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