officer under any enactment relating to companies in respect of misfeasance or otherwise,
(iv) in the case of a decree nisi in a matrimonial cause or a decision in an admiralty action determining
liability, and
(v) in such other cases as may be prescribed by any law in force in Nigeria.
(2) Nothing in this section shall confer any of appeal -
(a) from a decision of the Federal High Court or any High Court granting unconditional leave to defend an
action;
(b) from an order absolute for the dissolution or nullity of marriage in favour of any party who, having had
time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from
that decree nisi; and
(c) without the leave of the Federal High Court or a High Court or of Appeal, from a decision of the
Federal High Court High Court made with the consent of the parties or as to costs only
242. (1) Subject to the provisions of section 241 of this Constitution, an appeal shall lie from decisions of
the Federal High Court or a High Court to the Court of Appeal with leave of the Federal High Court or that
Court or the Court Appeal
(2) The Court of Appeal may dispose of any application for leave to appeal from any decision of the
Federal High Court or a High Court in respect of any civil or criminal proceedings in which an appeal has
been brought to the Federal High Court or a High Court from any other court after consideration of the
record of the proceedings, if the Court of Appeal is of the opinion that the interests of justice do not require
an oral hearing of the application.
243. Any right of appeal to the Court of Appeal from the decisions of the Federal High Court or a High
Court conferred by this Constitution shall be -
(a) exercisable in the case of civil proceedings at the instance of a party thereto, or with the leave of the
Federal High Court or High Court or the Court of Appeal at the instance of any other person having an
interest in the matter, and in the case of criminal proceedings at the instance of an accused person or,
subject to the provisions of this Constitution and any powers conferred upon the Attorney-General of the
Federation or the Attorney-General of a state to take over and continue or to discontinue such proceedings,
at the instance of such other authorities or persons as may be prescribed;
(b) exercised in accordance with any Act of the National Assembly and rules of court for the time being in
force regulating the powers, practice and procedure of the Court of Appeal.
244. (1) An appeal shall lie from decisions of a Sharia Court of Appeal to the Court of Appeal as of right in
any civil proceedings before the Sharia Court of Appeal with respect to any question of Islamic personal
law which the Sharia Court of Appeal is competent to decide.
(2) Any right of appeal to the Court of Appeal from the decisions of a Sharia Court of Appeal conferred by
this section shall be -
(a) exercisable at the instance of a party thereto or, with the leave of the Sharia Court of Appeal or of the
Court of Appeal, at the instance of any other person having an interest in the matter; and
(b) exercised in accordance with an Act of the National Assembly and rules of court for the time being in
force regulating the powers, practice and procedure of the Court of Appeal.
245. (1) An appeal shall lie from decisions of a customary Court of Appeal to the Court of Appeal as of
right in any civil proceedings before the customary Court of Appeal with respect to any question of
Customary law and such other matters as may be prescribed by an Act of the National Assembly.
(2) Any right of appeal to the Court of Appeal from the decisions of a Customary Court of Appeal
conferred by this section shall be -
(a) exercisable at the instance of a party thereto or, with the leave of the Customary Court of Appeal or of
the Court of Appeal, at the instance of any other person having an interest in the matter;
(b) exercised in accordance with any Act of the National Assembly and rules of court for the time being in
force regulating the powers, practice and procedure of the Court of Appeal.
246. (1) An appeal to the Court of Appeal shall lie as of right from -
(a) decisions of the Code of Conduct Tribunal established in the Fifth Schedule to this Constitution;
(b) decisions of the National Assembly Election Tribunals and Governorship and Legislative Houses
Election Tribunals on any question as to whether
(i) any person has been validly elected as a member of the National Assembly or of a House of Assembly
of a State under this Constitution,
(ii) any person has been validly elected to the office of a Governor or Deputy Governor, or
(iii) the term of office of any person has ceased or the seat of any such person has become vacant.
(2) The National Assembly may confer jurisdiction upon the Court of Appeal to hear and determine appeals
from any decision of any other court of law or tribunal established by the National Assembly.
(3) The decisions of the Court of Appeal in respect of appeals arising from election petitions shall be final.
247. (1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other
law, the Court of Appeal shall be duly constituted if it consists of not less than three Justices of the Court of
Appeal and in the case of appeals from -
(a) a sharia Court of Appeal if it consists of not less than three Justices of the Court of Appeal learned in
Islamic personal law; and
(b) a Customary Court of Appeal, if it consists of not less than three Justices of Court of Appeal learned in
Customary law.
248. Subject to the provisions of any Act of the National Assembly, the president of the Court of Appeal
may make rules for regulating the practice and procedure of the Court of Appeal.
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C - The Federal High Court
249. (1) There shall be a Federal High Court.
(2) The Federal High Court shall consist of -
(a) a Chief Judge of the Federal High Court; and
(b) such number of Judges of the Federal High Court as may be prescribed by the an Act of the National
Assembly.
250. (1) The appointment of a person to the office of Chief Judge of the Federal High Court shall be made
by the President on the recommendation of the National Judicial Council, subject to confirmation of such
appointment by the Senate.
(2) The appointment of a person to the office of a Judge of the Federal High Court shall be made by the
President on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold the office of Chief Judge of the Federal High Court unless he is
qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than
ten years.
(4) If the office of Chief Judge of the Federal High Court is vacant or if the person holding the office is for
any reason unable to perform the functions of the office, then, until a person has been appointed to and has
assumed those functions of that office until the person holding the office has resumed those functions the
President shall appoint the most senior Judge of the Federal High Court to perform those functions''
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the
provisions of subsection (3) of this section shall cease to have effect after the expiration of three months
from the date of such appointment and the President shall not re-appoint a person whose appointment has
lapsed
251. (1) Notwithstanding anything to the contained in this Constitution and in addition to such other
jurisdiction as may be conferred upon it by an Act of the National Assembly, the Federal High Court shall
have and exercise jurisdiction to the exclusion of any other court in civil causes and matters -
(a) relating to the revenue of the Government of the Federation in which the said Government or any organ
thereof or a person suing or being sued on behalf of the said Government is a party;
(b) connected with or pertaining to the taxation of companies and other bodies established or carrying on
business in Nigeria and all other persons subject to Federal taxation;
(c) connected with or pertaining to customs and excise duties and export duties, including any claim by or
against the Nigeria Customs Service or any member or officer thereof, arising from the performance of any
duty imposed under any regulation relating to customs and excise duties and export duties;
(d) connected with or pertaining to banking, banks, other financial institutions, including any action
between one bank and another, any action by or against the Central Bank of Nigeria arising from banking,
foreign exchange, coinage, legal tender, bills of exchange, letters of credit, promissory notes and other
fiscal measures:
Provided that this paragraph shall not apply to any dispute between an individual customer and his bank in
respect of transactions between the individual customer and the bank;
(e) arising from the operation of the Companies and Allied Matters Act or any other enactment replacing
the Act or regulating the operation of companies incorporated under the Companies and Allied Matters Act;
(f) any Federal enactment relating to copyright, patent, designs, trade marks and passing-off, industrial
designs and merchandise marks, business names, commercial and industrial monopolies, combines and
trusts, standards of goods and commodities and industrial standards;
(g) any admiralty jurisdiction, including shipping and navigation on the River Niger or River Benue and
their affluents and on such other inland waterway as may be designated by any enactment to be an
international waterway, all Federal ports, (including the constitution and powers of the ports authorities for
Federal ports) and carriage by sea;
(h) diplomatic, consular and trade representation;
(i) citizenship, naturalisation and aliens, deportation of persons who are not citizens of Nigeria, extradition,
immigration into and emigration from Nigeria, passports and visas;
(j) bankruptcy and insolvency;
(k) aviation and safety of aircraft.
(l) arms, ammunition and explosives;
(m) drugs and poisons;
(n) mines and minerals (including oil fields, oil mining, geological surveys and natural gas);
(o) weights and measures:
(p) the administration or the management and control of the Federal Government or any of its agencies;
(q) subject to the provisions of this Constitution, the operation and interpretation of this Constitution in so
far as it affects the Federal Government or any of its agencies;
(r) any action or proceeding for a declaration or injunction affecting the validity of any executive or
administrative action or decision by the Federal Government or any of its agencies; and
(s) such other jurisdiction civil or criminal and whether to the exclusion of any other court or not as may be
conferred upon it by an Act of the National Assembly:
Provided that nothing in the provisions of paragraphs (p), (q) and (r) of this subsection shall prevent a
person from seeking redress against the Federal Government or any of its agencies in an action for
damages, injunction or specific performance where the action is based on any enactment, law or equity.
(2) The Federal High Court shall have and exercise jurisdiction and powers in respect of treason,
treasonable felony and allied offences.
(3) The Federal High Court shall also have and exercise jurisdiction and powers in respect of criminal
causes and matters in respect of which jurisdiction is conferred by subsection (1) of this section.
252. (1)For the purpose of exercising any jurisdiction conferred upon it by this Constitution or as may be
conferred by an Act of the National Assembly, the Federal High Court shall have all the powers of the High
Court of a state.
(2) Notwithstanding subsection (1) of this section, the National Assembly may by law make provisions
conferring upon the Federal high Court powers additional to those conferred by this section as may appear
necessary or desirable for enabling the Court more effectively to exercise its jurisdiction.
253. The Federal High Court shall be duly constituted if it consists of at least one Judge of that Court.
254. Subject to the provisions of any Act of the National Assembly, the Chief Judge of the Federal High
Court may make rules for regulating the practice and procedure of the Federal High Court.
D - The High Court of the Federal Capital Territory, Abuja
255. (1)There shall be a High Court of the Federal Capital Territory, Abuja.
(2) The High Court of the Federal Capital Territory, Abuja shall consist of -
(a) a Chief Judge of the High Court of the Federal Capital Territory, Abuja; and
(b) such number of Judges of the High Court as may be prescribed by an Act of the National Assembly.
256. (1) The appointment of a person to the office of Chief Judge of the High Court of the Federal Capital
Territory, Abuja shall be made by the President on the recommendation of the National Judicial council,
subject to confirmation of such appointment by the senate.
(2) The appointment of a person to the office of a Judge of the High Court of the Federal Capital Territory,
Abuja shall be made by the president on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold the office of a Chief Judge or a Judge of the High Court of the
Federation Capital Territory, Abuja unless he is qualified to practice as a legal practitioner in Nigeria and
has been so qualified for a period of not less than ten years.
(4) If the office of the Chief Judge of the High Court of the Federal Capital Territory, Abuja is vacant or if
the person holding the office is for any reason unable to perform the functions of the office, then until a
person has been appointed to and has assumed the functions of that office until the person holding the
office has resumed those functions, the President shall appoint the most senior Judge of the High Court of
the Federal Capital Territory, Abuja, to perform those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the
provisions of subsection (4) of this section shall cease to have effect after the expiration of three months
from the date of such appointment and the President shall not re-appoint a person whose appointment has
lapsed.
257. (1) Subject to the provisions of section 251 and any other provisions of this Constitution and in
addition to such other jurisdiction as may be conferred upon it by law, the High Court of the Federal
Capital Territory, Abuja shall have jurisdiction to hear and determine any civil proceedings in which the
existence or extent of a legal right, power, duty, liability privilege, interest, obligation or claim is in issue or
to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment
or other liability in respect of an offence committed by any person.
(2) The reference to civil or criminal proceedings in this section includes a reference to the proceedings
which originate in the High Court of the Federal Capital Territory, Abuja and those which are brought
before the High Court of the Federal Capital Territory, Abuja to be dealt with by the Court in the exercise
of its appellate or supervisory jurisdiction.
258. The High Court of the Federal Capital Territory, Abuja shall be duly constituted if it consists of at
least one Judge of that court.
259. Subject to the provisions of any Act of the National Assembly, the Chief Judge of the High Court of
the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the High
Court of the Federal Capital Territory, Abuja.
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E - The Sharia Court of Appeal of the Federal Capital Territory, Abuja.
260. (1) There shall be a Sharia Court of Appeal of the Federal Capital Territory, Abuja.
(2) The Sharia Court of Appeal of the Federal Capital Territory, Abuja shall consist of -
(a) a Grand Kadi of the Sharia Court of Appeal. and
(b) such number of Kadis of the Sharia Court of Appeal as may be prescribed by an Act of the National
Assembly.
261. (1) The appointment of a person to the office of the Grand Kadi of the Sharia Court of Appeal of the
Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National
Judicial Council, subject to confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Kadi of the Sharia Court of Appeal shall be made by the
President on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office as Grand Kadi or Kadi of the Sharia Court of Appeal of
the Federal Capital Territory, Abuja unless -
(a) he is a legal practitioner in Nigeria and has so qualified for a period of not less than ten years and has
obtained a recognised qualification in Islamic law from an institution acceptable to the National Judicial
Council; or
(b) he has attended and has obtained a recognised qualification in Islamic law from an institution approved
by the National Judicial Council and has held the qualification for a period of not less than twelve years;
and
(i) he either has considerable experience in the Practice of Islamic law, or
(ii) he is a distinguished scholar of Islamic law.
(4) If the office of the Grand Kadi of the Sharia Court of Appeal is vacant or if the person holding the
office is for any reason unable to perform the functions of the office, then, until a person has been
appointed to and has assumed the functions of that office or until the person holding the office has resumed
those functions, the President shall appoint the most senior Kadi of the Sharia Court of Appeal to perform
those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the
provisions of subsection (4) of this section shall cease to have effect after the expiration of three months
from the date of such appointment and the President shall not re-appoint a person whose appointment has
lapsed.
262. (1) The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be conferred upon it
by an Act of the National Assembly, exercise such appellate and supervisory jurisdiction in civil
proceedings involving questions of Islamic personal law.
(2) For the purpose of subsection (1) of this section, the Sharia Court of Appeal shall be competent to
decide -
(a) any question of Islamic personal law regarding a marriage concluded in accordance with that law,
including a question relating to the validity or dissolution of such a marriage or a question that depends on
such a marriage and relating to family relationship or the guardianship of an infant;
(b) where all the parties to the proceeding are Muslims, any question of Islamic personal law regarding a
marriage, including the validity or dissolution of that marriage, or regarding family relationship, a
foundling or the guardianship of an infant;
(c) any question of Islamic personal law regarding a wakf, gift, will or succession where the endower,
donor, testator or deceased person is a Muslim;
(d) any question of Islamic personal law regarding an infant, prodigal or person of unsound mind who is a
Muslim or the maintenance or the guardianship of a Muslim who is physically or mentally infirm; or
(e) where all the parties to the proceedings, being Muslims, have requested the court that hears the case in
the first instance to determine that case in accordance with Islamic personal law, any other question.
263. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Act of the
National Assembly, the Sharia Court of Appeal shall be duly constituted if it consists of at least three Kadis
of that Court.
264. Subject to the provisions of any Act of the National Assembly, the Grand Kadi of the Sharia Court of
Appeal of the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of
the Sharia Court of Appeal of the Federal Capital Territory, Abuja.
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F - The Customary Court of Appeal of the Federal Capital Territory, Abuja.
265. (1) There shall be a Customary Court of Appeal of the Federal Capital Territory, Abuja.
(2) The Customary Court of Appeal of the Federal Capital Territory, Abuja shall consist of -
(a) a President of the Customary Court of Appeal; and
(b) such number of Judges of the Customary Court of Appeal as may be prescribed by an Act of the
National Assembly.
266. (1) The appointment of a person to the office of the President of the Customary Court of Appeal of the
Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National
Judicial Council, subject to the confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Judge of the Customary Court of Appeal shall be made
by the President on the recommendation of the National Judicial Council.
(3) Apart from such other qualification as may be prescribed by an Act of the National Assembly, a person
shall not be qualified to hold the office of President or a Judge of the Customary Court of Appeal of the
Federal Capital Territory, Abuja, unless -
(a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and,
in the opinion of the National Judicial Council he has considerable knowledge and experience in the
practice of Customary law; or
(b) in the opinion of the National Judicial Council he has considerable knowledge of and experience in the
practice of Customary law.
(4) If the office of the President of the Customary Court of Appeal is vacant or if the person holding the
office is for any reason unable to perform the functions of the office, then, until a person has been
appointed to and assumed the functions of that office, or until the person holding the office has resumed
those functions, the President shall appoint the next most senior Judge of the Customary Court of Appeal to
perform those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the
provisions of subsection (4) of this section shall cease to have effect after the expiration of three months
from the date of such appointment and the President shall no re-appoint a person whose appointment has
lapsed.
267. The Customary Court of Appeal of the Federal Capital Territory, Abuja shall, in addition to such other
jurisdiction as may be conferred upon by an Act of The National Assembly Exercise such appellate and
supervisory jurisdiction in civil proceedings involving questions of Customary law.
268. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Act of the
National Assembly, the Customary Court of Appeal shall be duly constituted if it consists of at least three
Judges of that Court.
269. Subject to the provisions of any Act of the National Assembly, the President of the Customary Court
of Appeal of the Federal Capital Territory, Abuja, may make rules for regulating the practice and procedure
of the Customary Court of Appeal of the Federal Capital Territory, Abuja.
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Part II
State Courts
A - High Court of a State
270. (1) There shall be a High Court for each State of the Federation.
(2) The High Court of a State shall consist of -
(a) a Chief Judge of the State; and
(b) such number of Judges of the High Court as may be prescribed by a Law of the House of Assembly of
the State.
271. (1) The appointment of a person to the office of Chief Judge of a State shall be made by the Governor
of the State on the recommendation of the National Judicial Council subject to confirmation of the
appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Judge of a High Court of a State shall be made by the
Governor of the State acting on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office of a Judge of a High Court of a State unless he is qualified
to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.
(4) If the office of Chief Judge of a State is vacant or if the person holding the office is for any person
unable to perform the functions of the office, then until a person has been appointed to and has assumed the
functions of that office, or until the person holding the office has resumed those functions, the Governor of
the State shall appoint the most senior Judge of the High Court to perform those functions.
(5) Except on the recommendation of the National Judicial Council an appointment pursuant to subsection
(4) of this section shall cease to have effect after expiration of three months from the date of such
appointment and the Governor shall not re-appoint a person whose appointment has lapsed.
272. (1) Subject to the provisions of section 251 and other provisions of this Constitution, the High Court
of a State shall have jurisdiction to hear and determine any civil proceedings in which the existence or
extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and
determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other
liability in respect of an offence committed by any person.
(2) The reference to civil or criminal proceedings in this section includes a reference to the proceedings
which originate in the High Court of a State and those which are brought before the High Court to be dealt
with by the court in the exercise of its appellate or supervisory jurisdiction.
273. For the purpose of exercising any jurisdiction conferred upon it under this Constitution or any law, a
High court of a State shall be duly constituted if it consists of at least one Judge of that Court.
274. Subject to the provisions of any law made by the House of Assembly of a State, the Chief Judge of a
State may make rules for regulating the practice and procedure of the High Court of the State.
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B - Sharia Court of Appeal of a State
275. (1) There shall be for any State that requires it a Sharia Court of Appeal for that State.
(2) The Sharia Court of Appeal of the State shall consist of -
(a) A Grandi Kadi of the Sharia Court of Appeal; and
(b) such member of Kadi of the Sharia Court of Appeal as may be prescribed by the House of Assembly of
the State.
276. (1) The appointment of a person to the office of the Grandi Kadi of the Sharia Court of Appeal of a
State shall be made by the Governor of the State on the recommendation of the National Judicial Council,
subject to confirmation of such appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Kadi of the Sharia Court of Appeal of a State shall be
made by the Governor of the State on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office as a Kadi of the Sharia Court of Appeal of a State unless -
(a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and
has obtained a recognised qualification in Islamic law from an institution acceptable to the National
Judicial Council; or
(b) he has attended and has obtained a recognised qualification in Islamic law from an institution approved
by the National Judicial council and has held the qualification for a period of not less than ten years; and
(i) he either has considerable experience in the practice of Islamic law, or
(ii) he is a distinguished scholar of Islamic law.
(4) If the office of the Grandi Kadi of the Sharia Court of Appeal of a State is vacant or if a person holding
the office is for any reason unable to perform the function of the office, then until a person has been
appointed to and has assumed the function s of that office, or until the person holding the office has
resumed those functions, the Governor of the State shall appoint the most senior Kadi of the Sharia Court
of Appeal of the State to perform those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to subsection
(4) of this section shall cease to have effect after the expiration of three months from the date of such
appointment, and the Governor shall not re-appoint a person whose appointment has lapsed.
277. (1) The sharia Court of Appeal of a State shall, in addition to such other jurisdiction as may be
conferred upon it by the law of the State, exercise such appellate and supervisory jurisdiction in civil
proceedings involving questions of Islamic personal Law which the court is competent to decide in
accordance with the provisions of subsection (2) of this section.
(2) For the purposes of subsection (1) of this section, the sharia Court of Appeal shall be competent to
decide -
(a) any question of Islamic personal Law regarding a marriage concluded in accordance with that Law,
including a question relating to the validity or dissolution of such a marriage or a question that depends on
such a marriage and relating to family relationship or the guardianship of an infant;
(b) where all the parties to the proceedings are muslims, any question of Islamic personal Law regarding a
marriage, including the validity or dissolution of that marriage, or regarding family relationship, a founding
or the guarding of an infant;
(c) any question of Islamic personal Law regarding a wakf, gift, will or succession where the endower,
donor, testator or deceased person is a muslim;
(d) any question of Islamic personal Law regarding an infant, prodigal or person of unsound mind who is a
muslim or the maintenance or the guardianship of a muslim who is physically or mentally infirm; or
(e) where all the parties to the proceedings, being muslims, have requested the court that hears the case in
the first instance to determine that case in accordance with Islamic personal law, any other question.
278. For the purpose of exercising any jurisdiction conferred upon it this Constitution or any law, a sharia
Court of Appeal of a State shall be duly constituted if it consists of at least three kadis of that Court.
279. Subject to provisions of any made by the House of Assembly of the State, the Grand Kadi of the
Sharia Court of Appeal of the state may make rules regulating the practice and procedure of the Sharia
Court of Appeal.
C - Customary Court of Appeal of a State
280. (1) There shall be for any State that requires it a Customary Court of Appeal for that State.
(2) The Customary Court of Appeal of a State shall consist of -
(a) a President of the Customary Court of Appeal of the State; and
(b) such number of Judges of the Customary Court of Appeal as may be prescribed by the House of
Assembly of the State.
281. (1) The appointment of a person to the office of President of a Customary Court of Appeal shall be
made by the governor of the State on the recommendation of the national Judicial Council, subject to
confirmation of such appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Judge of a Customary Court of Appeal shall be made by
the Governor of the State on the recommendation of the National Judicial Council.
(3) Apart from such other qualification as may be prescribed by a law of the House of Assembly of the
State, a person shall not be qualified to hold office of a president or of a Judge of a Customary Court of
Appeal of a State unless -
(a) he is a legal practitioner in Nigeria and he has been so qualified for a period of not less than ten years
and In the opinion of the National Judicial Council he has considerable knowledge and experience in the
practice of Customary law; or
(b) in the opinion of the National Judicial Council he has considerable knowledge of and experience in the
practice of Customary law.
(4) If the office of President of the Customary Court of Appeal of a State is vacant or if the person holding
the office is for any reason unable to perform the functions of the office, then until a person has been
appointed to and has assumed the functions of that office, or until the person holding the office has resumed
the functions of that office, or until the person holding the office has resumed those functions, the Governor
of the State shall appoint the most senior Judge of the Customary Court of Appeal of the State to perform
those functions.
(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to subsection
(4) of this section shall cease to have effect after the expiration of three months from the date of such
appointment, and the Governor shall not re-appoint a person whose appointment has lapsed.
282. (1) A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in
civil proceedings involve questions of Customary law.
(2) For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction
and decide such questions as may be prescribed by the House of Assembly of the State for which it is
established.
283. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any law, a
Customary Court of Appeal of the State may make rules for regulating the practice and procedure of the
Customary Court of Appeal of the State.
284. Subject to the provisions of any law by the House of Assembly of the State, the President of the
Customary Court of Appeal of the State may make rules for regulating the practice and procedure of the
customary Court of Appeal of the State.
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Part III
Election Tribunals
285. (1) There shall be established for the Federation one or more election tribunals to be known as the
National Assembly Election Tribunals which shall, to the exclusion of any or tribunal, have original
jurisdiction to hear and determine petitions as to whether -
(a) any person has been validly elected as a member of the National Assembly;
(b) the term of office of any person under this Constitution has ceased;
(c) the seat of a member of the Senate or a member of the House of Representatives has vacant; and
(d) a question or petition brought before the election tribunal has been properly or improperly brought.
(2) There shall be established in each State of the Federation one or more election tribunals to be known as
the Governorship and Legislative Houses Election Tribunals which shall, to the exclusion of any court or
tribunal, have original jurisdiction to hear and determine petitions as to whether any person has been
validly elected to the office of Governor or Deputy Governor or as a member of any legislative house.
(3) The composition of the National Assembly election Tribunals, Governorship and Legislative Houses
Election Tribunals shall be as set out I the Sixth Schedule to this Constitution.
(4) The quorum of an election tribunal established under this section shall be the Chairman and two other
members.
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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 noncompliance
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.
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Part II
Miscellaneous Provisions
305. (1) Subject to the provisions of this Constitution, the President may by instrument published in the
Official -Gazette} of the Government of the Federation issue a Proclamation of a state of emergency in the
Federation or any part thereof.
(2) The President shall immediately after the publication, transmit copies of the Official -Gazette of the
Government of the Federation containing the proclamation including the details of the emergency to the
President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith
convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to
consider the situation and decide whether or not to pass a resolution approving the Proclamation.
(3) The President shall have power to issue a Proclamation of a state of emergency only when -
(a) the Federation is at war;
(b) the Federation is in imminent danger of invasion or involvement in a state of war;
(c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such
extent as to require extraordinary measures to restore peace and security;
(d) there is a clear and present danger of an actual breakdown of public order and public safety in the
Federation or any part thereof requiring extraordinary measures to avert such danger;
(e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity,
affecting the community or a section of the community in the Federation;
(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or
(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this
section.
(4) The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the
House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when
there is in existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this
section and such situation does not extend beyond the boundaries of the State.
(5) The President shall not issue a Proclamation of a state of emergency in any case to which the provisions
of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to
make a request to the President to issue such Proclamation.
(6) A Proclamation issued by the President under this section shall cease to have effect -
(a) if it is revoked by the President by instrument published in the Official Gazette of the Government of
the Federation;
(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in
session, or within ten days when the National Assembly is not in session, after its publication, there is no
resolution supported by two-thirds majority of all the members of each House of the National Assembly
approving the Proclamation;
(c) after a period of six months has elapsed since it has been in force:
Provided that the National Assembly may, before the expiration of the period of six months aforesaid,
extend the period for the Proclamation of the state of emergency to remain in force from time to time for a
further period of six months by resolution passed in like manner; or
(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of
this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority
of all the members of each House.
306. (1) Save as otherwise provided in this section, any person who is appointed, elected or otherwise
selected to any office established by this Constitution may resign from that office by writing under his hand
addressed to the authority or person by whom he was appointed, elected or selected.
(2) The resignation of any person from any office established by this Constitution shall take effect when the
writing signifying the resignation is received by the authority or person to whom it is addressed or by any
person authorised by that authority or person to receive it.
(3) The notice of resignation of the President and of the Vice-President shall respectively be addressed to
the president of the Senate and to the President.
(4) On the resignation of the President, the President of the Senate shall forthwith give notice of the
resignation to the Speaker of the House of Representatives.
(5) The notice of resignation of the Governor and of the Deputy Governor of a State shall respectively be
addressed to the Speaker of the House of Assembly and the Governor of the State.
(6) The notice of resignation of the President of the Senate and of the Speaker of the House of
Representatives shall in each case be addressed to the Clerk of the National Assembly, and the notice of
resignation of the Speaker of a House of Assembly shall be addressed to the Clerk of the House of
Assembly of the State.
(7) The notice of resignation of a member of a legislative house shall be addressed to the President of the
Senate or, as the case may require, to the Speaker of the legislative house in question.
307. Notwithstanding any provisions contained in Chapter IV and subject to sections 131 and 177 of this
Constitution, no citizen of Nigeria by registration or under a grant of certificate of naturalisation shall
within ten years of such registration or grant, hold any elective or appointive office under this Constitution.
308. (1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this
section -
(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section
applies during his period of office;
(b) a person to whom this section applies shall not be arrested or imprisoned during that period either in
pursuance of the process of any court or otherwise; and
(c) no process of any court requiring or compelling the appearance of a person to whom this section
applies, shall be applied for or issued:
Provided that in ascertaining whether any period of limitation has expired for the purposes of any
proceedings against a person to whom this section applies, no account shall be taken of his period of office.
(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to
whom this section applies in his official capacity or to civil or criminal proceedings in which such a person
is only a nominal party.
(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy
Governor; and the reference in this section to "period of office" is a reference to the period during which
the person holding such office is required to perform the functions of the office.
Back to Page One
Part III
Transitional Provisions and Savings
309. Notwithstanding the provisions of Chapter III of this Constitution but subject to section 28 thereof,
any person who became a citizen of Nigeria by birth, registration or naturalisation under the provisions of
any other Constitution shall continue to be a citizen of Nigeria under this Constitution.
310. (1) Until the National Assembly or a House of Assembly has exercised its powers to initiate
legislation in accordance with the provisions of section 51 or 93 of this Constitution, the Clerk or other staff
of a legislative house shall be appointed, as respects each House of the National Assembly by the Federal
Civil Service Commission, and as respects a House of Assembly by the State Civil Service Commission.
(2) In exercising its powers under the provisions of this section, the Federal Civil Service Commission shall
consult, as appropriate, the President of the Senate or the Speaker of the House of the Representatives, and
a State Civil Service Commission shall consult the Speaker of the House of Assembly of the State.
311. (1) The provisions of this section shall have effect until the National Assembly or a House of
Assembly exercises the powers conferred upon it by section 60 or 101 of this Constitution as appropriate.
(2) The Standing Orders of the Senate established under the former Constitution shall apply in relation to
the proceedings in the Senate established under this Constitution.
(3) The Standing Orders of the House of Representatives established under the former Constitution shall
apply in relation to the proceedings in the House of Representatives established under this Constitution.
(4) The Standing Orders of a House of Assembly established under the former Constitution shall apply in
relation to a House of Assembly of a State established under this Constitution.
(5) The Standing Orders of the former legislative houses referred to in subsections (2), (3) and (4) of this
section, shall apply in relation to a legislative house with such modifications as may be necessary to bring
them into conformity with the provisions of this Constitution.
(6) In this section, the "former Constitution" refers to the Constitution of the Federal Republic of Nigeria
1979.
312. (1) The electoral commission established for the Federation under any law in force immediately before
the date when this section comes into force shall be responsible for performing the functions conferred on
the Independent National Electoral Commission established by the provisions of this Constitution.
(2) Any person who before the coming into force of this Constitution was elected to any elective office
mentioned in this Constitution in accordance with the provisions of any law in force immediately before the
coming into force of this Constitution shall be deemed to have been duly elected to that office under this
Constitution.
313. Pending any Act of the National Assembly for the provision of a system of revenue allocation between
the Federation and the States, among the States, between the States and local government councils and
among the local government councils in the States, the system of revenue allocation in existence for the
financial year beginning from 1st January 1998 and ending on 31st December 1998 shall, subject to the
provisions of this Constitution and as from the date when this section comes into force, continue to apply:
Provided that where functions have been transferred under this Constitution from the Government of the
Federation to the States and from the States to local government councils the appropriations in respect of
such functions shall also be transferred to the States and the local government councils, as the case may
require.
314. Any debt of the Federation or of a State which immediately before the date when this section comes
into force was charged on the revenue and assets of the Federation or on the revenue and assets of a State
shall, as from the date when this section comes into force, continue to be so charged.
315. (1) Subject to the provisions of this Constitution, an existing law shall have effect with such
modifications as may be necessary to bring it into conformity with the provisions of this Constitution and
shall be deemed to be -
(a) an Act of the National Assembly to the extent that it is a law with respect to any matter on which the
National Assembly is empowered by this Constitution to make laws; and
(b) a Law made by a House of Assembly to the extent that it is a law with respect to any matter on which a
House of Assembly is empowered by this Constitution to make laws.
(2) The appropriate authority may at any time by order make such modifications in the text of any existing
law as the appropriate authority considers necessary or expedient to bring that law into conformity with the
provisions of this Constitution.
(3) Nothing in this Constitution shall be construed as affecting the power of a court of law or any tribunal
established by law to declare invalid any provision of an existing law on the ground of inconsistency with
the provision of any other law, that is to say-
(a) any other existing law;
(b) a Law of a House of Assembly;
(c) an Act of the National Assembly; or
(d) any provision of this Constitution.
(4) In this section, the following expressions have the meanings assigned to them, respectively -
(a) "appropriate authority" means -
(i) the President, in relation to the provisions of any law of the Federation,
(ii) the Governor of a State, in relation to the provisions of any existing law deemed to be a Law made by
the House of Assembly of that State, or
(iii) any person appointed by any law to revise or rewrite the laws of the Federation or of a State;
(b) "existing law" means any law and includes any rule of law or any enactment or instrument whatsoever
which is in force immediately before the date when this section comes into force or which having been
passed or made before that date comes into force after that date; and
(c) "modification" includes addition, alteration, omission or repeal.
(5) Nothing in this Constitution shall invalidate the following enactments, that is to say -
(a) the National Youth Service Corps Decree 1993;
(b) the Public Complaints Commission Act;
(c) the National Security Agencies Act;
(d) the Land Use Act,
and the provisions of those enactments shall continue to apply and have full effect in accordance with their
tenor and to the like extent as any other provisions forming part of this Constitution and shall not be altered
or repealed except in accordance with the provisions of section 9 (2) of this Constitution.
(6) Without prejudice to subsection (5) of this section, the enactments mentioned in the said subsection
shall hereafter continue to have effect as Federal enactments and as if they related to matters included in the
Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.
316. (1) Any office, court of law or authority which immediately before the date when this section comes
into force was established and charged with any function by virtue of any other Constitution or law shall be
deemed to have been duly established and shall continue to be charged with such function until other
provisions are made, as if the office, court of law or authority was established and charged with the
function by virtue of this Constitution or in accordance with the provisions of a law made thereunder.
(2) Any person who immediately before the date when this section comes into force holds office by virtue
of any other Constitution or law in force immediately before the date when this section comes into force
shall be deemed to be duly appointed to that office by virtue of this Constitution or by any authority by
whom appointments to that office fall to be made in pursuance of this Constitution.
(3) Notwithstanding the provisions of subsection (2) of this section, any person holding such office, a
member of a court of law or authority, who would have been required to vacate such office, or where his
membership of such court of law or authority would have ceased but for the provisions of the said
subsection (2) of this section, shall at the expiration of the period prescribed therefor after the date when
this section comes into force vacate such office or, as the case may be, his membership of such court of law
or authority shall cease, accordingly.
(4) The foregoing provisions of this section are without prejudice to the exercise of such powers as may be
conferred by virtue of this Constitution or a law upon any authority or person to make provisions with
respect to such matters as may be prescribed or authorised by this Constitution or such law, including the
establishment and abolition of offices, courts of law or authorities, and with respect to the appointment of
persons to hold offices or to be members of courts of law or authorities and their removal from such
offices, courts of law or authorities.
317. (1) Without prejudice to the generality of section 315 of this constitution, any property, right,
privilege, liability or obligation which immediately before the date when this section comes into force was
vested in, exercisable or enforceable by or against(
a) the former authority of the Federation as representative or trustee for the benefit of the Federation;
(b) any former authority of a state as representative or trustee for the benefit of the state, shall on the date
when this section comes into force and without further assurance than the provisions thereof vest in, or
become exercisable of enforceable by or against the President and Government of the Federation, and the
Governor and Government of the state, as the case may be
(2) For the purposes of this section -
(a) the President and Government of the Federation, and the Governor and Government of a state, shall be
deemed, respectively, to be successors to the said former authority of the Federation and former authority
of the state in question; and
(b) references in this section to "former authority of the Federation" and "former authority of a state"
include references to the former Government of the Federation and the former government of a state, a
local government authority or any person who exercised any authority on its behalf.
Back to Page One
Part IV
Interpretation, Citation and commencement
318. (1) In this constitution, unless it is otherwise expressly provided or the context otherwise requires-
"Act" or "Act of the National Assembly" means any law made by the National Assembly and includes any
law which takes effect under the provisions of this constitution as an Act of the National Assembly;
"appointment" or its cognate expression includes appointment on promotion and transfer or confirmation of
appointment;
"area council" means each of the administrative areas within the Federal Capital Territory, Abuja;
"authority" includes government;
"belong to" or its grammatical expression when used with reference to a person in a state refers to a person
either or whose parents or any of whose grand parents was a member of a community indigenous to that
state;
"civil service of the Federation" means service of the Federation in a civil capacity as staff of the office of
the President, the Vice-President, a ministry or department of the government of the Federation assigned
with the responsibility for any business of the Government of the Federation;
"civil service of the state" means service of the government of a state in a civil capacity as staff of the
office of the governor, deputy governor or a ministry or department of the government of the state assigned
with the responsibility for any business of the government of the state;
"Cod of Conduct" refers to the Code of Conduct contained in the fifth schedule to this constitution;
"Commissioner" means a Commissioner of the Government of a State;


"Concurrent Legislative List" means the list of matters set out in the first column in Part 11 of the second
schedule to this constitution with respect to which the National Assembly and a House of Assembly may
make laws to the extent prescribed, respectively, opposite thereto in the second column thereof;
"decision" means, in relation to a court, any determination of that court and includes judgement decree,
order, conviction, sentence or recommendation;
"enactment" means provision of any law or a subsidiary instrument;
"Exclusive Legislative List" means the list in Part 1 of the second schedule to this constitution;
"existing law" has the meaning assigned to it in section 315 of this constitution;
"federal character of Nigeria" refers to the distinctive desire of the peoples of Nigeria to promote national
unity, foster national loyalty and give every citizen of Nigeria a sense of belonging to the nation as
expressed in section 14 (3) and (4) of this constitution;
"Federation" means the Federal Republic of Nigeria;
"financial year" means any period of twelve months beginning on the first day of January in any year or
such other date as the National Assembly may prescribe;
"function" includes power and duty;
"government" includes the Government of the Federation, or of any state, or of a local government council
or any person who exercises power of authority on its behalf;
"Governor" or "Deputy Governor" means the governor of a state or a deputy governor of a state;
"House of Assembly" means the House of Assembly of a state;
"Financial year" means any period of twelve months beginning on the first day of January in any year or
such other date as the National Assembly may prescribe;
"function" includes power and duty;
"government" includes the Government of the Federation, or any State, or of a local government council or
any person who exercises power or authority on its behalf;
"Governor" or Deputy Governor" means the Governor of a State or a Deputy Governor of a State;
"House of Assembly" means the House of Assembly of a State;
"Judicial office" means the office of Chief Justice of Nigeria or a Justice of the Supreme Court, the
President or Justice of the Court of Appeal, the office of the Chief Judge or a Judge of the Federal High
Court, the office of the Chief Judge or Judge of the High Court of the Federal Capital Territory, Abuja, the
office of the Chief Judge of a State and Judge of the High Court of a State, a Grand Kadi or Kadi of the
Sharia Court of Appeal of the Federal Capital Territory, Abuja, a President or Judge of the Customary
Court of Appeal; of the Federal Capital Territory, Abuja, a Grand Kadi or Kadi of the Sharia Court of
Appeal of a State; and a reference to a "judicial officer" is a reference to the holder of any such office;
"law" means a law enacted by the House of Assembly of a State;
"Legislative house" means the Senate, House of Representatives or a House of Assembly.
"Local government area" or "local government council" includes an area council;
"public service of a State� means the service of the State in any capacity in respect of the Government of
the State and includes service as:
(a) Clerk or other staff of the House of Assembly;
(b) member of staff of the High Court, the Sharia court of Appeal, the Customary Court of Appeal; or other
courts established for a State by this Constitution or by a Law of a House of Assembly;
(c) member or staff of any commission or authority established for the State by this Constitution or by a
Law of a House of Assembly;
(d) staff of any local government council;
(e) staff of any statutory corporation established by a Law of a House of Assembly;
(f) staff of any educational institution established or financed principally by a government of a State; and
(g) staff of any company or enterprise in which the government of a State or its agency holds controlling
shares or interest;
"School Certificate or its equivalent" means
(a) a Secondary School Certificate or its equivalent, or Grade II 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
Section 3 Part 1 - States of the Federation
State Local Government Areas 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
Capital City: 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.
Capital City: 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.
Capital City: 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.
Capital City: Awka
Bauchi: Alkaleri, Bauchi, Bogoro, Damban, Darazo, Dass, Ganjuwa, Giade,
Itas/Gadau, Jama�are, Katagum, Kirfi, Misau, Ningi, Shira, Tafawa-Balewa, Toro,
Warji, Zaki
Capital City: Bauchi
Bayelsa: Brass, Ekeremor, Kolokuma/Opokuma, Nembe, Ogbia, Sagbama, Southern
Jaw, Yenegoa.
Capital City: 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..
Capital City: 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.
Capital City: Maiduguri
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.
Capital City: 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.
Capital City: Dutse
Kaduna: Birni-Gwari, Chikun, Giwa, Igabi, Ikara, jaba, Jema�a, Kachia, Kaduna
North, Kaduna South, Kagarko, Kajuru, Kaura, Kauru, Kubau, Kudan, Lere, Makarfi,
Sabon-Gari, Sanga, Soba, Zango-Kataf, Zaria.
Capital City: 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.
Capital City: 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.
Capital City: Katsina
Kebbi: Aleiro, Arewa-Dandi, Argungu, Augie, Bagudo, Birnin Kebbi, Bunza, Dandi,
Fakai, Gwandu, Jega, Kalgo, Koko/Besse, Maiyama, Ngaski, Sakaba, Shanga, Suru,
Wasagu/Danko, Yauri, Zuru.
Capital City: Birnin Kebbi
Kogi: Adavi, Ajaokuta, Ankpa, Bassa, Dekina, Ibaji, Idah, Igalamela-Odolu, Ijumu,
Kabba/Bunu, Kogi, Lokoja, Mopa-Muro, Ofu, Ogori/Mangongo, Okehi, Okene,
Olamabolo, Omala, Yagba East, Yagba West.
Capital City: Lokoja
Kwara: Asa, Baruten, Edu, Ekiti, Ifelodun, Ilorin East, Ilorin West, Irepodun, Isin,
Kaiama, Moro, Offa, Oke-Ero, Oyun, Pategi.
Capital City: 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.
Capital City: Ikeja
Nasarawa: Akwanga, Awe, Doma, Karu, Keana, Keffi, Kokona, Lafia, Nasarawa,
Nasarawa-Eggon, Obi, Toto, Wamba.
Capital City: 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.
Capital City: 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.
Capital City: 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.
Capital City: 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.
Capital City: 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.
Capital City: 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.
Capital City: Jos
Rivers: Abua/Odual, Ahoada East, Ahoada West, Akuku Toru, Andoni, Asari-Toru,
Bonny, Degema, Emohua, Eleme, Etche, Gokana, Ikwerre, Khana, Obia/Akpor,
Ogba/Egbema/Ndoni, Ogu/Bolo, Okrika, Omumma, Opobo/Nkoro, Oyigbo, Port-
Harcourt, Tai.
Capital City: Port Harcourt
Sokoto: Binji, Bodinga, Dange-shnsi, Gada, Goronyo, Gudu, Gawabawa, Illela, Isa,
Kware, kebbe, Rabah, Sabon birni, Shagari, Silame, Sokoto North, Sokoto South,
Tambuwal, Tqngaza, Tureta, Wamako, Wurno, Yabo.
Capital City: Sokoto
Taraba: Ardo-kola, Bali, Donga, Gashaka, Cassol, Ibi, Jalingo, Karin-Lamido, Kurmi,
Lau, Sardauna, Takum. Ussa, Wukari, Yorro, Zing.
Capital City: Jalingo
Yobe: Bade, Bursari, Damaturu, Fika, Fune, Geidam, Gujba, Gulani, Jakusko,
Karasuwa, Karawa, Machina, Nangere, Nguru Potiskum,. Tarmua, Yunusari, Yusufari.
Capital City: Damaturu
Zamfari: Anka, Bakura, Birnin Magaji, Bukkuyum, Bungudu, Gummi, Gusau, Kaura,
Namoda, Maradun, Maru, Shinkafi, Talata Mafara. Tsafe, Zurmi.
Capital City: Gusau
Part II
1. Definition of Federal Capital Territory Abuja. The definition of the boundaries of
the Federal Capital Territory, Abuja referred to under Chapter 1 and VIII of this
Constitution is as follows: Starting from the village called Izom on 7oE Longitude and
9o 15 Latitude, project a straight line westward to a point just north of Lehu on the
Kemi River, then project a line along 6 o 47 � � E southward passing close to the
villages called Semasu, Zui and Bassa down to a place a little west of Abaji town;
thence project a line along parallel 8o 27 � �N Latitude to Ahinza village 7o 6" on
Kanama River); thence a straight line to Buga Village on 8o 30 �N Latitude and 7"
20�E Longitude; thence draw a line northwards joining the villages of Odu, Karshi and
Karu. From Karu the line shall proceed along the boundary between the Niger and
Plateau States as far as Kawu; thence the line shall proceed along the boundary
between Kaduna and Niger States up to a point just north of Bwari village, hence the
line goes straight to Zuba village and thence straight to Izom.
2. Federal Capital Territory, Abuja
Area Councils
Area 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 cooperative
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 arbitrations.
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 11
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 State
(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 makes 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 of 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 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 a local government council in addition to but not inconsistent
with any law made by 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 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;
(e) The promotion and establishment of a national grid system; and
(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.
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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. Regulation of political parties.
57. Service and execution in a State of civil and criminal processes, judgments,
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
Section 4
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 trigometrical, cadastral and topohraphical
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, postprimary,
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
(b) 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 coordination 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 Nation Judicial Service Commission and shall
be a legal practitioner.
J - National Population Commission
23. The National Population Commission shall comprise the following members -
(a) a Chairman; and
(b) one person from each State of the Federation and the Federal Capital Territory,
Abuja.
24. The Commission shall have power to -
(a) undertake periodical enumeration of population through sample surveys,
censuses or otherwise;
(b) establish and maintain a machinery for continuous and universal registration of
births and deaths throughout the Federation;
(c) advise the President on population matters;
(d) publish and provide information and data on population for the purpose of
facilitating economic and development planning; and
(e) appoint and train or arrange for the appointment and training of enumerators or
t.he 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
STATES' 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 ben 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 subparagraph
(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 subparagraph
(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
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;
(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
Conflict of interest with duty.
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.
Retired public officers
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.
Certain retired public officers
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.
Gifts or benefits in kind
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.
Restriction on loans, gifts or benefits to certain public officers
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.
Bribery of public officers
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.
Abuse of powers
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.
Membership of societies
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.
Declaration of assets
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.
Allegation of breach of Code
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.
Agents and nominees
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,
Exemptions
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.
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.

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 Repubic of Nigeria; that in all circumstances, I will do
right to all manner of people, according to law, without fear or favour, affection or illwill;
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 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 VICE-PRESIDENT DEPUTY GOVERNOR, MINISTER,
COMMISSIONER OR SPECIAL ADVISER
I, .......... do solemnly swear/affirm that I will be faithful and bear the 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 ab ilitry, 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.




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