The Nigerian Constitution

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:- Details taken from http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm

Arrangement of sections

Chapter I

General Provisions Part I – Federal Republic of Nigeria 1. Supremacy of constitution. 2 The Federal Republic of Nigeria. 3 States of the Federation and the Federal Capital Territory, Abuja. Part II Powers of the Federal Republic of Nigeria 4. Legislative powers. 5 Executive powers. 6 Judicial powers 7. Local government system. 8 New states and boundary adjustment, etc. 9 Mode of altering provisions of the constitution 10. Prohibition of State Religion. 11 Public order and public security. 12 Implementation of treaties.

Chapter II

Fundamental Objectives and directive Principles of State Policy 13. Fundamental obligations of the Government. 14 The Government and the people 15 Political objectives. 16. Economic objectives. 17 Social objectives. 18 Educational objectives. 19. Foreign policy objectives. 20. Environmental objectives. 21. Directive on Nigeria cultures 22. Obligation of the mass media 23. National ethics. 24. Duties of the citizen.

Chapter III

Citizenship 25. Citizenship by birth. 26 Citizenship by registration. 27 Citizenship by naturalisation. 28. Dual citizenship. 29 Renunciation of citizenship. 30 Deprivation of citizenship. 31. Persons deemed to be Nigerian citizens. 32 Power to make regulations.

Chapter IV

Fundamental Rights 33. Right to life. 34 Right to dignity of human persons. 35 Right to personal liberty. 36. Right to fair hearing. 37 Right to private and family life. 38 Right to freedom of thought, conscience and religion 39. Right to freedom of expression and the press. 40 Right to peaceful assembly and association. 41 Right to freedom of movement. 42 Right to freedom from discrimination. 43 Right to acquire and own immovable property. 44 Compulsory acquisition of property. 45 Restriction on and derogation from fundamental human rights. 46 Special jurisdiction of High Court and Legal aid.

Chapter V

The Legislature Part I National Assembly A-Composition and Staff of National Assembly 47 Establishment of National Assembly. 48 Composition of the Senate 49 Composition of the House of Representatives. 50 President of the senate and speaker of the House of Representatives. 51 Staff of the National Assembly. B-Procedure for Summoning and Dissolution of National Assembly 52 Declaration of assets and liabilities ;oath of members. 53 Presiding at sitting of the National Assembly and at joint sittings. 54 Quorum. 55 Languages. 56 Voting. 57 Unqualified person sitting or voting. 58 Mode of exercising Federal Legislative power: general 59 Mode of exercising Federal Legislative power: money bills. 60 Regulation of procedure 61 Vacancy or participation of strangers not to invalidate proceedings 62 Committees 63 Sittings 64 Dissolution and issue of proclamations by president. C – Qualifications for Membership of National Assembly and Right of Attendance 65 Qualifications for election 66 Disqualifications 67 Right of attendance of President 68 Tenure of Seat of Members 69 Recall 70 Remuneration D – Elections to National Assembly 71 Senatorial districts and Federal constituencies 72 Size of Senatorial districts and Federal constituencies. 73 Periodical review of Senatorial districts and Federal constituencies 74 Time when alteration of senatorial districts or Federal constituencies takes effects. 75 Ascertainment of population 76 Time of Election to the National Assembly 77 Direct Election and franchise 78 Supervision of election 79 Power of the National Assembly as to determination of certain questions. E – Powers and Control over Public Funds 80 Establishment of Consolidated Revenue Fund 81 Authorisation of expenditure from Consolidated Revenue Fund 82 Authorisation of expenditure in default appropriations 83 Contingencies Fund 84 Remuneration, etc. of the President and certain other officers 85 Audit of Public accounts 86 Appointment of Auditor-General 87 Tenure of office of Auditor-General 88 Power to conduct investigations 89 Power as to matters of evidence Part II House of Assembly of a State A – Composition and Staff of House of Assembly 90 Establishment of House of assembly for each State 91 Composition of the House of Assembly 92 Speaker of House of Assembly 93 Staff of house of Assembly B – Procedure for Summoning and Dissolution of House of Assembly 94 Declaration of assets and liabilities; oaths of members 95 Presiding at sittings 96 Quorum 97 Languages 98 Voting 99 Unqualified person sitting or voting 100 Mode of exercising legislative power of a state 101 Regulation of procedure 102 Vacancy or participation of strangers not to invalidate proceedings. 103 Committees 104 Sittings 105 Dissolution and issue of proclamation by Governor C – Qualification for Membership of House of Assembly and Right of Attendance 106 Qualifications for election 107 Disqualifications 108 Right of attendance of President 109 Tenure of Seat of Members 110 Recall 111 Remuneration D – Elections to a House of Assembly 112 State constituencies 113 Size of state constituencies 114 Periodical review of State constituencies 115 Time when alteration of state constituencies takes effect 116 Time of elections to Houses of Assembly 117 Direct election and franchise 118 Supervision and election 119 Power of National Assembly as to determination of certain questions E – Powers and control over Public Funds 120 Establishment of Consolidated Revenue Fund 121 Authorisation of expenditure from Consolidated Revenue fund 122 Authorisation of expenditure in default of appropriations. 123 Contingencies Fund 124 Remuneration, etc. of the governor and certain other officers 125 Audit of Public accounts 126 Appointment of Auditor-General 127 Tenure of office of Auditor-General 128 Power to conduct investigations 129 Power as to matters of evidence.

Chapter VI

The Executive Part I Federal Executive A-The President of the Federation 130 Establishment of the office of President 131 Qualification for election as President 132 Election of the President: general 133 Election: single presidential candidate 134 Election: two or more presidential candidates 135 Tenure of office of President 136 Death, etc. of president-elect before oath of office. 137 Disqualifications. 138 President: disqualification from other jobs. 139 Determination of certain questions relating to election 140 Declaration of assets and liabilities; oaths of President. 141 Establishment of office of Vice-President 142 Nomination and election of Vice-President 143 Removal of President from office 144 Permanent incapacity of President or Vice-President. 145 Acting President during temporary absence of President 146 Discharge of functions of President 147 Ministers of federal Government 148 Executive Responsibilities of Ministers 149 Declaration of Assets and liabilities; oaths of Ministers. 150 Attorney-General of the Federation 151 Special Advisers. 152 Declaration of assets and Liabilities; oaths of special Adviser. B – Establishment of Certain Federal Executive Bodies 153 Federal Commissions and Councils, etc. 154 Appointment of Chairman and members 155 Tenure of office of members. 156 Qualification for membership. 157 Removal of members. 158 Independence of certain bodies 159 Quorum and decisions 160 Powers and Procedure. 161 Interpretation. C – Public Revenue 162 Distributable pool account 163 Allocation of other revenues 164 Federal grants-in-aid of State revenue. 165 Cost of collection of certain duties 166 Set-off. 167 Sums charged on consolidated Revenue Fund. 168 Provisions with regard to payments D – The Public Service of the Federation 169 Establishment of civil service of the Federation 170 Federal Civil service Commission: power to delegate functions 171 Presidential appointments 172 Code of Conduct 173 Protection of pension rights. 174 Public persecutions 175 Prerogative of mercy. Part II State Executive A – The Governor of a State 176 Establishment of office of Governor 177 Qualification for election as Governor 178 Election of Governor: general. 179 Election: single candidate and two or more candidates 180 Tenure of office of Governor 181 Death, etc. of Governor before oath of office. 182 Disqualifications 183 Governor: disqualification from other jobs. 184 Determination of certain questions relating to elections. 185 Declaration of assets and liabilities; oaths of office of Governor. 186 Establishment of the office of the Deputy Governor 187 Nomination and election of the Deputy Governor 188 Removal of Governor or Deputy Governor from office. 189 Permanent incapacity of Governor or Deputy Governor. 190 Acting governor during temporary absence of Governor. 191 Discharge of functions of Governor. 192 Commissioners of State Government. 193 Executive responsibilities of Deputy Governor and Commissioners. 194 Declaration of assets and liabilities; oaths of Commissioners 195 Attorney-General of a State 196 Special Advisers B – Establishment of Certain State Executive Bodies 197 State Commissioners 198 Appointment of Chairman and members. 199 Tenure of office of the members. 200 Qualification for membership 201 Removal of members. 202 Independence of certain bodies. 203 Quorum and decisions. 204 Powers and procedure 205 Interpretation C – The Public Service of State 206 Establishment of State Civil Service 207 State Civil Service Commission: Power of delegation 208 Appointments by Governor 209 Code of Conduct. 210 Protection of pension rights. 211 Public prosecutions 212 Prerogative of mercy Part III Supplemental A – National Population Census 213 National Population census B – Nigeria Police Force 214 – Establishment of Nigeria Police Force. 215 Appointment of Inspector-General and control of Nigeria Police Force. 216 Delegation of powers to the Inspector-General of Police C – Armed Forces of the Federation 217 Establishment and composition of the armed force of the Federation 218 Command and operational use 219 Establishment of body to ensure federal character of armed forces 220 Compulsory military service. D – Political Parties 221 Prohibition of political activities by certain associations. 222 Restrictions on formation of political parties 223 Constitution and rules of political parties. 224 Aims and objectives 225 Finances of political parties. 226 Annual reports on finances 227 Prohibition of quasi-military organisations. 228 Powers of the national assembly with respect to political parties. 229 Interpretation.

Chapter VII

The Judicature Part I Federal Courts A – The Supreme Court of Nigeria 230 Establishment of the Supreme Court of Nigeria 231 Appointment of Chief justices of Nigeria and justices of the Supreme Court 232 Original jurisdiction. 233 Appellate jurisdiction. 234 Constitution 235 Finality of determinations 236 Practice and procedure B – The Court of Appeal 237 Establishment of Court of Appeal 238 Appointment of President and Justices of the Court of Appeal. 239 Original jurisdiction 240 Appellate jurisdiction 241 Appeals as of rights from the Federal high Court or a High Court. 242 Appeals with leave. 243 Exercise of the rights of appeal from the Federal High Court of a High Court in civil and criminal matters. 244 Appeals from Sharia court of Appeal 245 Appeals from customary court of appeal. 246 Appeal from Code of Conduct Tribunal and other courts and tribunals 247 Constitution 248 Practice and procedure. C – The Federal High Court 249 Establishment of the Federal High Court. 250 Appointment of Chief Judge and Judges of the federal high Court. 251 Jurisdiction 252 Powers 253 Constitution. 254 Practice and procedure D – The High Court of the Federal Capital Territory, Abuja 255 Establishment of the High Court of the Federal Capital Territory, Abuja. 256 Appointment of Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja. 257 Jurisdiction. 258 Constitution. 259 Practice and procedure E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja 260 Establishment of the Sharia Court of Appeal of the Federal Capital Territory, Abuja. 261 Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja. 262 Jurisdiction. 263 Constitution. 264 Practice and Procedure F – The Customary Court of appeal of the Federal Capital Territory, Abuja 265 Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja. 266 Appointment of President and Judges of Court of Appeal of the Federal Capital Territory, Abuja. 267 Jurisdiction. 268 Constitution. 269 Practice and Procedure Part II State Courts A – High Court of a State 270 Establishment of a High Court for each State. 271 Appointment of Chief Judge and Judges of the High Court of a State. 272 Jurisdiction. 273 Constitution. 274 Practice and Procedure B – Sharia Court of Appeal of a State 275 Establishment of Sharia Court of Appeal. 2 76 Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State. 277 Jurisdiction. 278 Constitution. 279 Practice and Procedure C – Customary Court of Appeal of a State 280 Establishment of a Customary Court of Appeal. 281 Appointment of President and Judges of the Customary Court of Appeal of a State. 282 Jurisdiction. 283 Constitution. 284 Practice and Procedure Part III Election Tribunals 285 Establishment and jurisdiction of election tribunals. Part IV Supplemental 286 Jurisdiction of state courts in respect of federal causes 287 Enforcement of decisions. 288 Appointment of persons leaned in Islamic personal law and Customary law 289 Disqualification of certain legal practitioners. 290 Declaration of assets and liabilities: oaths of judicial officers. 291 Tenure of office and pension rights of judicial officers. 292 Removal of other judicial officers from office. 293 Vacancies 294 Determination of causes and matters 295 Reference of questions of law. 296 Interpretation

Chapter VIII

Federal Capital Territory, Abuja and General Supplementary Provisions Part I – Federal Capital Territory, Abuja 297 Federal Capital territory, Abuja: ownership of lands. 298 Capital of the federation 299 Application of Constitution. 300 Representation in the National Assembly 301 Adaptation of certain references. 302 Minister of Federal Capital territory, Abuja. 303 Administration of the Federal Capital territory, Abuja. 304 Establishment of the Judicial Service Committee of the Federal Capital territory, Abuja Part II Miscellaneous Provisions 305 Procedure for proclamation of state of emergency 306 Resignations. 307 Restriction on certain citizens 308 Restrictions on legal proceedings. Part III Transitional Provisions and Savings 309 Citizenship 310 Staff of legislative houses. 311 Standing Orders 312 Special provisions in respect of first election. 313 System of revenue allocation. 314 Debts. 315 Existing law. 316 Existing offices, courts and authorities. 317 Succession to property, rights, liabilities and obligations. Part IV Interpretation, Citation and Commencement 318 Interpretation. 319 Citation. 320 Commencement.

Schedules

First Schedule

Part I – States of the Federation Part II – Definition and Area Councils of Federal Capital Territory, Abuja

Second Schedule

Part I – Exclusive Legislative List Part II – Concurrent Legislative List Part III – Supplemental and Interpretation

Third Schedule

Part I – Federal Executive Bodies Code of Conduct Bureau Council of State Federal Character Commission Federal Civil Service Commission Federal Judicial Service Commission Independent National Electoral Commission National Defence Council National Economic Council National Judicial Council National Population Commission National Security Council Nigeria Police Council Police Service Commission Revenue Mobilisation Allocation and Fiscal Commission. Part II – State Executive Bodies State Civil Service Commission State Independent Electoral Commission State Judicial Service Commission. Part III – Federal Capital Territory, Abuja Executive Body Judicial Service Committee of the Federal Capital Territory, Abuja

Fourth Schedule

Functions of a Local Council

Fifth Schedule

Part I Code of Conduct for Public officers General Code of Conduct Tribunal Interpretation Part II Public Officers for the Purposes of the Code of Conduct

Sixth Schedule

Election Tribunals National Assembly Election Tribunal Governorship and Legislative Houses Election tribunal

Seventh Schedule (Oaths)

Oaths of Allegiance Oath of Office of President Oath of Office of Governor of a State Oath of Office of Vice-President, Deputy Governor, Minister, Commissioner or Special Adviser Oath of a Member of the National Assembly or of a House of Assembly Judicial Oath

Posted on | August 4, 2010 | No Comments

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