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CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999
WE THE PEOPLE of the Federal Republic of Nigeria:
HAVING firmly and solemnly resolved:
TO LIVE in unity and harmony as one indivisible and indissoluble Sovereign Nation
under God dedicated to the promotion of inter-African solidarity, world peace, international
co-operation and understanding:
AND TO PROVIDE for a Constitution for the purpose of promoting the good government
and welfare of all persons in our country on the principles of Freedom, Equality
and Justice, and for the purpose of consolidating the Unity of our people:
DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following Constitution:
CHAPTER I: GENERAL PROVISIONS
Part I: Federal Republic of Nigeria
Section 1: Supremacy of the Constitution
1. (1) This Constitution is supreme and its provisions shall have binding force on
all authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any person 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.
Section 2: The Federal Republic of Nigeria
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.
Section 3: States of the Federation and the Federal Capital Territory, Abuja
3. (1) There shall be thirty-six 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, Kabbi, Kogi, Kwara, Lagos,
Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and
Zamfara.
Part I, First Schedule
Constitution of the Federal Republic of Nigeria 1999
Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1999
Decree No. 24
[5th May, 1999] Commencement
WHEREAS the Federal Military Government of the Federal Republic’ of Nigeria in compliance
with the Transition to Civil Rule (Political Programme) Decree 1998 has, through
the Independent National Electoral Commission, conducted elections to the office
of President and Vice-President, Governors and Deputy-Governors, Chairmen and Vice-Chairmen,
the National Assembly, the Houses of Assembly and the local government councils;
AND WHEREAS the Federal Military Government in furtherance of its commitment to
hand over to a democratically elected civilian administration on 29th May 1999 inaugurated
on 11th November 1998, the Constitutional Debate Co-ordinating Committee charged
with responsibility to, among other things, pilot the debate on the new Constitution
for Nigeria, co-ordinate and collate views and recommendations canvassed by individuals
and groups for a new Constitution for Nigeria;
AND WHEREAS the Constitutional Debate Co-ordinating Committee benefited from the
receipt of large volumes of memoranda from Nigerians at home and abroad and oral
presentations at the public hearings at the debate centres throughout the country
and the conclusions arrived thereat and also at various seminars, workshops and conferences
organised and was convinced that the general consensus of opinion of Nigerians is
the desire to retain the provisions of the Federal Republic of Nigeria with some
amendments;
AND WHEREAS the Constitutional Debate Co-ordinating Committee has presented the
report of its deliberations of the Provisional Ruling Council;
AND WHEREAS the Provisional Ruling Council has approved the report subject to such
amendments as are deemed necessary in the public interest and for the purpose of
promoting the security, welfare and good governance and fostering the unity and progress
of the people of Nigeria with a view to achieving its objective of handing over an
enduring Constitution to the people of Nigeria;
AND WHEREAS, it is necessary in accordance with the programme on transition to civil
rule for the Constitution of the federal Republic of Nigeria 1979 after necessary
amendments and approval by the Provisional Ruling Council to be promulgated into
a new Constitution for the Federal Republic of Nigeria in order to give the same
force of law with effect from 29th May 1999:
NOW THEREFORE, THE FEDERAL MILITARY GOVERNMENT hereby decrees as follows:-
Promulgation of the Constitution of the Federal Republic of Nigeria 1999. Schedule.
1. (1) There shall be for Nigeria a Constitution which shall be as set out in the
Schedule to this decree.
(2) The Constitution set out in the Schedule to this Decree shall come into force
on 29th May 1999.
(3) Whenever it may hereafter be necessary for the Constitution to be printed it
shall be lawful for the Federal Government Printer to omit all parts of this Decree
apart from the Schedule and the Constitution as so printed shall have the force of
law notwithstanding the omission.
2. This Decree may be cited as the Constitution of the Federal Republic of Nigeria
(Promulgation) Decree 1999.
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999
ARRANGEMENT OF SECTIONS
CHAPTER I: GENERAL PROVISIONS
Part I: Federal Republic of Nigeria
Section 1: Supremacy of the Constitution
Section 2: The Federal Republic of Nigeria
Section 3: States of the Federation and the Federal Capital Territory, Abuja
Part II: Power of the Federal Republic of Nigeria
Section 4: Legislative powers
Section 5: Executive powers
Section 6: Judicial powers
Section 7: Local government system
Section 8: New States and boundary adjustment, etc.
Section 9: Mode of altering provisions of the Constitution
Section 10: Prohibition of State Religion
Section 11: Public order and public security
Section 12: Implementation of treaties
CHAPTER II: FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY
Section 13: Fundamental obligations of the Government
Section 14: The Government and the people
Section 15: Political objectives
Section 16: Economic objectives
Section 17: Social objectives
Section 18: Education objectives
Section 19: Foreign policy objectives
Section 20: Environmental objectives
Section 21: Directive on Nigerian cultures
Section 22: Obligation of the mass media
Section 23: National ethics
Section 24: Duties of the citizen
CHAPTER III: CITIZENSHIP
Section 25: Citizenship by birth
Section 26: Citizenship by registration
Section 27: Citizenship by naturalization
Section 28: Dual citizenship
Section 29: Renunciation of citizenship
Section 30: Deprivation of citizenship
Section 31: Persons deemed to be Nigerian citizen
Section 32: Power to make regulations
CHAPTER IV: FUNDAMENTAL RIGHTS
Section 33: Right to life
Section 34: Right to dignity of human person
Section 35: Right to personal liberty
Section 36: Right to fair hearing
Section 37: Right to private and family life
Section 38: Right to freedom of thought, conscience and religion
Section 39: Right to freedom of expression and the press
Section 40: Right to peaceful assembly and association
Section 41: Right to freedom of movement
Section 42: Right to freedom from discrimination
Section 43: Right to acquire and own immovable property anywhere in Nigeria
Section 44: Compulsory acquisition of property
Section 45: Restriction on and derogation from fundamental rights
Section 46: Special jurisdiction of High Court and legal aid
CHAPTER V: THE LEGISLATURE
Part I: National Assembly
Section 47: Establishment of the National Assembly
Section 48: Composition of the Senate
Section 49: Composition of the House of Representatives
Section 50: President of the Senate and Speaker of the House of Representatives
Section 51: Staff of the National Assembly
Section 52: Declaration of assets and liabilities; oaths of members
Section 53: Presiding at sittings of the National Assembly and at joint sittings
Section 54: Quorum
Section 55: Languages
Section 56: Voting
Section 57: Unqualified person sitting or voting
Section 58: Mode of exercising Federal legislative power: general
Section 59: Mode of exercising Federal legislative power: money bills
Section 60: Regulation of procedure
Section 61: Vacancy or participation of strangers not to invalidate proceedings
Section 62: Committees
Section 63: Sitting
Section 64: Dissolution and issue of proclamation by President
Section 65: Qualifications for election
Section 66: Disqualifications
Section 67: Right of attendance of President
Section 68: Tenure of seat of members
Section 69: Recall
Section 70: Remuneration
Section 71: Senatorial districts and Federal constituencies
Section 72: Size of Senatorial districts and Federal constituencies
Section 73: Periodical review of Senatorial districts and Federal constituencies
Section 74: Time when alteration of Senatorial districts or Federal Constituencies
take effect
Section 75: Ascertainment of population
Section 76: Time of election to the National Assembly
Section 77: Direct election and franchise
Section 78: Supervision of election
Section 79: Power of the National Assembly as to Determination of certain questions
Section 80: Establishment of Consolidated Revenue Fund
Section 81: Authorisation of expenditure from Consolidated Revenue Fund
Section 82: Authorisation of expenditure in default of appropriations
Section 83: Contingencies Fund
Section 84: Remuneration, etc. of the President and certain other officers
Section 85: Audit of public accounts
Section 86: Appointment of Auditor-General
Section 87: Tenure of office of Auditor-General
Section 88: Power to conduct investigations
Section 89: Power as to matters of evidence
Part II: House of Assembly of a State
Section 90: Establishment of House of Assembly for each State
Section 91: Composition of the House of Assembly
Section 92: Speaker of House of Assembly
Section 93: Staff of House of Assembly
Section 94: Declaration of asset and liabilities; oaths of members
Section 95: Presiding at sittings
Section 96: Quorum
Section 97: Languages
Section 98: Voting
Section 99: Unqualified person sitting or voting
Section 100: Mode of exercising legislative power of a State
Section 101: Regulation of procedure
Section 102: Vacancy or participation of strangers not to invalidate procedure
Section 103: Committees
Section 104: Sittings
Section 105: Dissolution and issue of proclamation by Governor
Section 106: Qualifications for election
Section 107: Disqualification
Section 108: Right of attendance of Governor
Section 109: Tenure of seat of members
Section 110: Recall
Section 111: Remuneration
Section 112: State constituencies
Section 113: Size of State constituencies
Section 114: Periodical review of State constituencies
Section 115: Time when alteration of State constituencies takes effect
Section 116: Time of elections to Houses of Assembly
Section 117: Direct election and franchise
Section 118: Supervision of election
Section 119: Power of National Assembly as to determination of certain questions
Section 120: Establishment of Consolidated Revenue Fund
Section 121: Authorisation of expenditure from Consolidated Revenue Fund
Section 122: Authorisation of expenditure in default of appropriations
Section 123: Contingencies Fund
Section 124: Remuneration, etc. of the Governor and certain other officers
Section 125: Audit of public accounts
Section 126: Appointment of Auditor-General
Section 127: Tenure of office of Auditor-General
Section 128: Power to conduct investigations
Section 129: Power as to matters of evidence
CHAPTER VI: THE EXECUTIVE
Part 1: Federal Executive
Section 130: Establishment of the office of President
Section 131: Qualification for election as President
Section 132: Election of the President: general
Section 133: Election: Single Presidential candidate
Section 134: Election: two or more Presidential candidates
Section 135: Tenure of office of President
Section 136: Death, etc. of President-elect before Oath of Office
Section 137: Disqualification
Section 138: President: disqualification from other jobs
Section 139: Determination of certain questions relating to election
Section 140: Declaration of asset and liabilities oaths of President
Section 141: Establishment of office of Vice-President
Section 142: Nomination and election of Vice-President
Section 143: Removal of President from office
Section 144: Permanent incapacity of President or Vice-President
Section 145: Acting President during temporary absence of President
Section 146: Discharge of functions of President
Section 147: Ministers of Federal Government
Section 148: Executive responsibilities of Ministers
Section 149: Declaration of assets and liabilities; oaths of Ministers
Section 150: Attorney-General of the Federation
Section 151: Special Advisers
Section 152: Declaration of assets and liabilities: Oath of Special Adviser
Section 153: Federal Commissions and Councils, etc
Section 154: Appointment of Chairman and members
Section 155: Tenure of office of members
Section 156: Qualification for membership
Section 157: Removal of members
Section 158: Independence of certain bodies
Section 159: Quorum and decisions
Section 160: Powers and procedure
Section 161: Interpretation
Section 162: Distributable pool account
Section 163: Allocation of other revenues
Section 164: Federal grants-in-aid of State revenue
Section 165: Cost of collection of certain duties
Section 166: Set-off
Section 167: Sums charged on Consolidated Revenue Fund
Section 168: Provisions with regard to payments
Section 169: Establishment of civil service of the Federation
Section 170: Federal Civil Service Commission: power to delegate functions
Section 171: Presidential appointments
Section 172: Code of Conduct
Section 173: Protection of pension rights
Section 174: Public prosecutions
Section 175: Prerogative of mercy
Part II: State Executive
Section 176: Establishment of the office of Governor
Section 177: Qualification for election as Governor
Section 178: Election of Governor: general
Section 179: Election: single candidate and two or more candidates
Section 180: Tenure of office of Governor
Section 181: Death, etc. of Governor-elect before oath of office
Section 182: Disqualifications
Section 183: Governor disqualification from other jobs
Section 184: Determination of certain questions relating to elections
Section 185: Declaration of asset and liabilities: oath of office of Governor
Section 186: Establishment of the office of Deputy Governor
Section 187: Nomination and election of Deputy Governor
Section 188: Removal of Governor or Deputy Governor from office
Section 189: Permanent incapacity of Governor or Deputy Governor
Section 190: Acting Governor during temporary absence of Governor
Section 191: Discharged of functions of Governor
Section 192: Commissioners of State Government
Section 193: Executive responsibilities of Deputy Governor and Commissioners
Section 194: Declaration of assets and liabilities; oaths of commissioners
Section 195: Attorney-General of a State
Section 196: Special Advisers
Section 197: State Commissioners
Section 198: Appointment of Chairman and members
Section 199: Tenure of office of members
Section 200: Qualification for membership
Section 201: Removal of members
Section 202: Independence of certain bodies
Section 203: Quorum and decisions
Section 204: Powers and procedure
Section 205: Interpretation
Section 206: Establishment of State civil service
Section 207: State Civil Service Commission power of delegation
Section 208: Appointments by Governor
Section 209: Code of Conduct
Section 210: Protection of pension rights
Section 211: Public prosecutions
Section 212: Prerogative of mercy
Part III: Supplemental
Section 213: National population census
Section 214: Establishment of Nigeria Police Force
Section 215: Appointment of Inspector-General and control of Nigeria Police Force
Section 216: Delegation of powers to the Inspector-General of Police
Section 217: Establishment and composition of the armed forces of the Federation
Section 218: Command and operational use
Section 219: Establishment of body to ensure federal character of armed forces
Section 220: Compulsory military service
Section 221: Prohibition of political activities by certain associations
Section 222: Restriction on formation of political parties
Section 223: Constitution and rules of political parties
Section 224: Aims and objects
Section 225: Finances of political parties
Section 226: Annual report on finances
Section 227: Prohibition of quasi-military organisations
Section 228: Powers of the National Assembly with respect to political parties
Section 229: Interpretation
CHAPTER VII: THE JUDICATURE
Part I: Federal Courts
Section 230: Establishment of the Supreme Court of Nigeria
Section 231: Appointment of Chief Justice of Nigeria and Justices of the Supreme
Court
Section 232: Original Jurisdiction
Section 233: Appellate jurisdiction
Section 234: Constitution
Section 235: Finality of determinations
Section 236: Practice and procedure
Section 237: Establishment of Court of Appeal
Section 238: Appointment of President and Justices of the Court of Appeal
Section 239: Original jurisdiction
Section 240: Appellate jurisdiction
Section 241: Appeal as of right from the Federal High Court or a High Court
Section 242: Appeals with leave
Section 243: Exercise of right of appeal from the Federal High Court or High Court
in civil and criminal matters
Section 244: Appeals from Sharia Court of Appeal
Section 245: Appeals from Customary Court of Appeal of a State
Section 246: Appeal from Code of Conduct Tribunal and other courts and tribunals
Section 247: Constitution
Section 248: Practice and procedure
Section 249: Establishment of the Federal High Court
Section 250: Appointment of Chief Judge and Judges of the Federal High Court
Section 251: Jurisdiction
Section 252: Powers
Section 253: Constitution
Section 254: Practice and procedure
Section 255: Establishment and composition of the High Court of the Federal Capital
Territory, Abuja
Section 256: Appointment of Chief Judge and Judges of High Court of the Federal Capital
Territory, Abuja
Section 257: Jurisdiction
Section 258: Constitution
Section 259: Practice and procedure
Section 260: Establishment of the Sharia Court of Appeal of the Federal Capital Territory,
Abuja
Section 261: Appointment of Grand Kadi and Kadis of Sharia Court of Appeal of the
Federal Capital Territory, Abuja
Section 262: Jurisdiction
Section 263: Constitution
Section 264: Practice and procedure
Section 265: Establishment of the Customary Court of Appeal of the Federal Capital
Territory, Abuja
Section 266: Appointment of President and Judges of the Customary Court of Appeal
Section 267: Jurisdiction
Section 268: Constitution
Section 269: Practice and procedure
Part II: State Courts
Section 270: Establishment of a High Court for each State
Section 271: Appointment of Chief Judge and Judges of the High Court of a State
Section 272: Jurisdiction: general
Section 273: Constitution
Section 274: Practice and procedure
Section 275: Establishment of Sharia Court of Appeal of a State
Section 276: Appointment of Grand Kadi and Kadis
Section 277: Jurisdiction
Section 278: Constitution
Section 279: Practice and procedure
Section 280: Establishment of Customary Court of Appeal
Section 281: Appointment of President and Judges of the Customary Court of Appeal
of a State
Section 282: Jurisdiction
Section 283: Constitution
Section 284: Practice and procedure
Part III: Election Tribunals
Section 285: Establishment and jurisdiction of Election Tribunals
Part IV: Supplemental
Section 286: Jurisdiction of State Courts in respect of Federal causes
Section 287: Enforcement of decisions
Section 288: Appointment of person learned in Islamic personal law and Customary
law
Section 289: Disqualification of certain legal practitioners
Section 290: Declaration of assets and liabilities: oaths of judicial officers
Section 291: Tenure of office and pension rights of judicial officer
Section 292: Removal of judicial officers from office
Section 293: Vacancies
Section 294: Determination of causes and matters
Section 295: Reference of questions of law
Section 296: Interpretation
CHAPTER VIII: FEDERAL CAPITAL TERRITORY, ABUJA AND GENERAL SUPPLEMENTARY PROVISIONS
Part I: Federal Capital Territory, Abuja
Section 297: Federal Capital Territory, Abuja: ownership of lands
Section 298: Capital of the Federation
Section 299: Application of Constitution
Section 300: Representation in the National Assembly
Section 301: Adaptation of certain references
Section 302: Minister of Federal Capital Territory, Abuja
Section 303: Administration of the Federal Capital Territory, Abuja
Section 304: Establishment of the Judicial Service Committee of the Federal Capital
Territory, Abuja
Part II: Miscellaneous Provisions
Section 305: Procedure for declaration of state of emergency
Section 306: Resignations
Section 307: Restriction on certain citizens
Section 308: Restriction on legal proceedings
Part III: Transitional Provisions and Savings
Section 309: Citizenship
Section 310: Staff of legislative houses
Section 311: Standing Orders
Section 312: Special provisions in respect of first election
Section 313: System of revenue allocation
Section 314: Debts
Section 315: Existing law
Section 316: Existing offices, courts and authorities
Section 317: Succession to property, rights, liabilities and obligations
Part IV: Interpretation, Citation and Commencement
Section 318: Interpretation
Section 319: Citation
Section 320: Commencement
SCHEDULES
Abia
Adamawa
Akwa Ibom
Anambra
Bauchi
Bayelsa
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999
WE THE PEOPLE of the Federal Republic of Nigeria:
HAVING firmly and solemnly resolved:
TO LIVE in unity and harmony as one indivisible and indissoluble Sovereign Nation
under God dedicated to the promotion of inter-African solidarity, world peace, international
co-operation and understanding:
AND TO PROVIDE for a Constitution for the purpose of promoting the good government
and welfare of all persons in our country on the principles of Freedom, Equality
and Justice, and for the purpose of consolidating the Unity of our people:
DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following Constitution:
CHAPTER I: GENERAL PROVISIONS
Part I: Federal Republic of Nigeria
Section 1: Supremacy of the Constitution
1. (1) This Constitution is supreme and its provisions shall have binding force on
all authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any person 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.
Section 2: The Federal Republic of Nigeria
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.
Section 3: States of the Federation and the Federal Capital Territory, Abuja
3. (1) There shall be thirty-six 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, Kabbi, Kogi, Kwara, Lagos,
Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and
Zamfara.
Part I, First Schedule
(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.
Part I, First Schedule
(3) The headquarters of the Government 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.
Part II, First Schedule
(4) The Federal Capital Territory, Abuja shall be as defined in Part II of the First
Schedule 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.
Parts I and II, First Schedule
(6) There shall be seven hundred and sixty-eight 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: Power of the Federal Republic of Nigeria
Section 4: Legislative powers
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.
Part I, Second Schedule
(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 –
Part II, Second Schedule
(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 –
Part I, Second Schedule
(a) any matter not included in the Exclusive Legislative List set out in Part I of
the Second Schedule to this Constitution;
Part II, Second Schedule
(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.
Section 5: Executive powers
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 make 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 make by the 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 law 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 ruminant threat or danger;
Provided that the President shall, within seven days of actual combat engagement,
see the consent of the Senate and the Senate shall thereafter give or refuse the
said consent within fourteen days.
Section 6: Judicial powers
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 (i) 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 matter
with respect to which the National Assembly may make laws; and
(k) such other courts 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 in this Constitution,
to all inherent powers and sanctions of a court of law;
(b) shall extend to all matters between persons, or between government or authority
and to any person 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
person;
(c) shall not, except as otherwise provided by this Constitution, extend to any issue
or question as to whether any act or 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 the 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.
Section 7: Local government system
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 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 person who is entitled to vote
or be voted for at an election to a 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 councils 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.
Section 8: New States and boundary adjustment, etc.
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; 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) 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 name –
(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 States; 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 a 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.
Parts I and II, First Schedule
(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 States
or local government areas as provided in section 3 of this Constitution and in
Parts I and II of the First Schedule to the 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.
Section 9: Mode of altering provisions of the Constitution
9. (1) The National Assembly may, subject to the provisions of this section, alter
any of the provisions of this Constitution.
(2) An Act of the National Assembly for the alteration of this Constitution, not
being an Act to which section 8 of this Constitution applies, shall not be passed
in either House of the National Assembly unless the proposal is supported by the
votes of not less than two-thirds majority of all the members of that House and approved
by resolution of the Houses of Assembly of not less than two-thirds of all the States.
(3) An Act of the National Assembly for the purpose of altering the provisions of
this section, section 8 or Chapter IV of this Constitution shall not be passed by
either House of the National Assembly unless the proposal is approved by the votes
of not less than four-fifths majority of all the members of each House, and also
approved by resolution of the Houses of Assembly of not less than two-thirds of all
the 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.
Section 10: Prohibition of State Religion
10. The Government of the Federation or of a State shall not adopt any religion as
State Religion.
Section 11: Public order and public security
11. (1) The National Assembly may make laws for the Federation or any part thereof
with respect to the maintenance and securing of public safety and public order and
providing, maintaining and securing of such supplies and services as may be designated
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 matters 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
thereof 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 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.
Section 12: Implementation of treaties
12. (1) No treaty between the Federation and any other country shall have the force
of law except 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 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
Section 13: Fundamental obligations of the Government
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.
Section 14: The Government and the people
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 form a few States 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 peoples of the Federation.
Section 15: Political objectives
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 throughout 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 or other sectional barriers.
(4) The State shall foster a feeling of belonging and of involvement among the various
peoples 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.
Section 16: Economic objectives
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 wealth or of goods and services; and
(c) “participate” includes the rendering of services and supplying of goods.
Section 17: Social objectives
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 recognized 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 work without discrimination on account of sex, or on any other
ground whatsoever;
(f) children, young persons and the aged 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.
Section 18: Education objectives
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 university education; and
(c) free adult literacy programme.
Section 19: Foreign policy objectives
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.
Section 20: Environmental objectives
20. The State shall protect and improve the environment and safeguarded the water,
air and land, forest and wild life of Nigeria.
Section 21: Directive on Nigerian cultures
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.
Section 22: Obligation of the mass media
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.
Section 23: National ethics
23. The national ethics shall be Discipline, Integrity, Dignity of Labour, Social
Justice, Religious Tolerance, Self-reliance and Patriotism.
Section 24: Duties of the citizen
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 arid 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
Section 25: Citizenship by birth
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 I960.
Section 26: Citizenship by registration
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
Seventh Schedule
(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.
Section 27: Citizenship by naturalization
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 grant of a certificate of naturalisation.
(2) No person shall be qualified to apply for the grant of a certificate of 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;
Seventh Schedule
(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.
Section 28: Dual citizenship
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 remuneration of the citizenship
or nationality of that other country within a period of note more than twelve months
from the date of such registration or grant.
Section 29: Renunciation of citizenship
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.
Section 30: Deprivation of citizenship
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 of the interest of Nigeria.
Section 31: Persons deemed to be Nigerian citizen
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.
Section 32: Power to make regulations
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
Section 33: Right to life
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.
Section 34: Right to dignity of human person
34. (1) Every individual is entitled to respect for the dignity of his person, and
accordingly –
(a) no person shall be subjected to torture or to inhuman or degrading treatment;
(b) no person shall be held in slavery or servitude; and
(c) no person shall be required to perform forced or 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 for 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.
Section 35: Right to personal liberty
35. (1) Every person shall be entitled to his personal liberty and no person shall
be deprived of such liberty save in the following cases and in accordance with a
procedure permitted by law –
(a) in execution of the sentence or order of a court in respect of a criminal offence
of which he has been found guilty;
(b) by reason of his failure to comply with the order of a court or in order to secure
the fulfilment of any obligation imposed upon him by law;
(c) for the purpose of bringing him before a court in execution of the order of a
court or upon reasonable suspicion of his having committed a criminal offence, or
to such extent as may be reasonably necessary to prevent his committing a criminal
offence;
(d) in the case of a person who has not attained the age of eighteen years, for the
purpose of his education or welfare;
(e) in the case of persons suffering from infectious or contagious disease, persons
of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose
of their care or treatment or the protection of the community; or
(f) for the purpose of preventing the unlawful entry of any person into Nigeria or
of effecting the expulsion, extradition or other lawful removal from Nigeria of any
person or the taking of proceedings relating thereto:
Provided that a person who is charged with an offence and who has been detained in
lawful custody awaiting trial shall not continue to be kept in such detention for
a period longer than the maximum period of imprisonment prescribed for the offence.
(2) Any person who is arrested or detained shall have the right to remain silent
or avoid answering any question until after consultation with a legal practitioner
or any other person of his own choice.
(3) Any person who is arrested or detained shall be informed in writing within twenty-four
hours (and in a language that he understands) of the facts and grounds for his arrest
or detention.
(4) Any person who is arrested or detained in accordance with subsection (1)(c) of
this section shall be brought before a court of law within a reasonable time, and
if he is not tried within a period of –
(a) two months from the date of his arrest or detention in the case of a person who
is in custody or is not entitled to bail; or
(b) three months from the date of his arrest or detention in the case of a person
who has been released on bail, he shall (without prejudice to any further proceedings
that may be brought against him) be released either unconditionally or upon such
conditions as are reasonably necessary to ensure that he appears for trial at a later
date.
(5) In subsection (4) of this section, the expression “a reasonable time” means –
(a) in the case of an arrest or detention in any place where there is a court of
competent jurisdiction within a radius of forty kilometres, a period of one day;
and
(b) in any other case, a period of two days or such longer period as in the circumstances
may be considered by the court to be reasonable.
(6) Any person who is unlawfully arrested or detained shall be entitled to compensation
and public apology from the appropriate authority or person; and in this subsection,
“the appropriate authority or person” means an authority or person specified by law.
(7) Nothing in this section shall be construed –
(a) in relation to subsection (4) of this section, as applying in the case of a person
arrested or detained upon reasonable suspicion of having committed a capital offence;
and
(b) as invalidating any law by reason only that it authorises the detention for a
period not exceeding three months of a member of the armed forces of the Federation
or a member of the Nigeria Police Force in execution of a sentence imposed by an
officer of the armed forces of the Federation or of the Nigeria Police Force, in
respect of an offence punishable by such detention of which he has been found guilty.
Section 36: Right to fair hearing
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 person 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 person authorised
by him in that behalf shall be entitled to obtain copies of the judgment 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.
Section 37: Right to private and family life
37. The privacy of citizens, their homes, correspondence, telephone conversations
and telegraphic communications is hereby guaranteed and protected.
Section 38: Right to freedom of thought, conscience and religion
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 a 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.
Section 39: Right to freedom of expression and the press
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 subjection (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.
Section 40: Right to peaceful assembly and association
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.
Section 41: Right to freedom of movement
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 thereto 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.
Section 42: Right to freedom from discrimination
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 her is such a person
–
(a) be subject 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 a member of the Nigeria Police Force or to an office in the service of a body
corporate established directly by any law in force in Nigeria.
Section 43: Right to acquire and own immovable property anywhere 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.
Section 44: Compulsory acquisition of property
44. (1) No movable 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 therefor; 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 forfeitures for the 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 the 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 judgments 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.
Section 45: Restriction on and derogation from fundamental rights
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 of 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.
Section 46: Special jurisdiction of High Court and legal aid
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 the
provisions of this section and may make such orders, issue such writs and give such
directions as it may consider appropriate for the purpose of enforcing or securing
the enforcement 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
Section 47: Establishment of the National Assembly
47. There shall be a National Assembly for the Federation which shall consist of
a Senate and a House of Representatives.
Section 48: Composition of the Senate
48. The Senate shall consist of three Senators from each State and one from the Federal
Capital Territory, Abuja.
Section 49: Composition of the House of Representatives
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.
Section 50: President of the Senate and Speaker of the House of Representatives
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.
Section 51: Staff of the National Assembly
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 Act.
B – Procedure for Summoning and Dissolution of National Assembly
Section 52: Declaration of assets and liabilities; oaths of members
Seventh Schedule
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 Representatives 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.
Section 53: Presiding at sittings of the National Assembly and at joint sittings
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.
Section 54: Quorum
54. (1) The quorum of the Senate or of the House of Representatives shall be one-third
of all the members of the legislative house concerned.
(2) The quorum of a joint sitting of both the Senate and 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 of 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 to a member of either Houses are references to both Houses and to any member
of the National Assembly, respectively.
Section 55: Languages
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.
Section 56: Voting
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 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) 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 signified his intention not to vote on or participate in such matter,
and who does not so vote or participate, to declare any such interest.
Section 57: Unqualified person sitting or voting
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.
Section 58: Mode of exercising Federal legislative power: general
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 her 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.
Section 59: Mode of exercising Federal legislative power: money bills
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.
Section 60: Regulation of procedure
60. Subject to the provisions of this Constitution, the Senate or the House of Representative
shall have power to regulate its own procedure, including the procedure for summoning
and recess of the House.
Section 61: Vacancy or participation of strangers not to invalidate proceedings
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 participation in the proceedings of the House shall not invalidate
those proceedings.
Section 62: Committees
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 fits, 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 the 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 in any such matter.
Section 63: Sitting
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.
Section 64: Dissolution and issue of proclamation by President
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
Section 65: Qualifications for election
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 thirty-five
years; and
(b) the House of Representatives, if he is a citizen of Nigeria and has attained
the age of thirty 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.
Section 66: Disqualifications
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 substituted by a competent authority for any other sentence imposed
on him by such a court;
(d) within a period of less than ten 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 thirty 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 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
(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.
Section 67: Right of attendance of President
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 shall attend either House of the
National Assembly if invited to explain 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.
Section 68: Tenure of seat of members
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.
Section 69: Recall
69. A member of the Senate or of the House of 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.
Section 70: Remuneration
70. A member of the Senate or of the House of Representatives shall receive such
salary and other allowances as the Revenue Mobilisation Allocation and Fiscal Commission
may determine.
D – Elections to National Assembly
Section 71: Senatorial districts and Federal constituencies
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.
Section 72: Size of Senatorial districts and Federal constituencies
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.
Section 73: Periodical review of Senatorial districts and Federal constituencies
73. (1) The Independent National Electoral Commission shall review the division of
States and of the Federation into Senatorial districts and Federal constituencies
at intervals of not less than ten years, and may alter the districts or constituencies
in accordance with the provisions of this section to such extent as it may consider
desirable in the light of the review.
(2) Notwithstanding subsection (1) of this section, the Independent National Electoral
Commission may at any time carry out such a review and alter the districts or constituencies
in accordance with the provisions of this section to such extent as it considers
necessary, in consequence of any amendment to section 3 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.
Section 74: Time when alteration of Senatorial districts or Federal Constituencies
take effect
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
of section 73 hereof, that 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 Representatives (in the case of an alteration to the boundaries of a Federal constituency).
Section 75: Ascertainment of population
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.
Section 76: Time of election to the National Assembly
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 is to fill a vacancy occurring more than three months before
such date, not later than one month after the vacancy occurred.
Section 77: Direct election and franchise
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 one 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.
Section 78: Supervision of election
78. The registration of voters and the conduct of the elections shall be subject
to the direction and supervision of the Independent National Electoral Commission.
Section 79: Power of the National Assembly as to Determination of certain questions
79. 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 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
Section 80: Establishment of Consolidated Revenue Fund
80. (1) All revenues or other moneys raised or received by the Federation (not being
revenues or other moneys payable under this Constitution or any Act of the National
Assembly into any other public fund of the Federation established for a specific
purpose) shall be paid into and form one Consolidated Revenue Fund of the Federation.
(2) No moneys shall be withdrawn from the Consolidated Revenue Fund of the Federation
except to meet expenditure that is charged upon the fund by this Constitution or
where the issue of those moneys has been authorised by an Appropriation Act, Supplementary
Appropriation Act or an Act passed in pursuance of section 81 of this Constitution.
(3) No moneys shall be withdrawn from any public fund of the Federation, other than
the Consolidated Revenue Fund of the Federation, unless the issue of those moneys
has been authorised by an Act of the National Assembly.
(4) No moneys shall be withdrawn from the Consolidated Revenue Fund or any other
public fund of the Federation, except in the manner prescribed by the National Assembly.
Section 81: Authorisation of expenditure from Consolidated Revenue Fund
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 States
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.
Section 82: Authorisation of expenditure in default of appropriations
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 from 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 six months or until the coming into
operation of the Appropriation Act, which 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.
Section 83: Contingencies Fund
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.
Section 84: Remuneration, etc. of the President and certain other officers
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 charged 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 and
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 Consolidate 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 a charge upon the Consolidated Revenue Fund of the Federation.
Section 85: Audit of public accounts
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 by 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 periodic 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.
Section 86: Appointment of Auditor-General
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.
Section 87: Tenure of office of Auditor-General
87. (1) A person holding the office of the Auditor-General for the Federation shall
be removed from office by the President acting on an address supported by two-thirds
majority of the Senate praying that he be so removed for inability to discharge the
functions of his office (whether arising from infirmity of mind or body or any other
cause) or for misconduct.
(2) The Auditor-General shall not be removed from office before such retiring age
as may be prescribed by law, save in accordance with the provisions of this section.
Section 88: Power to conduct investigations
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 an
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 the National Assembly, and
(ii) disbursing or administering moneys appropriated or to be appropriated by the
National Assembly.
(2) The power 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.
Section 89: Power as to matters of evidence
89. (1) For the purposes of any investigation under section 88 of this Constitution
and subject to the provisions thereof, the Senate or the House of representatives
or a committee appointed in accordance with section 62 of this Constitution shall
have power to –
(a) procure all such evidence, written or oral, direct or circumstantial, as it may
think necessary or desirable, and examine all persons as witnesses whose evidence
may be material or relevant to the subject matter;
(b) require such evidence to be given on oath;
(c) summon any person in Nigeria to give evidence at any place or produce any document
or other thing in his possession or under his control, and examine him as a witness
and require him to produce any document or other thing in his possession or under
his control, subject to all just exceptions; and
(d) issue a warrant to compel the attendance of any person who, after having been
summoned to attend, fails, refuses or neglects to do so and does not excuse such
failure, refusal or neglect to the satisfaction of the House or the committee in
question, and order him to pay all costs which may have been occasioned in compelling
his attendance or by reason of his failure, refusal or neglect to obey the summons,
and also to impose such fine as may be prescribed for any such failure, 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 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
Section 90: Establishment of House of Assembly for each State
90. There shall be a House of Assembly for each of the States of the Federation.
Section 91: Composition of the House of Assembly
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.
Section 92: Speaker of House of Assembly
92. (1) There shall be a Speaker and a Deputy Speaker of the 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 the House; or
(c) if he is removed from office by a resolution of the House of Assembly by the
votes of not less than two-thirds majority of the members of the House.
Section 93: Staff of House of Assembly
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
Section 94: Declaration of asset and liabilities; oaths of members
Seventh Schedule
94. 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 the Oath of Allegiance and the oath of membership prescribed as aforesaid
before the Clerk of the House of Assembly.
Section 95: Presiding at sittings
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 that purpose shall preside.
Section 96: Quorum
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.
Section 97: Languages
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.
Section 98: Voting
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.
Section 99: Unqualified person sitting or voting
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.
Section 100: Mode of exercising legislative power of a State
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.
Section 101: Regulation of procedure
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.
Section 102: Vacancy or participation of strangers not to invalidate procedure
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.
Section 103: Committees
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.
Section 104: Sittings
104. A House of Assembly shall sit for a period of not less than one hundred and
eighty-one days in a year.
Section 105: Dissolution and issue of proclamation by Governor
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
Section 106: Qualifications for election
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.
Section 107: Disqualification
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.
Section 108: Right of attendance of Governor
108. (1) The Governor of a State may attend a meeting of the 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 Slate 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.
Section 109: Tenure of seat of members
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.
Section 110: Recall
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 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 the receipt of the petition,
approved by a simple majority of the votes of the persons registered to vote in that
member's constituency.
Section 111: Remuneration
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
Section 112: State constituencies
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.
Section 113: Size of State constituencies
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.
Section 114: Periodical review of State constituencies
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.
Section 115: Time when alteration of State constituencies takes effect
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.
Section 116: Time of elections to Houses 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.
Section 117: Direct election and franchise
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.
Section 118: Supervision of election
118. The registration of voters and the conduct of elections shall be subject to
the direction arid supervision of the Independent National Electoral Commission.
Section 119: Power of National Assembly as to determination of certain questions
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
Section 120: Establishment of Consolidated Revenue Fund
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.
Section 121: Authorisation of expenditure from Consolidated Revenue Fund
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 Stale 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.
Section 122: Authorisation of expenditure in default of appropriations
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.
Section 123: Contingencies Fund
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.
Section 124: Remuneration, etc. of the Governor and certain other officers
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 provision made in pursuance of this subsection shall be
a charge upon the Consolidated Revenue Fund of the State.
Section 125: Audit of public accounts
125. (1) There shall be an Auditor-General for each State who shall be appointed
in accordance with the provisions 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 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) 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 Stale 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.
Section 126: Appointment of Auditor-General
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.
Section 127: Tenure of office of Auditor-General
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 be removed from office before such retiring age
as may be prescribed by Law, save in accordance with the provisions of this section.
Section 128: Power to conduct investigations
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 Official 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 or waste in the execution or administration of
laws within its legislative competence and in the disbursement or administration
of funds appropriated by it.
Section 129: Power as to matters of evidence
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 1: Federal Executive
A – The President of the Federation
Section 130: Establishment of the office of President
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.
Section 131: Qualification for election as President
131. A person shall be qualified for election to the office of 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.
Section 132: Election of the President: general
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.
Section 133: Election: Single Presidential candidate
133. A candidate for an election to (he 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,
but where the only candidate fails to be elected in accordance with this section,
then there shall be fresh nominations.
Section 134: Election: two or more Presidential candidates
134. (1) A candidate for an election to the office of President shall be deemed
to have 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 in each of
at least two-thirds of all the States in the Federation and the Federal Capital Territory,
Abuja.
(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 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 a
majority or 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 to have been duly 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.
Section 135: Tenure of office of President
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.
Section 136: Death, etc. of President-elect before Oath of Office
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
new 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.
Section 137: Disqualification
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,
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.
Section 138: President: disqualification from other jobs
138. President shall not; during his tenure of office, hold any other executive office
or paid employment in any capacity whatsoever.
Section 139: Determination of certain questions relating to election
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 ceased, 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.
Section 140: Declaration of asset and liabilities oaths of President
Seventh Schedule
l40. (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.
Section 141: Establishment of office of Vice-President
141. There shall be for the Federation a Vice-President.
Section 142: Nomination and election of 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.
