| [ |
| { |
| "source": "Constitution", |
| "section_number": "1", |
| "title": "Supremacy of the Constitution", |
| "content": "(1) This Constitution is supreme and its provisions shall have \nbinding force on all authorities and persons throughout the Federal \nRepublic of Nigeria. \n(2) The Federal Republic of Nigeria shall not be governed, nor shall \nany persons or group of persons take control of the Government of \nNigeria or any part thereof, except in accordance with the provisions \nof this Constitution.\n(3) If any other law is inconsistent with the provisions of this \nConstitution, this Constitution shall prevail, and that other law shall \nto the extent of the inconsistency be void." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "2", |
| "title": "The Federal Republic of Nigeria", |
| "content": "(1) Nigeria is one indivisible and indissoluble Sovereign State to be \nknown by the name of the Federal Republic of Nigeria. \n(2) Nigeria shall be a Federation consisting of States and a Federal \nCapital Territory." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "3", |
| "title": "States of the Federation and the Federal Capital Territory, ", |
| "content": "Abuja\n(1) There shall be thirty-six States in Nigeria, that is to say, Abia, \nAdamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, \nCross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, \nKaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, \nNiger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, \nYobe and Zamfara.\n \n(2) Each State of Nigeria named in the first column of Part I of the \nFirst Schedule to this Constitution shall consist of the area shown \nopposite thereto in the second column of that Schedule.\n[Part I First Schedule]\n(3) The headquarters of the Government of each State shall be \nknown as the Capital City of that State as shown in the third column \nof the said Part I of the First Schedule opposite the State named in \nthe first column thereof. \n[Part I First Schedule]\n(4) The Federal Capital Territory, Abuja shall be as defined in Part II \nof the First Schedule to this Constitution. \n[Part II First Schedule]\n(5) The provisions of this Constitution in Part I of Chapter VIII hereof \nshall, in relation to the Federal Capital Territory, Abuja, have effect \nin the manner set out thereunder.\n \n(6) There shall be seven hundred and sixty-eight local government \nareas in Nigeria as shown in the second column of Part I of the First \nSchedule to this Constitution and six area councils as shown in Part \nII of that Schedule. \n[Part I and II First Schedule]\nPART II \nPowers of the Federal Republic of Nigeria" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "4", |
| "title": "Legislative powers", |
| "content": "(1) The legislative powers of the Federal Republic of Nigeria shall \nbe vested in a National Assembly for the Federation which shall \nconsist of a Senate and a House of Representatives.\n \n(2) The National Assembly shall have power to make laws for the \npeace, order and good government of the Federation or any \npart thereof with respect to any matter included in the Exclusive \nLegislative List set out in Part I of the Second Schedule to this \nConstitution. \n[Part I First Schedule]\n(3) The power of the National Assembly to make laws for the peace, \norder and good government of the Federation with respect to \nany matter included in the Exclusive Legislative List shall, save as \notherwise provided in this Constitution, be to the exclusion of the \nHouses of Assembly of States. \n(4) In addition and without prejudice to the powers conferred by \nsubsection (2) of this Section, the National Assembly shall have \npower to make laws with respect to the following matters, that is \nto say-\n(a) any matter in the Concurrent Legislative List set out in the first \ncolumn of Part II of the Second Schedule to this Constitution to \nthe extent prescribed in the second column opposite thereto; \nand\n[Part II Second Schedule]\n(b) any other matter with respect to which it is empowered to \nmake laws in accordance with the provisions of this Constitution. \n(5) If any Law enacted by the House of Assembly of a State is \ninconsistent with any law validly made by the National Assembly, \nthe law made by the National Assembly shall prevail, and that other \nLaw shall to the extent of the inconsistency be void. \n(6) The legislative powers of a State of the Federation shall be \nvested in the House of Assembly of the State.\n \n(7) The House of Assembly of a State shall have power to make laws \nfor the peace, order and good government of the State or any part \nthereof with respect to the following matters, that is to say- \n(a) any matter not included in the Exclusive Legislative List set \nout in Part I of the Second Schedule to this Constitution;\n[Part I Second Schedule]\n(b) any matter included in the Concurrent Legislative List set \nout in the first column of Part II of the Second Schedule to this \nConstitution to the extent prescribed in the second column \nopposite thereto; and \n[Part II Second Schedule]\n(c) any other matter with respect to which it is empowered to \nmake laws in accordance with the provisions of this Constitution. \n(8) Save as otherwise provided by this Constitution, the exercise \nof legislative powers by the National Assembly or by a House of \nAssembly shall be subject to the jurisdiction of courts of law and of \njudicial tribunals established by law, and accordingly, the National \nAssembly or a House of Assembly shall not enact any law, that ousts \nor purports to oust the jurisdiction of a court of law or of a judicial \ntribunal established by law.\n(9) Notwithstanding the foregoing provisions of this section, the \nNational Assembly or a House of Assembly shall not, in relation \nto any criminal offence whatsoever, have power to make any law \nwhich shall have retrospective effect." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "5", |
| "title": "Executive powers", |
| "content": "(1) Subject to the provisions of this Constitution, the executive \npowers of the Federation- \n(a) shall be vested in the President and may, subject as aforesaid \nand to the provisions of any law made by the National Assembly, \nbe exercised by him either directly or through the Vice-President \nand Ministers of the Government of the Federation or officers in \nthe public service of the Federation; and \n(b) shall extend to the execution and maintenance of this \nConstitution, all laws made by the National Assembly and to all \nmatters with respect to which the National Assembly has, for the \ntime being, power to make laws. \n(2) Subject to the provisions of this Constitution, the executive \npowers of a State-\n(a) shall be vested in the Governor of that State and may, subject \nas aforesaid and to the provisions of any Law made by a House \nof Assembly, be exercised by him either directly or through the \nDeputy Governor and Commissioners of the Government of that \nState or officers in the public service of the State; and \n(b) shall extend to the execution and maintenance of this \nConstitution, all laws made by the House of Assembly of that \nState and to all matters with respect to which the House of \nAssembly has for the time being power to make laws. \n(3) The executive powers vested in a State under subsection (2) of \nthis section shall be exercised as not to-\n(a) impede or prejudice the exercise of the executive powers of \nthe Federation; \n(b) endanger any asset or investment of the Government of the \nFederation in that State; or\n(c) endanger the continuance of a federal government in Nigeria. \n(4) Notwithstanding the foregoing provisions of this section- \n(a) the President shall not declare a state of war between the \nFederation and another country except with the sanction of a \nresolution of both Houses of the National Assembly sitting in a \njoint session; and \n(b) except with the prior approval of the Senate, no member of \nthe armed forces of the Federation shall be deployed on combat \nduty outside Nigeria. \n(5) Notwithstanding the provisions of subsection (4) of this section, \nthe President, in consultation with the National Defence Council, \nmay deploy members of the armed forces of the Federation on \na limited combat duty outside Nigeria if he is satisfied that the \nnational security is under imminent threat or danger: \nProvided that the President shall, within seven days of actual combat \nengagement, seek the consent of the Senate and the Senate shall \nthereafter give or refuse the said consent within fourteen days." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "6", |
| "title": "Judicial powers", |
| "content": "(1) The judicial powers of the Federation shall be vested in the \ncourts to which this section relates, being courts established for the \nFederation.\n \n(2) The judicial powers of a State shall be vested in the courts to \nwhich this section relates, being courts established, subject as \nprovided by this Constitution, for a State.\n \n(3) The courts to which this section relates established by this \nConstitution for the Federation and for the States, specified in \nsubsection (5) (a) to (i) of this section, shall be the only superior \ncourts of record in Nigeria; and save as otherwise prescribed by the \nNational Assembly or by the House of Assembly of a State, each \ncourt shall have all the powers of a superior court of record.\n(4) Nothing in the foregoing provisions of this section shall be \nconstrued as precluding- \n(a) the National Assembly or any House of Assembly from \nestablishing courts, other than those to which this section relates, \nwith subordinate jurisdiction to that of a High Court; \n(b) the National Assembly or any House of Assembly, which does \nnot require it, from abolishing any court which it has power to \nestablish or which it has brought into being. \n(5) This section relates to-\n(a) the Supreme Court of Nigeria; \n(b) the Court of Appeal; \n(c) the Federal High Court; \n(cc) the National Industrial Court\n(d) the High Court of the Federal Capital Territory, Abuja; \n(e) a High Court of a State \n(f) the Sharia Court of Appeal of the Federal Capital Territory, \nAbuja; \n(g) a Sharia Court of Appeal of a State; \n(h) the Customary Court of Appeal of the Federal Capital \nTerritory, Abuja; \n(i) a Customary Court of Appeal of a State; \n(j) such other courts as may be authorised by law to exercise \njurisdiction on matters with respect to which the National \nAssembly may make laws; and \n[Section 6(5)\n(cc) is inserted by \nConstitution of the \nFederal Republic \nof Nigeria (Third \nAlteration) Act 2010]\n(k) such other courts as may be authorised by law to exercise \njurisdiction at first instance or on appeal on matters with respect \nto which a House of Assembly may make laws.\n \n(6) The judicial powers vested in accordance with the foregoing \nprovisions of this section \u2013\n(a) shall extend, notwithstanding anything to the contrary in this \nconstitution, to all inherent powers and sanctions of a court of \nlaw; \n(b) shall extend to all matters between persons, or between \ngovernment or authority and to any person in Nigeria, and to all \nactions and proceedings relating thereto, for the determination \nof any question as to the civil rights and obligations of that \nperson; \n(c) shall not, except as otherwise provided by this Constitution, \nextend to any issue or question as to whether any act or omission \nby any authority or person or as to whether any law or any judicial \ndecision is in conformity with the Fundamental Objectives and \nDirective Principles of State Policy set out in Chapter II of this \nConstitution; and\n(d) shall not, as from the date when this section comes into force, \nextend to any action or proceedings relating to any existing law \nmade on or after 15th January, 1966 for determining any issue \nor question as to the competence of any authority or person to \nmake any such law." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "7", |
| "title": "Local government system", |
| "content": "(1) The system of local government by democratically elected local \ngovernment councils is under this Constitution guaranteed; and \naccordingly, the Government of every State shall, subject to section \n8 of this Constitution, ensure their existence under a Law which \nprovides for the establishment, structure, composition, finance and \nfunctions of such councils.\n(2) The person authorised by law to prescribe the area over which a \nlocal government council may exercise authority shall- \n(a) define such area as clearly as practicable; and\n \n(b) ensure, to the extent to which it may be reasonably justifiable, \nthat in defining such area regard is paid to \u2013\n(i) the common interest of the community in the area, \n(ii) traditional association of the community, and \n(iii) administrative convenience. \n(3) It shall be the duty of a local government council within the \nState to participate in economic planning and development of the \narea referred to in subsection (2) of this section and to this end an \neconomic planning board shall be established by a Law enacted by \nthe House of Assembly of the State. \n(4) The Government of a State shall ensure that every person who is \nentitled to vote or be voted for at an election to House of Assembly \nshall have the right to vote or be voted for at an election to a local \ngovernment council. \n(5) The functions to be conferred by Law upon local government \ncouncil shall include those set out in the Fourth Schedule to this \nConstitution. \n[Fourth Schedule]\n(6) Subject to the provisions of this Constitution -\n(a) the National Assembly shall make provisions for statutory \nallocation of public revenue to local government councils in the \nFederation; and \n(b) the House of Assembly of a State shall make provisions \nfor statutory allocation of public revenue to local government \ncouncils within the State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "8", |
| "title": "New States and boundary adjustment, etc.", |
| "content": "(1) An Act of the National Assembly for the purpose of creating a \nnew State shall only be passed if-\n(a) a request, supported by at least two-thirds majority of \nmembers (representing the area demanding the creation of the \nnew State) in each of the following, namely - \n(i) the Senate and the House of Representatives, \n(ii) the House of Assembly in respect of the area, and \n(iii) the local government councils in respect of the area, \nis received by the National Assembly; \n(b) a proposal for the creation of the State is thereafter approved \nin a referendum by at least two-thirds majority of the people of \nthe area where the demand for creation of the State originated; \n(c) the result of the referendum is then approved by a simple \nmajority of all the States of the Federation supported by a simple \nmajority of members of the Houses of Assembly; and \n(d) the proposal is approved by a resolution passed by two-thirds \nmajority of members of each House of the National Assembly. \n(2) An Act of the National Assembly for the purpose of boundary \nadjustment of any existing State shall only be passed if- \n(a) a request for the boundary adjustment, supported by two-\nthirds majority of members (representing the area demanding \nand the area affected by the boundary adjustment) in each of \nthe following, namely- \n(i) the Senate and the House of Representatives, \n(ii) the House of Assembly in respect of the area, and \n(iii) the local government councils in respect of the area,\nis received by the National Assembly; and\n(b) a proposal for the boundary adjustment is approved by - \n(i) a simple majority of members of each House of the National \nAssembly, and \n(ii) a simple majority of members of the House of Assembly in \nrespect of the area concerned. \n(3) A bill for a Law of a House of Assembly for the purpose of \ncreating a new local government area shall only be passed if - \n(a) a request supported by at least two-thirds majority of members\n(representing the area demanding the creation of the new local \ngovernment area) in each of the following, namely- \n(i) the House of Assembly in respect of the area, and \n(ii) the local government councils in respect of the area, \nis received by the House of Assembly; \n(b) a proposal for the creation of the local government area \nis thereafter approved in a referendum by at least two-thirds \nmajority of the people of the local government area where the \ndemand for the proposed local government area originated;\n \n(c) the result of the referendum is then approved by a simple \nmajority of the members in each local government council in a \nmajority of all the local government councils in the State; and \n(d) the result of the referendum is approved by a resolution \npassed by two-thirds majority of members of the House of \nAssembly. \n(4) A bill for a Law of a House of Assembly for the purpose of \nboundary adjustment of any existing local government area shall \nonly be passed if- \n(a) a request for the boundary adjustment is supported by two-\nthirds majority of members (representing the area demanding \nand the area affected by the boundary adjustment) in each of \nthe following, namely - \n(i) the House of Assembly in respect of the area, and \n(ii) the local government council in respect of the area, \nis received by the House of Assembly; and \n(b) a proposal for the boundary adjustment is approved by a \nsimple majority of members of the House of Assembly in respect \nof the area concerned. \n(5) An Act of the National Assembly passed in accordance with \nthis section shall make consequential provisions with respect to \nthe names and headquarters of State or local government areas as \nprovided in section 3 of this Constitution and in Parts I and II of the \nFirst Schedule to this Constitution.\n(6) For the purpose of enabling the National Assembly to exercise \nthe powers conferred upon it by subsection (5) of this section, \neach House of Assembly shall, after the creation of more local \ngovernment areas pursuant to subsection (3) of this section, make \nadequate returns to each House of the National Assembly.\n[Part I and II First Schedule]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "9", |
| "title": "Mode of altering provisions of the Constitution", |
| "content": "(1) The National Assembly may, subject to the provisions of this \nsection, alter any of the provisions of this Constitution. \n(2) An Act of the National Assembly for the alteration of this \nConstitution, not being an Act to which section 8 of this Constitution \napplies, shall not be passed in either House of the National Assembly \nunless the proposal is supported by the votes of not less than two-\nthirds majority of all the members of that House and approved by \nresolution of the Houses of Assembly of not less than two-thirds of \nall the States. \n(3) An Act of the National Assembly for the purpose of altering \nthe provisions of this section, section 8, or Chapter IV of this \nConstitution shall not be passed by either House of the National \nAssembly unless the proposal is approved by the votes of not less \nthan four-fifths majority of all the members of each House, and also \napproved by resolution of the House of Assembly of not less than \ntwo-thirds of all the States. \n(4) For the purposes of section 8 of this Constitution and of \nsubsections (2) and (3) of this section, the number of members of \neach House of the National Assembly shall, notwithstanding any \nvacancy, be deemed to be the number of members specified in \nsections 48 and 49 of this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "10", |
| "title": "Prohibition of State Religion", |
| "content": "The Government of the Federation or of a State shall not adopt any \nreligion as State Religion." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "11", |
| "title": "Public order and public security", |
| "content": "(1) The National Assembly may make laws for the Federation or any \npart thereof with respect to the maintenance and securing of public \nsafety and public order and providing, maintaining and securing of \nsuch supplies and services as may be designated by the National \nAssembly as essential supplies and services. \n(2) Nothing in this section shall preclude a House of Assembly \nfrom making laws with respect to the matters referred to in this \nsection, including the provision for maintenance and securing of \nsuch supplies and services as may be designated by the National \nAssembly as essential supplies and services. \n(3) During any period when the Federation is at war the National \nAssembly may make such laws for the peace, order and good \ngovernment of the Federation or any part thereof with respect to \nmatters not included in the Exclusive Legislative List as may appear \nto it to be necessary or expedient for the defence of the Federation. \n(4) At any time when any House of Assembly of a State is unable \nto perform its functions by reason of the situation prevailing in that \nState, the National Assembly may make such laws for the peace, \norder and good government of that State with respect to matters \non which a House of Assembly may make laws as may appear to \nthe National Assembly to be necessary or expedient until such \ntime as the House of Assembly is able to resume its functions; and \nany such laws enacted by the National Assembly pursuant to this \nsection shall have effect as if they were laws enacted by the House \nof Assembly of the State:\nProvided that nothing in this section shall be construed as conferring \non the National Assembly power to remove the Governor or the \nDeputy Governor of the State from office. \n(5) For the purposes of subsection (4) of this section, a House of \nAssembly shall not be deemed to be unable to perform its functions \nso long as the House of Assembly can hold a meeting and transact \nbusiness." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "12", |
| "title": "Implementation of treaties", |
| "content": "(1) No treaty between the Federation and any other country shall \nhave the force of law except to the extent to which any such treaty \nhas been enacted into law by the National Assembly. \n(2) The National Assembly may make laws for the Federation or any \npart thereof with respect to matters not included in the Exclusive \nLegislative List for the purpose of implementing a treaty. \n(3) A bill for an Act of the National Assembly passed pursuant to the \nprovisions of subsection (2) of this section shall not be presented to \nthe President for assent, and shall not be enacted unless it is ratified \nby a majority of all the House of Assembly in the Federation. \nCHAPTER II\n \nFundamental Objectives and Directive Principles of State Policy" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "13", |
| "title": "Fundamental obligations of the Government", |
| "content": "It shall be the duty and responsibility of all organs of government, \nand of all authorities and persons, exercising legislative, executive \nor judicial powers, to conform to, observe and apply the provisions \nof this Chapter of this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "14", |
| "title": "The Government and the people", |
| "content": "(1) The Federal Republic of Nigeria shall be a State based on the \nprinciples of democracy and social justice. \n(2) It is hereby, accordingly, declared that- \n(a) sovereignty belongs to the people of Nigeria from whom \ngovernment through this Constitution derives all its powers and \nauthority; \n(b) the security and welfare of the people shall be the primary \npurpose of government; and \n(c) the participation by the people in their government shall be \nensured in accordance with the provisions of this Constitution.\n(3) The composition of the Government of the Federation or any of \nits agencies and the conduct of its affairs shall be carried out in such \na manner as to reflect the federal character of Nigeria and the need \nto promote national unity, and also to command national loyalty, \nthereby ensuring that there shall be no predominance of persons \nfrom a few States or from a few ethnic or other sectional groups in \nthat Government or in any of its agencies.\n \n(4) The composition of the Government of a State, a local \ngovernment council, or any of the agencies of such Government \nor council, and the conduct of the affairs of the Government or \ncouncil or such agencies shall be carried out in such manner as to \nrecognise the diversity of the people within its area of authority and \nthe need to promote a sense of belonging and loyalty among all \nthe peoples of the Federation." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "15", |
| "title": "Political objectives", |
| "content": "(1) The motto of the Federal Republic of Nigeria shall be Unity and \nFaith, Peace and Progress. \n(2) Accordingly, national integration shall be actively encouraged, \nwhilst discrimination on the grounds of place of origin, sex, religion, \nstatus, ethnic or linguistic association or ties shall be prohibited. \n(3) For the purpose of promoting national integration, it shall be the \nduty of the State to-\n(a) provide adequate facilities for and encourage free mobility of \npeople, goods and services throughout the Federation;\n \n(b) secure full residence rights for every citizen in all parts of the \nFederation; \n(c) encourage inter-marriage among persons from different \nplaces of origin, or of different religious, ethnic or linguistic \nassociation or ties; and \n(d) promote or encourage the formation of associations that cut \nacross ethnic, linguistic, religious and or other sectional barriers.\n(4) The State shall foster a feeling of belonging and of involvement \namong the various people of the Federation, to the end that loyalty \nto the nation shall override sectional loyalties. \n(5) The State shall abolish all corrupt practices and abuse of power." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "16", |
| "title": "Economic objectives", |
| "content": "(1) The State shall, within the context of the ideals and objectives \nfor which provisions are made in this Constitution-\n(a) harness the resources of the nation and promote national \nprosperity and an efficient, a dynamic and self-reliant economy; \n(b) control the national economy in such manner as to secure the \nmaximum welfare, freedom and happiness of every citizen on \nthe basis of social justice and equality of status and opportunity; \n(c) without prejudice to its right to operate or participate in areas \nof the economy, other than the major sectors of the economy, \nmanage and operate the major sectors of the economy; \n(d) without prejudice to the right of any person to participate in \nareas of the economy within the major sectors of the economy, \nprotect the right of every citizen to engage in any economic \nactivities outside the major sectors of the economy. \n(2) The State shall direct its policy towards ensuring-\n(a) the promotion of a planned and balanced economic \ndevelopment;\n \n(b) that the material resources of the nation are harnessed and \ndistributed as best as possible to serve the common good; \n(c) that the economic system is not operated in such a manner as \nto permit the concentration of wealth or the means of production \nand exchange in the hands of few individuals or of a group; and \n(d) that suitable and adequate shelter, right to food and food \nsecurity, reasonable national minimum living wage, old age care \nand pensions, and unemployment, sick benefits and welfare of \nthe disabled are provided for all citizens.\n[Section 16(2) is \naltered by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No. 34) \nAct, 2023]\n(3) A body shall be set up by an Act of the National Assembly, which \nshall have power-\n(a) to review, from time to time, the ownership and control \nof business enterprises operating in Nigeria and make \nrecommendations to the President on same; and \n(b) to administer any law for the regulation of the ownership and \ncontrol of such enterprises. \n(4) For the purposes of subsection (1) of this section - \n(a) the reference to the \u201c major sectors of the economy \u201d shall \nbe construed as a reference to such economic activities as may, \nfrom time to time, be declared by a resolution of each House of \nthe National Assembly to be managed and operated exclusively \nby the Government of the Federation; and until a resolution \nto the contrary is made by the National Assembly, economic \nactivities being operated exclusively by the Government of the \nFederation on the date immediately preceding the day when \nthis section comes into force, whether directly or through the \nagencies of a statutory or other corporation or company, shall be \ndeemed to be major sectors of the economy; \n(b) \u201ceconomic activities\u201d includes activities directly concerned \nwith the production, distribution and exchange of wealth or of \ngoods and services; and \n(c) \u201cparticipate\u201d includes the rendering of services and supplying \nof goods. \n16A. Food security\n(1) The State shall direct its policy towards ensuring that \u2013\n(a) strategies that guarantee food security of the nation \nregarding availability, accessibility, and affordability of food to \nthe citizens are initiated, undertaken, and implemented;\n(b) the means of production, conservation and distribution of \nfood are upgraded and improved upon on a continuous basis; \nand\n[Section 16A is \ninserted by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 ((Fifth \nAlteration) (No. 34) \nAct, 2023]\n(c) adequate measures are provided to ensure that food \nsecurity of the nation is not compromised by any individual, \ngroup, or institution.\n \n(2) The State shall promote and sustain activities that enhance \nfood security." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "17", |
| "title": "Social objectives", |
| "content": "(1) The State social order is founded on ideals of Freedom, Equality \nand Justice. \n(2) In furtherance of the social order-\n(a) every citizen shall have equality of rights, obligations and \nopportunities before the law; \n(b) the sanctity of the human person shall be recognised and \nhuman dignity shall be maintained and enhanced; \n(c) governmental actions shall be humane;\n \n(d) exploitation of human or natural resources in any form \nwhatsoever for reasons other than the good of the community, \nshall be prevented; and \n(e) the independence, impartiality and integrity of courts of law, \nand easy accessibility thereto shall be secured and maintained. \n(3) The State shall direct its policy towards ensuring that- \n(a) all citizens, without discrimination on any group whatsoever, \nhave the opportunity for securing adequate means of livelihood \nas well as adequate opportunity to secure suitable employment;\n \n(b) conditions of work are just and humane, and that there are \nadequate facilities for leisure and for social, religious and cultural \nlife; \n(c) the health, safety and welfare of all persons in employment \nare safeguarded and not endangered or abused;\n(d) there are adequate medical and health facilities for all persons;\n \n(e) there is equal pay for equal work without discrimination on \naccount of sex, or on any other ground whatsoever; \n(f) children, young persons and the age are protected against \nany exploitation whatsoever, and against moral and material \nneglect; \n(g) provision is made for public assistance in deserving cases or \nother conditions of need; and \n(h) the evolution and promotion of family life is encouraged." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "18", |
| "title": "Educational objectives", |
| "content": "(1) Government shall direct its policy towards ensuring that there \nare equal and adequate educational opportunities at all levels.\n \n(2) Government shall promote science and technology. \n(3) Government shall strive to eradicate illiteracy; and to this end \nGovernment shall as and when practicable provide- \n(a) free, compulsory and universal primary education; \n(b) free secondary education; \n(c) free university education; and \n(d) free adult literacy programme." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "19", |
| "title": "Foreign policy objectives", |
| "content": "The foreign policy objectives shall be - \n(a) promotion and protection of the national interest; \n(b) promotion of African integration and support for African \nunity; \n(c) promotion of international co-operation for the consolidation \nof universal peace and mutual respect among all nations and \nelimination of discrimination in all its manifestations;\n(d) respect for international law and treaty obligations as \nwell as the seeking of settlement of international disputes \nby negotiation, mediation, conciliation, arbitration and \nadjudication; and \n(e) promotion of a just world economic order." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "20", |
| "title": "Environmental objectives", |
| "content": "The State shall protect and improve the environment and safeguard \nthe water, air and land, forest and wild life of Nigeria." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "21", |
| "title": "Directive on Nigerian cultures", |
| "content": "The State shall - \n(a) protect, preserve and promote the Nigerian cultures \nwhich enhance human dignity and are consistent with the \nfundamental objectives as provided in this Chapter; and \n(b) encourage development of technological and scientific \nstudies which enhance cultural values." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "22", |
| "title": "Obligation of the mass media", |
| "content": "The press, radio, television and other agencies of the mass media \nshall at all times be free to uphold the fundamental objectives \ncontained in this Chapter and uphold the responsibility and \naccountability of the Government to the people." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "23", |
| "title": "National ethics", |
| "content": "The national ethics shall be discipline, integrity, dignity of labour, \nsocial justice, religious tolerance, self-reliance and patriotism." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "24", |
| "title": "Duties of the citizen", |
| "content": "It shall be the duty of every citizen to - \n(a) abide by this Constitution, respect its ideals and its institutions, \nthe National Flag, the National Anthem, the National Pledge, \nand legitimate authorities; \n(b) help to enhance the power, prestige and good name of \nNigeria, defend Nigeria and render such national service as may \nbe required;\n(c) respect the dignity of other citizens and the rights and \nlegitimate interests of others and live in unity and harmony and \nin the spirit of common brotherhood; \n(d) make positive and useful contribution to the advancement, \nprogress and well- being of the community where he resides; \n(e) render assistance to appropriate and lawful agencies in the \nmaintenance of law and order; and \n(f) declare his income honestly to appropriate and lawful agencies \nand pay his tax promptly. \nCHAPTER III\nCitizenship" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "25", |
| "title": "Citizenship by birth", |
| "content": "(1) The following persons are citizens of Nigeria by birth, namely-\n(a) every person born in Nigeria before the date of independence, \neither of whose parents or any of whose grandparents belongs \nor belonged to a community indigenous to Nigeria:\nProvided that a person shall not become a citizen of Nigeria \nby virtue of this section if neither of his parents nor any of his \ngrandparents was born in Nigeria. \n(b) every person born in Nigeria after the date of independence \neither of whose parents or any of whose grandparents is a citizen \nof Nigeria; and \n(c) every person born outside Nigeria either of whose parents is \na citizen of Nigeria.\n \n(2) In this section, \u201cthe date of independence\u201d means the 1st \nday of October 1960." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "26", |
| "title": "Citizenship by registration", |
| "content": "(1) Subject to the provisions of section 28 of this Constitution, \na person to whom the provisions of this section apply may be \nregistered as a citizen of Nigeria, if the President is satisfied that \u2013 \n(a) he is a person of good character; \n(b) he has shown a clear intention of his desire to be domiciled \nin Nigeria; and \n(c) he has taken the Oath of Allegiance prescribed in the Seventh \nSchedule to this Constitution. \n[Seventh Schedule]\n(2) The provisions of this section shall apply to- \n(a) any woman who is or has been married to a citizen of Nigeria; \nor \n(b) every person of full age and capacity born outside Nigeria \nany of whose grandparents is a citizen of Nigeria." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "27", |
| "title": "Citizenship by naturalisation", |
| "content": "(1) Subject to the provisions of section 28 of this Constitution, any \nperson who is qualified in accordance with the provisions of this \nsection may apply to the President for the same of a certificate of \nnaturalisation. \n(2) No person shall be qualified to apply for the grant of a certificate \nor naturalisation, unless he satisfies the President that - \n(a) he is a person of full age and capacity; \n(b) he is a person of good character; \n(c) he has shown a clear intention of his desire to be domiciled \nin Nigeria; \n(d) he is, in the opinion of the Governor of the State where he is \nor he proposes to be resident, acceptable to the local community \nin which he is to live permanently, and has been assimilated into \nthe way of life of Nigerians in that part of the Federation;\n(e) he is a person who has made or is capable of making useful \ncontribution to the advancement, progress and well-being of \nNigeria; \n(f) he has taken the Oath of Allegiance prescribed in the Seventh \nSchedule to this Constitution; and \n[Seventh Schedule]\n(g) he has, immediately preceding the date of his application, \neither- \n(i) resided in Nigeria for a continuous period of fifteen years; or \n(ii) resided in Nigeria continuously for a period of twelve \nmonths, and during the period of twenty years immediately \npreceding that period of twelve months has resided in Nigeria \nfor periods amounting in the aggregate to not less than fifteen \nyears." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "28", |
| "title": "Dual citizenship", |
| "content": "(1) Subject to the other provisions of this section, a person shall \nforfeit forthwith his Nigerian citizenship if, not being a citizen of \nNigeria by birth, he acquires or retains the citizenship or nationality \nof a country, other than Nigeria, of which he is not a citizen by birth.\n \n(2) Any registration of a person as a citizen of Nigeria or the grant of \na certificate of naturalisation to a person who is a citizen of a country \nother than Nigeria at the time of such registration or grant shall, if \nhe is not a citizen by birth of that other country, be conditional upon \neffective renunciation of the citizenship or nationality of that other \ncountry within a period of not more than twelve months from the \ndate of such registration or grant." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "29", |
| "title": "Renunciation of citizenship", |
| "content": "(1) Any citizen of Nigeria of full age who wishes to renounce his \nNigerian citizenship shall make a declaration in the prescribed \nmanner for the renunciation. \n(2) The President shall cause the declaration made under subsection \n(1) of this section to be registered and upon such registration, the\nperson who made the declaration shall cease to be a citizen of \nNigeria. \n(3) The President may withhold the registration of any declaration \nmade under subsection (1) of this section if- \n(a) the declaration is made during any war in which Nigeria is \nphysically involved; or \n(b) in his opinion, it is otherwise contrary to public policy. \n(4) For the purposes of subsection (1) of this section-\n(a) \u201cfull age\u201d means the age of eighteen years and above; \n(b) any woman who is married shall be deemed to be of full age." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "30", |
| "title": "Deprivation of citizenship", |
| "content": "(1) The President may deprive a person, other than a person who is \na citizen of Nigeria by birth or by registration, of his citizenship, if \nhe is satisfied that such a person has, within a period of seven years \nafter becoming naturalised, been sentenced to imprisonment for a \nterm of not less than three years. \n(2) The President shall deprive a person, other than a person who \nis citizen of Nigeria by birth, of his citizenship, if he is satisfied from \nthe records of proceedings of a court of law or other tribunal or \nafter due inquiry in accordance with regulations made by him, that - \n(a) the person has shown himself by act or speech to be disloyal \ntowards the Federal Republic of Nigeria; or \n(b) the person has, during any war in which Nigeria was \nengaged, unlawfully traded with the enemy or been engaged \nin or associated with any business that was in the opinion of the \nPresident carried on in such a manner as to assist the enemy \nof Nigeria in that war, or unlawfully communicated with such \nenemy to the detriment of or with intent to cause damage to the \ninterest of Nigeria." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "31", |
| "title": "Persons deemed to be Nigerian Citizens", |
| "content": "For the purposes of this Chapter, a parent or grandparent of a \nperson shall be deemed to be a citizen of Nigeria if at the time of \nthe birth of that person such parent or grandparent would have \npossessed that status by birth if he had been alive on the date of \nindependence; and in this section, \u201c the date of independence \u201d \nhas the meaning assigned to it in section 25 (2) of this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "32", |
| "title": "Power to make regulations", |
| "content": "(1) The President may make regulations, not inconsistent with this \nChapter, prescribing all matters which are required or permitted to \nbe prescribed or which are necessary or convenient to be prescribed \nfor carrying out or giving effect to the provisions of this Chapter, \nand for granting special immigrant status with full residential rights \nto non-Nigerian spouses of citizens of Nigeria who do not wish to \nacquire Nigerian citizenship. \n(2) Any regulations made by the President pursuant to the provisions \nof this section shall be laid before the National Assembly. \nCHAPTER IV\nFundamental Rights" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "33", |
| "title": "Right to life", |
| "content": "(1) Every person has a right to life, and no one shall be deprived \nintentionally of his life, save in execution of the sentence of a court \nin respect of a criminal offence of which he has been found guilty \nin Nigeria. \n(2) A person shall not be regarded as having been deprived of his \nlife in contravention of this section, if he dies as a result of the use, \nto such extent and in such circumstances as are permitted by law, \nof such force as is reasonably necessary - \n(a) for the defence of any person from unlawful violence or for \nthe defence of property; \n(b) in order to effect a lawful arrest or to prevent the escape of a \nperson lawfully detained; or\n(c) for the purpose of suppressing a riot, insurrection or mutiny." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "34", |
| "title": "Right to dignity of human person", |
| "content": "(1) Every individual is entitled to respect for the dignity of his person, \nand accordingly \u2013 \n(a) no person shall be subject to torture or to inhuman or \ndegrading treatment; \n(b) no person shall be held in slavery or servitude; and \n(c) no person shall be required to perform forced or compulsory \nlabour. \n(2) For the purposes of subsection (1) (c) of this section, \u201cforced or \ncompulsory labour\u201d does not include - \n(a) any labour required in consequence of the sentence or order \nof a court; \n(b) any labour required of members of the armed forces of the \nFederation or the Nigeria Police Force in pursuance of their \nduties as such; \n(c) in the case of persons who have conscientious objections \nto service in the armed forces of the Federation, any labour \nrequired instead of such service; \n(d) any labour required which is reasonably necessary in the \nevent of any emergency or calamity threatening the life or well-\nbeing of the community; or \n(e) any labour or service that forms part of - \n(i) normal communal or other civic obligations of the well- \nbeing of the community, \n(ii) such compulsory national service in the armed forces of the \nFederation as may be prescribed by an Act of the National \nAssembly, or \n(iii) such compulsory national service which forms part of \nthe education and training of citizens of Nigeria as may be \nprescribed by an Act of the National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "35", |
| "title": "Right to personal liberty ", |
| "content": "(1) Every person shall be entitled to his personal liberty and no \nperson shall be deprived of such liberty save in the following cases \nand in accordance with a procedure permitted by law - \n(a) in execution of the sentence or order of a court in respect of \na criminal offence of which he has been found guilty; \n(b) by reason of his failure to comply with the order of a court or \nin order to secure the fulfilment of any obligation imposed upon \nhim by law; \n(c) for the purpose of bringing him before a court in execution \nof the order of a court or upon reasonable suspicion of his \nhaving committed a criminal offence, or to such extent as may \nbe reasonably necessary to prevent his committing a criminal \noffence; \n(d) in the case of a person who has not attained the age of \neighteen years, for the purpose of his education or welfare; \n(e) in the case of persons suffering from infectious or contagious \ndisease, persons of unsound mind, persons addicted to drugs or \nalcohol or vagrants, for the purpose of their care or treatment or \nthe protection of the community; or \n(f) for the purpose of preventing the unlawful entry of any person \ninto Nigeria or of effecting the expulsion, extradition or other \nlawful removal from Nigeria of any person or the taking of \nproceedings relating thereto: \nProvided that a person who is charged with an offence and \nwho has been detained in lawful custody awaiting trial shall not \ncontinue to be kept in such detention for a period longer than \nthe maximum period of imprisonment prescribed for the offence. \n(2) Any person who is arrested or detained shall have the right to \nremain silent or avoid answering any question until after consultation \nwith a legal practitioner or any other person of his own choice.\n(3) Any person who is arrested or detained shall be informed \nin writing within twenty-four hours (and in a language that he \nunderstands) of the facts and grounds for his arrest or detention. \n(4) Any person who is arrested or detained in accordance with \nsubsection (1) (c) of this section shall be brought before a court of \nlaw within a reasonable time, and if he is not tried within a period \nof - \n(a) two months from the date of his arrest or detention in the \ncase of a person who is in custody or is not entitled to bail; or \n(b) three months from the date of his arrest or detention in the \ncase of a person who has been released on bail, \nhe shall (without prejudice to any further proceedings that may be \nbrought against him) be released either unconditionally or upon \nsuch conditions as are reasonably necessary to ensure that he \nappears for trial at a later date. \n(5) In subsection (4) of this section, the expression \u201c a reasonable \ntime\u201d means - \n(a) in the case of an arrest or detention in any place where \nthere is a court of competent jurisdiction within a radius of forty \nkilometres, a period of one day; and \n(b) in any other case, a period of two days or such longer period \nas in the circumstances may be considered by the court to be \nreasonable. \n(6) Any person who is unlawfully arrested or detained shall be \nentitled to compensation and public apology from the appropriate \nauthority or person; and in this subsection, \u201c the appropriate \nauthority or person \u201d means an authority or person specified by \nlaw. \n(7) Nothing in this section shall be construed - \n(a) in relation to subsection (4) of this section, as applying in the \ncase of a person arrested or detained upon reasonable suspicion \nof having committed a capital offence; and\n(b) as invalidating any law by reason only that it authorises the \ndetention for a period not exceeding three months of a member \nof the armed forces of the Federation or a member of the Nigeria \nPolice Force in execution of a sentence imposed by an officer \nof the armed forces of the Federation or of the Nigeria Police \nForce, in respect of an offence punishable by such detention of \nwhich he has been found guilty." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "36", |
| "title": "Right to fair hearing", |
| "content": "(1) In the determination of his civil rights and obligations, including \nany question or determination by or against any government \nor authority, a person shall be entitled to a fair hearing within a \nreasonable time by a court or other tribunal established by law \nand constituted in such manner as to secure its independence and \nimpartiality. \n(2) Without prejudice to the foregoing provisions of this section, a \nlaw shall not be invalidated by reason only that it confers on any \ngovernment or authority power to determine questions arising in \nthe administration of a law that affects or may affect the civil rights \nand obligations of any person if such law - \n(a) provides for an opportunity for the persons whose rights and \nobligations may be affected to make representations to the \nadministering authority before that authority makes the decision \naffecting that person; and \n(b) contains no provision making the determination of the \nadministering authority final and conclusive. \n(3) The proceedings of a court or the proceedings of any tribunal \nrelating to the matters mentioned in subsection (1) of this section \n(including the announcement of the decisions of the court or \ntribunal) shall be held in public. \n(4) Whenever any person is charged with a criminal offence, he \nshall, unless the charge is withdrawn, be entitled to a fair hearing in \npublic within a reasonable time by a court or tribunal:\nProvided that - \n(a) a court or such a tribunal may exclude from its proceedings \npersons other than the parties thereto or their legal practitioners \nin the interest of defence, public safety, public order, public \nmorality, the welfare of persons who have not attained the age \nof eighteen years, the protection of the private lives of the \nparties or to such extent as it may consider necessary by reason \nof special circumstances in which publicity would be contrary to \nthe interests of justice; \n(b) if in any proceedings before a court or such a tribunal, a \nMinister of the Government of the Federation or a Commissioner \nof the Government of a State satisfies the court or tribunal that it \nwould not be in the public interest for any matter to be publicly \ndisclosed, the court or tribunal shall make arrangements for \nevidence relating to that matter to be heard in private and shall \ntake such other action as may be necessary or expedient to \nprevent the disclosure of the matter. \n(5) Every person who is charged with a criminal offence shall be \npresumed to be innocent until he is proved guilty:\nProvided that nothing in this section shall invalidate any law by \nreason only that the law imposes upon any such person the burden \nof proving particular facts. \n(6) Every person who is charged with a criminal offence shall be \nentitled to - \n(a) be informed promptly in the language that he understands \nand in detail of the nature of the offence; \n(b) be given adequate time and facilities for the preparation of \nhis defence; \n(c) defend himself in person or by legal practitioners of his own \nchoice; \n(d) examine, in person or by his legal practitioners, the witnesses \ncalled by the prosecution before any court or tribunal and obtain \nthe attendance and carry out the examination of witnesses to\ntestify on his behalf before the court or tribunal on the same \nconditions as those applying to the witnesses called by the \nprosecution; and \n(e) have, without payment, the assistance of an interpreter if he \ncannot understand the language used at the trial of the offence. \n(7) When any person is tried for any criminal offence, the court or \ntribunal shall keep a record of the proceedings and the accused \nperson or any persons authorised by him in that behalf shall be \nentitled to obtain copies of the judgment in the case within seven \ndays of the conclusion of the case. \n(8) No person shall be held to be guilty of a criminal offence on \naccount of any act or omission that did not, at the time it took \nplace, constitute such an offence, and no penalty shall be imposed \nfor any criminal offence heavier than the penalty in force at the time \nthe offence was committed.\n \n(9) No person who shows that he has been tried by any court of \ncompetent jurisdiction or tribunal for a criminal offence and either \nconvicted or acquitted shall again be tried for that offence or for a \ncriminal offence having the same ingredients as that offence save \nupon the order of a superior court. \n(10) No person who shows that he has been pardoned for a criminal \noffence shall again be tried for that offence. \n(11) No person who is tried for a criminal offence shall be compelled \nto give evidence at the trial. \n(12) Subject as otherwise provided by this Constitution, a person \nshall not be convicted of a criminal offence unless that offence is \ndefined and the penalty therefor is prescribed in a written law; and \nin this subsection, a written law refers to an Act of the National \nAssembly or a Law of a State, any subsidiary legislation or instrument \nunder the provisions of a law." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "37", |
| "title": "Right to private and family life ", |
| "content": "The privacy of citizens, their homes, correspondence, telephone \nconversations and telegraphic communications is hereby \nguaranteed and protected." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "38", |
| "title": "Right to freedom of thought, conscience and religion ", |
| "content": "(1) Every person shall be entitled to freedom of thought, conscience \nand religion, including freedom to change his religion or belief, and \nfreedom (either alone or in community with others, and in public \nor in private) to manifest and propagate his religion or belief in \nworship, teaching, practice and observance. \n(2) No person attending any place of education shall be required \nto receive religious instruction or to take part in or attend any \nreligious ceremony or observance if such instruction, ceremony or \nobservance relates to a religion other than his own, or religion not \napproved by his parent or guardian. \n(3) No religious community or denomination shall be prevented \nfrom providing religious instruction for pupils of that community or \ndenomination in any place of education maintained wholly by that \ncommunity or denomination. \n(4) Nothing in this section shall entitle any person to form, take \npart in the activity or be a member of a secret society." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "39", |
| "title": "Right to freedom of expression and the press ", |
| "content": "(1) Every person shall be entitled to freedom of expression, \nincluding freedom to hold opinions and to receive and impart ideas \nand information without interference. \n(2) Without prejudice to the generality of subsection (1) of this \nsection, every person shall be entitled to own, establish and \noperate any medium for the dissemination of information, ideas \nand opinions: \nProvided that no person, other than the Government of the \nFederation or of a State or any other person or body authorised by \nthe President on the fulfilment of conditions laid down by an Act of \nthe National Assembly, shall own, establish or operate a television \nor wireless broadcasting station for, any purpose whatsoever.\n(3) Nothing in this section shall invalidate any law that is reasonably \njustifiable in a democratic society - \n(a) for the purpose of preventing the disclosure of information \nreceived in confidence, maintaining the authority and \nindependence of courts or regulating telephony, wireless \nbroadcasting, television or the exhibition of cinematograph \nfilms; or \n(b) imposing restrictions upon persons holding office under \nthe Government of the Federation or of a State, members of \nthe armed forces of the Federation or members of the Nigeria \nPolice Force or other Government security services or agencies \nestablished by law." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "40", |
| "title": "Right to peaceful assembly and association ", |
| "content": "Every person shall be entitled to assemble freely and associate \nwith other persons, and in particular he may form or belong to \nany political party, trade union or any other association for the \nprotection of his interests: \nProvided that the provisions of this section shall not derogate from \nthe powers conferred by this Constitution on the Independent \nNational Electoral Commission with respect to political parties to \nwhich that Commission does not accord recognition." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "41", |
| "title": "Right to freedom of movement ", |
| "content": "(1) Every citizen of Nigeria is entitled to move freely throughout \nNigeria and to reside in any part thereof, and no citizen of Nigeria \nshall be expelled from Nigeria or refused entry thereby or exit \ntherefrom. \n(2) Nothing in subsection (1) of this section shall invalidate any law \nthat is reasonably justifiable in a democratic society- \n(a) imposing restrictions on the residence or movement of any \nperson who has committed or is reasonably suspected to have \ncommitted a criminal offence in order to prevent him from \nleaving Nigeria; or\n(b) providing for the removal of any person from Nigeria to any \nother country to - \n(i) be tried outside Nigeria for any criminal offence; or \n(ii) undergo imprisonment outside Nigeria in execution of the \nsentence of a court of law in respect of a criminal offence of \nwhich he has been found guilty: \nProvided that there is reciprocal agreement between Nigeria and \nsuch other country in relation to such matter." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "42", |
| "title": "Right to freedom from discrimination ", |
| "content": "(1) A citizen of Nigeria of a particular community, ethnic group, \nplace of origin, sex, religion or political opinion shall not, by reason \nonly that he is such a person - \n(a) be subjected either expressly by, or in the practical application \nof, any law in force in Nigeria or any executive or administrative \naction of the Government, to disabilities or restrictions to which \ncitizens of Nigeria of other communities, ethnic groups, places of \norigin, sex, religions or political opinions are not made subject; \nor \n(b) be accorded either expressly by, or in the practical \napplication of, any law in force in Nigeria or any such executive \nor administrative action, any privilege or advantage that is not \naccorded to citizens of Nigeria of other communities, ethnic \ngroups, places of origin, sex, religions or political opinions. \n(2) No citizen of Nigeria shall be subjected to any disability or \ndeprivation merely by reason of the circumstances of his birth. \n(3) Nothing in subsection (1) of this section shall invalidate any law \nby reason only that the law imposes restrictions with respect to \nthe appointment of any person to any office under the State or \nas a member of the armed forces of the Federation or member \nof the Nigeria Police Force or to an office in the service of a body \ncorporate established directly by any law in force in Nigeria." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "43", |
| "title": "Right to acquire and own immovable property anywhere in ", |
| "content": "Nigeria\nSubject to the provisions of this Constitution, every citizen of \nNigeria shall have the right to acquire and own immovable property \nanywhere in Nigeria." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "44", |
| "title": "Compulsory acquisition of property ", |
| "content": "(1) No moveable property or any interest in an immovable property \nshall be taken possession of compulsorily and no right over or \ninterest in any such property shall be acquired compulsorily in \nany part of Nigeria except in the manner and for the purposes \nprescribed by a law that, among other things - \n(a) requires the prompt payment of compensation therefor; and \n(b) gives to any person claiming such compensation a right of \naccess for the determination of his interest in the property and \nthe amount of compensation to a court of law or tribunal or body \nhaving jurisdiction in that part of Nigeria. \n(2) Nothing in subsection (1) of this section shall be construed as \naffecting any general law-\n(a) for the imposition or enforcement of any tax, rate or duty; \n(b) for the imposition of penalties or forfeiture for breach of \nany law, whether under civil process or after conviction for an \noffence; \n(c) relating to leases, tenancies, mortgages, charges, bills of sale \nor any other rights or obligations arising out of contracts; \n(d) relating to the vesting and administration of property of \npersons adjudged or otherwise declared bankrupt or insolvent, of \npersons of unsound mind or deceased persons, and of corporate \nor unincorporate bodies in the course of being wound-up; \n(e) relating to the execution of judgments or orders of court; \n(f) providing for the taking of possession of property that is in a \ndangerous state or is injurious to the health of human beings, \nplants or animals;\n(g) relating to enemy property;\n \n(h) relating to trusts and trustees; \n(i) relating to limitation of actions; \n(j) relating to property vested in bodies corporate directly \nestablished by any law in force in Nigeria; \n(k) relating to the temporary taking of possession of property for \nthe purpose of any examination, investigation or enquiry; \n(l) providing for the carrying out of work on land for the purpose \nof soil-conservation; or \n(m) subject to prompt payment of compensation for damage to \nbuildings, economic trees or crops, providing for any authority or \nperson to enter, survey or dig any land, or to lay, install or erect \npoles, cables, wires, pipes, or other conductors or structures \non any land, in order to provide or maintain the supply or \ndistribution of energy, fuel, water, sewage, telecommunication \nservices or other public facilities or public utilities. \n(3) Notwithstanding the foregoing provisions of this section, the \nentire property in and control of all minerals, mineral oils and natural \ngas in, under or upon any land in Nigeria or in, under or upon the \nterritorial waters and the Exclusive Economic Zone of Nigeria shall \nvest in the Government of the Federation and shall be managed in \nsuch manner as may be prescribed by the National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "45", |
| "title": "Restriction on and derogation from fundamental rights ", |
| "content": "(1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution \nshall invalidate any law that is reasonably justifiable in a democratic \nsociety -\n(a) in the interest of defence, public safety, public order, public \nmorality or public health; or \n(b) for the purpose of protecting the rights and freedom of other \npersons.\n(2) An Act of the National Assembly shall not be invalidated by \nreason only that it provides for the taking, during periods of \nemergency, of measures that derogate from the provisions of \nsection 33 or 35 of this Constitution; but no such measures shall be \ntaken in pursuance of any such Act during any period of emergency \nsave to the extent that those measures are reasonably justifiable \nfor the purpose of dealing with the situation that exists during that \nperiod of emergency: \nProvided that nothing in this section shall authorise any derogation \nfrom the provisions of section 33 of this Constitution, except \nin respect of death resulting from acts of war or authorise any \nderogation from the provisions of section 36(8) of this Constitution. \n(3) In this section, a \u201c period of emergency \u201d means any period \nduring which there is in force a proclamation of a state of emergency \ndeclared by the President in exercise of the powers conferred on \nhim under section 305 of this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "46", |
| "title": "Special jurisdiction of High Court and legal aid ", |
| "content": "(1) Any person who alleges that any of the provisions of this Chapter \nhas been, is being or likely to be contravened in any State in relation \nto him, may apply to a High Court in that State for redress. \n(2) Subject to the provisions of this Constitution, a High Court shall \nhave original jurisdiction to hear and determine any application \nmade to it in pursuance of the provisions of this section and may \nmake such orders, issue such writs and give such directions as it \nmay consider appropriate for the purpose of enforcing or securing \nthe enforcement within that State of any right to which the person \nwho makes the application may be entitled under this Chapter. \n(3) The Chief Justice of Nigeria may make rules with respect to the \npractice and procedure of a High Court for the purposes of this \nsection. \n(4) The National Assembly - \n(a) may confer upon a High Court such powers in addition to \nthose conferred by this section as may appear to the National\nAssembly to be necessary or desirable for the purpose of \nenabling the court more effectively to exercise the jurisdiction \nconferred upon it by this section; and \n(b) shall make provisions- \n(i) for the rendering of financial assistance to any indigent \ncitizen of Nigeria where his right under this Chapter has been \ninfringed or with a view to enabling him to engage the services \nof a legal practitioner to prosecute his claim, and \n(ii) for ensuring that allegations of infringement of such rights \nare substantial and the requirement or need for financial or \nlegal aid is real. \nCHAPTER V\nThe Legislature\nPART I\nNational Assembly\nA - Composition and Staff of National Assembly" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "47", |
| "title": "Establishment of the National Assembly ", |
| "content": "There shall be a National Assembly for the Federation which shall \nconsist of a Senate and a House of Representatives." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "48", |
| "title": "Composition of the Senate ", |
| "content": "The Senate shall consist of three Senators from each State and one \nfrom the Federal Capital Territory, Abuja." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "49", |
| "title": "Composition of the House of Representatives", |
| "content": "Subject to the provisions of this Constitution, the House of \nRepresentatives shall consist of three hundred and sixty members \nrepresenting constituencies of nearly equal population as far as \npossible, provided that no constituency shall fall within more than \none State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "50", |
| "title": "President of the Senate and Speaker of the House of ", |
| "content": "Representatives\n(1) There shall be - \n(a) a President and a Deputy President of the Senate, who shall be \nelected by the members of that House from among themselves; \nand \n(b) a Speaker and a Deputy Speaker of the House of \nRepresentatives, who shall be elected by the members of that \nHouse from among themselves.\n(2) The President or Deputy President of the Senate or the Speaker \nor Deputy Speaker of the House of Representatives shall vacate his \noffice - \n(a) if he ceases to be a member of the Senate or of the House of \nRepresentatives, as the case may be, otherwise than by reason \nof a dissolution of the Senate or the House of Representatives; \nor \n(b) when the House of which he was a member first sits after any \ndissolution of that House; or \n(c) if he is removed from office by a resolution of the Senate or \nof the House of Representatives, as the case may be, by the \nvotes of not less than two-thirds majority of the members of that \nHouse." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "51", |
| "title": "Staff of the National Assembly ", |
| "content": "There shall be a Clerk to the National Assembly and such other staff \nas may be prescribed by an Act of the National Assembly, and the \nmethod of appointment of the Clerk and other staff of the National \nAssembly shall be as prescribed by that Act. \nB - Procedure for Summoning and Dissolution of National \nAssembly" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "52", |
| "title": "Declaration of assets and liabilities; oaths of members ", |
| "content": "(1) Every member of the Senate or the House of Representatives \nshall, before taking his seat, declare his assets and liabilities as\nprescribed in this Constitution and subsequently take and subscribe \nthe Oath of Allegiance and the oath of membership as prescribed \nin the Seventh Schedule to this Constitution before the President \nof the Senate or, as the case may be, the Speaker of the House of \nRepresentatives, but a member may before taking the oaths take \npart in the election of a President and a Deputy President of the \nSenate, as the case may be, or a Speaker and a Deputy Speaker of \nthe House of Representatives. \n[Seventh Schedule]\n(2) The President and Deputy President of the Senate and the \nSpeaker and the Deputy Speaker of the House of Representatives \nshall declare their assets and liabilities as prescribed in this \nConstitution and subsequently take and subscribe the Oath of \nAllegiance and the oath of membership prescribed as aforesaid \nbefore the Clerk of the National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "53", |
| "title": "Presiding at sittings of the National Assembly and at joint ", |
| "content": "sittings\n(1) At any sitting of the National Assembly - \n(a) in the case of the Senate, the President of the Senate shall \npreside, and in his absence the Deputy President shall preside; \nand \n(b) in the case of the House of Representatives, the Speaker of \nthat House shall preside, and in his absence the Deputy Speaker \nshall preside. \n(2) At any joint sitting of the Senate and House of Representatives - \n(a) the President of Senate shall preside, and in his absence the \nSpeaker of the House of Representatives shall preside; and \n(b) in the absence of the persons mentioned in paragraph (a) \nof this subsection, the Deputy President of the Senate shall \npreside, and in his absence the Deputy Speaker of the House of \nRepresentatives shall preside. \n(3) In the absence of the persons mentioned in the foregoing\nprovisions of this section, such member of the Senate or the House \nof Representatives or of the joint sitting, as the case may be, as \nthe Senate or the House of Representatives or the joint sitting may \nelect for that purpose shall preside." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "54", |
| "title": "Quorum", |
| "content": "(1) The quorum of the Senate or of the House of Representatives \nshall be one-third of all the members of the legislative house \nconcerned. \n(1A) For the purpose of the inaugural and first sitting of the Senate \nor the House of Representatives, the quorum shall be at least two-\nthirds of all the members\u2013elect of either the Senate or the House \nof Representatives.\n(2) The quorum of a joint sitting of both the Senate or of the House \nof Representatives shall be one-third of all the members of both \nHouses. \n(3) If objection is taken by any member of the Senate or of the \nHouse of Representatives present that there are present in the \nHouse of which he is a member (besides the person presiding) \nfewer than one-third of all the members of that House and that \nit is not competent for the House to transact business, and after \nsuch interval as may be prescribed in the rules of procedure of the \nHouse, the person presiding ascertains that the number of members \npresent is still less than one-third of all the members of the House, \nhe shall adjourn the House. \n(4) The foregoing provisions of this section shall apply in relation to \na joint sitting of both Houses of the National Assembly as they apply \nin relation to a House of the National Assembly as if references to \nthe Senate or the House of Representatives and to a member of \neither Houses are references to both Houses and to any member of \nthe National Assembly, respectively." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "55", |
| "title": "Languages", |
| "content": "The business of the National Assembly shall be conducted in English, \nand in Hausa, Igbo and Yoruba when adequate arrangements have \nbeen made therefor. \n[Section 54 (1A) \nis inserted by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No. 8) Act, \n2023]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "56", |
| "title": "Voting", |
| "content": "(1) Except as otherwise provided by this Constitution, any question \nproposed for decision in the Senate or the House of Representatives \nshall be determined by the required majority or the members \npresent and voting; and the person presiding shall cast a vote \nwhenever necessary to avoid an equality of votes but shall not vote \nin any other case. \n(2) Except as otherwise provided by this Constitution, the required \nmajority for the purpose of determining any question shall be a \nsimple majority. \n(3) The Senate or the House of Representatives shall by its rules \nprovide - \n(a) that a member of the House shall declare any direct pecuniary \ninterest he may have in any matter coming before the House for \ndeliberation; \n(b) that the House may by resolution decide whether or not such \nmember may vote, or participate in its deliberations, on such \nmatter; \n(c) the penalty, if any, which the House may impose for failure to \ndeclare any direct pecuniary interest such member may have; \nand \n(d) for such other matters pertaining to the foregoing as the \nHouse may think necessary, \nbut nothing in the foregoing provisions shall enable any rules to \nbe made to require any member, who signifies his intention not to \nvote on or participate in such matter, and who does not so vote or \nparticipate, to declare any such interest." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "57", |
| "title": "Unqualified\tperson\tsitting\tor\tvoting\t", |
| "content": "Any person who sits or votes in the Senate or the House of \nRepresentatives knowing or having reasonable grounds for knowing \nthat he is not entitled to do so, commits an offence and is liable on \nconviction to such punishment as shall be prescribed by an Act of \nthe National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "58", |
| "title": "Mode of exercising Federal legislative power: general ", |
| "content": "(1) The power of the National Assembly to make laws shall be \nexercised by bills passed by both the Senate and the House of \nRepresentatives and, except as otherwise provided by subsection \n(5) of this section, assented to by the President. \n(2) A bill may originate in either the Senate or the House of \nRepresentatives and shall not become law unless it has been passed \nand, except as otherwise provided by this section and section 59 \nof this Constitution, assented to in accordance with the provisions \nof this section. \n(3) Where a bill has been passed by the House in which it originated, \nit shall be sent to the other House, and it shall be presented to the \nPresident for assent when it has been passed by that other House \nand agreement has been reached between the two Houses on any \namendment made on it. \n(4) Where a bill is presented to the President for assent, he shall \nwithin thirty days thereof signify that he assents or that he withholds \nassent. \n(5) Where the President withholds his assent and the bill is again \npassed by each House by two-thirds majority, the bill shall become \nlaw and the assent of the President shall not be required." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "59", |
| "title": "Mode of exercising Federal legislative power: money bills", |
| "content": "(1) The provisions of this section shall apply to- \n(a) an appropriation bill or a supplementary appropriation bill, \nincluding any other bill for the payment, issue or withdrawal \nfrom the Consolidated Revenue Fund or any other public fund of \nthe Federation of any money charged thereon or any alteration \nin the amount of such a payment, issue or withdrawal; and \n(b) a bill for the imposition of or increase in any tax, duty or fee \nor any reduction, withdrawal or cancellation thereof. \n(2) Where a bill to which this section applies is passed by one of the \nHouses of the National Assembly but is not passed by the other \nHouse within a period of two months from the commencement of\na financial year, the President of the Senate shall within fourteen \ndays thereafter arrange for and convene a meeting of the joint \nfinance committee to examine the bill with a view to resolving the \ndifferences between the two Houses. \n(3) Where the joint finance committee fails to resolve such differences, \nthen the bill shall be presented to the National Assembly sitting at \na joint meeting, and if the bill is passed at such joint meeting, it \nshall be presented to the President for assent. \n(4) Where the President, within thirty days after the presentation \nof the bill to him, fails to signify his assent or where he withholds \nassent, then the bill shall again be presented to the National \nAssembly sitting at a joint meeting, and if passed by two- thirds \nmajority of members of both Houses at such joint meeting, the \nbill shall become law and the assent of the President shall not be \nrequired. \n(5) In this section, \u201c joint\t finance\t committee\u201d refers to the joint \ncommittee of the National Assembly on finance established \npursuant to section 62(3) of this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "60", |
| "title": "Regulation of procedure ", |
| "content": "Subject to the provisions of this Constitution, the Senate or the \nHouse of Representatives shall have power to regulate its own \nprocedure, including the procedure for summoning and recess of \nthe House." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "61", |
| "title": "Vacancy or participation of strangers not to invalidate ", |
| "content": "proceedings \nThe Senate or the House of Representatives may act notwithstanding \nany vacancy in its membership, and the presence or participation \nof any person not entitled to be present at or to participate in the \nproceedings of the House shall not invalidate those proceedings." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "62", |
| "title": "Committees", |
| "content": "(1) The Senate or the House of Representatives may appoint a \ncommittee of its members for such special or general purpose as \nin its opinion would be better regulated and managed by means of\nsuch a committee, and may by resolution, regulation or otherwise, \nas it thinks fit, delegate any functions exercisable by it to any such \ncommittee.\n \n(2) The number of members of a committee appointed under this \nsection, their terms of office and quorum shall be fixed by the \nHouse appointing it. \n(3) The Senate and the House of Representatives shall appoint \na joint committee on finance consisting of an equal number of \npersons appointed by each House and may appoint any other joint \ncommittee under the provisions of this section. \n(4) Nothing in this section shall be construed as authorising such \nHouse to delegate to a committee the power to decide whether \na bill shall be passed into law or to determine any matter which it \nis empowered to determine by resolution under the provisions of \nthis Constitution, but the committee may be authorised to make \nrecommendations to the House on any such matter." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "63", |
| "title": "Sittings", |
| "content": "The Senate and the House of Representatives shall each sit for a \nperiod of not less than one hundred and eighty-one days in a year." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "64", |
| "title": "Dissolution and issue of proclamations by President ", |
| "content": "(1) The Senate and the House of Representatives shall each stand \ndissolved at the expiration of a period of four years commencing \nfrom the date of the first sitting of the House. \n(2) If the Federation is at war in which the territory of Nigeria is \nphysically involved and the President considers that it is not \npracticable to hold elections, the National Assembly may by \nresolution extend the period of four years mentioned in subsection \n(1) of this section from time to time but not beyond a period of six \nmonths at any one time. \n(3) Subject to the provisions of this Constitution, the person elected \nas the President shall have power to issue a proclamation for the \nholding of the first session of the National Assembly immediately\nafter his being sworn in, or for its dissolution as provided in this \nsection. \nC - Qualifications for Membership of National Assembly and Right \nof Attendance" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "65", |
| "title": "Qualifications\tfor\telection", |
| "content": "(1) Subject to the provisions of section 66 of this Constitution, a \nperson shall be qualified for election as a member of -\n(a) the Senate, if he is a citizen of Nigeria and has attained the \nage of thirty-five years; and\n(b) the House of Representatives, if he is a citizen of Nigeria and \nhas attained the age of twenty-five years;\n(2) A person shall be qualified for election under subsection (1) of \nthis section if -\n(a) he has been educated up to at least School Certificate level \nor its equivalent; and \n(b) he is a member of a political party and is sponsored by that \nparty." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "66", |
| "title": "Disqualifications", |
| "content": "(1) No person shall be qualified for election to the Senate or the \nHouse of Representatives if- \n(a) subject to the provisions of section 28 of this Constitution, he \nhas voluntarily acquired the citizenship of a country other than \nNigeria or, except in such cases as may be prescribed by the \nNational Assembly, has made a declaration of allegiance to such \na country; \n(b) under any law in force in any part of Nigeria, he is adjudged \nto be a lunatic or otherwise declared to be of unsound mind; \n(c) he is under a sentence of death imposed on him by any \ncompetent court of law or tribunal in Nigeria or a sentence of \nimprisonment or fine for an offence involving dishonesty or \nfraud (by whatever name called) or any other sentence imposed \n[Section 65(1)\n(b) is altered by \nConstitution of the \nFederal Republic \nof Nigeria, 1999 \n(Fourth Alteration \nNo.27) Act 2017]\non him by such a court or tribunal or substituted by a competent \nauthority for any other sentence imposed on him by such a court;\n \n(d) within a period of less than ten years before the date of \nan election to a legislative house, he has been convicted and \nsentenced for an offence involving dishonesty or he has been \nfound guilty of a contravention of the Code of Conduct; \n(e) he is an undischarged bankrupt, having been adjudged or \notherwise declared bankrupt under any law in force in any part \nof Nigeria; \n(f) he is a person employed in the public service of the Federation \nor of any State and has not resigned, withdrawn or retired from \nsuch employment thirty days before the date of election; \n(g) he is a member of a secret society; \n(h) he has been indicted for embezzlement or fraud by a Judicial \nCommission of Inquiry or an Administrative Panel of Inquiry or a \nTribunal set up under the Tribunals of Inquiry Act, a Tribunals of \nInquiry Law or any other law by the Federal or State Government \nwhich indictment has been accepted by the Federal or State \nGovernments respectively; or\n(i) he has presented a forged certificate to the Independent \nNational Electoral Commission. \n(2) Where in respect of any person who has been- \n(a) adjudged to be a lunatic; \n(b) declared to be of unsound mind;\n \n(c) sentenced to death or imprisonment; or \n(d) adjudged or declared bankrupt, \nany appeal against the decision is pending in any court of law in \naccordance with any law in force in Nigeria, subsection (1) of the \nsection shall not apply during a period beginning from the date \n[Section 66(1)(h) \nis deleted by the \nConstitution of Federal \nRepublic of Nigeria \n(First Alteration Act) \n2010]\nwhen such appeal is lodged and ending on the date when the \nappeal is finally determined or, as the case may be, the appeal \nlapses or is abandoned, whichever is earlier. \n(3) For the purposes of subsection (2) of this section \u201c appeal\u201d \nincludes any application for an injunction or an order certiorari, \nmandamus, prohibition or habeas corpus, or any appeal from any \nsuch application." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "67", |
| "title": "Right of attendance of President ", |
| "content": "(1) The President may attend any joint meeting of the National \nAssembly or any meeting of either House of the National Assembly, \neither to deliver an address on national affairs including fiscal \nmeasures, or to make such statement on the policy of government \nas he considers to be of national importance. \n(2) A Minister of the Government of the Federation shall attend \neither House of the National Assembly if invited to explain to the \nHouse the conduct of his Ministry, and in particular when the affairs \nof that Ministry are under discussion. \n(3) Nothing in this section shall enable any person who is not a \nmember of the Senate or of the House of Representatives to vote \nin that House or in any of its committees." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "68", |
| "title": "Tenure of seat of members ", |
| "content": "(1) A member of the Senate or of the House of Representatives shall \nvacate his seat in the House of which he is a member if - \n(a) he becomes a member of another legislative house;\n(b) any other circumstances arise that, if he were not a member \nof the Senate or the House of Representatives, would cause him \nto be disqualified for election as a member; \n(c) he ceases to be a citizen of Nigeria; \n(d) he becomes President, Vice-President, Governor, Deputy \nGovernor or a Minister of the Government of the Federation \nor a Commissioner of the Government of a State or a Special \nAdviser.\n(e) save as otherwise prescribed by this Constitution, he becomes \na member of a commission or other body established by this \nConstitution or by any other law;\n(f) without just cause he is absent from meetings of the House of \nwhich he is a member for a period amounting in the aggregate \nto more than one-third of the total number of days during which \nthe House meets in any one year; \n(g) being a person whose election to the House was sponsored \nby a political party, he becomes a member of another political \nparty before the expiration of the period for which that House \nwas elected; \nProvided that his membership of the latter political party is not \nas a result of a division in the political party of which he was \npreviously a member or of a merger of two or more political \nparties or factions by one of which he was previously sponsored; \nor \n(h) the President of the Senate or, as the case may be, the \nSpeaker of the House of Representatives receives a certificate \nunder the hand of the Chairman of the Independent National \nElectoral Commission stating that the provisions of section 69 \nof this Constitution have been complied with in respect of the \nrecall of that member. \n(2) The President of the Senate or the Speaker of the House of \nRepresentatives, as the case may be, shall give effect to the provisions \nof subsection (1) of this section, so however that the President of \nthe Senate or the Speaker of the House of Representatives or a \nmember shall first present evidence satisfactory to the House \nconcerned that any of the provisions of that subsection has become \napplicable in respect of that member. \n(3) A member of the Senate or of the House of Representatives shall \nbe deemed to be absent without just cause from a meeting of the \nHouse of which he is a member, unless the person presiding certifies \nin writing that he is satisfied that the absence of the member from \nthe meeting was for a just cause." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "69", |
| "title": "Recall", |
| "content": "A member of the Senate or of the House Representatives may be \nrecalled as such a member if - \n(a) there is presented to the Chairman of the Independent \nNational Electoral Commission a petition in that behalf signed \nby more than one-half of the persons registered to vote in \nthat member\u2019s constituency alleging their loss of confidence \nin that member and which signatures are duly verified by the \nIndependent National Electoral Commission; and \n(b) the petition is thereafter, in a referendum conducted by the \nIndependent National Electoral Commission within ninety days \nof the date of receipt of the petition, approved by a simple \nmajority of the votes of the persons registered to vote in that \nmember\u2019s constituency." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "70", |
| "title": "Remuneration", |
| "content": "A member of the Senate or of the House of Representatives shall \nreceive such salary and other allowances as Revenue Mobilisation \nAllocation and Fiscal Commission may determine.\n \nD - Elections to National Assembly" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "71", |
| "title": "Senatorial districts and Federal constituencies ", |
| "content": "Subject to the provisions of section 72 of this Constitution, the \nIndependent National Electoral Commission shall - \n(a) divide each State of the Federation into three Senatorial \ndistricts for purposes of elections to the Senate; and \n(b) subject to the provisions of section 49 of this Constitution, \ndivide the Federation into three hundred and sixty Federal \nconstituencies for purposes of elections to the House of \nRepresentatives." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "72", |
| "title": "Size of Senatorial districts and Federal constituencies ", |
| "content": "No Senatorial district or Federal constituency shall fall within more \nthan one State, and the boundaries of each district or constituency \nshall be as contiguous as possible and be such that the number of \ninhabitants thereof is as nearly equal to the population quota as is \nreasonably practicable. \n[Section 69(a) \nis altered by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (First \nAlteration Act) 2010]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "73", |
| "title": "Periodical review of Senatorial districts and Federal ", |
| "content": "constituencies \n(1) The Independent National Electoral Commission shall review \nthe division of States and of the Federation into Senatorial districts \nand Federal constituencies at intervals of not less than ten years, \nand may alter the districts or constituencies in accordance with the \nprovisions of this section to such extent as it may consider desirable \nin the light of the review. \n(2) Notwithstanding subsection (1) of this section, the Independent \nNational Electoral Commission may at any time carry out such a \nreview and alter the districts or constituencies in accordance with \nthe provisions of this section to such extent as it considers necessary, \nin consequence of any amendment to section 3 of this Constitution \nor any provision replacing that section, or by reason of the holding \nof a census of the population, or pursuant to an Act of the National \nAssembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "74", |
| "title": "Time when alteration of Senatorial districts or Federal ", |
| "content": "constituencies takes effect \nWhere the boundaries of any Senatorial district or Federal \nconstituency established under section 71 of this Constitution are \naltered in accordance with the provisions of section 73 hereof, the \nalteration shall come into effect after it has been approved by each \nHouse of the National Assembly and after the current life of the \nSenate (in the case of an alteration to the boundaries of a Senatorial \ndistrict) or the House of Representatives (in the case of an alteration \nto the boundaries of a Federal constituency)." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "75", |
| "title": "Ascertainment of population ", |
| "content": "For the purposes of section 72 of this Constitution, the number of \ninhabitants of Nigeria or any part thereof shall be ascertained by \nreference to the 1991 census of the population of Nigeria or the \nlatest census held in pursuance of an Act of the National Assembly \nafter the coming into force of the provisions of this Part of this \nChapter of this Constitution. \n[Section 75 is altered \nby Constitution of the \nFederal Republic of \nNigeria, 1999 (First \nAlteration Act) 2010]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "76", |
| "title": "Time of election to the National Assembly ", |
| "content": "(1) Elections to each House of the National Assembly shall be held \non a date to be appointed by the Independent National Electoral \nCommission in accordance with the Electoral Act. \n(2) The date mentioned in subsection (1) of this section shall not be \nearlier than one hundred and fifty days and not later than thirty days \nbefore the date on which the House stands dissolved, or where the \nelection is to fill a vacancy occurring more than ninety days before \nsuch date; not later than thirty days after the vacancy occurred." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "77", |
| "title": "Direct election and franchise ", |
| "content": "(1) Subject to the provisions of this Constitution, every Senatorial \ndistrict or Federal constituency established in accordance with \nthe provisions of this Part of this Chapter shall return one member \nwho shall be directly elected to the Senate or the House of \nRepresentatives in such manner as may be prescribed by an Act of \nthe National Assembly.\n \n(2) Every citizen of Nigeria, who has attained the age of eighteen \nyears, residing in Nigeria at the time of the registration of voters for \npurposes of election to a legislative house, shall be entitled to be \nregistered as a voter for that election." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "78", |
| "title": "Supervision of election ", |
| "content": "The registration of voters and the conduct of elections shall be \nsubject to the direction and supervision of the Independent \nNational Electoral Commission." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "79", |
| "title": "Power of the National Assembly as to determination of ", |
| "content": "certain questions \nThe National Assembly shall make provisions as respects - \n(a) persons who may apply to an election tribunal for determination \nof any question as to whether - \n(i) any person has been validly elected as a member of the Senate \nor of the House of Representatives, \n(ii) the term of office of any person has ceased, or \n(iii) the seat in the Senate or in the House of Representatives of \na member of that House has become vacant; \n[Section 76(1) is altered \nby Constitution of the \nFederal Republic of \nNigeria, 1999 (First \nAlteration Act) 2010]\n[Section 76(2) is altered \nby Constitution of the \nFederal Republic of \nNigeria, 1999 (Second \nAlteration Act) 2010]\n(b) circumstances and manner in which, and the conditions upon \nwhich, such application may be made; and\n \n(c) powers, practice and procedure of the election tribunal in \nrelation to any such application. \nE - Powers and Control over Public Funds" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "80", |
| "title": "Establishment of Consolidated Revenue Fund ", |
| "content": "(1) All revenues or other moneys raised or received by the \nFederation (not being revenues or other moneys payable under \nthis Constitution or any Act of the National Assembly into any other \npublic fund of the Federation established for a specific purpose) \nshall be paid into and form one Consolidated Revenue Fund of the \nFederation. \n(2) No moneys shall be withdrawn from the Consolidated Revenue \nFund of the Federation except to meet expenditure that is \ncharged upon the fund by this Constitution or where the issue \nof those moneys has been authorised by an Appropriation Act, \nSupplementary Appropriation Act or an Act passed in pursuance of \nsection 81 of this Constitution. \n(3) No moneys shall be withdrawn from any public fund of the \nFederation, other than the Consolidated Revenue Fund of the \nFederation, unless the issue of those moneys has been authorised \nby an Act of the National Assembly. \n(4) No moneys shall be withdrawn from the Consolidated Revenue \nFund or any other public fund of the Federation, except in the \nmanner prescribed by the National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "81", |
| "title": "Authorisation of expenditure from Consolidated Revenue ", |
| "content": "Fund \n(1) The President shall cause to be prepared and laid before each \nHouse of the National Assembly at any time in each financial year \nestimates of the revenues and expenditure of the Federation for \nthe next following financial year.\n(2) The heads of expenditure contained in the estimates (other than \nexpenditure charged upon the Consolidated Revenue Fund of the \nFederation by this Constitution) shall be included in a bill, to be \nknown as an Appropriation Bill, providing for the issue from the \nConsolidated Revenue Fund of the sums necessary to meet that \nexpenditure and the appropriation of those sums for the purposes \nspecified therein. \n(3) The amount standing to the credit of the \u2013\n(a) Independent National Electoral Commission,\n(b) National Assembly, and\n(c) Judiciary,\nin the Consolidated Revenue Fund of the Federation shall be paid \ndirectly to the said bodies respectively; in the case of the Judiciary, \nsuch amount shall be paid to the National Judicial Council for \ndisbursement to the heads of the courts established for the \nFederation and the States under section 6 of this Constitution. \n \n(4) If in respect of any financial year it is found that - \n(a) the amount appropriated by the Appropriation Act for any \npurpose is insufficient; or \n(b) a need has arisen for expenditure for a purpose for which no \namount has been appropriated by the Act, \na supplementary estimate showing the sums required shall be \nlaid before each House of the National Assembly and the heads \nof any such expenditure shall be included in a Supplementary \nAppropriation Bill." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "82", |
| "title": "Authorisation of expenditure in default appropriations ", |
| "content": "If the Appropriation Bill in respect of any financial year has not been \npassed into law by the beginning of the financial year, the President \nmay authorise the withdrawal of moneys in the Consolidated \nRevenue Fund of the Federation for the purpose of meeting \nexpenditure necessary to carry on the services of the Government \nof the Federation for a period not exceeding six months or until the \ncoming into operation of the Appropriation Act, whichever is the \nearlier: \n[Section 81(3) is \nsubstituted by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (First \nAlteration Act) 2010]\nProvided that the withdrawal in respect of any such period shall \nnot exceed the amount authorised to be withdrawn from the \nConsolidated Revenue Fund of the Federation under the provisions \nof the Appropriation Act passed by the National Assembly for the \ncorresponding period in the immediately preceding financial year, \nbeing an amount proportionate to the total amount so authorised \nfor the immediately preceding financial year." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "83", |
| "title": "Contingencies Fund ", |
| "content": "(1) The National Assembly may by law make provisions for the \nestablishment of a Contingencies Fund for the Federation and for \nauthorising the President, if satisfied that there has arisen an urgent \nand unforeseen need for expenditure for which no other provision \nexists, to make advances from the Fund to meet the need. \n(2) Where any advance is made in accordance with the provisions \nof this section, a supplementary estimate shall be presented and a \nSupplementary Appropriation Bill shall be introduced as soon as \npossible for the purpose of replacing the amount so advanced." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "84", |
| "title": "Remuneration, etc. of the President and certain other ", |
| "content": "officers\t\n(1) There shall be paid to the holders of the offices mentioned in \nthis section such remuneration, salaries and allowances as may \nbe prescribed by the National Assembly, but not exceeding the \namount as shall have been determined by the Revenue Mobilisation \nAllocation and Fiscal Commission. \n(2)The remuneration, salaries and allowances payable to the \nholders of the offices so mentioned shall be a charge upon the \nConsolidated Revenue Fund of the Federation. \n(3) The remuneration and salaries payable to the holders of the said \noffices and their conditions of service, other than allowances, shall \nnot be altered to their disadvantage after their appointment. \n(4) The offices aforesaid are the offices of President, Vice-President, \nChief Justice of Nigeria, Justice of the Supreme Court, President of \nthe Court of Appeal, Justice of the Court of Appeal, Chief Judge of\nthe Federal High Court, Judge of the Federal High Court, President \nof the National Industrial Court, Judge of the National Industrial \nCourt, Chief Judge and Judge of the High Court of the Federal \nCapital Territory, Abuja, Chief Judge of a State, Judge of the \nHigh Court of a State, Grand Kadi and Kadi of the Sharia Court of \nAppeal of the Federal Capital Territory, Abuja, President and Judge \nof the Customary Court of Appeal of the Federal Capital Territory, \nAbuja, Grand Kadi and Kadi of the Sharia Court of Appeal of a \nState, President and Judge of the Customary Court of Appeal of \na State, the Auditor-General for the Federation and the Chairmen \nand members of the following executive bodies, namely, the \nCode of Conduct Bureau, the Federal Civil Service Commission, \nthe Independent National Electoral Commission, the National \nJudicial Council, the Federal Judicial Service Commission, the \nJudicial Service Committee of the Federal Capital Territory, Abuja, \nthe Federal Character Commission, the Code of Conduct Tribunal, \nthe National Population Commission, the Revenue Mobilisation \nAllocation and Fiscal Commission, the Nigeria Police Council and \nthe Police Service Commission. \n(5) Any person who has held office as President or Vice-President \nshall be entitled to pension for life at a rate equivalent to the annual \nsalary of the incumbent President or Vice-President: \nProvided that such a person was not removed from office by the \nprocess of impeachment or for breach of any provisions of this \nConstitution. \n(6) Any pension granted by virtue of subsection (5) of this section \nshall be a charge upon the Consolidated Revenue Fund of the \nFederation. \n(7) The recurrent expenditure of judicial offices in the Federation \n(in addition to salaries and allowances of the judicial officers \nmentioned in subsection (4) of this section) shall be charge upon \nthe Consolidated Revenue Fund of the Federation. \n(8) The recurrent expenditure of the Independent National Electoral \nCommission, in addition to salaries and allowances of the Chairman \nand members, shall be a charge upon the Consolidated Revenue \nFund of the Federation. \n[Section 84(8) \nis inserted by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (First \nAlteration Act) 2010]\n[Section 84(4) \nis altered by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Third \nAlteration Act) \n2010]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "85", |
| "title": "Audit of public accounts ", |
| "content": "(1) There shall be an Auditor-General for the Federation who shall \nbe appointed in accordance with the provisions of section 86 of this \nConstitution. \n(2) The public accounts of the Federation and of all offices and \ncourts of the Federation shall be audited and reported on by \nthe Auditor-General who shall submit his reports to the National \nAssembly; and for that purpose, the Auditor-General or any person \nauthorised by him in that behalf shall have access to all the books, \nrecords, returns and other documents relating to those accounts. \n(3) Nothing in subsection (2) of this section shall be construed as \nauthorising the Auditor-General to audit the accounts of or appoint \nauditors for government statutory corporations, commissions, \nauthorities, agencies, including all persons and bodies established \nby an Act of the National Assembly, but the Auditor-General shall \u2013 \n(a) provide such bodies with - \n(i) a list of auditors qualified to be appointed by them as \nexternal auditors and from which the bodies shall appoint their \nexternal auditors, and \n(ii) guidelines on the level of fees to be paid to external \nauditors; and \n(b) comment on their annual accounts and auditor\u2019s reports \nthereon. \n(4) The Auditor-General shall have power to conduct periodic checks \nof all government statutory corporations, commissions, authorities, \nagencies, including all persons and bodies established by an Act of \nthe National Assembly. \n(5) The Auditor-General shall, within ninety days of receipt of the \nAccountant-General\u2019s financial statement, submit his reports under \nthis section to each House of the National Assembly and each House \nshall cause the reports to be considered by a committee of the \nHouse of the National Assembly responsible for public accounts.\n(6) In the exercise of his functions under this Constitution, the \nAuditor-General shall not be subject to the direction or control of \nany other authority or person." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "86", |
| "title": "Appointment of Auditor-General ", |
| "content": "(1) The Auditor-General for the Federation shall be appointed by \nthe President on the recommendation of the Federal Civil Service \nCommission, subject to confirmation by the Senate. \n(2) The power to appoint persons to act in the office of the Auditor-\nGeneral shall vest in the President. \n(3) Except with the sanction of a resolution of the Senate, no person \nshall act in the office of the Auditor-General for a period exceeding \nsix months." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "87", |
| "title": "T enure\tof\toffice\tof\tAuditor-General\t", |
| "content": "(1) A person holding the office of the Auditor-General for the \nFederation shall be removed from office by the President acting on \nan address supported by two-thirds majority of the Senate praying \nthat he be so removed for inability to discharge the functions of his \noffice (whether arising from infirmity of mind or body or any other \ncause) or for misconduct. \n(2) The Auditor-General shall not be removed from office before \nsuch retiring age as may be prescribed by law, save in accordance \nwith the provisions of this section." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "88", |
| "title": "Power to conduct investigations ", |
| "content": "(1) Subject to the provisions of this Constitution, each House of \nthe National Assembly shall have power by resolution published \nin its journal or in the Official Gazette of the Government of the \nFederation to direct or cause to be directed investigation into - \n(a) any matter or thing with respect to which it has power to \nmake laws; and \n(b) the conduct of affairs of any person, authority, Ministry or \ngovernment department charged, or intended to be charged, \nwith the duty of or responsibility for -\n(i) executing or administering laws enacted by National \nAssembly, and \n(ii) disbursing or administering moneys appropriated or to be \nappropriated by the National Assembly. \n(2) The powers conferred on the National Assembly under the \nprovisions of this section are exercisable only for the purpose of \nenabling it to \u2013 \n(a) make laws with respect to any matter within its legislative \ncompetence and correct any defects in existing laws; and\n \n(b) expose corruption, inefficiency or waste in the execution or \nadministration of laws within its legislative competence and in \nthe disbursement or administration of funds appropriated by it." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "89", |
| "title": "Power as to matters of evidence ", |
| "content": "(1) For the purposes of any investigation under section 88 of this \nConstitutional and subject to the provisions thereof, the Senate \nor the House of Representatives or a committee appointed in \naccordance with section 62 of this Constitution shall have power \nto - \n(a) procure all such evidence, written or oral, direct or \ncircumstantial, as it may think necessary or desirable, and \nexamine all persons as witnesses whose evidence may be \nmaterial or relevant to the subject matter; \n(b) require such evidence to be given on oath; \n(c) summon any person in Nigeria to give evidence at any place \nor produce any document or other thing in his possession or \nunder his control, and examine him as a witness and require him \nto produce any document or other thing in his possession or \nunder his control, subject to all just exceptions; and \n(d) issue a warrant to compel the attendance of any person who, \nafter having been summoned to attend, fails, refuses or neglects \nto do so and does not excuse such failure, refusal or neglect to \nthe satisfaction of the House or the committee in question, and \norder him to pay all costs which may have been occasioned in\ncompelling his attendance or by reason of his failure, refusal or \nneglect to obey the summons, and also to impose such fine as \nmay be prescribed for any such failure, refusal or neglect; and \nany fine so imposed shall be recoverable in the same manner as \na fine imposed by a court of law. \n(2) A summons or warrant issued under this section may be served \nor executed by any member of the Nigeria Police Force or by any \nperson authorised in that behalf by the President of the Senate \nor the Speaker of the House of Representatives, as the case may \nrequire. \nPART II\n \nHouse of Assembly of a State\nA - Composition and Staff of House of Assembly" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "90", |
| "title": "Establishment of House of Assembly for each State ", |
| "content": "There shall be a House of Assembly for each of the States of the \nFederation." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "91", |
| "title": "Composition of the House of Assembly ", |
| "content": "Subject to the provisions of this Constitution, a House of Assembly \nof a State shall consist of three or four times the number of seats \nwhich that State has in the House of Representatives divided in a \nway to reflect, as far as possible, nearly equal population: \nProvided that a House of Assembly of a State shall consist of not \nless than twenty-four and not more than forty members." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "92", |
| "title": "Speaker of House of Assembly ", |
| "content": "(1) There shall be a Speaker and a Deputy Speaker of a House of \nAssembly who shall be elected by the members of the House from \namong themselves.\n \n(2) The Speaker or Deputy Speaker of the House of Assembly shall \nvacate his office \u2013\n(a) if he ceases to be a member of the House of Assembly, \notherwise than by reason of the dissolution of the House;\n(b) when the House first sits after any dissolution of House; or \n(c) if he is removed from office by a resolution of House of \nAssembly by the votes of not less than two-third majority of \nthe members of the House." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "93", |
| "title": "Staff of House of Assembly ", |
| "content": "There shall be a Clerk to a House of Assembly and such other staff \nas may be prescribed by a Law enacted by the House of Assembly, \nand the method of appointment of the Clerk and other staff of the \nHouse shall be as prescribed by that Law. \nB - Procedure for Summoning and Dissolution of House of \nAssembly" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "94", |
| "title": "Declaration of assets and liabilities; oaths of members ", |
| "content": "(1) Every person elected to a House of Assembly shall, before \ntaking his seat in that House, declare his assets and liabilities in the \nmanner prescribed in this Constitution and subsequently take and \nsubscribe before the Speaker of the House, the Oath of Allegiance \nand oath of membership prescribed in the Seventh Schedule to this \nConstitution, but a member may, before taking the oaths, take part \nin the election of the Speaker and Deputy Speaker of the House of \nAssembly. \n[Seventh Schedule]\n(2) The Speaker and Deputy Speaker of a House of Assembly shall \ndeclare their assets and liabilities in the manner prescribed by this \nConstitution and subsequently take and subscribe to the Oath of \nAllegiance and the oath of membership prescribed as aforesaid \nbefore the Clerk of the House of Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "95", |
| "title": "Presiding at sittings ", |
| "content": "(1) At any sitting of a House of Assembly, the Speaker of that House \nshall preside, and in his absence the Deputy Speaker shall preside. \n(2) In the absence of the Speaker and Deputy Speaker of the House, \nsuch member of the House as the House may elect for a purpose \nshall preside." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "96", |
| "title": "Quorum", |
| "content": "(1) The quorum of a House of Assembly shall be one-third of all the \nmembers of the House. \n(1A) For the purpose of the inaugural and first sitting of the House \nof Assembly of a State, the quorum shall be at least two-thirds of all \nthe members-elect of the House of Assembly of the State.\n(2) If objection is taken by any member of a House of Assembly \npresent that there are present in that House (besides the person \npresiding) fewer than one-third of all the members of that House \nand that it is not competent for the House to transact business, and \nafter such interval as may be prescribed in the rules of procedure \nof the House, the person presiding ascertains that the number of \nmembers present is still less than one-third of all the members of \nthe House, he shall adjourn the House." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "97", |
| "title": "Languages", |
| "content": "The business of a House of Assembly shall be conducted in English, \nbut the House may in addition to English conduct the business of \nthe House in one or more other languages spoken in the State as \nthe House may by resolution approve." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "98", |
| "title": "Voting", |
| "content": "(1) Except as otherwise provided by this Constitution, any question \nproposed for decision in a House of Assembly shall be determined \nby the required majority of the members present and voting; and \nthe person presiding shall cast a vote whenever necessary to avoid \nan equality of votes but shall not vote in any other case. \n(2) Except as otherwise provided by this Constitution, the required \nmajority for the purpose of determining any question shall be a \nsimple majority. \n(3) A House of Assembly shall by its rules provide \u2013\n(a) that a member of the House shall declare any direct pecuniary \ninterest he may have in any matter coming before the House for \ndeliberation; \n[Section 96 (1A) \nis inserted by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No. 8) Act, \n2023]\n(b) that the House may by resolution decide whether or not such \nmember may vote or participate in its deliberations, on such \nmatter; \n(c) the penalty, if any, which the House may impose for failure to \ndeclare any direct pecuniary interest such member may have; \nand \n(d) for such other matters pertaining to the foregoing as the \nHouse may think necessary, \nbut nothing in this subsection shall enable any rules to be made to \nrequire any member, who signifies his intention not to vote on or \nparticipate in such matter, and who does not so vote or participate, \nto declare any such interest." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "99", |
| "title": "Unqualified\tperson\tsitting\tor\tvoting\t", |
| "content": "Any person who sits or votes in a House of Assembly of a State \nknowing or having reasonable grounds for knowing that he is not \nentitled to do so commits an offence and is liable on conviction to \nsuch punishment as shall be prescribed by a Law of the House of \nAssembly. \n100.Mode of exercising legislative power of a State \n(1) The power of a House of Assembly to make laws shall be \nexercised by bills passed by the House of Assembly and, except as \notherwise provided by this section, assented to by the Governor. \n(2) A bill shall not become law unless it has been duly passed and, \nsubject to subsection (1) of this section, assented to in accordance \nwith the provisions of this section. \n(3) Where a bill has been passed by the House of Assembly it shall \nbe presented to the Governor for assent. \n(4) Where a bill is presented to the Governor for assent he shall \nwithin thirty days thereof signify that he assents or that he withholds \nassent.\n(5) Where the Governor withholds assent and the bill is again passed \nby the House of Assembly by two-thirds majority, the bill shall \nbecome law and the assent of the Governor shall not be required. \n101.Regulation of procedure \nSubject to the provisions of this Constitution, a House of Assembly \nshall have power to regulate its own procedure, including the \nprocedure for summoning and recess of the House. \n102.Vacancy or participation of strangers not to invalidate \n proceedings \nA House of Assembly may act notwithstanding any vacancy in its \nmembership, and the presence or participation of any person not \nentitled to be present at or to participate in the proceedings of the \nHouse shall not invalidate such proceedings." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "103", |
| "title": "Committees", |
| "content": "(1) A House of Assembly may appoint a committee of its members \nfor any special or general purpose as in its opinion would be better \nregulated and managed by means of such a committee, and may \nby resolution, regulation or otherwise as it thinks fit delegate any \nfunctions exercisable by it to any such committee. \n(2) The number of members of a committee appointed under this \nsection, their term of office and quorum shall be fixed by the House \nof Assembly. \n(3) Nothing in this section shall be construed as authorising \na House of Assembly to delegate to a committee the power to \ndecide whether a bill shall be passed into law or to determine any \nmatter which it is empowered to determine by resolution under the \nprovisions of this Constitution, but such a committee of the House \nmay be authorised to make recommendations to the House on any \nsuch matter." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "104", |
| "title": "Sittings", |
| "content": "A House of Assembly shall sit for a period of not less than one \nhundred and eighty-one days in a year." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "105", |
| "title": "Dissolution and issue of proclamation by Governor ", |
| "content": "(1) A House of Assembly shall stand dissolved at the expiration of \na period of four years commencing from the date of the first sitting \nof the House. \n(2) If the Federation is at war in which the territory of Nigeria is \nphysically involved and the President considers that it is not \npracticable to hold elections, the National Assembly may by \nresolution extend the period of four years mentioned in subsection \n(1) of this section from time to time but not beyond a period of six \nmonths at any one time. \n(3) Subject to the provisions of this Constitution, the person elected \nas the Governor of a State shall have power to issue a proclamation \nfor the holding of the first session of the House of Assembly of the \nState concerned immediately after his being sworn in, or for its \ndissolution as provided in this section. \nC -Qualification for Membership of House of Assembly and Right \nof Attendance" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "106", |
| "title": "Qualifications\tfor\telections ", |
| "content": "Subject to the provisions of section 107 of this Constitution, a \nperson shall be qualified for election as a member of a House of \nAssembly if - \n(a) he is a citizen of Nigeria; \n(b) he has attained the age of twenty-five years; \n(c) he has been educated up to at least the School Certificate \nlevel or its equivalent; and \n(d) he is a member of a political party and is sponsored by that \nparty." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "107", |
| "title": "Disqualifications", |
| "content": "(1) No person shall be qualified for election to a House of Assembly \nif - \n[Section 106(b) \nis altered by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fourth \nAlteration No.27) Act \n2017]\n(a) subject to the provisions of Section 28 of this Constitution, he \nhas voluntarily acquired the citizenship of a country other than \nNigeria, or except in such cases as may be prescribed by the \nNational Assembly, has made a declaration of allegiance to such \na country; \n(b) under any law in force in any part of Nigeria, he is adjudged \nto be a lunatic or otherwise declared to be of unsound mind; \n(c) he is under a sentence of death imposed on him by any \ncompetent court of law or tribunal in Nigeria or a sentence of \nimprisonment or fine for an offence involving dishonesty or \nfraud (by whatever name called) or any other offence imposed \non him by such a court or tribunal substituted by a competent \nauthority for any other sentence imposed on him by such a court \nor tribunal; \n(d) within a period of less than ten years before the date of an \nelection to the House of Assembly, he has been convicted and \nsentenced for an offence involving dishonesty or he has been \nfound guilty of a contravention of the Code of Conduct; \n(e) he is an undischarged bankrupt, having been adjudged or \notherwise declared bankrupt under any law in force in any part \nof Nigeria; \n(f) he is a person employed in the public service of the Federation \nor of any State and he has not resigned, withdrawn or retired \nfrom such employment thirty days before the date of election; \n(g) he is a member of any secret society; \n(h) he has been indicted for embezzlement or fraud by a \nJudicial Commission of Inquiry or an Administrative Panel of \nInquiry or a Tribunal set up under the Tribunals of Inquiry Act, \na Tribunals of Inquiry Law or any other law by the Federal and \nState Government which indictment has been accepted by the \nFederal or State Governments respectively; or\n[Section 107(1)(h) \nis deleted by the \nConstitution of Federal \nRepublic of Nigeria \n(First Alteration Act) \n2010]\n(i) he has presented a forged certificate to the Independent \nNational Electoral Commission.\n(2) Where in respect of any person who has been - \n(a) adjudged to be a lunatic; \n(b) declared to be of unsound mind; \n(c) sentenced to death or imprisonment; or \n(d) adjudged or declared bankrupt, \nany appeal against the decision is pending in any court of law in \naccordance with any law in force in Nigeria, subsection (1) of this \nsection shall not apply during a period beginning from the date \nwhen such appeal is lodged and ending on the date when the \nappeal is finally determined or, as the case may be, the appeal \nlapses or is abandoned, whichever is earlier.\n(3) For the purposes of subsection (2) of this section, an \u201c appeal\u201d \nincludes any application for an injunction or an order of certiorari, \nmandamus, prohibition or habeas corpus, or any appeal from any \nsuch application." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "108", |
| "title": "Right of attendance of Governor", |
| "content": "(1) The Governor of a State may attend a meeting of a House of \nAssembly of the State either to deliver an address on State affairs \nor to make such statement on the policy of government as he may \nconsider to be of importance to the State. \n(2) A Commissioner of the Government of a State shall attend the \nHouse of Assembly of the State if invited to explain to the House \nof Assembly the conduct of his Ministry, and in particular when the \naffairs of that Ministry are under discussion. \n(3) Nothing in this section shall enable any person who is not a \nmember of a House of Assembly to vote in that House or in any of \nits committees." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "109", |
| "title": "Tenure of seat of members", |
| "content": "(1) A member of a House of Assembly shall vacate his seat in the \nHouse if - \n(a) he becomes a member of another legislative house; \n(b) any other circumstances arise that, if he were not a member \nof that House, would cause him to be disqualified for election as \nsuch a member; \n(c) he ceases to be a citizen of Nigeria; \n(d) he becomes President, Vice-President, Governor, Deputy \nGovernor or a Minister of the Government of the Federation \nor a Commissioner of the Government of a State or a Special \nAdviser; \n(e) save as otherwise provided by this Constitution, he becomes \na member of a commission or other body established by this \nConstitution or by any other law; \n(f) without just cause, he is absent from meetings of the House of \nAssembly for a period amounting in the aggregate to more than \none-third of the total number of days during which the House \nmeets in any one year; \n(g) being a person whose election to the House of Assembly was \nsponsored by a political party, he becomes a member of any \nother political party before the expiration of the period for which \nthat House was elected: \nProvided that his membership of the latter political party is not \nas a result of a division in the political party of which he was \npreviously a member or of a merger of two or more political \nparties or factions by one of which he was previously sponsored; \nor \n(h) the Speaker of the House of Assembly receives a certificate \nunder the hand of the Chairman of the Independent National \nElectoral Commission stating that the provisions of section 110\nof this Constitution have been complied with in respect of the \nrecall of the member.\n(2) The Speaker of the House of Assembly shall give effect to \nsubsection (1) of this section, so however that the Speaker or a \nmember shall first present evidence satisfactory to the House that \nany of the provisions of that subsection has become applicable in \nrespect of the member. \n(3) A member of a House of Assembly shall be deemed to be absent \nwithout just cause from a meeting of the House of Assembly unless \nthe person presiding certifies in writing that he is satisfied that the \nabsence of the member from the meeting was for a just cause." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "110", |
| "title": "Recall", |
| "content": "A member of the House of Assembly may be recalled as such a \nmember if - \n(a) there is presented to the Chairman of the Independent \nNational Electoral Commission a petition in that behalf signed \nby more than one-half of the persons registered to vote in \nthat member\u2019s constituency alleging their loss of confidence \nin that member and which signatures are duly verified by the \nIndependent National Electoral Commission; and \n(b) the petition is thereafter, in a referendum conducted by the \nIndependent National Electoral Commission within ninety days \nof the date of the receipt of the petition, approved by a simple \nmajority of the votes of the persons registered to vote in that \nmember\u2019s constituency." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "111", |
| "title": "Remuneration", |
| "content": "A member of the House of Assembly shall receive such salary and \nother allowances as the Revenue Mobilisation Allocation and Fiscal \nCommission may determine. \n[Section 110(a) \nis altered by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (First \nAlteration Act) 2010]\nD - Elections to a House of Assembly" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "112", |
| "title": "State Constituencies", |
| "content": "Subject to the provisions of sections 91 and 113 of this Constitution, \nthe Independent National Electoral Commission shall divide every \nState in the Federation into such number of State constituencies as \nis equal to three or four times the number of Federal constituencies \nwithin that State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "113", |
| "title": "Size of State Constituencies", |
| "content": "The boundaries of each State constituency shall be such that the \nnumber of inhabitants thereof is as nearly equal to the population \nquota as is reasonably practicable." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "114", |
| "title": "Periodical review of State Constituencies", |
| "content": "(1) The Independent National Electoral Commission shall review \nthe division of every State into constituencies at intervals of not less \nthan ten years, and may alter such constituencies in accordance \nwith the provisions of this section to such extent as it may consider \ndesirable in the light of the review. \n(2) The Independent National Electoral Commission may at any time \ncarry out such a review and alter the constituencies in accordance \nwith the provisions of this section to such extent as it considers \nnecessary in consequence of any alteration of the boundaries of the \nState or by reason of the holding of a census of the population of \nNigeria in pursuance of an Act of the National Assembly.\n115.Time when alteration of State Constituencies takes effect\nWhere the boundaries of any State constituency established under \nsection 112 of this Constitution are altered in accordance with \nthe provisions of section 114 of this Constitution, that alteration \nshall come into effect after it has been approved by the National \nAssembly and after the current life of the House of Assembly. \n116.Time of elections to Houses of Assembly\n(1) Elections to a House of Assembly shall be held on a date to be \nappointed by the Independent National Electoral Commission in \naccordance with the Electoral Act. \n[Section 116(1) \nis altered by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (First \nAlteration Act) 2010]\n(2) The date mentioned in subsection (1) of this section shall not be \nearlier than one hundred and fifty days and not later than thirty days \nbefore the date on which the House stands dissolved, or where the \nelection is to fill a vacancy occurring more than ninety days before \nsuch date, not later than thirty days after the vacancy occurred." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "117", |
| "title": "Direct election and franchise", |
| "content": "(1) Subject to the provisions of this Constitution, every State \nconstituency established in accordance with the provisions of \nthis part of this Chapter shall return one member who shall be \ndirectly elected to a House of Assembly in such manner as may be \nprescribed by an Act of the National Assembly. \n(2) Every citizen of Nigeria, who has attained the age of eighteen \nyears, residing in Nigeria at the time of the registration of voters for \npurposes of election to any legislative House, shall be entitled to \nbe registered as a voter for that election." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "118", |
| "title": "Supervision of election", |
| "content": "The registration of voters and the conduct of elections shall be \nsubject to the direction and supervision of the Independent \nNational Electoral Commission." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "119", |
| "title": "Power of National Assembly as to determination of ", |
| "content": "certain questions\nThe National Assembly shall make provisions as respects - \n(a) persons who may apply to an election tribunal for the \ndetermination of any question as to whether-\n(i) any person has been validly elected as a member of a House \nof Assembly, \n(ii) the term of office of any person has ceased, or \n(iii) the seat in a House of Assembly of a member of that House \nhas become vacant;\n(b) circumstances and manner in which, and the conditions upon \nwhich, such application may be made; and \n(c) powers, practice and procedure of the election tribunal in \nrelation to any such application.\n[Section 116(2) \nis altered by \nConstitution of the \nFederal Republic \nof Nigeria, 1999 \n(Second Alteration \nAct) 2010]\nE - Powers and Control over Public Funds" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "120", |
| "title": "Establishment of Consolidated Revenue Fund", |
| "content": "(1) All revenues or other moneys raised or received by a State (not \nbeing revenues or other moneys payable under this Constitution or \nany Law of a House of Assembly into any other public fund of the \nState established for a specific purpose) shall be paid into and form \none Consolidated Revenue Fund of the State. \n(2) No moneys shall be withdrawn from the Consolidated Revenue \nFund of the State except to meet expenditure that is charged upon \nthe Fund by this Constitution or where the issue of those moneys \nhas been authorised by an Appropriation Law, Supplementary \nAppropriation Law or Law passed in pursuance of section 121 of \nthis Constitution. \n(3) No moneys shall be withdrawn from any public fund of the State, \nother than the Consolidated Revenue Fund of the State, unless the \nissue of those moneys has been authorised by a Law of the House \nof Assembly of the State. \n(4) No moneys shall be withdrawn from the Consolidated Revenue \nFund of the State or any other public fund of the State except in the \nmanner prescribed by the House of Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "121", |
| "title": "Authorisation of expenditure from Consolidated Revenue ", |
| "content": "Fund\n(1) The Governor shall cause to be prepared and laid before the \nHouse of Assembly at any time before the commencement of each \nfinancial year estimates of the revenues and expenditure of the \nState for the next following financial year. \n(2) The heads of expenditure contained in the estimates, other \nthan expenditure charged upon the Consolidated Revenue Fund \nof the State by this Constitution, shall be included in a bill, to be \nknown as an Appropriation Bill, providing for the issue from the \nConsolidated Revenue Fund of the State of the sums necessary to \nmeet that expenditure and the appropriation of those sums for the \npurposes specified therein.\n(3) Any amount standing to the credit of \u2013 \n(a) a State House of Assembly of a State in the Consolidated \nRevenue Fund of the State shall be paid directly into the account \nof the Assembly; and \n(b) the Judiciary of a State in the Consolidated Revenue Fund \nof the State shall be paid directly to the heads of the courts \nconcerned.\n(3A) For the purpose of subsection (3), there is established for each \nState of the Federation a Disbursement Committee comprising \u2013\n(a) the Commissioner of Finance of the State, as Chairman; \n(b) Accountant-General of the State;\n(c) a representative of the State Budget Office or Ministry; \n(d) Chief Registrar of the High Court of the State;\n(e) Chief Registrar of the Revenue Court of the State (where \napplicable)\n(f) Chief Registrar of Sharia Court of Appeal of the State (where \napplicable)\n(g) Chief Registrar of the Customary Court of Appeal of the State \n(where applicable)\n(h) the Clerk of the State House of Assembly;\n(i) Secretary of the House of Assembly Service Commission;\n(j) the Secretary of the State Judicial Service Commission; and\n(k) the officer in charge of finance in the State House of Assembly.\n(3B) All moneys due to the House of Assembly of the State and \nthe Judiciary of the State for capital and recurrent expenditures \nshall be paid by the State Accountant-General into the House \nof Assembly of the State and Judiciary of the State accounts in \nmonthly installments respectively.\n(3C) The moneys due to the House of Assembly of a State and \nthe Judiciary of a State shall be the amount appropriated in the \nAppropriation Law of the State for the year.\n[Section 121 (3) is \nsubstituted by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No. 6) \nAct, 2023]\n(3D) The monthly installment shall be \u2013 \n(a) determined by apportioning the approved budget on figures \nby twelve equal installments; and \n(b) adjusted to reflect the ratio of the gross allocation from \nFederal Accounts Allocation Committee and internally generated \nrevenue on the approved budget for the State.\n(3E) Where the gross allocation from Federation Accounts Allocation \nCommittee and internally generated revenue in any month is lower \nthan the budget amount for the month, the amount due to the \nHouse of Assembly of the State and Judiciary of the State shall be \npaid on a pro-rata basis.\n(3F) When there is an increase in the subsequent income of the \nState, any previous shortfall shall be paid in arrears to the House of \nAssembly of the State and the Judiciary of the State.\n(3G) The Accountant-General of the State shall furnish the \nDisbursement Committee with gross inflow from Federation \nAccounts Allocation Committee and internally generated revenue, \nnot later than seven days after the Federation Accounts Allocation \nCommittee meeting for the month.\n(3H) The Commissioner responsible for Finance and the Accountant-\nGeneral of the State shall, pursuant to subsection (3B), make full \ndisclosure of all revenues that accrue to the State and release the \nfunds to the House of Assembly of the State and Judiciary of the \nState, not later than one week after the funds have become due.\n(4) If in respect of any financial year, it is found that -\n(a) the amount appropriated by the Appropriation Law for any \npurpose is insufficient; or \n(b) a need has arisen for expenditure for a purpose for which no \namount has been appropriated by the law,\na supplementary estimate showing the sums required shall be \nlaid before the House of Assembly and the heads of any such \nexpenditure shall be included in a Supplementary Appropriation \nBill." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "122", |
| "title": "Authorisation of expenditure in default of appropriations", |
| "content": "If the Appropriation Bill in respect of any financial year has not been \npassed into law by the beginning of the financial year, the Governor \nmay authorise the withdrawal of moneys from the Consolidated \nRevenue Fund of the State for the purpose of meeting expenditure \nnecessary to carry on the services of the Government for a period \nnot exceeding six months or until the coming into operation of the \nlaw, whichever is the earlier: \nProvided that the withdrawal in respect of any such period shall \nnot exceed the amount authorised to be withdrawn from the \nConsolidated Revenue Fund of the State under the provisions of \nthe Appropriation Law passed by the House of Assembly for the \ncorresponding period in the immediately preceding financial year, \nbeing an amount proportionate to the total amount so authorised \nfor the immediately preceding financial year." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "123", |
| "title": "Contingencies Fund ", |
| "content": "(1) A House of Assembly may by law make provisions for the \nestablishment of a Contingencies Fund for the State and for \nauthorising the Governor, if satisfied that there has arisen an urgent \nand unforeseen need for expenditure for which no other provision \nexists, to make advances from the Fund to meet that need. \n(2) Where any advance is made in accordance with the provisions \nof this section, a supplementary estimate shall be presented and a \nSupplementary Appropriation Bill shall be introduced as soon as \npossible for the purpose of replacing the amount so advanced." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "124", |
| "title": "Remuneration, etc., of the Governor and certain other ", |
| "content": "officers\t\n (1) There shall be paid to the holders of the offices mentioned in \nthis section such remuneration and salaries as may be prescribed \nby a House of Assembly, but not exceeding the amount as shall \nhave been determined by the Revenue Mobilisation Allocation and \nFiscal Commission. \n(2) The remuneration, salaries and allowances payable to the \nholders of the offices so mentioned shall be charged upon the \nConsolidated Revenue Fund of the State.\n(3) The remuneration and salaries payable to the holders of the said \noffices and their conditions of service, other than allowances, shall \nnot be altered to their disadvantage after their appointment. \n(4) The offices aforesaid are the offices of Governor, Deputy \nGovernor, Auditor-General for a State and the Chairman and \nmembers of the following bodies, that is to say, the State Civil \nService Commission, the State Independent Electoral Commission \nand the State Judicial Service Commission. \n(5) Provisions may be made by a Law of a House of Assembly for the \ngrant of a pension or gratuity to or in respect of a person who had \nheld office as Governor or Deputy Governor and was not removed \nfrom office as a result of impeachment; and any pension granted by \nvirtue of any provision made in pursuance of this subsection shall \nbe a charge upon the Consolidated Revenue Fund of the State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "125", |
| "title": "Audit of public accounts ", |
| "content": "(1) There shall be an Auditor-General for each State who shall be \nappointed in accordance with the provisions of section 126 of this \nConstitution. \n(2) The public accounts of a State and of all offices and courts of \nthe State shall be audited by the Auditor-General for the State \nwho shall submit his reports to the House of Assembly of the State \nconcerned, and for that purpose the Auditor-General or any person \nauthorised by him in that behalf shall have access to all the books, \nrecords, returns and other documents relating to those accounts.\n \n(3) Nothing in subsection (2) of this section shall be construed as \nauthorising the Auditor-General to audit the accounts of or appoint \nauditors for government statutory corporations, commissions, \nauthorities, agencies, including all persons and bodies established \nby Law by the Auditor-General shall - \n(a) provide such bodies with \u2013\n(i) a list of auditors qualified to be appointed by them as \nexternal auditors and from which the bodies shall appoint their \nexternal auditors, and\n(ii) a guideline on the level of fees to be paid to external \nauditors; and \n(b) comment on their annual accounts and auditor\u2019s report \nthereon. \n(4) The Auditor-General for the State shall have power to conduct \nperiodic checks of all government statutory corporations, \ncommissions, authorities, agencies, including all persons and \nbodies established by a law of the House of Assembly of the State. \n(5) The Auditor-General for a State shall, within ninety days of \nreceipt of the Accountant-General\u2019s financial statement and annual \naccounts of the State, submit his report to the House of Assembly \nof the State and the House shall cause the report to be considered \nby a committee of the House responsible for public accounts. \n(6) In the exercise of his functions under this Constitution, the \nAuditor-General for a State shall not be subject to the direction or \ncontrol of any other authority or person." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "126", |
| "title": "Appointment of Auditor-General ", |
| "content": "(1) The Auditor-General for a State shall be appointed by the \nGovernor of the State on the recommendation of the State Civil \nService Commission subject to confirmation by the House of \nAssembly of the State. \n(2) The power to appoint persons to act in the office of the Auditor-\nGeneral for a State shall vest in the Governor. \n(3) Except with the sanction of a resolution of the House of Assembly \nof a State, no person shall act in the office of the Auditor-General \nfor a State for a period exceeding six months." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "127", |
| "title": "T enure\tof\toffice\tof\tAuditor-General\t", |
| "content": "(1) A person holding the office of Auditor-General under section \n126 (1) of this Constitution shall be removed from office by the \nGovernor of the State acting on an address supported by two-thirds \nmajority of the House of Assembly praying that he be so removed\nfor inability to discharge the functions of his office (whether arising \nfrom infirmity of mind or body or any other cause) or for misconduct. \n(2) An Auditor-General shall not been removed from office before \nsuch retiring age as may be prescribed by Law, save in accordance \nwith the provisions of this section." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "128", |
| "title": "Power to conduct investigations ", |
| "content": "(1) Subject to the provisions of this Constitution, a House of \nAssembly shall have power by resolution published in its journal or \nin the Office Gazette of the Government of the State to direct or \ncause to be directed an inquiry or investigation into - \n(a) any matter or thing with respect to which it has power to \nmake laws; and\n \n(b) the conduct of affairs of any person, authority, Ministry or \ngovernment department charged, or intended to be charged, \nwith the duty of or responsibility for \u2013\n(i) executing or administering laws enacted by that House of \nAssembly, and \n(ii) disbursing or administering moneys appropriated or to be \nappropriated by such House. \n(2) The powers conferred on a House of Assembly under the \nprovisions of this section are exercisable only for the purpose of \nenabling the House to - \n(a) make laws with respect to any matter within its legislative \ncompetence and correct any defects in existing laws; and \n(b) expose corruption, inefficiency of waste in the execution or \nadministration of laws within its legislative competence and in \nthe disbursement or administration of funds appropriated by it." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "129", |
| "title": "Power as to matters of evidence", |
| "content": "(1) For the purposes of any investigation under section 128 of this \nConstitution, and subject to the provisions thereof, a House of \nAssembly or a committee appointed in accordance with section \n103 of this Constitution shall have power to -\n(a) procure all such evidence, written or oral, direct or \ncircumstantial, as it may think necessary or desirable, and \nexamine all persons as witnesses whose evidence may be \nmaterial or relevant to the subject matter; \n(b) require such evidence to be given on oath; \n(c) summon any person in Nigeria to give evidence at any place \nor produce any document or other thing in his possession or \nunder his control, and examine him as a witness and require him \nto produce any document or other thing in his possession or \nunder his control, subject to all just exceptions; and \n(d) issue a warrant to compel the attendance of any person \nwho, after having been summoned to attend, fails, refuses or \nneglects to do so and does not excuse such failure, refusal or \nneglect to the satisfaction of the House of Assembly or the \ncommittee, and order him to pay all costs which may have \nbeen occasioned in compelling his attendance or by reason \nof his failure, refusal or neglect to obey the summons and also \nto impose such fine as may be prescribed for any such failure, \nrefusal or neglect; and any fine so imposed shall be recoverable \nin the same manner as a fine imposed by a court of law. \n(2) A summons or warrant issued under this section may be served \nor executed by any member of the Nigeria Police Force or by any \nperson authorised in that behalf by the Speaker of the House of \nAssembly of the State.\nCHAPTER VI \nThe Executive\nPART I \nFederal Executive\nA - The President of the Federation" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "130", |
| "title": "Establishment\tof\tthe\toffice\tof\tPresident\t", |
| "content": "(1) There shall be for the Federation a President.\n \n(2) The President shall be the Head of State and the Chief \nExecutive of the Federation and Commander-in-Chief of the \nArmed Forces of the Federation." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "131", |
| "title": "Qualification\tfor\telection\tas\tPresident", |
| "content": "A person shall be qualified for election to the office of the President \nif - \n(a) he is a citizen of Nigeria by birth; \n(b) he has attained the age of thirty-five years; \n(c) he is a member of a political party and is sponsored by that \npolitical party; and \n(d) he has been educated up to at least School Certificate level \nor its equivalent." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "132", |
| "title": "Election of President: general", |
| "content": "(1) An election to the office of President shall be held on a date to \nbe appointed by the Independent National Electoral Commission \nin accordance with the Electoral Act. \n(2) An election to the said office shall be held on a date not earlier \nthan one hundred and fifty days and not later than thirty days before \nthe expiration of the term of office of the last holder of that office. \n[Section 132 (1) and \n(2) are altered by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (First \nAlteration Act) 2010]; \n[Section 132(2) is altered \nby Constitution of the \nFederal Republic of \nNigeria, 1999 (Second \nAlteration Act) 2010]\n[Section 131(b) is \naltered by Constitution \nof the Federal Republic \nof Nigeria, 1999 \n(Fourth Alteration \nNo.27) Act 2017]\n(3) Where in an election to the office of President one of the two or \nmore candidates nominated for the election is the only candidate \nafter the close of nomination, by reason of the disqualification, \nwithdrawal, incapacitation, disappearance or death of the other \ncandidates, the Independent National Electoral Commission shall \nextend the time for nomination. \n(4) For the purpose of an election to the office of President, the \nwhole of the Federation shall be regarded as one constituency. \n(5) Every person who is registered to vote at an election of a member \nof a legislative House shall be entitled to vote at an election to the \noffice of President." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "133", |
| "title": "Election: single Presidential candidate", |
| "content": "A candidate for an election to the office of President shall be \ndeemed to have been duly elected to such office where, being the \nonly candidate nominated for the election - \n(a) he has a majority of YES votes over NO votes cast at the \nelection; and \n(b) he has not less than one-quarter of the votes cast at the \nelection in each of at least two-thirds of all the States in the \nFederation and the Federal Capital Territory, Abuja,\nbut where the only candidate fails to be elected in accordance with \nthis section, then there shall be fresh nominations." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "134", |
| "title": "Election: two or more Presidential candidates", |
| "content": "(1) A candidate for an election to the office of President shall be \ndeemed to have been duly elected, where, there being only two \ncandidates for the election - \n(a) he has the majority of votes cast at the election; and\n \n(b) he has not less than one-quarter of the votes cast at the \nelection in each of at least two-thirds of all the States in the \nFederation and the Federal Capital Territory, Abuja.\n(2) A candidate for an election to the office of President shall be \ndeemed to have been duly elected where, there being more than \ntwo candidates for the election- \n(a) he has the highest number of votes cast at the election; and \n(b) he has not less than one-quarter of the votes cast at the \nelection each of at least two-thirds of all the States in the \nFederation and the Federal Capital Territory, Abuja.\n(3) In a default of a candidate duly elected in accordance with \nsubsection (2) of this section, there shall be a second election in \naccordance with subsection (4) of this section at which the only \ncandidate shall be - \n(a) the candidate who scored the highest number of votes at any \nelection held in accordance with the said subsection (2) of this \nsection; and \n(b) one among the remaining candidates who has a majority of \nvotes in the highest number of States, so however that where \nthere are more than one candidate with majority of votes in the \nhighest number of States, the candidate among them with the \nhighest total of votes cast at the election shall be the second \ncandidate for the election.\n(4) In default of a candidate duly elected under the foregoing \nsubsections, the Independent National Electoral Commission shall \nwithin twenty-one days of the result of the election held under \nthe said subsections, arrange for an election between the two \ncandidates and a candidate at such election shall be deemed to \nhave been duly elected to the office of President if - \n(a) he has a majority of votes cast at the election; and \n(b) he has not less than one-quarter of the votes cast at the \nelection in each of at least two-thirds of all the States in the \nFederation and the Federal Capital Territory, Abuja.\n(5) In default of a candidate duly elected under subsection (4) of \nthis section, the Independent National Electoral Commission shall, \nwithin twenty-one days of the result of the election held under the \n[Section 134 (5) is \naltered by Constitution \nof the Federal Republic \nof Nigeria, 1999 (Fourth \nAlteration No.9) Act \n2017]\n[Section 134 (4) is \naltered by Constitution \nof the Federal Republic \nof Nigeria, 1999 (Fourth \nAlteration No.9) Act \n2017]\naforesaid subsection (4), arrange for another election between the \ntwo candidates to which the subsection relates and a candidate \nat such election shall be deemed to have been duly elected to \nthe office of President if he has a majority of the votes cast at the \nelection." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "135", |
| "title": "T enure\tof\toffice\tof\tPresident\t", |
| "content": "(1) Subject to the provisions of this Constitution, a person shall hold \nthe office of President until- \n(a) when his successor in office takes the oath of that office; \n(b) he dies whilst holding such office; or \n(c) the date when his resignation from office takes effect; or \n(d) he otherwise ceases to hold office in accordance with the \nprovisions of this Constitution.\n(2) Subject to the provisions of subsection (1) of this section, the \nPresident shall vacate his office at the expiration of a period of four \nyears commencing from the date, when - \n(a) in the case of a person first elected as President under this \nConstitution, he took the Oath of Allegiance and the oath of \noffice; and \n(b) in any other case, the person last elected to that office under \nthis Constitution took the Oath of Allegiance and oath of office \nor would, but for his death, have taken such oaths.\n(2A) In the determination of the four year term, where a re-run \nelection has taken place and the person earlier sworn in wins the \nre-run election, the time spent in the office before the date the \nelection was annulled, shall be taken into account.\n(3) If the Federation is at war in which the territory of Nigeria is \nphysically involved and the President considers that it is not \npracticable to hold elections, the National Assembly may by \nresolution extend the period of four years mentioned in subsection \n(2) of this section from time to time; but no such extension shall \nexceed a period of six months at any one time.\n[Section 135(2A) is \ninserted by Constitution \nof the Federal Republic \nof Nigeria, 1999 (First \nAlteration Act) 2010]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "136", |
| "title": "Death,\tetc.\tof\tPresident-elect\tbefore\toath\tof\toffice", |
| "content": "(1) If a person duly elected as President dies before taking and \nsubscribing the Oath of Allegiance and oath of office, or is for any \nreason whatsoever unable to be sworn in, the person elected with \nhim as Vice-President shall be sworn in as President and he shall \nnominate a new Vice-President who shall be appointed by the new \nPresident with the approval by a simple majority of the National \nAssembly at a joint sitting. \n(2) Where the persons duly elected as President and Vice-President \ndie or are unable for any reason whatsoever to assume office \nbefore the inauguration of the National Assembly, the Independent \nNational Electoral Commission shall immediately conduct an \nelection for a President and the Vice-President." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "137", |
| "title": "Disqualifications", |
| "content": "(1) A person shall not be qualified for election to the office of \nPresident if - \n(a) subject to the provisions of section 28 of this Constitution, he \nhas voluntarily acquired the citizenship of a country other than \nNigeria or, except in such cases as may be prescribed by the \nNational Assembly, he has made a declaration of allegiance to \nsuch other country; or \n(b) he has been elected to such office at any two previous \nelections; or \n(c) under the law in any part of Nigeria, he is adjudged to be a \nlunatic or otherwise declared to be of unsound mind; or \n(d) he is under a sentence of death imposed by any competent \ncourt of law or tribunal in Nigeria or a sentence of imprisonment \nor fine for any offence involving dishonesty or fraud (by whatever \nname called) or for any other offence, imposed on him by any \ncourt or tribunal or substituted by a competent authority for any \nother sentence imposed on him by such a court or tribunal; or \n(e) within a period of less than ten years before the date of the \nelection to the office of President he has been convicted and\nsentenced for an offence involving dishonesty or he has been \nfound guilty of the contravention of the Code of Conduct; or\n \n(f) he is an undischarged bankrupt, having been adjudged or \notherwise declared bankrupt under any law in force in Nigeria or \nany other country; or \n(g) being a person employed in the civil or public service of the \nFederation or of any State, he has not resigned, withdrawn or \nretired from the employment at least thirty days before the date \nof the election; or \n(h) he is a member of any secret society; or \n(i) he has been indicted for embezzlement or fraud by a Judicial \nCommission of Inquiry or an Administrative Panel of Inquiry or a \ntribunal set up under the Tribunals of Inquiry Act, a Tribunals of \nInquiry Law or any other law by the Federal or State Government \nwhich indictment has been accepted by the Federal or State \nGovernment, respectively; or \n(j) he has presented a forged certificate to the Independent \nNational Electoral Commission.\n(2) Where in respect of any person who has been - \n(a) adjudged to be a lunatic; \n(b) declared to be of unsound mind; \n(c) sentenced to death or imprisonment; or \n(d) adjudged or declared bankrupt, \nany appeal against the decision is pending in any court of law in \naccordance with any law in force in Nigeria, subsection (1) of this \nsection shall not apply during a period beginning from the date \nwhen such appeal is lodged and ending on the date when the \nappeal is finally determined or, as the case may be, the appeal \nlapses or is abandoned, whichever is earlier.\n[Section 137(1)(i) is \ndeleted by Constitution \nof the Federal Republic \nof Nigeria, 1999 (First \nAlteration Act) 2010]\n(3) A person who was sworn-in as President to complete the term \nfor which another person was elected as President shall not be \nelected to such office for more than a single term." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "138", |
| "title": "President:\tdisqualification\tfrom\tother\tjobs. ", |
| "content": "The President shall not, during his tenure of office, hold any other \nexecutive office or paid employment in any capacity whatsoever." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "139", |
| "title": "Determination of certain questions relating to election", |
| "content": "The National Assembly shall by an Act make provisions as respects \n- \n(a) persons who may apply to the Court of Appeal for the \ndetermination of any question as to whether- \n(i) any person has been validly elected to the office of President \nor Vice-President, \n(ii) the term of office of the President or Vice-President has \nceased, or \n(iii) the office of the President or Vice-President has become \nvacant;\n(b) circumstances and manner in which, and the conditions upon \nwhich such application may be made; and \n(c) powers, practice and procedure of the Court of Appeal in \nrelation to any such application." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "140", |
| "title": "Declaration of assets and liabilities; oaths of President", |
| "content": "(1) A person elected to the office of President shall not begin to \nperform the functions of that office until he has declared his assets \nand liabilities as prescribed in this Constitution and he has taken and \nsubscribed the Oath of Allegiance and the oath of office prescribed \nin the Seventh Schedule to this Constitution. \n[Seventh Schedule]\n(2) The oaths aforesaid shall be administered by the Chief Justice of \nNigeria or the person for the time being appointed to exercise the \nfunctions of that office. \n[Section 137(3) is \ninserted by Constitution \nof the Federal Republic \nof Nigeria, 1999 (Fourth \nAlteration No.16) Act \n2017]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "141", |
| "title": "Establishment\tof\toffice\tof\tVice-President\t", |
| "content": "There shall be for the Federation a Vice-President." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "142", |
| "title": "Nomination and election of Vice-President", |
| "content": "(1) In any election to which the foregoing provisions of this Part of this \nChapter relate, a candidate for an election to the office of President \nshall not be deemed to be validly nominated unless he nominates \nanother candidate as his associate from the same political party for \nhis running for the office of President, who is to occupy the office \nof Vice-President and that candidate shall be deemed to have \nbeen duly elected to the office of Vice-President if the candidate \nfor an election to the office of President who nominated him as \nsuch associate is duly elected as President in accordance with the \nprovisions aforesaid. \n(2) The provisions of this Part of this Chapter relating to qualification \nfor election, tenure of office, disqualification, declaration of assets \nand liabilities and oaths of President shall apply in relation to the \noffice of Vice-President as if references to President were references \nto Vice-President." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "143", |
| "title": "Removal\tof\tPresident\tfrom\toffice\t", |
| "content": "(1) The President or Vice-President may be removed from office in \naccordance with the provisions of this section. \n(2) Whenever a notice of any allegation in writing signed by not less \nthan one-third of the members of the National Assembly- \n(a) is presented to the President of the Senate;\n \n(b) stating that the holder of the office of President or Vice-\nPresident is guilty of gross misconduct in the performance of \nthe functions of his office, detailed particulars of which shall be \nspecified, \nthe President of the Senate shall within seven days of the receipt \nof the notice cause a copy thereof to be served on the holder of \nthe office and on each member of the National Assembly, and shall \nalso cause any statement made in reply to the allegation by the \nholder of the office to be served on each member of the National \nAssembly.\n(3) Within fourteen days of the presentation of the notice to the \nPresident of the Senate (whether or not any statement was made \nby the holder of the office in reply to the allegation contained in \nthe notice) each House of the National Assembly shall resolve by \nmotion without any debate whether or not the allegation shall be \ninvestigated. \n(4) A motion of the National Assembly that the allegation be \ninvestigated shall not be declared as having been passed, unless it \nis supported by the votes of not less than two-thirds majority of all \nthe members of each House of the National Assembly. \n(5) Within seven days of the passing of a motion under the foregoing \nprovisions, the Chief Justice of Nigeria shall at the request of the \nPresident of the Senate appoint a panel of seven persons who in his \nopinion are of unquestionable integrity, not being members of any \npublic service, legislative house or political party, to investigate the \nallegation as provided in this section. \n(6) The holder of an office whose conduct is being investigated \nunder this section shall have the right to defend himself in person \nand be represented before the panel by legal practitioners of his \nown choice. \n(7) A panel appointed under this section shall -\n(a) have such powers and exercise its functions in accordance \nwith such procedure as may be prescribed by the National \nAssembly; and\n \n(b) within three months of its appointment report its findings to \neach House of the National Assembly. \n(8) Where the panel reports to each House of the National Assembly \nthat the allegation has not been proved, no further proceedings \nshall be taken in respect of the matter. \n(9) Where the report of the panel is that the allegation against the \nholder of the office has been proved, then within fourteen days of \nthe receipt of the report, each House of the National Assembly\nshall consider the report, and if by a resolution of each House of the \nNational Assembly, supported by not less than two-thirds majority \nof all its members, the report of the panel is adopted, then the \nholder of the office shall stand removed from office as from the \ndate of the adoption of the report. \n(10) No proceedings or determination of the panel or of the National \nAssembly or any matter relating thereto shall be entertained or \nquestioned in any court. \n(11) In this section - \n\u201cgross misconduct\u201d means a grave violation or breach of the \nprovisions of this Constitution or a misconduct of such nature \nas amounts in the opinion of the National Assembly to gross \nmisconduct." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "144", |
| "title": "Permanent incapacity of President or Vice-President", |
| "content": "(1) The President or Vice-President shall cease to hold office, if - \n(a) by a resolution passed by two-thirds majority of all the \nmembers of the executive council of the Federation it is declared \nthat the President or Vice-President is incapable of discharging \nthe functions of his office; and \n(b) the declaration is verified, after such medical examination \nas may be necessary, by a medical panel established under \nsubsection (4) of this section in its report to the President of the \nSenate and the Speaker of the House of Representatives. \n(2) Where the medical panel certifies in the report that in its opinion \nthe President or Vice-President is suffering from such infirmity of \nbody or mind as renders him permanently incapable of discharging \nthe functions of his office, a notice thereof signed by the President \nof the Senate and the Speaker of the House of Representatives \nshall be published in the Official Gazette of the Government of the \nFederation. \n(3) The President or Vice-President shall cease to hold office as from \nthe date of publication of the notice of the medical report pursuant \nto subsection (2) of this section.\n(4) The medical panel to which this section relates shall be appointed \nby the President of the Senate, and shall comprise five medical \npractitioners in Nigeria- \n(a) one of whom shall be the personal physician of the holder of \nthe office concerned; and \n(b) four other medical practitioners who have, in the opinion of \nthe President of the Senate, attained a high degree of eminence \nin the field of medicine relative to the nature of the examination \nto be conducted in accordance with the foregoing provisions. \n(5) In this section, the reference to \u201c executive council of the \nFederation\u201d is a reference to the body of Ministers of the \nGovernment of the Federation, howsoever called, established \nby the President and charged with such responsibilities for the \nfunctions of government as the President may direct." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "145", |
| "title": "Acting President during temporary absence of President ", |
| "content": "(1) Whenever the President is proceeding on vacation or is otherwise \nunable to discharge the functions of his Office, he shall transmit a \nwritten declaration to the President of the Senate and the Speaker \nof the House of Representatives to that effect, and until he transmits \nto them a written declaration to the contrary, the Vice-President \nshall perform the functions of the President as Acting President. \n(2) In the event that the President is unable or fails to transmit the \nwritten declaration mentioned in subsection (1) of this section \nwithin 21 days, the National Assembly shall, by a resolution made \nby a simple majority of the vote of each House of the National \nAssembly, mandate the Vice-President to perform the functions of \nthe office of the President as Acting President until the President \ntransmits a letter to the President of the Senate and Speaker of the \nHouse of Representatives that he is now available to resume his \nfunctions as President." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "146", |
| "title": "Discharge of functions of President ", |
| "content": "(1) The Vice-President shall hold the office of President if the office \nof President becomes vacant by reason of death or resignation, \n[Section 145 is \nsubstituted by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (First \nAlteration Act) 2010]\nimpeachment, permanent incapacity or the removal of the President \nfrom office for any other reason in accordance with section 143 or \n144 of this Constitution. \n(2) Where any vacancy occurs in the circumstances mentioned in \nsubsection (1) of this section during a period when the office of \nVice-President is also vacant, the President of the Senate shall hold \nthe office of President for a period of not more than three months, \nduring which there shall be an election of a new President, who \nshall hold office for the unexpired term of office of the last holder \nof the office. \n(3) Where the office of Vice-President becomes vacant-\n(a) by reason of death or resignation, impeachment, permanent \nincapacity or removal in accordance with section 143 or 144 of \nthis Constitution;\n \n(b) by his assumption of the office of President in accordance \nwith subsection (1) of this section; or\n \n(c) for any other reason, \nthe President shall nominate and, with the approval of each House \nof the National Assembly, appoint a new Vice-President." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "147", |
| "title": "Ministers of Federal Government ", |
| "content": "(1) There shall be such offices of Ministers of the Government of the \nFederation as may be established by the President. \n(2) Any appointment to the office of Minister of the Government of \nthe Federation shall, if the nomination of any person to such office \nis confirmed by the Senate, be made by the President. \nProvided that no Ministerial nominee shall be confirmed by the \nSenate unless evidence of declaration of assets and liabilities of the \nnominee as prescribed in this Constitution is presented.\n(3) Any appointment under subsection (2) of this section by the \nPresident shall be in conformity with the provisions of section 14(3) \nof this Constitution- \n[Section 147(2) is altered \nby the Constitution of \nthe Federal Republic \nof Nigeria, 1999 (Fifth \nAlteration) (No. 23) Act, \n2023]\nProvided that in giving effect to the provisions aforesaid, the \nPresident shall appoint at least one Minister from each State, who \nshall be an indigene of such State. \n(4) Where a member of the National Assembly or of a House \nof Assembly is appointed as Minister of the Government of the \nFederation, he shall be deemed to have resigned his membership \nof the National Assembly or of the House of Assembly on his taking \nthe oath of office as Minister. \n(5) No person shall be appointed as a Minister of the Government \nof the Federation unless he is qualified for election as a member of \nthe House of Representatives. \n(6) An appointment to any of the offices aforesaid shall be deemed \nto have been made where no return has been received from the \nSenate within twenty-one working days of the receipt of nomination \nby the Senate. \n(7) Notwithstanding the provision of subsection (2) of this section, \nthe nomination of any person to the office of a Minister for \nconfirmation by the Senate shall be done within sixty days after the \ndate the President has taken the oath of office:\nProvided that the President may appoint a Minister at any other \ntime during his tenure and such appointment shall be subject to \nconfirmation by the Senate." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "148", |
| "title": "Executive responsibilities of Ministers ", |
| "content": "(1) The President may, in his discretion, assign to the Vice-President \nor any Minister of the Government of the Federation responsibility \nfor any business of the Government of the Federation, including \nthe administration of any department of government. \n(2) The President shall hold regular meetings with the Vice-President \nand all the Ministers of the Government of the Federation for the \npurposes of - \n(a) determining the general direction of domestic and foreign \npolicies of the Government of the Federation; \n[Subsection (7) is \ninserted by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No. 23) Act, \n2023]\n(b) co-ordinating the activities of the President, the Vice-President \nand the Ministers of the Government of the Federation in the \ndischarge of their executive responsibilities; and \n(c) advising the President generally in discharge of his executive \nfunctions other than those functions with respect to which he is \nrequired by this Constitution to seek the advice or act on the \nrecommendation of any other person or body." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "149", |
| "title": "Declaration of assets and liabilities; oaths of Ministers ", |
| "content": "A Minister of the Government of the Federation shall not enter \nupon the duties of his office, unless he has declared his assets and \nliabilities as prescribed in this Constitution and has subsequently \ntaken and subscribed the Oath of Allegiance and the oath for the \ndue execution of the duties of his office prescribed in the Seventh \nSchedule to this Constitution. \n[Seventh Schedule]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "150", |
| "title": "Attorney-General of the Federation ", |
| "content": "(1) There shall be an Attorney-General of the Federation who shall \nbe the Chief Law Officer of the Federation and a Minister of the \nGovernment of the Federation.\n \n(2) A person shall not be qualified to hold or perform the functions \nof the office of the Attorney-General of the Federation unless he is \nqualified to practise as a legal practitioner in Nigeria and has been \nso qualified for not less than ten years." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "151", |
| "title": "Special Advisers", |
| "content": "(1) The President may appoint any person as a Special Adviser to \nassist him in the performance of his functions. \n(2) The number of such Advisers and their remuneration and \nallowances shall be as prescribed by law or by resolution of the \nNational Assembly. \n(3) Any appointment made pursuant to the provisions of this section \nshall be at the pleasure of the President and shall cease when the \nPresident ceases to hold office." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "152", |
| "title": "Declaration of assets and liabilities; oath of Special Adviser", |
| "content": "A person appointed as Special Adviser under section 151 of this \nConstitution shall not begin to perform the functions of his office \nuntil he has declared his assets and liabilities as prescribed in this \nConstitution and has subsequently taken and subscribed the Oath \nof Allegiance and oath of office prescribed in the Seventh Schedule \nto this Constitution. \n[Seventh Schedule]\nB - Establishment of certain Federal Executive Bodies" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "153", |
| "title": "Federal Commissions and Councils, etc.", |
| "content": "(1) There shall be established for the Federation the following \nbodies, namely-\n(a) Code of Conduct Bureau;\n(b) Council of State;\n(c) Federal Character Commission;\n(d) Federal Civil Service Commission;\n(e) Federal Judicial Service Commission;\n(f) Independent National Electoral Commission;\n(g) National Defence Council;\n(h) National Economic Council;\n(i) National Judicial Council;\n(j) National Population Commission;\n(k) National Security Council;\n(l) Nigeria Police Council;\n(m) Police Service Commission; and\n(n) Revenue Mobilisation Allocation and Fiscal Commission.\n(2) The composition and powers of each body established by \nsubsection (1) of this section are as contained in Part 1 of the Third \nSchedule to this Constitution.\n[Part I Third Schedule]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "154", |
| "title": "Appointment of Chairman and members", |
| "content": "(1) Except in the case of ex-officio members or where other provisions \nare made in this Constitution, the Chairman and members of any \nof the bodies so established shall, subject to the provisions of this\nConstitution, be appointed by the President and the appointment \nshall be subject to confirmation by the Senate.\n(2) In exercising his powers to appoint a person as Chairman or \nmember of the Council of State or the National Defence Council or \nthe National Security Council, the President shall not be required to \nobtain the confirmation of the Senate.\n \n(3) In exercising his powers to appoint a person as Chairman or \nmember of the Independent National Electoral Commission, \nNational Judicial Service Council, the Federal Judicial Service \nCommission or the National Population Commission, the President \nshall consult the Council of State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "155", |
| "title": "T enure\tof\toffice\tof\tmembers", |
| "content": "(1) A person who is a member of any of the bodies established \nas aforesaid shall, subject to the provisions of this Part, remain a \nmember thereof - \n(a) in the case of an ex-officio member, whilst he holds the office \nby virtue of which he is a member of the body; \n(b) in the case of a person who is a member by virtue of his \nhaving previously held an office, for the duration of his life; and \n(c) in the case of a person who is a member otherwise than as \nex-officio member or otherwise than by virtue of his having \npreviously held an office, for a period of five years from the date \nof his appointment.\n(2) A member of any of the bodies shall cease to be member if \nany circumstances arise that, if he were not a member of the body, \nwould cause him to be disqualified for appointment as such a \nmember." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "156", |
| "title": "Qualification\tfor\tmembership", |
| "content": "(1) No person shall be qualified for appointment as a member of \nany of the bodies aforesaid if -\n(a) he is not qualified or if he is disqualified for election as a \nmember of the House of Representatives; provided that a \nmember of any of these bodies shall not be required to belong \nto a political party, and in the case of the Independent National \nElectoral Commission, he shall not be a member of a political \nparty.\n(b) within the preceding ten years, he has been removed as a \nmember of any of the bodies or as the holder of any other office \non the ground of misconduct.\n(2) Any person employed in the public service of the Federation \nshall not be disqualified for appointment as Chairman or member \nof any of such bodies: \nProvided that where such person has been duly appointed he shall, \non his appointment, be deemed to have resigned his former office \nas from the date of the appointment. \n(3) No person shall be qualified for appointment to any of the \nbodies aforesaid if, having previously been appointed as a member \notherwise than as an ex-officio member of that body, he has been \nre-appointed for a further term as a member of the same body." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "157", |
| "title": "Removal of members", |
| "content": "(1) Subject to the provisions of subsection (3) of this section, a \nperson holding any of the offices to which this section applies may \nonly be removed from that office by the President acting on an \naddress supported by two-thirds majority of the Senate praying \nthat he be so removed for inability to discharge the functions of the \noffice (whether arising from infirmity of mind or body or any other \ncause) or for misconduct. \n(2) This section applies to the offices of the Chairman and \nmembers of the Code of Conduct Bureau, the Federal Civil Service \nCommission, the Independent National Electoral Commission, the \nNational Judicial Council, the Federal Judicial Service Commission, \nthe Federal Character Commission, the Nigeria Police Council, \nthe National Population Commission, the Revenue Mobilisation \nAllocation and Fiscal Commission and the Police Service \nCommission. \n[Section 156(1(a) \nis altered by the \nConstitution of Federal \nRepublic of Nigeria \n(First Alteration Act) \n2010]\n(3) All members of the National Population Commission shall cease \nto be members if the President declares a National Census Report \nas unreliable and the report is rejected in accordance with section \n213 of this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "158", |
| "title": "Independence of certain bodies", |
| "content": "(1) In exercising its power to make appointments or to exercise \ndisciplinary control over persons, the Code of Conduct Bureau, the \nNational Judicial Council, the Federal Civil Service Commission, \nthe Federal Judicial Service Commission, the Revenue Mobilisation \nand Fiscal Commission, the Federal Character Commission, and the \nIndependent National Electoral Commission shall not be subject to \nthe direction or control of any other authority or person. \n(2) The National Population Commission shall not be subject to the \ndirection or control of any other authority or person- \n(a) in appointing, training or arranging for the training of \nenumerators or other staff of the Commission to assist it in the \nconduct of any population census; \n(b) in deciding whether or not to accept or revise the return of \nany officer of the said Commission concerning the population \ncensus in any area or part of the Federation; \n(c) in carrying out the operation of conducting the census; and \n(d) in compiling its report of a national census for publication." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "159", |
| "title": "Quorum and decisions ", |
| "content": "(1) The quorum for a meeting of any of the bodies established by \nsection 153 of this Constitution shall be not less than one-third \nof the total number of members of that body at the date of the \nmeeting. \n(2) A member of such a body shall be entitled to one vote, and a \ndecision of the meeting may be taken and any act or thing may \nbe done in the name of that body by a majority of the members \npresent at the meeting.\n(3) Whenever such body is assembled for a meeting, the Chairman \nor other person presiding shall, in all matters in which a decision is \ntaken by vote (by whatever name such vote may be called) have a \ncasting as well as a deliberative vote. \n(4) Subject to its rules of procedure, any such body may act or take \npart in any decision notwithstanding any vacancy in its membership \nor the absence of any member." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "160", |
| "title": "Powers and procedure ", |
| "content": "(1) Subject to subsection (2) of this section, any of the bodies may, \nwith the approval of the President, by rules or otherwise regulate its \nown procedure or confer powers and impose duties on any officer \nor authority for the purpose of discharging its functions, provided \nthat in the case of the Independent National Electoral Commission, \nits powers to make its own rules or otherwise regulate its own \nprocedure shall not be subject to the approval or control of the \nPresident. \n(2) In the exercise of any powers under subsection (1) of this section, \nany such body shall not confer powers or impose duties on any \nofficer or authorities of a State except with the approval of the \nGovernor of the State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "161", |
| "title": "Interpretation", |
| "content": "In this Part of this Chapter, unless the context otherwise requires \u2013\n(a) any reference to \u201cex-officio member\u201d shall be construed as \na reference to a person who is a member by virtue of his holding \nor performing, the functions of an office in the public service of \nthe Federation; \n(b) \u201c office\u201d means an office in the public service of the \nFederation; \n(c) any reference to \u201cmember\u201d of a body established by section \n153 of this Constitution shall be construed as including a \nreference to the Chairman of that body; and \n[Section 160(1) \nis altered by the \nConstitution of Federal \nRepublic of Nigeria \n(First Alteration Act) \n2010]\n(d) \u201cmisconduct\u201d means a breach of the Oath of Allegiance or \noath of office of a member or a breach of the provisions of this \nConstitution or bribery or corruption or false declaration of assets \nand liabilities or conviction for treason or treasonable felony. \nC - Public Revenue" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "162", |
| "title": "Distributable pool account ", |
| "content": "(1) The Federation shall maintain a special account to be called \u201cthe \nFederation Account\u201d into which shall be paid all revenues collected \nby the Government of the Federation, except the proceeds from \nthe personal income tax of the personnel of the armed forces of the \nFederation, the Nigeria Police Force, the Ministry or department of \ngovernment charged with responsibility for Foreign Affairs and the \nresidents of the Federal Capital Territory, Abuja. \n(2) The President, upon the receipt of advice from the Revenue \nMobilisation Allocation and Fiscal Commission, shall table before \nthe National Assembly proposals for revenue allocation from the \nFederation Account, and in determining the formula, the National \nAssembly shall take into account, the allocation principles especially \nthose of population, equality of States, internal revenue generation, \nland mass, terrain as well as population density:\nProvided that the principle of derivation shall be constantly reflected \nin any approved formula as being not less than thirteen per cent of \nthe revenue accruing to the Federation Account directly from any \nnatural resources. \n(3) Any amount standing to the credit of the Federation Account \nshall be distributed among the Federal and State Governments \nand the local government councils in each State on such terms and \nin such manner as may be prescribed by the National Assembly. \n(4) Any amount standing to the credit of the States in the Federation \nAccount shall be distributed among the States on such terms and in \nsuch manner as may be prescribed by the National Assembly.\n(5) The amount standing to the credit of local government councils \nin the Federation Account shall also be allocated to the States for \nthe benefit of their local government councils on such terms and in \nsuch manner as may be prescribed by the National Assembly. \n(6) Each State shall maintain a special account to be called \u201cthe \nState Joint Local Government Account\u201d into which shall be paid all \nallocations to the local government councils of the State from the \nFederation Account and from the Government of the State. \n(7) Each State shall pay to local government councils in its area of \njurisdiction such proportion of its total revenue on such terms and \nin such manner as may be prescribed by the National Assembly. \n(8) The amount standing to the credit of local government councils \nof a State shall be distributed among the local government councils \nof that State on such terms and in such manner as may be prescribed \nby the House of Assembly of the State. \n(9) Any amount standing to the credit of the judiciary in the \nFederation Account shall be paid directly to the National Judicial \nCouncil for disbursement to the heads of courts established for the \nFederation and the States under section 6 of this Constitution. \n(10) For the purpose of subsection (1) of this section, \u201c revenue\u201d \nmeans any income or return accruing to or derived by the \nGovernment of the Federation from any source and includes - \n(a) any receipt, however described, arising from the operation \nof any law; \n(b) any return, however described, arising from or in respect of \nany property held by the Government of the Federation; \n(c) any return by way of interest on loans and dividends in respect \nof shares or interest held by the Government of the Federation \nin any company or statutory body." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "163", |
| "title": "Allocation of other revenues ", |
| "content": "Where under an Act of the National Assembly, tax or duty is \nimposed in respect of any of the matters specified in item D of Part \nII of the Second Schedule to this Constitution, the net proceeds of \nsuch tax or duty shall be distributed among the States on the basis \nof derivation and accordingly \u2013 \n[Item D, Part II Second Schedule]\n(a) where such tax or duty is collected by the Government of a \nState or other authority of the State, the net proceeds shall be \ntreated as part of the Consolidated Revenue Fund of that State;\n \n(b) where such tax or duty is collected by the Government of the \nFederation or other authority of the Federation, there shall be \npaid to each State at such times as the National Assembly may \nprescribe a sum equal to the proportion of the net proceeds of \nsuch tax or duty that are derived from that State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "164", |
| "title": "Federal grants-in-aid of State revenue", |
| "content": "(1) The Federation may make grants to a State to supplement the \nrevenue of that State in such sum and subject to such terms and \nconditions as may be prescribed by the National Assembly. \n(2) The Federation may make external grants to a foreign State or \nany international body in furtherance of the foreign policy objectives \nof Nigeria in such sum and subject to such terms and conditions as \nmay be prescribed by the National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "165", |
| "title": "Cost of collection of certain duties ", |
| "content": "Each State shall, in respect of each financial year, pay to the \nFederation an amount equal to such part of the expenditure \nincurred by the Federation during that financial year for the purpose \nof collection of taxes or duties which are wholly or partly payable to \nthe State pursuant to the provisions of this Part of this Chapter or of \nany Act of the National Assembly as is proportionate to the share \nof the proceeds of those taxes or duties received by the State in \nrespect of that financial year." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "166", |
| "title": "Set-off", |
| "content": "(1) Any payment that is required by this Part of this Chapter to be \nmade by the Federation to a State may be set-off by the Federation \nin or towards payment of any sum that is due from that State to the \nFederation in respect of any loan made by the Federation to that \nState. \n(2) The right of set-off conferred by subsection (1) of this section \nshall be without prejudice to any other right of the Federation to \nobtain payment of any sum due to the Federation in respect of any \nloan." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "167", |
| "title": "Sums charged on Consolidated Revenue Fund ", |
| "content": "Any payment that is required by this Part of this Chapter to be \nmade by the Federation to a State shall be a charge upon the \nConsolidated Revenue Fund of the Federation and any payment \nthat is so required to be made by a State to the Federation shall be \na charge upon the Consolidated Revenue Fund of that State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "168", |
| "title": "Provisions with regard to payments ", |
| "content": "(1) Where any payment falls to be made under this Part of this \nChapter, the amount payable shall be certified by the Auditor-\nGeneral for the Federation:\nProvided that a provisional payment may be made before the \nAuditor-General has given his certificate. \n(2) The National Assembly may prescribe the time at and manner in \nwhich any payment falling to be made under this Part of this Chapter \nshall be effected and provide for the making of adjustments and \nprovisional payment. \nD - The public service of the Federation" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "169", |
| "title": "Establishment of civil service of the Federation ", |
| "content": "There shall be a civil service of the Federation." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "170", |
| "title": "Federal Civil Service Commission: power to delegate ", |
| "content": "functions \nSubject to the provisions of this Constitution, the Federal Civil \nService Commission may, with the approval of the President and \nsubject to such conditions as it may deem fit, delegate any of the \npowers conferred upon it by this Constitution to any of its members \nor to any officer in the civil service of the Federation." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "171", |
| "title": "Presidential appointments ", |
| "content": "(1) Power to appoint persons to hold or act in the offices to which \nthis section applies and to remove persons so appointed from any \nsuch office shall vest in the President. \n(2) The offices to which this section applies are, namely \u2013 \n(a) Secretary to the Government of the Federation; \n(b) Head of the Civil Service of the Federation; \n(c) Ambassador, High Commissioner or other Principal \nRepresentative of Nigeria abroad;\n \n(d) Permanent Secretary in any Ministry or Head of any Extra-\nMinisterial Department of the Government of the Federation \nhowsoever designated; and\n \n(e) any office on the personal staff of the President. \n(3) An appointment to the office of the Head of the Civil Service of \nthe Federation shall not be made except from among Permanent \nSecretaries or equivalent rank in the civil service of the Federation \nor of a State. \n(4) An appointment to the office of Ambassador, High Commissioner \nor other Principal Representative of Nigeria abroad shall not have \neffect unless the appointment is confirmed by the Senate. \n(5) In exercising his powers of appointment under this section, the \nPresident shall have regard to the federal character of Nigeria and \nthe need to promote national unity.\n(6) Any appointment made pursuant to paragraphs (a) and (e) of \nsubsection (2) of this section shall be at the pleasure of the President \nand shall cease when the President ceases to hold office:\nProvided that where a person has been appointed from a public \nservice of the Federation or a State, he shall be entitled to return \nto the public service of the Federation or of the State when the \nPresident ceases to hold office." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "172", |
| "title": "Code of Conduct", |
| "content": "A person in the public service of the Federation shall observe and \nconform to the Code of Conduct." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "173", |
| "title": "Protection of pension rights ", |
| "content": "(1) Subject to the provisions of this Constitution, the right of a \nperson in the public service of the Federation to receive pension or \ngratuity shall be regulated by law. \n(2) Any benefit to which a person is entitled in accordance with or \nunder such law as is referred to in subsection (1) of this section, shall \nnot be withheld or altered to his disadvantage except to such extent \nas is permissible under any law, including the Code of Conduct. \n(3) Pensions shall be reviewed every five years or together with any \nFederal civil service salary reviews, whichever is earlier. \n(4) Pensions in respect of service in the public service of the \nFederation shall not be taxed." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "174", |
| "title": "Public prosecutions", |
| "content": "(1) The Attorney-General of the Federation shall have power - \n(a) to institute and undertake criminal proceedings against any \nperson before any court of law in Nigeria, other than a court-\nmartial, in respect of any offence created by or under any Act of \nthe National Assembly; \n(b) to take over and continue any such criminal proceedings that \nmay have been instituted by any other authority or person; and\n(c) to discontinue at any stage before judgment is delivered any \nsuch criminal proceedings instituted or undertaken by him or \nany other authority or person. \n(2) The powers conferred upon the Attorney-General of the \nFederation under subsection (1) of this section may be exercised \nby him in person or through officers of his department. \n(3) In exercising his powers under this section, the Attorney-General \nof the Federation shall have regard to the public interest, the \ninterest of justice and the need to prevent abuse of legal process." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "175", |
| "title": "Prerogative of mercy ", |
| "content": "(1) The President may -\n(a) grant any person concerned with or convicted of any offence \ncreated by an Act of the National Assembly a pardon, either free \nor subject to lawful conditions; \n(b) grant to any person a respite, either for an indefinite or for a \nspecified period, of the execution of any punishment imposed \non that person for such an offence; \n(c) substitute a less severe form of punishment for any punishment \nimposed on that person for such an offence; or \n(d) remit the whole or any part of any punishment imposed on \nthat person for such an offence or of any penalty or forfeiture \notherwise due to the State on account of such an offence. \n(2) The powers of the President under subsection (1) of this section \nshall be exercised by him after consultation with the Council of \nState. \n(3) The President, acting in accordance with the advice of the \nCouncil of State, may exercise his powers under subsection (1) of \nthis section in relation to persons concerned with offences against \nthe army, naval or air-force law or convicted or sentenced by a \ncourt-martial.\nPART II\nState Executive\nA - The Governor of a State" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "176", |
| "title": "Establishment\tof\tthe\toffice\tof\tGovernor", |
| "content": "(1) There shall be for each State of the Federation a Governor. \n(2) The Governor of a State shall be the Chief Executive of that \nState." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "177", |
| "title": "Qualification\tfor\telection\tas\tGovernor", |
| "content": "A person shall be qualified for election to the office of Governor of \na State if- \n(a) he is a citizen of Nigeria by birth; \n(b) he has attained the age of thirty-five years; \n(c) he is a member of a political party and is sponsored by that \npolitical party; and \n(d) he has been educated up to at least School Certificate level \nor its equivalent." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "178", |
| "title": "Election of Governor: general", |
| "content": "(1) An election to the office of Governor of a State shall be held \non a date to be appointed by the Independent National Electoral \nCommission in accordance with the Electoral Act. \n(2) An election to the office of Governor of a State shall be held \non a date not earlier than one hundred and fifty days and not later \nthan thirty days before the expiration of the term of office of the last \nholder of that office. \n(3) Where, in an election to the office of Governor of a State, \none of the two or more candidates nominated for the election \nis the only candidate after the close of nomination, by reason of \nthe disqualification, withdrawal, incapacitation, disappearance or \n[Section 178 (1) and \n(2) are altered by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (First \nAlteration Act) 2010]; \n[Section 178 (2) is \naltered by Constitution \nof the Federal Republic \nof Nigeria, 1999 (Second \nAlteration Act) 2010]\ndeath of the other candidates, the Independent National Electoral \nCommission shall extend the time for nomination. \n(4) For the purpose of an election under this section a State shall be \nregarded as one constituency. \n(5) Every person who is registered to vote at an election of a member \nof a legislative house shall be entitled to vote at an election to the \noffice of Governor of a State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "179", |
| "title": "Election: single candidate and two or more candidates", |
| "content": "(1) A candidate for an election to the office of Governor of a State \nshall be deemed to have been duly elected to such office where, \nbeing the only candidate nominated for the election- \n(a) he has a majority of YES votes over NO votes cast at the \nelection; and \n(b) he has not less than one-quarter of the votes cast at the \nelection in each of at least two-thirds of all the local government \nareas in the State, but where the only candidate fails to be \nelected in accordance with this section, then there shall be fresh \nnominations.\n(2) A candidate for an election to the office of Governor of a State \nshall be deemed to have been duly elected where, there being two \nor more candidates - \n(a) he has the highest number of votes cast at the election; and\n \n(b) he has not less than one-quarter of all the votes cast in each \nof at least two-thirds of all the local government areas in the \nState.\n(3) In default of a candidate duly elected in accordance with \nsubsection (2) of this section, there shall be a second election in \naccordance with subsection (4) of this section at which the only \ncandidates shall be - \n(a) the candidate who secured the highest number of votes cast \nat the election; and\n(b) one among the remaining candidates who secured a majority \nof votes in the highest number of local government areas in the \nState, so however that where there are more than one candidate \nwith a majority of votes in the highest number of local government \nareas, the candidate among them with the next highest total of \nvotes cast at the election shall be the second candidate.\n(4) In default of a candidate duly elected under subsection (2) of \nthis section, the Independent National Electoral Commission shall \nwithin twenty-one days of the result of the election held under that \nsubsection, arrange for an election between the two candidates \nand a candidate at such election shall be deemed to have been \nduly elected to the office of Governor of a State if - \n(a) he has a majority of the votes cast at the election; and \n(b) he has not less than one-quarter of the votes cast at the \nelection in each of at least two-thirds of all the local government \nareas in the State.\n(5) In default of a candidate duly elected under subsection (4) of \nthis section, the Independent National Electoral Commission shall \nwithin twenty-one days of the result of the election held under \nthat subsection, arrange for another election between the two \ncandidates to which that sub-paragraph relates and a candidate \nat such election shall be deemed to have been duly elected to the \noffice of Governor of a State if he has a majority of the votes cast \nat the election." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "180", |
| "title": "T enure\tof\toffice\tof\tGovernor", |
| "content": "(1) Subject to the provisions of this Constitution, a person shall hold \nthe office of Governor of a State until - \n(a) when his successor in office takes the oath of that office; or \n(b) he dies whilst holding such office; or \n(c) the date when his resignation from office takes effect; or \n[Section 179 (4) and \n(5) are altered by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fourth \nAlteration No.9) Act \n2017]\n(d) he otherwise ceases to hold office in accordance with the \nprovisions of this Constitution.\n(2) Subject to the provisions of subsection (1) of this section, the \nGovernor shall vacate his office at the expiration of a period of four \nyears commencing from the date when - \n(a) in the case of a person first elected as Governor under this \nConstitution, he took the Oath of Allegiance and oath of office; \nand \n(b) the person last elected to that office took the Oath of \nAllegiance and oath of office or would, but for his death, have \ntaken such oaths.\n(2A) In the determination of the four year term, where a re-run \nelection has taken place and the person earlier sworn in wins the \nre-run election, the time spent in office before the date the election \nwas annulled shall be taken into account.\n(3) If the Federation is at war in which the territory of Nigeria is \nphysically involved and the President considers that it is not \npracticable to hold elections, the National Assembly may by \nresolution extend the period of four years mentioned in subsection \n(2) of this section from time to time, but no such extension shall \nexceed a period of six months at any one time." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "181", |
| "title": "Death,\tetc.,\tof\tGovernor-elect\tbefore\toath\tof\toffice", |
| "content": "(1) If a person duly elected as Governor dies before taking and \nsubscribing the Oath of Allegiance and oath of office, or is unable \nfor any reason whatsoever to be sworn in, the person elected with \nhim as Deputy Governor shall be sworn in as Governor and he shall \nnominate a new Deputy Governor who shall be appointed by the \nGovernor with the approval of a simple majority of the House of \nAssembly of the State. \n(2) Where the persons duly elected as Governor and Deputy \nGovernor of a State die or are for any reason unable to assume \n[Section 180(2A) is \ninserted by Constitution \nof the Federal Republic \nof Nigeria, 1999 (First \nAlteration Act) 2010]\noffice before the inauguration of the House of Assembly, the \nIndependent National Electoral Commission shall immediately \nconduct an election for a Governor and Deputy Governor of the \nState." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "182", |
| "title": "Disqualifications", |
| "content": "(1) No person shall be qualified for election to the office of Governor \nof a State if - \n(a) subject to the provisions of section 28 of this Constitution, he \nhas voluntarily acquired the citizenship of a country other than \nNigeria or, except in such cases as may be prescribed by the \nNational Assembly, he has made a declaration of allegiance to \nsuch other country; or \n(b) he has been elected to such office at any two previous \nelections; or \n(c) under the law in any part of Nigeria, he is adjudged to be a \nlunatic or otherwise declared to be of unsound mind; or \n(d) he is under a sentence of death imposed by any competent \ncourt of law or tribunal in Nigeria or a sentence of imprisonment \nfor any offence involving dishonesty or fraud (by whatever name \ncalled) or any other offence imposed on him by any court or \ntribunal or substituted by a competent authority for any other \nsentence imposed on him by such a court or tribunal; or \n(e) within a period of less than ten years before the date of election \nto the office of Governor of a State he has been convicted and \nsentenced for an offence involving dishonesty or he has been \nfound guilty of the contravention of the code of Conduct; or \n(f) he is an undischarged bankrupt, having been adjudged or \notherwise declared bankrupt under any law in force in Nigeria; \nor \n(g) being a person employed in the public service of the \nFederation or of any State, he has not resigned, withdrawn or \nretired from the employment at least thirty days to the date of \nthe election; or\n(h) he is a member of any secret society; or \n(i) he has been indicted for embezzlement or fraud by a Judicial \nCommission of Inquiry or an Administrative Panel of Inquiry or a \ntribunal set up under the Tribunals of Inquiry Act, a Tribunals of \nInquiry Law or any other law by the Federal or State Government \nwhich indictment has been accepted by the Federal or State \nGovernment, respectively; or\n[Cap T.21]\n(j) he has presented a forged certificate to the Independent \nNational Electoral Commission.\n(2) Where in respect of any person who has been \n(a) adjudged to be a lunatic; \n(b) declared to be of unsound mind; \n(c) sentenced to death or imprisonment; or \n(d) adjudged or declared bankrupt,\nan appeal against the decision is pending in any court of law in \naccordance with any law in force in Nigeria, subsection (1) of this \nsection shall not apply during a period beginning from the date \nwhen such appeal is lodged and ending on the date when the \nappeal is finally determined or, as the case may be, the appeal \nlapses or is abandoned, whichever is earlier.\n(3) A person who was sworn-in as Governor to complete the term \nfor which another person was elected as Governor shall not be \nelected to such office for more than a single term." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "183", |
| "title": "Governor:\tdisqualification\tfrom\tother\tjobs\t", |
| "content": "The Governor shall not, during the period when he holds office, \nhold any other executive office or paid employment in any capacity \nwhatsoever. \n[Section 182(1)(i) is \ndeleted by Constitution \nof the Federal Republic \nof Nigeria, 1999 (First \nAlteration Act) 2010]\n[Section 182(3) \nis inserted by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fourth \nAlteration No.16) Act \n2017]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "184", |
| "title": "Determination of certain questions relating to elections", |
| "content": "The National Assembly shall make provisions in respect of -\n(a) persons who may apply to an election tribunal for the \ndetermination of any question as to whether- \n(i) any person has been validly elected to the office of Governor \nor Deputy Governor, \n(ii) the term of office of a Governor or Deputy Governor has \nceased, or \n(iii) the office of Deputy Governor has become vacant;\n(b) circumstances and manner in which, and the conditions upon \nwhich such application may be made; and \n(c) powers, practice and procedure of the election tribunal in \nrelation to any such application." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "185", |
| "title": "Declaration\tof\tassets\tand\tliabilities:\toaths\tof\toffice\tof\t\t \t", |
| "content": "Governor\n(1) A person elected to the office of the Governor of a State shall \nnot begin to perform the functions of that until he has declared \nhis assets and liabilities as prescribed in the Constitution and has \nsubsequently taken and subscribed the Oath of Allegiance and oath \nof office prescribed in the Seventh Schedule to this Constitution. \n[Seventh Schedule]\n(2) The Oath of Allegiance and the oath of office shall be \nadministered by the Chief Judge of the State or Grand Kadi of \nthe Sharia Court of Appeal of the State, if any or President of the \nCustomary Court of Appeal of the State, if any, or the person for the \ntime being respectively appointed to exercise the functions of any \nof those offices in any State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "186", |
| "title": "Establishment\tof\tthe\toffice\tof\tthe\tDeputy\tGovernor\t", |
| "content": "There shall be for each State of the Federation a Deputy Governor." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "187", |
| "title": "Nomination and election of the Deputy Governor ", |
| "content": "(1) In any election to which the foregoing provisions of this Part \nof this Chapter relate, a candidate for the office of Governor of a\nState shall not be deemed to have been validly nominated for such \noffice unless he nominates another candidate as his associate for \nhis running for the office of Governor, who is to occupy the office \nof Deputy Governor; and that candidate shall be deemed to have \nbeen duly elected to the office of Deputy Governor if the candidate \nwho nominated him is duly elected as Governor in accordance with \nthe said provisions. \n(2) The provisions of this Part of this Chapter relating to qualification \nfor election, tenure of office, disqualifications, declaration of assets \nand liabilities and Oath of Governor shall apply in relation to \nthe office of Deputy Governor as if references to Governor were \nreferences to Deputy Governor." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "188", |
| "title": "Removal\tof\tGovernor\tor\tDeputy\tGovernor\tfrom\toffice", |
| "content": "(1) The Governor or Deputy Governor of a State may be removed \nfrom office in accordance with the provisions of this section.\n \n(2) Whenever a notice of any allegation in writing signed by not less \nthan one-third of the members of the House of Assembly-\n(a) is presented to the Speaker of the House of Assembly of the \nState;\n(b) stating that the holder of such office is guilty of gross \nmisconduct in the performance of the functions of his office, \ndetailed particulars of which shall be specified, \nthe Speaker of the House of Assembly shall, within seven days of \nthe receipt of the notice, cause a copy of the notice to be served \non the holder of the office and on each member of the House of \nAssembly, and shall also cause any statement made in reply to the \nallegation by the holder of the office, to be served on each member \nof the House of Assembly. \n(3) Within fourteen days of the presentation of the notice to the \nSpeaker of the House of Assembly (whether or not any statement \nwas made by the holder of the office in reply to the allegation \ncontained in the notice), the House of Assembly shall resolve by \nmotion, without any debate, whether or not the allegation shall be \ninvestigated.\n(4) A motion of the House of Assembly that the allegation be \ninvestigated shall not be declared as having been passed unless it \nis supported by the votes of not less than two-thirds majority of all \nthe members of the House of Assembly. \n(5) Within seven days of the passing of a motion under the foregoing \nprovisions of this section, the Chief judge of the State shall at the \nrequest of the Speaker of the House of Assembly, appoint a panel \nof seven persons who in his opinion are of unquestionable integrity, \nnot being members of any public service, legislative house or \npolitical party, to investigate the allegation as provided in this \nsection. \n(6) The holder of an office whose conduct is being investigated \nunder this section shall have the right to defend himself in person \nor be represented before the panel by a legal practitioner of his \nown choice. \n(7) A panel appointed under this section shall \u2013\n(a) have such powers and exercise its functions in accordance \nwith such procedure as may be prescribed by the House of \nAssembly; and\n \n(b) within three months of its appointment, report its findings to \nthe House of Assembly. \n(8) Where the panel reports to the House of Assembly that the \nallegation has not been proved, no further proceedings shall be \ntaken in respect of the matter. \n(9) Where the report of the panel is that the allegation against the \nholder of the office has been proved, then within fourteen days of \nthe receipt of the report, the House of Assembly shall consider the \nreport, and if by a resolution of the House of Assembly, supported \nby not less than two-thirds majority of all its members, the report \nof the panel is adopted, then the holder of the office shall stand \nremoved from office as from the date of the adoption of the report.\n(10) No proceedings or determination of the panel or of the \nHouse of Assembly or any matter relating to such proceedings or \ndetermination shall be entertained or questioned in any court. \n(11) In this section - \n\u201cgross misconduct \u201d means a grave violation or breach of the \nprovisions of this Constitution or a misconduct of such nature \nas amounts in the opinion in the House of Assembly to gross \nmisconduct." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "189", |
| "title": "Permanent incapacity of Governor or Deputy Governor ", |
| "content": "(1) The Governor or Deputy Governor of a State shall cease to hold \noffice if-\n(a) by a resolution passed by two-thirds majority of all members \nof the executive council of the State, it is declared that the \nGovernor or Deputy Governor is incapable of discharging the \nfunctions of his office; and \n(b) the declaration in paragraph (a) of this subsection is verified, \nafter such medical examination as may be necessary, by a \nmedical panel established under subsection (4) of this section in \nits report to the Speaker of the House of Assembly. \n(2) Where the medical panel certifies in its report that in its opinion \nthe Governor or Deputy Governor is suffering from such infirmity of \nbody or mind as renders him permanently incapable of discharging \nthe functions of his office, a notice thereof signed by the Speaker \nof the House of Assembly shall be published in the Official Gazette \nof the Government of the State. \n(3) The Governor or Deputy Governor shall cease to hold office \nas from the date of publication of the notice of the medical report \npursuant to subsection (2) of this section. \n(4) The medical panel to which this section relates shall be appointed \nby the Speaker of the House of Assembly of the State, and shall \ncomprise five medical practitioners in Nigeria \u2013 \n(a) one of whom shall be the personal physician of the holder of \nthe office concerned; and\n(b) four other medical practitioners who have, in the opinion of \nthe Speaker of the House of Assembly, attained a high degree \nof eminence in the field of medicine relative to the nature of the \nexamination to be conducted in accordance with the foregoing \nprovisions of this section. \n(5) In this section, the reference to \u201cexecutive council of the State\u201d \nis a reference to the body of Commissioners of the Government \nof the State, howsoever called, established by the Governor and \ncharged with such responsibilities for the functions of Government \nas the Governor may direct." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "190", |
| "title": "Acting Governor during temporary absence of Governor ", |
| "content": "(1) Whenever the Governor is proceeding on vacation or is otherwise \nunable to discharge the functions of his Office, he shall transmit a \nwritten declaration to the Speaker of the House of Assembly to \nthat effect, and until he transmits to the Speaker of the House of \nAssembly a written declaration to the contrary, the Deputy Governor \nshall perform the functions of the Governor as Acting Governor. \n(2) In the event that the Governor is unable or fails to transmit \nthe written declaration mentioned in subsection (1) of this section \nwithin 21 days, the House of Assembly shall, by a resolution made \nby a simple majority of the vote of the House, mandate the Deputy \nGovernor to perform the functions of the office of the Governor as \nActing Governor until the Governor transmits a letter to the Speaker \nthat he is now available to resume his functions as Governor." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "191", |
| "title": "Discharge of functions of Governor ", |
| "content": "(1) The Deputy Governor of a State shall hold the office of Governor \nof the State if the office of Governor becomes vacant by reason of \ndeath, resignation, impeachment, permanent incapacity or removal \nof the Governor from office for any other reason in accordance with \nsection 188 or 189 of this Constitution. \n(2) Where any vacancy occurs in the circumstances mentioned in \nsubsection (1) of this section during a period when the office of \nDeputy Governor of the State is also vacant, the Speaker of the \nHouse of Assembly of the State shall hold the office of Governor of \n[Section 190 is \nsubstituted by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (First \nAlteration Act) 2010]\nthe State for a period of not more than three months, during which \nthere shall be an election of a new Governor of the State who shall \nhold office for the unexpired term of office of the last holder of the \noffice. \n(3) Where the office of the Deputy Governor becomes vacant \u2013\n(a) by reason of death, resignation, impeachment, permanent \nincapacity or removal in accordance with section 188 or 189 of \nthis Constitution;\n \n(b) by his assumption of the office of Governor of a State in \naccordance with subsection (1) of this section; or \n(c) for any other reason, the Governor shall nominate and with \nthe approval of the House of Assembly of the State, appoint a \nnew Deputy Governor." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "192", |
| "title": "Commissioners of State Government ", |
| "content": "(1) There shall be such offices of Commissioners of the Government \nof a State as may be established by the Governor of the State. \n(2) Any appointment to the office of Commissioner of the \nGovernment of a State shall, if the nomination of any person to such \noffice is confirmed by the House of Assembly of the State, be made \nby the Governor of that State and in making any such appointment \nthe Governor shall conform with the provisions of section 14(4) of \nthis Constitution. \nProvided that no Commissioner nominee shall be confirmed by the \nHouse of Assembly of the State unless evidence of declaration of \nassets and liabilities of the nominee as prescribed in this Constitution \nis presented.\n(3) Where a member of a House of Assembly or of the National \nAssembly is appointed as Commissioner of the Government of a \nState, he shall be deemed to have resigned his membership of the \nHouse of Assembly or of the National Assembly on his taking the \noath of office as Commissioner. \n[Section 192 (2) \nis altered by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 Fifth \nAlteration) (No. 23) \nAct, 2023]\n(4) No person shall be appointed as a Commissioner of the \nGovernment of a State unless he is qualified for election as a \nmember of the House of Assembly of the State. \n(5) An appointment to the office of Commissioner under this section \nshall be deemed to have been made where no return has been \nreceived from the House of Assembly within twenty-one working \ndays of the receipt of nomination by the House of Assembly. \n(6) Notwithstanding the provision of subsection (2) of this section, \nthe nomination of any person to the office of a Commissioner for \nconfirmation by the House of Assembly of a State shall be done \nwithin sixty days after the date the Governor has taken the oath of \noffice:\nProvided that the Governor may appoint a Commissioner at any \nother time during his tenure and such appointment shall be subject \nto confirmation by the House of Assembly of a State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "193", |
| "title": "Executive responsibilities of Deputy Governor and ", |
| "content": "Commissioners \n(1) The Governor of a State may, in his discretion, assign to the \nDeputy Governor or any Commissioner of the Government of the \nState responsibility for any business of the Government of that State, \nincluding the administration of any department of Government. \n(2) The Governor of a State shall hold regular meetings with the \nDeputy Governor and all Commissioners of the Government of the \nState for the purposes of \u2013 \n(a) determining the general direction of the policies of the \nGovernment of the State;\n \n(b) co-ordinating the activities of the Governor, the Deputy \nGovernor and the Commissioners of the Government of the \nState in the discharge of their executive responsibilities; and \n(c) advising the Governor generally in the discharge of his \nexecutive functions, other than those functions with respect to \n[Subsection (6) is \ninserted by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 Fifth \nAlteration) (No. 23) \nAct, 2023]\nwhich he is required by this Constitution to seek the advice or \nact on the recommendation of any other person or body." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "194", |
| "title": "Declaration of assets and liabilities: oaths of Commissioners ", |
| "content": "A Commissioner of the Government of a State shall not enter \nupon the duties of his office unless he has declared his assets and \nliabilities as prescribed in this Constitution and has subsequently \ntaken and subscribed the Oath of Allegiance and the oath for the \ndue execution of the duties of his office prescribed in the Seventh \nSchedule to this Constitution. \n[Seventh Schedule]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "195", |
| "title": "Attorney-General of a State ", |
| "content": "(1) There shall be an Attorney-General for each State who shall be \nthe Chief Law Officer of the State and Commissioner for Justice of \nthe Government of that State. \n(2) A person shall not be qualified to hold or perform the functions of \nthe office of the Attorney-General of a State unless he is qualified to \npractise as a legal practitioner in Nigeria and has been so qualified \nfor not less than ten years." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "196", |
| "title": "Special Advisers ", |
| "content": "(1) The Governor of a State may appoint any person as a Special \nAdviser to assist him in the performance of his functions. \n(2) The number of such Advisers and their remuneration and \nallowances shall be as prescribed by law or by resolution of the \nHouse of Assembly of the State. \n(3) Any appointment made pursuant to the provisions of this section \nshall be at the pleasure of the Governor, and shall cease when the \nGovernor ceases to hold office. \n(4) A person appointed as a Special Adviser under subsection (1) \nof this section shall not begin to perform the functions of the office \nunless he has declared his assets and liabilities as prescribed in\nthis Constitution and has subsequently taken and subscribed the \nOath of Allegiance and the oath of office prescribed in the Seventh \nSchedule to this Constitution. \n[Seventh Schedule]\nB - Establishment of certain State Executive Bodies" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "197", |
| "title": "State Commissions", |
| "content": "(1) There shall be established for each State of the Federation the \nfollowing bodies, namely -\n(a) State Civil Service Commission; \n(b) State Independent Electoral Commission; and \n(c) State Judicial Service Commission.\n(2) The composition and powers of each body established by \nsubsection (1) of this section are as set out in Part II of the Third \nSchedule to this Constitution. \n[Part II Third Schedule]\n(3) In appointing Chairmen and members of boards and governing \nbodies of statutory corporations and companies in which the \nGovernment of the State has controlling shares or interests and \ncouncils of Universities, Colleges and other institutions of higher \nlearning, the Governor shall conform with the provisions of section \n14(4) of this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "198", |
| "title": "Appointment of chairman and members ", |
| "content": "Except in the case of ex-officio members or where other provisions \nare made in this Constitution, the Chairman and members of any \nof the bodies so established shall, subject to the provisions of this \nConstitution, be appointed by the Governor of the State and the \nappointment shall be subject to confirmation by a resolution of the \nHouse of Assembly of the State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "199", |
| "title": "T enure\tof\toffice\tof\tthe\tmembers\t", |
| "content": "(1) A person who is a member of any of the bodies established \nas aforesaid shall, subject to the provisions of this Part, remain a \nmember thereof \u2013 \n(a) in the case of an ex-officio member, whilst he holds the office \nby virtue of which he is a member of the body; \n(b) in the case of a person who is a member by virtue of his \nhaving previously held an office, for the duration of his life; and \n(c) in the case of a person who is a member otherwise than as \nan ex-officio member or otherwise than by virtue of his having \npreviously held an office, for a period of five years from the date \nof his appointment. \n(2) A member of any of the bodies shall cease to be a member \nif any circumstances arise that, if he were not a member of the \nbody, would cause him to be disqualified for appointment as such \na member." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "200", |
| "title": "Qualification\tfor\tmembership\t", |
| "content": "(1) No person shall be qualified for appointment as a member of \nany of the bodies aforesaid if \u2013 \n(a) he is not qualified or if he is disqualified for election as a \nmember of a House of Assembly, provided that a member of any \nof the said bodies shall not be required to belong to a political \nparty and, in the case of the State Independent Electoral \nCommission, he shall not be a member of a political party;\n(b) he has within the preceding ten years, been removed as a \nmember of any of the bodies or as the holder of any other office \non the ground of misconduct. \n(2) Any person employed in the public service of a State shall not \nbe disqualified for appointment as Chairman or member of any \nof such bodies, provided that where such a person has been \nduly appointed, he shall on his appointment be deemed to have \nresigned his former office as from the date of the appointment. \n[Section 200(1(a) \nis altered by the \nConstitution of \nFederal Republic \nof Nigeria (First \nAlteration Act) 2010]\n(3) No person shall be qualified for appointment to any of the \nbodies aforesaid, if, having previously been appointed as a member \notherwise than as an ex-officio member of that body, he has been \nre-appointed for a further term as a member of the same body." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "201", |
| "title": "Removal of members ", |
| "content": "(1) Any person holding any of the offices to which this section \napplies shall only be removed from that office by the Governor of \nthat State acting on an address supported by two-thirds majority of \nthe House of Assembly of the State praying that he be so removed \nfor inability to discharge the functions of the office (whether arising \nfrom infirmity of mind or body or any other cause) or for misconduct. \n(2) This section applies to the offices of the Chairmen and members \nof the State Civil Service Commission, the State Independent \nElectoral Commission and the State Judicial Service Commission." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "202", |
| "title": "Independence of certain bodies", |
| "content": "In exercising its power to make appointments or to exercise \ndisciplinary control over persons, the State Civil Service Commission, \nthe State Independent Electoral Commission and the State Judicial \nService Commission shall not be subject to the direction and control \nof any other authority or person." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "203", |
| "title": "Quorum and decisions ", |
| "content": "(1) The quorum for a meeting of any of the bodies established by \nsection 197 of this Constitution shall not be less than one-third \nof the total number of members of that body at the date of the \nmeeting. \n(2) A member of such a body shall be entitled to one vote and a \ndecision of the meeting may be taken and any act or thing may \nbe done in the name of that body by a majority of the members \npresent at a meeting. \n(3) Whenever such body is assembled for a meeting, the Chairman \nor other person presiding shall, in all matters in which a decision is \ntaken by vote (by whatever name such vote may be called) have a \ncasting as well as a deliberative vote.\n(4) Subject to its rules of procedure, any such body may act or take \nany decision notwithstanding any vacancy in its membership or the \nabsence of any member." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "204", |
| "title": "Powers and procedure ", |
| "content": "(1) Subject to subsection (2) of this section, any of the bodies may, \nwith the approval of the Governor, by rules or otherwise regulate its \nown procedure or confer powers or impose duties on any officer or \nauthority for the purpose of discharging its functions. \n(2) In the exercise of any powers under subsection (1) of this section, \nany such body shall not confer powers or impose duties on any \nofficer or authority of the Federation except with the approval of \nthe President." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "205", |
| "title": "Interpretation ", |
| "content": "In this Part of this Chapter, unless the context otherwise requires \u2013\n(a) any reference to \u201cex-officio member\u201d shall be construed as \na reference to a person who is a member by virtue of his holding \nor performing the functions of an office in the public service of \na State; \n(b) \u201coffice\u201d means an office in the public service of a State;\n \n(c) any reference to \u201cmember\u201d of any of the bodies established \nby section 197 of this Constitution shall be construed as including \na reference to the Chairman of that body; and \n(d) \u201cmisconduct\u201d means breach of the Oath of Allegiance or \noath of office of a member or a breach of the provisions of this \nConstitution or bribery or corruption or false declaration of assets \nand liabilities or conviction for treason or treasonable felony. \nC - The public service of a State" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "206", |
| "title": "Establishment of State civil service ", |
| "content": "There shall be for each State of the Federation a Civil Service." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "207", |
| "title": "State Civil Service Commission: power of delegation ", |
| "content": "Subject to the provisions of this Constitution, a State Civil Service \nCommission may, with the approval of the Governor and subject \nto such conditions as it may deem fit, delegate any of the powers \nconferred upon it by this Constitution to any of its members or to \nany officer in the civil service of the State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "208", |
| "title": "Appointments by Governor ", |
| "content": "(1) Power to appoint persons to hold or act in the offices to which \nthis section applies and to remove persons so appointed from any \nsuch office shall vest in the Governor of the State. \n(2) The offices to which this section applies are, namely \u2013 \n(a) Secretary to the Government of the State; \n(b) Head of the Civil Service of the State;\n(c) Permanent Secretary or other chief executive in any Ministry \nor Department of the Government of the State howsoever \ndesignated; and\n \n(d) any office on the personal staff of the Governor. \n(3) An appointment to the office of the Head of the Civil Service \nof a State shall not be made except from among Permanent \nSecretaries or equivalent rank in the civil service of any State or of \nthe Federation. \n(4) In exercising his powers of appointment under this section, the \nGovernor shall have regard to the diversity of the people within the \nstate and the need to promote national unity. \n(5) Any appointment made pursuant to paragraphs (a) and (d) of \nsubsection (2) of this section shall be at the pleasure of the Governor \nand shall cease when the Governor ceases to hold office: \nProvided that where a person has been appointed from a public \nservice of the Federation or a State, he shall be entitled to return \nto the public service of the Federation or of the State when the \nGovernor ceases to hold office." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "209", |
| "title": "Code of Conduct ", |
| "content": "A person in the public service of a State shall observe and \nconform to the Code of Conduct." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "210", |
| "title": "Protection of pension rights ", |
| "content": "(1) Subject to the provisions of subsection (2) of this section, the \nright of a person in the public service of a State to receive pension \nor gratuity shall be regulated by law. \n(2) Any benefit to which a person is entitled in accordance with or \nunder such law as is referred to in subsection (1) of this section shall \nnot be withheld or altered to his disadvantage except to such extent \nas is permissible under any law, including the Code of Conduct. \n(3) Pensions shall be reviewed every five years or together with any \nState Civil Service salary reviews, whichever is earlier. \n(4) Pensions in respect of service in the service of a State shall not \nbe taxed." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "211", |
| "title": "Public prosecutions ", |
| "content": "(1) The Attorney General of a State shall have power-\n(a) to institute and undertake criminal proceedings against any \nperson before any court of law in Nigeria other than a court-\nmartial in respect of any offence created by or under any law of \nthe House of Assembly; \n(b) to take over and continue any such criminal proceedings that \nmay have been instituted by any other authority or person; and \n(c) to discontinue at any stage before judgment is delivered any \nsuch criminal proceedings instituted or undertaken by him or \nany other authority or person. \n(2) The powers conferred upon the Attorney-General of a State \nunder subsection 1 of this section may be exercised by him in \nperson or through officers of his department.\n(3) In exercising his powers under this section, the Attorney-General \nof a State shall have regard to the public interest, the interest of \njustice and the need to prevent abuse of legal process." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "212", |
| "title": "Prerogative of mercy ", |
| "content": "(1) The Governor may \u2013\n(a) grant any person concerned with or convicted of any \noffence created by any Law of a State a pardon, either free or \nsubject to lawful conditions; \n(b) grant to any person a respite, either for an indefinite or for a \nspecified period, of the execution of any punishment imposed \non that person for such an offence; \n(c) substitute a less severe form of punishment for any \npunishment imposed on that person for such an offence; or \n(d) remit the whole or any part of any punishment imposed on \nthat person for such any offence or of any penalty forfeiture \notherwise due to the State on account of such an offence. \n(2) The powers of the Governor under subsection (1) of this section \nshall be exercised by him after consultation with such advisory \ncouncil of the State on prerogative of mercy as may be established \nby Law of the State.\n \nPART III\nSupplemental\nA - National Population Census" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "213", |
| "title": "National population census ", |
| "content": "(1) Any report of the National Population Commission containing \nthe population census after every census shall be delivered to the \nPresident by the Chairman of the Commission. \n(2) The President shall within a period of thirty days after receipt \nof the report lay copies of the report before the Council of State,\nwhich shall consider the report and advise the President whether to \naccept it or reject it. \n(3) Where the Council of State advises the President to accept the \nreport, the President shall accept the same and shall then lay the \nreport on the table of each House of the National Assembly. \n(4) Where the President accepts such report and has laid it on the \ntable of each House of the National Assembly he shall publish it in \nthe official Gazette of the Government of the Federation for public \ninformation. \n(5) Where the Council of State advises the President to reject the \nreport upon the ground- \n(a) that the population census contained in the report is \ninaccurate; or \n(b) that the report is perverse, \nthe President shall reject the report accordingly and no reliance \nshall be placed upon any such report by any authority or person or \nfor any purpose whatsoever.\n \nB - Nigeria Police Force" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "214", |
| "title": "Establishment of Nigeria Police Force ", |
| "content": "(1) There shall be a police force for Nigeria, which shall be known \nas the Nigeria Police Force, and subject to the provisions of this \nsection no other police force shall be established for the Federation \nor any part thereof. \n(2) Subject to the provisions of this Constitution \u2013\n(a) the Nigeria Police Force shall be organised and administered \nin accordance with such provisions as may be prescribed by an \nAct of the National Assembly;\n \n(b) the members of the Nigeria Police Force shall have such \npowers and duties as maybe conferred upon them by law;\n(c) the National Assembly may make provisions for branches of \nthe Nigeria Police Force forming part of the armed forces of the \nFederation or for the protection of harbours, waterways, railways \nand air fields." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "215", |
| "title": "Appointment of Inspector-General and control of Nigeria ", |
| "content": "Police Force \n(1) There shall be \u2013\n(a) an Inspector-General of Police who, subject to section 216(2) \nof this Constitution shall be appointed by the President on \nthe advice of the Nigeria Police Council from among serving \nmembers of the Nigeria Police Force; \n(b) a Commissioner of Police for each State of the Federation \nwho shall be appointed by the Police Service Commission. \n(2) The Nigeria Police Force shall be under the command of \nthe Inspector-General of Police and contingents of the Nigeria \nPolice Force stationed in a State shall, subject to the authority of \nthe Inspector-General of Police, be under the command of the \nCommissioner of Police of that State. \n(3) The President or such other Minister of the Government of \nthe Federation as he may authorise in that behalf may give to the \nInspector-General of Police such lawful directions with respect to \nthe maintenance and securing of public safety and public order \nas he may consider necessary, and the Inspector-General of Police \nshall comply with those direction or cause them to be compiled \nwith. \n(4) Subject to the provisions of this section, the Governor of a State \nor such Commissioner of the Government of the State as he may \nauthorise in that behalf, may give to the Commissioner of Police of \nthat State such lawful directions with respect to the maintenance \nand securing of public safety and public order within the State as \nhe may consider necessary, and the Commissioner of Police shall \ncomply with those directions or cause them to be complied with:\nProvided that before carrying out any such directions under the \nforegoing provisions of this subsection the Commissioner of Police \nmay request that the matter be referred to the President or such \nMinister of the Government of the Federation as may be authorised \nin that behalf by the President for his directions. \n(5) The question whether any, and if so what, directions have been \ngiven under this section shall not be inquired into in any court." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "216", |
| "title": "Delegation of powers to the Inspector-General of Police ", |
| "content": "(1) Subject to the provisions of this Constitution, the Nigeria Police \nCouncil may, with the approval of the President and subject to such \nconditions as it may think fit, delegate any of the powers conferred \nupon it by this Constitution to any of its members or to the Inspector-\nGeneral of Police or any other member of the Nigeria Police Force. \n(2) Before making any appointment to the office of the Inspector-\nGeneral of Police or removing him from office, the President shall \nconsult the Nigeria Police Council. \nC - Armed Forces of the Federation" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "217", |
| "title": "Establishment and composition of the Armed Forces of ", |
| "content": "the Federation \n(1) There shall be an armed forces for the Federation which shall \nconsist of an Army, a Navy, an Air Force and such other branches of \nthe armed forces of the Federation as may be established by an Act \nof the National Assembly. \n(2) The Federation shall, subject to an Act of the National Assembly \nmade in that behalf, equip and maintain the armed forces as may \nbe considered adequate and effective for the purpose of \u2013 \n(a) defending Nigeria from external aggression;\n \n(b) maintaining its territorial integrity and securing its borders \nfrom violation on land, sea, or air; \n(c) suppressing insurrection and acting in aid of civil authorities \nto restore order when called upon to do so by the President,\nbut subject to such conditions as may be prescribed by an Act \nof the National Assembly; and \n(d) performance such other functions as may be prescribed by \nan Act of the National Assembly. \n(3) The composition of the officer corps and other ranks of the \narmed forces of the Federation shall reflect the federal character \nof Nigeria." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "218", |
| "title": "Command and operational use ", |
| "content": "(1) The powers of the President as the Commander-in-Chief of the \nArmed Forces of the Federation shall include power to determine \nthe operational use of the armed forces of the Federation. \n(2) The powers conferred on the President by subsection (1) of \nthis section shall include power to appoint the Chief of Defence \nstaff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of \nAir Staff and heads of any other branches of the armed forces of \nthe Federation as may be established by an Act of the National \nAssembly. \n(3) The President may, by directions in writing and subject to such \nconditions as he may think fit, delegate to any member of the armed \nforces of the Federation his powers relating to the operational use \nof the armed forces of the Federation. \n(4) The National Assembly shall have power to make laws for the \nregulation of \u2013\n(a) the powers exercisable by the President as Commander-in-\nChief of the Armed Forces of the Federation; and \n(b) the appointment, promotion and disciplinary control of \nmembers of the armed forces of the Federation." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "219", |
| "title": "Establishment of body to ensure federal character of ", |
| "content": "Armed Forces \nThe National Assembly shall \u2013\n(a) in giving effect to the functions specified in section 217 of this \nConstitution; and\n(b) with respect to the powers exercisable by the President under \nsection 218 of this Constitution, \nby an Act, establish a body which shall comprise such members \nas the National Assembly may determine, and which shall have \npower to ensure that the composition of the armed forces of the \nFederation shall reflect the federal character of Nigeria in the \nmanner prescribed in the section 217 of this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "220", |
| "title": "Compulsory military service ", |
| "content": "(1) The Federation shall establish and maintain adequate facilities \nfor carrying into effect any Act of the National Assembly providing \nfor compulsory military training or military service for citizens of \nNigeria. \n(2) Until an Act of the National Assembly is made in that behalf \nthe President may maintain adequate facilities in any secondary or \npost-secondary educational institution in Nigeria for giving military \ntraining in any such institution which desires to have the training. \nD - Political Parties" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "221", |
| "title": "Prohibition of political activities by certain associations", |
| "content": "No association, other than a political party, shall canvass for votes \nfor any candidate at any election or contribute to the funds of any \npolitical party or to the election expenses of any candidate at an \nelection." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "222", |
| "title": "Restriction on formation of political parties", |
| "content": "No association by whatever name called shall function as a party, \nunless -\n(a) the names and addresses of its national officers are registered \nwith the Independent National Electoral Commission;\n(b) the membership of the association is open to every citizen of \nNigeria irrespective of his place of origin, circumstance of birth, \nsex, religion or ethnic grouping;\n(c) a copy of its constitution is registered in the principal office \nof the Independent National Electoral Commission in such form \nas may be prescribed by the Independent National Electoral \nCommission;\n(d) any alteration in its registered constitution is also registered \nin the principal office of the Independent National Electoral \nCommission within thirty days of the making of such alteration;\n(e) the name of the association, its symbol or logo does not contain \nany ethnic or religious connotation or give the appearance that \nthe activities of the association are confined to a part only of the \ngeographical area of Nigeria; and\n(f) the headquarters of the association is situated in the Federal \nCapital Territory, Abuja." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "223", |
| "title": "Constitution and rules of political parties", |
| "content": "(1) The constitution and rules of a political party shall-\n(a) provide for the periodical election on a democratic basis of \nthe principal officers and members of the executive committee \nor other governing body of the political party; and\n(b) ensure that the members of the executive committee or \nother governing body of the political party reflect the federal \ncharacter of Nigeria.\n(2) For the purposes of this section -\n(a) the election of the officers or members of the executive \ncommittee of a political party shall be deemed to be periodical \nonly if it is made at regular intervals not exceeding four years; \nand\n(b) the members of the executive committee or other governing \nbody of the political party shall be deemed to reflect the federal \ncharacter of Nigeria only if the members thereof belong to \ndifferent States not being less in number than two-thirds of all \nthe States of the Federation and the Federal Capital Territory, \nAbuja." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "224", |
| "title": "Aims and objects", |
| "content": "The programme as well as the aims and objects of a political party \nshall conform with the provisions of Chapter II of this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "225", |
| "title": "Finances of political parties", |
| "content": "(1) Every political party shall, at such times and in such manner \nas the Independent National Electoral Commission may require, \nsubmit to the Independent National Electoral Commission and \npublish a statement of its assets and liabilities.\n(2) Every political party shall submit to the Independent National \nElectoral Commission a detailed annual statement and analysis of its \nsources of funds and other assets together with a similar statement \nof its expenditure in such form as the Commission may require.\n(3) No political party shall -\n(a) hold or possess any funds or other assets outside Nigeria; or\n(b) be entitled to retain any funds or assets remitted or sent to it \nfrom outside Nigeria.\n(4) Any funds or other assets remitted or sent to a political party from \noutside Nigeria shall be paid over or transferred to the Commission \nwithin twenty-one days of its receipt with such information as the \nCommission may require.\n(5) The Commission shall have power to give directions to political \nparties regarding the books or records of financial transactions \nwhich they shall keep and, to examine all such books and records.\n(6) The powers conferred on the Commission under subsection (4) \nof this section may be exercised by it through any member of its \nstaff or any person who is an auditor by profession, and who is not \na member of a political party.\n225A. De-registration of political party\nThe Independent National Electoral Commission shall have power \nto de-register a political party for-\n(a) breach of any of the requirements for registration; \n[Section 225A \nis inserted by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fourth \nAlteration No.9) Act \n2017]\n(b) failure to win at least twenty-five percent of votes cast in-\n(i) one State of the Federation in a Presidential election, or\n(ii) one Local Government of the State in a Governorship \nelection.\n(c) failure to win at least-\n(i) one ward in the Chairmanship election,\n(ii) one seat in the National or State House of Assembly \nelection, or\n(iii) one seat in the Councillorship election." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "226", |
| "title": "Annual\treport\ton\tfinances", |
| "content": "(1) The Independent National Electoral Commission shall in every \nyear prepare and submit to the National Assembly a report on the \naccounts and balance sheet of every political party.\n(2) It shall be the duty of the Commission, in preparing its report \nunder this section, to carry out such investigations as will enable \nit to form an opinion as to whether proper books of accounts and \nproper records have been kept by any political party, and if the \nCommission is of the opinion that proper books of accounts have \nnot been kept by a political party, the Commission shall so report.\n(3) Every member of the Commission or its duly authorised agent \nshall -\n(a) have a right of access at all times to the books and accounts \nand vouchers of all political parties; and\n(b) be entitled to require from the officers of the political parties \nsuch information and explanation as he thinks necessary for the \nperformance of his duties under this Constitution, and if the \nmember of the Commission or such agent fails or is unable to \nobtain all the information and explanation which to the best of \nhis knowledge and belief are necessary for the purposes of the \ninvestigation, the Commission shall state that fact in its report." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "227", |
| "title": "Prohibition of quasi-military organisation", |
| "content": "No person or association shall retain, organise, train or equip any \nperson or group of persons for the purpose of enabling them to\nbe employed for the use or display of physical force or coercion \nin promoting any political objective or interest or in such manner \nas to arouse reasonable apprehension that they are organised and \ntrained or equipped for that purpose." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "228", |
| "title": "Powers of the National Assembly with respect to political ", |
| "content": "parties\nThe National Assembly may by law provide -\n(a) guidelines and rules to ensure internal democracy within \npolitical parties, including making laws for the conduct of party \nprimaries, party congresses and party conventions; and\n(b) the conferment on the Independent National Electoral \nCommission of powers as may appear to the National Assembly \nto be necessary or desirable for the purpose of enabling the \nCommission more effectively to ensure that political parties \nobserve the practices of internal democracy, including the fair \nand transparent conduct of party primaries, party congresses \nand party conventions; \n(c) for an annual grant to the Independent National Electoral \nCommission for disbursement to political parties on a fair and \nequitable basis to assist them in the discharge of their functions; \nand\n(d) for the conferment on the Commission of other powers as may \nappear to the National Assembly to be necessary or desirable \nfor the purpose of enabling the Commission more effectively to \nensure that political parties observe the provisions of this Part of \nthis Chapter." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "229", |
| "title": "Interpretation", |
| "content": "In this Part of this chapter, unless the context otherwise requires -\n\u201cassociation\u201d means any body of persons corporate or \nunincorporate who agree to act together for any common purpose, \nand includes an association formed for any ethnic, social, cultural, \noccupational or religious purpose; and \n[Section 228(a) and \n(b) are substituted \nby the Constitution \nof Federal Republic \nof Nigeria (First \nAlteration Act) 2010]\n[The\tdefinition\tof\t\nassociation in Section \n229 is deleted by \nthe Constitution of \nFederal Republic \nof Nigeria (First \nAlteration Act) 2010]\n\u201cpolitical party\u201d includes any association whose activities include \ncanvassing for votes in support of a candidate for election to the \noffice of President, Vice-President, Governor, Deputy Governor or \nmembership of a legislative house or of a local government council.\nCHAPTER VII \nThe Judicature\nPART I\nFederal Courts\nA - The Supreme Court of Nigeria" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "230", |
| "title": "Establishment of the Supreme Court of Nigeria ", |
| "content": "(1) There shall be a Supreme Court of Nigeria. \n(2) The Supreme Court of Nigeria shall consist of \u2013 \n(a) the Chief Justice of Nigeria; and\n \n(b) such number of Justices of the Supreme Court, not \nexceeding twenty-one, as may be prescribed by an Act of the \nNational Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "231", |
| "title": "Appointment of Chief Justice of Nigeria and Justices of ", |
| "content": "the Supreme Court\n(1) The appointment of a person to the office of Chief Justice of \nNigeria shall be made by the President on the recommendation \nof the National Judicial Council, subject to confirmation of such \nappointment by the Senate. \n(2) The appointment of a person to the office of a Justice of \nthe Supreme Court shall be made by the President on the \nrecommendation of the National Judicial Council, subject to \nconfirmation of such appointment by the Senate. \n(3) A person shall not be qualified to hold the office of Chief Justice \nof Nigeria or a Justice of the Supreme Court, unless he is qualified to\npractise as a legal practitioner in Nigeria and has been so qualified \nfor a period of not less than fifteen years. \n(4) If the office of Chief Justice of Nigeria is vacant or if the person \nholding the office is for any reason unable to perform the functions \nof the office, then until a person has been appointed to and has \nassumed the functions of that office, or until the person holding \nthe office has resumed those functions, the President shall appoint \nthe most senior Justice of the Supreme Court to perform those \nfunctions. \n(5) Except on the recommendation of the National Judicial Council, \nan appointment pursuant to the provisions of subsection (4) of \nthis section shall cease to have effect after the expiration of three \nmonths from the date of such appointment, and the President shall \nnot re-appoint a person whose appointment has lapsed." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "232", |
| "title": "Original jurisdiction ", |
| "content": "(1) The Supreme Court shall, to the exclusion of any other court, have \noriginal jurisdiction in any dispute between the Federation and a \nState or between States if and in so far as that dispute involves any \nquestion (whether of law or fact) on which the existence or extent \nof a legal right depends. \n(2) In addition to the jurisdiction conferred upon it by subsection \n(1) of this section, the Supreme Court shall have such original \njurisdiction as may be conferred upon it by any Act of the National \nAssembly:\nProvided that no original jurisdiction shall be conferred upon the \nSupreme Court with respect to any criminal matter." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "233", |
| "title": "Appellate Jurisdiction", |
| "content": "(1) The Supreme Court shall have jurisdiction, to the exclusion of \nany other court of law in Nigeria, to hear and determine appeals \nfrom the Court of Appeal.\n(2) An appeal shall lie from the decisions of the Court of Appeal to \nthe Supreme Court as of right in the following cases - \n[Section 233 is \nsubstituted by \nConstitution of \nFederal Republic \nof Nigeria (Second \nAlteration Act) \n2010]\n(a) where the ground of appeal involves questions of law alone, \ndecisions in any civil or criminal proceedings before the Court \nof Appeal;\n(b) decisions in any civil or criminal proceedings on questions as \nto the interpretation or application of this Constitution,\n(c) decisions in any civil or criminal proceedings on questions as \nto whether any of the provisions of Chapter IV of this Constitution \nhas been, is being or is likely to be, contravened in relation to \nany person;\n(d) decisions in any criminal proceedings in which any person has \nbeen sentenced to death by the Court of Appeal or in which the \nCourt of Appeal has affirmed a sentence of death imposed by \nany other court;\n(e) decisions on any question -\n(i) whether any person has been validly elected to the office of \nPresident or Vice-President under this Constitution,\n(ii) whether the term of office of President or Vice-President \nhas ceased,\n(iii) whether the office of President or Vice-President has \nbecome vacant, \n(iv) whether any person has been validly elected to the office \nof Governor or Deputy Governor under this Constitution,\n(v) whether the term of office of Governor or Deputy Governor \nhas ceased,\n(vi) whether the term of office of Governor or Deputy Governor \nhas become vacant; and\n(f) such other cases as may be prescribed by an Act of the \nNational Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "234", |
| "title": "Constitution ", |
| "content": "For the purpose of exercising any jurisdiction conferred upon it \nby this Constitution or any law, the Supreme Court shall be duly \nconstituted if it consists of not less than five Justices of the Supreme \nCourt:\nProvided that where the Supreme Court is sitting to consider an \nappeal brought under section 233(2)(b) or (c) of this Constitution, or \nto exercise its original jurisdiction in accordance with section 232 of \nthis Constitution, the Court shall be constituted by seven Justices." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "235", |
| "title": "Finality of determinations ", |
| "content": "Without prejudice to the powers of the President or of the Governor \nof a State with respect to prerogative of mercy, no appeal shall lie to \nany other body or person from any determination of the Supreme \nCourt." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "236", |
| "title": "Practice and procedure", |
| "content": "Subject to the provisions of any Act of the National Assembly, the \nChief Justice of Nigeria may make rules for regulating the practice \nand procedure of the Supreme Court. \nB - The Court of Appeal" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "237", |
| "title": "Establishment of Court of Appeal", |
| "content": "(1) There shall be a Court of Appeal. \n(2) The Court of Appeal shall consist of \u2013 \n(a) a President of the Court of Appeal; and \n(b) such number of Justices of the Court of Appeal, not less \nthan forty-nine of which not less than three shall be learned in \nIslamic personal law, and not less than three shall be learned in \nCustomary law, as may be prescribed by an Act of the National \nAssembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "238", |
| "title": "Appointment of President and Justices of the Court of ", |
| "content": "Appeal \n(1) The appointment of a person to the office of President of the Court \nof Appeal shall be made by the President on the recommendation \nof the National Judicial Council, subject to confirmation of such \nappointment by the Senate. \n(2) The appointment of a person to the office of a Justice of the Court \nof Appeal shall be made by the President on the recommendation \nof the National Judicial Council.\n(3) A person shall not be qualified to hold the office of a Justice \nof the Court of Appeal unless he is qualified to practise as a legal \npractitioner in Nigeria and has been so qualified for a period of not \nless than twelve years. \n(4) If the office of the President of the Court of Appeal is vacant, or \nif the person holding the office is for any reason unable to perform \nthe functions of the office, then until a person has been appointed \nto and has assumed the functions of that office, or until the person \nholding the office has resumed those functions, the President shall \nappoint the most senior Justice of the Court of Appeal to perform \nthose functions. \n(5) Except on the recommendation of the National Judicial Council, \nan appointment pursuant to the provisions of subsection (4) of \nthis section shall cease to have effect after the expiration of three \nmonths from the date of such appointment, and the President shall \nnot re-appoint a person whose appointment has lapsed." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "239", |
| "title": "Original jurisdiction", |
| "content": "(1) Subject to the provisions of this Constitution, the Court of \nAppeal shall, to the exclusion of any other court of law in Nigeria, \nhave original jurisdiction to hear and determine any question as to \nwhether - \n(a) any person has been validity elected to the office of President \nor Vice-President under this Constitution; or \n(b) the term of office of the President or Vice-President has \nceased; or\n(c) the office of President or Vice-President has become vacant.\n(2) In the hearing and determination of an election petition under \nparagraph (a) of subsection (1) of this section, the Court of Appeal \nshall be duly constituted if it consists of at least three Justices of the \nCourt Appeal.\n[Section 239 is \nsubstituted by \nConstitution of \nFederal Republic \nof Nigeria (Second \nAlteration Act) 2010]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "240", |
| "title": "Appellate jurisdiction ", |
| "content": "Subject to the provisions of this Constitution, the Court of Appeal \nshall have jurisdiction, to the exclusion of any other court of law in \nNigeria, to hear and determine appeals from the Federal High Court, \nNational Industrial Court , the High Court of the Federal Capital \nTerritory, Abuja, High Court of a State, Sharia Court of Appeal of \nthe Federal Capital Territory, Abuja, Sharia Court of Appeal of a \nState, Customary Court of Appeal of the Federal Capital Territory, \nAbuja, Customary Court of Appeal of a State and from decisions of \na court-martial or other tribunals as may be prescribed by an Act of \nthe National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "241", |
| "title": "Appeals as of right from the Federal High Court or a ", |
| "content": "High Court\n(1) An appeal shall lie from decisions of the Federal High Court or a \nHigh Court to the Court of Appeal as of right in the following cases \n- \n(a) final decisions in any civil or criminal proceedings before the \nFederal High Court or a High Court sitting at first instance; \n(b) where the ground of appeal involves questions of law alone, \ndecisions in any civil or criminal proceedings; \n(c) decisions in any civil or criminal proceedings on questions as \nto the interpretation or application of this Constitution; \n(d) decisions in any civil or criminal proceedings on questions as \nto whether any of the provisions of Chapter IV of this Constitution \nhas been, is being or is likely to be, contravened in relation to \nany person; \n(e) decisions in any criminal proceedings in which the Federal \nHigh Court or a High Court has imposed a sentence of death; \n(f) decisions made or given by the Federal High Court or a High \nCourt \u2013 \n(i) where the liberty of a person or the custody of an infant is \nconcerned,\n(ii) where an injunction or the appointment of a receiver is \ngranted or refused,\n[Section 240 \nis altered by \nConstitution of \nFederal Republic \nof Nigeria (Third \nAlteration Act) \n2010]\n(iii) in the case of a decision determining the case of a \ncreditor or the liability of a contributory or other officer \nunder any enactment relating to companies in respect of \nmisfeasance or otherwise, \n(iv) in the case of a decree nisi in a matrimonial cause or a \ndecision in an admiralty action determining liability, and \n(v) in such other cases as may be prescribed by any law in force \nin Nigeria. \n(2) Nothing in this section shall confer any right of appeal \u2013 \n(a) from a decision of the Federal High Court or any High Court \ngranting unconditional leave to defend an action; \n(b) from an order absolute for the dissolution or nullity of marriage \nin favour of any party who, having had time and opportunity to \nappeal from the decree nisi on which the order was founded, has \nnot appealed from that decree nisi; and \n(c) without the leave of the Federal High Court or a High Court \nor of the Court of Appeal, from a decision of the Federal High \nCourt or High Court made with the consent of the parties or as \nto costs only." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "242", |
| "title": "Appeals with leave ", |
| "content": "(1) Subject to the provisions of section 241 of this Constitution, an \nappeal shall lie from decisions of the Federal High Court or a High \nCourt to the Court of Appeal with the leave of the Federal High \nCourt or that High Court or the Court of Appeal. \n(2) The Court of Appeal may dispose of any application for leave to \nappeal from any decision of the Federal High Court or a High Court \nin respect of any civil or criminal proceedings in which an appeal has \nbeen brought to the Federal High Court or a High Court from any \nother court after consideration of the record of the proceedings, if \nthe Court of Appeal is of the opinion that the interests of justice do \nnot require an oral hearing of the application." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "243", |
| "title": "Exercise of the right of appeal from the Federal High ", |
| "content": "Court, National Industrial Court or a High Court in civil and \ncriminal matters\n(1) Any right of appeal to the Court of Appeal from the decisions of \nthe Federal High Court, National Industrial Court or a High Court \nconferred by this Constitution shall be \u2013 \n(a) exercisable in the case of civil proceedings at the instance of \na party thereto, or with the leave of the Federal High Court or \nHigh Court or the Court of Appeal at the instance of any other \nperson having an interest in the matter, and in the case of criminal \nproceedings at the instance of an accused person or, subject \nto the provisions of this Constitution and any powers conferred \nupon the Attorney-General of the Federation or the Attorney-\nGeneral of a State to take over and continue or to discontinue \nsuch proceedings, at the instance of such other authorities or \npersons as may be prescribed; \n(b) exercised in accordance with any Act of the National Assembly \nand rules of court for the time being in force regulating the \npowers, practice and procedure of the Court of Appeal. \n(2) An appeal shall lie from the decision of the National Industrial \nCourt as of right to the Court of Appeal on questions of fundamental \nrights as contained in Chapter IV of this Constitution as it relates to \nmatters upon which the National Industrial Court has jurisdiction. \n(3) An Appeal shall only lie from the decision of the National \nIndustrial Court to the Court of Appeal as may be prescribed by an \nAct of the National Assembly: \nProvided that where an Act or Law prescribes that an appeal shall lie \nfrom the decisions of the National Industrial Court to the Court of \nAppeal, such appeal shall be with the leave of the Court of Appeal. \n(4) Without prejudice to the provisions of section 254C(5) of this \nAct, the decision of the Court of Appeal in respect of any appeal \narising from any civil jurisdiction of the National Industrial Court \nshall be final. \n[Section 243(1) \nand Marginal Note \nare altered by \nConstitution of \nFederal Republic \nof Nigeria (Third \nAlteration Act) 2010]\n[Section 243(2) to \n(4) are inserted \nby Constitution of \nFederal Republic \nof Nigeria (Third \nAlteration Act) 2010]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "244", |
| "title": "Appeals from Sharia Court of Appeal", |
| "content": "(1) An appeal shall lie from decisions of a Sharia Court of Appeal \nto the Court of Appeal as of right in any civil proceedings before \nthe Sharia Court of Appeal with respect to any question of Islamic \npersonal law which the Sharia Court of Appeal is competent to \ndecide. \n(2) Any right of appeal to the Court of Appeal from the decisions of \na Sharia Court of Appeal conferred by this section shall be - \n(a) exercisable at the instance of a party thereto or, with the leave \nof the Sharia Court of Appeal or of the Court of Appeal, at the \ninstance of any other person having an interest in the matter; \nand\n \n(b) exercised in accordance with an Act of the National Assembly \nand rules of court for the time being in force regulating the \npowers, practice and procedure of the Court of Appeal." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "245", |
| "title": "Appeals from Customary Court of Appeal of a State", |
| "content": "(1) An appeal shall lie from decisions of a Customary Court of \nAppeal to the Court of Appeal as of right in any civil proceedings \nbefore the Customary Court of Appeal with respect to any question \nof customary law and such other matters as may be prescribed by \nan Act of the National Assembly. \n(2) Any right of appeal to the Court of Appeal from the decisions \nof a Customary Court of Appeal conferred by this section shall be \u2013 \n(a) exercisable at the instance of a party thereto or, with the leave \nof the Customary Court of Appeal or of the Court of Appeal, at \nthe instance of any other person having an interest in the matter; \n(b) exercised in accordance with any Act of the National Assembly \nand rules of court for the time being in force regulating the \npowers, practice and procedure of the Court of Appeal." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "246", |
| "title": "Appeals from Code of Conduct Tribunal and other courts ", |
| "content": "and tribunals\n(1) An appeal to the Court of Appeal shall lie as of right from -\n(a) decisions of the Code of Conduct Tribunal established in the \nFifth Schedule to this Constitution;\n[Fifth Schedule]\n(b) decisions of the National and State Houses of Assembly \nElection Tribunals; and \n(c) decisions of the Governorship Election Tribunals, on any \nquestion as to whether-\n(i) any person has been validly elected as a member of the \nNational Assembly or of a House of Assembly of a State under \nthis Constitution,\n(ii) any person has been validly elected to the office of a \nGovernor or Deputy Governor, or\n(iii) the term of office of any person has ceased or the seat of \nany such person has become vacant.\n(2) The National Assembly may confer jurisdiction upon the Court \nof Appeal to hear and determine appeals from any decision of any \nother court of law or tribunal established by the National Assembly.\n(3) The decisions of the Court of Appeal in respect of appeals \narising from the National and State Houses of Assembly election \npetitions shall be final." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "247", |
| "title": "Constitution", |
| "content": "(1) For the purpose of exercising any jurisdiction conferred upon it \nby this Constitution or any other law, the Court of Appeal shall be \nduly constituted if it consists of not less than three Justices of the \nCourt of Appeal and in the case of appeals from \u2013 \n(a) a Sharia Court of Appeal, if it consists of not less than three \nJustices of the Court of Appeal learned in Islamic personal law; \nand \n(b) a Customary Court of Appeal, if it consists of not less than \nthree Justices of Court of Appeal learned in Customary law. \n [Section 246 is \nsubstituted by \nConstitution of \nFederal Republic \nof Nigeria (Second \nAlteration Act) 2010]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "248", |
| "title": "Practice and procedure", |
| "content": "Subject to the provisions of any Act of the National Assembly, the \nPresident of the Court of Appeal may make rules for regulating the \npractice and procedure of the Court of Appeal. \nC - The Federal High Court" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "249", |
| "title": "Establishment of the Federal High Court ", |
| "content": "(1) There shall be a Federal High Court. \n(2) The Federal High Court shall consist of \u2013\n(a) a Chief Judge of the Federal High Court; and \n(b) such number of Judges of the Federal High Court as may be \nprescribed by an Act of the National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "250", |
| "title": "Appointment of Chief Judge and Judges of the Federal ", |
| "content": "High Court \n(1) The appointment of a person to the office of Chief Judge of \nthe Federal High Court shall be made by the President on the \nrecommendation of the National Judicial Council, subject to \nconfirmation of such appointment by the Senate. \n(2) The appointment of a person to the office of a Judge of \nthe Federal High Court shall be made by the President on the \nrecommendation of the National Judicial Council. \n(3) A person shall not be qualified to hold the office of Chief Judge \nor a Judge of the Federal High Court unless he is qualified to \npractise as a legal practitioner in Nigeria and has been so qualified \nfor a period of not less than ten years. \n(4) If the office of Chief Judge of the Federal High Court is vacant \nor if the person holding the office is for any reason unable to \nperform the functions of the office, then, until a person has been \nappointed to and has assumed those functions of that office, or \nuntil the person holding the office has resumed those functions, the \nPresident shall appoint the most senior Judge of the Federal High \nCourt to perform those functions.\n(5) Except on the recommendation of the National Judicial Council, \nan appointment pursuant to the provisions of subsection (3) of \nthis section shall cease to have effect after the expiration of three \nmonths from the date of such appointment and the President shall \nnot re-appoint a person whose appointment has lapsed." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "251", |
| "title": "Jurisdiction", |
| "content": "(1) Notwithstanding anything to the contrary contained in this \nConstitution and in addition to such other jurisdiction as may be \nconferred upon it by an Act of the National Assembly, the Federal \nHigh Court shall have and exercise jurisdiction to the exclusion of \nany other court in civil causes and matters \u2013 \n(a) relating to the revenue of the Government of the Federation \nin which the said Government or any organ thereof or a person \nsuing or being sued on behalf of the said Government is a party;\n(b) connected with or pertaining to the taxation of companies \nand other bodies established or carrying on business in Nigeria \nand all other persons subject to Federal taxation; \n(c) connected with or pertaining to customs and excise duties \nand export duties, including any claim by or against the Nigeria \nCustoms Service or any member or officer thereof, arising from \nthe performance of any duty imposed under any regulation \nrelating to customs and excise duties and export duties; \n(d) connected with or pertaining to banking, banks, other \nfinancial institutions, including any action between one bank \nand another, any action by or against the Central Bank of Nigeria \narising from banking, foreign exchange, coinage, legal tender, \nbills of exchange, letters of credit, promissory notes and other \nfiscal measures: \nProvided that this paragraph shall not apply to any dispute \nbetween an individual customer and his bank in respect of \ntransactions between the individual customer and the bank;\n \n(e) arising from the operation of the Companies and Allied Matters \nAct or any other enactment replacing the Act or regulating the \noperation of companies incorporated under the Companies and \nAllied Matters Act;\n[Cap. C20 LFN]\n \n(f) any Federal enactment relating to copyright, patent, designs, \ntrade marks and passing-off, industrial designs and merchandise \nmarks, business names, commercial and industrial monopolies, \ncombines and trusts, standards of goods and commodities and \nindustrial standards; \n(g) any admiralty jurisdiction, including shipping and navigation \non the River Niger or River Benue and their affluents and on such \nother inland waterway as may be designated by any enactment \nto be an international waterway, all Federal ports, (including \nthe constitution and powers of the ports authorities for Federal \nports) and carriage by sea; \n(h) diplomatic, consular and trade representation;\n \n(i) citizenship, naturalisation and aliens, deportation of persons \nwho are not citizens of Nigeria, extradition, immigration into and \nemigration from Nigeria, passports and visas; \n(j) bankruptcy and insolvency;\n \n(k) aviation and safety of aircraft;\n \n(l) arms, ammunition and explosives; \n(m) drugs and poisons;\n \n(n) mines and minerals (including oil fields, oil mining, \ngeological surveys and natural gas);\n \n(o) weights and measures;\n \n(p) the administration or the management and control of the \nFederal Government or any of its agencies; \n(q) subject to the provisions of this Constitution, the operation \nand interpretation of this Constitution in so far as it affects the \nFederal Government or any of its agencies;\n(r) any action or proceeding for a declaration or injunction \naffecting the validity of any executive or administrative action or \ndecision by the Federal Government or any of its agencies; and \n(s) such other jurisdiction civil or criminal and whether to the \nexclusion of any other court or not as may be conferred upon it \nby an Act of the National Assembly: \nProvided that nothing in the provisions of paragraphs (p), (q) \nand (r) of this subsection shall prevent a person from seeking \nredress against the Federal Government or any of its agencies in \nan action for damages, injunction or specific performance where \nthe action is based on any enactment, law or equity. \n(2) The Federal High Court shall have and exercise jurisdiction and \npowers in respect of treason, treasonable felony and allied offences. \n(3) The Federal High Court shall also have and exercise jurisdiction \nand powers in respect of criminal causes and matters in respect of \nwhich jurisdiction is conferred by subsection (1) of this section. \n(4) The Federal High Court shall have and exercise jurisdiction to \ndetermine any question as to whether the term of office or a seat \nof a member of the Senate or the House of Representatives has \nceased or his seat has become vacant." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "252", |
| "title": "Powers", |
| "content": "(1) For the purpose of exercising any jurisdiction conferred upon it \nby this Constitution or as may be conferred by an Act of the National \nAssembly, the Federal High Court shall have all the powers of the \nHigh Court of a state. \n(2) Notwithstanding subsection (1) of this section, the National \nAssembly may by law make provisions conferring upon the Federal \nHigh Court powers additional to those conferred by this section \nas may appear necessary or desirable for enabling the Court more \neffectively to exercise its jurisdiction. \n[Section 251(4) is \ninserted by the \nConstitution of \nFederal Republic \nof Nigeria (First \nAlteration Act) 2010]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "253", |
| "title": "Constitution ", |
| "content": "The Federal High Court shall be duly constituted if it consists of at \nleast one Judge of that Court." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "254", |
| "title": "Practice and procedure ", |
| "content": "Subject to the provisions of any Act of the National Assembly, the \nChief Judge of the Federal High Court may make rules for regulating \nthe practice and procedure of the Federal High Court. \nCC- The National Industrial Court\n254A. Establishment and composition of the National Indus-\ntrial Court\n(1) There shall be a National Industrial Court of Nigeria. \n(2) The National Industrial Court shall consist of: \n(a) President of the National Industrial Court; and \n(b) such number of Judges of the National Industrial Court as \nmay be prescribed by an Act of the National Assembly. \n254B. Appointment of President and Judges of the National \nIndustrial Court\n(1) The appointment of a person to the office of President of \nthe National Industrial Court shall be made by the President on \nthe recommendation of the National Judicial Council subject to \nconfirmation of such appointment by the Senate. \n(2) The appointment of a person to the office of a Judge of the \nNational Industrial Court shall be made by the President on the \nrecommendation of the National Judicial Council. \n(3) A person shall not be eligible to hold the office of a President \nof the National Industrial Court unless the person is qualified to \npractice as a legal practitioner in Nigeria and has been so qualified \nfor a period of not less than ten years and has considerable \nknowledge and experience in the law and practice of industrial \nrelations and employment conditions in Nigeria. \n(4) A person shall not be eligible to hold the office of a Judge of the \nNational Industrial Court unless the person is a legal practitioner in \n[Part CC (Sections \n254A- 254F) is \ninserted by the \nConstitution of \nFederal Republic \nof Nigeria (Third \nAlteration Act) 2010]\nNigeria and has been so qualified for a period of not less than ten \nyears and has considerable knowledge and experience in the law \nand practice of industrial relations and employment conditions in \nNigeria. \n(5) If the office of the President of the National Industrial Court is \nvacant, or if the person holding the office is for any reason unable \nto perform the functions of the office, then, until a person has been \nappointed to and assumed the functions of that office or until \nthe person holding the office has resumed those functions, the \nPresident shall appoint the most senior Judge of the Court having \nthe qualification to be appointed as President of the National \nIndustrial Court as provided under subsection (3) of this section to \nperform those functions. \n(6) Except on the recommendation of the National Judicial Council, \nan appointment pursuant to the provisions of subsection (5) of \nthis section shall cease to have effect after the expiration of three \nmonths from the date of such appointment and the President shall \nnot re-appoint a person whose appointment has lapsed. \n254C. Jurisdiction\n(1) Notwithstanding the provisions of sections 251, 257, 272 and \nanything contained in this Constitution and in addition to such other \njurisdiction as may be conferred upon it by an Act of the National \nAssembly, the National Industrial Court shall have and exercise \njurisdiction to the exclusion of any other court in civil causes and \nmatters- \n(a) relating to or connected with any labour, employment, trade \nunions, industrial relations and matters arising from workplace, \nthe conditions of service, including health, safety, welfare of \nlabour, employee, worker and matters incidental thereto or \nconnected therewith; \n(b) relating to, connected with or arising from Factories Act, \nTrade Disputes Act, Trade Unions Act, Labour Act, Employees\u2019 \nCompensation Act or any other Act or Law relating to labour, \nemployment, industrial relations, workplace or any other \nenactment replacing the Acts or Laws;\n(c) relating to or connected with the grant of any order restraining \nany person or body from taking part in any strike, lock-out or \nany industrial action, or any conduct in contemplation or in \nfurtherance of a strike, lock-out or any industrial action and \nmatters Connected therewith or related thereto; \n(d) relating to or connected with any dispute over the \ninterpretation and application of the provisions of Chapter IV \nof this Constitution as it relates to any employment, labour, \nindustrial relations, trade unionism, employer\u2019s association or \nany other matter which the Court has jurisdiction to hear and \ndetermine; \n(e) relating to or connected with any dispute arising from \nnational minimum wage for the Federation or any part thereof \nand matters connected therewith or arising therefrom; \n(f) relating to or connected with unfair labour practice or \ninternational best practices in labour, employment and industrial \nrelation matters; \n(g) relating to or connected with any dispute arising from \ndiscrimination or sexual harassment at workplace; \n(h) relating to, connected with or pertaining to the application or \ninterpretation of international labour standards; \n(i) connected with or related to child labour, child abuse, human \ntrafficking or any matter connected therewith or related thereto; \n(j) relating to the determination of any question as to the \ninterpretation and application of any- \n(i) collective agreement, \n(ii) award or order made by an arbitral tribunal in respect of a \ntrade dispute or a trade union dispute, \n(iii) award or judgment of the Court, \n(iv) term of settlement of any trade dispute, \n(v) trade union dispute or employment dispute as may be \nrecorded in a memorandum of settlement,\n(vi) trade union constitution, the constitution of an association \nof employers or any association relating to employment, \nlabour, industrial relations or work place, \n(vii) dispute relating to or connected with any personnel matter \narising from any free trade zone in the Federation or any part \nthereof; \n(k) relating to or connected with disputes arising from payment or \nnonpayment of salaries, wages, pensions, gratuities, allowances, \nbenefits and any other entitlement of any employee, worker, \npolitical or public office holder, judicial officer or any civil \nor public servant in any part of the Federation and matters \nincidental thereto; \n(I) relating to-\n(i) appeals from the decisions of the Registrar of Trade Unions, \nor matters relating thereto or connected therewith, \n(ii) appeals from the decisions or recommendations of any \nadministrative body or commission of enquiry, arising from or \nconnected with employment, labour, trade unions or industrial \nrelations, and \n(iii) such other jurisdiction, civil or criminal and whether to the \nexclusion of any other court or not, as may be conferred upon \nit by an Act of the National Assembly; \n(m) relating to or connected with the registration of collective \nagreements. \n(2) Notwithstanding anything to the contrary in this Constitution, \nthe National Industrial Court shall have the jurisdiction and power to \ndeal with any matter connected with or pertaining to the application \nof any international convention, treaty or protocol of which Nigeria \nhas ratified relating to labour, employment, workplace, industrial \nrelations or matters connected therewith. \n(3) The National Industrial Court may establish an Alternative \nDispute Resolutions Centre within the Court premises on matters \nwhich jurisdiction is conferred on the court by this Constitution or \nany Act or Law:\nProvided that nothing in this subsection shall preclude the National \nIndustrial Court from entertaining and exercising appellate and \nsupervisory jurisdiction over an arbitral tribunal or commission, \nadministrative body, or board of inquiry in respect of any matter \nthat the National Industrial Court has jurisdiction to entertain or \nany other matter as may be prescribed by an Act of the National \nAssembly or any Law in force in any part of the Federation. \n(4) The National Industrial Court shall have and exercise jurisdiction \nand powers to entertain any application for the enforcement of the \naward, decision, ruling or order made by any arbitral tribunal or \ncommission, administrative body, or board of inquiry relating to, \nconnected with, arising from or pertaining to any matter of which \nthe National Industrial Court has the jurisdiction to entertain. \n(5) The National Industrial Court shall have and exercise jurisdiction \nand powers in criminal causes and matters arising from any cause or \nmatter of which jurisdiction is conferred on the National Industrial \nCourt by this section or any other Act of the National Assembly or \nby any other law. \n(6) Notwithstanding anything to the contrary in this Constitution, \nappeal shall lie from the decision of the National Industrial Court \nfrom matters in sub-section 5 of this section to the Court of Appeal \nas of right. \n254D. Powers\n(1) For the purpose of exercising any jurisdiction conferred upon \nit by this Constitution or as may be conferred by an Act of the \nNational Assembly, the National Industrial Court shall have all the \npowers of a High Court. \n(2) Notwithstanding subsection (1) of this section, the National \nAssembly may by law, make provisions conferring upon the \nNational Industrial Court powers additional to those conferred by \nthis section as may appear necessary or desirable for enabling the \nCourt to be more effective in exercising its jurisdiction.\n254E. Constitution of the Court\n(1) For the purpose of exercising any jurisdiction conferred upon it \nby this Constitution or any other law, the National Industrial Court \nshall be duly constituted if it consists of a single Judge or not more \nthan three Judges as the President of the National Industrial Court \nmay direct. \n(2) For the purpose of exercising its criminal jurisdiction, the \nPresident of the Court may hear and determine or assign a single \nJudge of the Court to hear and determine such matter. \n(3) For the purpose of exercising any jurisdiction conferred upon \nit by the Constitution or any other law, the Court may, if it thinks it \nexpedient to do so or in a manner prescribed under any enactment, \nlaw or rules of court, call in the aid of one or more assessors specially \nqualified to try and hear the cause or matter wholly or partly with \nthe assistance of such assessors. \n(4) For the purpose of subsection (3) of this section, an assessor \nshall be a person who is qualified and experienced in his field of \nspecialization and who has been so qualified for a period of not less \nthan ten years. \n254F. Practice and procedure\n(1) Subject to the provisions of any Act of the National Assembly, \nthe President of the National Industrial Court may make rules for \nregulating the practice and procedure of the National Industrial \nCourt. \n(2) For the purpose of exercising its criminal jurisdiction, the \nprovisions of the Criminal Code, Penal Code, Criminal Procedure \nAct, Criminal Procedure Code or Evidence Act shall apply.\nD - The High Court of the Federal Capital Territory, Abuja" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "255", |
| "title": "Establishment and composition of the High Court of the ", |
| "content": "Federal Capital Territory, Abuja \n(1) There shall be a High Court of the Federal Capital Territory, Abuja. \n[Section 254F (2) \nis deleted by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No. 9) \nAct, 2023]\n(2) The High Court of the Federal Capital Territory, Abuja shall \nconsist of \u2013\n(a) a Chief Judge of the High Court of the Federal Capital \nTerritory, Abuja; and \n(b) such number of Judges of the High Court as may be prescribed \nby an Act of the National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "256", |
| "title": "Appointment of Chief Judge and Judges of the High ", |
| "content": "Court of the Federal Capital Territory, Abuja\n(1) The appointment of a person to the office of Chief Judge of the \nHigh Court of the Federal Capital Territory, Abuja shall be made \nby the President on the recommendation of the National Judicial \ncouncil, subject to confirmation of such appointment by the Senate.\n(2) The appointment of a person to the office of a Judge of the High \nCourt of the Federal Capital Territory, Abuja shall be made by the \nPresident on the recommendation of the National Judicial Council.\n(3) A person shall not be qualified to hold the office of a Chief \nJudge or a Judge of the High Court of the Federal Capital Territory, \nAbuja unless he is qualified to practice as a legal practitioner in \nNigeria and has been so qualified for a period of not less than ten \nyears.\n(4) If the office of the Chief Judge of the High Court of the Federal \nCapital Territory, Abuja is vacant or if the person holding the office \nis for any reason unable to perform the functions of the office, then \nuntil a person has been appointed to and has assumed the functions \nof that office or until the person holding the office has resumed \nthose functions, the President shall appoint the most senior Judge \nof the High Court of the Federal Capital Territory, Abuja, to perform \nthose functions.\n(5) Except on the recommendation of the National Judicial Council, \nan appointment pursuant to the provisions of subsection (4) of \nthis section shall cease to have effect after the expiration of three \nmonths from the date of such appointment and the President shall \nnot re-appoint a person whose appointment has lapsed." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "257", |
| "title": "Jurisdiction ", |
| "content": "(1) Subject to the provisions of section 251 and any other provisions \nof this Constitution and in addition to such other jurisdiction as may \nbe conferred upon it by law, the High Court of the Federal Capital \nTerritory, Abuja shall have jurisdiction to hear and determine any \ncivil proceedings in which the existence or extent of a legal right, \npower, duty, liability, privilege, interest, obligation or claim is in \nissue or to hear and determine any criminal proceedings involving \nor relating to any penalty, forfeiture, punishment or other liability in \nrespect of an offence committed by any person. \n(2) The reference to civil or criminal proceedings in this section \nincludes a reference to the proceedings which originate in the High \nCourt of the Federal Capital Territory, Abuja and those which are \nbrought before the High Court of the Federal Capital Territory, \nAbuja to be dealt with by the Court in the exercise of its appellate \nor supervisory jurisdiction." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "258", |
| "title": "Constitution ", |
| "content": "The High Court of the Federal Capital Territory, Abuja shall be \nduly constituted if it consists of at least one Judge of that Court." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "259", |
| "title": "Practice and procedure ", |
| "content": "Subject to the provisions of any Act of the National Assembly, the \nChief Judge of the High Court of the Federal Capital Territory, \nAbuja may make rules for regulating the practice and procedure of \nthe High Court of the Federal Capital Territory, Abuja. \nE - The Sharia Court of Appeal of the Federal Capital Territory, \nAbuja" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "260", |
| "title": "Establishment of the Sharia Court of Appeal of the ", |
| "content": "Federal Capital Territory, Abuja \n(1) There shall be a Sharia Court of Appeal of the Federal Capital \nTerritory, Abuja. \n(2) The Sharia Court of Appeal of the Federal Capital Territory, \nAbuja shall consist of \u2013 \n(a) a Grand Kadi of the Sharia Court of Appeal; and\n(b) such number of Kadis of the Sharia Court of Appeal as may \nbe prescribed by an Act of the National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "261", |
| "title": "Appointment of Grand Kadi and Kadis of the Sharia ", |
| "content": "Court of Appeal of the Federal Capital Territory, Abuja\n(1) The appointment of a person to the office of the Grand Kadi \nof the Sharia Court of Appeal of the Federal Capital Territory, \nAbuja shall be made by the President on the recommendation \nof the National Judicial Council, subject to confirmation of such \nappointment by the Senate.\n(2) The appointment of a person to the office of a Kadi of the \nSharia Court of Appeal shall be made by the President on the \nrecommendation of the National Judicial Council. \n(3) A person shall not be qualified to hold office as Grand Kadi or \nKadi of the Sharia Court of Appeal of the Federal Capital Territory, \nAbuja unless-\n(a) he is a legal practitioner in Nigeria and has been so qualified for \na period of not less than ten years and has obtained a recognised \nqualification in Islamic law from an institution acceptable to the \nNational Judicial Council; or \n(b) he has attended and has obtained a recognised qualification \nin Islamic law from an institution approved by the National \nJudicial Council and has held the qualification for a period of \nnot less than twelve years; and\n(i) he either has considerable experience in the practice of \nIslamic law, or \n(ii) he is a distinguished scholar of Islamic law. \n(4) If the office of the Grand Kadi of the Sharia Court of Appeal is \nvacant or if the person holding the office is for any reason unable \nto perform the functions of the office, then, until a person has been \nappointed to and has assumed the functions of that office or until \nthe person holding the office has resumed those functions, the \nPresident shall appoint the most senior Kadi of the Sharia Court of \nAppeal to perform those functions.\n(5) Except on the recommendation of the National Judicial Council, \nan appointment pursuant to the provisions of subsection (4) of \nthis section shall cease to have effect after the expiration of three \nmonths from the date of such appointment and the President shall \nnot re-appoint a person whose appointment has lapsed." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "262", |
| "title": "Jurisdiction", |
| "content": "(1) The Sharia Court of Appeal shall, in addition to such other \njurisdiction as may be conferred upon it by an Act of the National \nAssembly, exercise such appellate and supervisory jurisdiction in \ncivil proceedings involving questions of Islamic personal law. \n(2) For the purpose of subsection (1) of this section, the Sharia Court \nof Appeal shall be competent to decide \u2013 \n(a) any question of Islamic personal law regarding a marriage \nconcluded in accordance with that law, including a question \nrelating to the validity or dissolution of such a marriage or a \nquestion that depends on such a marriage and relating to family \nrelationship or the guardianship of an infant; \n(b) where all the parties to the proceedings are muslims, any \nquestion of Islamic personal law regarding a marriage, including \nthe validity or dissolution of that marriage, or regarding family \nrelationship, a foundling or the guardianship of an infant; \n(c) any question of Islamic personal law regarding a wakf, gift, will \nor succession where the endower, donor, testator or deceased \nperson is a muslim; \n(d) any question of Islamic personal law regarding an infant, \nprodigal or person of unsound mind who is a muslim or the \nmaintenance or the guardianship of a muslim who is physically \nor mentally infirm; or \n(e) where all the parties to the proceedings, being muslims, have \nrequested the court that hears the case in the first instance to \ndetermine that case in accordance with Islamic personal law, any \nother question." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "263", |
| "title": "Constitution", |
| "content": "For the purpose of exercising any jurisdiction conferred upon it by \nthis Constitution or any Act of the National Assembly, the Sharia \nCourt of Appeal shall be duly constituted if it consists of at least \nthree Kadis of that Court." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "264", |
| "title": "Practice and procedure", |
| "content": "Subject to the provisions of any Act of the National Assembly, the \nGrand Kadi of the Sharia Court of Appeal of the Federal Capital \nTerritory, Abuja may make rules for regulating the practice and \nprocedure of the Sharia Court of Appeal of the Federal Capital \nTerritory, Abuja. \nF - The Customary Court of Appeal of the Federal Capital \nTerritory, Abuja" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "265", |
| "title": "Establishment of the Customary Court of Appeal of the ", |
| "content": "Federal Capital Territory, Abuja \n(1) There shall be a Customary Court of Appeal of the Federal \nCapital Territory, Abuja. \n(2) The Customary Court of Appeal of the Federal Capital Territory, \nAbuja shall consist of \u2013\n(a) a President of the Customary Court of Appeal; and\n \n(b) such number of Judges of the Customary Court of Appeal as \nmay be prescribed by an Act of the National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "266", |
| "title": "Appointment of President and Judges of Court of Appeal ", |
| "content": "of the Federal Capital Territory, Abuja \n(1) The appointment of a person to the office of the President of \nthe Customary Court of Appeal of the Federal Capital Territory, \nAbuja shall be made by the President on the recommendation of \nthe National Judicial Council, subject to the confirmation of such \nappointment by the Senate. \n(2) The appointment of a person to the office of a Judge of the \nCustomary Court of Appeal shall be made by the President on the \nrecommendation of the National Judicial Council.\n(3) Apart from such other qualification as may be prescribed by an \nAct of the National Assembly, a person shall not be qualified to \nhold the office of President or a Judge of the Customary Court of \nAppeal of the Federal Capital Territory, Abuja, unless \u2013\n(a) he is a legal practitioner in Nigeria and has been so qualified \nfor a period of not less than ten years and, in the opinion of the \nNational Judicial Council he has considerable knowledge and \nexperience in the practice of customary law; or \n(b) in the opinion of the National Judicial Council he has \nconsiderable knowledge of and experience in the practice of \ncustomary law.\n(4) If the office of the President of the Customary Court of Appeal \nis vacant or if the person holding the office is for any reason unable \nto perform the functions of the office, then, until a person has been \nappointed to and assumed the functions of that office, or until the \nperson holding the office has resumed those functions, the President \nshall appoint the next most senior Judge of the Customary Court of \nAppeal to perform those functions.\n(5) Except on the recommendation of the National Judicial Council, \nan appointment pursuant to the provisions of subsection (4) of \nthis section shall cease to have effect after the expiration of three \nmonths from the date of such appointment and the President shall \nnot re-appoint a person whose appointment has lapsed." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "267", |
| "title": "Jurisdiction", |
| "content": "The Customary Court of Appeal of the Federal Capital Territory, \nAbuja shall, in addition to such other jurisdiction as may be conferred \nupon it by an Act of the National Assembly, exercise such appellate \nand supervisory jurisdiction in civil proceedings involving questions \nof customary law." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "268", |
| "title": "Constitution", |
| "content": "For the purpose of exercising any jurisdiction conferred upon \nit by this Constitution or any Act of the National Assembly, the \nCustomary Court of Appeal shall be duly constituted if it consists of \nat least three Judges of that Court." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "269", |
| "title": "Practice and Procedure", |
| "content": "Subject to the provisions of any Act of the National Assembly, the \nPresident of the Customary Court of Appeal of the Federal Capital \nTerritory, Abuja, may make rules for regulating the practice and \nprocedure of the Customary Court of Appeal of the Federal Capital \nTerritory, Abuja. \nPART II\nState courts\nA - High Court of a State" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "270", |
| "title": "Establishment of a High Court for each State ", |
| "content": "(1) There shall be a High Court for each State of the Federation. \n(2) The High Court of a State shall consist of \u2013 \n(a) a Chief Judge of the State; and\n \n(b) such number of Judges of the High Court as may be prescribed \nby a Law of the House of Assembly of the State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "271", |
| "title": "Appointment of Chief Judge and Judges of the High ", |
| "content": "Court of a State \n(1) The appointment of a person to the office of Chief Judge \nof a State shall be made by the Governor of the State on the \nrecommendation of the National Judicial Council, subject to \nconfirmation of the appointment by the House of Assembly of the \nState. \n(2) The appointment of a person to the office of a Judge of a High \nCourt of a State shall be made by the Governor of the State acting \non the recommendation of the National Judicial Council. \n(3) A person shall not be qualified to hold office of a Judge of a \nHigh Court of a State unless he is qualified to practise as a legal \npractitioner in Nigeria and has been so qualified for a period of not \nless than ten years.\n(4) If the office of Chief Judge of a State is vacant or if the person \nholding the office is for any reason unable to perform the functions \nof the office, then until a person has been appointed to and has \nassumed the functions of that office, or until the person holding the \noffice has resumed those functions, the Governor of the State shall \nappoint the most senior Judge of the High Court to perform those \nfunctions. \n(5) Except on the recommendation of the National Judicial Council, \nan appointment pursuant to subsection (4) of this section shall cease \nto have effect after expiration of three months from the date of \nsuch appointment and the Governor shall not re-appoint a person \nwhose appointment has lapsed." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "272", |
| "title": "Jurisdiction: general", |
| "content": "(1) Subject to the provisions of section 251 and other provisions of \nthis Constitution, the High Court of a State shall have jurisdiction \nto hear and determine any civil proceedings in which the existence \nor extent of a legal right, power, duty, liability, privilege, interest, \nobligation or claim is in issue or to hear and determine any \ncriminal proceedings involving or relating to any penalty, forfeiture, \npunishment or other liability in respect of an offence committed by \nany person. \n(2) The reference to civil or criminal proceedings in this section \nincludes a reference to the proceedings which originate in the High \nCourt of a State and those which are brought before the High Court \nto be dealt with by the Court in the exercise of its appellate or \nsupervisory jurisdiction. \n(3) Subject to the provisions of section 251 and other provisions of \nthis Constitution, the Federal High Court shall have jurisdiction to \nhear and determine the question as to whether the term of office \nof a member of the House of Assembly of a State, a Governor or \nDeputy Governor has ceased or become vacant." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "273", |
| "title": "Constitution", |
| "content": "For the purpose of exercising any jurisdiction conferred upon it \nunder this Constitution or any law, a High Court of a State shall be \nduly constituted if it consists of at least one Judge of that Court. \n[Section 272(3) is \ninserted by the \nConstitution of \nFederal Republic \nof Nigeria (First \nAlteration Act) 2010]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "274", |
| "title": "Practice and procedure", |
| "content": "Subject to the provisions of any law made by the House of Assembly \nof a State, the Chief Judge of a State may make rules for regulating \nthe practice and procedure of the High Court of the State. \nB - Sharia Court of Appeal of a State" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "275", |
| "title": "Establishment of a Sharia Court of Appeal of a State", |
| "content": "(1) There shall be for any State that requires it a Sharia Court of \nAppeal for that State. \n(2) The Sharia Court of Appeal of the State shall consist of \u2013 \n(a) a Grandi Kadi of the Sharia Court of Appeal; and \n(b) such member of Kadis of the Sharia Court of Appeal as may \nbe prescribed by the House of Assembly of the State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "276", |
| "title": "Appointment of Grand Kadi and Kadis of the Sharia ", |
| "content": "Court of Appeal of a State\n(1) The appointment of a person to the office of the Grand Kadi \nof the Sharia Court of Appeal of a State shall be made by the \nGovernor of the State on the recommendation of the National \nJudicial Council, subject to confirmation of such appointment by \nthe House of Assembly of the State. \n(2) The appointment of a person to the office of a Kadi of the Sharia \nCourt of Appeal of a State shall be made by the Governor of the \nState on the recommendation of the National Judicial Council. \n(3) A person shall not be qualified to hold office as a Kadi of the \nSharia Court of Appeal of a State unless - \n(a) he is a legal practitioner in Nigeria and has been so qualified for \na period of not less than ten years and has obtained a recognised \nqualification in Islamic law from an institution acceptable to the \nNational Judicial Council; or \n(b) he has attended and has obtained a recognised qualification \nin Islamic law from an institution approved by the National \nJudicial Council and has held the qualification for a period of \nnot less than ten years; and\n(i) he either has considerable experience in the practice of \nIslamic law, or \n(ii) he is a distinguished scholar of Islamic law. \n(4) If the office of the Grand Kadi of the Sharia Court of Appeal of \na State is vacant or if a person holding the office is for any reason \nunable to perform the functions of the office, then until a person \nhas been appointed to and has assumed the functions of that office, \nor until the person holding the office has resumed those functions, \nthe Governor of the State shall appoint the most senior Kadi of the \nSharia Court of Appeal of the State to perform those functions. \n(5) Except on the recommendation of the National Judicial Council, \nan appointment pursuant to subsection (4) of this section shall \ncease to have effect after the expiration of three months from the \ndate of such appointment, and the Governor shall not re-appoint a \nperson whose appointment has lapsed." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "277", |
| "title": "Jurisdiction", |
| "content": "(1) The Sharia Court of Appeal of a State shall, in addition to such \nother jurisdiction as may be conferred upon it by the law of the \nState, exercise such appellate and supervisory jurisdiction in civil \nproceedings involving questions of Islamic personal law which the \ncourt is competent to decide in accordance with the provisions of \nsubsection (2) of this section. \n(2) For the purposes of subsection (1) of this section, the Sharia \nCourt of Appeal shall be competent to decide - \n(a) any question of Islamic personal law regarding a marriage \nconcluded in accordance with that law, including a question \nrelating to the validity or dissolution of such a marriage or a \nquestion that depends on such a marriage and relating to family \nrelationship or the guardianship of an infant; \n(b) where all the parties to the proceedings are muslims, any \nquestion of Islamic personal law regarding a marriage, including \nthe validity or dissolution of that marriage, or regarding family \nrelationship, a foundling or the guardianship of an infant;\n(c) any question of Islamic personal law regarding a wakf, gift, will \nor succession where the endower, donor, testator or deceased \nperson is a muslim; \n(d) any question of Islamic personal law regarding an infant, \nprodigal or person of unsound mind who is a muslim or the \nmaintenance or the guardianship of a muslim who is physically \nor mentally infirm; or \n(e) where all the parties to the proceedings, being muslims, have \nrequested the court that hears the case in the first instance to \ndetermine that case in accordance with Islamic personal law, any \nother question." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "278", |
| "title": "Constitution", |
| "content": "For the purpose of exercising any jurisdiction conferred upon it by \nthis Constitution or any law, a Sharia Court of Appeal of a State \nshall be duly constituted if it consists of at least three Kadis of that \nCourt." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "279", |
| "title": "Practice and procedure", |
| "content": "Subject to provisions of any law made by the House of Assembly \nof the State, the Grand Kadi of the Sharia Court of Appeal of the \nState may make rules regulating the practice and procedure of the \nSharia Court of Appeal. \nC - Customary Court of Appeal of a State" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "280", |
| "title": "Establishment of a Customary Court of Appeal", |
| "content": "(1) There shall be for any State that requires it a Customary Court of \nAppeal for that State. \n(2) The Customary Court of Appeal of a State shall consist of - \n(a) a President of the Customary Court of Appeal of the State; \nand\n \n(b) such number of Judges of the Customary Court of Appeal as \nmay be prescribed by the House of Assembly of the State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "281", |
| "title": "Appointment of President and Judges of the Customary ", |
| "content": "Court of Appeal of a State\n(1) The appointment of a person to the office of President of a \nCustomary Court of Appeal shall be made by the Governor of the \nState on the recommendation of the National Judicial Council, \nsubject to confirmation of such appointment by the House of \nAssembly of the State. \n(2) The appointment of a person to the office of a Judge of a \nCustomary Court of Appeal shall be made by the Governor of the \nState on the recommendation of the National Judicial Council. \n(3) Apart from such other qualification as may be prescribed by a \nlaw of the House of Assembly of the State, a person shall not be \nqualified to hold office of a President or of a Judge of a Customary \nCourt of Appeal of a State unless - \n(a) he is a legal practitioner in Nigeria and he has been so qualified \nfor a period of not less than ten years and in the opinion of the \nNational Judicial Council he has considerable knowledge and \nexperience in the practice of customary law; or \n(b) in the opinion of the National Judicial Council he has \nconsiderable knowledge of and experience in the practice of \ncustomary law. \n(4) If the office of President of the Customary Court of Appeal of a \nState is vacant or if the person holding the office is for any reason \nunable to perform the functions of the office, then until a person has \nbeen appointed to and has assumed the functions of that office, or \nuntil the person holding the office has resumed those functions, the \nGovernor of the State shall appoint the most senior Judge of the \nCustomary Court of Appeal of the State to perform those functions. \n(5) Except on the recommendation of the National Judicial Council, \nan appointment pursuant to subsection (4) of this section shall \ncease to have effect after the expiration of three months from the \ndate of such appointment, and the Governor shall not re-appoint a \nperson whose appointment has lapsed." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "282", |
| "title": "Jurisdiction", |
| "content": "(1) A Customary Court of Appeal of a State shall exercise appellate \nand supervisory jurisdiction in civil proceedings involving questions \nof customary law. \n(2) For the purposes of this section, a Customary Court of Appeal of \na State shall exercise such jurisdiction and decide such questions as \nmay be prescribed by the House of Assembly of the State for which \nit is established." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "283", |
| "title": "Constitution", |
| "content": "For the purpose of exercising any jurisdiction conferred upon it by \nthis Constitution or any law, a Customary Court of Appeal of a State \nshall be duly constituted if it consists of at least three Judges of that \nCourt." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "284", |
| "title": "Practice and procedure", |
| "content": "Subject to the provisions of any law made by the House of Assembly \nof the State, the President of the Customary Court of Appeal of the \nState may make rules for regulating the practice and procedure of \nthe Customary Court of Appeal of the State. \nPART III\nElection Tribunals" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "285", |
| "title": "Time for determination of pre-election matters, estab-", |
| "content": "lishment of Election Tribunals and time for determination of \nelection petitions\n(1) There shall be established for each State of the Federation and \nthe Federal Capital Territory, one or more election tribunals to be \nknown as the National and State Houses of Assembly Election \nTribunals which shall, to the exclusion of any Court or Tribunal, have \noriginal jurisdiction to hear and determine petitions as to whether -\n(a) any person has been validly elected as a member of the \nNational Assembly; or\n(b) any person has been validly elected as member of the House \nof Assembly of a State.\n[The Marginal Note \nis substituted by \nthe Constitution of \nFederal Republic \nof Nigeria (Fourth \nAlteration) Act 2017]\n[Section 285 (1) to \n(7) is substituted \nby the Constitution \nof Federal Republic \nof Nigeria (Second \nAlteration Act) 2010]\n(2) There shall be established in each State of the Federation an \nelection tribunal to be known as the Governorship Election Tribunal \nwhich shall, to the exclusion of any court or tribunal, have original \njurisdiction to hear and determine petitions as to whether any \nperson has been validly elected to the office of Governor or Deputy \nGovernor of a State.\n(3) The composition of the National and State Houses of Assembly \nElection Tribunal and the Governorship Election Tribunal, \nrespectively, shall be as set out in the Sixth Schedule to this \nConstitution.\n[Sixth Schedule]\n(4) The quorum of an election tribunal established under this section \nshall be the Chairman and one other member.\n(5) An election petition shall be filed within 21 days after the date \nof the declaration of result of the elections;\n(6) An election tribunal shall deliver its judgment in writing within \n180 days from the date of filing of the petition;\n(7) An appeal from a decision of an election tribunal or Court of \nAppeal in an election matter shall be heard and disposed of within \n60 days from the date of the delivery of judgment of the tribunal or \nCourt of Appeal;\n(8) Where a preliminary objection or any other interlocutory issue \ntouching on the jurisdiction of the tribunal or court in any pre-\nelection matter or on the competence of the petition itself is raised \nby a party, the tribunal or court shall suspend its ruling and deliver \nit at the stage of final judgment;\n(9) Notwithstanding anything to the contrary in this Constitution, \nevery pre-election matter shall be filed not later than 14 days \nfrom the date of the occurrence of the event, decision or action \ncomplained of in the suit.\n[Subsection (8) \nis substituted by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fourth \nAlteration No.21) Act \n2017]\n[Subsection (9) \nis inserted by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fourth \nAlteration No.21) Act \n2017]\n(10) A Court in every pre-election matter shall deliver its judgment \nin writing within 180 days from the date of filing of the suit.\n(11) An appeal from a decision in a pre-election matter shall be filed \nwithin 14 days from the date of delivery of the judgment appealed \nagainst.\n(12) An appeal from a decision of a Court in a pre-election matter \nshall be heard and disposed of within 60 days from the date of filing \nof the appeal.\n(13) An election tribunal or court shall not declare any person a \nwinner at an election in which such a person has not fully participated \nin all stages of the election.\n(13A) For the purpose of this section, where there is a natural \ndisaster, war or any State or national emergency or any other \u201cforce \nmajeure\u201d that prevents the filing of a pre-election matter, election \npetition, sitting of a court over a pre-election matter or the sitting \nof an election petition tribunal or appellate court, the period of \nthe natural disaster, war, State or national emergency or any other \n\u201cforce majeure\u201d shall not be reckoned with in the computation of \ntime under subsections (5), (6), (7), (9), (10), (11) and (12) of this \nsection.\n(14) For the purpose of this section, \u201cpre-election matter\u201d means \nany suit by \u2013\n(a) an aspirant who complains that any of the provisions of the \nElectoral Act or any Act of the National Assembly regulating the \nconduct of primaries of political parties and the provisions of \nthe guidelines of a political party for conduct of party primaries \nhas not been complied with by a political party in respect of the \nselection or nomination of candidates for an election;\n \n(b) an aspirant challenging the actions, decisions or activities of \nthe Independent National Electoral Commission in respect of his \nparticipation in an election or who complains that the provisions \nof the Electoral Act or any Act of the National Assembly \n[Section 285 (13A) \nis inserted by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No. 10) \nAct, 2023]\n[Subsections (10) to \n(13) are inserted by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fourth \nAlteration No.21) Act \n2017]\n[Subsection (14) \nis inserted by \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fourth \nAlteration No.21) Act \n2017]\nregulating elections in Nigeria has not been complied with by \nthe Independent National Electoral Commission in respect of \nthe selection or nomination of candidates and participation in \nan election; and\n(c) a political party challenging the actions, decisions or activities \nof the Independent National Electoral Commission disqualifying \nits candidate from participating in an election or a complaint \nthat the provisions of the Electoral Act or any other applicable \nlaw has not been complied with by the Independent National \nElectoral Commission in respect of the nomination of candidates \nof political parties for an election, timetable for an election, \nregistration of voters and other activities of the Commission in \nrespect of preparation for an election.\nPART IV\nSupplemental" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "286", |
| "title": "Jurisdiction of State courts in respect of Federal causes", |
| "content": "(1) Subject to the provisions of this Constitution- \n(a) where by the law of a State jurisdiction is conferred upon \nany court for the hearing and determination of civil causes and \nof appeals arising out of such causes, the court shall have like \njurisdiction with respect to the hearing and determination of \nFederal causes and of appeals arising out of such causes; \n(b) where by the law of a State jurisdiction is conferred upon \nany court for the investigation, inquiry into, or trial of persons \naccused of offences against the laws of the State and with respect \nto the hearing and determination of appeals arising out of any \nsuch trial or out of any proceedings connected therewith, the \ncourt shall have like jurisdiction with respect to the investigation, \ninquiry into, or trial of persons for Federal offences and the \nhearing and determination of appeals arising out of the trial or \nproceedings; and\n(c) the jurisdiction conferred on a court of a State pursuant to \nthe provisions of this section shall be exercised in conformity \nwith the practice and procedure for the time being prescribed in \nrelation to its jurisdiction over civil or criminal causes other than \nFederal causes. \n(2) Nothing in the provisions of this section shall be construed, except \nin so far as other provisions have been made by the operation of \nsections 299 and 301 of this Constitution, as conferring jurisdiction \nas respects Federal causes or Federal offences upon a court \npresided over by a person who is not or has not been qualified to \npractice as a legal practitioner in Nigeria. \n(3) In this section, unless the context otherwise requires \u2013 \n\u201ccauses\u201d includes matter; \n\u201cFederal cause\u201d means civil or criminal cause relating to any matter \nwith respect to which the National Assembly has power to make \nlaws; and \n\u201cFederal offence \u201d means an offence contrary to the provisions \nof Act of the National Assembly or any law having effect as if so \nenacted." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "287", |
| "title": "Enforcement of decisions", |
| "content": "(1) The decisions of the Supreme court shall be enforced in any part \nof the Federation by all authorities and persons, and by courts with \nsubordinate jurisdiction to that of the Supreme Court. \n(2) The decisions of the Court of Appeal shall be enforced in any \npart of the Federation by all authorities and persons, and by courts \nwith subordinate jurisdiction to that of the Court of Appeal. \n(3) The decisions of the Federal High Court, National Industrial \nCourt, a High Court and of all other courts established by this \nConstitution shall be enforced in any part of the Federation by all \nauthorities and persons, and by other courts of law with subordinate \njurisdiction to that of the Federal High Court, National Industrial \nCourt, a High Court and those other courts, respectively. \n[Section 287(3) \nis altered by the \nConstitution of \nFederal Republic \nof Nigeria (Third \nAlteration Act) 2010]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "288", |
| "title": "Appointment of persons learned in Islamic personal law ", |
| "content": "and customary law\n(1) In exercising his powers under the foregoing provisions of this \nChapter in respect of appointments to the offices of Justices of the \nSupreme Court and Justices of the Court of Appeal, the President \nshall have regard to the need to ensure that there are among the \nholders of such offices persons learned in Islamic personal law and \npersons learned in customary law. \n(2) For the purposes of subsection (1) of this section - \n(a) a person shall be deemed to be learned in Islamic personal \nlaw if he is a legal practitioner in Nigeria and has been so \nqualified for a period of not less than fifteen years in the case \nof a Justice of the Supreme Court or not less than twelve years \nin the case of a Justice of the Court of Appeal and has in either \ncase obtained a recognised qualification in Islamic law from an \ninstitution acceptable to the National Judicial Council; and \n(b) a person shall be deemed to be learned in customary law if \nhe is a legal practitioner in Nigeria and has been so qualified for \na period of not less than fifteen years in the case of a Justice of \nthe Supreme Court or not less than twelve years in the case of a \nJustice of the Court of Appeal and has in either case and in the \nopinion of the National Judicial Council considerable knowledge \nof and experience in the practice of customary law." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "289", |
| "title": "Disqualification\tof\tcertain\tlegal\tpractitioners", |
| "content": "No legal practitioner shall be qualified for appointment as a Justice \nof the Supreme Court, the Court of Appeal or a Judge of a Federal \nHigh Court or Judge of the National Industrial Court or a Judge of \na High Court or a Kadi of a Sharia Court of Appeal or a Judge of the \nCustomary Court of Appeal whilst he is a member of the National \nJudicial Council or the Federal Judicial Service Commission or \nthe Judicial Service Committee of the Federal Capital Territory, \nAbuja or a State Judicial Service Commission, and he shall remain \nso disqualified until a period of three years has elapsed since he \nceased to be a member. \n[Section 289 is altered \nby the Constitution \nof Federal Republic \nof Nigeria (Third \nAlteration Act) 2010]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "290", |
| "title": "Declaration of assets and liabilities: oaths of judicial ", |
| "content": "officers\n(1) A person appointed to any judicial office shall not begin to \nperform the functions of that office until he has declared his \nassets and liabilities as prescribed under this Constitution and \nhas subsequently taken and subscribed the Oath of Allegiance \nand the Judicial Oath prescribed in the Seventh Schedule to this \nConstitution. \n[Seventh Schedule]\n(2) The oaths aforesaid shall be administered by the person for the \ntime being authorised by law to administer such oaths." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "291", |
| "title": "T enure\tof\toffice\tand\tpension\trights\tof\tjudicial\tofficers", |
| "content": "(1) A judicial officer appointed to the Supreme Court or the Court \nof Appeal may retire when he attains the age of sixty-five years and \nhe shall cease to hold office when he attains the age of seventy \nyears. \n(2) A judicial officer appointed to any other court, other than those \nspecified in subsection (1) of this section may retire when he attains \nthe age of sixty years and he shall cease to hold office when he \nattains the age of sixty-five years. \n(3) Any person who has held office as a judicial officer - \n(a) for a period of not less than fifteen years shall, if he retires at \nor after the age of sixty-five years in the case of the Chief Justice \nof Nigeria, a Justice of the Supreme Court, the President of the \nCourt of Appeal or a Justice of the Court of Appeal or at or after \nthe age of sixty years in any other case, be entitled to pension \nfor life at a rate equivalent to his last annual salary and all his \nallowances in addition to any other retirement benefits to which \nhe may be entitled; \n(b) for a period of less than fifteen years shall, if he retires at or \nafter the age of sixty-five years or sixty years, as the case may \nbe, be entitled to pension for life at a rate as in paragraph (a) \nof this subsection pro rata the number of years he served as a\njudicial officer in relation to the period of fifteen years, and all his \nallowances in addition to other retirement benefits to which he \nmay be entitled under his terms and conditions of service; and \n(c) in any case, shall be entitled to such pension and other \nretirement benefits as may be regulated by an Act of the National \nAssembly or by a law of a House of Assembly of a State. \n(4) Nothing in this section or elsewhere in this Constitution shall \npreclude the application of the provisions of any other law that \nprovides for pensions, gratuities and other retirement benefits for \npersons in the public service of the Federation or a State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "292", |
| "title": "Removal\tof\tjudicial\tofficers\tfrom\toffice", |
| "content": "(1) A judicial officer shall not be removed from his office or \nappointment before his age of retirement except in the following \ncircumstances - \n(a) in the case of - \n(i) Chief Justice of Nigeria, President of the Court of Appeal, \nChief Judge of the Federal High Court, President of the \nNational Industrial Court, Chief Judge of the High Court of the \nFederal Capital Territory, Abuja, Grand Kadi of the Sharia Court \nof Appeal of the Federal Capital Territory, Abuja and President, \nCustomary Court of Appeal of the Federal Capital Territory, \nAbuja, by the President acting on an address supported by \ntwo-thirds majority of the Senate, \n(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of \nAppeal or President of a Customary Court of Appeal of a State, \nby the Governor acting on an address supported by two-thirds \nmajority of the House of Assembly of the State, \npraying that he be so removed for his inability to discharge the \nfunctions of his office or appointment (whether arising from \ninfirmity of mind or of body) or for misconduct or contravention \nof the Code of Conduct; \n(b) in any case, other than those to which paragraph (a) of this \nsubsection applies, by the President or, as the case may be, the \nGovernor acting on the recommendation of the National Judicial \nCouncil that the judicial officer be so removed for his inability to \n[Section 292(1)(a)\n(i) is altered by the \nConstitution of \nFederal Republic \nof Nigeria (Third \nAlteration Act) 2010]\ndischarge the functions of his office or appointment (whether \narising from infirmity of mind or of body) or for misconduct or \ncontravention of the Code of Conduct. \n(2) Any person who has held office as a judicial officer shall not on \nceasing to be a judicial officer for any reason whatsoever thereafter \nappear or act as a legal practitioner before any court of law or \ntribunal in Nigeria." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "293", |
| "title": "Vacancies", |
| "content": "Except for the purposes of exercising any jurisdiction conferred \nby this Constitution or by any other law, every court established \nunder this Constitution shall be deemed to be duly constituted \nnotwithstanding any vacancy in the membership of the court." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "294", |
| "title": "Determination of causes and matters", |
| "content": "(1) Every court established under this Constitution shall deliver its \ndecision in writing not later than ninety days after the conclusion of \nevidence and final addresses and furnish all parties to the cause or \nmatter determined with duly authenticated copies of the decision \nwithin seven days of the delivery thereof. \n(2) Each Justice of the Supreme Court or of the Court of Appeal \nshall express and deliver his opinion in writing, or may state in \nwriting that he adopts the opinion of any other Justice who delivers \na written opinion: \nProvided that it shall not be necessary for the Justices who heard \na cause or matter to be present when judgment is to be delivered \nand the opinion of a Justice may be pronounced or read by any \nother Justice whether or not he was present at the hearing. \n(3) A decision of a court consisting of more than one Judge shall be \ndetermined by the opinion of the majority of its members. \n(4) For the purpose of delivering its decision under this section, the \nSupreme Court, or the Court of Appeal or the National Industrial \nCourt, shall be deemed to be duly constituted if at least one \nmember of that court sits for that purpose. \n[Section 294(4) \nis altered by the \nConstitution of \nFederal Republic \nof Nigeria (Third \nAlteration Act) 2010]\n(5) The decision of a court shall not be set aside or treated as a \nnullity solely on the ground of non-compliance with the provisions of \nsubsection (1) of this section, unless the court exercising jurisdiction \nby way of appeal or review of that decision is satisfied that the party \ncomplaining has suffered a miscarriage of justice by reason thereof. \n(6) As soon as possible after hearing and deciding any case in which \nit has been determined or observed that there was non-compliance \nwith the provisions of subsection (1) of this section, the person \npresiding at the sitting of the court shall send a report on the case \nto the Chairman of the National Judicial Council who shall keep the \nCouncil informed of such action as the Council may deem fit." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "295", |
| "title": "Reference of questions of law", |
| "content": "(1) Where any question as to the interpretation or application of \nthis Constitution arises in any proceedings in any court of law in \nany part of Nigeria (other than in the Supreme Court, the Court \nof Appeal, the Federal High Court or the National Industrial Court \nor a High Court) and the court is of the opinion that the question \ninvolves a substantial question of law, the court may, and shall if any \nof the parties to the proceedings so requests, refer the question to \nthe Federal High Court or the National Industrial Court or a High \nCourt having jurisdiction in that part of Nigeria and the Federal \nHigh Court or the National Industrial Court or the High Court shall -\n(a) if it is of opinion that the question involves a substantial \nquestion of law, refer the question to the Court of Appeal; or \n(b) if it is of opinion that the question does not involve a \nsubstantial question of law, remit the question to the court that \nmade the reference to be disposed of in accordance with such \ndirections as the Federal High Court or the National Industrial \nCourt or the High Court may think fit to give. \n(2) Where any question as to the interpretation or application of this \nConstitution arises in any proceedings in the Federal High Court \nor the National Industrial Court or a High Court, and the court is \nof opinion that the question involves a substantial question of law, \nthe court may, and shall if any party to the proceedings so requests, \n[Section 295(1), (1)\n(b) and (2) are altered \nby the Constitution \nof Federal Republic \nof Nigeria (Third \nAlteration Act) 2010]\nrefer the question to the Court of Appeal; and where any question \nis referred in pursuance of this subsection, the court shall give its \ndecision upon the question and the court in which the question \narose shall dispose of the case in accordance with that decision. \n(3) Where any question as to the interpretation or application of this \nConstitution arises in any proceedings in the Court of Appeal and the \ncourt is of opinion that the question involves a substantial question \nof law, the court may, and shall if any party to the proceedings so \nrequests, refer the question to the Supreme Court which shall give \nits decision upon the question and give such directions to the Court \nof Appeal as it deems appropriate." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "296", |
| "title": "Interpretation", |
| "content": "In this Chapter, unless the context otherwise requires, \u201c office\u201d, \nwhen used with reference to the validity of an election to an office, \nincludes the office of President of the Federation, Vice-President of \nthe Federation and Governor or Deputy Governor of a State but \ndoes not include the office of President of the Senate, Speaker of \nthe House of Representatives, Speaker of a House of Assembly or \nany office established by this Constitution. \nCHAPTER VIII\n \nFederal Capital Territory, Abuja and general supplementary \nprovisions\nPART I\n \nFederal Capital Territory, Abuja" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "297", |
| "title": "Federal Capital Territory, Abuja: ownership of lands", |
| "content": "(1) There shall be a Federal Capital Territory, Abuja the boundaries \nof which are as defined in Part II of the First Schedule to this \nConstitution. \n(2) The ownership of all lands comprised in the Federal Capital \nTerritory, Abuja shall vest in the Government of the Federal Republic \nof Nigeria." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "298", |
| "title": "Capital of the Federation", |
| "content": "The Federal Capital Territory, Abuja shall be the Capital of the \nFederation and seat of the Government of the Federation." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "299", |
| "title": "Application of Constitution", |
| "content": "The provisions of this Constitution shall apply to the Federal Capital \nTerritory, Abuja as if it were one of the States of the Federation; and \naccordingly - \n(a) all the legislative powers, the executive powers and the \njudicial powers vested in the House of Assembly, the Governor \nof a State and in the courts of a State shall, respectively, vest in \nthe National Assembly, the President of the Federation and in \nthe courts which by virtue of the foregoing provisions are courts \nestablished for the Federal Capital Territory, Abuja; \n(b) all the powers referred to in paragraph (a) of this section \nshall be exercised in accordance with the provisions of this \nConstitution; and \n(c) the provisions of this Constitution pertaining to the matters \naforesaid shall be read with such modifications and adaptations \nas may be reasonably necessary to bring them into conformity \nwith the provisions of this section." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "300", |
| "title": "Representation in the National Assembly", |
| "content": "For the purposes of Chapter V of this Constitution, the Federal \nCapital Territory, Abuja shall constitute one Senatorial district and \nas many Federal constituencies as it is entitled to under section 49 \nof this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "301", |
| "title": "Adaptation of certain references", |
| "content": "Without prejudice to the generality of the provisions of section \n299 of this Constitution, in its application to the Federal Capital \nTerritory, Abuja, this Constitution shall be construed as if- \n(a) references to the Governor, Deputy Governor and the \nexecutive council of a State (howsoever called) were references \nto the President, Vice-President and the executive council of the \nFederation (howsoever called) respectively;\n(b) references to the Chief Judge and Judges of the High Court \nof a State were references to the Chief Judge and Judges of the \nHigh Court, which is established for the Federal Capital Territory, \nAbuja by the provisions of this Constitution; and \n(c) references to persons, offices and authorities of a State \nwere references to the persons, offices and authorities of \nthe Federation with like status, designations and powers, \nrespectively; and in particular, as if references to the Attorney-\nGeneral, Commissioners and the Auditor-General for a State \nwere references to the Attorney-General, Ministers and the \nAuditor-General of the Federation with like status, designations \nand powers." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "302", |
| "title": "Minister of Federal Capital Territory, Abuja", |
| "content": "The President may, in exercise of the powers conferred upon \nhim by section 147 of this Constitution, appoint for the Federal \nCapital Territory, Abuja a Minister who shall exercise such powers \nand perform such functions as may be delegated to him by the \nPresident, from time to time." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "303", |
| "title": "Administration of the Federal Capital Territory, Abuja", |
| "content": "The Federal Capital Territory, Abuja shall comprise six area councils \nand the administrative and political structure thereof shall be as \nprovided by an Act of the National Assembly." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "304", |
| "title": "Establishment of the Judicial Service Committee of the ", |
| "content": "Federal Capital Territory, Abuja\n(1) There shall be for the Federal Capital Territory, Abuja, a Judicial \nService Committee of the Federal Capital Territory, Abuja, the \ncomposition and functions of which shall be as provided in Part III \nof the Third Schedule to this Constitution. \n(2) The provisions of sections 154(1) and (3), 155, 156, 157(1) and \n(2), 158(1) and 159 to 161 of this Constitution shall apply with \nnecessary modifications to the Judicial Service Committee of the \nFederal Capital Territory, Abuja. \n[Part III Third Schedule]\nPART II\nMiscellaneous Provisions" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "305", |
| "title": "Procedure for proclamation of state of emergency", |
| "content": "(1) Subject to the provisions of this Constitution, the President may \nby instrument published in the official Gazette of the Government \nof the Federation issue a proclamation of a state of emergency in \nthe Federation or any part thereof. \n(2) The President shall immediately after the publication, transmit \ncopies of the official Gazette of the Government of the Federation \ncontaining the proclamation, including the details of the emergency, \nto the President of the Senate and the Speaker of the House of \nRepresentatives, each of whom shall forthwith convene or arrange \nfor a meeting of the House of which he is President or Speaker, as \nthe case may be, to consider the situation and decide whether or \nnot to pass a resolution approving the proclamation. \n(3) The President shall have power to issue a proclamation of a state \nof emergency only when \u2013 \n(a) the Federation is at war; \n(b) the Federation is in imminent danger of invasion or \ninvolvement in a state of war;\n \n(c) there is actual breakdown of public order and public safety \nin the Federation or any part thereof to such extent as to \nrequire extraordinary measures to restore peace and security; \n(d) there is a clear and present danger of an actual breakdown \nof public order and public safety in the Federation or any part \nthereof requiring extraordinary measures to avert such danger;\n \n(e) there is an occurrence or imminent danger, or the occurrence \nof any disaster or natural calamity, affecting the community or a \nsection of the community in the Federation;\n(f) there is any other public danger which clearly constitutes a \nthreat to the existence of the Federation; or\n \n(g) the President receives a request to do so in accordance with \nthe provisions of subsection (4) of this section. \n(4) The Governor of a State may, with the sanction of a resolution \nsupported by two-thirds majority of the House of Assembly, request \nthe President to issue a proclamation of a state of emergency in \nthe State when there is in existence within the State any of the \nsituations specified in subsection (3) (c), (d) and (e) of this section \nand such situation does not extend beyond the boundaries of the \nState. \n(5) The President shall not issue a proclamation of a state of \nemergency in any case to which the provisions of subsection (4) \nof this section apply unless the Governor of the State fails within a \nreasonable time to make a request to the President to issue such \nproclamation. \n(6) A proclamation issued by the President under this section shall \ncease to have effect \u2013\n(a) if it is revoked by the President by instrument published in the \nofficial Gazette of the Government of the Federation;\n \n(b) if it affects the Federation or any part thereof and within two \ndays when the National Assembly is in session, or within ten days \nwhen the National Assembly is not in session, after its publication, \nthere is no resolution supported by two-thirds majority of all the \nmembers of each House of the National Assembly approving \nthe proclamation; \n(c) after a period of six months has elapsed since it has been in \nforce: \nProvided that the National Assembly may, before the expiration \nof the period of six months aforesaid, extend the period for the \nproclamation of the state of emergency to remain in force from \ntime to time for a further period of six months by resolution \npassed in like manner; or\n(d) at any time after the approval referred to in paragraph (b) or \nthe extension referred to in paragraph (c) of this subsection, when \neach House of the National Assembly revokes the proclamation \nby a simple majority of all the members of each House." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "306", |
| "title": "Resignations", |
| "content": "(1) Save as otherwise provided in this section, any person who is \nappointed, elected or otherwise selected to any office established \nby this Constitution, may resign from that office by writing under \nhis hand addressed to the authority or person by whom he was \nappointed, elected or selected. \n(2) The resignation of any person from any office established by \nthis Constitution shall take effect when the writing signifying the \nresignation is received by the authority or person to whom it is \naddressed or by any person authorised by that authority or person \nto receive it. \n(3) The notice of resignation of the President and of the Vice-\nPresident shall respectively be addressed to the President of the \nSenate and to the President. \n(4) On the resignation of the President, the President of the Senate \nshall forthwith give notice of the resignation to the Speaker of the \nHouse of Representatives. \n(5) The notice of resignation of the Governor and of the Deputy \nGovernor of a State shall respectively be addressed to the Speaker \nof the House of Assembly and the Governor of the State. \n(6) The notice of resignation of the President of the Senate and of \nthe Speaker of the House of Representatives shall in each case be \naddressed to the Clerk of the National Assembly, and the notice \nof resignation of the Speaker of a House of Assembly shall be \naddressed to the Clerk of the House of Assembly of the State. \n(7) The notice of resignation of a member of a legislative house \nshall be addressed to the President of the Senate or, as the case \nmay require, to the Speaker of the legislative house in question." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "307", |
| "title": "Restriction on certain citizens", |
| "content": "Notwithstanding any provisions contained in Chapter IV and subject \nto sections 131 and 177 of this Constitution, no citizen of Nigeria, \nby registration or under a grant of certificate of naturalisation, shall \nwithin ten years of such registration or grant, hold any elective or \nappointive office under this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "308", |
| "title": "Restrictions on legal proceedings", |
| "content": "(1) Notwithstanding anything to the contrary in this Constitution, \nbut subject to subsection (2) of this section \u2013 \n(a) no civil or criminal proceedings shall be instituted or continued \nagainst a person to whom this section applies during his period \nof office; \n(b) a person to whom this section applies shall not be arrested or \nimprisoned during that period either in pursuance of the process \nof any court or otherwise; and \n(c) no process of any court requiring or compelling the appearance \nof a person to whom this section applies, shall be applied for or \nissued: \nProvided that in ascertaining whether any period of limitation has \nexpired for the purposes of any proceedings against a person to \nwhom this section applies, no account shall be taken of his period \nof office. \n(2) The provisions of subsection (1) of this section shall not apply to \ncivil proceedings against a person to whom this section applies in \nhis official capacity or to civil or criminal proceedings in which such \na person is only a nominal party. \n(3) This section applies to a person holding the office of President \nor Vice-President, Governor or Deputy Governor; and the reference \nin this section to \u201c period\t of\t office\u201d is a reference to the period \nduring which the person holding such office is required to perform \nthe functions of the office.\nPART III\n \nTransitional provisions and savings" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "309", |
| "title": "Citizenship", |
| "content": "Notwithstanding the provisions of Chapter III of this Constitution, \nbut subject to section 28 thereof, any person who became a \ncitizen of Nigeria by birth, registration or naturalisation under the \nprovisions of any other Constitution, shall continue to be a citizen \nof Nigeria under this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "310", |
| "title": "Staff of legislative houses", |
| "content": "(1) Until the National Assembly or a House of Assembly has exercised \nits powers to initiate legislation in accordance with the provisions \nof section 51 or 93 of this Constitution, the Clerk or other staff of \na legislative House shall be appointed, as respects each House of \nthe National Assembly, by the Federal Civil Service Commission, \nand as respects a House of Assembly, by the State Civil Service \nCommission. \n(2) In exercising its powers under the provisions of this section, \nthe Federal Civil Service Commission shall consult, as appropriate, \nthe President of the Senate or the Speaker of the House of the \nRepresentatives, and a State Civil Service Commission shall consult \nthe Speaker of the House of Assembly of the State." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "311", |
| "title": "Standing Orders", |
| "content": "(1) The provisions of this section shall have effect until the National \nAssembly or a House of Assembly exercises the powers conferred \nupon it by section 60 or 101 of this Constitution as appropriate. \n(2) The Standing Orders of the Senate in existence before its \ndissolution under section 64 of this Constitution shall apply in \nrelation to the proceedings of the first session of the Senate \nconvened by the President under section 64 of this Constitution.\n(3) The Standing Orders of the House of Representatives in existence \nbefore its dissolution under section 64 of this Constitution shall \napply in relation to the proceedings of the first session of the House \n[Sections 311 (2) to \n(5) are substituted by \nthe Constitution of \nthe Federal Republic \nof Nigeria, 1999 \n(Fifth Alteration) (No. \n8) Act, 2023]\nof Representatives convened by the President under section 64 of \nthis Constitution.\n(4) The Standing Orders of the State House of Assembly in existence \nbefore its dissolution under section 105 of the Constitution shall \napply in relation to the proceedings of the first session of the State \nHouse of Assembly convened by the Governor under section 105 \nthis Constitution.\n(5) The Standing Orders of a legislative house before its dissolution \nunder section 64 or 105 of this Constitution may be modified within \nsuch a reasonable time after the inauguration and first session of the \nlegislative house to bring them in conformity with the proceedings \nof the newly inaugurated legislative house. \n(6) In this section, the \u201c former Constitution \u201d refers to the \nConstitution of the Federal Republic of Nigeria 1979. \n[Cap. 62. LFN 1990]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "312", |
| "title": "Special\tprovisions\tin\trespect\tof\tfirst\telection", |
| "content": "(1) The electoral commission established for the Federation under \nany law in force immediately before the date when this section \ncomes into force shall be responsible for performing the functions \nconferred on the Independent National Electoral Commission \nestablished by the provisions of this Constitution. \n(2) Any person who before the coming into force of this Constitution \nwas elected to any elective office mentioned in this Constitution \nin accordance with the provisions of any law in force immediately \nbefore the coming into force of this Constitution, shall be deemed \nto have been duly elected to that office under this Constitution." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "313", |
| "title": "System of revenue allocation", |
| "content": "Pending any Act of the National Assembly for the provision of \na system of revenue allocation between the Federation and the \nStates, among the States, between the States and local government \ncouncils and among the local government councils in the States, \nthe system of revenue allocation in existence for the financial year \n[Section 311 (6) \nis deleted by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No. 8) \nAct, 2023]\nbeginning from 1st January 1998 and ending on 31st December \n1998 shall, subject to the provisions of this Constitution and as from \nthe date when this section comes into force, continue to apply: \nProvided that where functions have been transferred under this \nConstitution from the Government of the Federation to the States \nand from the States to local government councils the appropriations \nin respect of such functions shall also be transferred to the States \nand the local government councils, as the case may require." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "314", |
| "title": "Debts", |
| "content": "Any debt of the Federation or of a State which immediately before \nthe date when this section comes into force was charged on the \nrevenue and assets of the Federation or on the revenue and assets \nof a State shall, as from the date when this section comes into force, \ncontinue to be so charged." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "315", |
| "title": "Existing law", |
| "content": "(1) Subject to the provisions of this Constitution, an existing law \nshall have effect with such modifications as may be necessary to \nbring it into conformity with the provisions of this Constitution and \nshall be deemed to be \u2013 \n(a) an Act of the National Assembly to the extent that it is a law \nwith respect to any matter on which the National Assembly is \nempowered by this Constitution to make laws; and \n(b) a Law made by a House of Assembly to the extent that it is a \nlaw with respect to any matter on which a House of Assembly is \nempowered by this Constitution to make laws. \n(2) The appropriate authority may at any time by order make such \nmodifications in the text of any existing law as the appropriate \nauthority considers necessary or expedient to bring that law into \nconformity with the provisions of this Constitution. \n(3) Nothing in this Constitution shall be construed as affecting \nthe power of a court of law or any tribunal established by law to \ndeclare invalid any provision of an existing law on the ground of \ninconsistency with the provision of any other law, that is to say-\n(a) any other existing law; \n(b) a law of a House of Assembly; \n(c) an Act of the National Assembly; or \n(d) any provision of this Constitution. \n(4) In this section, the following expressions have the meanings \nassigned to them, respectively \u2013 \n(a) \u201cappropriate authority\u201d means \u2013\n(i) the President, in relation to the provisions of any law of the \nFederation, \n(ii) the Governor of a State, in relation to the provisions of \nany existing law deemed to be a law made by the House of \nAssembly of that State, or \n(iii) any person appointed by any law to revise or rewrite the \nlaws of the Federation or of a State; \n(b) \u201cexisting law\u201d means any law and includes any rule of law \nor any enactment or instrument whatsoever which is in force \nimmediately before the date when this section comes into force \nor which, having been passed or made before that date comes \ninto force after that date; and \n(c) \u201cmodification\u201d includes addition, alteration, omission or \nrepeal. \n(5) Nothing in this Constitution shall invalidate the following \nenactments, that is to say \u2013 \n(a) the National Youth Service Corps Decree 1993; \n[Cap. N84]\n(b) the Public Complaints Commission Act; \n[Cap. P37]\n(c) the National Security Agencies Act;\n[Cap. N74]\n \n(d) the Land Use Act, \n[Cap. L5]\nand the provisions of those enactments shall continue to apply and \nhave full effect in accordance with their tenor and to the like extent \nas any other provisions forming part of this Constitution and shall \nnot be altered or repealed except in accordance with the provisions \nof section 9 (2) of this Constitution. \n(6) Without prejudice to subsection (5) of this section, the enactments \nmentioned in the said subsection shall hereafter continue to have \neffect as Federal enactments and as if they related to matters \nincluded in the Exclusive Legislative List set out in Part I of the \nSecond Schedule to this Constitution. \n[Part I Second Schedule]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "316", |
| "title": "Existing\toffices,\tcourts\tand\tauthorities", |
| "content": "(1) Any office, court of law or authority which immediately before \nthe date when this section comes into force was established and \ncharged with any function by virtue of any other Constitution or law, \nshall be deemed to have been duly established and shall continue \nto be charged with such function until other provisions are made, as \nif the office, court of law or authority was established and charged \nwith the function by virtue of this Constitution or in accordance with \nthe provisions of a law made thereunder. \n(2) Any person who immediately before the date when this section \ncomes into force holds office by virtue of any other Constitution \nor law in force immediately before the date when this section \ncomes into force shall be deemed to be duly appointed to that \noffice by virtue of this Constitution or by any authority by whom \nappointments to that office fall to be made in pursuance of this \nConstitution. \n(3) Notwithstanding the provisions of subsection (2) of this section, \nany person holding such office, a member of a court of law or \nauthority, who would have been required to vacate such office, \nor where his membership of such court of law or authority would \nhave ceased but for the provisions of the said subsection (2) of this \nsection, shall at the expiration of the period prescribed therefor \nafter the date when this section comes into force vacate such office \nor, as the case may be, his membership of such court of law or \nauthority shall cease, accordingly.\n(4) The foregoing provisions of this section are without prejudice to \nthe exercise of such powers as may be conferred by virtue of this \nConstitution or a law upon any authority or person to make provisions \nwith respect to such matters as may be prescribed or authorised \nby this Constitution or such law, including the establishment and \nabolition of offices, courts of law or authorities, and with respect \nto the appointment of persons to hold offices or to be members \nof courts of law or authorities and their removal from such offices, \ncourts of law or authorities. \n(5) Notwithstanding the provisions of this section, the National \nIndustrial Court Act, 2006 and any office or authority established \nand charged with any function under the Act, shall be deemed to \nhave been duly established and shall continue to be charged with \nsuch function by virtue of this Constitution or in accordance with \nthe provision of a law made thereunder." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "317", |
| "title": "Succession to property, rights, liabilities and obligations", |
| "content": "(1) Without prejudice to the generality of section 315 of this \nConstitution, any property, right, privilege, liability or obligation \nwhich immediately before the date when this section comes into \nforce was vested in, exercisable or enforceable by or against- \n(a) the former authority of the Federation as representative or \ntrustee for the benefit of the Federation; \n(b) any former authority of a State as representative or trustee for \nthe benefit of the State, \nshall on the date when this section comes into force and without \nfurther assurance than the provisions hereof vest in, or become \nexercisable or enforceable by or against the President and \nGovernment of the Federation, and the Governor and Government \nof the State, as the case may be. \n(2) For the purposes of this section \u2013 \n(a) the President and Government of the Federation, and \nthe Governor and Government of a State, shall be deemed, \nrespectively, to be successors to the said former authority of the \nFederation and former authority of the State in question; and\n \n[Section 316(5) is \ninserted by the \nConstitution of \nFederal Republic \nof Nigeria (Third \nAlteration Act) 2010]\n(b) references in this section to \u201c former authority of the \nFederation\u201d and \u201c former authority of a State \u201d include \nreferences to the former Government of the Federation and the \nformer Government of a State, a local government authority or \nany person who exercised any authority on its behalf. \nPART IV\n \nInterpretation, citation and commencement" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "318", |
| "title": "Interpretation", |
| "content": "(1) In this constitution, unless it is otherwise expressly provided or \nthe context otherwise requires- \n\u201cAct\u201d or \u201c Act of the National Assembly \u201d means any law made \nby the National Assembly and includes any law which takes effect \nunder the provisions of this Constitution as an Act of the National \nAssembly; \n\u201cappointment\u201d or its cognate expression includes appointment on \npromotion and transfer or confirmation of appointment; \n\u201carea council\u201d means each of the administrative areas within the \nFederal Capital Territory, Abuja; \n\u201cauthority\u201d includes government; \n\u201cbelong to\u201d or its grammatical expression when used with reference \nto a person in a State refers to a person either of whose parents \nor any of whose grandparents was a member of a community \nindigenous to that State; \n\u201ccivil service of the Federation\u201d means service of the Federation \nin a civil capacity as staff of the office of the President, the Vice-\nPresident, a ministry or department of the Government of the \nFederation assigned with the responsibility for any business of the \nGovernment of the Federation;\n\u201ccivil service of the State \u201d means service of the Government \nof a State in a civil capacity as staff of the office of the Governor, \nDeputy Governor or a ministry or department of the Government \nof the State assigned with the responsibility for any business of the \nGovernment of the State; \n\u201cCode of Conduct \u201d refers to the Code of Conduct contained in \nthe Fifth Schedule to this Constitution; \n[Fifth Schedule]\n\u201cCommissioner\u201d means a Commissioner of the Government of a \nState; \n\u201cConcurrent Legislative List\u201d means the list of matters set out in \nthe first column in Part II of the Second Schedule to this Constitution \nwith respect to which the National Assembly and a House of \nAssembly may make laws to the extent prescribed, respectively, \nopposite thereto in the second column thereof; \n[Part II Second Schedule]\n\u201cdecision\u201d means, in relation to a court, any determination of that \ncourt and includes judgment, act, order, conviction, sentence or \nrecommendation; \n\u201cenactment\u201d means provision of any law or a subsidiary \ninstrument; \n\u201cExclusive Legislative List\u201d means the list in Part I of the Second \nSchedule to this Constitution; \n[Part I Second Schedule]\n\u201cexisting law\u201d has the meaning assigned to it in section 315 of this \nConstitution; \n\u201cfederal character of Nigeria \u201d refers to the distinctive desire of \nthe peoples of Nigeria to promote national unity, foster national\nloyalty and give every citizen of Nigeria a sense of belonging to the \nnation as expressed in section 14 (3) and (4) of this Constitution; \n\u201cFederation\u201d means the Federal Republic of Nigeria; \n\u201cfinancial\t year\u201d means any period of twelve months beginning \non the first day of January in any year or such other date as the \nNational Assembly may prescribe; \n\u201cfunction\u201d includes power and duty; \n\u201cgovernment\u201d includes the Government of the Federation, or \nof any State, or of a local government council or any person who \nexercises power of authority on its behalf; \n\u201cGovernor\u201d or \u201c Deputy Governor \u201d means the Governor of a \nState or a Deputy Governor of a State; \n\u201cHouse of Assembly\u201d means the House of Assembly of a State; \n\u201cjudicial\toffice\u201d means the office of Chief Justice of Nigeria or a \nJustice of the Supreme Court, the President or Justice of the Court \nof Appeal, the office of the Chief Judge or a Judge of the Federal \nHigh Court, the office of the President or Judge of the National \nIndustrial Court, the office of the Chief Judge or Judge of the High \nCourt of the Federal Capital Territory, Abuja, the office of the Chief \nJudge of a State and Judge of the High Court of a State, a Grand \nKadi or Kadi of the Sharia Court of Appeal of the Federal Capital \nTerritory, Abuja, a President or Judge of the Customary Court of \nAppeal of the Federal Capital Territory, Abuja, a Grand Kadi or Kadi \nof the Sharia Court of Appeal of a State, or President or a Judge \nof the Customary Court of Appeal of a State; and a reference to a \n\u201cjudicial\tofficer\u201d is a reference to the holder of any such office; \n\u201claw\u201d means a law enacted by the House of Assembly of a State; \n\u201clegislative house\u201d means the Senate, House of Representatives \nor a House of Assembly. \n[Definition\tof\t\njudicial\toffice\t\nunder Section 318 \nis altered by the \nConstitution of \nFederal Republic \nof Nigeria (Third \nAlteration Act) \n2010]\n\u201clocal government area\u201d or \u201clocal government council\u201d includes \nan area council; \n\u201cmember\u201d when used with reference to any commission or other \nbodies established by this Constitution, includes the Chairman of \nthat commission or body;\n\u201cMinister\u201d means a Minister of the Government of the Federation;\n\u201cNational Assembly \u201d means the Senate and the House of \nRepresentatives established by this Constitution;\n\u201coath\u201d includes affirmation;\n\u201cOath of Allegiance\u201d means Oath of Allegiance prescribed in the \nSeventh Schedule to this Constitution;\n[Seventh Schedule]\n\u201coffice\u201d when used with reference to the validity of an election, \nmeans any office the appointment to which is by election under this \nConstitution;\n\u201cpopulation quota\u201d-\n(a) when used with reference to a Senatorial district, means the \nnumber obtained by dividing the number of the inhabitants \nof a State by the number of districts into which that State is \ndivided under section71 (a) of this Constitution;\n(b) when used with reference to a Federal constituency, means the \nnumber obtained by dividing the number of the inhabitants \nof Nigeria by the number of Federal constituencies into which \nNigeria is divided under section 71(b) of this Constitution; and\n(c) when used with reference to a State constituency, means the \nnumber obtained by dividing the number of the inhabitants of \na State by the number of State constituencies into which that \nState is divided under section 112 of this Constitution;\n\u201cpower\u201d includes function and duty;\n\u201cprescribed\u201d means prescribed by or under this Constitution or \nany other law;\n\u201cPresident\u201d or \u201c Vice-President\u201d means the President or Vice-\nPresident of the Federal Republic of Nigeria;\n\u201cpublic service of the Federation \u201d means the service of the \nFederation in any capacity in respect of the Government of the \nFederation, and includes service as-\n(a) Clerk or other staff of the National Assembly or of each \nHouse of the National Assembly;\n \n(b) member of staff of the Supreme Court, the Court of Appeal, \nthe Federal High Court, the National Industrial Court, the \nHigh Court of the Federal Capital Territory, Abuja, the Sharia \nCourt of Appeal of the Federal Capital Territory, Abuja, the \nCustomary Court of Appeal of the Federal Capital Territory, \nAbuja; or other courts established for the Federation by this \nConstitution and by an Act of the National Assembly; \n(c) member or staff of any commission or authority established for \nthe Federation by this Constitution or by an Act of the National \nAssembly; \n(d) staff of any area council;\n \n(e) staff of any statutory corporation established by an Act of \nthe National Assembly;\n \n(f) staff of any educational institution established or financed \nprincipally by the Government of the Federation; \n(g) staff of any company or enterprise in which the Government \nof the Federation or its agency owns controlling shares or \ninterest; and \n(h) members or officers of the armed forces of the Federation or \nthe Nigeria Police Force or other government security agencies \nestablished by law;\n[Definition\tof\t\npublic service of \nthe Federation \nunder Section 318 \nis altered by the \nConstitution of \nFederal Republic \nof Nigeria (Third \nAlteration Act) \n2010]\n\u201cpublic service of a State \u201d means the service of the State in any \ncapacity in respect of the Government of the State and includes \nservice as - \n(a) Clerk or other staff of the House of Assembly;\n \n(b) member of staff of the High Court, the Sharia Court of Appeal, \nthe Customary Court of Appeal; or other courts established for \na State by this Constitution or by a Law of a House of Assembly;\n(c) member or staff of any commission or authority established \nfor the State by this Constitution or by a Law of a House of \nAssembly; \n(d) staff of any local government council;\n \n(e) staff of any statutory corporation established by a Law of a \nHouse of Assembly;\n \n(f) staff of any educational institution established or financed \nprincipally by a government of a State; and \n(g) staff of any company or enterprise in which the government \nof a State or its agency holds controlling shares or interest; \n\u201cSchool\tCertificate\tor\tits\tequivalent\u201d means - \n(a) a Secondary School Certificate or its equivalent, or Grade II \nTeacher\u2019s Certificate, the City and Guilds Certificate; or\n \n(b) education up to Secondary School Certificate level; or \n(c) Primary Six School Leaving Certificate or its equivalent and \u2013\n(i) service in the public or private sector in the Federation in \nany capacity acceptable to the Independent National Electoral \nCommission for a minimum of ten years; and \n(ii) attendance at courses and training in such institutions as \nmay be acceptable to the Independent National Electoral \nCommission for periods totalling up to a minimum of one year; \nand\n(iii) the ability to read, write, understand and communicate in \nthe English language to the satisfaction of the Independent \nNational Electoral Commission; and \n(d) any other qualification acceptable by the Independent \nNational Electoral Commission; \n\u201cSecret society\u201d includes any society, association, group or body \nof persons (whether registered or not) - \n(a) that uses secret signs, oaths, rites or symbols and which is \nformed to promote a cause, the purpose or part of the purpose \nof which is to foster the interest of its members and to aid one \nanother under any circumstances without due regard to merit, \nfair play or justice, to the detriment of the legitimate interest of \nthose who are not members; \n(b) the membership of which is incompatible with the function \nor dignity of any public office under this Constitution and whose \nmembers are sworn to observe oaths of secrecy; or \n(c) the activities of which are not known to the public at \nlarge, the names of whose members are kept secret and \nwhose meetings and other activities are held in secret; \n\u201cState\u201d when used otherwise than in relation to one of the \ncomponent parts of the Federation, includes government. \n(2) Wherever it is provided that any authority or person has power \nto make, recommend or approve an appointment to an office, \nsuch power shall be construed as including the power to make, \nrecommend or approve a person for such appointment, whether on \npromotion or otherwise, or to act in any such office. \n(3) In this Constitution, references to a person holding an office \nshall include references to a person acting in such office. \n(4) The Interpretation Act shall apply for the purpose of interpreting \nthe provisions of this Constitution. \n[Cap. I23 LFN]" |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "319", |
| "title": "Citation", |
| "content": "This Constitution may be cited as the Constitution of the Federal \nRepublic of Nigeria 1999." |
| }, |
| { |
| "source": "Constitution", |
| "section_number": "320", |
| "title": "Commencement", |
| "content": "The provisions of this Constitution shall come into force on 29th \nday of May 1999.\nSCHEDULES\nFIRST SCHEDULE\n[Section 3]\nPART I\n \nStates of the Federation\nState Local Government Areas Capital City\nAbia Aba North, Aba South, Arochukwu, \nBende, Ikwuano, Isiala-Ngwa North, \nIsiala-Ngwa South, Isuikwuato, Obi \nNgwa, Ohafia, Osisioma Ngwa, \nUgwunagbo, Ukwa East, Ukwa West, \nUmuahia North, Umuahia South, Umu-\nNneochi \nUmuahia\nAdamawa Demsa, Fufore, Ganye, Girei, Gombi, \nGuyuk, Hong, Jada, Lamurde, \nMadagali, Maiha, Mayo-Belwa, \nMichika, Mubi North, Mubi South, \nNuman, Shelleng, Song, Toungo, Yola \nNorth, Yola South\nYola\nAkwa \nIbom \nAbak, Eastern Obolo, Eket, Esit Eket, \nEssien Udim, Etim Ekpo, Etinan, Ibeno, \nIbesikpo Asutan, Ibiono Ibom, Ika, \nIkono, Ikot Abasi, Ikot Ekpene, Ini, Itu, \nMbo, Mkpat Enin, Nsit Atai, Nsit Ibom, \nNsit Ubium, Obot Akara, Okobo, \nOnna, Oron, Oruk Anam, Udung Uko, \nUkanafun, Uruan, Urue-Offong/Oruko, \nUyo\nUyo\nAnambra Aguata, Anambra East, Anambra West, \nAnaocha, Awka North, Awka South, \nAyamelum, Dunukofia, Ekwusigo, \nIdemili North, Idemili South, Ihiala, \nNjikoka, Nnewi North, Nnewi South, \nOgbaru, Onitsha North, Onitsha South, \nOrumba North, Orumba South, Oyi\nAwka\nBauchi Alkaleri, Bauchi, Bogoro, Damban, \nDarazo, Dass, Gamawa, Ganjuwa, \nGiade, Itas/Gadau, Jama\u2019are, \nKatagum, Kirfi, Misau, Ningi, Shira, \nTafawa-Balewa, Toro, Warji, Zaki \nBauchi\nBayelsa Brass, Ekeremor, Kolokuma/Opokuma, \nNembe, Ogbia, Sagbama, Southern \nIjaw, Yenegoa\nYenegoa\nBenue Ado, Agatu, Apa, Buruku, Gboko, \nGuma, Gwer East, Gwer West, \nKatsina-Ala, Konshisha, Kwande, \nLogo, Makurdi, Obi, Ogbadibo, Oju, \nOkpokwu, Ohimini, Oturkpo, Tarka, \nUkum, Ushongo, Vandeikya\nMakurdi\nBorno Abadam, Askira/Uba, Bama, Bayo, \nBiu, Chibok, Damboa, Dikwa, Gubio, \nGuzamala, Gwoza, Hawul, Jere, Kaga, \nKala/Balge, Konduga, Kukawa, Kwaya \nKusar, Mafa, Magumeri, Maiduguri, \nMarte, Mobbar, Monguno, Ngala, \nNganzai, Shani\nMaiduguri\nCross \nRiver \nAbi, Akamkpa, Akpabuyo, Bakassi, \nBekwara, Biase, Boki, Calabar-\nMunicipal, Calabar South, Etung, Ikom, \nObanliku, Obubra, Obudu, Odukpani, \nOgoja, Yakurr, Yala \nCalabar\nDelta Aniocha North, Aniocha South, \nBomadi, Burutu, Ethiope East, Ethiope \nWest, Ika North East, Ika South, Isoko \nNorth, Isoko South, Ndokwa East, \nNdokwa West, Okpe, Oshimili North, \nOshimili South, Patani, Sapele, Udu, \nUghelli North, Ughelli South, Ukwuani, \nUvwie, Warri North, Warri South, Warri \nSouth West\nAsaba\nEbonyi Abakaliki, Afikpo, Edda, Ebonyi, Ezza \nNorth, Ezza South, Ikwo, Ishielu, Ivo, \nIzzi, Ohaozara, Ohaukwu, Onicha \nAbakaliki\nEdo Akoko-Edo, Egor, Esan Central, Esan \nNorth East, Esan South East, Esan \nWest, Etsako Central, Etsako East, \nEtsako West, Igueben, Ikpoba-Okha, \nOredo, Orhionmwon, Ovia North East, \nOvia South West, Owan East, Owan \nWest, Uhunmwonde\nBenin City\nEkiti Ado Ekiti, Aiyekire, Efon, Ekiti East, \nEkiti South West, Ekiti West, Emure, \nIdo-Osi, Ijero, Ikere, Ikole, Ilejemeji, \nIrepodun/Ifelodun, Ise/Orun, Moba, \nOye\nAdo Ekiti\nEnugu Aninri, Awgu, Enugu East, Enugu \nNorth, Enugu South, Ezeagu, Igbo-\nEtiti, Igbo-Eze North, Igbo-Eze South, \nIsi-Uzo, Nkanu East, Nkanu West, \nNsukka, Oji-River, Udenu, Udi, Uzo-\nUwani\nEnugu\nGombe Akko, Balanga, Billiri, Dukku, \nFunakaye, Gombe, Kaltungo, Kwami, \nNafada, Shomgom, Yamaltu/Deba\nGombe\n[First Schedule, Part \nI is altered by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No.1) \nAct), 2023]\nImo Aboh-Mbaise, Ahiazu-Mbaise, Ehime-\nMbano, Ezinihitte, Ideato North, Ideato \nSouth, Ihitte/Uboma, Ikeduru, Isiala \nMbano, Isu, Mbaitoli, Ngor-Okpala, \nNjaba, Nwangele, Nkwerre, Obowo, \nOguta, Ohaji/Egbema, Okigwe, Orlu, \nOrsu, Oru East, Oru West, Owerri-\nMunicipal, Owerri North, Owerri West, \nOnuimo\nOwerri\nJigawa Auyo, Babura, Birnin Kudu, Biriniwa, \nBuji, Dutse, Gagarawa, Garki, Gumel, \nGuri, Gwaram, Gwiwa, Hadejia, Jahun, \nKafin Hausa, Kaugama, Kazaure, Kiri \nKasamma, Kiyawa, Maigatari, Malam \nMadori, Miga, Ringim, Roni, Sule-\nTankarkar, Taura, Yankwashi\nDutse \nKaduna Birnin-Gwari, Chikun, Giwa, Igabi, \nIkara, Jaba, Jema\u2019a, Kachia, Kaduna \nNorth, Kaduna South, Kagarko, Kajuru, \nKaura, Kauru, Kubau, Kudan, Lere, \nMarkafi, Sabon-Gari, Sanga, Soba, \nZango-Kataf, Zaria\nKaduna \nKano Ajingi, Albasu, Bagwai, Bebeji, Bichi, \nBunkure, Dala, Dambatta, Dawakin \nKudu, Dawakin Tofa, Doguwa, Fagge, \nGabasawa, Garko, Garum Mallam, \nGaya, Gezawa, Gwale, Gwarzo, Kabo, \nKano Municipal, Karaye, Kibiya, Kiru, \nKumbotso, Ghari, Kura, Madobi, \nMakoda, Minjibir, Nasarawa, Rano, \nRimin Gado, Rogo, Shanono, Sumaila, \nTakai, Tarauni, Tofa, Tsanyawa, Tudun \nWada, Ungogo, Warawa, Wudil\nKano [First Schedule, Part \nI is altered by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No.2) \nAct), 2023]\nKatsina Bakori, Batagarawa, Batsari, Baure, \nBindawa, Charanchi, Dandume, Danja, \nDan Musa, Daura, Dutsi, Dutsin-Ma, \nFaskari, Funtua, Ingawa, Jibia, Kafur, \nKaita, Kankara, Kankia, Katsina, Kurfi, \nKusada, Mai\u2019Adua, Malumfashi, Mani, \nMashi, Matazu, Musawa, Rimi, Sabuwa, \nSafana, Sandamu, Zango\nKatsina \nKebbi Aleiro, Arewa-Dandi, Argungu, Augie, \nBagudo, Birnin Kebbi, Bunza, Dandi, \nFakai, Gwandu, Jega, Kalgo, Koko/\nBesse, Maiyama, Ngaski, Sakaba, \nShanga, Suru, Wasagu/Danko, Yauri, \nZuru\nBirnin \nKebbi \nKogi Adavi, Ajaokuta, Ankpa, Bassa, Dekina, \nIbaji, Idah, Igalamela-Odolu, Ijumu, \nKabba/Bunu, Kogi, Lokoja, Mopa-\nMuro, Ofu, Ogori/Magongo, Okehi, \nOkene, Olamabolo, Omala, Yagba \nEast, Yagba West\nLokoja\nKwara Asa, Baruten, Edu, Ekiti, Ifelodun, \nIlorin East, Ilorin South, Ilorin West, \nIrepodun, Isin, Kaiama, Moro, Offa, \nOke-Ero, Oyun, Pategi\nIlorin\nLagos Agege, Ajeromi-Ifelodun, Alimosho, \nAmuwo-Odofin, Apapa, Badagry, Epe, \nEti-osa, Ibeju/Lekki, Ifako-Ijaye, Ikeja, \nIkorodu, Kosofe, Lagos Island, Lagos \nMainland, Mushin, Ojo, Oshodi-Isolo, \nShomolu, Surulere\nIkeja\nNasarawa Akwanga, Awe, Doma, Karu, Keana, \nKeffi, Kokona, Lafia, Nasarawa, \nNasarawa- Eggon, Obi, Toto, Wamba\nLafia\nNiger Agaie, Agwara, Bida, Borgu, Bosso, \nChanchaga, Edati, Gbako, Gurara, \nKatcha, Kontagora, Lapai, Lavun, \nMagama, Mariga, Mashegu, Mokwa, \nMuya, Paikoro, Rafi, Rijau, Shiroro, \nSuleja, Tafa, Wushishi\nMinna\nOgun Abeokuta North, Abeokuta South, \nAdo-Odo/Ota, Yewa North, Yewa \nSouth, Ewekoro, Ifo, Ijebu East, Ijebu \nNorth, Ijebu North East, Ijebu Ode, \nIkenne, Imeko- Afon, Ipokia, Obafemi-\nOwode, Ogun Waterside, Odeda, \nOdogbolu, Remo North, Shagamu\nAbeokuta\nOndo Akoko North East, Akoko North West, \nAkoko South East, Akoko South West, \nAkure North, Akure South, Ese-\nOdo, Idanre, Ifedore, Ilaje, Ile-Oluji-\nOkeigbo, Irele, Odigbo, Okitipupa, \nOndo East, Ondo West, Ose, Owo\nAkure\nOsun Aiyedade, Aiyedire, Atakumosa East, \nAtakumosa West, Boluwaduro, Boripe, \nEde North, Ede South, Egbedore, \nEjigbo, Ife Central, Ife East, Ife North, \nIfe South, Ifedayo, Ifelodun, Ila, Ilesha \nEast, Ilesha West, Irepodun, Irewole, \nIsokan, Iwo, Obokun, Odo-Otin, \nOla-Oluwa, Olorunda, Oriade, Orolu, \nOsogbo\nOsogbo\n[First \nSchedule, Part I \nis altered by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No.3) \nAct), 2023]\nOyo Afijio, Akinyele, Atiba, Atisbo, Egbeda, \nIbadan Central, Ibadan North, Ibadan \nNorth West, Ibadan South East, Ibadan \nSouth West, Ibarapa Central, Ibarapa \nEast, Ibarapa North, Ido, Irepo, Iseyin, \nItesiwaju, Iwajowa, Kajola, Lagelu, \nOgbomosho North, Ogbmosho South, \nOgo Oluwa, Olorunsogo, Oluyole, \nOna-Ara, Orelope, Ori Ire, Oyo East, \nOyo West, Saki East, Saki West, \nSurulere\nIbadan\nPlateau Barikin Ladi, Bassa, Bokkos, Jos East, \nJos North, Jos South, Kanam, Kanke, \nLangtang North, Langtang South, \nMangu, Mikang, Pankshin, Qua\u2019an Pan, \nRiyom, Shendam, Wase\nJos\nRivers Abua/Odual, Ahoada East, Ahoada \nWest, Akuku Toru, Andoni, Asari-Toru, \nBonny, Degema, Emohua, Eleme, \nEtche, Gokana, Ikwerre, Khana, Obio/\nAkpor, Ogba/Egbema/Ndoni, Ogu/\nBolo, Okrika, Omumma, Opobo/\nNkoro, Oyigbo, Port- Harcourt, Tai\nPort-\nHarcourt\nSokoto Binji, Bodinga, Dange-shuni, Gada, \nGoronyo, Gudu, Gwadabawa, Illela, \nIsa, Kware, Kebbe, Rabah, Sabon Birni, \nShagari, Silame, Sokoto North, Sokoto \nSouth, Tambuwal, Tangaza, Tureta, \nWamakko, Wurno, Yabo\nSokoto\nTaraba Ardo-Kola, Bali, Donga, Gashaka, \nGassol, Ibi, Jalingo, Karim-Lamido, \nKurmi, Lau, Sardauna, Takum, Ussa, \nWukari, Yorro, Zing\nJalingo\n[First Schedule, Part \nI is altered by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No.4) \nAct), 2023]\n[First Schedule, Part \nI is altered by the \nConstitution of the \nFederal Republic of \nNigeria, 1999 (Fifth \nAlteration) (No.5) \nAct), 2023]\nYobe Bade, Bursari, Damaturu, Fika, Fune, \nGeidam, Gujba, Gulani, Jakusko, \nKarasuwa, Karawa, Machina, Nangere, \nNguru, Potiskum, Tarmua, Yunusari, \nYusufari\nDamaturu\nZamfara Anka, Bakura, Birnin Magaji, \nBukkuyum, Bungudu, Gummi, Gusau, \nKaura Namoda, Maradun, Maru, \nShinkafi, Talata Mafara, Tsafe, Zurmi\nGusau\nPART II" |
| } |
| ] |
