CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (WITH AMENDMENTS)

Published by Law Nigeria Admin at 26th March 2018

THE NIGERIAN CONSTITUTION HUB

AMENDMENTS TO THE CONSTITUTION

1999 CONSTITUTION
CHAPTERS	1	2	3	4	5	6	7	8
SCHEDULES	I	II	III	IV	V	VI	VII
NIGERIAN CONSTITUTIONAL INSTRUMENTS
DOCUMENTS	1999	1979	1963	1960	1954	1951	1936	1922	1914

THE NIGERIAN CONSTITUTION HUB

THE 1999 CONSTITUTION OF NIGERIA (WITH THE 1ST, 2ND AND 3RD ALTERATIONS OR AMENDMENTS)

TABLE OF CONTENTS

CHAPTER I General Provisions

Part I: Federal Republic of Nigeria

Supremacy of Constitution
The Federal Republic of Nigeria
States of the Federation and the Federal Capital Territory, Abuja.

Part II: Powers of the Federal Republic of Nigeria

Legislative Powers
Executive powers
Judicial powers
Local Government system.
New States and boundary adjustment, etc.
Mode of altering provisions of the Constitution
Prohibition of State Religion.
Public order and public security.
Implementation of treaties.

CHAPTER II: Fundamental Objectives and Directives Principles of State Policy

Fundamental obligations of the Government.
The Government and the people
Political objectives.
Economic objectives.
Social objectives.
Educational objectives.
Foreign policy objectives.
Environmental objectives.
Directive on Nigerian cultures
Obligation of the mass media
National ethics.
Duties of the citizen.

CHAPTER III: Citizenship

Citizenship by Birth
Citizenship by Registration.
Citizenship by Naturalisation.
Dual Citizenship.
Renunciation of Citizenship.
Deprivation of Citizenship.
Persons deemed to be Nigerian citizens.
Power to make regulations.

CHAPTER IV: Fundamental Rights

Right to Life.
Right to dignity of human persons.
Right to personal liberty.
Right to fair hearing.
Right to private and family life.
Right to freedom of thought, conscience and religion
Right to freedom of expression and the press.
Right to peaceful assembly and association.
Right to freedom of movement.
Right to freedom from discrimination.
Right to acquire and own immovable property.
Compulsory acquisition of property.
Restriction on and derogation from fundamental human rights.
Special jurisdiction of High Court and Legal aid.

CHAPTER V: The Legislature

Part I: National Assembly

A: Composition and Staff of National Assembly

Establishment of National Assembly.
Composition of the Senate
Composition of the House of Representatives.
President of the senate and speaker of the House of Representatives.
Staff of the National Assembly.

B: Procedure for Summoning and Dissolution of National Assembly

Declaration of assets and liabilities; oaths of members.
Presiding at sitting of the National Assembly and at joint sittings.
Quorum.
Languages
Voting
Unqualified person sitting or voting.
Mode of exercising Federal Legislative power: general
Mode of exercising Federal Legislative power: money bills.
Regulation of procedure
Vacancy or participation of strangers not to invalidate proceedings
Committees
Sittings
Dissolution and issue of proclamations by president.

C: Qualification for Membership of National Assembly and Right of Attendance

Qualifications for election
Disqualifications
Right of attendance of President
Tenure of Seat of Members
Recall
Remuneration

D: Elections to the National Assembly

Senatorial districts and Federal constituencies
Size of Senatorial districts and Federal constituencies.
Periodical review of Senatorial districts and Federal constituencies
Time when alteration of senatorial districts or Federal constituencies takes effects.
Ascertainment of population
Time of Election to the National Assembly
Direct Election and franchise
Supervision of election
Power of the National Assembly as to determination of certain questions.

E: Powers and Control over Public Funds

Establishment of Consolidated Revenue Fund
Authorisation of expenditure from Consolidated Revenue Fund
Authorisation of expenditure in default appropriations
Contingencies Fund
Remuneration, etc. of the President and certain other officers
Audit of Public accounts
Appointment of Auditor-General
Tenure of office of Auditor-General
Power to conduct investigations
Power as to matters of evidence

Part II: House of Assembly

A: Composition and Staff of a House of Assembly

Establishment of House of assembly for each State
Composition of the House of Assembly
Speaker of House of Assembly
Staff of house of Assembly

B: Procedure for Summoning and Dissolution of a House of Assembly

Declaration of assets and liabilities; oaths of members
Presiding at sittings
Quorum
Languages
Voting
Unqualified person sitting or voting
Mode of exercising legislative power of a state
Regulation of procedure
Vacancy or participation of strangers not to invalidate proceedings.
Committees
Sittings
Dissolution and issue of proclamation by Governor
Qualifications for election
Disqualifications
Right of attendance of Governor
Tenure of Seat of Members
Recall
Remuneration

D: Elections to a House of Assembly

State constituencies
Size of state constituencies
Periodical review of State constituencies
Time when alteration of state constituencies takes effect
Time of elections to Houses of Assembly
Direct election and franchise
Supervision and election
Power of National Assembly as to determination of certain questions

E: Powers and Control over Public Funds

Establishment of Consolidated Revenue Fund
Authorisation of expenditure from Consolidated Revenue fund
Authorisation of expenditure in default of appropriations.
Contingencies Fund
Remuneration, etc. of the governor and certain other officers
Audit of Public accounts
Appointment of Auditor-General
Tenure of office of Auditor-General
Power to conduct investigations
Power as to matters of evidence.

CHAPTER VI: THE EXECUTIVE

Part I: Federal Executive

A: The President of the Federation

Establishment of the office of President
Qualification for election as President
Election of the President: General
Election: single presidential candidate
Election: two or more presidential candidates
Tenure of office of President
Death, etc. of president-elect before oath of office.
Disqualifications.
President: disqualification from other jobs.
Determination of certain questions relating to election
Declaration of assets and liabilities; oaths of President.
Establishment of office of Vice-President
Nomination and election of Vice-President
Removal of President from office
Permanent incapacity of President or Vice-President.
Acting President during temporary absence of President
Discharge of functions of President
Ministers of federal Government
Executive Responsibilities of Ministers
Declaration of Assets and liabilities; oaths of Ministers.
Attorney-General of the Federation
Special Advisers.
Declaration of assets and Liabilities; oaths of special Adviser.

B: Establishment of Certain Federal Executive Bodies

Qualification for membership.
Removal of members.
Independence of certain bodies
Quorum and decisions
Powers and Procedure.
Interpretation.

C: Public Revenue

Distributable pool account
Allocation of other revenues
Federal grants-in-aid of State revenue.
Cost of collection of certain duties
Set-off.
Sums charged on consolidated Revenue Fund.
Provisions with regard to payments

C: The Public Service of the Federation

Establishment of civil service of the Federation
Federal Civil service Commission: power to delegate functions
Presidential appointments
Code of Conduct
Protection of pension rights.
Public persecutions
Prerogative of mercy.

Part II: State Executive

A: The Governor of A State

Establishment of office of Governor
Qualification for election as Governor
Election of Governor: general.
Election: single candidate and two or more candidates
Tenure of office of Governor
Death, etc. of Governor before oath of office.
Disqualifications
Governor: disqualification from other jobs.
Determination of certain questions relating to elections.
Declaration of assets and liabilities; oaths of office of Governor.
Establishment of the office of the Deputy Governor
Nomination and election of the Deputy Governor
Removal of Governor or Deputy Governor from office.
Permanent incapacity of Governor or Deputy Governor.
Acting governor during temporary absence of Governor.
Discharge of functions of Governor.
Commissioners of State Government.
Executive responsibilities of Deputy Governor and Commissioners.
Declaration of assets and liabilities; oaths of Commissioners
Attorney-General of a State
Special Advisers

B: Establishment of Certain State Executive Bodies

State Commissions
Appointment of Chairman and members.
Tenure of office of the members.
Qualification for membership
Removal of members.
Independence of certain bodies.
Quorum and decisions.
Powers and procedure
Interpretation

C: The Public Service of A State

Establishment of State Civil Service
State Civil Service Commission: Power of delegation
Appointments by Governor
Code of Conduct.
Protection of pension rights.
Public prosecutions
Prerogative of mercy

Part III: Supplemental

A: National Population Census

National Population census

B: Nigeria Police Force

Establishment of Nigeria Police Force.
Appointment of Inspector-General and control of Nigeria Police Force.
Delegation of powers to the Inspector-General of Police

C: Armed Forces of the Federation

Establishment and composition of the armed force of the Federation
Command and operational use
Establishment of body to ensure federal character of armed forces
Compulsory military service.

D: Political Parties

Prohibition of political activities by certain associations.
Restrictions on formation of political parties
Constitution and rules of political parties.
Aims and objectives
Finances of political parties.
Annual reports on finances
Prohibition of quasi-military organisations.
Powers of the national assembly with respect to political parties.
Interpretation.

CHAPTER VII: THE JUDICATURE

Part I: Federal Courts

A: The Supreme Court of Nigeria

Establishment of the Supreme Court of Nigeria
Appointment of Chief justices of Nigeria and justices of the Supreme Court
Original jurisdiction.
Appellate jurisdiction.
Constitution
Finality of determinations
Practice and procedure

B: The Court of Appeal

Establishment of Court of Appeal
Appointment of President and Justices of the Court of Appeal.
Original jurisdiction
Appellate jurisdiction
Appeals as of rights from the Federal high Court or a High Court.
Appeals with leave
Exercise of the rights of appeal from the Federal High Court of a High Court in civil and criminal matters.
Appeals from Sharia court of Appeal
Appeals from customary court of appeal.
Appeals from Code of Conduct Tribunal and other courts and tribunals
Constitution
Practice and procedure.

C: The Federal High Court

Establishment of the Federal High Court.
Appointment of Chief Judge and Judges of the federal high Court.
Jurisdiction
Powers
Constitution.
Practice and procedure

D: The High Court of the Federal Capital Territory, FCT, Abuja

Establishment of the High Court of the Federal Capital Territory, Abuja.
Appointment of Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja.
Jurisdiction.
Constitution.
Practice and procedure

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

Establishment of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.
Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.
Jurisdiction.
Constitution.
Practice and Procedure

F: The Customary Court of Appeal of the Federal Capital Territory

Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja.
Appointment of President and Judges of Court of Appeal of the Federal Capital Territory, Abuja.
Jurisdiction.
Constitution.
Practice and Procedure

Part II: State Courts

A: High Court of a State

Establishment of a High Court for each State.
Appointment of Chief Judge and Judges of the High Court of a State.
Jurisdiction.
Constitution.
Practice and Procedure

B: Sharia Court of Appeal of a State

Establishment of Sharia Court of Appeal.
Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State.
Jurisdiction.
Constitution.
Practice and Procedure

B: Customary Court of Appeal of a State

Establishment of a Customary Court of Appeal.
Appointment of President and Judges of the Customary Court of Appeal of a State.
Jurisdiction.
Constitution.
Practice and Procedure

Part III: Election Tribunals

Establishment and jurisdiction of election tribunals.

Part IV: Supplemental

Jurisdiction of state courts in respect of federal causes
Enforcement of decisions.
Appointment of persons leaned in Islamic personal law and Customary law
Disqualification of certain legal practitioners.
Declaration of assets and liabilities: oaths of judicial officers.
Tenure of office and pension rights of judicial officers.
Removal of other judicial officers from office.
Vacancies
Determination of causes and matters
Reference of questions of law.
Interpretation

CHAPTER VIII: Federal Capital Territory, Abuja and General Supplementary Provisions

Part I: Federal Capital Territory, Abuja

Federal Capital territory, Abuja: ownership of lands.
Capital of the federation
Application of Constitution.
Representation in the National Assembly
Adaptation of certain references.
Minister of Federal Capital territory, Abuja.
Administration of the Federal Capital territory, Abuja.
Establishment of the Judicial Service Committee of the Federal Capital territory, Abuja

Part II: Miscellaneous Provisions

Procedure for proclamation of state of emergency
Resignations.
Restriction on certain citizens
Restrictions on legal proceedings.

Part III: Transitional Provisions and Savings

Citizenship
Staff of legislative houses.
Standing Orders
Special provisions in respect of first election.
System of revenue allocation.
Debts.
Existing law.
Existing offices, courts and authorities.
Succession to property, rights, liabilities and obligations.

Part IV: Interpretation, Citation and Commencement

Interpretation.
Citation.
Commencement.

Schedules

First Schedule

Part I: States of the Federation

Part II: Definition and Area Councils of the Federal capital Territory, Abuja

Second Schedule: Legislative Powers

Part I: Exclusive Legislative List

Part II: Concurrent Legislative List

Part III: Supplemental and Interpretation

Third Schedule

Part I Federal Executive Bodies

Code of Conduct Bureau

Council of State

Federal Character Commission

Federal Civil Service Commission

Federal Judicial Service Commission

Independent National Electoral Commission

National Defence Council

National Economic Council

National Judicial Council

National Security Council

Nigeria Police Council

Police Service Commission

Revenue Mobilisation Allocation and Fiscal Commission

Part II: State Executive Bodies

State Civil Service Commission

State Independent Electoral Commission

State Judicial Service Commission

Part III: Federal Capital Territory, Abuja Executive Body

Judicial Service Committee of the Federal capital Territory, FCT,Abuja

Fourth Schedule

Functions of a Local Government Council

Fifth Schedule

Part I: Code of Conduct for Public Officers

Part II: Public Officers for the Purposes of the Code of Conduct

Sixth Schedule: Election Tribunals

Seventh Schedule: Oaths

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CHAPTER ONE: General Provisions

Part I: Federal Republic of Nigeria
1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.

(2) The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.

(1) Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria.

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

(1) There shall be 36 states in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara.

(2) Each state of Nigeria, named in the first column of Part I of the First Schedule to this Constitution, shall consist of the area shown opposite thereto in the second column of that Schedule.

(3) The headquarters of the Governor of each State shall be known as the Capital City of that State as shown in the third column of the said Part I of the First Schedule opposite the State named in the first column thereof.

(4) The Federal Capital Territory, Abuja, shall be as defined in Part II of the First Scheduled to this Constitution.

(5) The provisions of this Constitution in Part I of Chapter VIII hereof shall in relation to the Federal Capital Territory, Abuja, have effect in the manner set out thereunder.

(6) There shall be 768 Local Government Areas in Nigeria as shown in the second column of Part I of the First Schedule to this Constitution and six area councils as shown in Part II of that Schedule.

PART II Powers of the Federal Republic of Nigeria

(1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation, which shall consist of a Senate and a House of Representatives.

(2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

(3) The power of the National Assembly to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Houses of Assembly of States.

(4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the National Assembly shall have power to make laws with respect to the following matters, that is to say:-

(a) any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and

(b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

(5) If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall, to the extent of the inconsistency, be void.

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

(7) The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters, that is to say:-

(a) any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

(b) any matter included in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and

(c) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

(8) Save as otherwise provided by this Constitution, the exercise of legislative powers by the National Assembly or by a House of Assembly shall be subject to the jurisdiction of courts of law and of judicial tribunals established by law, and accordingly, the National Assembly or a House of Assembly shall not enact any law, that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law.

(9) Notwithstanding the foregoing provisions of this section, the National Assembly or a House of Assembly shall not, in relation to any criminal offence whatsoever, have power to make any law which shall have retrospective effect.

(1) Subject to the provisions of this Constitution, the executive powers of the Federation:

(a) shall be vested in the President and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation; and

(b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws.

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

(a) shall be vested in the Governor of that State and may, subject as aforesaid and to the provisions of any Law made by a House of Assembly, be exercised by him either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State; and

(b) shall extend to the execution and maintenance of this Constitution, all laws made by the House of Assembly of the State and to all matters with respect to which the House Of Assembly has for the time being power to make laws.

(3) The executive powers vested in a State under subsection (2) of this section shall be so exercised as not to:-

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

(b) endanger any asset or investment of the Government of the Federation in that State; or

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

(a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session; and

(b) except with the prior approval of the Senate, no member of the armed forces of the Federation shall be deployed on combat duty outside Nigeria.

(5) Notwithstanding the provisions of subsection (4) of this section, the President, in consultation with the National Defence Council, may deploy members of the armed forces of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger:

Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within 14 days.

(1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation.

(2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State.

(3) The courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection (5) (a) to (1) of this section, shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record.

(4) Nothing in the foregoing provisions of this section shall be construed as precluding:-

(a) the National Assembly or any House of Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of a High Court;

(b) the National Assembly or any House of Assembly, which does not require it, from abolishing any court which it has power to establish or which it has brought into being.

(5) This section relates to:-

(a) the Supreme Court of Nigeria;

(b) the Court of Appeal;

(cc) The National Industrial Court

(d) the High Court of the Federal Capital Territory, Abuja;

(e) a High Court of a State;

(f) the Sharia Court of Appeal of the Federal Capital Territory, Abuja;

(g) a Sharia Court of Appeal of a State;

(h) the Customary Court of Appeal of the Federal Capital Territory, Abuja;

(i) a Customary Court of Appeal of a State;

(j) such other courts as may be authorised by law to exercise jurisdiction on matters with respect to which the National Assembly may make laws; and

(k) such other court as may be authorised by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House of Assembly may make laws.

(6) The judicial powers vested in accordance with the foregoing provisions of this section –

(a) shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law;

(b) shall extend, to all matters between persons, or between government or authority and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person;

(c) shall not except as otherwise provided by this Constitution, extend to any issue or question as to whether any act of omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution;

(d) shall not, as from the date when this section comes into force, extend to any action or proceedings relating to any existing law made on or after 15th January, 1966 for determining any issue or question as to the competence of any authority or person to make any such law.

(1) The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall, subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.

(2) The person authorised by law to prescribe the area over which a local government council may exercise authority shall-

(a) define such area as clearly as practicable; and

(b) ensure, to the extent to which it may be reasonably justifiable that in defining such area regard is paid to –

(i) the common interest of the community in the area;

(ii) traditional association of the community; and

(iii) administrative convenience.

(3) it shall be the duty of a local government council within the State to participate in economic planning and development of the area referred to in subsection (2) of this section and to this end an economic planning board shall be established by a Law enacted by the House of Assembly of the State.

(4) The Government of a State shall ensure that every person who is entitled to vote or be voted for at an election to House of Assembly shall have the right to vote or be voted for at an election to a local government council.

(5) The functions to be conferred by Law upon local government council shall include those set out in the Fourth Schedule to this Constitution.

(6) Subject to the provisions of this Constitution –

(a) the National Assembly shall make provisions for statutory allocation of public revenue to local government councils in the Federation; and

(b) the House of Assembly of a State shall make provisions for statutory allocation of public revenue to local government councils within the State.

(1) An Act of the National Assembly for the purpose of creating a new State shall only be passed if-

(a) a request, supported by at least two-thirds majority of members (representing the area demanding the creation of the new State) in each of the following, namely –

(i) the Senate and the House of Representatives;

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

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

is received by the National Assembly;

(b) a proposal for the creation of the State is thereafter approved in a referendum by at least two-thirds majority of the people of the area where the demand for creation of the State originated;

(c) the result of the referendum is then approved by a simple majority of all the States of the Federation supported by a simple majority of members of the Houses of Assembly; and

(d) the proposal is approved by a resolution passed by two-thirds majority of members of each House of the National Assembly.

(2) An Act of the National Assembly for the purpose of boundary adjustment of any existing State shall only be passed if-

(a) a request for the boundary adjustment, supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely-

(i) the Senate and the House of Representatives,

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

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

is received by the National Assembly; and

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

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

(ii) a simple majority of members of the House of Assembly in respect of the area concerned.

(3) A bill for a Law of a House of Assembly for the purpose of creating a new local government area shall only be passed if –

(a) a request supported by at least two-thirds majority of members (representing the area demanding the creation of the new local government area) in each of the following, namely –

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

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

is received by the House of Assembly;

(b) a proposal for the creation of the local government area is thereafter approved in a referendum by at least two-thirds majority of the people of the local government area where the demand for the proposed local government area originated;

(c) the result of the referendum is then approved by a simple majority of the members in each local government council in a majority of all the local government councils in the State; and

(d) the result of the referendum is approved by a resolution passed by two-thirds majority of members of the House of Assembly.

(4) A bill for a Law of House of Assembly for the purpose of boundary adjustment of any existing local government area shall only be passed if-

(a) a request for the boundary adjustment is supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely –

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

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

is received by the House of Assembly; and

(b) a proposal for the boundary adjustment is approved by a simple majority of members of the House of Assembly in respect of the area concerned.

(5) An Act of the National Assembly passed in accordance with this section shall make consequential provisions with respect to the names and headquarters of State or Local government areas as provided in section 3 of this Constitution and in Parts I and II of the First Schedule to this Constitution.

(6) For the purpose of enabling the National Assembly to exercise the powers conferred upon it by subsection (5) of this section, each House of Assembly shall, after the creation of more local government areas pursuant to subsection (3) of this section, make adequate returns to each House of the National Assembly

(1) The National Assembly may, subject to the provision of this section, alter any of the provisions of this Constitution.

(2) An Act of the National Assembly for the altertion of this Constitution, not being an Act to which section 8 of this Constitution applies, shall not be passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by resolution of the Houses of Assembly of not less than two-thirds of all the States.

(3) An Act of the National Assembly for the purpose of altering the provisions of this section, section 8 or Chapter IV of this Constitution shall not be passed by either House of the National Assembly unless the proposal is approved by the votes of not less than four-fifths majority of all the members of each House, and also approved by resolution of the House of Assembly of not less than two-third of all States.

(4) For the purposes of section 8 of this Constitution and of subsections (2) and (3) of this section, the number of members of each House of the National Assembly shall, notwithstanding any vacancy, be deemed to be the number of members specified in sections 48 and 49 of this Constitution.

The Government of the Federation or of a State shall not adopt any religion as State Religion.
(1)The National Assembly may make laws for the Federation or any part therefore with respect to the maintenance and securing of public safety and public order and providing, maintaining and securing of such supplies and service as may be designed by the National Assembly as essential supplies and services.

(2) Nothing in this section shall preclude a House of Assembly from making laws with respect to the matter referred to in this section, including the provision for maintenance and securing of such supplies and services as may be designated by the National Assembly as essential supplies and services.

(3) During any period when the Federation is at war the National Assembly may make such laws for the peace, order and good government of the Federation or any part therefore with respect to matters not included in the Exclusive Legislative List as may appear to it to be necessary or expedient for the defence of the Federation.

(4) At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:

Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.

(5) For the purposes of subsection (4) of this section, a House of Assembly shall not be deemed to be unable to perform its functions so long as the House of Assembly can hold a meeting and transact business.

(1)No treaty between the Federation and any other country shall have the force of law to the extent to which any such treaty has been enacted into law by the National Assembly.

(2) The National Assembly may make laws for the Federation or any part thereof with respect to matters not included in the he Exclusive Legislative List for the purpose of implementing a treaty.

(3) A bill for an Act of the National Assembly passed pursuant to the provisions of subsection (2) of this section shall not be presented to the President for assent, and shall not be enacted unless it is ratified by a majority of all the House of Assembly in the Federation….MORE

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (FIRST ALTERATION) ACT, 2010

EXPLANATORY MEMORANDUM

This Act alters the Constitution of the Federal Republic of Nigeria, 1999 among other things, to provide for the Financial Independence of the National Assembly and Independent National Electoral Commission.

ARRANGEMENT OF SECTIONS

Alteration of the Constitution of the Federal Republic of Nigeria, 1999
Alteration of Section 66
Alteration of Section 69
Alteration of Section 75
Alteration of Section 76
Alteration of Section 81
Alteration of Section 84
Alteration of Section 107
Alteration of Section 110
Alteration of Section 116
Alteration of Section 132
Alteration of Section 135
Alteration of Section 137
Substitution for Section 145
Alteration of Section 156
Alteration of Section 160
Alteration of Section 178
Alteration of Section 180
Alteration of Section 182
Substitution for Section 190.
Alteration of Section 200
Substitution for Section 228 (a) and (b).
Alteration of Section 229
Alteration of Section 233
Alteration of Section 239
Alteration of Section 246.
Alteration of Section 251
Alteration of Section 272.
Alteration of Section 285
Citation.

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (FIRST ALTERATION) ACT, 2010

CITATION

An Act to alter the provisions of the Constitution of the Federal Republic of Nigeria 1999 and for related matters— 6th July, 2010

ENACTED by the National Assembly of the Federal Republic of Nigeria—

Alteration of the Constitution of the Federal Republic of Nigeria, 1999

The Constitution of the Federal Republic of Nigeria 1999 (in this Act referred to as “the Principal Act”) is altered as set out in this Act.

Alteration of Section 66

Section 66(1) (h) of the Principal Act is deleted.

Alteration of Section 69

Section 69 of the Principal Act is altered, in paragraph (a), by inserting immediately after the word “member” in line 4, the words, “and which signatures are duly verified by the Independent National Electoral Commission”.

Alteration of Section 75

Section 75 of the Principal Act is altered by deleting—

(a) the expression, “the 1991 Census of the Population of Nigeria or”, in line 3 ; and

(b) the words, “after the coming into force of the provisions of this part of this Chapter of this Constitution” immediately after the word “Assembly”, in lines 4 and 5.

Alteration of Section 76

Section 76 of the Principal Act is altered—

(а) in subsection (1), line 2, by inserting immediately after the word ‘Commission” the words, “in accordance with the Electoral Act” ;

(б) in subsection (2), by substituting for the words—

(i) “sixty days before and not later than the date on which the House stands dissolved”, in lines 2 and 3, the words, “one hundred and fifty days and not later than one hundred and twenty days before”,

(ii) “three months” in lines 3 and 4, the words, “ninety days”, and

(iii) “one month” in line 4, the words, “thirty days.

Alteration of Section 81

Section 81 of the Principal Act is altered by substituting for the existing,subsection (3) a new subsection “(3)”—

(3) The amount standing to the credit of the—

(a) Independent National Electoral Commission,

(h) National Assembly, and

in the Consolidated Revenue Fund of the Federation shall be paid directly to the said bodies respectively; in the case of the Judiciary, such amount shall be paid to the National Judicial Council for disbursement to the heads of the courts established for the Federation and the States under section 6 of this Constitution.”

Alteration of Section 84

Section 84 of the Principal Act is altered by inserting immediately after the existing subsection (7) a new subsection “(8)”—

“(8) The recurrent expenditure of the Independent National Electoral Commission, in addition to salaries and allowances of the Chairman and members, shall be a charge upon the Consolidated Revenue Fund of the Federation.”

Alteration of Section 107

Section 107(i)(a) of the Principal Act is deleted.

Alteration of Section 110

Section 110 of the Principal Act is altered, in paragraph (a), by inserting immediately after the word “member” in line 4, the words “and which signatures are duly verified by the Independent National Electoral Commission”.

Alteration of Section 116

Section 116 of the Principal Act is altered—

(a) in subsection (1), line 2, by inserting immediately after the word ‘Commission”, the words, “in accordance with the Electoral Act” ; and

(b in subsection (2), by substituting for the words—

(i) “sixty days before and not later than the date on which the House of

Assembly stands dissolved”, in lines 2 and 3, the words, “one hundred and fifty days and not later than one hundred and twenty days before”,

(ii) “three months” in line 4, the words, “ninety days”, and

(m) “one month” in line 4, the words, “thirty days”.

Alteration of Section 132

Section 132 of the Principal Act is altered—

(a) in subsection (1), line 2, by inserting immediately after the word, “Commission” the words, “in accordance with the Electoral Act” ; and

(b) in subsection (2), lines 1 and 2, by substituting for the words, “sixty days and not later than thirty”, the words, “one hundred and fifty days and not later than one hundred. and twenty”.

Alteration of Section 135

Section 135 of the Principal Act is altered by inserting immediately after the existing subsection (2) a new subsection (2 A):

“(2A) In the determination of the four year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in the office before the date the election was annulled, shall be taken into account.”

Alteration of Section 137

Section 137(1)(i) of the Principal Act is deleted.

Substitution for Section 145

Section 145 of the Principal Act is substituted for a new section “145”—

“145.—(1) Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall Transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President.

(2) In the event that the President is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the National Assembly shall, by a resolution made by a simple majority of the vote of each House of the National Assembly, mandate the Vice-President to perform the functions of the office of the President as Acting President until the President transmits a letter to the President of the Senate and Speaker of the House of Representatives that he is now available to resume his functions as President.”

Alteration of Section 156

Section 156 of the Principal Act is altered in subsection (1) (a), line 2, by inserting immediately after the word “Representatives”, the words, “provided that a member of any of these bodies shall not be required to belong to a political party, and in the case of the Independent National Electoral Commission, he shall not be a member of a political party.”

Alteration of Section 160

Section 160 of the Principal Act is altered, in subsection (1), line 4, by inserting immediately after the word “functions”, the words, “provided that in the case of the Independent National Electoral Commission, its powers to make its own rules or otherwise regulate its own procedure shall not be subject to the approval or control of the President.”

Alteration of Section 178

Section 178 of the Principal Act is altered—

(a) in subsection (1), line 2, by inserting immediately after the word, “Commission”, the words, “in accordance with the Electoral Act” ; and

(b) in subsection (2), line 2, by substituting for the words “sixty days and not later than thirty”, the words, “one hundred and fifty days and not later than one hundred and twenty”.

Alteration of Section 180

Section 180 of the Principal Act is altered by inserting immediately after the existing subsection (2) a new section “(2A)”—

“(2A) In the determination of the four year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in office before the date the election was annulled shall be taken into account”.

Alteration of Section 182

Section 182 (1)(i) of the Principal Act is deleted.

Substitution for Section 190.

Section 190 of the Principal Act is substituted for a new section “190”—

“190. (1) Whenever the Governor is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the Speaker of the House of Assembly to that effect, and until he transmits to the Speaker of the House of Assembly a written declaration to the contrary, the Deputy Governor shall perform the functions of the Governor as Acting Governor.

(2) In the event that the Governor is unable or fails to transmit the written

declaration mentioned in subsection (1) of this section within 21 days, the House of Assembly shall, by a resolution made by a simple majority of the vote of the House, mandate the Deputy Governor to perform the functions of the office of the Governor as Acting Governor, until the Governor transmits a letter to the Speaker that he is now available to resume his functions as Governor.”

Alteration of Section 200

Section 200(1) (a), line 2, of the Principal Act is altered, by inserting immediately after the word “Assembly”, the words, “provided that a member of any of the said bodies shall not be required to belong to a political party and, in the case of the State Independent Electoral Commission, he shall not be a member of a political party”.

Substitution for Section 228 (a) and (b).

Section 228 (a) and (b) of the Principal Act is substituted for a new section “228 (a) and (b)—

(a) guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries; party congresses and party conventions ; and

(b) the conferment on the Independent National Electoral Commission of powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively ensure that political parties observe the practices of internal democracy, including the fair and transparent conduct of party primaries, party congresses and party conventions”.

Alteration of Section 229

Section 229 of the Principal Act is altered by deleting the interpretation of the word “association”.

Alteration of Section 233

Section 233(2) of the Principal Act is altered in paragraph(e) by—

(a) substituting for the word “or” after the word “President” in subparagraphs (i), (ii) and (iii), a comma – “,” ; and

(b) inserting immediately after the word “Vice-President” in subparagraphs (i), (ii) and (iii), the words, “Governor or Deputy Governor”.

Alteration of Section 239

Section 239 of the Principal Act is altered by—

(a) substituting for the word “or” after the word “President” in paragraphs (a), (b) and (c), a comma – “,”; and

(b) inserting immediately after the word “Vice-President” in paragraphs (a), (b) and (c), the words “Governor or Deputy Governor”.

Alteration of Section 246.

Section 246 of the Principal Act is altered—

(a) in subsection (1) (b), by—

(i) substituting for the words, “National Assembly Election Tribunals and Governorship and Legislative Houses Election Tribunals”, the words “National and State Houses of Assembly Election Tribunals”,

(ii) deleting subparagraph (ii), and

(iii) renumbering the paragraph appropriately ; and

(b) in subsection (3), line 2, by inserting immedately after the word “final”, the words, “provided that an interlocutory application may be decided during the delivery of judgment”.

Alteration of Section 251
Section 251 of the Principal Act is altered by inserting immediately after the existing subsection (3) a new subsection “(4)”—

“(4) The Federal High Court shall have and exercise jurisdiction to determine any question as to whether the term of office or a seat of a member of the Senate or the House of Representatives has ceased or his seat has become vacant.”

Alteration of Section 272.

Section 272 of the Principal Act is altered by inserting immediately after the existing subsection (2) a new subsection “(3)”—

“(3) Subject to the provisions of section 251 and other provisions of this Constitution, the Federal High Court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a State, a Governor or Deputy Governor has ceased or become vacant”.

Alteration of Section 285

Section 285 of the Principal Act is altered—

(a) by substituting for the existing subsection (1) a new subsection “(1)”—

“(1) There shall be established for each State of the Federation and the Federal Capital Territory one or more election tribunals to be known as the National and State Houses of Assembly Election Tribunals which shall, to the exclusion of any Court or Tribunal, have original jurisdiction to hear and determine petitions as to whether—

(a) any person has been validly elected as a member of the National Assembly ; and

(b) any person has been validly elected as member of the House of Assembly of a State”;

(b) by deleting subsection (2) ;

(c) in subsection (3), lines 1 and 2 by substituting for the words “National Assembly, Governorship and Legislative Houses Election Tribunals” , the words, “National and State Houses of Assembly Election Tribunals” ;

(d) in subsection (4), line 2 by substituting for the word, “two”, the word, “one” ;

(e) by inserting new subsections “(5)”-“(8)”—

“(5) An election petition shall be filed within 21 days after the date of the declaration of result of the elections.

(6) An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition.

(7) An appeal from a decision of an election tribunal or court shall be heard and disposed of within 60 days from the date of the delivery of judgment of the tribunal.

(8) The Court in all appeals from election tribunal may adopt the practice oi first giving its decision and reserving the reasons therefore to a later date.”

Citation.

This Act may be cited as the Constitution of the Federal Republic of Nigeria (First Alteration) Act, 2010.

S E C O N D S C H E D U L E

Part I, Item 56 of the Second Schedule to the Constitution is altered by inserting before the word “Regulation” the words, “Formation and”.

T H I R D S C H E D U L E

Item (F) of the Third Schedule to the Constitution is altered—

(a) by substituting for paragraph 14, a new paragraph “14”—

“14 (1) The Independent National Electoral Commission shall comprise the following members—

(a) a Chairman, who shall be the Chief Electoral Commissioner ; and

(b) twelve other members to be known as National Electoral Commissioners.

(2) A member of the Commission shall—

(a) be non-partisan and a person of unquestionable integrity ; and

(b) be not less than 40 years of age in the case of the Chairman and not less than 35 years of age in the case of the National Commissioners.

(3) There shall be for each State of the Federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissioner who shall—

(a) be appointed by the President subject to confirmation by the Senate ;

(b) be a person of unquestionable integrity and shall not be a member of any political party ; and

(d) in paragraph (15)(c), line 2, by inserting immediately after the word “finances”, the words, “conventions, congresses and party primaries”.

S I X T H S C H E D U L E

The Sixth Schedule to the Constitution is altered—

(a) by deleting, the word “Assembly” and inserting immediately after the word “National” the words “and State Houses of Assembly Election Tribunals” in Heading “A” ;

(b) in paragraph 1(1), line 1, by deleting immediately after the word “National” the word “Assembly”, and inserting the words, “and State Houses of Assembly Election Tribunals” ;

(d) by deleting—

(i) Heading “B”, and

(ii) paragraph 2(1), (2) and (3).