Constitution of the Federal Republic of Nigeria
1999
We the people of the Federal Republic of Nigeria
Having firmly and solemnly resolve, to live in unity and harmony
as one indivisible and indissoluble sovereign nation under God,
dedicated to the promotion of inter-African solidarity, world
peace, international co-operation and understanding
And to provide for a Constitution for the purpose of promoting
the good government and welfare of all persons in our country, on
the principles of freedom, equality and justice, and for the
purpose of consolidating the unity of our people
Do hereby make, enact and give to ourselves the following
Constitution:-
Chapter I
General Provisions
Part I
Federal Republic of Nigeria
1. (1) This Constitution is supreme and its provisions shall have
binding force on the authorities and persons throughout the
Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor
shall any persons or group of persons take control of the
Government of Nigeria or any part thereof, except in accordance
with the provisions of this Constitution.
(3) If any other law is inconsistent with the provisions of this
Constitution, this Constitution shall prevail, and that other law
shall, to the extent of the inconsistency, be void.
2. (1) Nigeria is one indivisible and indissoluble sovereign
state to be known by the name of the Federal Republic of Nigeria.
(2) Nigeria shall be a Federation consisting of States and a
Federal Capital Territory.
3. (1) There shall be 36 states in Nigeria, that is to say, Abia,
Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross
River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa,
Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa,
Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba,
Yobe and Zamfara.
(2) Each state of Nigeria, named in the first column of Part I of
the First Schedule to this Constitution, shall consist of the
area shown opposite thereto in the second column of that
Schedule.
(3) The headquarters of the Governor of each State shall be known
as the Capital City of that State as shown in the third column of
the said Part I of the First Schedule opposite the State named in
the first column thereof.
(4) The Federal Capital Territory, Abuja, shall be as defined in
Part II of the First Scheduled to this Constitution.
(5) The provisions of this Constitution in Part I of Chapter VIII
hereof shall in relation to the Federal Capital Territory, Abuja,
have effect in the manner set out thereunder.
(6) There shall be 768 Local Government Areas in Nigeria as shown
in the second column of Part I of the First Schedule to this
Constitution and six area councils as shown in Part II of that
Schedule.
Part II
Powers of the Federal Republic of Nigeria
4. (1) The legislative powers of the Federal Republic of Nigeria
shall be vested in a National Assembly for the Federation, which
shall consist of a Senate and a House of Representatives.
(2) The National Assembly shall have power to make laws for the
peace, order and good government of the Federation or any part
thereof with respect to any matter included in the Exclusive
Legislative List set out in Part I of the Second Schedule to this
Constitution.
(3) The power of the National Assembly to make laws for the
peace, order and good government of the Federation with respect
to any matter included in the Exclusive Legislative List shall,
save as otherwise provided in this Constitution, be to the
exclusion of the Houses of Assembly of States.
(4) In addition and without prejudice to the powers conferred by
subsection (2) of this section, the National Assembly shall have
power to make laws with respect to the following matters, that is
to say:-
(a) any matter in the Concurrent Legislative List set out in the
first column of Part II of the Second Schedule to this
Constitution to the extent prescribed in the second column
opposite thereto; and
(b) any other matter with respect to which it is empowered to
make laws in accordance with the provisions of this Constitution.
(5) If any Law enacted by the House of Assembly of a State is
inconsistent with any law validly made by the National Assembly,
the law made by the National Assembly shall prevail, and that
other Law shall, to the extent of the inconsistency, be void.
(6) The legislative powers of a State of the Federation shall be
vested in the House of Assembly of the State.
(7) The House of Assembly of a State shall have power to make
laws for the peace, order and good government of the State or any
part thereof with respect to the following matters, that is to
say:-
(a) any matter not included in the Exclusive Legislative List set
out in Part I of the Second Schedule to this Constitution.
(b) any matter included in the Concurrent Legislative List set
out in the first column of Part II of the Second Schedule to this
Constitution to the extent prescribed in the second column
opposite thereto; and
(c) any other matter with respect to which it is empowered to
make laws in accordance with the provisions of this Constitution.
(8) Save as otherwise provided by this Constitution, the exercise
of legislative powers by the National Assembly or by a House of
Assembly shall be subject to the jurisdiction of courts of law
and of judicial tribunals established by law, and accordingly,
the National Assembly or a House of Assembly shall not enact any
law, that ousts or purports to oust the jurisdiction of a court
of law or of a judicial tribunal established by law.
(9) Notwithstanding the foregoing provisions of this section, the
National Assembly or a House of Assembly shall not, in relation
to any criminal offence whatsoever, have power to make any law
which shall have retrospective effect.
5. (1) Subject to the provisions of this Constitution, the
executive powers of the Federation:
(a) shall be vested in the President and may subject as aforesaid
and to the provisions of any law made by the National Assembly,
be exercised by him either directly or through the Vice-President
and Ministers of the Government of the Federation or officers in
the public service of the Federation; and
(b) shall extend to the execution and maintenance of this
Constitution, all laws made by the National Assembly and to all
matters with respect to which the National Assembly has, for the
time being, power to make laws.
(2) Subject to the provisions of this Constitution, the executive
powers of a State:
(a) shall be vested in the Governor of that State and may,
subject as aforesaid and to the provisions of any Law made by a
House of Assembly, be exercised by him either directly or through
the Deputy Governor and Commissioners of the Government of that
State or officers in the public service of the State; and
(b) shall extend to the execution and maintenance of this
Constitution, all laws made by the House of Assembly of the State
and to all matters with respect to which the House of Assembly
has for the time being power to make laws.
(3) The executive powers vested in a State under subsection (2)
of this section shall be so exercised as not to:-
(a) impede or prejudice the exercise of the executive powers of
the Federation;
(b) endanger any asset or investment of the Government of the
Federation in that State; or
(c) endanger the continuance of a Federal Government in Nigeria.
(4) Notwithstanding the foregoing provisions of this section:-
(a) the President shall not declare a state of war between the
Federation and another country except with the sanction of a
resolution of both Houses of the National Assembly, sitting in a
joint session; and
(b) except with the prior approval of the Senate, no member of
the armed forces of the Federation shall be deployed on combat
duty outside Nigeria.
(5) Notwithstanding the provisions of subsection (4) of this
section, the President, in consultation with the National Defence
Council, may deploy members of the armed forces of the Federation
on a limited combat duty outside Nigeria if he is satisfied that
the national security is under imminent threat or danger:
Provided that the President shall, within seven days of actual
combat engagement, seek the consent of the Senate and the Senate
shall thereafter give or refuse the said consent within 14 days.
6. (1) The judicial powers of the Federation shall be vested in
the courts to which this section relates, being courts
established for the Federation.
(2) The judicial powers of a State shall be vested in the courts
to which this section relates, being courts established, subject
as provided by this Constitution, for a State.
(3) The courts to which this section relates, established by this
Constitution for the Federation and for the States, specified in
subsection (5) (a) to (1) of this section, shall be the only
superior courts of record in Nigeria; and save as otherwise
prescribed by the National Assembly or by the House of Assembly
of a State, each court shall have all the powers of a superior
court of record.
(4) Nothing in the foregoing provisions of this section shall be
construed as precluding:-
(a) the National Assembly or any House of Assembly from
establishing courts, other than those to which this section
relates, with subordinate jurisdiction to that of a High Court;
(b) the National Assembly or any House of Assembly, which does
not require it, from abolishing any court which it has power to
establish or which it has brought into being.
(5) This section relates to:-
(a) the Supreme Court of Nigeria;
(b) the Court of Appeal;
(c) the Federal High Court;
(d) the High Court of the Federal Capital Territory, Abuja;
(e) 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 thantwo-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.
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.
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.
Chapter IV
Fundamental Rights
33. (1) Every person has a right to life, and no one shall be
deprived intentionally of his life, save in execution of the
sentence of a court in respect of a criminal offence of which he
has been found guilty in Nigeria.
(2) A person shall not be regarded as having been deprived of his
life in contravention of this section, if he dies as a result of
the use, to such extent and in such circumstances as are
permitted by law, of such force as is reasonably necessary -
(a) for the defence of any person from unlawful violence or for
the defence of property:
(b) in order to effect a lawful arrest or to prevent the escape
of a person lawfully detained; or
(c) for the purpose of suppressing a riot, insurrection or
mutiny.
34. (1) Every individual is entitled to respect for the dignity
of his person, and accordingly -
(a) no person shall be subject to torture or to inhuman or
degrading treatment;
(b) no person shall he held in slavery or servitude; and
(c) no person shall be required to perform forced of compulsory
labour.
(2) for the purposes of subsection (1) (c) of this section,
"forced or compulsory labour" does not include -
(a) any labour required in consequence of the sentence or order
of a court;
(b) any labour required of members of the armed forces of the
Federation or the Nigeria Police Force in pursuance of their
duties as such;
(c) in the case of persons who have conscientious objections to
service in the armed forces of the Federation, any labour
required instead of such service;
(d) any labour required which is reasonably necessary in the
event of any emergency or calamity threatening the life or
well-being of the community; or
(e) any labour or service that forms part of -
(i) normal communal or other civic obligations of the well-being
of the community.
(ii) such compulsory national service in the armed forces of the
Federation as may be prescribed by an Act of the National
Assembly, or
(iii) such compulsory national service which forms part of the
education and training of citizens of Nigeria as may be
prescribed by an Act of the National Assembly.
35. (1) Every person shall be entitled to his personal liberty
and no person shall be deprived of such liberty save in the
following cases and in accordance with a procedure permitted by
law -
(a) in execution of the sentence or order of a court in respect
of a criminal offence of which he has been found guilty;
(b) by reason of his failure to comply with the order of a court
or in order to secure the fulfilment of any obligation imposed
upon him by law;
(c) for the purpose of bringing him before a court in execution
of the order of a court or upon reasonable suspicion of his
having committed a criminal offence, or to such extent as may be
reasonably necessary to prevent his committing a criminal
offence;
(d) in the case of a person who has not attained the age of
eighteen years for the purpose of his education or welfare;
(e) in the case of persons suffering from infectious or
contagious disease, persons of unsound mind, persons addicted to
drugs or alcohol or vagrants, for the purpose of their care or
treatment or the protection of the community; or
(f) for the purpose of preventing the unlawful entry of any
person into Nigeria or of effecting the expulsion, extradition or
other lawful removal from Nigeria of any person or the taking of
proceedings relating thereto:
Provided that a person who is charged with an offence and who has
been detained in lawful custody awaiting trial shall not continue
to be kept in such detention for a period longer than the maximum
period of imprisonment prescribed for the offence.
(2) Any person who is arrested or detained shall have the right
to remain silent or avoid answering any question until after
consultation with a legal practitioner or any other person of his
own choice.
(3) Any person who is arrested or detained shall be informed in
writing within twenty-four hours (and in a language that he
understands) of the facts and grounds for his arrest or
detention.
(4) Any person who is arrested or detained in accordance with
subsection (1) (c) of this section shall be brought before a
court of law within a reasonable time, and if he is not tried
within a period of -
(a) two months from the date of his arrest or detention in the
case of a person who is in custody or is not entitled to bail; or
(b) three months from the date of his arrest or detention in the
case of a person who has been released on bail, he shall (without
prejudice to any further proceedings that may be brought against
him) be released either unconditionally or upon such conditions
as are reasonably necessary to ensure that he appears for trial
at a later date.
(5) In subsection (4) of this section, the expression "a
reasonable time" means -
(a) in the case of an arrest or detention in any place where
there is a court of competentjurisdiction 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.
Chapter V
The Legislature
Part I
National Assembly
A - Composition and Staff of National Assembly
47. There shall be a National Assembly for the Federation which
shall consist of a Senate and a House of Representatives.
48. The Senate shall consist of three Senators from each State
and one from the Federal Capital Territory, Abuja.
49. Subject to the provisions of this Constitution, the House of
Representatives shall consist of three hundred and sixty members
representing constituencies of nearly equal population as far as
possible, provided that no constituency shall fall within more
than one State.
50. (1) There shall be:-
(a) a President and a Deputy President of the Senate, who shall
be elected by the members of that House from among themselves;
and
(b) a Speaker and a Deputy Speaker of the House of
Representatives, who shall be elected by the members of that
House from among themselves.
(2) The President or Deputy President of the Senate or the
Speaker or Deputy Speaker of the House of Representatives shall
vacate his office -
(a) if he ceases to be a member of the Senate or of the House of
Representatives, as the case may be, otherwise than by reason of
a dissolution of the Senate or the House of Representatives; or
(b) when the House of which he was a member first sits after any
dissolution of that House; or
(c) if he is removed from office by a resolution of the Senate or
of the House of Representatives, as the case may be, by the votes
of not less than two-thirds majority of the members of that
House.
51. There shall be a Clerk to the National Assembly and such
other staff as may be prescribed by an Act of the National
Assembly, and the method of appointment of the Clerk and other
staff of the National Assembly shall be as prescribed by that tab
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 Federationinto
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.
E - Powers and Control over Public Funds
80. (1) All revenues or other moneys raised or received by the
Federation (not being revenues or other moneys payable under this
Constitution or any Act of the National Assembly into any other
public fund of the Federation established for a specific purpose)
shall be paid into and form one Consolidated Revenue Fund of
theFederation.
(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 thePresident
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 provisionsthereof, the
Senate or the House of Representatives or a committee appointed
in accordance with section 62 of this Constitution shall have
power to -
(a) procure all such evidence, written or oral, direct or
circumstantial, as it may think necessary or desirable, and
examine all persons as witnesses whose evidence may be material
or relevant to the subject matter;
(b) require such evidence to be given on oath;
(c) summon any person in Nigeria to give evidence at any place or
produce any document or other thing in his possession or under
his control, and examine him as a witness and require him to
produce any document or other thing in his possession or under
his control, subject to all just exceptions; and
(d) issue a warrant to compel the attendance of any person who,
after having been summoned to attend, fails, refuses or neglects
to do so and does not excuse such failure, refusal or neglect to
the satisfaction of the House or the committee in question, and
order him to pay all costs which may have been occasioned in
compelling his attendance or by reason of his failure, refusal or
neglect to obey the summons, and also to impose such fine as may
be prescribed for any such failure, refused or neglect; and any
fine so imposed shall be recoverable in the same manner as a fine
imposed by a court of law.
(2) A summons or warrant issued under this section may be served
or executed by any member of the Nigeria Police Force or by any
person authorised in that behalf by the President of the Senate
or the Speaker of the House of Representatives, as the case may
require.
Part II
House of Assembly of a State
A - Composition and Staff of House of Assembly
90. There shall be a House of Assembly for each of the States of
the Federation.
91. Subject to the provisions of this Constitution, a House of
Assembly of a State shall consist of three or four times the
number of seats which that State has in the House of
Representatives divided in a way to reflect, as far as possible
nearly equal population:
Provided that a House of Assembly of a State shall consist of not
less than 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.
E - Powers and Control over Public Funds
120. (1) All revenues or other moneys raised or received by a
State (not being revenues or other moneys payable under this
Constitution or any Law of a House of Assembly into any other
public fund of the State established for a specific purpose)
shall be paid into and form one Consolidated Revenue Fund of the
State.
(2) No moneys shall be withdrawn from the Consolidated Revenue
Fund of the State except to meet expenditure that is charged upon
the Fund by this Constitution or where the issue of those moneys
has been authorised by an Appropriation Law, Supplementary
Appropriation Law or Law passed in pursuance of section 121 of
this Constitution.
(3) No moneys shall be withdrawn from any public fund of the
State, other than the Consolidated Revenue Fund of the State,
unless the issue of those moneys has been authorised by a Law of
the House of Assembly of the State.
(4) No moneys shall be withdrawn from the Consolidated Revenue
Fund of the State or any other public fund of the State except in
the manner prescribed by the House of Assembly.
121. (1) The Governor shall cause to be prepared and laid before
the House of Assembly at any time before the commencement of each
financial year estimates of the revenues and expenditure of the
State for the next following financial year.
(2) The heads of expenditure contained in the estimates, other
than expenditure charged upon the Consolidated Revenue Fund of
the State by this Constitution, shall be included in a bill, to
be known as an Appropriation Bill, providing for the issue from
the Consolidated Revenue Fund of the State of the sums necessary
to meet that expenditure and the appropriation of those sums for
the purposes specified therein.
(3) Any amount standing to the credit of the judiciary in the
Consolidated Revenue Fund of the State shall be paid directly to
the heads of the courts concerned.
(4) If in respect of any financial year, it is found that -
(a) the amount appropriated by the Appropriation Law for any
purpose is insufficient; or
(b) a need has arisen for expenditure for a purpose for which no
amount has been appropriated by the Law,
a supplementary estimate showing the sums required shall be laid
before the House of Assembly and the heads of any such
expenditure shall be included in a Supplementary Appropriation
Bill.
122. If the Appropriation Bill in respect of any financial year
has not been passed into Law by the beginning of the financial
year, the Governor may authorise the withdrawal of moneys from
the Consolidated Revenue Fund of the State for the purpose of
meeting expenditure necessary to carry on the services of the
government for a period not exceeding six months or until the
coming into operation of the Law, whichever is the earlier:
Provided that the withdrawal in respect of any such period shall
not exceed the amount authorised to be withdrawn from the
Consolidated Revenue Fund of the State under the provisions of
the Appropriation Law passed by the House of Assembly for the
corresponding period in the immediately preceding financial year,
being an amount proportionate to the total amount so authorised
for the immediately preceding financial year.
123. (1) A House of Assembly may by Law make provisions for the
establishment of a Contingencies Fund for the State and for
authorising the Governor, if satisfied that there has arisen an
urgent and unforeseen need for expenditure for which no other
provision exists, to make advances from the Fund to meet that
need.
(2) Where any advance is made in accordance with the provisions
of this section, a Supplementary Estimate shall be presented and
a Supplementary Appropriation Bill shall be introduced as soon as
possible for the purpose of replacing the amount so advanced.
124. (1) There shall be paid to the holders of the offices
mentioned in this section such remuneration and salaries as may
be prescribed by a House of Assembly, but not exceeding the
amount as shall have been determined by the Revenue Mobilisation
Allocation and Fiscal Commission.
(2) The remuneration, salaries and allowances payable to the
holders of the offices so mentioned shall be charged upon the
Consolidated Revenue Fund of the State.
(3) The remuneration and salaries payable to the holders of the
said offices and their conditions of service, other than
allowances, shall not be altered to their disadvantage after
their appointment.
(4) The offices aforesaid are the offices of Governor, Deputy
Governor, Auditor-General for a State and the Chairman and
members of the following bodies, that is to say, the State Civil
Service Commission, the State Independent Electoral Commission
and the State Judicial Service Commission.
(5) Provisions may be made by a Law of a House of Assembly for
the grant of a pension or gratuity to or in respect of a person
who had held office as Governor or Deputy Governor and was not
removed from office as a result of impeachment; and any pension
granted by virtue of any provisions made in pursuance of this
subsection shall be a charge upon the Consolidated Revenue Fund
of the State.
125. (1) There shall be an Auditor-General for each State who
shall be appointed in accordance with the provisions of section
126 of this Constitution.
(2) The public accounts of a State and of all offices and courts
of the State shall be audited by the Auditor-General for the
State who shall submit his reports to the House of Assembly of
the State concerned, and for that purpose the Auditor-General or
any person authorised by him in that behalf shall have access to
all the books, records, returns and other documents relating to
those accounts.
(3) Nothing in subsection (2) of this section shall be construed
as authorising the Auditor-General to audit the accounts of or
appoint auditors for government statutory corporations,
commissions, authorities, agencies, including all persons and
bodies established by Law by the Auditor-General shall -
(a) provide such bodies with -
(i) a list of auditors qualified to be appointed by them as
external auditors and from which the bodies shall appoint their
external auditors, and
(ii) a guideline on the level of fees to be paid to external
auditors; and
(b) comment on their annual accounts and auditor's report
thereon.
(4) The Auditor-General for the State shall have power to conduct
periodic checks of all government statutory corporations,
commissions, authorities, agencies, including all persons and
bodies established by a law of the House of Assembly of the
State.
(5) The Auditor-General for a State shall, within ninety days of
receipt of the Accountant-General's financial statement and
annual accounts of the State, submit his report to the House of
Assembly of the State and the House shall cause the report to be
considered by a committee of the House responsible for public
accounts.
(6) In the exercise of his functions under this Constitution, the
Auditor-General for a State shall not be subject to the direction
or control of any other authority or person.
126. (1) The Auditor-General for a State shall be appointed by
the Governor of the State on the recommendation of the State
Civil Service Commission subject to confirmation by the House of
Assembly of the State.
(2) The power to appoint persons to act in the office of the
Auditor-General for a State shall vest in the Governor.
(3) Except with the sanction of a resolution of the House of
Assembly of a State, no person shall act in the office of the
Auditor-General for a State for a period exceeding six months.
127. (1) A person holding the office of Auditor-General under
section 126 (1) of this Constitution shall be removed from office
by the Governor of the State acting on an address supported by
two-thirds majority of the House of Assembly praying that he be
so removed for inability to discharge the functions of his office
(whether arising from infirmity of mind or body or any other
cause) or for misconduct.
(2) An Auditor-General shall not been removed from office before
such retiring age as may be prescribed by Law, save in accordance
with the provisions of this section.
128. (1) Subject to the provisions of this Constitution, a House
of Assembly shall have power by resolution published in its
journal or in the Office Gazette of the Government of the State
to direct or cause to be directed an inquiry or investigation
into -
(a) any matter or thing with respect to which it has power to
make laws; and
(b) the conduct of affairs of any person, authority, ministry or
government department charged, or intended to be charged, with
the duty of or responsibility for -
(i) executing or administering laws enacted by that House of
Assembly, and
(ii) disbursing or administering moneys appropriated or to be
appropriated by such House.
(2) The powers conferred on a House of Assembly under the
provisions of this section are exercisable only for the purpose
of enabling the House to -
(a) make laws with respect to any matter within its legislative
competence and correct any defects in existing laws; and
(b) expose corruption, inefficiency of waste in the execution or
administration of laws within its legislative competence and in
the disbursement or administration of funds appropriated by it.
129. (1) For the purposes of any investigation under section 128
of this Constitution, and subject to the provisions thereof, a
House of Assembly or a committee appointed in accordance with
section 103 of this Constitution shall have power to -
(a) procure all such evidence, written or oral, direct or
circumstantial, as it may think necessary or desirable, and
examine all persons as witnesses whose evidence may be material
or relevant to the subject matter;
(b) require such evidence to be given on oath;
(c) summon any person in Nigeria to give evidence at any place or
produce any document or other thing in his possession or under
his control, and examine him as a witness and require him to
produce any document or other thing in his possession or under
his control, subject to all just exceptions; and
(d) issue a warrant to compel the attendance of any person who,
after having been summoned to attend, fails, refuses or neglects
to do so and does not excuse such failure, refusal or neglect to
the satisfaction of the House of Assembly or the committee, and
order him to pay all costs which may have been occasioned in
compelling his attendance or by reason of his failure, refusal or
neglect to obey the summons and also to impose such fine as may
be prescribed for any such failure, refusal or neglect; and any
fine so imposed shall be recoverable in the same manner as a fine
imposed by a court of law.
(2) A summons or warrant issued under this section may be served
or executed by any member of the Nigeria Police Force or by any
person authorised in that behalf by the Speaker of the House of
Assembly of the State.
Chapter VI
The Executive
Part I
Federal Executive
A - The President of the Federation
130. (1) There shall be for the Federation a President.
(2) The President shall be the Head of State, the Chief Executive
of the Federation and Commander-in-Chief of the Armed Forces of
the Federation.
131. A person shall be qualified for election to the office of
the President if -
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of forty years;
(c) he is a member of a political party and is sponsored by that
political party; and
(d) he has been educated up to at least School Certificate level
or its equivalent.
132. (1) An election to the office of President shall be held on
a date to be appointed by the Independent National Electoral
Commission.
(2) An election to the said office shall be held on a date not
earlier than sixty days and not later than thirty days before the
expiration of the term of office of the last holder of that
office.
(3) Where in an election to the office of President one of the
two or more candidates nominated for the election is the only
candidate after the close of nomination, by reason of the
disqualification, withdrawal, incapacitation, disappearance or
death of the other candidates, the Independent National Electoral
Commission shall extend the time for nomination.
(4) For the purpose of an election to the office of President,
the whole of the Federation shall be regarded as one
constituency.
(5) Every person who is registered to vote at an election of a
member of a legislative house shall be entitled to vote at an
election to the office of President.
133. A candidate for an election to the office of President shall
be deemed to have been duly elected to such office where, being
the only candidate nominated for the election -
(a) he has a majority of YES votes over NO votes cast at the
election; and
(b) he has not less than one-quarter of the votes cast at the
election in each of at least two-thirds of all the States in the
Federation and the Federal Capital Territory, Abuja
134. (1) A candidate for an election to the office of President
shall be deemed to have be been duly elected, where, there being
only two candidates for the election -
(a) he has the majority of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the
election in each of at least two-thirds of all the States in the
Federation and the Federal Capital Territory, Abuja.
(2) A candidate for an election to the office of President shall
be deemed to have been duly elected where, there being more than
two candidates for the election-
(a) he has the highest number of votes cast at the election;
and
(b) he has not less than one-quarter of the votes cast at the
election each of at least two-thirds of all the States in the
Federation and the Federal Capital Territory, Abuja.
(3) In a default of a candidate duly elected in accordance with
subsection (2) of this section their shall be a second election
in accordance with subsection (4) of this section at which the
only candidate shall be -
(a) the candidate who scored the highest number of votes at any
election held in accordance with the said subsection (2) of this
section; and
(b) one among the remaining candidates who has a majority of
votes in the highest number of States, so however that where
there are more than one candidate with majority of votes in the
highest number of States, the candidate among them with the
highest total of votes cast at the election shall be the second
candidate for the election.
(4) In default of a candidate duly elected under the foregoing
subsections, the Independent National Electoral Commission shall
within seven days of the result of the election held under the
said subsections, arrange for an election between the two
candidates and a candidate at such election shall be deemed
elected to the office of President if -
(a) he has a majority of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the
election in each of at least two-thirds of all the States in the
Federation and the Federal Capital Territory, Abuja
(5) In default of a candidate duly elected under subsection (4)
of this section, the Independent National Electoral Commission
shall, within seven days of the result of the election held under
the aforesaid subsection (4), arrange for another election
between the two candidates to which the subsection relates and a
candidate at such election shall be deemed to have been duly
elected to the office of President, if he has a majority of the
votes cast at the election.
135. (1) Subject to the provisions of this Constitution, a person
shall hold the office of President until -
(a) when his successor in office takes the oath of that office;
(b) he dies whilst holding such office; or
(c) the date when his resignation from office takes effect;
or
(d) he otherwise ceases to hold office in accordance with the
provisions of this Constitution.
(2) Subject to the provisions of subsection (1) of this section,
the President shall vacate his office at the expiration of a
period of four years commencing from the date, when -
(a) in the case of a person first elected as President under this
Constitution, he took the Oath of Allegiance and the oath of
office; and
(b) in any other case, the person last elected to that office
under this Constitution took the Oath of Allegiance and oath of
office or would, but for his death, have taken such Oaths.
(3) If the Federation is at war in which the territory of Nigeria
is physically involved and the President considers that it is not
practicable to hold elections, the National Assembly may by
resolution extend the period of four years mentioned in
subsection (2) of this section from time to time; but no such
extension shall exceed a period of six months at any one time.
136. (1) If a person duly elected as President dies before taking
and subscribing the Oath of Allegiance and oath of office, or is
for any reason whatsoever unable to be sworn in, the person
elected with him as Vice-President shall be sworn in as President
and he shall nominate a new Vice-President who shall be appointed
by the President with the approval by a simple majority of the
National Assembly at a joint sitting.
(2) Where the persons duly elected as President and Vice
President die or are unable for any reason whatsoever to assume
office before the inauguration of the National Assembly, the
Independent National Electoral Commission shall immediately
conduct an election for a President and the Vice-President.
137. (1) A person shall not be qualified for election to the
office of President if -
(a) subject to the provisions of section 28 of this Constitution,
he has voluntarily acquired the citizenship of a country other
than Nigeria or, except in such cases as may be prescribed by the
National Assembly, he has made a declaration of allegiance to
such other country; or
(b) he has been elected to such office at any two previous
elections; or
(c) under the law in any part of Nigeria, he is adjudged to be a
lunatic or otherwise declared to be of unsound mind;
or
(d) he is under a sentence of death imposed by any competent
court of law or tribunal in Nigeria or a sentence of imprisonment
or fine for any offence involving dishonesty or fraud (by
whatever name called) or for any other offence, imposed on him by
any court or tribunal or substituted by a competent authority for
any other sentence imposed on him by such a court or tribunal; or
(e) within a period of less than ten years before the date of the
election to the office of President he has been convicted and
sentenced for an offence involving dishonesty or he has been
found guilty of the contravention of the Code of Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in Nigeria or
any other country; or
(g) being a person employed in the civil or public service of the
Federation or of any State, he has not resigned, withdrawn or
retired from the employment at least thirty days before the date
of the election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals
of Inquiry Law or any other law by the Federal or State
Government which indictment has been accepted by the Federal or
State Government, respectively; or
(j) he has presented a forged certificate to the Independent
National Electoral Commission.
(2) Where in respect of any person who has been -
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt
(e) any appeal against the decision is pending in any court of
law in accordance with any law in force in Nigeria, subsection
(1) of this section shall not apply during a period beginning
from the date when such appeal is lodged and ending on the date
when the appeal is finally determined or, as the case may be, the
appeal lapses or is abandoned, whichever is earlier.
138. The President shall not, during his tenure of office, hold
any other executive office or paid employment in any capacity
whatsoever.
139. The National Assembly shall by an Act make provisions as
respects -
(a) persons who may apply to the Court of Appeal for the
determination of any question as to whether;
(i) any person has been validly elected to the office of
President or Vice-President
(ii) the term of office of the President or Vice President has
cease, or
(iii) the office of the President or Vice-President has become
vacant
(b) circumstances and manner in which, and the conditions upon
which such application may be made; and
(c) powers, practice and procedure of the Court of Appeal in
relation to any such application.
140. (1) A person elected to the office of President shall not
begin to perform the functions of that office until he has
declared his assets and liabilities as prescribed in this
Constitution and he has taken and subscribed the Oath of
Allegiance and the oath of office prescribed in the Seventh
Schedule to this Constitution.
(2) The oaths aforesaid shall be administered by the Chief
Justice of Nigeria or the person for the time being appointed to
exercise the functions of that office.
141. There shall be for the Federation a Vice-President.
142. (1) In any election to which the foregoing provisions of
this Part of this Chapter relate, a candidate for an election to
the office of President shall not be deemed to be validly
nominated unless he nominates another candidate as his associate
from the same political party for his running for the office of
President, who is to occupy the office of Vice-President and that
candidate shall be deemed to have been duly elected to the office
of Vice-President if the candidate for an election to the office
of President who nominated him as such associate is duly elected
as President in accordance with the provisions aforesaid.
(2) The provisions of this Part of this Chapter relating to
qualification for election, tenure of office, disqualification,
declaration of assets and liabilities and oaths of President
shall apply in relation to the office of Vice-President as if
references to President were references to Vice-President.
143. (1) The President or Vice-President may be removed from
office in accordance with the provisions of this section.
(2) Whenever a notice of any allegation in writing signed by not
less than one-third of the members of the National Assembly:-
(a) is presented to the President of the Senate;
(b) stating that the holder of the office of President or
Vice-President is guilty of gross misconduct in the performance
of the functions of his office, detailed particulars of which
shall be specified,
the President of the Senate shall within seven days of the
receipt of the notice cause a copy thereof to be served on the
holder of the office and on each member of the National Assembly,
and shall also cause any statement made in reply to the
allegation by the holder of the office to be served on each
member of the National Assembly.
(3) Within fourteen days of the presentation of the notice to the
President of the Senate (whether or not any statement was made by
the holder of the office in reply to the allegation contained in
the notice) each House of the National Assembly shall resolve by
motion without any debate whether or not the allegation shall be
investigated.
(4) A motion of the National Assembly that the allegation be
investigated shall not be declared as having been passed, unless
it is supported by the votes of not less than two-thirds majority
of all the members of each House of the National Assembly.
(5) Within seven days of the passing of a motion under the
foregoing provisions, the Chief Justice of Nigeria shall at the
request of the President of the Senate appoint a Panel of seven
persons who in his opinion are of unquestionable integrity, not
being members of any public service, legislative house or
political party, to investigate the allegation as provide in this
section.
(6) The holder of an office whose conduct is being investigated
under this section shall have the right to defend himself in
person and be represented before the Panel by legal practitioners
of his own choice.
(7) A Panel appointed under this section shall -
(a) have such powers and exercise its functions in accordance
with such procedure as may be prescribed by the National
Assembly; and
(b) within three months of its appointment report its findings to
each House of the National Assembly.
(8) Where the Panel reports to each House of the National
Assembly that the allegation has not been proved, no further
proceedings shall be taken in respect of the matter.
(9) Where the report of the Panel is that the allegation against
the holder of the office has been proved, then within fourteen
days of the receipt of the report at the House the National
Assembly shall consider the report, and if by a resolution of
each House of the National Assembly supported by not less than
two-thirds majority of all its members, the report of the Panel
is adopted, then the holder of the office shall stand removed
from office as from the date of the adoption of the report.
(10) No proceedings or determination of the Panel or of the
National Assembly or any matter relating thereto shall be
entertained or questioned in any court.
(11) In this section -
"gross misconduct" means a grave violation or breach of
the provisions of this Constitution or a misconduct of such
nature as amounts in the opinion of the National Assembly to
gross misconduct.
144. (1) The President or Vice-President shall cease to hold
office, if -
(a) by a resolution passed by two-thirds majority of all the
members of the executive council of the Federation it is declared
that the President or Vice-President is incapable of discharging
the functions of his office; and
(b) the declaration is verified, after such medical examination
as may be necessary, by a medical panel established under
subsection (4) of this section in its report to the President of
the Senate and the Speaker of the House of Representatives.
(2) Where the medical panel certifies in the report that in its
opinion the President or Vice-President is suffering from such
infirmity of body or mind as renders him permanently incapable of
discharging the functions of his office, a notice thereof signed
by the President of the Senate and the Speaker of the House of
Representatives shall be published in the Official Gazette of the
Government of the Federation.
(3) The President or Vice-President shall cease to hold office as
from the date of publication of the notice of the medical report
pursuant to subsection (2) of this section.
(4) the medical panel to which this section relates shall be
appointed by the President of the Senate, and shall comprise five
medical practitioners in Nigeria:-
(a) one of whom shall be the personal physician of the holder of
the office concerned; and
(b) four other medical practitioners who have, in the opinion of
the President of the Senate, attained a high degree of eminence
in the field of medicine relative to the nature of the
examination to be conducted in accordance with the foregoing
provisions.
(5) In this section, the reference to "executive council of
the Federation" is a reference to the body of Ministers of
the Government of the Federation, howsoever called, established
by the President and charged with such responsibilities for the
functions of government as the President may direct.
145. Whenever the President transmits to the President of the
Senate and the Speaker of the House of Representatives a written
declaration that he is proceeding on vacation or that he is
otherwise unable to discharge the functions of his office, until
he transmits to them a written declaration to the contrary such
functions shall be discharged by the Vice-President as Acting
President.
146. (1) The Vice-President shall hold the office of President if
the office of President becomes vacant by reason of death or
resignation, impeachment, permanent incapacity or the removal of
the President from office for any other reason in accordance with
section 143 of this Constitution.
(2) Where any vacancy occurs in the circumstances mentioned in
subsection (1) of this section during a period when the office of
Vice-President is also vacant, the President of the Senate shall
hold the office of President for a period of not more than three
months, during which there shall be an election of a new
President, who shall hold office for the unexpired term of office
of the last holder of the office.
(3) Where the office of Vice-President becomes vacant:-
(a) by reason of death or resignation, impeachment, permanent
incapacity or removal in accordance with section 143 or 144 of
this Constitution;
(b) by his assumption of the office of President in accordance
with subsection (1) of this section; or
(c) for any other reason,
the President shall nominate and, with the approval of each House
of the National Assembly, appoint a new Vice-President.
147. (1) There shall be such offices of Ministers of the
Government of the Federation as may be established by the
President.
(2) Any appointment to the office of Minister of the Government
of the Federation shall, if the nomination of any person to such
office is confirmed by the Senate, be made by the President.
(3) Any appointment under subsection (2) of this section by the
President shall be in conformity with the provisions of section
14(3) of this Constitution:-
provided that in giving effect to the provisions aforesaid the
President shall appoint at least one Minister from each State,
who shall be an indigene of such State.
(4) Where a member of the National Assembly or of a House of
Assembly is appointed as Minister of the Government of the
Federation, he shall be deemed to have resigned his membership of
the National Assembly or of the House of Assembly on his taking
the oath of office as Minister.
(5) No person shall be appointed as a Minister of the Government
of the Federation unless he is qualified for election as a member
of the House of Representatives.
(6) An appointment to any of the offices aforesaid shall be
deemed to have been made where no return has been received from
the Senate within twenty-one working days of the receipt of
nomination by the Senate.
148. (1) The President may, in his discretion, assign to the
Vice-President or any Minister of the Government of the
Federation responsibility for any business of the Government of
the Federation, including the administration of any department of
government.
(2) The President shall hold regular meetings with the
Vice-President and all the Ministers of the Government of the
Federation for the purposes of -
(a) determining the general direction of domestic and foreign
policies of the Government of the Federation;
(b) co-ordinating the activities of the President, the
Vice-President and the Ministers of the Government of the
Federation in the discharge of their executive responsibilities;
and
(c) advising the President generally in discharge of his
executive functions other than those functions with respect to
which he is required by this Constitution to seek the advice or
act on the recommendation of any other person or body.
149. A Minister of the Government of the Federation shall not
enter upon the duties of his office, unless he has declared his
assets and liabilities as prescribed in this Constitution and has
subsequently taken and subscribed the Oath of Allegiance and the
oath of office for the due execution of the duties of his office
prescribed in the Seventh Schedule to this Constitution.
150. (1) There shall be an Attorney-General of the Federation who
shall be the Chief Law Officer of the Federation and a Minister
of the Government of the Federation.
(2) A person shall not be qualified to hold or perform the
functions of the office of the Attorney-General of the Federation
unless he is qualified to practise as a legal practitioner in
Nigeria and has been so qualified for not less than ten years.
151. (1) The President may appoint any person as a Special
Adviser to assist him in the performance of his functions.
(2) The number of such Advisers and their remuneration and
allowances shall be as prescribed by law or by resolution of the
National Assembly.
(3) Any appointment made pursuant to the provisions of this
section shall be at the pleasure of the President and shall cease
when the President ceases to hold office.
152. A person appointed as Special Adviser under section 151 of
this Constitution shall not begin to perform the functions of his
office until he has declared his assets and liabilities as
prescribed in this Constitution and has subsequently taken and
subscribed the Oath of Allegiance and oath of office prescribed
in the Seventh Schedule to this Constitution.
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.
C - Public Revenue
162. (1) The Federation shall maintain a special account to be
called "the Federation Account" into which shall be
paid all revenues collected by the Government of the Federation,
except the proceeds from the personal income tax of the personnel
of the armed forces of the Federation, the Nigeria Police Force,
the Ministry or department of government charged with
responsibility for Foreign Affairs and the residents of the
Federal Capital Territory, Abuja.
(2) The President, upon the receipt of advice from the Revenue
Mobilisation Allocation and Fiscal Commission, shall table before
the National Assembly proposals for revenue allocation from the
Federation Account, and in determining the formula, the National
Assembly shall take into account, the allocation principles
especially those of population, equality of States, internal
revenue generation, land mass, terrain as well as population
density;
Provided that the principle of derivation shall be constantly
reflected in any approved formula as being not less than thirteen
per cent of the revenue accruing to the Federation Account
directly from any natural resources.
(3) Any amount standing to the credit of the Federation Account
shall be distributed among the Federal and State Governments and
the local government councils in each State on such terms and in
such manner as may be prescribed by the National Assembly.
(4) Any amount standing to the credit of the States in the
Federation Account shall be distributed among the States on such
terms and in such manner as may be prescribed by the National
Assembly.
(5) The amount standing to the credit of local government
councils in the Federation Account shall also be allocated to the
State for the benefit of their local government councils on such
terms and in such manner as may be prescribed by the National
Assembly.
(6) Each State shall maintain a special account to be called
"State Joint Local Government Account" into which shall
be paid all allocations to the local government councils of the
State from the Federation Account and from the Government of the
State.
(7) Each State shall pay to local government councils in its area
of jurisdiction such proportion of its total revenue on such
terms and in such manner as may be prescribed by the National
Assembly.
(8) The amount standing to the credit of local government
councils of a State shall be distributed among the local
government councils of that State on such terms and in such
manner as may be prescribed by the House of Assembly of the
State.
(9) Any amount standing to the credit of the judiciary in the
Federation Account shall be paid directly to the National
Judicial Councils for disbursement to the heads of courts
established for the Federation and the States under section 6 of
this Constitution.
(10) For the purpose of subsection (1) of this section,
"revenue" means any income or return accruing to or
derived by the Government of the Federation from any source and
includes -
(a) any receipt, however described, arising from the operation of
any law;
(b) any return, however described, arising from or in respect of
any property held by the Government of the Federation;
(c) any return by way of interest on loans and dividends in
respect of shares or interest held by the Government of the
Federation in any company or statutory body.
163. Where under an Act of the National Assembly, tax or duty is
imposed in respect of any of the matters specified in item D of
Part II of the Second Schedule to this Constitution, the net
proceeds of such tax or duty shall be distributed among the
States on the basis of derivation and accordingly -
(a) where such tax or duty is collected by the Government of a
State or other authority of the State, the net proceeds shall be
treated as part of the Consolidated Revenue Fund of that State;
(b) where such tax or duty is collected by the Government of the
Federation or other authority of the Federation, there shall be
paid to each State at such times as the National Assembly may
prescribe a sum equal to the proportion of the net proceeds of
such tax or duty that are derived from that State.
164. (1) The Federation may make grants to a State to supplement
the revenue of that State in such sum and subject to such terms
and conditions as may be prescribed by the National Assembly.
(2) The Federation may make external grants to a foreign State or
any international body in furtherance of the foreign policy
objectives of Nigeria in such sum and subject to such terms and
conditions as may be prescribed by the National Assembly.
165. Each State shall, in respect of each financial year, pay to
the Federation an amount equal to such part of the expenditure
incurred by the Federation during that financial year for the
purpose of collection of taxes or duties which are wholly or
partly payable to the State pursuant to the provisions of this
Part of this Chapter or of any Act of the National Assembly as is
proportionate to the share of the proceeds of those taxes or
duties received by the State in respect of that financial year.
166. (1) Any payment that is required by this Part of this
Chapter to be made by the Federation to a State may be set-off by
the Federation in or towards payment of any sum that is due from
that State to the Federation in respect of any loan made by the
Federation to that State.
(2) The right of set-off conferred by subsection (1) of this
section shall be without prejudice to any other right of the
Federation to obtain payment of any sum due to the Federation in
respect of any loan.
167. Any payment that is required by this Part of this Chapter to
be made by the Federation to a State shall be a charge upon the
Consolidated Revenue Fund of the Federation and any payment that
is so required to be made by a State to the Federation shall be a
charge upon the Consolidated
Revenue Fund of that State.
189. (1) Where any payment falls to be made under this Part of
this Chapter, the amount payable shall be certified by the
Auditor-General for the Federation;
Provided that a provisional payment may be made before the
Auditor-General has given his certificate.
(2) The National Assembly may prescribe the time at and manner in
which any payment falling to be made under this Part of this
Chapter shall be effected and provide for the making of
adjustments and provisional payment.
D - The Public Service of the Federation
169. There shall be a civil service of the Federation.
170. Subject to the provisions of this Constitution, the Federal
Civil Service Commission may, with the approval of the President
and subject to such conditions as it may deem fit, delegate any
of the powers conferred upon it by this Constitution to any of
its members or to any officer in the civil service of the
Federation.
171. (1) Power to appoint persons to hold or act in the offices
to which this section applies and to remove persons so appointed
from any such office shall vest in the President.
(2) The offices to which this section applies are, namely -
(a) Secretary to the Government of the Federation;
(b) Head of the Civil Service of the Federation;
(c) Ambassador, High Commissioner or other Principal
Representative of Nigeria abroad;
(d) Permanent Secretary in any Ministry or Head of any
Extra-Ministerial Department of the Government of the Federation
howsoever designated; and
(e) any office on the personal staff of the President.
(3) An appointment to the office of the Head of the Civil Service
of the Federation shall not be made except from among Permanent
Secretaries or equivalent rank in the civil service of the
Federation or of a State.
(4) An appointment to the office of Ambassador, High Commissioner
or other Principal Representative of Nigeria abroad shall not
have effect unless the appointment is confirmed by the Senate.
(5) In exercising his powers of appointment under this section,
the President shall have regard to the federal character of
Nigeria and the need to promote national unity.
(6) Any appointment made pursuant to paragraphs (a) and (e) of
subsection (2) of this section shall be at the pleasure of the
President and shall cease when the President ceases to hold
office;
Provided that where a person has been appointed from a public
service of the Federation or a State, he shall be entitled to
return to the public service of the Federation or of the State
when the President ceases to hold office.
172. A person in the public service of the Federation shall
observe and conform to the Code of Conduct.
173. (1) Subject to the provisions of this Constitution, the
right of a person in the public service of the Federation to
receive pension or gratuity shall be regulated by law.
(2) Any benefit to which a person is entitled in accordance with
or under such law as is referred to in subsection (1) of this
section shall not be withheld or altered to his disadvantage
except to such extent as is permissible under any law, including
the Code of Conduct.
(3) Pensions shall be reviewed every five years or together with
any Federal civil service salary reviews, whichever is earlier.
(4) Pensions in respect of service in the public service of the
Federation shall not be taxed.
174. (1) The Attorney-General of the Federation shall have power
-
(a) to institute and undertake criminal proceedings against any
person before any court of law in Nigeria, other than a
court-martial, in respect of any offence created by or under any
Act of the National Assembly;
(b) to take over and continue any such criminal proceedings that
may have been instituted by any other authority or person; and
(c) to discontinue at any stage before judgement is delivered any
such criminal proceedings instituted or undertaken by him or any
other authority or person.
(2) The powers conferred upon the Attorney-General of the
Federation under subsection (1) of this section may be exercised
by him in person or through officers of his department.
(3) In exercising his powers under this section, the
Attorney-General of the Federation shall have regard to the
public interest, the interest of justice and the need to prevent
abuse of legal process.
175. (1) The President may -
(a) grant any person concerned with or convicted of any offence
created by an Act of the National Assembly a pardon, either free
or subject to lawful conditions;
(b) grant to any person a respite, either for an indefinite or
for a specified period, of the execution of any punishment
imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any
punishment imposed on that person for such an offence; or
(d) remit the whole or any part of any punishment imposed on that
person for such an offence or of any penalty or forfeiture
otherwise due to the State on account of such an offence.
(2) The powers of the President under subsection (1) of this
section shall be exercised by him after consultation with the
Council of State.
(3) The President, acting in accordance with the advice of the
Council of State, may exercise his powers under subsection (1) of
this section in relation to persons concerned with offences
against the army, naval or air-force law or convicted or
sentenced by a court-martial.
Part II
State Executive
A - Governor of a State
176. (1) There shall be for each State of the Federation a
Governor.
(2) The governor of a shall be the Chief Executive of that state
177. A person shall be qualified for election to the office of
Governor of a State if
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of thirty-five years;
(c) he is a member of a political party and is sponsored by that
political party; and
(d) he has been educated up to at least School Certificate level
or its equivalent.
178. (1) An election to the office of Governor of a State shall
be held on a date to be appointed by the Independent National
Electoral Commission.
(2) An election to the office of Governor of a State shall be
held on a date not earlier than sixty days and not later than
thirty days before the expiration of the term of office of the
last holder of that office.
(3) Where in an election to the office of Governor of a State one
of the two or more candidates nominated for the election is the
only candidate after the close of nomination, by reason of the
disqualification, withdrawal, incapacitation, disappearance or
death of the other candidates, the Independent National Electoral
Commission shall extend the time for nomination.
(4) For the purpose of an election under this section a State
shall be regarded as one constituency.
(5) Every person who is registered to vote at an election of a
member of a legislative house shall be entitled to vote at an
election to the office of Governor of a State.
179. (1) A candidate for an election to the office of Governor of
a State shall be deemed to have been duly elected to such office
where, being the only candidate nominated for the election-
(a) he has a majority of YES votes over NO votes cast at the
election; and
(b) he has not less than one-quarter of the votes cast at the
election in each of at least two-thirds of all the local
government areas in the State,
but where the only candidate fails to be elected in accordance
with this subsection, then there shall be fresh nominations.
(2) A candidate for an election to the office of Governor of a
State shall be deemed to have been duly elected where, there
being two or more candidates -
(a) he has the highest number of votes cast at the election; and
(b) he has not less than one-quarter of all the votes cast in
each of at least two-thirds of all the local government areas in
the State.
(3) In default of a candidate duly elected in accordance with
subsection (2) of this section there shall be a second election
in accordance with subsection (4) of this section at which the
only candidates shall be -
(a) the candidate who secured the highest number of votes cast at
the election; and
(b) one among the remaining candidates who secured a majority of
votes in the highest number of local government areas in the
State, so however that where there are more than one candidate
with a majority of votes in the highest number of local
government areas, the candidate among them with the next highest
total of votes cast at the election shall be the second
candidate.
(4) In default of a candidate duly elected under subsection (2)
of this section, the Independent National Electoral Commission
shall within seven days of the result of the election held under
that subsection, arrange for an election between the two
candidates and a candidate at such election shall be deemed to
have been duly elected to the office of Governor of a State if -
(a) he has a majority of the votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the
election in each of at least two-thirds of all the local
government areas in the State.
(5) In default of a candidate duly elected under subsection (4)
of this section, the Independent National Electoral Commission
shall within seven days of the result of the election held under
that subsection, arrange for another election between the two
candidates to which that sub-paragraph relates and a candidate at
such election shall be deemed to have been duly elected to the
office of governor of a State if he has a majority of the votes
cast at the election.
180. (1) subject to the provisions of this Constitution, a person
shall hold the office of Governor of a State until -
(a) When his successor in office takes the oath of that office;
or
(b) he dies whilst holding such office; or
(c) the date when his resignation from office takes effect; or
(d) he otherwise ceases to hold office in accordance with the
provisions of this constitution.
(2) Subject to the provisions of subsection (1) of this section,
the Governor shall vacate his office at the expiration of period
of four years commencing from the date when -
(a) in the case of a person first elected as Governor under this
Constitution, he took the Oath of Allegiance and oath of office;
and
(b) the person last elected to that office took the Oath of
Allegiance and oath of office or would, but for his death, have
taken such oaths.
(3) If the Federation is at war in which the territory of Nigeria
is physically involved and the President considers that it is not
practicable to hold elections, the National Assembly may be
resolution extend the period of four years mentioned in
subsection (2) of this section from time to time, but no such
extension shall exceed a period of six months at any one time.
181. (1) If a person duly elected as Governor dies before taking
and subscribing the Oath of Allegiance and oath of office, or is
unable for any reason whatsoever to be sworn in, the person
elected with him as Deputy governor shall be sworn in as Governor
and he shall nominate a new Deputy-Governor who shall be
appointed by the Governor with the approval of a simple majority
of the House of Assembly of the State.
(2) Where the persons duly elected as Governor and Deputy
Governor of a State die or are for any reason unable to assume
office before the inauguration of the house of Assembly, the
Independent National Electoral Commission shall immediately
conduct an election for a Governor and Deputy Governor of the
State.
182. (1) No person shall be qualified for election to the office
of Governor of a State if -
(a) subject to the provisions of section 28 of this Constitution,
he has voluntarily acquired the citizenship of a country other
than Nigeria or, except in such cases as may be prescribed by the
National Assembly, he has made a declaration of allegiance to
such other country; or
(b) he has been elected to such office at any two previous
elections; or
(c) under the law in any part of Nigeria, he is adjudged to be a
lunatic or otherwise declared to be of unsound mind; or
(d) he is under a sentence of death imposed by any competent
court of law or tribunal in Nigeria or a sentence of imprisonment
for any offence involving dishonesty or fraud (by whatever name
called) or any other offence imposed on him by any court or
tribunal or substituted by a competent authority for any other
sentence imposed on him by such a court or tribunal; or
(e) within a period of less than ten years before the date of
election to the office of Governor of a State he has been
convicted and sentenced for an offence involving dishonesty or he
has been found guilty of the contravention of the code of
Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in Nigeria; or
(g) being a person employed in the public service of the
Federation or of any State, he has not resigned, withdrawn or
retired from the employment at least thirty days to the date of
the election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals
of Inquiry Law or any other law by the Federal or State
Government which indictment has been accepted by the Federal or
State Government; or
(j) he has presented a forged certificate to the independent
National Electoral Commission.
(2) Where in respect of any person who has been
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced or declared bankrupt,
(d) adjudged or declared bankrupt,
an appeal against the decision is pending in any court of law in
accordance with any law in force in Nigeria, subsection (1) of
this section shall not apply during a period beginning from the
date when such appeal is lodged and ending on the date when the
appeal is finally determined or, as the case may be, the appeal
lapses or is abandoned, whichever is earlier.
183. The governor shall not, during the period when he holds
office, hold any other executive office or paid employment in any
capacity whatsoever.
184. The National Assembly shall make provisions in respect of -
(a) persons who may apply to an election tribunal for the
determination of any question as to whether
(i) any person has been validly elected to the office of Governor
or Deputy Governor,
(ii) the term of office of a Governor or Deputy Governor has
ceased, or
(iii) the office of Deputy Governor has become vacant;
(b) circumstances and manner in which, and the conditions upon
which such application may be made; and
(c) powers, practice and procedure of the election tribunal in
relation to any such application.
185. (1) A person elected to the office of the Governor of a
State shall not begin to perform the functions of that until he
has declared his assets and liabilities as prescribed in the
Constitution and has subsequently taken and subscribed the Oath
of Allegiance and oath of office prescribed in the Seventh
Schedule to this Constitution.
(2) The Oath of Allegiance and the oath of office shall be
administered by the Chief Judge of the State or Grand Kadi of the
Sharia Court of Appeal of the State, if any or President of the
Customary Court of Appeal of the State, if any, or the person for
the time being respectively appointed to exercise the functions
of any of those offices in any State.
186. There shall be for each State of the Federation a Deputy
Governor.
187. (1) In any election to which the foregoing provisions of
this part of this Chapter relate a candidate for the office of
Governor of a State shall not be deemed to have been validly
nominated for such office unless he nominates another candidate
as his associate for his running for the office of Governor, who
is to occupy the office of Deputy Governor; and that candidate
shall be deemed to have been duly elected to the office of Deputy
Governor if the candidate who nominated him is duly elected as
Governor in accordance with the said provisions.
(2) The provisions of this Part of this Chapter relating to
qualification for election, tenure of office, disqualifications,
declaration of assets and liabilities and Oath of Governor shall
apply in relation to the office of Deputy Governor as if
references to Governor were references to Deputy Governor.
188. (1) The Governor or Deputy Governor of a state may Removal
of Governor be removed from office in accordance with the
provisions or Deputy Governor of this section. from office.
(2) Whenever a notice of any allegation in writing signed by not
less than one-third of the members of the House of Assembly.
(b) stating that the holder of such office is guilty of gross
misconduct in the performance of the functions of his office,
detailed particulars of which shall be specified.
the speaker of the House of Assembly shall, within seven days of
the receipt of the notice, cause a copy of the notice to be
served on the holder of the office and on each member of the
House of Assembly, and shall also cause any statement made in
reply to the allegation by the holder of the office, to be served
on each member of the House of Assembly.
(3) Within fourteen days of the presentation of the notice to the
speaker of the House of Assembly (whether or not any statement
was made by the holder of the office in reply to the allegation
contained in the notice-, the House of Assembly shall resolve by
motion, without any debate whether or not the allegation shall be
investigated.
(4) A motion of the House of Assembly that the allegation be
investigated shall not be declared as having been passed unless
it is supported by the votes of not less than two-thirds majority
of all the members of the House of Assembly.
(5) Within seven days of the passing of a motion under the
foregoing provisions of this section, the Chief judge of the
State shall at the request of the speaker of the House of
Assembly, appoint a Panel of seven persons who in his opinion are
of unquestionable integrity, not being members of any public
service, legislative house or political party, to investigate the
allegation as provided in this section.
(6) The holder of an office whose conduct is being investigated
under this section shall have the right to defend himself in
person or be represented before the panel by a legal practitioner
of his own choice.
(7) A Panel appointed under this section shall -
(a) have such powers and exercise its functions in accordance
with such procedure as may be prescribed by the House of
Assembly; and
(b) within three months of its appointment, report its findings
to the House of Assembly.
(8) Where the Panel reports to the House of Assembly that the
allegation has not been proved, no further proceedings shall be
taken in respect of the matter.
(9) Where the report of the Panel is that the allegation against
the holder of the office has been proved, then within fourteen
days of the receipt of the report, the house of Assembly shall
consider the report, and if by a resolution of the House of
Assembly supported by not less than two-thirds majority of all
its members, the report of the Panel is adopted, then the holder
of the office shall stand removed form office as from the date of
the adoption of the report.
(10) No proceedings or determination of the Panel or of the House
of Assembly or any matter relating to such proceedings or
determination shall be entertained or questioned in any court.
(11) In this section -
"gross misconduct" means a grave violation or breach of
the provisions of this Constitution or a misconduct of such
nature as amounts in the opinion in the House of Assembly to
gross misconduct.
189. (1) The Governor or Deputy Governor of a State shall cease
to hold office if
(a) by a resolution passed by two-thirds majority of all members
of the executive council of the State, it is declared that the
Governor or Deputy Governor is incapable of discharging the
functions of his office; and
(b) the declaration in paragraph (a) of this subsection is
verified, after such medical examination as may be necessary, by
a medical panel established under subsection (4) of this section
in its report to the speaker of the House of Assembly.
(2) Where the medical panel certifies in its report that in its
opinion the Governor or Deputy Governor is suffering from such
infirmity of body or mind as renders him permanently incapable of
discharging the functions of his office, a notice thereof signed
by the Speaker of the House of Assembly shall be published in the
Official Gazette of the Government of the State.
(3) The Governor or Deputy Governor shall cease to hold office as
from the date of publication of the notice of the medical report
pursuant to subsection (2) of this section.
(4) The medical panel to which this section relates shall be
appointed by the Speaker of the House of Assembly of the State,
and shall comprise five medical practitioners in Nigeria -
(a) one of whom shall be the personal physician of the holder of
the office concerned; and
(b) four other medical practitioners who have, in the opinion of
the Speaker of the House of Assembly, attained a high degree of
eminence in the field of medicine relative to the nature of the
examination to be conducted in accordance with the foregoing
provisions of this section.
(5) In this section, the reference to "executive council of
the State" is a reference to the body of Commissioners of
the Government of the State, howsoever called, established by the
Governor and charged with such responsibilities for the functions
of Government as the Governor may direct.
190. Whenever the Governor transmits to the Speaker of the House
of Assembly a written declaration that he is proceeding on
vacation or that he is otherwise unable to discharge the
functions of his office, until he transmits to the Speaker of the
House of Assembly a written declaration to the contrary such
functions shall be discharged by the Deputy Governor as Acting
Governor.
191. (1) The Deputy Governor of a State shall hold the office of
Governor of the State if the office of Governor becomes vacant by
reason of death, resignation, impeachment,permanent incapacity or
removal of the governor from office for any other reason in
accordance with section 188 or 189 of this constitution.
(2) Where any vacancy occurs in the circumstances mentioned in
subsection (1) of this section during a period when the office of
Deputy Governor of the State is also vacant, the Speaker of the
House of Assembly of the State shall hold the office of Governor
of the State for a period of not more than three months, during
which there shall be an election of a new Governor of the State
who shall hold office for the unexpired term of office of the
last holder of the office.
(3) Where the office of the Deputy Governor becomes vacant -
(a) by reason of death, resignation, impeachment, permanent
incapacity or removal in accordance with section 188 or 189 of
this Constitution;
(b) by his assumption of the office of Governor of a State in
accordance with subsection (1) of this section; or
(c) for any other reason, the Governor shall nominate and with
the approval of the House of Assembly of the State, appoint a new
Deputy Governor.
192. (1) There shall be such offices of Commissioners of the
Government of a State as may be established by the Governor of
the State
(2) Any appointment to the office of Commissioner of the
Government of a State shall, if the nomination of any person to
such office is confirmed by the House of Assembly of the State,
be made by the Governor of that State and in making any such
appointment the Governor shall conform with the provisions of
section 14(4) of this Constitution.
(3) Where a member of a House of Assembly or of the National
Assembly is appointed as Commissioner of the Government of a
State, he shall be deemed to have resigned his membership of the
House of Assembly or of the National Assembly on his taking the
Oath of office as Commissioner.
(4) No person shall be appointed as a Commissioner of the
Government of a State unless he is qualified for election as a
member of the House of Assembly of the State.
(5) An appointment to the office of Commissioner under this
section shall be deemed to have been made where no return has
been received from the House of Assembly within twenty-one
working days of the receipt of nomination, by the House of
Assembly.
193. (1) The Governor of a State may, in his discretion, assign
to the Deputy Governor or any Commissioner of the Government of
the State responsibility for any business of the Government of
that State, including the administration of any department of
Government.
(2) The Governor of a State shall hold regular meetings with the
Deputy Governor and all Commissioners of the Government of the
State for the purposes of -
(a) determining the general direction of the policies of the
Government of the State;
(b) co-ordinating the activities of the Governor, the Deputy
Governor and the Commissioners of the Government of the State in
the discharge of their executive responsibilities; and
(c) advising the Governor generally in the discharge of his
executive functions, other than those functions with respect to
which he is required by this Constitution to seek the advice or
act on the recommendation of any other person or body.
194. A Commissioner of the Government of a State shall not enter
upon the duties of his office unless he has declared his assets
and liabilities as prescribed in this Constitution and has
subsequently taken and subscribed the oath of Allegiance and the
oath for the due execution of the duties of his office prescribed
in the Seventh Schedule to this Constitution.
195. (1) There shall be an Attorney-General for each State who
shall be the Chief Law Officer of the State and Commissioner for
Justice of the Government of that State.
(2) A person shall not be qualified to hold or perform the
functions of the office of the Attorney-General of a State unless
he is qualified to practise as a legal practitioner in Nigeria
and has been so qualified for not less than ten years.
196. (1) The Governor of a State may appoint any person as a
Special Adviser to assist him in the performance of his
functions.
(2) The number of such Advisers and their remuneration and
allowances shall be as prescribed by law or by resolution of the
House of Assembly of the State.
(3) Any appointment made pursuant to the provisions of this
section shall be at the pleasure of the Governor, and shall cease
when the Governor ceases to hold office.
(4) A person appointed as a Special Adviser under subsection (1)
of this section shall not begin to perform the functions of the
office unless he has declared his assets and liabilities as
prescribed in this Constitution and has subsequently taken and
subscribed the Oath of Allegiance and the oath of office
prescribed in the Seventh Schedule to this Constitution.
B - Establishment of Certain State Executive Bodies
197. (1) There shall be established for each State of the
Federation the following bodies, namely -
(a) State Civil Service Commission;
(b) State Independent Electoral Commission; and
(c) State Judicial Service Commission.
(2) The composition and powers of each body established by
subsection (1) of this section are as set out in Part II of the
Third Schedule to this Constitution.
(3) In appointing Chairmen and members of boards and governing
bodies of statutory corporations and companies in which the
Government of the State has controlling shares or interests and
councils of Universities, Colleges and other institutions of
higher learning, the Governor shall conform with the provisions
of section 14(4) of this Constitution.
198. Except in the case of ex-officio members or where other
provisions are made in this Constitution, the Chairman and
members of any of the bodies so established shall, subject to the
provisions of this Constitution, be appointed by the Governor of
the State and the appointment shall be subject to confirmation by
a resolution of the House of Assembly of the State.
199. (1) A person who is a member of any of the bodies
established as aforesaid shall, subject to the provisions of this
Part, remain a member thereof -
(a) in the case of an ex-officio member, whilst he holds the
office by virtue of which he is a member of the body;
(b) in the case of a person who is a member by virtue of his
having previously held an office, for the duration of his life;
and
(c) in the case of a person who is a member otherwise than as an
ex-officio member or otherwise than by virtue of his having
previously held an office, for a period of five years from the
date of his appointment.
(2) A member of any of the bodies shall cease to be a member if
any circumstances arise that, if he were not a member of the
body, would cause him to be disqualified for appointment as such
a member.
200. (1) No person shall be qualified for appointment as a member
of any of the bodies aforesaid if -
(a) he is not qualified or if he is disqualified for election as
a member of a House of Assembly;
(b) he has within the preceding ten years, been removed as a
member of any of the bodies or as the holder of any other office
on the ground of misconduct.
(2) Any person employed in the public service of a State shall
not be disqualified for appointment as Chairman or member of any
of such bodies provided that where such a person has been duly
appointed, he shall on his appointment be deemed to have resigned
his former office as from the date of the appointment.
(3) No person shall be qualified for appointment to any of the
bodies aforesaid, if, having previously been appointed as a
member otherwise than as an ex officio member of that body, he
has been re-appointed for a further term as a member of the same
body.
201. (1) Any person holding any of the offices to which this
section applies shall only be removed from that office by the
Governor of that State acting on an address supported by
two-thirds majority of the House of Assembly of the State praying
that he be so removed for inability to discharge the functions of
the office (whether arising from infirmity of mind or body or any
other cause) or for misconduct.
(2) This section applies to the Offices of the Chairman and
members of the State Civil Service Commission, the State
Independent Electoral Commission and the State Judicial Service
Commission.
202. In exercising its power to make appointments or to exercise
disciplinary control over persons the State Civil Service
Commission, the State Independent Electoral Commission and the
State Judicial Service Commission shall not be subject to the
direction and control of any other authority or person.
203. (1) The quorum for a meeting of any of the bodies
established by section 197 of this Constitution shall not be less
than one-third of the total number of members of that body at the
date of the meeting.
(2) A member of such a body shall be entitled to one vote and a
decision of the meeting may be taken and any act or thing may be
done in the name of that body by a majority of the members
present at a meeting.
(3) Whenever such bodies is assembled for a meeting, the Chairman
or other person presiding shall, in all matters in which a
decision is taken by vote (by whatever name such vote may be
called) have a casting as well as a deliberative vote.
(4) Subject to its rules of procedure, any such body may act or
take any decision notwithstanding any vacancy in its membership
or the absence of any member.
204. (1) Subject to subsection (2) of this section, any of the
bodies may, with the approval of the Governor, by rules or
otherwise regulate its own procedure or confer powers or impose
duties on any officer or authority for the purpose of discharging
its functions.
(2) In the exercise of any powers under subsection (1) of this
section any such body shall not confer powers or impose duties on
any officer or authority of the Federation except with the
approval of the President.
205. In this Part of this Chapter, unless the context otherwise
requires:-
(a) any reference to ex officio member shall be construed as a
reference to a person who is a member by virtue of his holding or
performing the functions of an office in the public service of a
State;
(b) office means an office in the public service of a State;
(c) any reference to member of any of the bodies established by
section 197 of this Constitution shall be construed as including
a reference, to the Chairman of that body; and
(d) misconduct means breach of the Oath of Allegiance or oath of
office of a member or a breach of the provisions of this
Constitution or bribery or corruption or false declaration of
assets and liabilities or conviction for treason or treasonable
felony.
C - The Public Service of a State
206. There shall be for each State of the Federation a Civil
Service.
207. Subject to the provisions of this Constitution, a State
Civil Service Commission may, with the approval of the Governor
and subject to such conditions as it may deem fit, delegate any
of the powers conferred upon it by this Constitution to any of
its members or to any officer in the civil service of the State.
208. (1) Power to appoint persons to hold or act in the offices
to which this section applies and to remove persons so appointed
from any such office shall vest in the Governor of the State.
(2) The offices to which this section applies are, namely -
(a) Secretary to the Government of the State;
(b) Head of the Civil Service of the State;
(c) Permanent Secretary or other chief executive in any Ministry
or Department of the Government of the State howsoever
designated; and
(d) any office on the personal staff of the Governor.
(3) An appointment to the office of the Head of the Civil Service
of a State shall not be made except from among Permanent
Secretaries or equivalent rank in the civil service of any State
or of the Federation.
(4) In exercising his powers of appointment under this section,
the Governor shall have regard to the diversity of the people
within the state and the need to promote national unity.
(5) Any appointment made pursuant to paragraphs (a) and (d) of
subsection (2) of this section shall be at the pleasure of the
Governor and shall cease when the Governor ceases to hold office:
Provided that where a person has been appointed from a public
service of the Federation or a State, he shall be entitled to
return to the public service of the Federation or of the State
when the Governor ceases to hold office.
209. A person in the public service of a State shall observe and
conform to the Code of Conduct.
210. (1) Subject to the provisions of subsection (2) of this
section, the right of a person in the public service of a State
to receive pension or gratuity shall be regulated by law.
(2) Any benefit to which a person is entitled in accordance with
or under such law as is referred to in subsection (1) of this
section shall not be withheld or altered to his disadvantage
except to such extent as is permissible under any law, including
the Code of Conduct.
(3) Pensions shall be reviewed every five years or together with
any state civil service salary reviews, whichever is earlier.