1999
1. Supremacy of constitution
2. The Federal Republic of Nigeria.
3.States of the Federation and the Federal Capital Territory, Abuja.
Powers
of the Federal Republic of Nigeria
4. Legislative powers.
5. Executive powers.
6. Judicial powers
7. Local government system.
8. New states and boundary adjustment, etc.
9. Mode of altering provisions of the constitution.
10. Prohibition of State Religion.
11. Public order and public security.
12. Implementation of treaties.
Fundamental Objectives and directive Principles of State Policy
13. Fundamental obligations of the Government.
14. The Government and the people
15. Political objectives.
16. Economic objectives.
17. Social objectives.
18. Educational objectives.
19. Foreign policy objectives.
20. Environmental objectives
21. Directive on Nigeria cultures
22. Obligation of the mass media
23. National ethics.
24. Duties of the citizen.
Citizenship
25. Citizenship by birth.
26. Citizenship by registration.
27. Citizenship by naturalisation.
28. Dual citizenship.
29. Renunciation of citizenship.
30. Deprivation of citizenship.
31. Persons deemed to be Nigerian citizens.
32. Power to make regulations.
Fundamental
Rights
33. Right to life.
34. Right to dignity of human persons.
35. Right to personal liberty.
36. Right to fair hearing.
37. Right to private and family life.
38. Right to freedom of thought, conscience and religion
39. Right to freedom of expression and the press.
40. Right to peaceful assembly and association.
41. Right to freedom of movement.
42. Right to freedom from discrimination
43. Right to acquire and own immovable property.
44. Compulsory acquisition of property.
45. Restriction on and derogation from fundamental human rights.
46. Special jurisdiction of High Court and Legal aid.
47. Establishment of National Assembly.
48. Composition of the Senate
49. Composition of the House of Representatives.
50. President of the senate and speaker of the House of Representatives.
51. Staff of the National Assembly.
52. Declaration of assets and liabilities ;oath of members.
53. Presiding at sitting of the National Assembly and at joint sittings.
54.Quorum.
55. Languages.
56. Voting.
57. Unqualified person sitting or voting.
58. Mode of exercising Federal Legislative power: general
59. Mode of exercising Federal Legislative power: money bills.
60. Regulation of procedure
61. Vacancy or participation of strangers not to invalidate proceedings
62. Committees
63. Sittings
64. Dissolution and issue of proclamations by president.
65. Qualifications for election
66. Disqualifications
67. Right of attendance of President
68. Tenure of Seat of Members
69. Recall
70. Remuneration
D - Elections to National Assembly
71. Senatorial districts and Federal constituencies
72. Size of Senatorial districts and Federal constituencies.
73. Periodical review of Senatorial districts and Federal constituencies
74. Time when alteration of senatorial districts or Federal constituencies takes effects.
75. Ascertainment of population
76. Time of Election to the National Assembly
77. Direct Election and franchise
78. Supervision of election
79. Power of the National Assembly as to determination of certain questions.
E - Powers and Control over Public
Funds
80. Establishment of Consolidated Revenue Fund
81. Authorisation of expenditure from Consolidated Revenue Fund
82. Authorisation of expenditure in default appropriations
83. Contingencies Fund
84. Remuneration, etc. of the President and certain other officers
85. Audit of Public accounts
86. Appointment of Auditor-Genera
87. Tenure of office of Auditor-General
88. Power to conduct investigations
89. Power as to matters of evidence
House
of Assembly of a State
A
- Composition and Staff of House of Assembly
90. Establishment of House of assembly for each State
91. Composition of the House of Assembly
92. Speaker of House of Assembly
93. Staff of house of Assembly
94. Declaration of assets and liabilities; oaths of members
95. Presiding at sittings
96. Quorum
97. Languages
98. Voting
99. Unqualified person sitting or voting
100. Mode of exercising legislative power of a state
101. Regulation of procedure
102. Vacancy or participation of strangers not to invalidate proceedings.
103. Committees
104. Sittings
105. Dissolution and issue of proclamation by Governor
106. Qualifications for election
107. Disqualifications
108. Right of attendance of President
109. Tenure of Seat of Members
110. Recall
111. Remuneration
112. State constituencies
113. Size of state constituencies
114. Periodical review of State constituencies
115. Time when alteration of state constituencies takes effect
116. Time of elections to Houses of Assembly
117. Direct election and franchise
118. Supervision and election
119. Power of National Assembly as to determination of certain questions
120. Establishment of Consolidated Revenue Fund
121. Authorisation of expenditure from Consolidated Revenue fund
122. Authorisation of expenditure in default of appropriations.
123. Contingencies Fund
124. Remuneration, etc. of the governor and certain other officers
125. Audit of Public accounts
126. Appointment of Auditor-General
127. Tenure of office of Auditor-General
128. Power to conduct investigations
129. Power as to matters of evidence.
130. Establishment of the office of President
131. Qualification for election as President
132. Election of the President: general
133. Election: single presidential candidate
134. Election: two or more presidential candidates
135. Tenure of office of President
136. Death, etc. of president-elect before oath of office.
137. Disqualifications.
138. President: disqualification from other jobs.
139. Determination of certain questions relating to election
140. Declaration of assets and liabilities; oaths of President.
141. Establishment of office of Vice-President
142. Nomination and election of Vice-President
143. Removal of President from office
144. Permanent incapacity of President or Vice-President.
145. Acting President during temporary absence of President
146. Discharge of functions of President
147. Ministers of federal Government
148. Executive Responsibilities of Ministers
149. Declaration of Assets and liabilities; oaths of Ministers.
150. Attorney-General of the Federation
151. Special Advisers.
152. Declaration of assets and Liabilities; oaths of Special Adviser.
B - Establishment of Certain Federal
Executive Bodies
153. Federal Commissions and Councils, etc.
154. Appointment of Chairman and members
155. Tenure of office of members.
156. Qualification for membership.
157. Removal of members.
158. Independence of certain bodies
159. Quorum and decisions160Powers and Procedure.
161. Interpretation.
162. Distributable pool account
163. Allocation of other revenues
164. Federal grants-in-aid of State revenue.
165. Cost of collection of certain duties
166. Set-off.
167. Sums charged on consolidated Revenue Fund.
168. Provisions with regard to payments
169. Establishment of civil service of the Federation
170. Federal Civil Service Commission: power to delegate functions
171. Presidential appointments
172. Code of Conduct
173. Protection of pension rights.
174. Public persecutions
175. Prerogative of mercy.
A - The Governor of a State
176. Establishment of office of Governor
177. Qualification for election as Governor
178. Election of Governor: general.
179. Election: single candidate and two or more candidates
180. Tenure of office of Governor
181. Death, etc. of Governor before oath of office.
182. Disqualifications
183. Governor: disqualification from other jobs.
184. Determination of certain questions relating to elections.
185. Declaration of assets and liabilities; oaths of office of Governor.
186. Establishment of the office of the Deputy Governor
187. Nomination and election of the Deputy Governor
188. Removal of Governor or Deputy Governor from office.
189. Permanent incapacity of Governor or Deputy Governor.
190. Acting governor during temporary absence of Governor.
191. Discharge of functions of Governor.
192. Commissioners of State Government.
193. Executive responsibilities of Deputy Governor and Commissioners.
194. Declaration of assets and liabilities; oaths of Commissioners
195. Attorney-General of a State
196. Special Advisers
197. State Commissioners
198. Appointment of Chairman and members.
199. Tenure of office of the members.
200. Qualification for membership
201. Removal of members.
202. Independence of certain bodies.
203. Quorum and decisions.
204. Powers and procedure
205. Interpretation
206. Establishment of State Civil Service
207. State Civil Service Commission: Power of delegation
208. Appointments by Governor
209. Code of Conduct.
210. Protection of pension rights.
211. Public prosecutions
212. Prerogative of mercy
A - National Population Census
213. National Population census
214. Establishment of Nigeria Police Force.
215. Appointment of Inspector-General and control of Nigeria Police Force.
216. Delegation of powers to the Inspector-General of Police
217. Establishment and composition of the armed force of the Federation
218. Command and operational use
219. Establishment of body to ensure federal character of armed forces
220. Compulsory military service.
D - Political Parties
221. Prohibition of political activities by certain associations.
222. Restrictions on formation of political parties
223. Constitution and rules of political parties.
224. Aims and objectives
225. Finances of political parties.
226. Annual reports on finances
227. Prohibition of quasi-military organisations.
228. Powers of the national assembly with respect to political parties.
229. Interpretation.
Chapter VII
230. Establishment of the Supreme Court of Nigeria
231. 231Appointment of Chief justices of Nigeria and justices of the Supreme Court
232. Original jurisdiction.
233. Appellate jurisdiction.
234. Constitution
235. Finality of determinations
236. Practice and procedure
B - The Court of Appeal
237. Establishment of Court of Appeal
238. Appointment of President and Justices of the Court of Appeal.
239. Original jurisdiction
240. Appellate jurisdiction
241. Appeals as of rights from the Federal high Court or a High Court.
242. Appeals with leave.
243. Exercise of the rights of appeal from the Federal High Court of a High
Court in civil and criminal matters.
244. Appeals from Sharia court of Appeal
245. Appeals from customary court of appeal.
246. Appeal from Code of Conduct Tribunal and other courts and tribunals
247. Constitution
248. Practice and procedure.
249. Establishment of the Federal High Court.
250. Appointment of Chief Judge and Judges of the federal high Court.
251. Jurisdiction
252. Powers
253. Constitution.
254. Practice and procedure
255. Establishment of the High Court of the Federal Capital Territory, Abuja.
256. Appointment of Chief Judge and Judges of the High Court of the
Federal Capital Territory, Abuja.
257. Jurisdiction.
258. Constitution.
259. Practice and procedure
E - The Sharia Court of Appeal of the
Federal Capital Territory, Abuja
260. Establishment of the Sharia Court of Appeal of the Federal Capital
Territory, Abuja.
261. Appointment of Grand Kadi and Kadis of the Sharia
Court of Appeal of the Federal Capital Territory, Abuja.
262. Jurisdiction.
263. Constitution.
264. Practice and Procedure
265. Establishment of the Customary Court of Appeal of the Federal Capital
Territory, Abuja.
266. Appointment of President and Judges of Court of Appeal
of the Federal Capital Territory, Abuja.
267. Jurisdiction.
268. Constitution.
269. Practice and Procedure
270. Establishment of a High Court for each State.
271. Appointment of Chief Judge and Judges of the High Court of a State.
272. Jurisdiction.
273. Constitution.
274. Practice and Procedure
275. Establishment of Sharia Court of Appeal.
276. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State.
277. Jurisdiction.
278. Constitution.
279. Practice and Procedure
280. Establishment of a Customary Court of Appeal.
281. Appointment of President and Judges of the Customary Court of Appeal of a
State.
282. Jurisdiction.
283. Constitution.
284. Practice and Procedure
285. Establishment and jurisdiction of election tribunals.
286. Jurisdiction of state courts in respect of federal causes
287. Enforcement of decisions.
288. Appointment of persons leaned in Islamic personal law and
Customary law
289. Disqualification of certain legal practitioners.
290. Declaration of assets and liabilities: oaths of judicial officers.
291.Tenure of office and pension rights of judicial officers.
292. Removal of other judicial officers from office.
293. Vacancies
294. Determination of causes and matters
295. Reference of questions of law.
296. Interpretation
297. Federal Capital territory, Abuja: ownership of lands.
298. Capital of the federation
299. Application of Constitution.
300. Representation in the National Assembly
301. Adaptation of certain references.
302. Minister of Federal Capital territory, Abuja.
303. Administration of the Federal Capital territory, Abuja.
304. Establishment of the Judicial Service Committee of the Federal Capital territory, Abuja
Miscellaneous Provisions
305. Procedure for proclamation of state of emergency
306. Resignations.
307. Restriction on certain citizens
308. Restrictions on legal proceedings.
309. Citizenship
310. Staff of legislative houses.
311. Standing Orders
312. Special provisions in respect of first election.
313. System of revenue allocation.
314. Debts.
315. Existing law.
316. Existing offices, courts and authorities.
317. Succession to property, rights, liabilities and obligations.
318. Interpretation.
319. Citation.
320. Commencement.
First Schedule
Third Schedule
Federal Executive Bodies
Code of Conduct Bureau
Council of State
Federal Character Commission
Federal Civil Service Commission
Federal Judicial Service Commission
Independent National Electoral Commission
National Defence Council
National Economic Council
National Judicial Council
National Population Commission
National Security Council
Nigeria Police Council
Police Service Commission
Revenue Mobilisation Allocation and Fiscal Commission.
State Executive Bodies
State Civil Service Commission
State Independent Electoral Commission
State Judicial Service Commission.
Federal Capital Territory, Abuja Executive Body
Judicial Service Committee of the Federal Capital Territory, Abuja
Functions of a Local Council
Fifth Schedule
Code of Conduct for Public officers
Code of Conduct Tribunal
Interpretation
Public Officers for the Purposes of the Code of Conduct
Election Tribunal
National Assembly Election Tribunal
Governorship and Legislative Houses Election tribunal
Oaths of Allegiance
Oath of Office of President
Oath of Office of Governor of a State
Oath of Office of Vice-President, Deputy Governor, Minister, Commissioner or
Special Adviser
Oath of a Member of the National Assembly or of a House of Assembly
Judicial Oath
Constitution of the Federal Republic of Nigeria 1999
We the people of the Federal Republic of Nigeria, having firmly and solemnly resolved, to live in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding and to provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people, do hereby make, enact and give to ourselves the following Constitution: -
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Chapter I
1. (1) This Constitution is supreme and its provisions shall have binding
force on the authorities and persons throughout the Federal Republic of
Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any
persons or group of persons take control of the Government of Nigeria or
any part thereof, except in accordance with the provisions of this
Constitution.
(3) If any other law is inconsistent with the provisions of this
Constitution, this Constitution shall prevail, and that other law shall,
to the extent of the inconsistency, be void.
2. (1) Nigeria is one indivisible and indissoluble sovereign state to be
known by the name of the Federal Republic of Nigeria.
(2) Nigeria shall be a Federation consisting of States and a Federal
Capital Territory.
3. (1) There shall be 36 states in Nigeria, that is to say, Abia, Adamawa,
Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta,
Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi,
Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers,
Sokoto, Taraba, Yobe and Zamfara.
(2) Each state of Nigeria, named in the first column of Part I of the
First Schedule to this Constitution, shall consist of the area shown
opposite thereto in the second column of that Schedule.
(3) The headquarters of the Governor of each State shall be known as the
Capital City of that State as shown in the third column of the said Part I
of the First Schedule opposite the State named in the first column thereof.
(4) The Federal Capital Territory, Abuja, shall be as defined in Part II
of the First Scheduled to this Constitution.
(5) The provisions of this Constitution in Part I of Chapter VIII hereof
shall in relation to the Federal Capital Territory, Abuja, have effect in
the manner set out there under.
(6) There shall be 768 Local Government Areas in Nigeria as shown in the
second column of Part I of the First Schedule to this Constitution and six
area councils as shown in Part II of that Schedule.
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Powers of the Federal Republic of
Nigeria
4. (1) The legislative powers of the Federal Republic of Nigeria shall be
vested in a National Assembly for the Federation, which shall consist of a
Senate and a House of Representatives.
(2) The National Assembly shall have power to make laws for the peace,
order and good government of the Federation or any part thereof with
respect to any matter included in the Exclusive Legislative List set out
in Part I of the Second Schedule to this Constitution.
(3) The power of the National Assembly to make laws for the peace, order
and good government of the Federation with respect to any matter included
in the Exclusive Legislative List shall, save as otherwise provided in
this Constitution, be to the exclusion of the Houses of Assembly of
States.
(4) In addition and without prejudice to the powers conferred by
subsection (2) of this section, the National Assembly shall have power to
make laws with respect to the following matters, that is to say:-
(a) any matter in the Concurrent Legislative List set out in the first
column of Part II of the Second Schedule to this Constitution to the
extent prescribed in the second column opposite thereto; and
(b) any other matter with respect to which it is empowered to make
laws in accordance with the provisions of this Constitution.
(5) If any Law enacted by the House of Assembly of a State is inconsistent
with any law validly made by the National Assembly, the law made by the
National Assembly shall prevail, and that other Law shall, to the extent
of the inconsistency, be void.
(6) The legislative powers of a State of the Federation shall be vested in
the House of Assembly of the State.
(7) The House of Assembly of a State shall have power to make laws for the
peace, order and good government of the State or any part thereof with
respect to the following matters, that is to say:-
(a) any matter not included in the Exclusive Legislative List set out
in Part I of the Second Schedule to this Constitution.
(b) any matter included in the Concurrent Legislative List set out in
the first column of Part II of the Second Schedule to this
Constitution to the extent prescribed in the second column opposite
thereto; and
(c) any other matter with respect to which it is empowered to make
laws in accordance with the provisions of this Constitution.
(8) Save as otherwise provided by this Constitution, the exercise of
legislative powers by the National Assembly or by a House of Assembly
shall be subject to the jurisdiction of courts of law and of judicial
tribunals established by law, and accordingly, the National Assembly or a
House of Assembly shall not enact any law, that ousts or purports to oust
the jurisdiction of a court of law or of a judicial tribunal established
by law.
(9) Notwithstanding the foregoing provisions of this section, the National
Assembly or a House of Assembly shall not, in relation to any criminal
offence whatsoever, have power to make any law which shall have
retrospective effect.
5. (1) Subject to the provisions of this Constitution, the executive powers
of the Federation:
(a) shall be vested in the President and may subject as aforesaid and
to the provisions of any law made by the National Assembly, be
exercised by him either directly or through the Vice-President and
Ministers of the Government of the Federation or officers in the
public service of the Federation; and
(b) shall extend to the execution and maintenance of this
Constitution, all laws made by the National Assembly and to all
matters with respect to which the National Assembly has, for the time
being, power to make laws.
(2) Subject to the provisions of this Constitution, the executive powers
of a State:
(a) shall be vested in the Governor of that State and may, subject as
aforesaid and to the provisions of any Law made by a House of
Assembly, be exercised by him either directly or through the Deputy
Governor and Commissioners of the Government of that State or officers
in the public service of the State; and
(b) shall extend to the execution and maintenance of this
Constitution, all laws made by the House of Assembly of the State and
to all matters with respect to which the House of Assembly has for the
time being power to make laws.
(3) The executive powers vested in a State under subsection (2) of this
section shall be so exercised as not to:-
(a) impede or prejudice the exercise of the executive powers of the
Federation;
(b) endanger any asset or investment of the Government of the
Federation in that State; or
(c) endanger the continuance of a Federal Government in Nigeria.
(4) Notwithstanding the foregoing provisions of this section:-
(a) the President shall not declare a state of war between the
Federation and another country except with the sanction of a
resolution of both Houses of the National Assembly, sitting in a joint
session; and
(b) except with the prior approval of the Senate, no member of the
armed forces of the Federation shall be deployed on combat duty
outside Nigeria.
(5) Notwithstanding the provisions of subsection (4) of this section, the
President, in consultation with the National Defence Council, may deploy
members of the armed forces of the Federation on a limited combat duty
outside Nigeria if he is satisfied that the national security is under
imminent threat or danger:
Provided that the President shall, within seven days of actual combat
engagement, seek the consent of the Senate and the Senate shall thereafter
give or refuse the said consent within 14 days.
(6)ade. (1) The judicial powers of the Federation shall be vested in the courts
to which this section relates, being courts established for the Federation.
(2) The judicial powers of a State shall be vested in the courts to which
this section relates, being courts established, subject as provided by
this Constitution, for a State.
(3) The courts to which this section relates, established by this
Constitution for the Federation and for the States, specified in
subsection (5) (a) to (1) of this section, shall be the only superior
courts of record in Nigeria; and save as otherwise prescribed by the
National Assembly or by the House of Assembly of a State, each court shall
have all the powers of a superior court of record.
(4) Nothing in the foregoing provisions of this section shall be construed
as precluding:-
(a) the National Assembly or any House of Assembly from establishing
courts, other than those to which this section relates, with
subordinate jurisdiction to that of a High Court;
(b) the National Assembly or any House of Assembly, which does not
require it, from abolishing any court which it has power to establish
or which it has brought into being.
(5) This section relates to:-
(a) the Supreme Court of Nigeria;
(b) the Court of Appeal;
(c) the Federal High Court;
(d) the High Court of the Federal Capital Territory, Abuja;
(e) a High Court of a State
(f) the Sharia Court of Appeal of the Federal Capital Territory,
Abuja;
(g) a Sharia Court of Appeal of a State;
(h) the Customary Court of Appeal of the Federal Capital Territory,
Abuja;
(i) a Customary Court of Appeal of a State;
(j) such other courts as may be authorised by law to exercise
jurisdiction on matters with respect to which the National Assembly
may make laws; and
(k) such other court as may be authorised by law to exercise
jurisdiction at first instance or on appeal on matters with respect to
which a House of Assembly may make laws.
(6) The judicial powers vested in accordance with the foregoing provisions
of this section -
(a) shall extend, notwithstanding anything to the contrary government
or authority and to any persons in Nigeria, and to all actions and
proceedings relating thereto, for the determination of any question as
to the civil rights and obligations of that persons;
(c) shall not except as otherwise provided by this Constitution,
extend to any issue or question as to whether any act of omission by
any authority or person or as to whether any law or any judicial
decision is in conformity with the Fundamental Objectives and
Directive Principles of State Policy set out in Chapter II of this
Constitution;
(d) shall not, as from date when this section comes into force, extend
to any action or proceedings relating to any existing law made on or
after 15th January, 1966 for determining any issue or question as to
the competence of any authority or person to make any such law.
7. (1) The system of local government by democratically elected local
government councils is under this Constitution guaranteed; and accordingly,
the Government of every State shall, subject to section 8 of this
Constitution, ensure their existence under a Law which provides for the
establishment, structure, composition, finance and functions of such
councils.
(2) The person authorised by law to prescribe the area over which a local
government council may exercise authority shall-
(a) define such area as clearly as practicable; and
(b) ensure, to the extent to which it may be reasonably justifiable
that in defining such area regard is paid to -
(i) the common interest of the community in the area;
(ii) traditional association of the community; and
(iii) administrative convenience.
(3) it shall be the duty of a local government council within the State to
participate in economic planning and development of the area referred to
in subsection (2) of this section and to this end an economic planning
board shall be established by a Law enacted by the House of Assembly of
the State.
(4) The Government of a State shall ensure that every persons who is
entitled to vote or be voted for at an election to House of Assembly shall
have the right to vote or be voted for at an election to a local
government council.
(5) The functions to be conferred by Law upon local government council
shall include those set out in the Fourth Schedule to this Constitution.
(6) Subject to the provisions of this Constitution -
(a) the National Assembly shall make provisions for statutory
allocation of public revenue to local government councils in the
Federation; and
(b) the House of Assembly of a State shall make provisions for
statutory allocation of public revenue to local government councils
within the State.
8. (1) An Act of the National Assembly for the purpose of creating a new
State shall only be passed if-
(a) a request, supported by at least two-thirds majority of members
(representing the area demanding the creation of the new State) in
each of the following, namely -
(i) the Senate and the House of Representatives,
(ii) the House of Assembly in respect of the area, and
(iii) the local government councils in respect of the area,
is received by the National Assembly;
(b) a proposal for the creation of the State is thereafter approved in
a referendum by at least two-thirds majority of the people of the area
where the demand for creation of the State originated;
(c) the result of the referendum is then approved by a simple majority
of all the States of the Federation supported by a simple majority of
members of the Houses of Assembly; and
(d) the proposal is approved by a resolution passed by two-thirds
majority of members of each House of the National Assembly.
(2) An Act of the National Assembly for the purpose of boundary adjustment
of any existing State shall only be passed if-
(a) a request for the boundary adjustment, supported by two-thirds
majority of members (representing the area demanding and the area
affected by the boundary adjustment) in each of the following, namely-
(i) the Senate and the House of Representatives,
(ii) the House of Assembly in respect of the area, and
(iii) the local government councils in respect of the area.
is received by the National Assembly; and
(b) a proposal for the boundary adjustment is approved by -
(i) a simple majority of members of each House of the National
Assembly, and
(ii) a simple majority of members of the House of Assembly in
respect of the area concerned.
(3) A bill for a Law of a House of Assembly for the purpose of creating a
new local government area shall only be passed if -
(a) a request supported by at least two-thirds majority of members
(representing the area demanding the creation of the new local
government area) in each of the following, namely -
(i) the House of Assembly in respect of the area, and
(ii) the local government councils in respect of the area,
is received by the House of Assembly;
(b) a proposal for the creation of the local government area is
thereafter approved in a referendum by at least two-thirds majority of
the people of the local government area where the demand for the
proposed local government area originated;
(c) the result of the referendum is then approved by a simple majority
of the members in each local government council in a majority of all
the local government councils in the State; and
(d) the result of the referendum is approved by a resolution passed by
two-thirds majority of members of the House of Assembly.
(4) A bill for a Law of House of Assembly for the purpose of boundary
adjustment of any existing local government area shall only be passed if-
(a) a request for the boundary adjustment is supported by two-thirds
majority of members (representing the area demanding and the area
affected by the boundary adjustment) in each of the following, namely
-
(i) the House of Assembly in respect of the area, and
(ii) the local government council in respect of the area,
is received by the House of Assembly; and
(b) a proposal for the boundary adjustment is approved by a simple
majority of members of the House of Assembly in respect of the area
concerned.
(5) An Act of the National Assembly passed in accordance with this section
shall make consequential provisions with respect to the names and
headquarters of State or Local government areas as provided in section 3
of this Constitution and in Parts I and II of the First Schedule to this
Constitution.
(6) For the purpose of enabling the National Assembly to exercise the
powers conferred upon it by subsection (5) of this section, each House of
Assembly shall, after the creation of more local government areas pursuant
to subsection (3) of this section, make adequate returns to each House of
the National Assembly
9. (1) The National Assembly may, subject to the provision of this section,
alter any of the provisions of this Constitution.
(2) An Act of the National Assembly for the altertion of this
Constitution, not being an Act to which section 8 of this Constitution
applies, shall not be passed in either House of the National Assembly
unless the proposal is supported by the votes of not less than two-thirds
majority of all the members of that House and approved by resolution of
the Houses of Assembly of not less than two-thirds of all the States.
(3) An Act of the National Assembly for the purpose of altering the
provisions of this section, section 8 or Chapter IV of this Constitution
shall not be passed by either House of the National Assembly unless the
proposal is approved by the votes of not less than four-fifths majority of
all the members of each House, and also approved by resolution of the
House of Assembly of not less than two-third of all States.
(4) For the purposes of section 8 of this Constitution and of subsections
(2) and (3) of this section, the number of members of each House of the
National Assembly shall, notwithstanding any vacancy, be deemed to be the
number of members specified in sections 48 and 49 of this Constitution.
10. The Government of the Federation or of a State shall not adopt any
religion as State Religion.
11. (1) The National Assembly may make laws for the Federation or any part
therefore with respect to the maintenance and securing of public safety and
public order and providing, maintaining and securing of such supplies and
service as may be designed by the National Assembly as essential supplies
and services.
(2) Nothing in this section shall preclude a House of Assembly from making
laws with respect to the matter referred to in this section, including the
provision for maintenance and securing of such supplies and services as
may be designated by the National Assembly as essential supplies and
services.
(3) During any period when the Federation is at war the National Assembly
may make such laws for the peace, order and good government of the
Federation or any part therefore with respect to matters not included in
the Exclusive Legislative List as may appear to it to be necessary or
expedient for the defence of the Federation.
(4) At any time when any House of Assembly of a State is unable to perform
its functions by reason of the situation prevailing in that State, the
National Assembly may make such laws for the peace, order and good
government of that State with respect to matters on which a House of
Assembly may make laws as may appear to the National Assembly to be
necessary or expedient until such time as the House of Assembly is able to
resume its functions; and any such laws enacted by the National Assembly
pursuant to this section shall have effect as if they were laws enacted by
the House of Assembly of the State:
Provided that nothing in this section shall be construed as conferring on
the National Assembly power to remove the Governor or the Deputy Governor
of the State from office.
(5) For the purposes of subsection (4) of this section, a House of
Assembly shall not be deemed to be unable to perform its functions so long
as the House of Assembly can hold a meeting and transact business.
12. (1) No treaty between the Federation and any other country shall have
the force of law to the extent to which any such treaty has been enacted
into law by the National Assembly.
(2) The National Assembly may make laws for the Federation or any part
thereof with respect to matters not included in the he Exclusive
Legislative List for the purpose of implementing a treaty.
(3) A bill for an Act of the National Assembly passed pursuant to the
provisions of subsection (2) of this section shall not be presented to the
President for assent, and shall not be enacted unless it is ratified by a
majority of all the House of Assembly in the Federation.
Back to Page One
Chapter II
Fundamental Objectives and Directive Principles of State Policy
13. It shall be the duty and responsibility of all organs of government, and
of all authorities and persons, exercising legislative, executive or
judicial powers, to conform to, observe and apply the provisions of this
Chapter of this Constitution.
14. (1) The Federal Republic of Nigeria shall be a State based on the
principles of democracy and social justice.
(2) It is hereby, accordingly, declared that:
(a) sovereignty belongs to the people of Nigeria from whom government
through this Constitution derives all its powers and authority;
(b) the security and welfare of the people shall be the primary
purpose of government: and
(c) the participation by the people in their government shall be
ensured in accordance with the provisions of this Constitution.
(3) The composition of the Government of the Federation or any of its
agencies and the conduct of its affairs shall be carried out in such a
manner as to reflect the federal character of Nigeria and the need to
promote national unity, and also to command national loyalty, thereby
ensuring that there shall be no predominance of persons from a few State
or from a few ethnic or other sectional groups in that Government or in
any of its agencies.
(4) The composition of the Government of a State, a local government
council, or any of the agencies of such Government or council, and the
conduct of the affairs of the Government or council or such agencies shall
be carried out in such manner as to recognise the diversity of the people
within its area of authority and the need to promote a sense of belonging
and loyalty among all the people of the Federation.
15. (1) The motto of the Federal Republic of Nigeria shall be Unity and
Faith, Peace and Progress.
(2) Accordingly, national integration shall be actively encouraged, whilst
discrimination on the grounds of place of origin, sex, religion, status,
ethnic or linguistic association or ties shall be prohibited.
(3) For the purpose of promoting national integration, it shall be the
duty of the State to:
(a) provide adequate facilities for and encourage free mobility of
people, goods and services throughtout the Federation.
(b) secure full residence rights for every citizen in all parts of the
Federation.
(c) encourage inter-marriage among persons from different places of
origin, or of different religious, ethnic or linguistic association or
ties; and
(d) promote or encourage the formation of associations that cut across
ethnic, linguistic, religious and or other sectional barriers.
(4) The State shall foster a feeling of belonging and of involvement among
the various people of the Federation, to the end that loyalty to the
nation shall override sectional loyalties.
(5) The State shall abolish all corrupt practices and abuse of power.
16. (1) The State shall, within the context of the ideals and objectives for
which provisions are made in this Constitution.
(a) harness the resources of the nation and promote national
prosperity and an efficient, a dynamic and self-reliant economy;
(b) control the national economy in such manner as to secure the
maximum welfare, freedom and happiness of every citizen on the basis
of social justice and equality of status and opportunity;
(c) without prejudice to its right to operate or participate in areas
of the economy, other than the major sectors of the economy, manage
and operate the major sectors of the economy;
(d) without prejudice to the right of any person to participate in
areas of the economy within the major sector of the economy, protect
the right of every citizen to engage in any economic activities
outside the major sectors of the economy.
(2) The State shall direct its policy towards ensuring:
(a) the promotion of a planned and balanced economic development;
(b) that the material resources of the nation are harnessed and
distributed as best as possible to serve the common good;
(c) that the economic system is not operated in such a manner as to
permit the concentration of wealth or the means of production and
exchange in the hands of few individuals or of a group; and
(d) that suitable and adequate shelter, suitable and adequate food,
reasonable national minimum living wage, old age care and pensions,
and unemployment, sick benefits and welfare of the disabled are
provided for all citizens.
(3) A body shall be set up by an Act of the National Assembly which shall
have power;
(a) to review, from time to time, the ownership and control of
business enterprises operating in Nigeria and make recommendations to
the President on same; and
(b) to administer any law for the regulation of the ownership and
control of such enterprises.
(4) For the purposes of subsection (1) of this section -
(a) the reference to the "major sectors of the economy" shall be
construed as a reference to such economic activities as may, from time
to time, be declared by a resolution of each House of the National
Assembly to be managed and operated exclusively by the Government of
the Federation, and until a resolution to the contrary is made by the
National Assembly, economic activities being operated exclusively by
the Government of the Federation on the date immediately preceding the
day when this section comes into force, whether directly or through
the agencies of a statutory or other corporation or company, shall be
deemed to be major sectors of the economy;
(b) "economic activities" includes activities directly concerned with
the production, distribution and exchange of weather or of goods and
services; and
(c) "participate" includes the rendering of services and supplying of
goods.
17. (1) The State social order is founded on ideals of Freedom, Equality and
Justice.
(2) In furtherance of the social order-
(a) every citizen shall have equality of rights, obligations and
opportunities before the law;
(b) the sanctity of the human person shall be recognised and human
dignity shall be maintained and enhanced;
(c) governmental actions shall be humane;
(d) exploitation of human or natural resources in any form whatsoever
for reasons, other than the good of the community, shall be prevented;
and
(e) the independence, impartiality and integrity of courts of law, and
easy accessibility thereto shall be secured and maintained.
(3) The State shall direct its policy towards ensuring that-
(a) all citizens, without discrimination on any group whatsoever, have
the opportunity for securing adequate means of livelihood as well as
adequate opportunity to secure suitable employment;
(b) conditions of work are just and humane, and that there are
adequate facilities for leisure and for social, religious and cultural
life;
(c) the health, safety and welfare of all persons in employment are
safeguarded and not endangered or abused;
(d) there are adequate medical and health facilities for all persons:
(e) there is equal pay for equal work without discrimination on
account of sex, or on any other ground whatsoever;
(f) children, young persons and the age are protected against any
exploitation whatsoever, and against moral and material neglect;
(g) provision is made for public assistance in deserving cases or
other conditions of need; and
(h) the evolution and promotion of family life is encouraged.
18. (1) Government shall direct its policy towards ensuring that there are
equal and adequate educational opportunities at all levels.
(2) Government shall promote science and technology
(3) Government shall strive to eradicate illiteracy; and to this end
Government shall as and when practicable provide
(a) free, compulsory and universal primary education;
(b) free secondary education;
(c) free university education; and
(d) free adult literacy programme.
19. The foreign policy objectives shall be -
(a) promotion and protection of the national interest;
(b) promotion of African integration and support for African unity;
(c) promotion of international co-operation for the consolidation of
universal peace and mutual respect among all nations and elimination
of discrimination in all its manifestations;
(d) respect for international law and treaty obligations as well as
the seeking of settlement of international disputes by negotiation,
mediation, conciliation, arbitration and adjudication; and
(e) promotion of a just world economic order.
20. The State shall protect and improve the environment and safeguard the
water, air and land, forest and wild life of Nigeria.
21. The State shall -
(a) protect, preserve and promote the Nigerian cultures which enhance
human dignity and are consistent with the fundamental objectives as
provided in this Chapter; and
(b) encourage development of technological and scientific studies
which enhance cultural values.
22. The press, radio, television and other agencies of the mass media shall
at all times be free to uphold the fundamental objectives contained in this
Chapter and uphold the responsibility and accountability of the Government
to the people.
23. The national ethics shall be Discipline, Integrity, Dignity of Labour,
Social, Justice, Religious Tolerance, Self-reliance and Patriotism.
24. It shall be the duty of every citizen to -
(a) abide by this Constitution, respect its ideals and its
institutions, the National Flag, the National Anthem, the National
Pledge, and legitimate authorities;
(b) help to enhance the power, prestige and good name of Nigeria,
defend Nigeria and render such national service as may be required;
(c) respect the dignity of other citizens and the rights and
legitimate interests of others and live in unity and harmony and in
the spirit of common brotherhood;
(d) make positive and useful contribution to the advancement, progress
and well-being of the community where he resides;
(e) render assistance to appropriate and lawful agencies in the
maintenance of law and order; and
(f) declare his income honestly to appropriate and lawful agencies and
pay his tax promptly.
Back to Page One
Chapter III
Citizenship
25. (1) The following persons are citizens of Nigeria by birth-namely-
(a) every person born in Nigeria before the date of independence,
either of whose parents or any of whose grandparents belongs or
belonged to a community indigenous to Nigeria;
Provided that a person shall not become a citizen of Nigeria by virtue
of this section if neither of his parents nor any of his grandparents
was born in Nigeria.
(b) every person born in Nigeria after the date of independence either
of whose parents or any of whose grandparents is a citizen of Nigeria;
and
(c) every person born outside Nigeria either of whose parents is a
citizen of Nigeria.
(2) In this section, "the date of independence" means the 1st day of
October 1960.
26. (1) Subject to the provisions of section 28 of this Constitution, a
person to whom the provisions of this section apply may be registered as a
citizen of Nigeria, if the President is satisfied that -
(a) he is a person of good character;
(b) he has shown a clear intention of his desire to be domiciled in
Nigeria; and
(c) he has taken the Oath of Allegiance prescribed in the Seventh
Schedule to this Constitution.
(2) the provisions of this section shall apply to-
(a) any woman who is or has been married to a citizen of Nigeria; or
(b) every person of full age and capacity born outside Nigeria any of
whose grandparents is a citizen of Nigeria.
27. (1) Subject to the provisions of section 28 of this Constitution, any
person who is qualified in accordance with the provisions of this section
may apply to the President for the same of a certificate of naturalisation.
(2) No person shall be qualified to apply for the grant of a certificate
or naturalisation, unless he satisfies the President that -
(a) he is a person of full age and capacity;
(b) he is a person of good character;
(c) he has shown a clear intention of his desire to be domiciled in
Nigeria;
(d) he is, in the opinion of the Governor of the State where he is or
he proposes to be resident, acceptable to the local community in which
he is to live permanently, and has been assimilated into the way of
life of Nigerians in that part of the Federation;
(e) he is a person who has made or is capable of making useful
contribution to the advancement; progress and well-being of Nigeria;
(f) he has taken the Oath of Allegiance prescribed in the Seventh
Schedule to this Constitution; and
(g) he has, immediately preceding the date of his application, either-
(i) resided in Nigeria for a continuous period of fifteen years; or
(ii) resided in Nigeria continuously for a period of twelve months,
and during the period of twenty years immediately preceding that
period of twelve months has resided in Nigeria for periods amounting
in the aggregate to not less than fifteen years.
28. (1) Subject to the other provisions of this section, a person shall
forfeit forthwith his Nigerian citizenship if, not being a citizen of
Nigeria by birth, he acquires or retains the citizenship or nationality of a
country, other than Nigeria, of which he is not a citizen by birth.
(2) Any registration of a person as a citizen of Nigeria or the grant of a
certificate of naturalisation to a person who is a citizen of a country
other than Nigeria at the time of such registration or grant shall, if he
is not a citizen by birth of that other country, be conditional upon
effective renunciation of the citizenship or nationality of that other
country within a period of not more than five months from the date of such
registration or grant.
29. (1) Any citizen of Nigeria of full age who wishes to renounce his
Nigerian citizenship shall make a declaration in the prescribed manner for
the renunciation.
(2) The President shall cause the declaration made under subsection (1) of
this section to be registered and upon such registration, the person who
made the declaration shall cease to be a citizen of Nigeria.
(3) The President may withhold the registration of any declaration made
under subsection (1) of this section if-
(a) the declaration is made during any war in which Nigeria is
physically involved; or
(b) in his opinion, it is otherwise contrary to public policy.
(4) For the purposes of subsection (1) of this section.
(a) "full age" means the age of eighteen years and above;
(b) any woman who is married shall be deemed to be of full age.
30. (1) The President may deprive a person, other than a person who is a
citizen of Nigeria by birth or by registration, of his citizenship, if he is
satisfied that such a person has, within a period of seven years after
becoming naturalised, been sentenced to imprisonment for a term of not less
than three years.
(2) The President shall deprive a person, other than a person who is
citizen of Nigeria by birth, of his citizenship, if he is satisfied from
the records of proceedings of a court of law or other tribunal or after
due inquiry in accordance with regulations made by him, that -
(a) the person has shown himself by act or speech to be disloyal
towards the Federal Republic of Nigeria; or
(b) the person has, during any war in which Nigeria was engaged,
unlawfully traded with the enemy or been engaged in or associated with
any business that was in the opinion of the president carried on in
such a manner as to assist the enemy of Nigeria in that war, or
unlawfully communicated with such enemy to the detriment of or with
intent to cause damage to the interest of Nigeria.
31. For the purposes of this Chapter, a parent or grandparent of a person
shall be deemed to be a citizen of Nigeria if at the time of the birth of
that person such parent or grandparent would have possessed that status by
birth if he had been alive on the date of independence; and in this section,
"the date of independence" has the meaning assigned to it in section 25 (2)
of this Constitution.
32. (1) The president may make regulations, not inconsistent with this
Chapter, prescribing all matters which are required or permitted to be
prescribed or which are necessary or convenient to be prescribed for
carrying out or giving effect to the provisions of this Chapter, and for
granting special immigrant status with full residential rights to
non-Nigerian spouses of citizens of Nigeria who do not wish to acquire
Nigerian citizenship.
(2) Any regulations made by the president pursuant to the provisions of
this section shall be laid before the National Assembly.
33. (1) Every person has a right to life, and no one shall be deprived
intentionally of his life, save in execution of the sentence of a court in
respect of a criminal offence of which he has been found guilty in Nigeria.
(2) A person shall not be regarded as having been deprived of his life in
contravention of this section, if he dies as a result of the use, to such
extent and in such circumstances as are permitted by law, of such force as
is reasonably necessary -
(a) for the defence of any person from unlawful violence or for the
defence of property:
(b) in order to effect a lawful arrest or to prevent the escape of a
person lawfully detained; or
(c) for the purpose of suppressing a riot, insurrection or mutiny.
34. (1) Every individual is entitled to respect for the dignity of his
person, and accordingly -
(a) no person shall be subject to torture or to inhuman or degrading
treatment;
(b) no person shall he held in slavery or servitude; and
(c) no person shall be required to perform forced of compulsory
labour.
(2) for the purposes of subsection (1) (c) of this section, "forced or
compulsory labour" does not include -
(a) any labour required in consequence of the sentence or order of a
court;
(b) any labour required of members of the armed forces of the
Federation or the Nigeria Police Force in pursuance of their duties as
such;
(c) in the case of persons who have conscientious objections to
service in the armed forces of the Federation, any labour required
instead of such service;
(d) any labour required which is reasonably necessary in the event of
any emergency or calamity threatening the life or well-being of the
community; or
(e) any labour or service that forms part of -
(i) normal communal or other civic obligations of the well-being of
the community.
(ii) such compulsory national service in the armed forces of the
Federation as may be prescribed by an Act of the National Assembly,
or
(iii) such compulsory national service which forms part of the
education and training of citizens of Nigeria as may be prescribed
by an Act of the National Assembly.
35. (1) Every person shall be entitled to his personal liberty and no person
shall be deprived of such liberty save in the following cases and in
accordance with a procedure permitted by law -
(a) in execution of the sentence or order of a court in respect of a
criminal offence of which he has been found guilty;
(b) by reason of his failure to comply with the order of a court or in
order to secure the fulfilment of any obligation imposed upon him by
law;
(c) for the purpose of bringing him before a court in execution of the
order of a court or upon reasonable suspicion of his having committed
a criminal offence, or to such extent as may be reasonably necessary
to prevent his committing a criminal offence;
(d) in the case of a person who has not attained the age of eighteen
years for the purpose of his education or welfare;
(e) in the case of persons suffering from infectious or contagious
disease, persons of unsound mind, persons addicted to drugs or alcohol
or vagrants, for the purpose of their care or treatment or the
protection of the community; or
(f) for the purpose of preventing the unlawful entry of any person
into Nigeria or of effecting the expulsion, extradition or other
lawful removal from Nigeria of any person or the taking of proceedings
relating thereto:
Provided that a person who is charged with an offence and who has been
detained in lawful custody awaiting trial shall not continue to be
kept in such detention for a period longer than the maximum period of
imprisonment prescribed for the offence.
(2) Any person who is arrested or detained shall have the right to remain
silent or avoid answering any question until after consultation with a
legal practitioner or any other person of his own choice.
(3) Any person who is arrested or detained shall be informed in writing
within twenty-four hours (and in a language that he understands) of the
facts and grounds for his arrest or detention.
(4) Any person who is arrested or detained in accordance with subsection
(1) (c) of this section shall be brought before a court of law within a
reasonable time, and if he is not tried within a period of -
(a) two months from the date of his arrest or detention in the case of
a person who is in custody or is not entitled to bail; or
(b) three months from the date of his arrest or detention in the case
of a person who has been released on bail, he shall (without prejudice
to any further proceedings that may be brought against him) be
released either unconditionally or upon such conditions as are
reasonably necessary to ensure that he appears for trial at a later
date.
(5) In subsection (4) of this section, the expression "a reasonable time"
means -
(a) in the case of an arrest or detention in any place where there is
a court of competent jurisdiction within a radius of forty kilometres,
a period of one day; and
(b) in any other case, a period of two days or such longer period as
in the circumstances may be considered by the court to be reasonable.
(6) Any person who is unlawfully arrested or detained shall be entitled to
compensation and public apology from the appropriate authority or person;
and in this subsection, "the appropriate authority or person" means an
authority or person specified by law.
(7) Nothing in this section shall be construed -
(a) in relation to subsection (4) of this section, as applying in the
case of a person arrested or detained upon reasonable suspicion of
having committed a capital offence; and
(b) as invalidating any law by reason only that it authorises the
detention for a period not exceeding three months of a member of the
armed forces of the federation or a member of the Nigeria Police Force
in execution of a sentence imposed by an officer of the armed forces
of the Federation or of the Nigeria police force, in respect of an
offence punishable by such detention of which he has been found
guilty.
36. (1) In the determination of his civil rights and obligations, including
any question or determination by or against any government or authority, a
person shall be entitled to a fair hearing within a reasonable time by a
court or other tribunal established by law and constituted in such manner as
to secure its independence and impartiality.
(2) Without prejudice to the foregoing provisions of this section, a law
shall not be invalidated by reason only that it confers on any government
or authority power to determine questions arising in the administration of
a law that affects or may affect the civil rights and obligations of any
person if such law -
(a) provides for an opportunity for the persons whose rights and
obligations may be affected to make representations to the
administering authority before that authority makes the decision
affecting that person; and
(b) contains no provision making the determination of the
administering authority final and conclusive.
(3) The proceedings of a court or the proceedings of any tribunal relating
to the matters mentioned in subsection (1) of this section (including the
announcement of the decisions of the court or tribunal) shall be held in
public.
(4) Whenever any person is charged with a criminal offence, he shall,
unless the charge is withdrawn, be entitled to a fair hearing in public
within a reasonable time by a court or tribunal:
Provided that -
(a) a court or such a tribunal may exclude from its proceedings
persons other than the parties thereto or their legal practitioners in
the interest of defence, public safety, public order, public morality,
the welfare of persons who have not attained the age of eighteen
years, the protection of the private lives of the parties or to such
extent as it may consider necessary by reason of special circumstances
in which publicity would be contrary to the interests of justice;
(b) if in any proceedings before a court or such a tribunal, a
Minister of the Government of the Federation or a commissioner of the
government of a State satisfies the court or tribunal that it would
not be in the public interest for any matter to be publicly disclosed,
the court or tribunal shall make arrangements for evidence relating to
that matter to be heard in private and shall take such other action as
may be necessary or expedient to prevent the disclosure of the matter.
(5) Every person who is charged with a criminal offence shall be presumed
to be innocent until he is proved guilty;
Provided that nothing in this section shall invalidate any law by reason
only that the law imposes upon any such person the burden of proving
particular facts.
(6) Every person who is charged with a criminal offence shall be entitled
to -
(a) be informed promptly in the language that he understands and in
detail of the nature of the offence;
(b) be given adequate time and facilities for the preparation of his
defence;
(c) defend himself in person or by legal practitioners of his own
choice;
(d) examine, in person or by his legal practitioners, the witnesses
called by the prosecution before any court or tribunal and obtain the
attendance and carry out the examination of witnesses to testify on
his behalf before the court or tribunal on the same conditions as
those applying to the witnesses called by the prosecution; and
(e) have, without payment, the assistance of an interpreter if he
cannot understand the language used at the trial of the offence.
(7) When any person is tried for any criminal offence, the court or
tribunal shall keep a record of the proceedings and the accused person or
any persons authorised by him in that behalf shall be entitled to obtain
copies of the judgement in the case within seven days of the conclusion of
the case.
(8) No person shall be held to be guilty of a criminal offence on account
of any act or omission that did not, at the time it took place, constitute
such an offence, and no penalty shall be imposed for any criminal offence
heavier than the penalty in force at the time the offence was committed
(9) No person who shows that he has been tried by any court of competent
jurisdiction or tribunal for a criminal offence and either convicted or
acquitted shall again be tried for that offence or for a criminal offence
having the same ingredients as that offence save upon the order of a
superior court.
(10) No person who shows that he has been pardoned for a criminal offence
shall again be tried for that offence.
(11) No person who is tried for a criminal offence shall be compelled to
give evidence at the trial.
(12) Subject as otherwise provided by this Constitution, a person shall
not be convicted of a criminal offence unless that offence is defined and
the penalty therefor is prescribed in a written law, and in this
subsection, a written law refers to an Act of the National Assembly or a
Law of a State, any subsidiary legislation or instrument under the
provisions of a law.
37. The privacy of citizens, their homes, correspondence, telephone
conversations and telegraphic communications is hereby guaranteed and
protected.
38. (1) Every person shall be entitled to freedom of thought, conscience and
religion, including freedom to change his religion or belief, and freedom
(either alone or in community with others, and in public or in private) to
manifest and propagate his religion or belief in worship, teaching, practice
and observance.
(2) No person attending any place of education shall be required to
receive religious instruction or to take part in or attend any religious
ceremony or observance if such instruction ceremony or observance relates
to a religion other than his own, or religion not approved by his parent
or guardian.
(3) No religious community or denomination shall be prevented from
providing religious instruction for pupils of that community or
denomination in any place of education maintained wholly by that community
or denomination.
(4) Nothing in this section shall entitle any person to form, take part in
the activity or be a member of a secret society.
39. (1) Every person shall be entitled to freedom of expression, including
freedom to hold opinions and to receive and impart ideas and information
without interference.
(2) Without prejudice to the generality of subsection (1) of this section,
every person shall be entitled to own, establish and operate any medium
for the dissemination of information, ideas and opinions:
Provided that no person, other than the Government of the Federation or of
a State or any other person or body authorised by the President on the
fulfilment of conditions laid down by an Act of the National Assembly,
shall own, establish or operate a television or wireless broadcasting
station for, any purpose whatsoever.
(3) Nothing in this section shall invalidate any law that is reasonably
justifiable in a democratic society -
(a) for the purpose of preventing the disclosure. of information
received in confidence, maintaining the authority and independence of
courts or regulating telephony, wireless broadcasting, television or
the exhibition of cinematograph films; or
(b) imposing restrictions upon persons holding office under the
Government of the Federation or of a State, members of the armed
forces of the Federation or members of the Nigeria Police Force or
other Government security services or agencies established by law.
40. Every person shall be entitled to assemble freely and associate with
other persons, and in particular he may form or belong to any political
party, trade union or any other association for the protection of his
interests:
Provided that the provisions of this section shall not derogate from the
powers conferred by this Constitution on the Independent National Electoral
Commission with respect to political parties to which that Commission does
not accord recognition.
41. (1) Every citizen of Nigeria is entitled to move freely throughout
Nigeria and to reside in any part thereof, and no citizen of Nigeria shall
be expelled from Nigeria or refused entry thereby or exit therefrom.
(2) Nothing in subsection (1) of this section shall invalidate any law
that is reasonably justifiable in a democratic society-
(a) imposing restrictions on the residence or movement of any person
who has committed or is reasonably suspected to have committed a
criminal offence in order to prevent him from leaving Nigeria; or
(b) providing for the removal of any person from Nigeria to any other
country to:-
(i) be tried outside Nigeria for any criminal offence, or
(ii) undergo imprisonment outside Nigeria in execution of the sentence
of a court of law in respect of a criminal offence of which he has
been found guilty:
Provided that there is reciprocal agreement between Nigeria and such
other country in relation to such matter.
42. (1) A citizen of Nigeria of a particular community, ethnic group, place
of origin, sex, religion or political opinion shall not, by reason only that
he is such a person:-
(a) be subjected either expressly by, or in the practical application
of, any law in force in Nigeria or any executive or administrative
action of the government, to disabilities or restrictions to which
citizens of Nigeria of other communities, ethnic groups, places of
origin, sex, religions or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application
of, any law in force in Nigeria or any such executive or
administrative action, any privilege or advantage that is not accorded
to citizens of Nigeria of other communities, ethnic groups, places of
origin, sex, religions or political opinions.
(2) No citizen of Nigeria shall be subjected to any disability or
deprivation merely by reason of the circumstances of his birth.
(3) Nothing in subsection (1) of this section shall invalidate any law by
reason only that the law imposes restrictions with respect to the
appointment of any person to any office under the State or as a member of
the armed forces of the Federation or member of the Nigeria Police Forces
or to an office in the service of a body, corporate established directly
by any law in force in Nigeria.
43. Subject to the provisions of this Constitution, every citizen of Nigeria
shall have the right to acquire and own immovable property anywhere in
Nigeria.
44. (1) No moveable property or any interest in an immovable property shall
be taken possession of compulsorily and no right over or interest in any
such property shall be acquired compulsorily in any part of Nigeria except
in the manner and for the purposes prescribed by a law that, among other
things -
(a) requires the prompt payment of compensation therefore and
(b) gives to any person claiming such compensation a right of access
for the determination of his interest in the property and the amount
of compensation to a court of law or tribunal or body having
jurisdiction in that part of Nigeria.
(2) Nothing in subsection (1) of this section shall be construed as
affecting any general law.
(a) for the imposition or enforcement of any tax, rate or duty;
(b) for the imposition of penalties or forfeiture for breach of any
law, whether under civil process or after conviction for an offence;
(c) relating to leases, tenancies, mortgages, charges, bills of sale
or any other rights or obligations arising out of contracts.
(d) relating to the vesting and administration of property of persons
adjudged or otherwise declared bankrupt or insolvent, of persons of
unsound mind or deceased persons, and of corporate or unincorporate
bodies in the course of being wound-up;
(e) relating to the execution of judgements or orders of court;
(f) providing for the taking of possession of property that is in a
dangerous state or is injurious to the health of human beings, plants
or animals;
(g) relating to enemy property;
(h) relating to trusts and trustees;
(i) relating to limitation of actions;
(j) relating to property vested in bodies corporate directly
established by any law in force in Nigeria;
(k) relating to the temporary taking of possession of property for the
purpose of any examination, investigation or enquiry;
(l) providing for the carrying out of work on land for the purpose of
soil-conservation; or
(m) subject to prompt payment of compensation for damage to buildings,
economic trees or crops, providing for any authority or person to
enter, survey or dig any land, or to lay, install or erect poles,
cables, wires, pipes, or other conductors or structures on any land,
in order to provide or maintain the supply or distribution of energy,
fuel, water, sewage, telecommunication services or other public
facilities or public utilities.
(3) Notwithstanding the foregoing provisions of this section, the entire
property in and control of all minerals, mineral oils and natural gas in
under or upon any land in Nigeria or in, under or upon the territorial
waters and the Exclusive Economic Zone of Nigeria shall vest in the
Government of the Federation and shall be managed in such manner as may be
prescribed by the National Assembly.
45. (1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall
invalidate any law that is reasonably justifiable in a democratic society
(a) in the interest of defence, public safety, public order, public
morality or public health; or
(b) for the purpose of protecting the rights and freedom or other
persons
(2) An act of the National Assembly shall not be invalidated by reason
only that it provides for the taking, during periods of emergency, of
measures that derogate from the provisions of section 33 or 35 of this
Constitution; but no such measures shall be taken in pursuance of any such
act during any period of emergency save to the extent that those measures
are reasonably justifiable for the purpose of dealing with the situation
that exists during that period of emergency:
Provided that nothing in this section shall authorise any derogation from
the provisions of section 33 of this Constitution, except in respect of
death resulting from acts of war or authorise any derogation from the
provisions of section 36(8) of this Constitution.
(3) In this section, a " period of emergency" means any period during
which there is in force a Proclamation of a state of emergency declared by
the President in exercise of the powers conferred on him under section 305
of this Constitution.
46. (1) Any person who alleges that any of the provisions of this Chapter
has been, is being or likely to be contravened in any State in relation to
him may apply to a High Court in that State for redress.
(2) Subject to the provisions of this Constitution, a High Court shall
have original jurisdiction to hear and determine any application made to
it in pursuance of this section and may make such orders, issue such writs
and give such directions as it may consider appropriate for the purpose of
enforcement or securing the enforcing within that State of any right to
which the person who makes the application may be entitled under this
Chapter.
(3) The Chief Justice of Nigeria may make rules with respect to the
practice and procedure of a High Court for the purposes of this section.
(4) The National Assembly -
(a) may confer upon a High Court such powers in addition to those
conferred by this section as may appear to the National Assembly to be
necessary or desirable for the purpose of enabling the court more
effectively to exercise the jurisdiction conferred upon it by this
section; and
(b) shall make provisions-
(i) for the rendering of financial assistance to any indigent citizen
of Nigeria where his right under this Chapter has been infringed or
with a view to enabling him to engage the services of a legal
practitioner to prosecute his claim, and
(ii) for ensuring that allegations of infringement of such rights are
substantial and the requirement or need for financial or legal aid is
real.
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to Page One
Chapter V
A - Composition and Staff of National
Assembly
47. There shall be a National Assembly for the Federation which shall
consist of a Senate and a House of Representatives.
48. The Senate shall consist of three Senators from each State and one from
the Federal Capital Territory, Abuja.
49. Subject to the provisions of this Constitution, the House of
Representatives shall consist of three hundred and sixty members
representing constituencies of nearly equal population as far as possible,
provided that no constituency shall fall within more than one State.
50. (1) There shall be:-
(a) a President and a Deputy President of the Senate, who shall be
elected by the members of that House from among themselves; and
(b) a Speaker and a Deputy Speaker of the House of Representatives,
who shall be elected by the members of that House from among
themselves.
(2) The President or Deputy President of the Senate or the Speaker or
Deputy Speaker of the House of Representatives shall vacate his office -
(a) if he ceases to be a member of the Senate or of the House of
Representatives, as the case may be, otherwise than by reason of a
dissolution of the Senate or the House of Representatives; or
(b) when the House of which he was a member first sits after any
dissolution of that House; or
(c) if he is removed from office by a resolution of the Senate or of
the House of Representatives, as the case may be, by the votes of not
less than two-thirds majority of the members of that House.
51. There shall be a Clerk to the National Assembly and such other staff as
may be prescribed by an Act of the National Assembly, and the method of
appointment of the Clerk and other staff of the National Assembly shall be
as prescribed by that tab
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B - Procedure for Summoning and Dissolution of National Assembly
52. (1) Every member of the Senate or the House of Representatives shall,
before taking his seat, declare his assets and liabilities as prescribed in
this Constitution and subsequently take and subscribe the Oath of Allegiance
and the oath of membership as prescribed in the Seventh Schedule to this
Constitution before the President of the Senate or, as the case may be, the
Speaker of the House of Representatives, but a member may before taking the
oaths take part in the election of a President and a Deputy President of the
Senate, as the case may be, or a Speaker and a Deputy Speaker of the House
of Representatives.
(2) The President and Deputy President of the Senate and the Speaker and
the Deputy Speaker of the House of Representative s shall declare their
assets and liabilities as prescribed in this Constitution and subsequently
take and subscribe the Oath of Allegiance and the oath of membership
prescribed as aforesaid before the Clerk of the National Assembly.
53. (1) At any sitting of the National Assembly -
(a) in the case of the Senate, the President of the Senate shall
preside, and in his absence the Deputy President shall preside; and
(b) in the case of the House of Representatives, the Speaker of that
House shall preside, and in his absence the Deputy Speaker shall
preside.
(2) At any joint sitting of the Senate and House of Representatives -
(a) the President of Senate shall preside, and in his absence the
Speaker of the House of Representatives shall preside; and
(b) in the absence of the persons mentioned in paragraph (a) of this
subsection, the Deputy President of the Senate shall preside, and in
his absence the Deputy Speaker of the House of Representatives shall
preside.
(3) In the absence of the persons mentioned in the foregoing provisions of
this section, such member of the Senate or the House of Representatives or
of the joint sitting, as the case may be, as the Senate or the House of
Representatives or the joint sitting may elect for that purpose shall
preside.
54. (1) The quorum of the Senate or of the House of Representatives shall be
one-third of all the members on of the Legislative House concerned.
(2) The quorum of a joint sitting of both the Senate or of the House of
Representatives shall be one-third of all the members of both Houses.
(3) If objection is taken by any member of the Senate or the House of
Representatives present that there are present in the House of which he is
a member (besides the person presiding fewer than one-third of all the
members of that House and that it is not competent for the House to
transact business, and after such interval as may be prescribed in the
rules of procedure of the House, the person presiding ascertains that the
number of members present is still less than one-third of all the members
of the House he shall adjourn the House.
(4) The foregoing provisions of this section shall apply in relation to a
joint sitting of both Houses of the National Assembly as they apply in
relation to a House of the National Assembly as if references to the
Senate or the House of Representatives and a member of either Houses are
references to both Houses and to any member of the National Assembly,
respectively.
55. The business of the National Assembly shall be conducted in English, and
in Hausa, Ibo and Yoruba when adequate arrangements have been made therefor.
56. (1) Except as otherwise provided by this Constitution any question
proposed for decision in the Senate or the House of Representatives shall be
determined by the required majority or the members present and voting; and
the person presiding shall cast a vote whenever necessary y to avoid an
equality of votes but shall not vote in any other case.
(2) Except as otherwise provided by this Constitution, the required
majority for the purpose of determining any question shall be a simple
majority.
(3) The Senate or the House of Representatives shall by its rules provide
-
(a) that a member of the House shall declare any direct pecuniary
interest he may have in any matter coming before the House for
deliberation;
(b) that the House may by resolution decide whether or not such member
may vote, or participate in its deliberations, on such matter;
(c) the penalty, if any, which the House may impose for failure to
declare any direct pecuniary interest such member may have; and`
(d) for such other matters pertaining to the foregoing as the House
may think necessary,
but nothing in the foregoing provisions shall enable any rules to be
made to require any member, who signifies his intention not to vote on
or participate in such matter, and who does not so vote or
participate, to declare any such interest.
57. Any person who sits or votes in the Senate or the House of
Representatives knowing or having reasonable grounds for knowing that he is
not entitled to do so commits an offence and is liable on conviction to such
punishment as shall be prescribed by an Act of the National Assembly.
58. (1) The power of the National Assembly to make laws shall be exercised
by bills passed by both the Senate and the House of Representatives and,
except as otherwise provided by subsection (5) of this section, assented to
by the President.
(2) A bill may originate in either the Senate or the House of
Representatives and shall not become law unless it has been passed and,
except as otherwise provided by this section and section 59 of this
Constitution, assented to in accordance with the provisions of this
section.
(3) Where a bill has been passed by the House in which it originated, it
shall be sent to the other House, and it shall be presented to the
President for assent when it has been passed by that other House and
agreement has been reached between the two Houses on any amendment made on
it.
(4) Where a bill is presented to the President for assent, he shall within
thirty days thereof signify that he assents or that he withholds assent.
(5) Where the President withholds his assent and the bill is again passed
by each House by two-thirds majority, the bill shall become law and the
assent of the President shall not be required.
59. (1) The provisions of this section shall apply to:
(a) an appropriation bill or a supplementary appropriation bill,
including any other bill for the payment, issue or withdrawal from the
Consolidated Revenue Fund or any other public fund of the Federation
of any money charged thereon or any alteration in the amount of such a
payment, issue or withdrawal; and
(b) a bill for the imposition of or increase in any tax, duty or fee
or any reduction, withdrawal or cancellation thereof.
(2) Where a bill to which this section applies is passed by one of the
Houses of the National Assembly but is not passed by the other House
within a period of two months from the commencement of a financial year,
the President of the Senate shall within fourteen days thereafter arrange
for and convene a meeting of the joint finance committee to examine the
bill with a view to resolving the differences between the two Houses.
(3) Where the joint finance committee fails to resolve such differences,
then the bill shall be presented to the National Assembly sitting at a
joint meeting, and if the bill is passed at such joint meeting, it shall
be presented to the President for assent.
(4) Where the President, within thirty days after the presentation of the
bill to him, fails to signify his assent or where he withholds assent,
then the bill shall again be presented to the National Assembly sitting at
a joint meeting, and if passed by two-thirds majority of members of both
houses at such joint meeting, the bill shall become law and the assent of
the President shall not be required.
(5) In this section, "joint finance committee" refers to the joint
committee of the National Assembly on finance established pursuant to
section 62(3) of this Constitution.
60. Subject to the provisions of this Constitution, the Senate or the House
of Representatives shall have power to regulate its own procedure, including
the procedure for summoning and recess of the House.
61. The Senate or the House of Representatives may act notwithstanding any
vacancy in its membership, and the presence or participation of any person
not entitled to be present at or to participate in the proceedings of the
House shall not invalidate those proceedings.
62. (1) The Senate or the House of Representatives may appoint a committee
of its members for such special or general purpose as in its opinion would
be better regulated and managed by means of such a committee, and may by
resolution, regulation or otherwise, as it thinks fit, delegate any
functions exercisable by it to any such committee.
(2) The number of members of a committee appointed under this section,
their terms of office and quorum shall be fixed by the House appointing
it.
(3) The Senate and the House of Representatives shall appoint a joint
committee on finance consisting of an equal number of persons appointed by
each House and may appoint any other joint committee under the provisions
of this section.
(4) Nothing in this section shall be construed as authorising such House
to delegate to a committee the power to decide whether a bill shall be
passed into law or to determine any matter which it is empowered to
determine by resolution under the provisions of this Constitution, but the
committee may be authorised to make recommendations to the House on any
such matter.
63. The Senate and the House of Representatives shall each sit for a period
of not less than one hundred and eighty-one days in a year.
64. (1) The Senate and the House of Representatives shall each stand
dissolved at the expiration of a period of four years commencing from the
date of the first sitting of the House.
(2) If the Federation is at war in which the territory of Nigeria is
physically involved and the President considers that it is not practicable
to hold elections, the National Assembly may by resolution extend the
period of four years mentioned in subsection (1) of this section from time
to time but not beyond a period of six months at any one time.
(3) Subject to the provisions of this Constitution, the person elected as
the President shall have power to issue a proclamation for the holding of
the first session of the National Assembly immediately after his being
sworn in, or for its dissolution as provided in this section.
C - Qualifications for Membership of
National Assembly and Right of Attendance
65. (1) Subject to the provisions of section 66 of this Constitution, a
person shall be qualified for election as a member of:
(a) the Senate, if he is a citizen of Nigeria and has attained the age
of 35 years; and
(b) the House of Representatives, if he is a citizen of Nigeria and
has attained the age of 30 years;
(2) A person shall be qualified for election under subsection (1) of this
section if:
(a) he has been educated up to at least School Certificate level or
its equivalent; and
(b) he is a member of a political party and is sponsored by that
party.
66. (1) No person shall be qualified for election to the Senate or the House
of Representatives if:
(a) subject to the provisions of section 28 of this Constitution, he
has voluntarily acquired the citizenship of a country other than
Nigeria or, except in such cases as may be prescribed by the National
Assembly, has made a declaration of allegiance to such a country;
(b) under any law in force in any part of Nigeria, he is adjudged to
be a lunatic or otherwise declared to be of unsound mind;
(c) he is under a sentence of death imposed on him by any competent
court of law or tribunal in Nigeria or a sentence of imprisonment or
fine for an offence involving dishonesty or fraud (by whatever name
called) or any other offence imposed on him by such a court or
tribunal or substituted by a competent authority for any other
sentence imposed on him by such a court;
(d) within a period of less than 10 years before the date of an
election to a legislative house, he has been convicted and sentenced
for an offence involving dishonesty or he has been found guilty of a
contravention of the Code of Conduct;
(e) he is an undischarged bankrupt, having been adjudged or otherwise
declared bankrupt under any law in force in any part of Nigeria;
(f) he is a person employed in the public service of the Federation or
of any State and has not resigned, withdrawn or retired from such
employment 30 days before the date of election;
(g) he is a member of a secret society;
(h) he has been indicted for embezzlement or fraud by Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the Federal or State Government which
indictment has been accepted by the Federal or State Governments
respectively; or.
(i) he has presented a forged certificate to the Independence National
Electoral Commission.
(2) Where in respect of any person who has been-
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt,
any appeal against the decision is pending in any court of law in
accordance with any law in force in Nigeria, subsection (1) of the
section shall not apply during a period beginning from the date when
such appeal is lodged and ending on the date when the appeal is
finally determined or, as the case may be, the appeal lapses or is
abandoned, whichever is earlier.
(3) For the purposes of subsection (2) of this section "appeal" includes
any application for an injunction or an order certiorari, mandamus,
prohibition or habeas corpus, or any appeal from any such application.
67. (1) The President may attend any joint meeting of the National Assembly
or any meeting of either House of the National Assembly, either to deliver
an address on national affairs including fiscal measures, or to make such
statement on the policy of government as he considers to be of national
importance.
(2) A Minister of the Government of the Federation attend either House of
the National Assembly if invited to express to the House the conduct of
his Ministry, and in particular when the affairs of that Ministry are
under discussion.
(3) Nothing in this section shall enable any person who is not a member of
the Senate or of the House of Representatives to vote in that House or in
any of its committees.
68. (1) A member of the Senate or of the House of Representatives shall
vacate his seat in the House of which he is a member if -
(a) he becomes a member of another legislative house.
(b) any other circumstances arise that, if he were not a member of the
Senate or the House of Representatives, would cause him to be
disqualified for election as a member;
(c) he ceases to be a citizen of Nigeria;
(d) he becomes President, Vice-President, Governor, Deputy Governor or
a Minister of the Government of the Federation or a Commissioner of
the Government of a State or a Special Adviser.
(e) save as otherwise prescribed by this Constitution, he becomes a
member of a commission or other body established by this Constitution
or by any other law.
(f) without just cause he is absent from meetings of the House of
which he is a member for a period amounting in the aggregate to more
than one-third of the total number of days during which the House
meets in any one year;
(g) being a person whose election to the House was sponsored by a
political party, he becomes a member of another political party before
the expiration of the period for which that House was elected;
Provided that his membership of the latter political party is not as a
result of a division in the political party of which he was previously
a member or of a merger of two or more political parties or factions
by one of which he was previously sponsored; or
(h) the President of the Senate or, as the case may be, the Speaker of
the House of Representatives receives a certificate under the hand of
the Chairman of the Independent National Electoral Commission stating
that the provisions of section 69 of this Constitution have been
complied with in respect of the recall of that member.
(2) The President of the Senate or the Speaker of the House of
Representatives, as the case may be, shall give effect to the provisions
of subsection (1) of this section, so however that the President of the
Senate or the Speaker of the House of Representatives or a member shall
first present evidence satisfactory to the House concerned that any of the
provisions of that subsection has become applicable in respect of that
member.
(3) A member of the Senate or of the House of Representatives shall be
deemed to be absent without just cause from a meeting of the House of
which he is a member, unless the person presiding certifies in writing
that he is satisfied that the absence of the member from the meeting was
for a just cause.
69. A member of the Senate or of the House Representatives may be recalled
as such a member if -
(a) there is presented to the Chairman of the Independent National
Electoral Commission a petition in that behalf signed by more than
one-half of the persons registered to vote in that member's
constituency alleging their loss of confidence in that member; and
(b) the petition is thereafter, in a referendum conducted by the
Independent National Electoral Commission within ninety days of the
date of receipt of the petition, approved by a simple majority of the
votes of the persons registered to vote in that member's constituency.
70. A member of the Senate or of the House of Representatives shall receive
such salary and other allowances as Revenue Mobilisation Allocation and
Fiscal Commission may determine
D - Elections to National Assembly
71. Subject to the provisions of section 72 of this Constitution, the
Independent National Electoral Commission shall -
(a) divide each State of the Federation into three Senatorial
districts for purposes of elections to the Senate; and
(b) subject to the provisions of section 49 of this Constitution,
divide the Federation into three hundred and sixty Federal
constituencies for purposes of elections to the House of
Representatives.
72. No Senatorial district or Federal constituency shall fall within more
than one State, and the boundaries of each district or constituency shall be
as contiguous as possible and be such that the number of inhabitants thereof
is as nearly equal to the population quota as is reasonably practicable.
73. (1) The Independent National Electoral Commission shall review the
division of States and of the Federation into Senatorial districts and
Federal constituencies at intervals of not less than ten years, and may
alter the districts or constituencies in accordance with the provisions of
this section to such extent as it may consider desirable in the light of the
review.
(2) Notwithstanding subsection (1) of this section, the Independent
National Electoral Commission may at any time carry out such a review and
alter the districts or constituencies in accordance with the provisions of
this section to such extent as it considers necessary, in consequence of
any amendment to section 8 of this Constitution or any provision replacing
that section, or by reason of the holding of a census of the population,
or pursuant to an Act of the National Assembly.
74. Where the boundaries of any Senatorial district or Federal constituency
established under section 71 of this Constitution are altered in accordance
with the provisions section 73 hereof, the alteration shall come into effect
after it has been approved by each House of the National Assembly and after
the current life of the Senate (in the case of an alteration to the
boundaries of a Senatorial district) or the House of s (in the case of an
alteration to the boundaries of a Federal constituency).
75. For the purposes of section 72 of this Constitution, the number of
inhabitants of Nigeria or any part thereof shall be ascertained by reference
to the 1991 census of the population of Nigeria or the latest census held in
pursuance of an Act of the National Assembly after the coming into force of
the provisions of this Part of this Chapter of this Constitution.
76. (1) Elections to each House of the National Assembly shall be held on a
date to be appointed by the Independent National Electoral Commission.
(2) The date mentioned in subsection (1) of this section shall not be
earlier than sixty days before and not later than the date on which the
House stands dissolved, or where the election to fill a vacancy occurring
more than three months before such date; not later than one month after
the vacancy occurred.
77. (1) Subject to the provisions of this Constitution, every Senatorial
district or Federal constituency established in accordance with the
provisions of this Part of this Chapter shall return a member who shall be
directly elected to the Senate or the House of Representatives in such
manner as may be prescribed by an act of the National Assembly.
(2) Every citizen of Nigeria, who has attained the age of eighteen years
residing in Nigeria at the time of the registration of voters for purposes
of election to a legislative house, shall be entitled to be registered as
a voter for that election.
78. The registration of voters and the conduct of elections shall be subject
to the direction and supervision of Independent National Electoral
Commission.
79. The National Assembly shall make provisions in respects -
(a) persons who may apply to an election tribunal for determination of
any question as to whether -
(i) any person has been validly elected as a member of the Senate or
of the House of Representatives,
(ii) the term of office of any person has ceased, or
(iii) the seat in the Senate or in the House of Representatives of a
member of that House has become vacant;
(b) circumstances and manner in which, and the conditions upon which,
such application may be made; and
(c) powers, practice and procedure of the election tribunal in
relation to any such application.
80. (1) All revenues or other moneys raised or received by the Federation
(not being revenues or other moneys payable under this Constitution or any
Act of the National Assembly into any other public fund of the Federation
established for a specific purpose) shall be paid into and form one
Consolidated Revenue Fund of the Federation.
(2) No moneys shall be withdrawn from the Consolidated Revenue Fund of the
Federation except to meet expenditure that is charged upon the fund by
this Constitution or where the issue of those moneys has been authorised
by an Appropriation Act, Supplementary Appropriation Act or an Act passed
in pursuance of section 81 of this Constitution.
(3) No moneys shall be withdrawn from any public fund of the Federation,
other than the Consolidated Revenue Fund of the Federation, unless the
issue of those moneys has been authorised by an Act of the National
Assembly.
(4) No moneys shall be withdrawn from the Consolidated Revenue Fund or any
other public fund of the Federation, except in the manner prescribed by
the National Assembly.
81. (1) The President shall cause to be prepared and laid before each House
of the National Assembly at any time in each financial year estimates of the
revenues and expenditure of the Federation for the next following financial
year.
(2) The heads of expenditure contained in the estimates (other than
expenditure charged upon the Consolidated Revenue Fund of the Federation
by this Constitution) shall be included in a bill, to be known as an
Appropriation Bill, providing for the issue from the Consolidated Revenue
Fund of the sums necessary to meet that expenditure and the appropriation
of those sums for the purposes specified therein.
(3) Any amount standing to the credit of the judiciary in the Consolidated
Revenue Fund of the Federation shall be paid directly to the National
Judicial Council for disbursement to the heads of the courts established
for the Federation and the State under section 6 of this Constitution.
(4) If in respect of any financial year it is found that -
(a) the amount appropriated by the Appropriation Act for any purpose
is insufficient; or
(b) a need has arisen for expenditure for a purpose for which no
amount has been appropriated by the Act,
a supplementary estimate showing the sums required shall be laid
before each House of the National Assembly and the heads of any such
expenditure shall be included in a Supplementary Appropriation Bill.
82. If the Appropriation Bill in respect of any financial year has not been
passed into law by the beginning of the financial year, the President may
authorise the withdrawal of moneys in the Consolidated Revenue Fund of the
Federation for the purpose of meeting expenditure necessary to carry on the
services of the Government of the Federation for a period not exceeding
months or until the coming into operation of the Appropriate Act, whichever
is the earlier:
Provided that the withdrawal in respect of any such period shall not exceed
the amount authorised to be withdrawn from the Consolidated Revenue Fund of
the Federation under the provisions of the Appropriation Act passed by the
National Assembly for the corresponding period in the immediately preceding
financial year, being an amount proportionate to the total amount so
authorised for the immediately preceding financial year.
83. (1) The National Assembly may by law make provisions for the
establishment of a Contingencies Fund for the Federation and for authorising
the President, if satisfied that there has arisen an urgent and unforeseen
need for expenditure for which no other provision exists, to make advances
from the Fund to meet the need.
(2) Where any advance is made in accordance with the provisions of this
section, a Supplementary Estimate shall be presented and a Supplementary
Appropriation Bill shall be introduced as soon as possible for the purpose
of replacing the amount so advanced.
84. (1) There shall be paid to the holders of the offices mentioned in this
section such remuneration, salaries and allowances as may be prescribed by
the National Assembly, but not exceeding the amount as shall have been
determined by the Revenue Mobilisation Allocation and Fiscal Commission.
(2) The remuneration, salaries and allowances payable to the holders of
the offices so mentioned shall be a charge upon the Consolidated Revenue
Fund of the Federation.
(3) The remuneration and salaries payable to the holders of the said
offices and their conditions of service, other than allowances, shall not
be altered to their disadvantage after their appointment.
(4) The offices aforesaid are the offices of President, Vice-President,
Chief Justice of Nigeria, Justice of the Supreme Court, President of the
Court of Appeal, Justice of the Court of Appeal, Chief Judge of the
Federal High Court, Judge of the Federal High Court, Chief Judge and Judge
of the High Court of the Federal Capital Territory, Abuja, Chief Judge of
a State, Judge of the High Court of a State, Grand Kadi of the Sharia
Court of Appeal of the Federal Capital Territory, Abuja, President and
Judge of the Customary Court of Appeal of the Federal Capital Territory,
Abuja, Grand Kadi and Kadi of the Sharia Court of Appeal of a State,
President and Judge of the Customary Court of Appeal of a State, the
Auditor-General for the Federation and the Chairmen and members of the
following executive bodies, namely, the Code of Conduct Bureau, the
Federal Civil Service Commission, the Independent National Electoral
Commission, the National Judicial Council, the Federal Judicial Service
Commission, the Judicial Service Committee of the Federal Capital
Territory, Abuja, the Federal Character Commission, the Code of Conduct
Tribunal, the National Population Commission, the Revenue Mobilisation
Allocation and Fiscal Commission, the Nigeria Police Council and the
Police Service Commission.
(5) Any person who has held office as President or Vice-President shall be
entitled to pension for life at a rate equivalent to the annual salary of
the incumbent President or Vice-President:
Provided that such a person was not removed from office by the process of
impeachment or for breach of any provisions of this Constitution.
(6) Any pension granted by virtue of subsection (5) of this section shall
be a charge upon the Consolidated Revenue Fund of the Federation.
(7) The recurrent expenditure of judicial offices in the Federation (in
addition to salaries and allowances of the judicial officers mentioned in
subsection (4) of this section) shall be charge upon the Consolidated
Revenue Fund of the Federation.
85. (1) There shall be an Auditor-General for the Federation who shall be
appointed in accordance with the provisions of section 86 of this
Constitution.
(2) The public accounts of the Federation and of all offices and courts of
the Federation shall be audited and reported on to the Auditor-General who
shall submit his reports to the National Assembly; and for that purpose,
the Auditor-General or any person authorised by him in that behalf shall
have access to all the books, records, returns and other documents
relating to those accounts.
(3) Nothing in subsection (2) of this section shall be construed as
authorising the Auditor-General to audit the accounts of or appoint
auditors for government statutory corporations, commissions, authorities,
agencies, including all persons and bodies established by an Act of the
National Assembly, but the Auditor-General shall -
(a) provide such bodies with -
(i) a list of auditors qualified to be appointed by them as external
auditors and from which the bodies shall appoint their external
auditors, and
(ii) guidelines on the level of fees to be paid to external
auditors; and
(b) comment on their annual accounts and auditor's reports thereon.
(4) The Auditor-General shall have power to conduct checks of all
government statutory corporations, commissions, authorities, agencies,
including all persons and bodies established by an Act of the National
Assembly.
(5) The Auditor-General shall, within ninety days of receipt of the
Accountant-General's financial statement, submit his reports under this
section to each House of the National Assembly and each House shall cause
the reports to be considered by a committee of the House of the National
Assembly responsible for public accounts.
(6) In the exercise of his functions under this Constitution, the
Auditor-General shall not be subject to the direction or control of any
other authority or person.
86. (1) The Auditor-General for the Federation shall be appointed by the
President on the recommendation of the Federal Civil Service Commission
subject to confirmation by the Senate.
(2) The power to appoint persons to act in the office of the
Auditor-General shall vest in the President.
(3) Except with the sanction of a resolution of the Senate, no person
shall act in the office of the Auditor-General for a period exceeding six
months.
87. (1) A person holding the office of the Auditor-General for the
Federation shall be removed from office by the President acting on an
address supported by two-thirds majority of the Senate praying that he be so
removed for inability to discharge the functions of his-office (whether
arising from infirmity of mind or body or any other cause) or for
misconduct.
(2) The Auditor-General shall not be removed from office before such
retiring age as may be prescribed by law, save in accordance with the
provisions of this section.
88. (1) Subject to the provisions of this Constitution, each House of the
National Assembly shall have power by resolution published in its journal or
in the Official Gazette of the Government of the Federation to direct or
cause to be directed investigation into -
(a) any matter or thing with respect to which it has power to make
laws, and
(b) the conduct of affairs of any person, authority, ministry or
government department charged, or intended to be charged, with the
duty of or responsibility for -
(i) executing or administering laws enacted by National Assembly,
and
(ii) disbursing or administering moneys appropriated or to be
appropriated by the National Assembly.
(2) The powers conferred on the National Assembly under the provisions of
this section are exercisable only for the purpose of enabling it to -
(a) make laws with respect to any matter within its legislative
competence and correct any defects in existing laws; and
(b) expose corruption, inefficiency or waste in the execution or
administration of laws within its legislative competence and in the
disbursement or administration of funds appropriated by it.
89. (1) For the purposes of any investigation under section 88 of this
Constitutional and subject to the provisions thereof, the Senate or the
House of Representatives or a committee appointed in accordance with section
62 of this Constitution shall have power to -
(a) procure all such evidence, written or oral, direct or
circumstantial, as it may think necessary or desirable, and examine
all persons as witnesses whose evidence may be material or relevant to
the subject matter;
(b) require such evidence to be given on oath;
(c) summon any person in Nigeria to give evidence at any place or
produce any document or other thing in his possession or under his
control, and examine him as a witness and require him to produce any
document or other thing in his possession or under his control,
subject to all just exceptions; and
(d) issue a warrant to compel the attendance of any person who, after
having been summoned to attend, fails, refuses or neglects to do so
and does not excuse such failure, refusal or neglect to the
satisfaction of the House or the committee in question, and order him
to pay all costs which may have been occasioned in compelling his
attendance or by reason of his failure, refusal or neglect to obey the
summons, and also to impose such fine as may be prescribed for any
such failure, refused or neglect; and any fine so imposed shall be
recoverable in the same manner as a fine imposed by a court of law.
(2) A summons or warrant issued under this section may be served or
executed by any member of the Nigeria Police Force or by any person
authorised in that behalf by the President of the Senate or the Speaker of
the House of Representatives, as the case may require.
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90. There shall be a House of Assembly for each of the States of the
Federation.
91. Subject to the provisions of this Constitution, a House of Assembly of a
State shall consist of three or four times the number of seats which that
State has in the House of Representatives divided in a way to reflect, as
far as possible nearly equal population:
Provided that a House of Assembly of a State shall consist of not less than
twenty-four and not more than forty members.
92. (1) There shall be a Speaker and a Deputy Speaker of a House of Assembly
who shall be elected by the members of the House from among themselves.
(2) The Speaker or Deputy Speaker of the House of Assembly shall vacate
his office -
(a) if he ceases to be a member of the House of Assembly otherwise
than by reason of the dissolution of the House;
(b) When the House first sits after any dissolution of House; or
(c) if he is removed from office by a resolution of House of Assembly
by the votes of not less than two-third majority of the members of the
House.
93. There shall be a Clerk to a House of Assembly and such other staff as
may be prescribed by a Law enacted by the House of Assembly, and the method
of appointment of the Clerk and other staff of the House shall be as
prescribed by that Law.
B - Procedure for Summoning and Dissolution of House of Assembly
94. (1) Every person elected to a House of Assembly shall before taking his
seat in that House, declare his assets and liabilities in the manner
prescribed in this Constitution and subsequently take and subscribe before
the Speaker of the House, the Oath of Allegiance and oath of membership
prescribed in the Seventh Schedule to this Constitution, but a member may,
before taking the oaths, take part in the election of the Speaker and Deputy
Speaker of the House of Assembly.
(2) The Speaker and Deputy Speaker of a House of Assembly shall declare
their assets and liabilities in the manner prescribed by this Constitution
and subsequently take and subscribe to the Oath of Allegiance and the oath
of membership prescribed as aforesaid before the Clerk of the House of
Assembly.
95. (1) At any sitting of a House of Assembly, the Speaker of that House
shall preside, and in his absence the Deputy Speaker shall preside.
(2) In the absence of the Speaker and Deputy Speaker of the House, such
member of the House as the House may elect for a purpose shall preside.
96. (1) The quorum of a House of Assembly shall be one-third of all the
members of the House.
(2) If objection is taken by any member of a House of Assembly present
that there are present in that House (besides the person presiding) fewer
than one-third of all the members of that House and that it is not
competent for the House to transact business, and after such interval as
may be prescribed in the rules of procedure of the House, the person
presiding ascertains that the number of members present is still less than
one-third of all the members of the House, he shall adjourn the House.
97. The business of a House of Assembly shall be conducted in English, but
the House may in addition to English conduct the business of the House in
one or more other languages spoken in the State as the House may by
resolution approve.
98. (1) Except as otherwise provided by this Constitution, any question
proposed for decision in a House of Assembly shall be determined by the
required majority of the members present and voting; and the person
presiding shall cast a vote whenever necessary to avoid an equality of votes
but shall not vote in any other case.
(2) Except as otherwise provided by this Constitution, the required
majority for the purpose of determining any question shall be a simple
majority.
(3) A House of Assembly shall by its rules provide -
(a) that a member of the House shall declare any direct pecuniary
interest he may have in any matter coming before the House for
deliberation;
(b) that the House may by resolution decide whether or not such member
may vote or participate in its deliberations, on such matter;
(c) the penalty, if any, which the House may impose for failure to
declare any direct pecuniary interest such member may have; and
(d) for such other matters pertaining to the foregoing as the House
may think necessary, but nothing in this subsection shall enable any
rules to be made to require any member, who signifies his intention
not to vote on or participate in such matter, and who does not so vote
or participate, to declare any such interest.
99. Any person who sits or votes in a House of Assembly of a State knowing
or having reasonable grounds for knowing that he is not entitled to do so
commits an offence and is liable on conviction to such punishment as shall
be prescribed by a Law of the House of Assembly.
100. (1) The power of a House of Assembly to make laws shall be exercised by
bills passed by the House of Assembly and, except as otherwise provided by
this section, assented to by the Governor.
(2) A bill shall not become Law unless it has been duly passed and,
subject to subsection (1) of this section, assented to in accordance with
the provisions of this section.
(3) Where a bill has been passed by the House of Assembly it shall be
presented to the Governor for assent.
(4) Where a bill is presented to the Governor for assent he shall within
thirty days thereof signify that he assents or that he withholds assent.
(5) Where the Governor withholds assent and the bill is again passed by
the House of Assembly by two-thirds majority, the bill shall become law
and the assent of the Governor shall not be required.
101. Subject to the provisions of this Constitution, a House of Assembly
shall have power to regulate its own procedure, including the procedure for
summoning and recess of the House.
102. A House of Assembly may act notwithstanding any vacancy in its
membership, and the presence or participation of any person not entitled to
be present at or to participate in the proceedings of the House shall not
invalidate such proceedings.
103. (1) A House of Assembly may appoint a committee of its members for any
special or general purpose as in its opinion would be better regulated and
managed by means of such a committee, and may by resolution, regulation or
otherwise as it thinks fit delegate any functions exercisable by it to any
such committee.
(2) The number of members of a committee appointed under this section,
their term of office and quorum shall be fixed by the House of Assembly.
(3) Nothing in this section shall be construed as authorising a House of
Assembly to delegate to a committee the power to decide whether a bill
shall be passed into Law or to determine any matter which it is empowered
to determine by resolution under the provisions of this Constitution, but
such a committee of the House may be authorised to make recommendations to
the House on any such matter.
104. A House of Assembly shall sit for a period of not less than one hundred
and eighty-one days in a year.
105. (1) A House of Assembly shall stand dissolved at the expiration of a
period of four years commencing from the date of the first sitting of the
House.
(2) If the Federation is at war in which the territory of Nigeria is
physically involved and the President considers that it is not practicable
to hold elections, the National Assembly may by resolution extend the
period of four years mentioned in subsection (1) of this section from time
to time but not beyond a period of six months at any one time.
(3) Subject to the provisions of this Constitution, the person elected as
the Governor of a State shall have power to issue a proclamation for the
holding of the first session of the House of Assembly of the State
concerned immediately after his being sworn in, or for its dissolution as
provided in this section.
C -Qualification for Membership of
House of Assembly and Right of Attendance
106. Subject to the provisions of section 107 of this Constitution, a person
shall be qualified for election as a member of a House of Assembly if -
(a) he is a citizen of Nigeria;
(b) he has attained the age of thirty years;
(c) he has been educated up to at least the School Certificate level
or its equivalent; and
(d) he is a member of a political party and is sponsored by that
party.
107. (1) No person shall be qualified for election to a House of Assembly if
-
(a) subject to the provisions of Section 28 of this Constitution, he
has voluntarily acquired the citizenship of a country other than
Nigeria or, except in such cases as may be prescribed by the National
Assembly, has made a declaration of allegiance to such a country;
(b) under any law in force in any part of Nigeria, he is adjudged to
be a lunatic or otherwise declared to be of unsound mind;
(c) he is under a sentence of death imposed on him by any competent
court of law or tribunal in Nigeria or a sentence of imprisonment or
fine for an offence involving dishonesty or fraud (by whatever name
called) or any other offence imposed on him by such a court or
tribunal substituted by a competent authority for any other sentence
imposed on him by such a court or tribunal;
(d) within a period of less than ten years before the date of an
election to the House of Assembly, he has been convicted and sentenced
for an offence involving dishonesty or he has been found guilty of a
contravention of the Code of Conduct;
(e) he is an undischarged bankrupt, having been adjudged or otherwise
declared bankrupt under any law in force in any part of Nigeria;
(f) he is a person employed in the public service of the Federation or
of any State and he has not resigned, withdrawn or retired from such
employment thirty days before the date of election;
(g) he is a member of any secret society;
(h) he has been indicted for embezzlement or fraud by a Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the Federal and State Government which
indictment has been accepted by the Federal or State Government,
respectively; or
(i) he has presented a forged certificate to the Independent
National Electoral Commission.
(2) Where in respect of any person who has been -
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt,
any appeal against the decision is pending in any court of law in
accordance with any law in force in Nigeria, subsection (1) of this
section shall not apply during a period beginning from the date when
such appeal is lodged and ending on the date when the appeal is
finally determined or, as the case may be, the appeal lapses or is
abandoned, whichever is earlier.
(3) For the purposes of subsection (2) of this section, an "appeal"
includes any application for an injunction or an order of certiorari,
mandamus, prohibition or habeas corpus, or any appeal from any such
application.
108. (1) The Governor of a State may attend a meeting of a House of Assembly
of the State either to deliver an address on State affairs or to make such
statement on the policy of government as he may consider to be of importance
to the State.
(2) A Commissioner of the Government of a State shall attend the House of
Assembly of the State if invited to explain to the House of Assembly the
conduct of his Ministry, and in particular when the affairs of that
Ministry are under discussion.
(3) Nothing in this section shall enable any person who is not a member of
a House of Assembly to vote in that House or in any of its committees.
109. (1) A member of a House of Assembly shall vacate his seat in the House
if -
(a) he becomes a member of another legislative house;
(b) any other circumstances arise that, if he were not a member of
that House, would cause him to be disqualified for election as such a
member;
(c) he ceases to be a citizen of Nigeria;
(d) he becomes President, Vice-President, Governor, Deputy Governor or
a Minister of the Government of the Federation or a Commissioner of
the Government of a State or a Special Adviser;
(e) save as otherwise prescribed by this Constitution, he becomes a
member of a commission or other body established by this Constitution
or by any other law;
(f) without just cause he is absent from meetings of the House of
Assembly for a period amounting in the aggregate to more than
one-third of the total number of days during which the House meets in
any one year;
(g) being a person whose election to the House of Assembly was
sponsored by a political party, he becomes a member of another
political party before the expiration of the period for which that
House was elected:
Provided that his membership of the latter political party is not as a
result of a division in the political party of which he was previously
a member or of a merger of two or more political parties or factions
by one of which he was previously sponsored; or
(h) the Speaker of the House of Assembly receives a certificate under
the hand of the Chairman of the Independent National Electoral
Commission stating that the provisions of section 110 of this
Constitution have been complied with in respect of the recall of the
member.
(2) The Speaker of the House of Assembly shall give effect to subsection
(1) of this section, so however that the Speaker or a member shall first
present evidence satisfactory to the House that any of the provisions of
that subsection has become applicable in respect of the member.
(3) A member of a House of Assembly shall be deemed to be absent without
just cause from a meeting of the House of Assembly unless the person
presiding certifies in writing that he is satisfied that the absence of
the member from the meeting was for a just cause.
110. A member of the House of Assembly may be recalled as such a member if -
(a) there is presented to the Chairman of the Independent National
Electoral Commission a petition in that behalf signed by more than
one-half of the persons registered to vote in that members's
constituency alleging their loss of confidence in that member; and
(b) the petition is thereafter, in a referendum conducted by the
Independent National Electoral Commission within ninety days of the
date of the receipt of the petition, approved by a simple majority of
the votes of the persons registered to vote in that member's
constituency.
111. A member of the House of Assembly shall receive such salary and other
allowances as the Revenue Mobilisation Allocation and Fiscal Commission may
determine.
D - Elections to a House of Assembly
112. Subject to the provisions of sections 91 and 113 of this Constitution,
the Independent National Electoral Commission shall divide every state in
the federation into such number of state constituencies as is equal to three
or four times the number of Federal constituencies within that state.
113. The boundaries of each State constituency shall be such that the number
of inhabitants thereof is as nearly equal to the population quota as is
reasonably practicable.
114. (1) The Independent National Electoral Commission shall review the
division of every State into constituencies at intervals of not less than
ten years, and may alter such constituencies in accordance with the
provisions of this section to such extent as it may consider desirable in
the light of the review.
(2) The Independent National Electoral Commission may at any time carry
out such a review and alter the constituencies in accordance with the
provisions of this section to such extent as it considers necessary in
consequence of any alteration of the boundaries of the State or by reason
of the holding of a census of the population of Nigeria in pursuance of an
Act of the National Assembly.
115. Where the boundaries of any State constituency established under
section 112 of this Constitution are altered in accordance with the
provisions of section 114 of this Constitution, that alteration shall come
into effect after it has been approved by the National Assembly and after
the current life of the House of Assembly.
116. (1) Elections to a House of Assembly shall be held on a date to be
appointed by the Independent National Electoral Commission.
(2) The date mentioned in subsection (1) of this section shall not be
earlier than sixty days before and not later than the date on which the
House of Assembly stands dissolved, or where the election is to fill a
vacancy occurring more than three months before such date, not later than
one month after the vacancy occurred.
117. (1) Subject to the provisions of this Constitution, every State
constituency established in accordance with the provisions of this part of
this Chapter shall return one member who shall be directly elected to a
House of Assembly in such manner as may be prescribed by an Act of the
National Assembly.
(2) Every citizen of Nigeria, who has attained the age of eighteen years
residing in Nigeria at the time of the registration of voters for purposes
of election to any legislative house, shall be entitled to be registered
as a voter for that election.
118. The registration of voters and the conduct of elections shall be
subject to the direction and supervision of the Independent National
Electoral Commission.
119. The National Assembly shall make provisions as respects -
(a) persons who may apply to an election tribunal for the
determination of any question as to whether -
(i) any person has been validly elected as a member of a House of
Assembly,
(ii) the term of office of any person has ceased, or
(iii) the seat in a House of Assembly of a member of that House has
become vacant;
(b) circumstances and manner in which, and the conditions upon which,
such application may be made; and
(c) powers, practice and procedure of the election tribunal in
relation to any such application.
120. (1) All revenues or other moneys raised or received by a State (not
being revenues or other moneys payable under this Constitution or any Law of
a House of Assembly into any other public fund of the State established for
a specific purpose) shall be paid into and form one Consolidated Revenue
Fund of the State.
(2) No moneys shall be withdrawn from the Consolidated Revenue Fund of the
State except to meet expenditure that is charged upon the Fund by this
Constitution or where the issue of those moneys has been authorised by an
Appropriation Law, Supplementary Appropriation Law or Law passed in
pursuance of section 121 of this Constitution.
(3) No moneys shall be withdrawn from any public fund of the State, other
than the Consolidated Revenue Fund of the State, unless the issue of those
moneys has been authorised by a Law of the House of Assembly of the State.
(4) No moneys shall be withdrawn from the Consolidated Revenue Fund of the
State or any other public fund of the State except in the manner
prescribed by the House of Assembly.
121. (1) The Governor shall cause to be prepared and laid before the House
of Assembly at any time before the commencement of each financial year
estimates of the revenues and expenditure of the State for the next
following financial year.
(2) The heads of expenditure contained in the estimates, other than
expenditure charged upon the Consolidated Revenue Fund of the State by
this Constitution, shall be included in a bill, to be known as an
Appropriation Bill, providing for the issue from the Consolidated Revenue
Fund of the State of the sums necessary to meet that expenditure and the
appropriation of those sums for the purposes specified therein.
(3) Any amount standing to the credit of the judiciary in the Consolidated
Revenue Fund of the State shall be paid directly to the heads of the
courts concerned.
(4) If in respect of any financial year, it is found that -
(a) the amount appropriated by the Appropriation Law for any purpose
is insufficient; or
(b) a need has arisen for expenditure for a purpose for which no
amount has been appropriated by the Law,
a supplementary estimate showing the sums required shall be laid
before the House of Assembly and the heads of any such expenditure
shall be included in a Supplementary Appropriation Bill.
122. If the Appropriation Bill in respect of any financial year has not been
passed into Law by the beginning of the financial year, the Governor may
authorise the withdrawal of moneys from the Consolidated Revenue Fund of the
State for the purpose of meeting expenditure necessary to carry on the
services of the government for a period not exceeding six months or until
the coming into operation of the Law, whichever is the earlier:
Provided that the withdrawal in respect of any such period shall not exceed
the amount authorised to be withdrawn from the Consolidated Revenue Fund of
the State under the provisions of the Appropriation Law passed by the House
of Assembly for the corresponding period in the immediately preceding
financial year, being an amount proportionate to the total amount so
authorised for the immediately preceding financial year.
123. (1) A House of Assembly may by Law make provisions for the
establishment of a Contingencies Fund for the State and for authorising the
Governor, if satisfied that there has arisen an urgent and unforeseen need
for expenditure for which no other provision exists, to make advances from
the Fund to meet that need.
(2) Where any advance is made in accordance with the provisions of this
section, a Supplementary Estimate shall be presented and a Supplementary
Appropriation Bill shall be introduced as soon as possible for the purpose
of replacing the amount so advanced.
124. (1) There shall be paid to the holders of the offices mentioned in this
section such remuneration and salaries as may be prescribed by a House of
Assembly, but not exceeding the amount as shall have been determined by the
Revenue Mobilisation Allocation and Fiscal Commission.
(2) The remuneration, salaries and allowances payable to the holders of
the offices so mentioned shall be charged upon the Consolidated Revenue
Fund of the State.
(3) The remuneration and salaries payable to the holders of the said
offices and their conditions of service, other than allowances, shall not
be altered to their disadvantage after their appointment.
(4) The offices aforesaid are the offices of Governor, Deputy Governor,
Auditor-General for a State and the Chairman and members of the following
bodies, that is to say, the State Civil Service Commission, the State
Independent Electoral Commission and the State Judicial Service
Commission.
(5) Provisions may be made by a Law of a House of Assembly for the grant
of a pension or gratuity to or in respect of a person who had held office
as Governor or Deputy Governor and was not removed from office as a result
of impeachment; and any pension granted by virtue of any provisions made
in pursuance of this subsection shall be a charge upon the Consolidated
Revenue Fund of the State.
125. (1) There shall be an Auditor-General for each State who shall be
appointed in accordance with the provisions of section 126 of this
Constitution.
(2) The public accounts of a State and of all offices and courts of the
State shall be audited by the Auditor-General for the State who shall
submit his reports to the House of Assembly of the State concerned, and
for that purpose the Auditor-General or any person authorised by him in
that behalf shall have access to all the books, records, returns and other
documents relating to those accounts.
(3) Nothing in subsection (2) of this section shall be construed as
authorising the Auditor-General to audit the accounts of or appoint
auditors for government statutory corporations, commissions, authorities,
agencies, including all persons and bodies established by Law by the
Auditor-General shall -
(a) provide such bodies with -
(i) a list of auditors qualified to be appointed by them as external
auditors and from which the bodies shall appoint their external
auditors, and
(ii) a guideline on the level of fees to be paid to external
auditors; and
(b) comment on their annual accounts and auditor's report thereon.
(4) The Auditor-General for the State shall have power to conduct periodic
checks of all government statutory corporations, commissions, authorities,
agencies, including all persons and bodies established by a law of the
House of Assembly of the State.
(5) The Auditor-General for a State shall, within ninety days of receipt
of the Accountant-General's financial statement and annual accounts of the
State, submit his report to the House of Assembly of the State and the
House shall cause the report to be considered by a committee of the House
responsible for public accounts.
(6) In the exercise of his functions under this Constitution, the
Auditor-General for a State shall not be subject to the direction or
control of any other authority or person.
126. (1) The Auditor-General for a State shall be appointed by the Governor
of the State on the recommendation of the State Civil Service Commission
subject to confirmation by the House of Assembly of the State.
(2) The power to appoint persons to act in the office of the
Auditor-General for a State shall vest in the Governor.
(3) Except with the sanction of a resolution of the House of Assembly of a
State, no person shall act in the office of the Auditor-General for a
State for a period exceeding six months.
127. (1) A person holding the office of Auditor-General under section 126
(1) of this Constitution shall be removed from office by the Governor of the
State acting on an address supported by two-thirds majority of the House of
Assembly praying that he be so removed for inability to discharge the
functions of his office (whether arising from infirmity of mind or body or
any other cause) or for misconduct.
(2) An Auditor-General shall not been removed from office before such
retiring age as may be prescribed by Law, save in accordance with the
provisions of this section.
128. (1) Subject to the provisions of this Constitution, a House of Assembly
shall have power by resolution published in its journal or in the Office
Gazette of the Government of the State to direct or cause to be directed an
inquiry or investigation into -
(a) any matter or thing with respect to which it has power to make
laws; and
(b) the conduct of affairs of any person, authority, ministry or
government department charged, or intended to be charged, with the
duty of or responsibility for -
(i) executing or administering laws enacted by that House of
Assembly, and
(ii) disbursing or administering moneys appropriated or to be
appropriated by such House.
(2) The powers conferred on a House of Assembly under the provisions of
this section are exercisable only for the purpose of enabling the House to
-
(a) make laws with respect to any matter within its legislative
competence and correct any defects in existing laws; and
(b) expose corruption, inefficiency of waste in the execution or
administration of laws within its legislative competence and in the
disbursement or administration of funds appropriated by it.
129. (1) For the purposes of any investigation under section 128 of this
Constitution, and subject to the provisions thereof, a House of Assembly or
a committee appointed in accordance with section 103 of this Constitution
shall have power to -
(a) procure all such evidence, written or oral, direct or
circumstantial, as it may think necessary or desirable, and examine
all persons as witnesses whose evidence may be material or relevant to
the subject matter;
(b) require such evidence to be given on oath;
(c) summon any person in Nigeria to give evidence at any place or
produce any document or other thing in his possession or under his
control, and examine him as a witness and require him to produce any
document or other thing in his possession or under his control,
subject to all just exceptions; and
(d) issue a warrant to compel the attendance of any person who, after
having been summoned to attend, fails, refuses or neglects to do so
and does not excuse such failure, refusal or neglect to the
satisfaction of the House of Assembly or the committee, and order him
to pay all costs which may have been occasioned in compelling his
attendance or by reason of his failure, refusal or neglect to obey the
summons and also to impose such fine as may be prescribed for any such
failure, refusal or neglect; and any fine so imposed shall be
recoverable in the same manner as a fine imposed by a court of law.
(2) A summons or warrant issued under this section may be served or
executed by any member of the Nigeria Police Force or by any person
authorised in that behalf by the Speaker of the House of Assembly of the
State.
A - The President of the Federation
130. (1) There shall be for the Federation a President.
(2) The President shall be the Head of State, the Chief Executive of the
Federation and Commander-in-Chief of the Armed Forces of the Federation.
131. A person shall be qualified for election to the office of the President
if -
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of forty years;
(c) he is a member of a political party and is sponsored by that
political party; and
(d) he has been educated up to at least School Certificate level or
its equivalent.
132. (1) An election to the office of President shall be held on a date to
be appointed by the Independent National Electoral Commission.
(2) An election to the said office shall be held on a date not earlier
than sixty days and not later than thirty days before the expiration of
the term of office of the last holder of that office.
(3) Where in an election to the office of President one of the two or more
candidates nominated for the election is the only candidate after the
close of nomination, by reason of the disqualification, withdrawal,
incapacitation, disappearance or death of the other candidates, the
Independent National Electoral Commission shall extend the time for
nomination.
(4) For the purpose of an election to the office of President, the whole
of the Federation shall be regarded as one constituency.
(5) Every person who is registered to vote at an election of a member of a
legislative house shall be entitled to vote at an election to the office
of President.
133. A candidate for an election to the office of President shall be deemed
to have been duly elected to such office where, being the only candidate
nominated for the election -
(a) he has a majority of YES votes over NO votes cast at the election;
and
(b) he has not less than one-quarter of the votes cast at the election
in each of at least two-thirds of all the States in the Federation and
the Federal Capital Territory, Abuja
134. (1) A candidate for an election to the office of President shall be
deemed to have be been duly elected, where, there being only two candidates
for the election -
(a) he has the majority of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election
in each of at least two-thirds of all the States in the Federation and
the Federal Capital Territory, Abuja.
(2) A candidate for an election to the office of President shall be deemed
to have been duly elected where, there being more than two candidates for
the election-
(a) he has the highest number of votes cast at the election;
and
(b) he has not less than one-quarter of the votes cast at the election
each of at least two-thirds of all the States in the Federation and
the Federal Capital Territory, Abuja.
(3) In a default of a candidate duly elected in accordance with subsection
(2) of this section their shall be a second election in accordance with
subsection (4) of this section at which the only candidate shall be -
(a) the candidate who scored the highest number of votes at any
election held in accordance with the said subsection (2) of this
section; and
(b) one among the remaining candidates who has a majority of votes in
the highest number of States, so however that where there are more
than one candidate with majority of votes in the highest number of
States, the candidate among them with the highest total of votes cast
at the election shall be the second candidate for the election.
(4) In default of a candidate duly elected under the foregoing
subsections, the Independent National Electoral Commission shall within
seven days of the result of the election held under the said subsections,
arrange for an election between the two candidates and a candidate at such
election shall be deemed elected to the office of President if -
(a) he has a majority of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election
in each of at least two-thirds of all the States in the Federation and
the Federal Capital Territory, Abuja
(5) In default of a candidate duly elected under subsection (4) of this
section, the Independent National Electoral Commission shall, within seven
days of the result of the election held under the aforesaid subsection
(4), arrange for another election between the two candidates to which the
subsection relates and a candidate at such election shall be deemed to
have been duly elected to the office of President, if he has a majority of
the votes cast at the election.
135. (1) Subject to the provisions of this Constitution, a person shall hold
the office of President until -
(a) when his successor in office takes the oath of that office;
(b) he dies whilst holding such office; or
(c) the date when his resignation from office takes effect;
or
(d) he otherwise ceases to hold office in accordance with the
provisions of this Constitution.
(2) Subject to the provisions of subsection (1) of this section, the
President shall vacate his office at the expiration of a period of four
years commencing from the date, when -
(a) in the case of a person first elected as President under this
Constitution, he took the Oath of Allegiance and the oath of office;
and
(b) in any other case, the person last elected to that office under
this Constitution took the Oath of Allegiance and oath of office or
would, but for his death, have taken such Oaths.
(3) If the Federation is at war in which the territory of Nigeria is
physically involved and the President considers that it is not practicable
to hold elections, the National Assembly may by resolution extend the
period of four years mentioned in subsection (2) of this section from time
to time; but no such extension shall exceed a period of six months at any
one time.
136. (1) If a person duly elected as President dies before taking and
subscribing the Oath of Allegiance and oath of office, or is for any reason
whatsoever unable to be sworn in, the person elected with him as
Vice-President shall be sworn in as President and he shall nominate a new
Vice-President who shall be appointed by the President with the approval by
a simple majority of the National Assembly at a joint sitting.
(2) Where the persons duly elected as President and Vice President die or
are unable for any reason whatsoever to assume office before the
inauguration of the National Assembly, the Independent National Electoral
Commission shall immediately conduct an election for a President and the
Vice-President.
137. (1) A person shall not be qualified for election to the office of
President if -
(a) subject to the provisions of section 28 of this Constitution, he
has voluntarily acquired the citizenship of a country other than
Nigeria or, except in such cases as may be prescribed by the National
Assembly, he has made a declaration of allegiance to such other
country; or
(b) he has been elected to such office at any two previous elections;
or
(c) under the law in any part of Nigeria, he is adjudged to be a
lunatic or otherwise declared to be of unsound mind;
or
(d) he is under a sentence of death imposed by any competent court of
law or tribunal in Nigeria or a sentence of imprisonment or fine for
any offence involving dishonesty or fraud (by whatever name called) or
for any other offence, imposed on him by any court or tribunal or
substituted by a competent authority for any other sentence imposed on
him by such a court or tribunal; or
(e) within a period of less than ten years before the date of the
election to the office of President he has been convicted and
sentenced for an offence involving dishonesty or he has been found
guilty of the contravention of the Code of Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or otherwise
declared bankrupt under any law in force in Nigeria or any other
country; or
(g) being a person employed in the civil or public service of the
Federation or of any State, he has not resigned, withdrawn or retired
from the employment at least thirty days before the date of the
election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the Federal or State Government which
indictment has been accepted by the Federal or State Government,
respectively; or
(j) he has presented a forged certificate to the Independent National
Electoral Commission.
(2) Where in respect of any person who has been -
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt
(e) any appeal against the decision is pending in any court of law in
accordance with any law in force in Nigeria, subsection (1) of this
section shall not apply during a period beginning from the date when
such appeal is lodged and ending on the date when the appeal is
finally determined or, as the case may be, the appeal lapses or is
abandoned, whichever is earlier.
138. The President shall not, during his tenure of office, hold any other
executive office or paid employment in any capacity whatsoever.
139. The National Assembly shall by an Act make provisions as respects -
(a) persons who may apply to the Court of Appeal for the determination
of any question as to whether;
(i) any person has been validly elected to the office of President
or Vice-President
(ii) the term of office of the President or Vice President has
cease, or
(iii) the office of the President or Vice-President has become
vacant
(b) circumstances and manner in which, and the conditions upon which
such application may be made; and
(c) powers, practice and procedure of the Court of Appeal in relation
to any such application.
140. (1) A person elected to the office of President shall not begin to
perform the functions of that office until he has declared his assets and
liabilities as prescribed in this Constitution and he has taken and
subscribed the Oath of Allegiance and the oath of office prescribed in the
Seventh Schedule to this Constitution.
(2) The oaths aforesaid shall be administered by the Chief Justice of
Nigeria or the person for the time being appointed to exercise the
functions of that office.
141. There shall be for the Federation a Vice-President.
142. (1) In any election to which the foregoing provisions of this Part of
this Chapter relate, a candidate for an election to the office of President
shall not be deemed to be validly nominated unless he nominates another
candidate as his associate from the same political party for his running for
the office of President, who is to occupy the office of Vice-President and
that candidate shall be deemed to have been duly elected to the office of
Vice-President if the candidate for an election to the office of President
who nominated him as such associate is duly elected as President in
accordance with the provisions aforesaid.
(2) The provisions of this Part of this Chapter relating to qualification
for election, tenure of office, disqualification, declaration of assets
and liabilities and oaths of President shall apply in relation to the
office of Vice-President as if references to President were references to
Vice-President.
143. (1) The President or Vice-President may be removed from office in
accordance with the provisions of this section.
(2) Whenever a notice of any allegation in writing signed by not less than
one-third of the members of the National Assembly:-
(a) is presented to the President of the Senate;
(b) stating that the holder of the office of President or
Vice-President is guilty of gross misconduct in the performance of the
functions of his office, detailed particulars of which shall be
specified,
the President of the Senate shall within seven days of the receipt of
the notice cause a copy thereof to be served on the holder of the
office and on each member of the National Assembly, and shall also
cause any statement made in reply to the allegation by the holder of
the office to be served on each member of the National Assembly.
(3) Within fourteen days of the presentation of the notice to the
President of the Senate (whether or not any statement was made by the
holder of the office in reply to the allegation contained in the notice)
each House of the National Assembly shall resolve by motion without any
debate whether or not the allegation shall be investigated.
(4) A motion of the National Assembly that the allegation be investigated
shall not be declared as having been passed, unless it is supported by the
votes of not less than two-thirds majority of all the members of each
House of the National Assembly.
(5) Within seven days of the passing of a motion under the foregoing
provisions, the Chief Justice of Nigeria shall at the request of the
President of the Senate appoint a Panel of seven persons who in his
opinion are of unquestionable integrity, not being members of any public
service, legislative house or political party, to investigate the
allegation as provide in this section.
(6) The holder of an office whose conduct is being investigated under this
section shall have the right to defend himself in person and be
represented before the Panel by legal practitioners of his own choice.
(7) A Panel appointed under this section shall -
(a) have such powers and exercise its functions in accordance with
such procedure as may be prescribed by the National Assembly; and
(b) within three months of its appointment report its findings to each
House of the National Assembly.
(8) Where the Panel reports to each House of the National Assembly that
the allegation has not been proved, no further proceedings shall be taken
in respect of the matter.
(9) Where the report of the Panel is that the allegation against the
holder of the office has been proved, then within fourteen days of the
receipt of the report at the House the National Assembly shall consider
the report, and if by a resolution of each House of the National Assembly
supported by not less than two-thirds majority of all its members, the
report of the Panel is adopted, then the holder of the office shall stand
removed from office as from the date of the adoption of the report.
(10) No proceedings or determination of the Panel or of the National
Assembly or any matter relating thereto shall be entertained or questioned
in any court.
(11) In this section -
"gross misconduct" means a grave violation or breach of the provisions of
this Constitution or a misconduct of such nature as amounts in the opinion
of the National Assembly to gross misconduct.
144. (1) The President or Vice-President shall cease to hold office, if -
(a) by a resolution passed by two-thirds majority of all the members
of the executive council of the Federation it is declared that the
President or Vice-President is incapable of discharging the functions
of his office; and
(b) the declaration is verified, after such medical examination as may
be necessary, by a medical panel established under subsection (4) of
this section in its report to the President of the Senate and the
Speaker of the House of Representatives.
(2) Where the medical panel certifies in the report that in its opinion
the President or Vice-President is suffering from such infirmity of body
or mind as renders him permanently incapable of discharging the functions
of his office, a notice thereof signed by the President of the Senate and
the Speaker of the House of Representatives shall be published in the
Official Gazette of the Government of the Federation.
(3) The President or Vice-President shall cease to hold office as from the
date of publication of the notice of the medical report pursuant to
subsection (2) of this section.
(4) the medical panel to which this section relates shall be appointed by
the President of the Senate, and shall comprise five medical practitioners
in Nigeria:-
(a) one of whom shall be the personal physician of the holder of the
office concerned; and
(b) four other medical practitioners who have, in the opinion of the
President of the Senate, attained a high degree of eminence in the
field of medicine relative to the nature of the examination to be
conducted in accordance with the foregoing provisions.
(5) In this section, the reference to "executive council of the
Federation" is a reference to the body of Ministers of the Government of
the Federation, howsoever called, established by the President and charged
with such responsibilities for the functions of government as the
President may direct.
145. Whenever the President transmits to the President of the Senate and the
Speaker of the House of Representatives a written declaration that he is
proceeding on vacation or that he is otherwise unable to discharge the
functions of his office, until he transmits to them a written declaration to
the contrary such functions shall be discharged by the Vice-President as
Acting President.
146. (1) The Vice-President shall hold the office of President if the office
of President becomes vacant by reason of death or resignation, impeachment,
permanent incapacity or the removal of the President from office for any
other reason in accordance with section 143 of this Constitution.
(2) Where any vacancy occurs in the circumstances mentioned in subsection
(1) of this section during a period when the office of Vice-President is
also vacant, the President of the Senate shall hold the office of
President for a period of not more than three months, during which there
shall be an election of a new President, who shall hold office for the
unexpired term of office of the last holder of the office.
(3) Where the office of Vice-President becomes vacant:-
(a) by reason of death or resignation, impeachment, permanent
incapacity or removal in accordance with section 143 or 144 of this
Constitution;
(b) by his assumption of the office of President in accordance with
subsection (1) of this section; or
(c) for any other reason,
the President shall nominate and, with the approval of each House of
the National Assembly, appoint a new Vice-President.
147. (1) There shall be such offices of Ministers of the Government of the
Federation as may be established by the President.
(2) Any appointment to the office of Minister of the Government of the
Federation shall, if the nomination of any person to such office is
confirmed by the Senate, be made by the President.
(3) Any appointment under subsection (2) of this section by the President
shall be in conformity with the provisions of section 14(3) of this
Constitution:-
provided that in giving effect to the provisions aforesaid the President
shall appoint at least one Minister from each State, who shall be an
indigene of such State.
(4) Where a member of the National Assembly or of a House of Assembly is
appointed as Minister of the Government of the Federation, he shall be
deemed to have resigned his membership of the National Assembly or of the
House of Assembly on his taking the oath of office as Minister.
(5) No person shall be appointed as a Minister of the Government of the
Federation unless he is qualified for election as a member of the House of
Representatives.
(6) An appointment to any of the offices aforesaid shall be deemed to have
been made where no return has been received from the Senate within
twenty-one working days of the receipt of nomination by the Senate.
148. (1) The President may, in his discretion, assign to the Vice-President
or any Minister of the Government of the Federation responsibility for any
business of the Government of the Federation, including the administration
of any department of government.
(2) The President shall hold regular meetings with the Vice-President and
all the Ministers of the Government of the Federation for the purposes of
-
(a) determining the general direction of domestic and foreign policies
of the Government of the Federation;
(b) co-ordinating the activities of the President, the Vice-President
and the Ministers of the Government of the Federation in the discharge
of their executive responsibilities; and
(c) advising the President generally in discharge of his executive
functions other than those functions with respect to which he is
required by this Constitution to seek the advice or act on the
recommendation of any other person or body.
149. A Minister of the Government of the Federation shall not enter upon the
duties of his office, unless he has declared his assets and liabilities as
prescribed in this Constitution and has subsequently taken and subscribed
the Oath of Allegiance and the oath of office for the due execution of the
duties of his office prescribed in the Seventh Schedule to this
Constitution.
150. (1) There shall be an Attorney-General of the Federation who shall be
the Chief Law Officer of the Federation and a Minister of the Government of
the Federation.
(2) A person shall not be qualified to hold or perform the functions of
the office of the Attorney-General of the Federation unless he is
qualified to practise as a legal practitioner in Nigeria and has been so
qualified for not less than ten years.
151. (1) The President may appoint any person as a Special Adviser to assist
him in the performance of his functions.
(2) The number of such Advisers and their remuneration and allowances shall
be as prescribed by law or by resolution of the National Assembly.
(3) Any appointment made pursuant to the provisions of this section shall be
at the pleasure of the President and shall cease when the President ceases
to hold office.
152. A person appointed as Special Adviser under section 151 of this
Constitution shall not begin to perform the functions of his office until he
has declared his assets and liabilities as prescribed in this Constitution
and has subsequently taken and subscribed the Oath of Allegiance and oath of
office prescribed in the Seventh Schedule to this Constitution.
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B
- Establishment of certain Federal Executive Bodies
153. (1) There shall be established for the Federation the following bodies,
namely:
(a) Code of Conduct Bureau;
(b) Council of State;
(c) Federal Character Commission;
(d) Federal Civil Service Commission;
(e) Federal Judicial Service Commission;
(f) Independent National Electoral Commission;
(g) National Defence Council;
(h) National Economic Council;
(i) National Judicial Council;
(j) National Population Commission;
(k) National Security Council;
(l) Nigeria Police Council;
(m) Police Service Commission; and
(n) Revenue Mobilisation Allocation and Fiscal Commission.
(2) The composition and powers of each body established by subsection (1)
of this section are as contained in Part 1 of the Third Schedule to this
Constitution.
154. (1) Except in the case of ex officio members or where other provisions
are made in this Constitution, the Chairman and members of any of the bodies
so established shall, subject to the provisions of this Constitution, be
appointed by the President and the appointment shall be subject to
confirmation by the Senate.
(2) In exercising his powers to appoint a person as Chairman or member of
the Council of State or the National Defence Council or the National
Security Council, the President shall not be required to obtain the
confirmation of the Senate.
(3) In exercising his powers to appoint a person as Chairman or member of
the Independent National Electoral Commission, National Judicial Council,
the Federal Judicial Service Commission or the National Population
Commission, the President shall consult the Council of State.
155. (1) A person who is a member of any of the bodies established as
aforesaid shall, subject to the provisions of this Part, remain a member
thereof -
(a) in the case of an ex officio member, whilst he holds the office by
virtue of which he is a member of the body;
(b) in the case of a person who is a member by virtue of his having
previously held an office, for the duration of his life; and
(c) in the case of a person who is a member otherwise than as ex
officio member or otherwise than by virtue of his having previously
held an office, for a period of five years from the date of his
appointment.
(2) A member of any of the bodies shall cease to be member if any
circumstances arise that, if he were not a member of the body, would cause
him to be disqualified for appointment as such a member.
156. (1) No person shall be qualified for appointment as a member of any of
the bodies aforesaid if -
(a) he is not qualified or if he is disqualified for election as a
member of the House of Representatives;
(b) within the preceding ten years, he has been removed as a member of
any of the bodies or as the holder of any other office on the ground
of misconduct.
(2) any person employed in the public service of the Federation shall not
be disqualified for appointment as Chairman or member of any of such
bodies:
Provided that where such person has been duly appointed he shall, on his
appointment, be deemed to have resign his former office as from the date
of the appointment.
(3) No person shall be qualified for appointment to any of the bodies
aforesaid if, having previously been appointed as a member otherwise than
as an ex officio member of that body, he has been re-appointed for a
further term as a member of the same body.
157. (1) Subject to the provisions of subsection (3) of this section, a
person holding any of the offices to which this section applies may only be
removed from that office by the President acting on an address supported by
two-thirds majority of the Senate praying that he be so removed for
inability to discharge the functions of the office (whether arising from
infirmity of mind or body or any other cause) or for misconduct.
(2) This section applies to the offices of the Chairman and members of the
Code of Conduct Bureau, the Federal Civil Service Commission, the
Independent National Electoral Commission, the National Judicial Council,
the Federal Judicial Service Commission, the Federal Character Commission,
the Nigeria Police Council, the National Population Commission, the
Revenue Mobilisation Allocation and Fiscal Commission and the Police
Service Commission.
(3) All members of the National Population Commission shall cease to be
members if the President declares a National Census Report as unreliable
and the report is rejected in accordance with section 213 of this
Constitution.
158. (1) In exercising its power to make appointments or to exercise
disciplinary control over persons, the Code of Conduct Bureau, the National
Judicial Council, the Federal Civil Service Commission, the Federal Judicial
Service Commission, the Revenue Mobilisation and Fiscal Commission, the
Federal Character Commission, and the Independent National Electoral
Commission shall not be subject to the direction or control of any other
authority or person.
(2) The National Population Commission shall not be subject to the
direction or control of any other authority or person:-
(a) in appointing, training or arranging for the training of
enumerators or other staff of the Commission to assist it in the
conduct of any population census;
(b) in deciding whether or not to accept or revise the return of any
officer of the said Commission concerning the population census in any
area or part of the Federation;
(c) in carrying out the operation of conducting the census; and
(d) in compiling its report of a national census for publication.
159. (1) The quorum for a meeting of any of the bodies established by
section 153 of this Constitution shall be not less than one-third of the
total number of members of that body at the date of the meeting.
(2) A member of such a body shall be entitled to one vote, and a decision
of the meeting may be taken and any act or thing may be done in the name
of that body by a majority of the members present at the meeting.
(3) Whenever such body is assembled for a meeting, the Chairman or other
person presiding shall, in all matters in which a decision is taken by
vote (by whatever name such vote may be called) have a casting as well as
a deliberative vote.
(4) Subject to its rules of procedure, any such body may act or take part
in any decision notwithstanding any vacancy in its membership or the
absence of any member.
160. (1) Subject to subsection (2) of this section, any of the bodies may,
with the approval of the President, by rules or otherwise regulate its own
procedure or confer powers and impose duties on any officer or authority for
the purpose of discharging its functions.
(2) In the exercise of any powers under subsection (1) of this section,
any such body shall not confer powers or impose duties on any officer or
authorities of a State except with the approval of the Governor of the
State.
The President, upon the receipt of advice from the Revenue Mobilisation
Allocation and Fiscal Commission, shall table before the National Assembly
proposals for revenue allocation from the Federation Account, and in
determining the formula, the National Assembly shall take into account,
the allocation principles especially those of population, equality of
States, internal revenue generation, land mass, terrain as well as
population density.`
161. In this Part of this Chapter, unless the context otherwise requires -
(a) any reference to "ex officio member" shall be construed as a
reference to a person who is a member by virtue of his holding or
performing, the functions of an office in the public service of the
Federation;
(b) "office" means an office in the public service of the Federation;
(c) any reference to "member" of a body established by section 153 of
this Constitution shall be construed as including a reference to the
Chairman of that body; and
(d) "misconduct" means a breach of the Oath of Allegiance or oath of
office of a member or a breach of the provisions of this Constitution
or bribery or corruption or false declaration of assets and
liabilities or conviction for treason or treasonable felony.
162. (1) The Federation shall maintain a special account to be called "the
Federation Account" into which shall be paid all revenues collected by the
Government of the Federation, except the proceeds from the personal income
tax of the personnel of the armed forces of the Federation, the Nigeria
Police Force, the Ministry or department of government charged with
responsibility for Foreign Affairs and the residents of the Federal Capital
Territory, Abuja.
(2) The President, upon the receipt of advice from the Revenue
Mobilisation Allocation and Fiscal Commission, shall table before the
National Assembly proposals for revenue allocation from the Federation
Account, and in determining the formula, the National Assembly shall take
into account, the allocation principles especially those of population,
equality of States, internal revenue generation, land mass, terrain as
well as population density;
Provided that the principle of derivation shall be constantly reflected in
any approved formula as being not less than thirteen per cent of the
revenue accruing to the Federation Account directly from any natural
resources.
(3) Any amount standing to the credit of the Federation Account shall be
distributed among the Federal and State Governments and the local
government councils in each State on such terms and in such manner as may
be prescribed by the National Assembly.
(4) Any amount standing to the credit of the States in the Federation
Account shall be distributed among the States on such terms and in such
manner as may be prescribed by the National Assembly.
(5) The amount standing to the credit of local government councils in the
Federation Account shall also be allocated to the State for the benefit of
their local government councils on such terms and in such manner as may be
prescribed by the National Assembly.
(6) Each State shall maintain a special account to be called "State Joint
Local Government Account" into which shall be paid all allocations to the
local government councils of the State from the Federation Account and
from the Government of the State.
(7) Each State shall pay to local government councils in its area of
jurisdiction such proportion of its total revenue on such terms and in
such manner as may be prescribed by the National Assembly.
(8) The amount standing to the credit of local government councils of a
State shall be distributed among the local government councils of that
State on such terms and in such manner as may be prescribed by the House
of Assembly of the State.
(9) Any amount standing to the credit of the judiciary in the Federation
Account shall be paid directly to the National Judicial Councils for
disbursement to the heads of courts established for the Federation and the
States under section 6 of this Constitution.
(10) For the purpose of subsection (1) of this section, "revenue" means
any income or return accruing to or derived by the Government of the
Federation from any source and includes -
(a) any receipt, however described, arising from the operation of any
law;
(b) any return, however described, arising from or in respect of any
property held by the Government of the Federation;
(c) any return by way of interest on loans and dividends in respect of
shares or interest held by the Government of the Federation in any
company or statutory body.
163. Where under an Act of the National Assembly, tax or duty is imposed in
respect of any of the matters specified in item D of Part II of the Second
Schedule to this Constitution, the net proceeds of such tax or duty shall be
distributed among the States on the basis of derivation and accordingly -
(a) where such tax or duty is collected by the Government of a State
or other authority of the State, the net proceeds shall be treated as
part of the Consolidated Revenue Fund of that State;
(b) where such tax or duty is collected by the Government of the
Federation or other authority of the Federation, there shall be paid
to each State at such times as the National Assembly may prescribe a
sum equal to the proportion of the net proceeds of such tax or duty
that are derived from that State.
164. (1) The Federation may make grants to a State to supplement the revenue
of that State in such sum and subject to such terms and conditions as may be
prescribed by the National Assembly.
(2) The Federation may make external grants to a foreign State or any
international body in furtherance of the foreign policy objectives of
Nigeria in such sum and subject to such terms and conditions as may be
prescribed by the National Assembly.
165. Each State shall, in respect of each financial year, pay to the
Federation an amount equal to such part of the expenditure incurred by the
Federation during that financial year for the purpose of collection of taxes
or duties which are wholly or partly payable to the State pursuant to the
provisions of this Part of this Chapter or of any Act of the National
Assembly as is proportionate to the share of the proceeds of those taxes or
duties received by the State in respect of that financial year.
166. (1) Any payment that is required by this Part of this Chapter to be
made by the Federation to a State may be set-off by the Federation in or
towards payment of any sum that is due from that State to the Federation in
respect of any loan made by the Federation to that State.
(2) The right of set-off conferred by subsection (1) of this section shall
be without prejudice to any other right of the Federation to obtain
payment of any sum due to the Federation in respect of any loan.
167. Any payment that is required by this Part of this Chapter to be made by
the Federation to a State shall be a charge upon the Consolidated Revenue
Fund of the Federation and any payment that is so required to be made by a
State to the Federation shall be a charge upon the Consolidated Revenue Fund
of that State.
189. (1) Where any payment falls to be made unde