ARRANGEMENT OF SECTIONS
CHAPTER I: General Provisions
Part I: Federal Republic of Nigeria
Part II: Powers of the Federal Republic of Nigeria
CHAPTER II: Fundamental Objectives and Directives Principles of State Policy
CHAPTER III: Citizenship
CHAPTER IV: Fundamental Rights
CHAPTER V: The Legislature
Part I: National Assembly
A: Composition and Staff of National Assembly
B: Procedure for Summoning and Dissolution of National Assembly
C: Qualification for Membership of National Assembly and Right of Attendance
D: Elections to the National Assembly
E: Powers and Control over Public Funds
Part II: House of Assembly of a State
A: Composition and Staff of House of Assembly
B: Procedure for Summoning and Dissolution of a House of Assembly
C Qualification for Membership of House of Assembly and Right of Attendance
D Elections to a House of Assembly
E: Powers and Control over Public Funds
CHAPTER VI: THE EXECUTIVE
Part I: Federal Executive
A: The President of the Federation
B: Establishment of Certain Federal Executive Bodies
C: Public Revenue
D: The Public Service of the Federation
Part II: State Executive
A: The Governor of a State
B: Establishment of Certain State Executive Bodies
C: The Public Service of A State
Part III: Supplemental
A: National Population Census.
B: Nigeria Police Force
C: Armed Forces of the Federation
D: Political Parties
CHAPTER VII: THE JUDICATURE
Part I: Federal Courts
A: The Supreme Court of Nigeria
B: The Federal Court of Appeal
C: The Federal High Court
Part II: State Courts
A: High Court of a State
B: Sharia Court of Appeal of a State.
B: Customary Court of Appeal of a State
Part III: Supplemental
CHAPTER VIII: Federal Capital Territory and General Supplementary Provisions
Part I: Federal Capital Territory
Part II: Miscellaneous Provisions
Part III: Transitional Provisions and Savings
Part IV: Interpretation, Citation and Commencement
Schedules
First Schedule
Part I: States of the Federation
Part II: Definition of Federal capital Territory
Second Schedule:
Part I: Exclusive Legislative List
Part II: Concurrent Legislative List
Part III: Supplemental and Interpretation
Third Schedule
Part I: Federal Executive Bodies
Part II: State Executive Bodies
Fourth Schedule
Functions of a Local Government Council
Fifth Schedule
Part I: Code of Conduct for Public Officers
Part II: Specified Offices for the Purposes of the Code of Conduct
Sixth Schedule: Oaths
1979 CONSTITUTION OF NIGERIA
We the people of the Federal Republic of Nigeria
HAVING firmly and solemnly resolved:
TO LIVE in unity and harmony as one indivisible and indissoluble sovereign nation under God dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding:
AND TO PROVIDE for a Constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people
DO HEREBY MAKE, ENACT AND GIVE to ourselves the following Constitution:-
CHAPTER I: General Provisions
Part I: Federal Republic of Nigeria
Supremacy of the Constitution
(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.
The Federal Republic of Nigeria
(2) Nigeria shall be a Federation consisting of States and a Federal Capital Territory.
States of the Federation and the Federal Capital territory
(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 Government 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 shall be as defined in Part II of the said First Schedule.
(5) The provisions of this Constitution in Part I of Chapter VIII hereof shall, in relation to the Federal Capital Territory, have effect in the manner set out thereunder.
PART II: Powers of the Federal Republic of Nigeria
Legislative Powers
(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.
Executive powers
(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,
but such executive powers shall be so exercised as not to impede or prejudice the exercise of the executive powers of the Federation or 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.
Judicial powers
(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 (f) 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) 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) any House of Assembly, which does not require it, from abolishing any court established under paragraph (a) of this subsection or to which subsection 5 (e) and (f) of this section relates.
(5) This section relates to:-
(a) the Supreme Court of Nigeria;
(b) the Federal Court of Appeal;
(c) the Federal High Court;
(d) a High Court of a State;
(e) a Sharia Court of Appeal of a State;
(f) a Customary Court of Appeal of a State;
(g) 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
(h) such other court as may be authorised by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House of Assembly may make laws.
(6) The judicial powers vested in accordance with the foregoing provisions of this section –
(a) shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law;
(b) shall extend, to all matters between persons, or between government or authority and any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person;
(c) shall not, except as otherwise provided by this Constitution, extend to any issue or question as to whether any act or 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; and
(d) shall not, as from the date when this section comes into force, extend to any action or proceedings relating to any existing law made on or after 15th January, 1966 for determining any issue or question as to the competence of any authority or person to make any such law.
Local government system
(2) The person authorised by law to prescribe the area over which a local government council may exercise authority shall-
(a) define such area as clearly as practicable; and
(b) ensure, to the extent to which it may be reasonably justifiable, that in defining such area regard is paid to –
(i) the common interest of the community in the area;
(ii) traditional association of the community; and
(iii) administrative convenience.
(3) It shall be the duty of a local government council within the State to participate in economic planning and development of the area referred to in subsection (2) of this section and to this end an economic planning board shall be established by a Law enacted by the House of Assembly of the State.
(4) The Government of a State shall ensure that every person who is entitled to vote or be voted for at an election to House of Assembly shall have the right to vote or be voted for at an election to a local government council.
(5) The functions to be conferred by Law upon local government councils 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.
New States and boundary adjustment
(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.
Mode of altering provisions of the Constitution
(2) An Act of the National Assembly for the alteration of this Constitution, not being an Act to which section 8 of this Constitution applies, shall not be passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by resolution of the Houses of Assembly of not less than two-thirds of all the States.
(3) An Act of the National Assembly for the purpose of altering the provisions of this section, section 8 or Chapter IV of this Constitution shall not be passed by either House of the National Assembly unless the proposal is approved by the votes of not less than four-fifths majority of all the members of each House, and also approved by resolution of the House of Assembly of not less than two-third of all States.
(4) For the purposes of section 8 of this Constitution and of subsections (2) and (3) of this section, the number of members of each House of the National Assembly shall, notwithstanding any vacancy, be deemed to be the number of members specified in sections 44 and 45 of this Constitution.
Prohibition of State Religion
Public order and public security
(2) Nothing in this section shall preclude a House of Assembly from making laws with respect to the matters 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.
(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.
Implementation of treaties
(2) The National Assembly may make laws for the Federation or any part thereof with respect to matters not included in the Exclusive Legislative List for the purpose of implementing a treaty.
(3) A bill for an Act of the National Assembly passed pursuant to the provisions of subsection (2) of this section shall not be presented to the President for assent, and shall not be enacted, unless it is ratified by a majority of all the House of Assembly in the Federation.
CHAPTER II: Fundamental Objectives and Directive Principles of State Policy
Fundamental obligations of Government
The Government and the People
(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 manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies.
(4) The composition of the Government of a State, a local government council, or any of the agencies of such Government or council, and the conduct of the affairs of the Government or council or such agencies shall be carried out in such manner as to recognise the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the people of the Federation.
Political Objectives
(2) Accordingly, national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited.
(3) For the purpose of promoting national integration it shall be the duty of the State to:
(a) provide adequate facilities for and encourage free mobility of people, goods and services throughout the Federation;
(b) secure full residence rights for every citizen in all parts of the Federation;
(c) encourage inter-marriage among persons from different places of origin, or of different religious, ethnic or linguistic association or ties; and
(d) promote or encourage the formation of associations that cut across ethnic, linguistic, religious and or other sectional barriers.
(4) The State shall foster a feeling of belonging and of involvement among the various people of the Federation, to the end that loyalty to the nation shall override sectional loyalties.
(5) The State shall abolish all corrupt practices and abuse of power.
Economic Objectives
(a) 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;
(b) 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;
(c) without prejudice to the right of any person to participate in areas of the economy within the major sector of the economy, protect the right of every citizen to engage in any economic activities outside the major sectors of the economy.
(2) The State shall direct its policy towards ensuring:
(a) the promotion of a planned and balanced economic development;
(b) that the material resources of the community 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 and sick benefits 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 the same; and
(b) to administer any law for the regulation of the ownership and control of such enterprises.
(4) For the purposes of subsection (1) of this section –
(a) the reference to the “major sectors of the economy” shall be construed as a reference to such economic activities as may from time to time be declared by a resolution of each House of the National Assembly to be managed and operated exclusively by the Government of the Federation; and until a resolution to the contrary is made by the National Assembly, economic activities being operated exclusively by the Government of the Federation on the date immediately preceding the day when this section comes into force, whether directly or through the agencies of a statutory or other corporation or company, shall be deemed to be major sectors of the economy;
(b) “economic activities” includes activities directly concerned with the production, distribution and exchange of wealth or of goods and services; and
(c) “participate” includes the rendering of services and supplying of goods.
Social Objectives
(2) In furtherance of the social order-
(a) every citizen shall have equality of rights, obligations and opportunities before the law;
(b) the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced;
(c) governmental actions shall be humane;
(d) exploitation of human or natural resources in any form whatsoever for reasons, other than the good of the community, shall be prevented; and
(e) the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained.
(3) The State shall direct its policy towards ensuring that-
(a) all citizens without discrimination on any ground whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunities to secure suitable employment;
(b) conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life;
(c) the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused;
(d) there are adequate medical and health facilities for all persons:
(e) there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever;
(f) children, young persons and the aged are protected against any exploitation whatsoever, and against moral and material neglect; and
(g) provision is made for public assistance in deserving cases or other conditions of need;
Educational Objectives
(2) Government shall promote science and technology.
(3) Government shall strive to eradicate illiteracy; and to this end Government shall as and when practicable provide-
(a) free, compulsory and universal primary education;
(b) free secondary education;
(c) free university education; and
(d) free adult literacy programme.
Foreign Policy Objectives
Directive on Nigerian Culture
Obligations of the Mass Media
National Ethics
CHAPTER III: Citizenship
Citizenship by birth
(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.
Citizenship by registration
(a) he is a person of good character;
(b) he has shown a clear intention of his desire to be domiciled in Nigeria; and
(c) he has taken the Oath of Allegiance prescribed in the Sixth Schedule to this Constitution.
(2) The provisions of this section shall apply to-
(a) any woman who is or has been married to a citizen of Nigeria; or
(b) every person of full age and capacity born outside Nigeria any of whose grandparents is a citizen of Nigeria.
Citizenship by Naturalisation
25.(1)Subject to the provisions of section 26 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 of naturalisation, unless he satisfies the President that –
(a) he is a person of full age and capacity;
(b) he is a person of good character;
(c) he has shown a clear intention of his desire to be domiciled in Nigeria;
(d) he is, in the opinion of the Governor of the State where he is or he proposes to be resident, acceptable to the local community in which he is to live permanently, and has been assimilated into the way of life of Nigerians in that part of the Federation;
(e) he is a person who has made or is capable of making useful contribution to the advancement, progress and well-being of Nigeria;
(f) he has taken the Oath of Allegiance prescribed in the Sixth 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 15 years; or
(ii) resided in Nigeria continuously for a period of 12 months, and during the period of 20 years immediately preceding that period of 12 months has resided in Nigeria for periods amounting in the aggregate to not less than 15 years.
Avoidance of dual Citizenship
(2) Any registration of a person as a citizen of Nigeria or the grant of a certificate of naturalisation to a person who is a citizen of a country other than Nigeria at the time of such registration or grant shall be conditional upon effective renunciation of the citizenship or nationality of that other country within a period of not more than 12 months from the date of such registration or grant.
(3) A citizen of Nigeria by birth shall not forfeit his Nigerian citizenship if, within 12 months of the coming into force of the provisions of this chapter or of his attaining the age of 21 years( whichever is the later)he renounces the citizenship or nationality of any other country which he may possess.
Deprivation of citizenship
(2) The President shall deprive a person, other than a person who is citizen of Nigeria by birth, of his citizenship, if he is satisfied from the records of proceedings of a court of law or other tribunal, or after due inquiry in accordance with regulations made by him, that –
(a) the person has shown himself by act or speech to be disloyal towards the Federal Republic of Nigeria; or
(b) the person has, during any war in which Nigeria was engaged, unlawfully traded with the enemy or been engaged in or associated with any business that was in the opinion of the president carried on in such a manner as to assist the enemy of Nigeria in that war, or unlawfully communicated with such enemy to the detriment of or with intent to cause damage to the interest of Nigeria.
Persons deemed to be Nigerian citizens.
Power to make regulations
(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
Right to life
(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.
Respect to dignity of human person
(a) no person shall be subjected 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 or; 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;
(c) 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
(d) any labour or service that forms part of –
(i) normal communal or other civic obligations for 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.
Right to personal liberty
(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 18 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) 2 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) 3 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 40 kilometres, a period of one day; and
(b) in any other case, a period of 2 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 3 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.
Right to fair hearing
(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:
(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 –
(a) to be informed promptly in the language that he understands and in detail of the nature of the offence;
(b) to be given adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or by legal practitioners of his own choice;
(d) to examine, in person or by his legal practitioners, the witnesses called by the prosecution before any court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to the witnesses called by the prosecution; and
(e) to 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 shall keep a record of the proceedings and the accused person or any person authorised by him in that behalf shall be entitled to obtain copies of the judgment in the case within 7 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 therefore 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.
(13) The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsections (1) and (4) of this section (including the announcement of decisions of the court or tribunal) shall be held in public:
Provided that-
Right to private and family life
Right to freedom of thought, conscience and religion
(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, and for the purposes of this subsection, “a secret society” means a society or association not being a solely cultural or religious body, that uses secret signs, oaths, rites or symbols-
(a) whose meetings or other activities are held in secret; and
(b) whose members are under oath, obligation or other threat to promote the interest of its members, or to aid one another under all circumstances without due regard to merit, fair play or justice,
to the detriment of the legitimate expectation of those who are not members.
Right to freedom of expression and the press
(2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions:
Provided that no person, other than the Government of the Federation or of a State or any other person or body authorised by the President, shall own, establish or operate a television or wireless broadcasting station for any purpose whatsoever.
(3) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society –
(a) for the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films; or
(b) imposing restrictions upon persons holding office under the Government of the Federation or of a State, members of the armed forces of the Federation or members of the Nigeria Police Force.
Right to peaceful assembly and association
Provided that-
Right to Freedom of movement
(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-
(i) to be tried outside Nigeria for any criminal offence, or
(ii) to 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.
Right to freedom from discrimination
(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.
Compulsory acquisition of property
(a) requires the prompt payment of compensation therefor; 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 judgments or orders of court;
(f) providing for the taking of possession of property that is in a dangerous state or is injurious to the health of human beings, plants or animals;
(g) relating to enemy property;
(h) relating to trusts and trustees;
(i) relating to limitation of actions;
(j) relating to property vested in bodies corporate directly established by any law in force in Nigeria;
(k) relating to the temporary taking of possession of property for the purpose of any examination, investigation or enquiry;
(l) providing for the carrying out of work on land for the purpose of soil-conservation; or
(m) subject to prompt payment of compensation for damage to buildings, economic trees or crops, providing for any authority or person to enter, survey or dig any land, or to lay, install or erect poles, cables, wires, pipes, or other conductors or structures on any land, in order to provide or maintain the supply or distribution of energy, fuel, water, sewage, telecommunication services or other public facilities or public utilities.
(3) Notwithstanding the foregoing provisions of this section, the entire property in and control of all minerals, mineral oils and natural gas in, under or upon any land in Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the Government of the Federation and shall be managed in such manner as may be prescribed by the National Assembly.
Restriction on and derogation to fundamental rights
(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 of 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 30 or 32 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 30 of this Constitution, except in respect of death resulting from acts of war or authorise any derogation from the provisions of section 33(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 265 of this Constitution.
Special jurisdiction of High Court and legal aid
(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
Establishment of the National Assembly
Composition of the Senate
Composition of the House of Representatives
President of the Senate and Speaker of the House of Representatives
(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.
Staff of the National Assembly
B – Procedure for Summoning and Dissolution of National Assembly
Oaths of members
(2) The President and Deputy President of the Senate and the Speaker and the Deputy Speaker of the House of Representatives shall take and subscribe the Oath of Allegiance and the oath of membership prescribed as aforesaid before the Clerk of the National Assembly.
Presiding at sittings of the National Assembly and at joint sittings
(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 the President of Senate shall preside, and in his absence the Speaker of the House of Representatives shall preside.
(3) In the absence of the person mentioned in the foregoing provisions of this section, such member of the Senate or the House of Representatives as the Senate or the House of Representatives may elect for that purpose shall preside.
Quorum
50.(1)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.
(2) 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.
Languages
Voting
(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.
Unqualified persons sitting or voting: penalties
Mode of exercising Federal legislative power: general
(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 55 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 2 Houses on any amendment made on it.
(4) Where a bill is presented to the President for assent, he shall within 30 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.
Mode of exercising Federal legislative power: money bills
(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 2 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 2 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 30 days after the presentation of the bill to him fails to signify his assent or where he withholds assent, then the bill shall again be presented to the National Assembly sitting at a joint meeting, and if passed by two-thirds majority of members of both houses at such joint meeting, the bill shall become law and the assent of the President shall not be required.
(5) In this section, “joint finance committee” refers to the joint committee of the National Assembly on finance established pursuant to section 58(3) of this Constitution.
Regulation of procedure
Vacancy not to invalidate proceedings
Committees
(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.
Sittings
Dissolution and issue of proclamations by President
(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 6 months at any one time.
(3) Subject to the provisions of this Constitution, the person elected as the President shall have power to issue a proclamation for the holding of the first session of the National Assembly immediately after his being sworn in, or for its dissolution as provided in this section.
C – Qualifications for Membership of National Assembly and Right of Attendance
Qualifications for election
(a) a person shall be qualified for election as a member of the Senate, if he is a citizen of Nigeria and has attained the age of 30 years; and
(b) a person shall be qualified for election as a member of the House of Representatives, if he is a citizen of Nigeria and has attained the age of 21 years;
Disqualifications
(a) 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 court of law in Nigeria or a sentence of imprisonment for an offence involving dishonesty or fraud (by whatever name called) exceeding 6 months imposed on him by such a court 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 Nigeria;
(f) he is a person employed in the public service of the Federation or of any State.
(2) Where in respect of any person who has been adjudged to be a lunatic; declared to be of unsound mind; sentenced to death or imprisonment; or 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; and for the purposes of this subsection, 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.
Right of attendance of President
(2) A Minister of the Government of the Federation shall attend either House of the National Assembly if invited to explain 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.
Tenure of seats of members
(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;
(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; or
(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 2 or more political parties or factions by one of which he was previously sponsored.
(2) A member of the Senate or 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.
D – Elections to National Assembly
Senatorial districts and Federal constituencies
(a) divide each State of the Federation into 5 Senatorial districts for purposes of elections to the Senate; and
(b) divide the Federation into 450 Federal constituencies for purposes of elections to the House of Representatives.
Size of Senatorial districts and Federal Constituencies
Periodical review of Senatorial districts and Federal constituencies
(2) Notwithstanding subsection (1) of this section, the 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 3 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.
Time when alteration of Senatorial districts or Federal constituencies take effect
Ascertainment of population
Time of election to the National Assembly
(2) The date mentioned in subsection (1) of this section shall not be earlier than 60 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 3 months before such date; not later than one month after the vacancy occurred.
Direct election and franchise
(2) Every citizen of Nigeria, who has attained the age of 18 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.
Supervision of election
Power of the National Assembly as to determination of certain questions
73.-(1) The National Assembly shall make provisions as respects –
(a) persons who may apply to the competent High court for the 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 competent High Court in relation to any such application.
(2) In this section, “competent High Court” has the meaning assigned to it in section 237 of this constitution.
E – Powers and Control over Public Funds
Establishment of Consolidated Revenue Fund
74.-(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 75 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.
Authorisation of expenditure from Consolidated Revenue Fund
75.-(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) If in respect of any financial year it is found –
(a) that the amount appropriated by the Appropriation Act for any purpose is insufficient; or
(b) that 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.
Authorisation of expenditure in default of appropriations
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.
Contingencies Fund
(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.
Remuneration of the President and certain other officers
(2) The 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 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 Federal Court of Appeal, Justice of the Federal Court of Appeal, Chief Judge of the Federal High Court, Judge of the Federal High Court, the Auditor-General for the Federation and the Chairmen and members of the following executive bodies, namely the Federal Civil Service Commission, the Federal Electoral Commission, the Federal Judicial Service Commission, Police Service Commission and the National Population Commission.
(5) Provisions may be made by an Act of the National Assembly for the grant of a pension or gratuity to or in respect of a person who has held office as President or Vice-President and was not removed from office as a result of impeachment; any pension granted by virtue of any provision made in pursuance of this subsection shall be a charge upon the Consolidated Revenue Fund of the Federation.
(6) The recurrent expenditure of judicial offices of the Federation (in addition to salaries and allowances of the judicial officers mentioned in subsection (4) of this section) shall be a charge upon the Consolidated Revenue Fund of the Federation.
Audit of Public accounts
(2) The public accounts of the Federation and of all offices, courts and authorities of the Federation, including all persons and bodies established by law entrusted with the collection and administration of public moneys and assets, shall be audited and reported on by the Auditor-General; 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) The Auditor-General shall submit his reports 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.
(4) 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.
Appointment of Auditor-General
(2) 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 6 months.
Tenure of office of Auditor- General
(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.
Power to conduct investigations
(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 –
(a) to make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and
(b) to 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.
Power as to matters of evidence
(a) to 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) to require such evidence to be given on oath;
(c) to 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 to 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) to 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 to order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine as may be prescribed for any such failure, refused or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.
(2) A summons or warrant issued under this section may be served or executed by any member of the Nigeria Police Force or by any person authorised in that behalf by the President of the Senate or the Speaker of the House of Representatives, as the case may require.
Part II: House of Assembly of a State
A – Composition and Staff of House of Assembly
Establishment of House of Assembly of Each State
Composition of House of Assembly
Speaker of the House of Assembly
(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 of which he was a member 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.
Staff of House of Assembly
B – Procedure for Summoning and Dissolution of House of Assembly
Oaths of Members
(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.
Presiding at Sittings
(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.
Quorum
Languages
Voting
(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.
Unqualified Persons Sitting or Voting: penalties
Mode of exercising Legislative power of a State
(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.
Regulation of Procedure
Vacancy or participation of strangers not to invalidate proceedings
Committees
(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.
Sittings
Dissolution and issue of proclamations by Governor
(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 6 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
Qualifications for election
Disqualifications
(a) 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 court of law in Nigeria or a sentence of imprisonment for an offence involving dishonesty (by whatever name called) exceeding 6 months imposed on him by such a court or substituted by a competent authority for any other sentence imposed on him by such a court;
(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.
(2) Where in respect of any person who has been adjudged to be a lunatic; declared to be of unsound mind; sentenced to death or imprisonment; or 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; and for the purpose of this subsection, 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.
Right of attendance of Governor
(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.
Tenure of seats of members
(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;
(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; or
(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.
(2) 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.
D – Elections to a House of Assembly
State Constituencies
Size of State constituencies
Periodical review of State constituencies
(2) The Federal 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.
Time when alteration of State constituencies takes effect
Tenure of elections to Houses of Assembly
(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.
Direct election and franchise
(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.
Supervision of election
Power of National Assembly as to the determination of certain questions
(a) persons who may apply to the competent High Court 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 competent High Court in relation to any such application.
(2) In this section, “competent High Court” has the meaning assigned to it in section 237 of this Constitution.
E – Powers and Control over Public Funds
Establishment of Consolidated Revenue Fund
(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 113 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.
Authorisation of expenditure from Consolidated Revenue Fund
(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) If in respect of any financial year, it is found –
(b) that 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.
Authorisation of expenditure in default of appropriations
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.
Contingencies Fund
(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.
Remuneration of the Governor and certain other officers
(2) The 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 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, Chief Judge and Judges of the High Court of a State, Grand Kadi and Kadis of Sharia Court of Appeal of a State, President and Judges of the Customary Court of Appeal of a State, the Director of Audit of a State and the Chairman and members of the following bodies, that is to say, the State Electoral Commission, the State Civil Service 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.
(6) The recurrent expenditure of judicial officers of the State (in addition to salaries and allowances of the judicial officers mentioned in subsection (4) of this section) shall be a charge upon the Consolidated Revenue Fund of the State.
Audit of Public Accounts
(2) The public accounts of a State and of all offices, courts and authorities of the State, including all persons and bodies established by Law entrusted with the collection and administration of public moneys and assets, shall be audited and reported on by the Director of Audit; and for that purpose the Director of Audit 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) The Director of Audit shall submit his reports to the House of Assembly of the State and the House shall cause the reports to be considered by a committee of the House responsible for public accounts.
(4) 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.
Appointment of Director of Audit of a State
(2) Power to appoint persons to act in the office of the Director of Audit 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.
Tenure of office of Director of Audit
(2) The Director of Audit 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.
Power to conduct investigations
(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.
Power as to matters of evidence
(a) to 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) to require such evidence to be given on oath;
(c) to summon any person in Nigeria to give evidence at any place or to 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) to 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 1 The Federal Executive
A – The President of the Federation
Establishment of the office of the 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.
Qualification for election as President
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of 35 years;
Election of the President: general
(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 Federal Electoral Commission shall extend the time for nomination.
(4) For the purpose of an election to the office of President, the whole of country 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.
Election: single Presidential candidate
(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,
but where the only candidate fails to be elected in accordance with this section, then there shall be fresh nominations.
Election: more than one presidential candidate
(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.
(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.
(3) In 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 Federal 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.
(5) In default of a candidate duly elected under subsection (4) of this section, the Federal 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.
Tenure of office of President
(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.
Disqualification
(a) he does any act, acquires any status or suffers any disability which if he were a member of the Senate, would have disqualified him from membership of the Senate; or
(b) he has been elected to such office at any two previous elections.
(2) The President shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever.
Oaths of President
(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.
Establishment of the office of the Vice President
Nomination and election of Vice President
(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualification, and oaths of President shall apply in relation to the office of Vice-President as if references to President were references to Vice-President.
Removal of President from office
(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 President of the Senate shall cause the allegation to be investigated by a committee of 7 persons who in his opinion are of high integrity, and who shall have been nominated and, with the approval of the Senate appointed by the President of the Senate to conduct the investigation.
(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 Committee 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 Committee 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 Committee 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 Committee 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 Committee 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.
Permanent incapacity of President
(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.
Discharge of functions of President
(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 or removal in accordance with section 132 or 134 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.
Ministers of Federal Government
(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.
Executive responsibilities of Ministers
(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.
Oath of Ministers
Attorneys-General of the Federatiion
(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.
Special Advisers
(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.
B – Establishment of certain Federal Executive Bodies
Federal Commissions and Councils
(a) Council of State;
(b) Federal Civil Service Commission;
(c) Federal Electoral Commission
(d) Federal Judicial Service Commission;
(e) National Defence Council;
(f) National Economic Council;
(g) National Population Commission;
(h) National Security Council;
(i) Police Service Commission; and
(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.
Appointment of Chairman and members
(2) In exercising his powers to appoint a person as Chairman or member of the Council of State, 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 Federal Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State.
Tenure of office of members
(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.
Qualification for membership
(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.
Removal of members
(2) This section applies to the offices of the Chairman and members of the Federal Civil Service Commission, Council of State, Federal Electoral Commission, Federal Judicial Service Commission, National Population 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 193 of this Constitution.
Independence of certain bodies
(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.
Quorum and decisions
(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.
Powers and Procedure
(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.
Interpretation
(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; and
(c) any reference to “member” of a body established by section 140 of this Constitution shall be construed as including a reference to the Chairman of that body; and
C- Public Revenue
Distributable pool account
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
Allocation of other Revenues
(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.
Federal grant in aid of State revenue
Cost of collection of certain duties
Set off
(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.
Sums charged on Consolidated Revenue Fund
Provisions with regard to payment
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
Federal Civil Service Commission: power to delegate function
Presidential appointments
(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 or other chief executive in any Ministry or Department of 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 the members of 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.
Code of Conduct
Protection of pension rights
(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.
Public prosecutions
(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 judgment 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.
Prerogative of mercy
(a) grant any person concerned with or convicted of any offence created by an Act of the National Assembly a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or
(d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the State on account of such an offence.
(2) The powers of the President under subsection (1) of this section shall be exercised by him after consultation with the Council of State.
(3) The President, acting in accordance with the advice of the Council of State, may exercise his powers under subsection (1) of this section in relation to persons concerned with offences against the army, naval or air-force law or convicted or sentenced by a court-martial.
Part II: State Executive
A – Governor of a State
Establishment of the office of the Governor
(2) The governor of a shall be the Chief Executive of that state
Qualification for election as Governor
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of thirty-five years;
Election of Governor
(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 Federal 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.
(6) 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.
(7) 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.
(8) In default of a candidate duly elected in accordance with subsection (7) of this section there shall be a second election in accordance with subsection (9) 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.
(9) In default of a candidate duly elected under subsection (7) of this section, the Federal 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.
(10) In default of a candidate duly elected under subsection (9) of this section, the Federal 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.
Tenure of office of Governor
(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.
Disqualifications
(a) he does any act, acquires any status or suffers any disability which, if he were a member of the Senate, would have disqualified him from membership of the Senate; or
(b) he has been elected to such office at any two previous elections.
(2) A governor shall, during the period when he holds office, cease to hold any other executive office or paid employment in any capacity whatsoever.
Oaths of Governor
(2) The oaths aforesaid shall be administered by the Chief Judge of the High Court 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.
Establishment of the office of Deputy Governor
Nomination and election of Deputy Governor
(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualifications, and oaths of Governor shall apply in relation to the office of Deputy Governor as if references to Governor were references to Deputy Governor.
Removal of Governor or Deputy Governor 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-
(a) is presented to the Speaker of the House of Assembly of a State;
(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 speaker of the House of Assembly shall cause the allegation to be investigated by a committee of seven persons who in his opinion are of high integrity, not being members of any public service, legislative house or political party, and who shall have been nominated and, with the approval of the House of Assembly, appointed by the Speaker to conduct the investigation.
(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 Committee 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 Committee 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 Committee 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 Committee 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 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.
Permanent incapacity of Governor or Deputy Governor
(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.
Discharge of functions of Governor
(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 or removal in accordance with section 170 or 171 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.
Commissioners of State Government
(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.
Executive responsibilities of Commissioners
(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.
Oaths of Commissioners
Attorney General of a 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.
Special Advisers
(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.
B – Establishment of Certain State Executive Bodies
State Commissions and Council
(a) State Civil Service Commission;
(b) State Council of Chiefs;
(c) State Electoral Commission; and
(d) 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.
Appointment of Chairman and members
Tenure of office of members
(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.
Qualification for membership
(a) he is not qualified or if he is disqualified for election as a member of a House of Assembly;
(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 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.
Removal of members
(2) This section applies to the Offices of the Chairman and members of the State Civil Service Commission, the State Electoral Commission and the State Judicial Service Commission.
Independence of certain bodies
Quorum and decisions
(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.
Powers and procedure
(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.
Interpretation
(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 178 of this Constitution shall be construed as including a reference to the Chairman of that body; and
C – The Public Service of a State
State Civil Service Commission: power of delegation
Appointments by Governor
(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 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.
Code of Conduct
Protection of pension rights
(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.
Public prosecutions
(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 judgment 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
Prerogative of mercy
(a) grant any person concerned with or convicted of any offence created by any law of a state a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, of the execution of any punishment imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any person for such an offence; or
(d) remit the whole or any part of punishment for any punishment imposed on that person for such any offence or of any penalty forfeiture otherwise due to the state on account of such an offence.
(2) The powers of the governor under subsection (1)of this section shall be exercised by him after consultation with such advisory council of the state on prerogative of mercy as may be established by law of the State.
Part III: Supplemental
A – National Population Census
National Population census
(2) The President shall within a period of thirty days after receipt 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 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 whatsoever.
(5) Where the President accepts 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.
B – Nigeria Police Force
Establishment of Nigeria Police Force
(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.
Appointment of Inspector-General and control of Nigeria Police Force
(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.
Delegation of powers to the Inspector-General of Police
(2) Before making any appointment to the office of the Inspector-General of Police or removing him from office the President shall consult the Police Service Commission.
C – Armed Forces of the Federation.
Establishment and composition of the armed forces of the Federation
197 (1)The Federation shall, subject to an Act of the National Assembly made in that behalf, equip and maintain an Army, a Navy, an Air Force and such other branches of the armed forces of the Federation as may be considered adequate and effective for the purpose of –
(a) defending Nigeria from external aggression;
(b) maintaining its territorial integrity and securing its borders from violation on land, sea, or air;
(c) suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly; and
(d) performance such other functions as may be prescribed by an Act of the National Assembly.
(3) The composition of the officer corps and other ranks of the armed forces of the Federation shall reflect the federal character of Nigeria.
Command and operational use
(2) The powers conferred on the President by subsection (1) of this section shall include power to appoint the Chief of Defence Staff, Head of the Army, Head of the Navy, Head of the Air Force 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.
Establishment of body to ensure federal character of armed forces
(a) in giving effect to the functions specified in section 197 of this Constitution; and
(b) with respect to the powers exercisable by the President under section 198 of this Constitution, by an Act, established a body which shall comprise such members as the National Assembly may determine, and which shall have power to ensure that the composition of the armed forces of the Federation shall reflect the federal character of Nigeria in the manner prescribed in the said section 197 of this Constitution.
Compulsory military service
(2) Until an Act of the National Assembly is made in that behalf the President may maintain adequate facilities in any secondary or post-secondary educational institution in Nigeria for giving military training in any such institution which desires to have the training.
D – Political Parties
Prohibition of political activities by certain associations
Restriction on formation of political parties
(a) the names and addresses of its national officers are registered with the Federal Electoral Commission;
(b) the membership of the association is open to every citizen of Nigeria irrespective of his place of origin, sex, religion or ethnic grouping;
(c) a copy of its constitution is registered in the principal office of the Commission in such form as may be prescribed by the Commission;
(d) any alteration in its registered constitution is also registered in the principal office of the 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 Capital of the Federation.
Constitution and rules
(a) 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 party shall be deemed to reflect the federal character of Nigeria only if the members thereof belong to different states not being less in number than two-thirds of all the states comprising the Federation.
Aims and objectives
Finances of political parties
(2) Every political party shall submit to the Federal 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 hold or possess any funds or other assets outside Nigeria nor shall it be entitled to retain any funds or assets remitted or sent to it from outside Nigeria and any such 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.
(4) 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.
(5) 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.
Annual report on finances
(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 have a right of access at all times to the books and accounts and vouchers of all political parties and shall be entitled to require from the officers of the political party such information and explanation as he thinks necessary for the performance of his duties under this Constitution; and if the member of the Commission or such agent fails or is unable to obtain all the 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.
Prohibition of quasi-military organization
Powers of the National Assembly with respect to political parties
(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 201, 205(3) and 207 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 205(3) of this Constitution;
(c) for an annual grant to the Federal 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.
Interpretation
“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 VIII: The Judicature
Part I: Federal Courts
A – The Supreme Court of Nigeria
Establishment of the 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 15, as may be prescribed by an Act of the National Assembly.
Appointment of Justices of the Supreme Court
(2) The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the advice of the Federal Judicial Service Commission subject to approval by a simple majority of 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 functions shall be performed by a person to be designated from time to time by the President acting in his discretion, from among the Justices of the Supreme Court.
(5) Except with the approval of the Senate, 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.
Original jurisdiction
(2) An appeal shall lie form decisions of the Federal 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 Federal 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 Federal Court of Appeal or in which the Federal Court of Appeal has affirmed a sentence of death imposed by any other court;
(e) decisions on any question whether any person has been validly elected to any office under this Constitution or to the membership of any legislative house or whether the term of office of any person has ceased or the seat of any person in a legislative house has become vacant; and
(f) such other cases as may be prescribed by any law in force in any State.
(3) Subject to the provisions of subsection (2) of this section, an appeal shall lie from the decisions of the Federal Court of Appeal to the Supreme Court with the leave of the Federal 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 Federal Court Appeal in respect of any civil or criminal proceedings in which leave to appeal is necessary after consideration of 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 Federal 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 Federal Court of Appeal or the Supreme Court 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.
(6) Any right of appeal to the Supreme Court form the decisions of the Federal Court of Appeal conferred by this section shall, subject to section 216 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.
Constitution
Provided that where the Supreme Court is sitting to consider an appeal brought under 213(2) (b) or (c) of this Constitution, or to exercise its original jurisdiction in accordance with section 212 of this Constitution, the Court shall be constituted by seven Justices.
Finality of determinations
Practice and procedure
B – The Federal Court of Appeal
Establishment of the Federal Court of Appeal
(2) The Federal Court of Appeal shall consist of –
(a) a President of the Federal Court of Appeal; and
(b) such number of Justices of the Federal Court of Appeal, not less than 15 of which not less than three shall be learned in 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.
Appointment of Justices of the Federal Court of Appeal
(2) The appointment of a person to the office of a Justice of the Federal Court of Appeal shall be made by the President on the recommendation of the Federal Judicial Service Commission.
(3) A person shall not be qualified to hold the office of a Justice of the Federal 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 Federal 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 functions shall be performed by a person to be designated from time to time in that behalf by the President of the Federal Republic of Nigeria, acting in his discretion from among the Justices of the Federal Court of Appeal.
(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.
Jurisdiction
Appeals as of Right from a High Court
(a) final decisions in any civil or criminal proceedings before the 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
(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.
(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.
Appeals from Sharia Court of Appeal of a State
(2) Any right of appeal to the Federal Court of Appeal from the decisions of a Sharia Court of Appeal conferred by this section –
(a) shall be exercisable at the instance of a party thereto or, with the leave of the Sharia Court of Appeal or of the Federal Court of Appeal, at the instance of any other person having an interest in the matter; and
(b) shall be 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 Federal Court of Appeal.
Appeals from Customary Court of Appeal of a State
(2) Any right of appeal to the Federal Court of Appeal from the decisions of a Customary Court of Appeal conferred by this section –
(a) shall be exercisable at the instance of a party thereto or, with the leave of the Customary Court of Appeal or of the Federal Court of Appeal, at the instance of any other person having an interest in the matter;
(b) shall 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 Federal Court of Appeal.
Appeals from Code of Conduct Tribunal and other courts and tribunals
(2) The National Assembly may confer jurisdiction upon the Federal Court of Appeal to hear and determine appeals from any decision of any other court of law or tribunal established by the National Assembly.
Constitution of the Federal Court of Appeal
(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.
Practice and procedure
C – The Federal High Court
Establishment of the 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.
Appointment of Chief Judge and Judges
(2) A person shall not be qualified to hold the office of a 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.
(3) 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 functions shall be performed by a person to be designated from time to time in that behalf by the President, acting in his discretion, from among the Judges of the Federal High Court.
(4) Except with the approval of the Senate, an appointment pursuant to the provisions of subsection (3) of this section shall cease to have effect after the expiration of 3 months from the date of such appointment and the President shall not re-appoint a person whose appointment has lapsed.
Jurisdiction
(a) in such matters connected with or pertaining to the revenue of the Government of the Federation as may be prescribed by the National Assembly; and
(b) in such other matters as may be prescribed as respects which the National Assembly has power to make laws.
(2) Notwithstanding subsection (1) of this section where by law any court established before the date when this section comes into force is empowered to exercise jurisdiction for the hearing and determination of any of the matters to which subsection (1) of this section relates, such court shall as from the date when this section comes into force be restyled “Federal High Court”, and shall continue to have all the powers and exercise the jurisdiction conferred upon it by any law.
Powers
(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.
Constitution
Practice and procedure
Part II: State Courts
A – High Court of a State
Establishment of High Court for each State
(2) The High Court of a State shall consist of –
(a) a Chief Judge of the High Court 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.
Appointment of Chief Judge and Judges
(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 State Judicial Service Commission.
(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 functions shall be performed by a person to be designated from time to time in that behalf by the Governor of the State acting in his discretion, from among the Judges of the High Court of the State.
(5) Except with the approval of the House of Assembly of the State, 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.
Jurisdiction: general
(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.
Jurisdiction as to certain proceedings
(2) In this section, “competent High Court” means-
(a) in any case involving the office of President or Vice-President, the Federal High Court and on the coming into force of section 262 of this Constitution the High Court of the Federal Capital Territory established pursuant to section 263 of this Constitution:
(b) in any case involving any other office, the High Court of the State as respect which such office is established under this Constitution;
(c) in any case involving the membership of or the seat of a person in a legislative house, the High Court of the State where the Senatorial district , Federal constituency or State constituency of that member or person is located.
Constitution
Practice and procedure
B – Sharia Court of Appeal of a State
Establishment of Sharia Courts of Appeal
(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 Kadis of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State.
Appointment of Grand Kadi and Kadis
(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 State Judicial Service Commission.
(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 has attended and has obtained a recognised qualification in Islamic law from an institution approved by the State Judicial Service Commission and has held the qualification for a period of not less than ten years; and
(b) he either has considerable experience in the practice of Islamic law or he is a distinguished scholar of Islamic personal 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 functions of that office, or until the person holding the office has resumed those functions, the functions shall be performed by a person to be designated from time to time in that behalf by the Governor of the State acting in his discretion, from among the Kadis of the Sharia Court of Appeal.
(5) Except with the approval of the House of Assembly of the State, 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.
Jurisdiction
(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 moslems, 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 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 moslem;
(d) any question of Islamic personal Law regarding an infant, prodigal or person of unsound mind who is a moslem or the maintenance or the guardianship of a moslem who is physically or mentally infirm; or
(e) where all the parties to the proceedings, (whether or not they are moslems) 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.
Constitution
Practice and procedure
C – Customary Court of Appeal of a State
Establishment of Customary Court of Appeal
(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.
Appointment of President and Judges
(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 acting on the recommendation of the State Judicial Service Commission.
(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 in the opinion of the State Judicial Service Commission, 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 functions shall be performed by a person to be designated from time to time in that behalf by the Governor of the State, acting in his discretion, from among the Judges of the Customary Court of Appeal of the State.
(5) Except with the approval of the House of Assembly of the State, 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.
Jurisdiction
(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.
Constitution
Practice and procedure
Part III: Supplemental
Jurisdiction of State Courts in respect of Federal cases
(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 263 and 264 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.
Enforcement of decisions
(2) The decisions of the Federal 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 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.
Appointment of persons learned in Islamic personal law and customary law
(2) For the purposes of any appointment pursuant to the provisions of this Chapter, except where otherwise provided –
(a) a person shall be deemed to be learned in Islamic personal law-
(i) if he has attended and has obtained a recognized qualification in Islamic personal law from an institution approved by the Federal Judicial Service Commission and has held the qualification for a period of not less than 15 years, and
(ii) if, in the opinion of the Federal Judicial Service Commission, he has considerable experience in the practice of Islamic personal law or he is a distinguished scholar of Islamic personal law; and
(b) a person shall be deemed to be learned in Customary law if , in the opinion of the Federal Judicial Service Commission (apart from such other qualifications as may be prescribed by the National Assembly) he has considerable knowledge of and experience in the practice of Customary law.
Disqualification of certain legal practitioners
Oaths of Judicial officers
(2) The oaths aforesaid shall be administered by the person for the time being authorized by law to administer such oaths.
Tenure of office and pension rights of judicial officers
(2) 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 the age of 65 years, be entitled to pension for life at a rate equivalent to his last annual salary 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 the age of sixty-five years, be entitled to pension for life at a rate pro rata the number of years he served as a judicial officer in relation to the period of fifteen years, or to the pension and other retirement benefits to which he is entitled under his terms and conditions of service, if any, whichever is higher; and
(c) in any other case, shall be entitled to such pension and other retirement benefits as may be regulated by an Act of the National Assembly or by a Law of a House of Assembly of a State.
(3) 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.
Removal of Judicial officers from office
(a) in the case of –
(i) Chief Justice of Nigeria, by the President acting on an address supported by two-thirds majority of 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 Federal Judicial Service Commission 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.
Vacancies
Determination of causes and matters
(2) Each Justice of the Supreme Court or of the Federal 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.
References of questions of law
(a) if it is of opinion that the question involves a substantial question of law, refer the question to the Federal Court of Appeal; or
(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 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 Federal 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 Federal 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 Federal Court of Appeal as it deems appropriate.
Interpretation
CHAPTER VIII: Federal Capital Territory and General Supplemental Provisions
Part I: Federal Capital Territory
Federal Capital Territory: ownership of lands
(2) The ownership of all lands comprised in the Federal Capital Territory, Abuja shall vest in the Government of the Federal Republic of Nigeria.
Capital of the Federation
Application of the Constitution
(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;
(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.
Adaptation of certain references
(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, 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.
Part II: Miscellaneous Provisions
Procedure for declaration of state of emergency
(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.
Resignations
(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.
Restrictions on legal proceedings
(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;
(b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and
(c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued:
Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.
(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.
(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.
Part III: Transitional Provisions and Savings
Citizenship
Staff of legislative houses
(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.
Standing Orders
(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 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.
(5) In this section, the “former Constitution” refers to the Constitution of the Federal Republic of Nigeria 1963.
Special provisions in respect of first election
(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.
System of revenue collection
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.
Debts
Existing Law
(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 1973;
(b) the Public Complaints Decree 1975;
(c) the National Security Organisation Decree 1976;
(d) the Land Use Decree 1978,
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.
Existing offices, courts and authorities
(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.
Succession to property, rights, liabilities and obligations
(a) the former authority of the Federation as representative or trustee for the benefit of the Federation;
(b) any former authority of a state as representative or trustee for the benefit of the state,
shall on the date when this section comes into force and without further assurance than the provisions thereof vest in, or become exercisable of enforceable by or against the President and Government of the Federation, and the Governor and Government of the state, as the case may be
(2) For the purposes of this section –
(a) the President and Government of the Federation, and the Governor and Government of a state, shall be deemed, respectively, to be successors to the said former authority of the Federation and former authority of the state in question; and
(b) references in this section to “former authority of the Federation” and “former authority of a state” include references to the former Government of the Federation and the former government of a state, a local government authority or any person who exercised any authority on its behalf.
Part IV: Interpretation, Citation and commencement
Interpretation
“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;
“Code 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 judgment 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 274 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 April 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;
“High Court” means the Federal High Court or the High Court 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 Federal Court of Appeal, the office of the Chief Judge or a Judge of the High Court of a State, a Grand Kadi or Kadi of the Sharia Court of Appeal of a State, or a President or a Judge of the Customary 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.
“member” when used with reference to any commission or other bodies established by this Constitution includes the Chairman of that Commission or body;
“Minister” means a Minister of the Government of the Federation;
“National Assembly” means the Senate and the House of Representatives established by this Constitution;
“oath” includes affirmation;
“Oath of Allegiance” means the Oath of Allegiance prescribed in the Sixth Schedule to this Constitution;
“office” when used with reference to the validity of an election means any office the appointment to which is by election under this Constitution;
“population quota”-
“power” includes function and duty;
“prescribed” means prescribed by or under this Constitution or any other law;
“President” or “Vice President” means the President or Vice President of the Federal Republic of Nigeria;
“public service of the Federation” means the service of the Federation in any capacity in respect of the Government of the Federation and includes service as-
(a) Clerk or other staff of the National Assembly or of each House of the National Assembly,
(b) member of staff of the Supreme Court, the Federal Court of Appeal, the Federal High Court, the High Court of the federal Capital Territory as established pursuant to part I of Chapter VIII of this Constitution or other courts established for the Federation by this Constitution and by the National Assembly,
(c) member or staff of any commission or authority established for the Federation by this Constitution or by an Act of the National Assembly,
(d) staff of any statutory corporation established by an Act of the National Assembly,
(e) staff of any educational institution established or financed principally by a government of the Federation, and
(f) members or officers of the armed forces of the Federation or the Nigeria Police Force;
“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 or statutory corporation established by a Law of a House of Assembly;
(e) staff of any educational institution established or financed principally by a government of a State; and
(f) staff of any company or enterprise in which the government of a State or its agency holds controlling shares or interest; and
“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 1964 shall apply for the purpose of interpreting the provision of this Constitution.
Citation
Commencement
(2) The provisions of section 262 of this Constitution shall come into force on a date to be specified by the President by order and confirmed by the resolution of each of the Houses of the National Assembly.
Schedules
First Schedule
Part 1: States of the Federation
State | Area | State Headquarters |
Anambra | Abakaliki, Aguata, Anambra Awgu, Awka, Ezeagu, Enugu, Ezza, Idemili, Igbo-Etti, Igbo-Eze, Ihiala, Ikwo, Ishielu, Isi-Uzo, Njikoka, Nkanu, Nnewi, Nsukka, Oji-River, Onitsha, Udi, Uzo-Uwani. | Enugu |
Bauchi | Bauchi, Darazo, Toro, Alkaleri, Tafawa Balewa, Akko, Dukku, Gombe, Tangale-Waja, Shira, Katagum, Gamawa, Misau, Ningi, Jama’are, Dass. | Bauchi |
Bendel | Oshimili, Oredo, Okpebho, Isoko, Ethiope, Bomadi, Burutu, Okpe, Warri, Orhionmwon, Ovia, Etsako, Ika, Agbazilo, Owan, Ughelli, Aniocha, Akoko-Edo, Ndokwa. | Benin City |
Benue | Ankpa, Bassa, Dekina, Gboko, Gwer, Idah, Katsina-Ala, Kwande, Makurdi, Oju, Okpokwu, Otukpo, Vandeikya. | Makurdi |
Borno | Bade, Fika, Biu, Askira/Uba, Ngala, Bama, Gwoza, Geidam, Kukawa, Nguru,, Konduga, Maiduguri (Metropolitan), Damaturu, Fune, Gujiba, Damboa, Monguno, Kaga. | Maiduguri |
Cross River | Calabar Municipality, Abak, Ukanafun, Akamkpa, Odukpani, Eket, Etinan, Ikom, Ikot-Abasi, Ikot Ekpene, Itu, Ikono, Obubra, Ogoja, Obudu, , Oron, Uyo. | Calabar |
Gongola | Yola, Gombi, Song, Mayo-Belwa, Fufore, Bali, Jalingo, Karim-Lamido, Zing, Guyuk, Numan, Michika, Mubi, Ganye, Sardauna, Takum, Wukari. | Yola |
Imo | Aba, Aboh-Mbaise, Afikpo, Ahiazu-Mbaise, Arochukwu/Ohafia,Bende, Etiti, Ideato, Isiala-Ngwa, Mbaitoli/Ikeduru, Mbano, Nkwerre/Isu, Obioma-Ngwa, Ohaji/Egbema/Oguta, Ohaozara, Isuikwuato/Okigwe, Orlu, Oru Owerri Ukwa, Ikwuano/Umuahia.. | Owerri |
Kaduna | Katsina, Dutsin-Ma, Funtua, Daura, Mani, Malunfashi, Kankiya, Zaria, Ikara, Saminaka, Kachia, Jema’a, Birnin-Gwari, Kaduna. | Kaduna |
Kano | Kano (Metropolitan), Dambatta, Ringim, Minjibir, Gezewa, Tudun Wada, Rano, Wudil, Dawakin-Kudu, Gaya, Hadeija, Keffin-Hausa, Gumel, Kazaure. | Kano |
Kwara | Asa, Borgu, Edu, Ifelodun, Ilorin, Kogi, Moro, Okehi, Okene, Oyi, Oyun. | Ilorin |
Lagos | Lagos Island, Lagos Mainland, Shomolu, Mushin, Epe, Badagry, Ikorodu, | Ikeja |
Niger | Agaie, Lapai, Chanchaga, Gbako, Lavun, Mariga, Magama, Rafi, Suleja,. | Minna |
Ogun | Abeokuta, Odeda, Obafemi-Owode, Ifo-Otta, Egbado-North, Egbado-South, Ijebu-Ode, Ijebu-North, Ijebu-East, Ijebu_Remo. | Abeokuta |
Ondo | Akoko North, Akoko South, Akure, Ekiti-Central, Ekiti-East, Ekiti-North, Ekiti-South, Ekiti South-West, Ero, Idanre/Ifedore, Ifesowapo, Ijero, Ikale, Ilaje-Ese-odo, Ondo, Owo.. | Akure |
Oyo | Irepo, Obokun, Atakunmosa, Ifelodun, Iwo, Odo-Otin, Oshogbo, Ejigbo, Akinyele, Ifedapo, Kajola, Lagelu, Irepodun, Ibarapa, Ede, Iseyin, Ibadan Municipal, Irewole, Oluyole, Ila, Ilesha, Ogbomosho North, Ogbmosho South, Ogo Oluwa, Olorunsogo, Oluyole, Oranmiyan, Oyo. | Ibadan |
Plateau | Akwanga, Awe, Bassa, Jos, Barikin-Ladi, kanam, Keffi, Lafia, Langtang, Mangu, Nasarawa, Pankshin, Shendam, Wase. | Jos |
Rivers | Port-Harcourt, Bonny, Bori, Ikwerre/Etche, Degema, Brass, Ahoada, Yenagoa, Sagbama, Otega. | Port Harcourt |
Sokoto | Argungu, Birnin-Kebbi, Bunza, Bagudo, Anka, Silame, Bodinga, Gawabawa, Gummi, Gusau, Kaura-Namoda, Isa, Sokoto, Talatu-Mafara, Wurno, Yabo, Yauri, Zuru, Jega. | Sokoto |
Part II: Definition of Federal Capital Territory.
The definition of the boundaries of the Federal Capital Territory referred to under Chapters I and VIII of this Constitution is as follows:
Starting from the village called Izom on 7°E Longitude and 9°15’ Latitude, project a straight line westward to a point just north of Lehu on the Kemi River, then project a line along 6° 47½’E southward passing close to the villages called Semasu, Zui and Bassa down to a place a little west of Abaji in Kwara State; thence project a line along parallel 8°27½’N Latitude to Ahinza village (7°6’ on Kanama River); thence project a straight line to Buga Village on 8°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, thence the line goes straight to Zuba village and thence straight to Izom.
Second Schedule: Legislative Powers
Part I: Exclusive Legislative List
Item
(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).
(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.
(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.
Part II: Concurrent Legislative List
Extent of Federal and State Legislative powers
A: Allocation of Revenue
(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.
B: Antiquities and monuments
C: Archives
D: Collection of Taxes
(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.
E: Electoral Laws
F: Electric Power
(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;
(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.
(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.
“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.
G: Exhibition of Cinematograph Films
(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.
H: Industrial, Commercial or Agricultural Development
(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.
I: Scientific and Technological Research
J: Statistics
(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.
K: Trigonometric, Cadastral and Topographical Surveys
L: University, Technological and Post Primary Education
Part III: Supplemental and Interpretation
(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 140)
A Council of State
(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;
(h) the Attorney-General of the Federation; and
(i) one person from each State, who shall as respects that State be appointed by the Council of Chiefs of the State from among themselves.
(a) advise the President in the exercise of his powers with respect to the national population census and compilation, publication and keeping of records and other information concerning the same, prerogative of mercy, award of national honours, the Federal Electoral Commission (including the appointment of members of that Commission), the Federal Judicial Council (including the appointment of the members, other than ex-officio 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.
B – Federal Civil Service Commission
(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.
C – Federal Electoral Commission
(a) a Chairman, who shall be appointed from among members specified in sub-paragraphs (b) and (c) of this paragraph;
(b) one member from each of the States of the Federation; and
(c) not more than 5 additional members who shall be appointed on their merit.
(a) to 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) to 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;
(c) to arrange for the registration of persons qualified to vote and for the maintenance and revision of the register of voters; and
(d) to ensure that the register of voters is prepared and maintained in such form as to facilitate its use for the purpose of elections to local government councils.
D – Federal Judicial Service Commission
(a) the Chief Justice of Nigeria, who shall be the Chairman;
(b) the President of the Federal Court of Appeal;
(c) the Attorney-General of the Federation;
(d) 2 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
(e) two other persons, not being legal practitioners, who in the opinion of the President are of unquestionable integrity.
(a) to advise the President in nominating persons for appointment, subject to the approval of the Senate, as respects appointments to the office of –
(i) a Justice of the Supreme Court (but not including the office of the Chief Justice of Nigeria);
(ii) the President of the Federal Court of Appeal;
(b) to recommend to the President persons for appointment to the office of-
(i) a Justice of the Federal Court of Appeal,
(ii) the Chief Judge of the Federal High Court,
(iii) Judges of the Federal High Court,
(iv) Chairman and members of the Code of Conduct Tribunal established under the Fifth Schedule to this Constitution;
(c) to recommend to the President the removal from office of the judicial officers specified in sub-paragraphs (a) and (b) of this paragraph and to exercise disciplinary control over such judicial officers; and
(d) appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Federal Court of Appeal and the Federal High Court.
E – National Defence Council
(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 Head of the Army;
(f) the Head of the Navy;
(g) the Head of the Air Force; and
(h) such other members as the President may appoint.
F – National Economic Council
(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 Act or any enactment replacing that Act.
G – National Population Commission
(a) a Chairman; and
(b) one person from each State of the Federation.
(a) to undertake periodical enumeration of population through sample surveys, censuses or otherwise;
(b) to establish and maintain a machinery for continuous and universal registration of births and deaths throughout the Federation;
(c) to advise the President on population problems;
(d) to publish and provide information and data on population for the purpose of facilitating economic and development planning; and
(e) to appoint and train or arrange for the appointment and training of enumerators or the staff of the Commission.
H – National Security Council
(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 with the responsibility for defence;
(f) the Minister of the Government of the Federation charged with the responsibility for External affairs;
(g) the head of the Nigeria Security Organisation established by law;
(h) the Inspector-General of Police; and
(i) such other persons as the President may in his discretion appoint.
I – Police Service Commission
(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.
(a) to advise the President on the appointment of the Inspector –General of Police;
(b) to appoint persons to offices (other than office of the Inspector-General of Police) in the Nigeria Police Force; and
(c) to dismiss and exercise disciplinary control over persons holding any office referred to in sub-paragraph (a) of this paragraph.
Part II: State’s Executive Bodies
(Established by section 178)
A – State Civil Service Commission
(a) to appoint persons to offices in the State civil service; and
(b) to dismiss and exercise disciplinary control over persons holding such offices.
B – State Council of Chiefs
(a) the maintenance of public order within the State or any part thereof; and
(b) such other matters as the Governor may direct.
B – State Electoral Commission
(a) a Chairman; and
(b) not less than five but not more than seven other persons.
(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 Federal 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.
D – State Judicial Service Commission
(a) the Chief Judge of the High Court 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) one member, who is a legal practitioner, and who has been qualified to practice as legal practitioners in Nigeria for not less than ten years; and
(f) one other person, not being a legal practitioner, who in the opinion of the Governor are of unquestionable integrity.
(a) to advise the Governor in nominating persons for appointment, subject to the approval of the House of Assemblyof the State as respects appointments of –
(i) the Chief Judge of the High Court 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,
(b) to advise the Governor on the appointment of-
(i) Judges of the High Court of the State,
(ii) Kadis of the Sharia Court of Appeal of the State, if any, and
(iii) Judges of the Customary Court of Appeal of the State, if any;
(c) to recommend to the Governor the removal from office of the judicial officers specified in sub-paragraph (b) of this paragraph; and
(d) 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.
Fourth Schedule: Functions of a Local Government Council
(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
(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 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, and
(v) laundries.
(a) the provision and maintenance of primary, adult and vocational education;
(b) the development of agriculture and natural resources, other than the exploitation of materials
(c) the provision and maintenance of health services; and
(d) such other functions as may be conferred on a local government council by the House of Assembly of the State.
Fifth Schedule
Part I: Code of Conduct for Public Officers
General
(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;
(b) engage or participate in the management or running of any private business, profession or trade but nothing in this sub-paragraph shall apply to any public officer who is not employed on full time basis.
(2) This paragraph applies to the offices of President, Vice-President, Chief Justice of Nigeria, Governor and Deputy Governor of a State.
(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.
(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.
(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 21 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.
(a) Members of legislative houses shall be exempt from the provisions of paragraph 4 of this Code; and
(b) the National Assembly may by law exempt any cadre of public officers from the provisions of paragraphs 4 and 11 of this Code if it appears to it that their position in the public service is below the rank which it considers appropriate for the application of those provisions.
Code of Conduct Bureau
(a) to receive declarations by public officers made under paragraph 11 of this Schedule;
(b) to 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;
(c) to examine the declarations and ensure that they comply with the requirements of this Code and of any law for the time being in force; and
(d) to receive complaints about non-compliance with or breach of this Code and where it considers it necessary to do so, to refer such complaints, unless the person concerned makes a written admission of such breach or non-compliance, to the Code of Conduct Tribunal.
(2) The Code of Conduct Bureau shall consist of not less than 9 members, who shall be responsible to the National Assembly, and the Chairman and members of which shall be appointed by the President, subject to the approval of the Senate.
(3) The National Assembly may by law confer on the Code of Conduct Bureau such additional powers as may appear to it to be necessary to enable it more effectively to discharge the functions conferred on it in this Schedule.
(2) The power to appoint members of staff of the Code of Conduct Bureau and to exercise disciplinary control over them shall vest in the Senate, and shall be exercisable in accordance with the provisions of an Act of the National Assembly enacted in that behalf.
Code of Conduct Tribunal
(2) The Chairman shall be a person who has held or is qualified to hold office as a Judge of a Court of record in Nigeria and shall receive such remuneration as may be prescribed by law.
(3) The Chairman and members of the Code of Conduct Tribunal shall be appointed by the President in accordance with the recommendation of the federal Judicial Service Commission.
(4) The National Assembly may by law confer on the Code of Conduct Tribunal such additional powers as may appear to it to necessary to enable it more effectively to discharge the functions conferred on it in this Schedule.
(2) The power to appoint the staff of the Code of Conduct Tribunal and to exercise disciplinary control over them shall vest in the members of the Code of Conduct Tribunal and shall be exercisable in accordance with the provisions of an Act of the National Assembly enacted in that behalf.
(2) A person who has held office as Chairman or member of the Code of Conduct Tribunal for a period of not less than ten years shall, if he retires at the age of seventy years, be entitled to pension for life at a rate equivalent to his last annual salary in addition to other retirement benefits to which he may be entitled.
(3) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by two-thirds majority of each House of the National Assembly praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Code.
(4) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from office before retiring age save in accordance with the provisions of this Code.
(2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following –
(a) vacation of office or seat in any legislative house, as the case may be;
(b) disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and
(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office.
(3) The sanctions mentioned in sub-paragraph (2) hereof shall be without prejudice to the penalties that may be imposed by any law where the conduct is also a criminal offence.
(4) Where the Code of Conduct Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Code, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Federal Court of Appeal at the instance of any party to the proceedings.
(5) Any right of appeal to the Federal Court of Appeal from the decisions of the Code of Conduct Tribunal conferred by sub-paragraph (4) hereof shall be exercised in accordance with the provisions of an Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Federal Court of Appeal.
(6) Nothing in this paragraph shall prejudice the prosecution of a public officer punished under this paragraph or preclude such officer from being prosecuted or punished for an offence in a court of law.
(7) The provisions of this Constitution relating to prerogative of mercy shall not apply to any punishment imposed in accordance with the provisions of this paragraph.
“business” means any profession, vocation, trade, and includes-
“child” includes a step-child, a lawfully adopted child, a child born out of wedlock and any child to whom any individual stands in place of a parent;
“emolument” means any salary, wage, over-time or leave pay, commission, fee, bonus, gratuity, benefit, advantage (whether or not that advantage is capable of being turned into money or money’s worth), allowance, pension or annuity paid, given or granted in respect of any employment or office;
“foreign companies” or “foreign enterprises” means companies or enterprises in which the controlling shares are owned by persons other than the Government, its agencies or citizens of Nigeria;
“public officer” means a person holding any of the offices specified in Part II of this Schedule; and
“public office” shall not include the chairmanship or membership of ad hoc tribunals, commissions or committees.
Part II: Public Offices for the purposes of the Code of conduct
Sixth Schedule
Oaths
Oaths of Allegiance
I, ………. do solemnly swear that I will be faithful and bear true allegiance to the Federal Republic of Nigeria and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria.
So help me God
Oath of Office of President
I, ………….. do solemnly swear that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as President of the Federal Republic of Nigeria, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communication or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of the Federal Republic of Nigeria, except as may be required for the due discharge of my duties as President; and that I will devote myself to the service and well-being of the people of Nigeria.
So help me God.
Oath of Office of Governor of a State
I, ……… do solemnly swear that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as the Governor of ……… State, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will exercise the authority vested in me as Governor so as not to impede or prejudice the authority lawfully vested in the President of the Federal Republic of Nigeria and so as not to endanger the continuance of Federal Government in Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the 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 Governor of ……… State, except as may be required for the due discharge of my duties as Governor; and that I will devote myself to the service and well-being of the people of Nigeria.
So help me God.
Oath of Office of Vice-President, Deputy Governor, Minister or Commissioner
I, ………. do solemnly swear that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as Vice-President of the Federal Republic of Nigeria/Deputy Governor of ……. State/Minister of the Government of the Federation/Commissioner of the Government …….. State…….., I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions, that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Vice-President /Deputy Governor /Minister/ Commissioner.
So help me God.
Oath of a Member of the National Assembly or of a House of Assembly
I, ….. do solemnly swear that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as a Member of the Senate/House of Representatives/ ….. House of Assembly, I will perform my functions honestly to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and the rules of the Senate/House of Representatives/ …… House of Assembly and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria; and that I will abide by the Code of Conduct contained in the Fifth Schedule of the Constitution of the Federal Republic of Nigeria.
So help me God.
Judicial Oath
I, …… do solemnly swear 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 Federal Court of Appeal/Chief Judge/Judge of ………..State/ Grand Kadi/Kadi of …. State/President/Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja/President/Judge of the Customary Court of Appeal of ……… State. I will discharge my duties, and perform my functions honestly, to the best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria and the law, that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria.
So help me God.