Constitution of the Federal Republic of Nigeria

1999

 

 

 

Arrangement of sections

 

Chapter I

 

General Provisions

 

 

 

Part I

Federal Republic of Nigeria

 

1. Supremacy of constitution

2. The Federal Republic of Nigeria.

3.States of the Federation and the Federal Capital Territory, Abuja.

 

 

Part II

 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.

 

 

 

Chapter II

 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.

 

 

 

Chapter III

 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.

 

 

 

Chapter IV

 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.

 

 

 

 

 

Chapter V

 

The Legislature

 

Part I

 

National Assembly

A-Composition and Staff of National Assembly

 

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.

 

 

B-Procedure for Summoning and Dissolution of 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.

    

 

 

C - Qualifications for Membership of National Assembly and Right of Attendance

 

  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

 

 

 

Part II

 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

 

 

 

B - Procedure for Summoning and Dissolution 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

 

 

 

C - Qualification for Membership of House of Assembly and Right of Attendance

 

 106. Qualifications for election

 107. Disqualifications

 108. Right of attendance of President

 109. Tenure of Seat of Members

 110. Recall

 111. Remuneration

 

 

D - Elections to a House of Assembly

 

  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

 
 
E - Powers and control over Public Funds

 

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.

 

 

 

Chapter VI

 

The Executive

 

 

Part I

 

 

Federal Executive

 

 

A-The President of the Federation

 

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.

 

 

 

C - Public Revenue

 

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

 

 

 

D - The Public Service of the Federation

 

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.

 

 

 

Part II

State Executive

 

 

 

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

 

 

 

B - Establishment of Certain State Executive Bodies

 

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

 

 

 

C - The Public Service of State

 

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

 

 

 

Part III

Supplemental

 

 

A - National Population Census

 

213.  National Population census

 

 

 

B - Nigeria Police Force

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

 

 

 

C - Armed Forces of the Federation

 

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

 

The Judicature

 

Part I

Federal Courts

 

 

A - The Supreme Court of Nigeria

 

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.

 

 

 

C - The Federal High Court

 

 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

 

 

 

D - The High Court of the Federal Capital Territory, Abuja

 

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

 

 

 

F - The Customary Court of appeal of the Federal Capital Territory, Abuja

 

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

 

 

 

Part II

State Courts

 

 

 

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

 

 

 

B - Sharia Court of Appeal of a State

 

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

 

 

 

C - Customary Court of Appeal of a State

 

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

 

 

 

Part III

Election Tribunals

 

285. Establishment and jurisdiction of election tribunals.

 

 

 

Part IV

Supplemental

 

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

 

 

 

Chapter VIII

 

Federal Capital Territory, Abuja and General Supplementary Provisions

 

Part I

Federal Capital Territory, Abuja

 

 

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

 

 

 

Part II

Miscellaneous Provisions

 

 

305. Procedure for proclamation of state of emergency

306. Resignations.

307. Restriction on certain citizens

308. Restrictions on legal proceedings.

 

 

 

Part III

Transitional Provisions and Savings

 

 

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.

 

 

 

Part IV

Interpretation, Citation and Commencement

 

 

318. Interpretation.

319. Citation.

320. Commencement.

 

 

Schedules

 

 

First Schedule

 

Part I

States of the Federation

 

 

Part II

Definition and Area Councils of Federal Capital Territory, Abuja

 

 

 

Second Schedule

 

Part I

Exclusive Legislative List

 

 

Part II

Concurrent Legislative List

 

 

Part III

Supplemental and Interpretation

 

 

 

Third Schedule

 

Part I

Federal Executive Bodies

 

 

Code of Conduct Bureau

 

Council of State

 

Federal Character Commission

 

Federal Civil Service Commission

 

Federal Judicial Service Commission

 

Independent National Electoral Commission

 

National Defence Council

 

National Economic Council

 

National Judicial Council

 

National Population Commission

 

National Security Council

 

Nigeria Police Council

 

Police Service Commission

 

Revenue Mobilisation Allocation and Fiscal Commission.

 

 

 

Part II

State Executive Bodies

 

 

State Civil Service Commission

 

State Independent Electoral Commission

 

State Judicial Service Commission.

 

 

 

Part III

Federal Capital Territory, Abuja Executive Body

 

Judicial Service Committee of the Federal Capital Territory, Abuja

 

 

 

 

Fourth Schedule

 

Functions of a Local Council

 

 

 

 

Fifth Schedule

 

Part I

Code of Conduct for Public officers

 

 

 

General

 

Code of Conduct Tribunal

 Interpretation

 

 

 

Part II

Public Officers for the Purposes of the Code of Conduct

 

 

 

 

Sixth Schedule

 

Election Tribunal

National Assembly Election Tribunal

Governorship and Legislative Houses Election tribunal

 

 

 

 

Seventh Schedule

 

Oaths

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: -

 

 

Back to Page One

Chapter I

General Provisions

 

Part I

 

 

Federal Republic of Nigeria

 

    1.     (1) This Constitution is supreme and its provisions shall have binding

              force on the authorities and persons throughout the Federal Republic of

              Nigeria.

       

(2) The Federal Republic of Nigeria shall not be governed, nor shall any

              persons or group of persons take control of the Government of Nigeria or

              any part thereof, except in accordance with the provisions of this

              Constitution.

      

(3) If any other law is inconsistent with the provisions of this

             Constitution, this Constitution shall prevail, and that other law shall,

             to the extent of the inconsistency, be void.

 

2.         (1) Nigeria is one indivisible and indissoluble sovereign state to be

             known by the name of the Federal Republic of Nigeria.

      

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

            Capital Territory.

 

3.         (1) There shall be 36 states in Nigeria, that is to say, Abia, Adamawa,

           Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta,

           Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi,

           Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers,

                       Sokoto, Taraba, Yobe and Zamfara.

     

(2) Each state of Nigeria, named in the first column of Part I of the

           First Schedule to this Constitution, shall consist of the area shown

                       opposite thereto in the second column of that Schedule.

     

(3) The headquarters of the Governor of each State shall be known as the

            Capital City of that State as shown in the third column of the said Part I

            of the First Schedule opposite the State named in the first column thereof.

     

(4) The Federal Capital Territory, Abuja, shall be as defined in Part II

            of the First Scheduled to this Constitution.

     

(5) The provisions of this Constitution in Part I of Chapter VIII hereof

            shall in relation to the Federal Capital Territory, Abuja, have effect in

            the manner set out 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.

 

Back to Page One

 

 

 

Part II

 

Powers of the Federal Republic of Nigeria

 

 

    4. (1) The legislative powers of the Federal Republic of Nigeria shall be

            vested in a National Assembly for the Federation, which shall consist of a

            Senate and a House of Representatives.

     

(2) The National Assembly shall have power to make laws for the peace,

            order and good government of the Federation or any part thereof with

            respect to any matter included in the Exclusive Legislative List set out

            in Part I of the Second Schedule to this Constitution.

     

(3) The power of the National Assembly to make laws for the peace, order

            and good government of the Federation with respect to any matter included

            in the Exclusive Legislative List shall, save as otherwise provided in

            this Constitution, be to the exclusion of the Houses of Assembly of

            States.

     

(4) In addition and without prejudice to the powers conferred by

                  subsection (2) of this section, the National Assembly shall have power to

             make laws with respect to the following matters, that is to say:-

          (a) any matter in the Concurrent Legislative List set out in the first

             column of Part II of the Second Schedule to this Constitution to the

          extent prescribed in the second column opposite thereto; and

          (b) any other matter with respect to which it is empowered to make

             laws in accordance with the provisions of this Constitution.

     

    (5) If any Law enacted by the House of Assembly of a State is inconsistent

         with any law validly made by the National Assembly, the law made by the

         National Assembly shall prevail, and that other Law shall, to the extent

        of the inconsistency, be void.

    

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

         the House of Assembly of the State.

    

   (7) The House of Assembly of a State shall have power to make laws for the

         peace, order and good government of the State or any part thereof with

         respect to the following matters, that is to say:-

          (a) any matter not included in the Exclusive Legislative List set out

          in Part I of the Second Schedule to this Constitution.

          (b) any matter included in the Concurrent Legislative List set out in

          the first column of Part II of the Second Schedule to this

          Constitution to the extent prescribed in the second column opposite

          thereto; and

          (c) any other matter with respect to which it is empowered to make

          laws in accordance with the provisions of this Constitution.

     

(8) Save as otherwise provided by this Constitution, the exercise of

      legislative powers by the National Assembly or by a House of Assembly

      shall be subject to the jurisdiction of courts of law and of judicial

      tribunals established by law, and accordingly, the National Assembly or a

      House of Assembly shall not enact any law, that ousts or purports to oust

      the jurisdiction of a court of law or of a judicial tribunal established

      by law.

     

(9) Notwithstanding the foregoing provisions of this section, the National

      Assembly or a House of Assembly shall not, in relation to any criminal

      offence whatsoever, have power to make any law which shall have

      retrospective effect.

            5. (1) Subject to the provisions of this Constitution, the executive powers

                        of the Federation:

                        (a) shall be vested in the President and may subject as aforesaid and

                        to the provisions of any law made by the National Assembly, be

                        exercised by him either directly or through the Vice-President and

                        Ministers of the Government of the Federation or officers in the

                        public service of the Federation; and

                        (b) shall extend to the execution and maintenance of this

                        Constitution, all laws made by the National Assembly and to all

                        matters with respect to which the National Assembly has, for the time

                        being, power to make laws.

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

      of a State:

          (a) shall be vested in the Governor of that State and may, subject as

          aforesaid and to the provisions of any Law made by a House of

          Assembly, be exercised by him either directly or through the Deputy

          Governor and Commissioners of the Government of that State or officers

          in the public service of the State; and

          (b) shall extend to the execution and maintenance of this

          Constitution, all laws made by the House of Assembly of the State and

          to all matters with respect to which the House of Assembly has for the

          time being power to make laws.

      (3) The executive powers vested in a State under subsection (2) of this

      section shall be so exercised as not to:-

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

          Federation;

          (b) endanger any asset or investment of the Government of the

          Federation in that State; or

          (c) endanger the continuance of a Federal Government in Nigeria.

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

          (a) the President shall not declare a state of war between the

          Federation and another country except with the sanction of a

          resolution of both Houses of the National Assembly, sitting in a joint

          session; and

          (b) except with the prior approval of the Senate, no member of the

          armed forces of the Federation shall be deployed on combat duty

          outside Nigeria.

      (5) Notwithstanding the provisions of subsection (4) of this section, the

      President, in consultation with the National Defence Council, may deploy

      members of the armed forces of the Federation on a limited combat duty

      outside Nigeria if he is satisfied that the national security is under

      imminent threat or danger:

      Provided that the President shall, within seven days of actual combat

      engagement, seek the consent of the Senate and the Senate shall thereafter

      give or refuse the said consent within 14 days.

    (6)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 -