Nigeria 1999 (rev. 2011) Subsequently amended

TO LIVE in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding

AND TO PROVIDE for a Constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people

DO HEREBY make, enact and give to ourselves the following Constitution:-

Chapter I. General Provisions

Part I. Federal Republic of Nigeria

1

  1. This Constitution is Supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.
  2. The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
Constitutionality of legislation

2

Type of government envisioned

3

Size of second chamber National capital

Part II. Powers of the Federal Republic of Nigeria

4

Structure of legislative chamber(s)
  1. any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and
  2. any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.
Subsidiary unit government , National vs subnational laws Subsidiary unit government Subsidiary unit government
  1. any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution;
  2. any matter included in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and
  3. any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.
Protection from ex post facto laws

5

    Subject to the provisions of this Constitution, the executive powers of the Federation:
    Deputy executive , Name/structure of executive(s) Subsidiary unit government
    1. shall be vested in the Governor of that State and may, subject as aforesaid and to the provisions of any Law made by a House of Assembly, be exercised by him either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State; and
    2. shall extend to the execution and maintenance of this Constitution, all laws made by the House of Assembly of the State and to all matters with respect to which the House of Assembly has for the time being power to make laws.
    1. impede or prejudice the exercise of the executive powers of the Federation;
    2. endanger any asset or investment of the Government of the Federation in that State; or
    3. endanger the continuance of a Federal Government in Nigeria.
    Joint meetings of legislative chambers , Power to declare/approve war Designation of commander in chief Designation of commander in chief , Advisory bodies to the head of state

    Notwithstanding the provisions of subsection (4) of this section, the President, in consultation with the National Defence Council, may deploy members of the armed forces of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger:

    Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within 14 days.

    6

    1. The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation.
    2. The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State.
    3. The courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection (5) (a) to (1) of this section, shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record.
    4. Nothing in the foregoing provisions of this section shall be construed as precluding:-
      1. the National Assembly or any House of Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of a High Court;
      2. the National Assembly or any House of Assembly, which does not require it, from abolishing any court which it has power to establish or which it has brought into being.
      Structure of the courts
      1. the Supreme Court of Nigeria;
      2. the Court of Appeal;
      3. the Federal High Court;
      Establishment of labor courts Establishment of religious courts Establishment of religious courts
      1. shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law;
      2. shall extend, to all matters between persons, or between government or authority and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person;
      3. shall not except as otherwise provided by this Constitution, extend to any issue or question as to whether any act of omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution;
      4. shall not, as from date when this section comes into force, extend to any action or proceedings relating to any existing law made on or after 15th January, 1966 for determining any issue or question as to the competence of any authority or person to make any such law.
      Municipal government

      7

      1. The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall, subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.
      2. The person authorised by law to prescribe the area over which a local government council may exercise authority shall-
        1. define such area as clearly as practicable; and
        2. ensure, to the extent to which it may be reasonably justifiable that in defining such area regard is paid to-
          1. the common interest of the community in the area;
          2. traditional association of the community; and
          3. administrative convenience.
          1. the National Assembly shall make provisions for statutory allocation of public revenue to local government councils in the Federation; and
          2. the House of Assembly of a State shall make provisions for statutory allocation of public revenue to local government councils within the State.

          8

          1. An Act of the National Assembly for the purpose of creating a new State shall only be passed if-
            1. a request, supported by at least two-thirds majority of members (representing the area demanding the creation of the new State) in each of the following, namely-
              1. the Senate and the House of Representatives,
              2. the House of Assembly in respect of the area, and
              3. the local government councils in respect of the area,

              is received by the National Assembly;

              1. a request for the boundary adjustment, supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely-
                1. the Senate and the House of Representatives,
                2. the House of Assembly in respect of the area, and
                3. the local government councils in respect of the area,

                is received by the National Assembly; and

                1. a simple majority of members of each House of the National Assembly, and
                2. a simple majority of members of the House of Assembly in respect of the area concerned.
                1. a request supported by at least two-thirds majority of members (representing the area demanding the creation of the new local government area) in each of the following, namely-
                  1. the House of Assembly in respect of the area, and
                  2. the local government councils in respect of the area,

                  is received by the House of Assembly;

                  1. a request for the boundary adjustment is supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely-
                    1. the House of Assembly in respect of the area, and
                    2. the local government council in respect of the area,

                    is received by the House of Assembly; and

                    Constitution amendment procedure

                    9

                    1. The National Assembly may, subject to the provision of this section, alter any of the provisions of this Constitution.
                    2. An Act of the National Assembly for the alteration of this Constitution, not being an Act to which section 8 of this Constitution applies, shall not be passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by resolution of the Houses of Assembly of not less than two-thirds of all the States.
                    3. An Act of the National Assembly for the purpose of altering the provisions of this section, section 8 or Chapter IV of this Constitution shall not be passed by either House of the National Assembly unless the proposal is approved by the votes of not less than four-fifths majority of all the members of each House, and also approved by resolution of the House of Assembly of not less than two-third of all States.
                    4. For the purposes of section 8 of this Constitution and of subsections (2) and (3) of this section, the number of members of each House of the National Assembly shall, notwithstanding any vacancy, be deemed to be the number of members specified in sections 48 and 49 of this Constitution.
                    Separation of church and state

                    11

                    1. The National Assembly may make laws for the Federation or any part therefore with respect to the maintenance and securing of public safety and public order and providing, maintaining and securing of such supplies and service as may be designed by the National Assembly as essential supplies and services.
                    2. Nothing in this section shall preclude a House of Assembly from making laws with respect to the matter referred to in this section, including the provision for maintenance and securing of such supplies and services as may be designated by the National Assembly as essential supplies and services.
                    3. During any period when the Federation is at war the National Assembly may make such laws for the peace, order and good government of the Federation or any part therefore with respect to matters not included in the Exclusive Legislative List as may appear to it to be necessary or expedient for the defence of the Federation.
                    4. At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:

                    Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.

                    Treaty ratification , Legal status of treaties , International law

                    12

                    1. No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly.
                    2. The National Assembly may make laws for the Federation or any part thereof with respect to matters not included in the Exclusive Legislative List for the purpose of implementing a treaty.
                    3. A bill for an Act of the National Assembly passed pursuant to the provisions of subsection (2) of this section shall not be presented to the President for assent, and shall not be enacted unless it is ratified by a majority of all the House of Assembly in the Federation.

                    Chapter II. Fundamental Objectives and Directive Principles of State Policy

                    Duty to obey the constitution

                    14

                    1. The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice.
                    2. It is hereby, accordingly, declared that:
                      1. sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority;
                      2. the security and welfare of the people shall be the primary purpose of government; and
                      3. the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.
                      Integration of ethnic communities

                      15

                      National motto

                      Equality regardless of gender , Equality regardless of language , Equality regardless of origin , Equality regardless of religion

                      1. provide adequate facilities for and encourage free mobility of people, goods and services throughout the Federation;
                      2. secure full residence rights for every citizen in all parts of the Federation;
                      3. encourage inter-marriage among persons from different places of origin, or of different religious, ethnic or linguistic association or ties; and
                      4. promote or encourage the formation of associations that cut across ethnic, linguistic, religious and or other sectional barriers.

                      16

                        The State shall, within the context of the ideals and objectives for which provisions are made in this Constitution-
                          harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy;
                        Mentions of social class Mentions of social class

                        State support for the elderly , State support for the unemployed , Right to reasonable standard of living , State support for the disabled , Right to shelter

                        1. to review, from time to time, the ownership and control of business enterprises operating in Nigeria and make recommendations to the President on same; and
                        2. to administer any law for the regulation of the ownership and control of such enterprises.
                        1. the reference to the “major sectors of the economy” shall be construed as a reference to such economic activities as may, from time to time, be declared by a resolution of each House of the National Assembly to be managed and operated exclusively by the Government of the Federation, and until a resolution to the contrary is made by the National Assembly, economic activities being operated exclusively by the Government of the Federation on the date immediately preceding the day when this section comes into force, whether directly or through the agencies of a statutory or other corporation or company, shall be deemed to be major sectors of the economy;
                        2. “economic activities” includes activities directly concerned with the production, distribution and exchange of weather or of goods and services; and
                        3. “participate” includes the rendering of services and supplying of goods.

                        17

                        1. The State social order is founded on ideals of Freedom, Equality and Justice.
                        2. In furtherance of the social order-
                          General guarantee of equality Human dignity Judicial independence Right to work , Right to reasonable standard of living Right to rest and leisure , Right to safe work environment , Right to culture Right to safe work environment Right to health care Right to just remuneration Rights of children Right to found a family

                          18

                            Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.
                          Reference to science Free education Compulsory education
                          1. promotion and protection of the national interest;
                          Regional group(s) International law Protection of environment Right to culture Human dignity Reference to science Radio , Telecommunications , Television Duty to obey the constitution , National anthem , National flag Duty to serve in the military Human dignity Duty to pay taxes

                          Chapter III. Citizenship

                          Requirements for birthright citizenship

                          25

                          1. The following persons are citizens of Nigeria by birth namely-
                            1. every person born in Nigeria before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria:

                            Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria;

                            Requirements for naturalization , Head of state powers

                            26

                            1. Subject to the provisions of section 28 of this Constitution, a person to whom the provisions of this section apply may be registered as a citizen of Nigeria, if the President is satisfied that-
                              1. he is a person of good character;
                              2. he has shown a clear intention of his desire to be domiciled in Nigeria; and
                              3. he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution.
                              1. any woman who is or has been married to a citizen of Nigeria; or
                              2. every person of full age and capacity born outside Nigeria any of whose grandparents is a citizen of Nigeria.
                              Requirements for naturalization , Head of state powers

                              27

                              1. Subject to the provisions of section 28 of this Constitution, any person who is qualified in accordance with the provisions of this section may apply to the President for the same of a certificate of naturalisation.
                              2. No person shall be qualified to apply for the grant of a certificate or naturalisation, unless he satisfies the President that-
                                1. he is a person of full age and capacity;
                                2. he is a person of good character;
                                3. he has shown a clear intention of his desire to be domiciled in Nigeria;
                                4. he is, in the opinion of the Governor of the State where he is or he proposes to be resident, acceptable to the local community in which he is to live permanently, and has been assimilated into the way of life of Nigerians in that part of the Federation;
                                5. he is a person who has made or is capable of making useful contribution to the advancement; progress and well-being of Nigeria;
                                6. he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution; and
                                7. he has, immediately preceding the date of his application, either-
                                  1. resided in Nigeria for a continuous period of fifteen years; or
                                  2. resided in Nigeria continuously for a period of twelve months, and during the period of twenty years immediately preceding that period of twelve months has resided in Nigeria for periods amounting in the aggregate to not less than fifteen years.

                                  28

                                  Conditions for revoking citizenship Right to renounce citizenship

                                  29

                                  1. Any citizen of Nigeria of full age who wishes to renounce his Nigerian citizenship shall make a declaration in the prescribed manner for the renunciation.
                                  2. The President shall cause the declaration made under subsection (1) of this section to be registered and upon such registration, the person who made the declaration shall cease to be a citizen of Nigeria.
                                  3. The President may withhold the registration of any declaration made under subsection (1) of this section if-
                                    1. the declaration is made during any war in which Nigeria is physically involved; or
                                    2. in his opinion, it is otherwise contrary to public policy.
                                    1. “full age” means the age of eighteen years and above;
                                    2. any woman who is married shall be deemed to be of full age.
                                    Conditions for revoking citizenship , Head of state powers

                                    30

                                    1. The President may deprive a person, other than a person who is a citizen of Nigeria by birth or by registration, of his citizenship, if he is satisfied that such a person has, within a period of seven years after becoming naturalised, been sentenced to imprisonment for a term of not less than three years.
                                    2. The President shall deprive a person, other than a person who is citizen of Nigeria by birth, of his citizenship, if he is satisfied from the records of proceedings of a court of law or other tribunal or after due inquiry in accordance with regulations made by him, that-
                                      1. the person has shown himself by act or speech to be disloyal towards the Federal Republic of Nigeria; or
                                      2. the person has, during any war in which Nigeria was engaged, unlawfully traded with the enemy or been engaged in or associated with any business that was in the opinion of the president carried on in such a manner as to assist the enemy of Nigeria in that war, or unlawfully communicated with such enemy to the detriment of or with intent to cause damage to the interest of Nigeria.
                                      1. For the purposes of this Chapter, a parent or grandparent of a person shall be deemed to be a citizen of Nigeria if at the time of the birth of that person such parent or grandparent would have possessed that status by birth if he had been alive on the date of independence; and in this section, “the date of independence” has the meaning assigned to it in section 25(2) of this Constitution.
                                      Head of state powers

                                      32

                                      1. The president may make regulations, not inconsistent with this Chapter, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Chapter, and for granting special immigrant status with full residential rights to non-Nigerian spouses of citizens of Nigeria who do not wish to acquire Nigerian citizenship.
                                      2. Any regulations made by the president pursuant to the provisions of this section shall be laid before the National Assembly.

                                      Chapter IV. Fundamental Rights

                                      33

                                      Right to life
                                      1. for the defence of any person from unlawful violence or for the defence of property;
                                      2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or
                                      3. for the purpose of suppressing a riot, insurrection or mutiny.
                                      Prohibition of slavery

                                      34

                                      Human dignity Prohibition of cruel treatment , Prohibition of torture Right to conscientious objection
                                      1. normal communal or other civic obligations of the well-being of the community,
                                      2. such compulsory national service in the armed forces of the Federation as may be prescribed by an Act of the National Assembly, or
                                      3. such compulsory national service which forms part of the education and training of citizens of Nigeria as may be prescribed by an Act of the National Assembly.

                                      35

                                      Protection from unjustified restraint
                                      1. in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty;
                                      2. by reason of his failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed upon him by law;
                                      3. for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence;
                                      4. in the case of a person who has not attained the age of eighteen years for the purpose of his education or welfare;
                                      Drugs, alcohol, and illegal substances Restrictions on entry or exit , Power to deport citizens , Extradition procedure

                                      Provided that a person who is charged with an offence and who has been detained in lawful custody awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period of imprisonment prescribed for the offence.

                                      Protection from self-incrimination Trial in native language of accused Right to pre-trial release
                                      1. two months from the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail; or
                                      2. three months from the date of his arrest or detention in the case of a person who has been released on bail,

                                      he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date.

                                      1. in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and
                                      2. in any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.
                                      Protection from false imprisonment
                                      1. in relation to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and
                                      2. as invalidating any law by reason only that it authorises the detention for a period not exceeding three months of a member of the armed forces of the federation or a member of the Nigeria Police Force in execution of a sentence imposed by an officer of the armed forces of the Federation or of the Nigeria police force, in respect of an offence punishable by such detention of which he has been found guilty.

                                      36

                                      1. In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.
                                      2. Without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law-
                                        1. provides for an opportunity for the persons whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and
                                        2. contains no provision making the determination of the administering authority final and conclusive.
                                        Right to public trial , Right to fair trial , Right to speedy trial

                                        Whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal:

                                        Privileges for juveniles in criminal process Presumption of innocence in trials

                                        Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty:

                                        Provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of proving particular facts.

                                        Trial in native language of accused Right to counsel Right to examine evidence/witnesses Trial in native language of accused Principle of no punishment without law , Protection from ex post facto laws Prohibition of double jeopardy Prohibition of double jeopardy Protection from self-incrimination Principle of no punishment without law Telecommunications , Right to privacy Freedom of opinion/thought/conscience , Freedom of religion

                                        38

                                        1. Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.
                                        2. No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction ceremony or observance relates to a religion other than his own, or religion not approved by his parent or guardian.
                                        3. No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.
                                        4. Nothing in this section shall entitle any person to form, take part in the activity or be a member of a secret society.
                                        Freedom of expression , Freedom of press

                                        39

                                          Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.
                                        Television , Telecommunications , Radio

                                        Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions:

                                        Provided that no person, other than the Government of the Federation or of a State or any other person or body authorised by the President on the fulfilment of conditions laid down by an Act of the National Assembly, shall own, establish or operate a television or wireless broadcasting station for, any purpose whatsoever.

                                        Television , Telecommunications , Radio

                                        Right to form political parties , Right to join trade unions , Freedom of association , Freedom of assembly

                                        Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests:

                                        Provided that the provisions of this section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission with respect to political parties to which that Commission does not accord recognition.

                                        Freedom of movement

                                        41

                                        1. Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.
                                        2. Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society-
                                          1. imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or
                                          Extradition procedure
                                          1. be tried outside Nigeria for any criminal offence, or
                                          2. undergo imprisonment outside Nigeria in execution of the sentence of a court of law in respect of a criminal offence of which he has been found guilty:

                                          Provided that there is reciprocal agreement between Nigeria and such other country in relation to such matter.

                                          General guarantee of equality

                                          42

                                            A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-

                                            Equality regardless of origin , Equality regardless of gender , Equality regardless of political party , Equality regardless of religion

                                            Right to own property Protection from expropriation

                                            44

                                            1. No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by a law that, among other things-
                                              1. requires the prompt payment of compensation therefore; and
                                              2. gives to any person claiming such compensation a right of access for the determination of his interest in the property and the amount of compensation to a court of law or tribunal or body having jurisdiction in that part of Nigeria.
                                              Protection of environment Protection of environment Telecommunications Ownership of natural resources Emergency provisions

                                              45

                                              1. Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society-
                                                1. in the interest of defence, public safety, public order, public morality or public health; or
                                                2. for the purpose of protecting the rights and freedom or other persons.

                                                Provided that nothing in this section shall authorise any derogation from the provisions of section 33 of this Constitution, except in respect of death resulting from acts of war or authorise any derogation from the provisions of section 36(8) of this Constitution.

                                                46

                                                Protection from false imprisonment
                                                1. Any person who alleges that any of the provisions of this Chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High Court in that State for redress.
                                                2. Subject to the provisions of this Constitution, a High Court shall have original jurisdiction to hear and determine any application made to it in pursuance of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcement or securing the enforcing within that State of any right to which the person who makes the application may be entitled under this Chapter.
                                                3. The Chief Justice of Nigeria may make rules with respect to the practice and procedure of a High Court for the purposes of this section.
                                                4. The National Assembly-
                                                  1. may confer upon a High Court such powers in addition to those conferred by this section as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by this section; and
                                                  2. shall make provisions-
                                                    1. for the rendering of financial assistance to any indigent citizen of Nigeria where his right under this Chapter has been infringed or with a view to enabling him to engage the services of a legal practitioner to prosecute his claim, and
                                                    2. for ensuring that allegations of infringement of such rights are substantial and the requirement or need for financial or legal aid is real.

                                                    Chapter V. The Legislature

                                                    Part I. National Assembly

                                                    A. Composition and Staff of National Assembly

                                                    Structure of legislative chamber(s) Second chamber selection , Size of second chamber Size of first chamber

                                                    50

                                                      There shall be:-
                                                      Leader of second chamber Leader of first chamber
                                                      1. if he ceases to be a member of the Senate or of the House of Representatives, as the case may be, otherwise than by reason of a dissolution of the Senate or the House of Representatives; or
                                                      2. when the House of which he was a member first sits after any dissolution of that House; or
                                                      3. if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of the members of that House.

                                                      B. Procedure for Summoning and Dissolution of National Assembly

                                                      Oaths to abide by constitution , Earnings disclosure requirement

                                                      52

                                                      1. Every member of the Senate or the House of Representatives shall, before taking his seat, declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership as prescribed in the Seventh Schedule to this Constitution before the President of the Senate or, as the case may be, the Speaker of the House of Representatives, but a member may before taking the oaths take part in the election of a President and a Deputy President of the Senate, as the case may be, or a Speaker and a Deputy Speaker of the House of Representatives.
                                                      2. The President and Deputy President of the Senate and the Speaker and the Deputy Speaker of the House of Representatives shall declare their assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership prescribed as aforesaid before the Clerk of the National Assembly.

                                                      53

                                                        At any sitting of the National Assembly-
                                                        Leader of second chamber Leader of first chamber
                                                        1. the President of Senate shall preside, and in his absence the Speaker of the House of Representatives shall preside; and
                                                        2. in the absence of the persons mentioned in paragraph (a) of this subsection, the Deputy President of the Senate shall preside, and in his absence the Deputy Speaker of the House of Representatives shall preside.
                                                        Quorum for legislative sessions

                                                        54

                                                        1. The quorum of the Senate or of the House of Representatives shall be one-third of all the members on of the Legislative House concerned.
                                                        2. The quorum of a joint sitting of both the Senate or of the House of Representatives shall be one-third of all the members of both Houses.
                                                        3. If objection is taken by any member of the Senate or the House of Representatives present that there are present in the House of which he is a member (besides the person presiding) fewer than one-third of all the members of that House and that it is not competent for the House to transact business, and after such interval as may be prescribed in the rules of procedure of the House, the person presiding ascertains that the number of members present is still less than one-third of all the members of the House he shall adjourn the House.
                                                        4. The foregoing provisions of this section shall apply in relation to a joint sitting of both Houses of the National Assembly as they apply in relation to a House of the National Assembly as if references to the Senate or the House of Representatives and a member of either Houses are references to both Houses and to any member of the National Assembly, respectively.
                                                        Official or national languages

                                                        56

                                                        1. Except as otherwise provided by this Constitution any question proposed for decision in the Senate or the House of Representatives shall be determined by the required majority or the members present and voting; and the person presiding shall cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case.
                                                        2. Except as otherwise provided by this Constitution, the required majority for the purpose of determining any question shall be a simple majority.
                                                        3. The Senate or the House of Representatives shall by its rules provide-
                                                          1. that a member of the House shall declare any direct pecuniary interest he may have in any matter coming before the House for deliberation;
                                                          2. that the House may by resolution decide whether or not such member may vote, or participate in its deliberations, on such matter;
                                                          3. the penalty, if any, which the House may impose for failure to declare any direct pecuniary interest such member may have; and
                                                          4. for such other matters pertaining to the foregoing as the House may think necessary,

                                                          but nothing in the foregoing provisions shall enable any rules to be made to require any member, who signifies his intention not to vote on or participate in such matter, and who does not so vote or participate, to declare any such interest.

                                                          Approval or veto of general legislation , Division of labor between chambers

                                                          58

                                                          1. The power of the National Assembly to make laws shall be exercised by bills passed by both the Senate and the House of Representatives and, except as otherwise provided by subsection (5) of this section, assented to by the President.
                                                          2. A bill may originate in either the Senate or the House of Representatives and shall not become law unless it has been passed and, except as otherwise provided by this section and section 59 of this Constitution, assented to in accordance with the provisions of this section.
                                                          3. Where a bill has been passed by the House in which it originated, it shall be sent to the other House, and it shall be presented to the President for assent when it has been passed by that other House and agreement has been reached between the two Houses on any amendment made on it.
                                                          4. Where a bill is presented to the President for assent, he shall within thirty days thereof signify that he assents or that he withholds assent.
                                                          Veto override procedure Tax bills , Spending bills , Joint meetings of legislative chambers

                                                          59

                                                          1. The provisions of this section shall apply to:
                                                            1. an appropriation bill or a supplementary appropriation bill, including any other bill for the payment, issue or withdrawal from the Consolidated Revenue Fund or any other public fund of the Federation of any money charged thereon or any alteration in the amount of such a payment, issue or withdrawal; and
                                                            2. a bill for the imposition of or increase in any tax, duty or fee or any reduction, withdrawal or cancellation thereof.
                                                            Legislative committees Legislative committees Legislative committees Legislative committees

                                                            62

                                                            1. The Senate or the House of Representatives may appoint a committee of its members for such special or general purpose as in its opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or otherwise, as it thinks fit, delegate any functions exercisable by it to any such committee.
                                                            2. The number of members of a committee appointed under this section, their terms of office and quorum shall be fixed by the House appointing it.
                                                            3. The Senate and the House of Representatives shall appoint a joint committee on finance consisting of an equal number of persons appointed by each House and may appoint any other joint committee under the provisions of this section.
                                                            4. Nothing in this section shall be construed as authorising such House to delegate to a committee the power to decide whether a bill shall be passed into law or to determine any matter which it is empowered to determine by resolution under the provisions of this Constitution, but the committee may be authorised to make recommendations to the House on any such matter.
                                                            Length of legislative sessions Term length of second chamber , Term length for first chamber

                                                            64

                                                              The Senate and the House of Representatives shall each stand dissolved at the expiration of a period of four years commencing from the date of the first sitting of the House.
                                                            Emergency provisions Dismissal of the legislature

                                                            C. Qualifications for Membership of National Assembly and Right of Attendance

                                                            Eligibility for cabinet , Eligibility for first chamber , Eligibility for second chamber

                                                            65

                                                              Subject to the provisions of section 66 of this Constitution, a person shall be qualified for election as a member of:
                                                              Minimum age for second chamber Minimum age for first chamber
                                                              1. he has been educated up to at least School Certificate level or its equivalent; and
                                                              2. he is a member of a political party and is sponsored by that party.
                                                              Eligibility for cabinet , Eligibility for second chamber , Eligibility for first chamber

                                                              66

                                                              1. No person shall be qualified for election to the Senate or the House of Representatives if:
                                                                1. subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country;
                                                                2. under any law in force in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind;
                                                                3. he is under a sentence of death imposed on him by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever name called) or any other offence imposed on him by such a court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court;
                                                                4. within a period of less than 10 years before the date of an election to a legislative house, he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of the Code of Conduct;
                                                                5. he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria;
                                                                6. he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment 30 days before the date of election;
                                                                7. he is a member of a secret society;
                                                                8. [deleted by the Constitution of the Federal Republic of Nigeria (First Alteration) Act, 2010]
                                                                9. he has presented a forged certificate to the Independence National Electoral Commission.
                                                                1. adjudged to be a lunatic;
                                                                2. declared to be of unsound mind;
                                                                3. sentenced to death or imprisonment; or
                                                                4. adjudged or declared bankrupt,

                                                                any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of the section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

                                                                67

                                                                  The President may attend any joint meeting of the National Assembly or any meeting of either House of the National Assembly, either to deliver an address on national affairs including fiscal measures, or to make such statement on the policy of government as he considers to be of national importance.
                                                                Legislative oversight of the executive Legislative committees Removal of individual legislators

                                                                68

                                                                  A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if-
                                                                  Outside professions of legislators Outside professions of legislators Outside professions of legislators Attendance by legislators

                                                                  Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored; or

                                                                  Removal of individual legislators , Electoral commission
                                                                  1. there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that member’s constituency alleging their loss of confidence in that member and which signatures are duly verified by the Independent National Electoral Commission; and
                                                                  2. the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member’s constituency.
                                                                  Compensation of legislators

                                                                  D. Elections to National Assembly

                                                                  Electoral commission , Electoral districts Second chamber selection First chamber selection Electoral districts , Electoral commission

                                                                  73

                                                                  1. The Independent National Electoral Commission shall review the division of States and of the Federation into Senatorial districts and Federal constituencies at intervals of not less than ten years, and may alter the districts or constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review.
                                                                  2. Notwithstanding subsection (1) of this section, the Independent National Electoral Commission may at any time carry out such a review and alter the districts or constituencies in accordance with the provisions of this section to such extent as it considers necessary, in consequence of any amendment to section 8 of this Constitution or any provision replacing that section, or by reason of the holding of a census of the population, or pursuant to an Act of the National Assembly.
                                                                  Scheduling of elections

                                                                  76

                                                                  1. Elections to each House of the National Assembly shall be held on a date to be appointed by the Independent National Electoral Commission in accordance with the Electoral Act.
                                                                  2. The date mentioned in subsection (1) of this section shall not be earlier than one hundred and fifty days and not later than one hundred and twenty days before, or where the election to fill a vacancy occurring more than ninety days before such date, not later than thirty days after the vacancy occurred.
                                                                  First chamber selection , Second chamber selection

                                                                  77

                                                                    Subject to the provisions of this Constitution, every Senatorial district or Federal constituency established in accordance with the provisions of this Part of this Chapter shall return a member who shall be directly elected to the Senate or the House of Representatives in such manner as may be prescribed by an act of the National Assembly.
                                                                  Restrictions on voting Electoral commission
                                                                  1. persons who may apply to an election tribunal for determination of any question as to whether-
                                                                    1. any person has been validly elected as a member of the Senate or of the House of Representatives,
                                                                    2. the term of office of any person has ceased, or
                                                                    3. the seat in the Senate or in the House of Representatives of a member of that House has become vacant;

                                                                    E. Powers and Control over Public Funds

                                                                    80

                                                                    1. All revenues or other moneys raised or received by the Federation (not being revenues or other moneys payable under this Constitution or any Act of the National Assembly into any other public fund of the Federation established for a specific purpose) shall be paid into and form one Consolidated Revenue Fund of the Federation.
                                                                    2. No moneys shall be withdrawn from the Consolidated Revenue Fund of the Federation except to meet expenditure that is charged upon the fund by this Constitution or where the issue of those moneys has been authorised by an Appropriation Act, Supplementary Appropriation Act or an Act passed in pursuance of section 81 of this Constitution.
                                                                    3. No moneys shall be withdrawn from any public fund of the Federation, other than the Consolidated Revenue Fund of the Federation, unless the issue of those moneys has been authorised by an Act of the National Assembly.
                                                                    4. No moneys shall be withdrawn from the Consolidated Revenue Fund or any other public fund of the Federation, except in the manner prescribed by the National Assembly.
                                                                    Budget bills

                                                                    81

                                                                    1. The President shall cause to be prepared and laid before each House of the National Assembly at any time in each financial year estimates of the revenues and expenditure of the Federation for the next following financial year.
                                                                    2. The heads of expenditure contained in the estimates (other than expenditure charged upon the Consolidated Revenue Fund of the Federation by this Constitution) shall be included in a bill, to be known as an Appropriation Bill, providing for the issue from the Consolidated Revenue Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.
                                                                    3. The amount standing to the credit of the-
                                                                      1. Independent National Electoral Commission,
                                                                      2. National Assembly, and
                                                                      3. Judiciary,

                                                                      in the Consolidated Revenue Fund of the Federation shall be paid directly to the said bodies respectively; in the case of the Judiciary, such amount shall be paid to the National Judicial Council for disbursement to the heads of the courts established for the Federation and the States under section 6 of this Constitution.

                                                                      1. the amount appropriated by the Appropriation Act for any purpose is insufficient; or
                                                                      2. a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Act,

                                                                      a supplementary estimate showing the sums required shall be laid before each House of the National Assembly and the heads of any such expenditure shall be included in a Supplementary Appropriation Bill.

                                                                      1. If the Appropriation Bill in respect of any financial year has not been passed into law by the beginning of the financial year, the President may authorise the withdrawal of moneys in the Consolidated Revenue Fund of the Federation for the purpose of meeting expenditure necessary to carry on the services of the Government of the Federation for a period not exceeding months or until the coming into operation of the Appropriate Act, whichever is the earlier:

                                                                      Provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the Federation under the provisions of the Appropriation Act passed by the National Assembly for the corresponding period in the immediately preceding financial year, being an amount proportionate to the total amount so authorised for the immediately preceding financial year.

                                                                      83

                                                                      1. The National Assembly may by law make provisions for the establishment of a Contingencies Fund for the Federation and for authorising the President, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet the need.
                                                                      2. Where any advance is made in accordance with the provisions of this section, a Supplementary Estimate shall be presented and a Supplementary Appropriation Bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced.

                                                                      84

                                                                      1. There shall be paid to the holders of the offices mentioned in this section such remuneration, salaries and allowances as may be prescribed by the National Assembly, but not exceeding the amount as shall have been determined by the Revenue Mobilisation Allocation and Fiscal Commission.
                                                                      2. The remuneration, salaries and allowances payable to the holders of the offices so mentioned shall be a charge upon the Consolidated Revenue Fund of the Federation.
                                                                      Protection of judges' salaries Protection of judges' salaries

                                                                      Provided that such a person was not removed from office by the process of impeachment or for breach of any provisions of this Constitution.

                                                                      85

                                                                      1. There shall be an Auditor-General for the Federation who shall be appointed in accordance with the provisions of section 86 of this Constitution.
                                                                      2. The public accounts of the Federation and of all offices and courts of the Federation shall be audited and reported on to the Auditor-General who shall submit his reports to the National Assembly; and for that purpose, the Auditor-General or any person authorised by him in that behalf shall have access to all the books, records, returns and other documents relating to those accounts.
                                                                      3. Nothing in subsection (2) of this section shall be construed as authorising the Auditor-General to audit the accounts of or appoint auditors for government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an Act of the National Assembly, but the Auditor-General shall-
                                                                        1. provide such bodies with-
                                                                          1. a list of auditors qualified to be appointed by them as external auditors and from which the bodies shall appoint their external auditors, and
                                                                          2. guidelines on the level of fees to be paid to external auditors; and
                                                                          Legislative committees

                                                                          86

                                                                          1. The Auditor-General for the Federation shall be appointed by the President on the recommendation of the Federal Civil Service Commission subject to confirmation by the Senate.
                                                                          2. The power to appoint persons to act in the office of the Auditor-General shall vest in the President.
                                                                          3. Except with the sanction of a resolution of the Senate, no person shall act in the office of the Auditor-General for a period exceeding six months.

                                                                          87

                                                                          1. A person holding the office of the Auditor-General for the Federation shall be removed from office by the President acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.
                                                                          2. The Auditor-General shall not be removed from office before such retiring age as may be prescribed by law, save in accordance with the provisions of this section.
                                                                          Legislative oversight of the executive

                                                                          88

                                                                          1. Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed investigation into-
                                                                            1. any matter or thing with respect to which it has power to make laws; and
                                                                            2. the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for-
                                                                              1. executing or administering laws enacted by National Assembly, and
                                                                              2. disbursing or administering moneys appropriated or to be appropriated by the National Assembly.
                                                                              1. make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and
                                                                              2. expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.
                                                                              Legislative committees , Legislative oversight of the executive

                                                                              89

                                                                              1. For the purposes of any investigation under section 88 of this Constitution and subject to the provisions thereof, the Senate or the House of Representatives or a committee appointed in accordance with section 62 of this Constitution shall have power to-
                                                                                1. procure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter;
                                                                                2. require such evidence to be given on oath;
                                                                                3. summon any person in Nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and
                                                                                4. issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House or the committee in question, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine as may be prescribed for any such failure, refused or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.
                                                                                Subsidiary unit government

                                                                                Part II. House of Assembly of a State

                                                                                A. Composition and Staff of House of Assembly

                                                                                1. There shall be a House of Assembly for each of the States of the Federation.
                                                                                2. Subject to the provisions of this Constitution, a House of Assembly of a State shall consist of three or four times the number of seats which that State has in the House of Representatives divided in a way to reflect, as far as possible nearly equal population:

                                                                                Provided that a House of Assembly of a State shall consist of not less than twenty-four and not more than forty members.

                                                                                92

                                                                                1. There shall be a Speaker and a Deputy Speaker of a House of Assembly who shall be elected by the members of the House from among themselves.
                                                                                2. The Speaker or Deputy Speaker of the House of Assembly shall vacate his office-
                                                                                  1. if he ceases to be a member of the House of Assembly otherwise than by reason of the dissolution of the House;
                                                                                  2. when the House first sits after any dissolution of House; or
                                                                                  3. if he is removed from office by a resolution of House of Assembly by the votes of not less than two-third majority of the members of the House.

                                                                                  B. Procedure for Summoning and Dissolution of House of Assembly

                                                                                  Oaths to abide by constitution

                                                                                  94

                                                                                  1. Every person elected to a House of Assembly shall before taking his seat in that House, declare his assets and liabilities in the manner prescribed in this Constitution and subsequently take and subscribe before the Speaker of the House, the Oath of Allegiance and oath of membership prescribed in the Seventh Schedule to this Constitution, but a member may, before taking the oaths, take part in the election of the Speaker and Deputy Speaker of the House of Assembly.
                                                                                  2. The Speaker and Deputy Speaker of a House of Assembly shall declare their assets and liabilities in the manner prescribed by this Constitution and subsequently take and subscribe to the Oath of Allegiance and the oath of membership prescribed as aforesaid before the Clerk of the House of Assembly.

                                                                                  95

                                                                                  1. At any sitting of a House of Assembly, the Speaker of that House shall preside, and in his absence the Deputy Speaker shall preside.
                                                                                  2. In the absence of the Speaker and Deputy Speaker of the House, such member of the House as the House may elect for a purpose shall preside.

                                                                                  96

                                                                                  1. The quorum of a House of Assembly shall be one-third of all the members of the House.
                                                                                  2. If objection is taken by any member of a House of Assembly present that there are present in that House (besides the person presiding) fewer than one-third of all the members of that House and that it is not competent for the House to transact business, and after such interval as may be prescribed in the rules of procedure of the House, the person presiding ascertains that the number of members present is still less than one-third of all the members of the House, he shall adjourn the House.
                                                                                  1. The business of a House of Assembly shall be conducted in English, but the House may in addition to English conduct the business of the House in one or more other languages spoken in the State as the House may by resolution approve.

                                                                                  98

                                                                                  1. Except as otherwise provided by this Constitution, any question proposed for decision in a House of Assembly shall be determined by the required majority of the members present and voting; and the person presiding shall cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case.
                                                                                  2. Except as otherwise provided by this Constitution, the required majority for the purpose of determining any question shall be a simple majority.
                                                                                  3. A House of Assembly shall by its rules provide-
                                                                                    1. that a member of the House shall declare any direct pecuniary interest he may have in any matter coming before the House for deliberation;
                                                                                    2. that the House may by resolution decide whether or not such member may vote or participate in its deliberations, on such matter;
                                                                                    3. the penalty, if any, which the House may impose for failure to declare any direct pecuniary interest such member may have; and
                                                                                    4. for such other matters pertaining to the foregoing as the House may think necessary,

                                                                                    but nothing in this subsection shall enable any rules to be made to require any member, who signifies his intention not to vote on or participate in such matter, and who does not so vote or participate, to declare any such interest.

                                                                                    100

                                                                                    1. The power of a House of Assembly to make laws shall be exercised by bills passed by the House of Assembly and, except as otherwise provided by this section, assented to by the Governor.
                                                                                    2. A bill shall not become Law unless it has been duly passed and, subject to subsection (1) of this section, assented to in accordance with the provisions of this section.
                                                                                    3. Where a bill has been passed by the House of Assembly it shall be presented to the Governor for assent.
                                                                                    4. Where a bill is presented to the Governor for assent he shall within thirty days thereof signify that he assents or that he withholds assent.
                                                                                    5. Where the Governor withholds assent and the bill is again passed by the House of Assembly by two-thirds majority, the bill shall become law and the assent of the Governor shall not be required.

                                                                                    103

                                                                                    1. A House of Assembly may appoint a committee of its members for any special or general purpose as in its opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or otherwise as it thinks fit delegate any functions exercisable by it to any such committee.
                                                                                    2. The number of members of a committee appointed under this section, their term of office and quorum shall be fixed by the House of Assembly.
                                                                                    3. Nothing in this section shall be construed as authorising a House of Assembly to delegate to a committee the power to decide whether a bill shall be passed into Law or to determine any matter which it is empowered to determine by resolution under the provisions of this Constitution, but such a committee of the House may be authorised to make recommendations to the House on any such matter.

                                                                                    105

                                                                                    1. A House of Assembly shall stand dissolved at the expiration of a period of four years commencing from the date of the first sitting of the House.
                                                                                    2. If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (1) of this section from time to time but not beyond a period of six months at any one time.
                                                                                    3. Subject to the provisions of this Constitution, the person elected as the Governor of a State shall have power to issue a proclamation for the holding of the first session of the House of Assembly of the State concerned immediately after his being sworn in, or for its dissolution as provided in this section.

                                                                                    C. Qualification for Membership of House of Assembly and Right of Attendance

                                                                                    1. Subject to the provisions of section 107 of this Constitution, a person shall be qualified for election as a member of a House of Assembly if-
                                                                                      1. he is a citizen of Nigeria;
                                                                                      2. he has attained the age of thirty years;
                                                                                      3. he has been educated up to at least the School Certificate level or its equivalent; and
                                                                                      4. he is a member of a political party and is sponsored by that party.

                                                                                      107

                                                                                      1. No person shall be qualified for election to a House of Assembly if-
                                                                                        1. subject to the provisions of Section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country;
                                                                                        2. under any law in force in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind;
                                                                                        3. he is under a sentence of death imposed on him by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever name called) or any other offence imposed on him by such a court or tribunal substituted by a competent authority for any other sentence imposed on him by such a court or tribunal;
                                                                                        4. within a period of less than ten years before the date of an election to the House of Assembly, he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of the Code of Conduct;
                                                                                        5. he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria;
                                                                                        6. he is a person employed in the public service of the Federation or of any State and he has not resigned, withdrawn or retired from such employment thirty days before the date of election;
                                                                                        7. he is a member of any secret society;
                                                                                        8. [deleted by the Constitution of the Federal Republic of Nigeria (First Alteration) Act, 2010]
                                                                                        9. he has presented a forged certificate to the Independent National Electoral Commission.
                                                                                        1. adjudged to be a lunatic;
                                                                                        2. declared to be of unsound mind;
                                                                                        3. sentenced to death or imprisonment; or
                                                                                        4. adjudged or declared bankrupt,

                                                                                        any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

                                                                                        108

                                                                                        1. The Governor of a State may attend a meeting of a House of Assembly of the State either to deliver an address on State affairs or to make such statement on the policy of government as he may consider to be of importance to the State.
                                                                                        2. A Commissioner of the Government of a State shall attend the House of Assembly of the State if invited to explain to the House of Assembly the conduct of his Ministry, and in particular when the affairs of that Ministry are under discussion.
                                                                                        3. Nothing in this section shall enable any person who is not a member of a House of Assembly to vote in that House or in any of its committees.

                                                                                        109

                                                                                        1. A member of a House of Assembly shall vacate his seat in the House if-
                                                                                          1. he becomes a member of another legislative house;
                                                                                          2. any other circumstances arise that, if he were not a member of that House, would cause him to be disqualified for election as such a member;
                                                                                          3. he ceases to be a citizen of Nigeria;
                                                                                          4. he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser;
                                                                                          5. save as otherwise prescribed by this Constitution, he becomes a member of a commission or other body established by this Constitution or by any other law;
                                                                                          6. without just cause he is absent from meetings of the House of Assembly for a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year;
                                                                                          7. being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected:

                                                                                          Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored; or

                                                                                          1. there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that member’s constituency alleging their loss of confidence in that member and which signatures are duly verified by the Independent National Electoral Commission; and
                                                                                          2. the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of the receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member’s constituency.

                                                                                          D. Elections to a House of Assembly

                                                                                          Electoral commission Electoral commission

                                                                                          114

                                                                                          1. The Independent National Electoral Commission shall review the division of every State into constituencies at intervals of not less than ten years, and may alter such constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review.
                                                                                          2. The Independent National Electoral Commission may at any time carry out such a review and alter the constituencies in accordance with the provisions of this section to such extent as it considers necessary in consequence of any alteration of the boundaries of the State or by reason of the holding of a census of the population of Nigeria in pursuance of an Act of the National Assembly.

                                                                                          116

                                                                                          1. Elections to a House of Assembly shall be held on a date to be appointed by the Independent National Electoral Commission in accordance with the Electoral Act.
                                                                                          2. The date mentioned in subsection (1) of this section shall not be earlier than one hundred and fifty days and not later than one hundred and twenty days before, or where the election is to fill a vacancy occurring more than ninety days before such date, not later than thirty days after the vacancy occurred.

                                                                                          117

                                                                                          1. Subject to the provisions of this Constitution, every State constituency established in accordance with the provisions of this part of this Chapter shall return one member who shall be directly elected to a House of Assembly in such manner as may be prescribed by an Act of the National Assembly.
                                                                                          2. Every citizen of Nigeria, who has attained the age of eighteen years residing in Nigeria at the time of the registration of voters for purposes of election to any legislative house, shall be entitled to be registered as a voter for that election.
                                                                                          Electoral commission
                                                                                          1. persons who may apply to an election tribunal for the determination of any question as to whether-
                                                                                            1. any person has been validly elected as a member of a House of Assembly,
                                                                                            2. the term of office of any person has ceased, or
                                                                                            3. the seat in a House of Assembly of a member of that House has become vacant;

                                                                                            E. Powers and Control over Public Funds

                                                                                            120

                                                                                            1. All revenues or other moneys raised or received by a State (not being revenues or other moneys payable under this Constitution or any Law of a House of Assembly into any other public fund of the State established for a specific purpose) shall be paid into and form one Consolidated Revenue Fund of the State.
                                                                                            2. No moneys shall be withdrawn from the Consolidated Revenue Fund of the State except to meet expenditure that is charged upon the Fund by this Constitution or where the issue of those moneys has been authorised by an Appropriation Law, Supplementary Appropriation Law or Law passed in pursuance of section 121 of this Constitution.
                                                                                            3. No moneys shall be withdrawn from any public fund of the State, other than the Consolidated Revenue Fund of the State, unless the issue of those moneys has been authorised by a Law of the House of Assembly of the State.
                                                                                            4. No moneys shall be withdrawn from the Consolidated Revenue Fund of the State or any other public fund of the State except in the manner prescribed by the House of Assembly.

                                                                                            121

                                                                                            1. The Governor shall cause to be prepared and laid before the House of Assembly at any time before the commencement of each financial year estimates of the revenues and expenditure of the State for the next following financial year.
                                                                                            2. The heads of expenditure contained in the estimates, other than expenditure charged upon the Consolidated Revenue Fund of the State by this Constitution, shall be included in a bill, to be known as an Appropriation Bill, providing for the issue from the Consolidated Revenue Fund of the State of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.
                                                                                            3. Any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned.
                                                                                            4. If in respect of any financial year, it is found that-
                                                                                              1. the amount appropriated by the Appropriation Law for any purpose is insufficient; or
                                                                                              2. a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Law,

                                                                                              a supplementary estimate showing the sums required shall be laid before the House of Assembly and the heads of any such expenditure shall be included in a Supplementary Appropriation Bill.

                                                                                              1. If the Appropriation Bill in respect of any financial year has not been passed into Law by the beginning of the financial year, the Governor may authorise the withdrawal of moneys from the Consolidated Revenue Fund of the State for the purpose of meeting expenditure necessary to carry on the services of the government for a period not exceeding six months or until the coming into operation of the Law, whichever is the earlier:

                                                                                              Provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the State under the provisions of the Appropriation Law passed by the House of Assembly for the corresponding period in the immediately preceding financial year, being an amount proportionate to the total amount so authorised for the immediately preceding financial year.

                                                                                              123

                                                                                              1. A House of Assembly may by Law make provisions for the establishment of a Contingencies Fund for the State and for authorising the Governor, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet that need.
                                                                                              2. Where any advance is made in accordance with the provisions of this section, a Supplementary Estimate shall be presented and a Supplementary Appropriation Bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced.

                                                                                              124

                                                                                              1. There shall be paid to the holders of the offices mentioned in this section such remuneration and salaries as may be prescribed by a House of Assembly, but not exceeding the amount as shall have been determined by the Revenue Mobilisation Allocation and Fiscal Commission.
                                                                                              2. The remuneration, salaries and allowances payable to the holders of the offices so mentioned shall be charged upon the Consolidated Revenue Fund of the State.
                                                                                              3. The remuneration and salaries payable to the holders of the said offices and their conditions of service, other than allowances, shall not be altered to their disadvantage after their appointment.
                                                                                              4. The offices aforesaid are the offices of Governor, Deputy Governor, Auditor-General for a State and the Chairman and members of the following bodies, that is to say, the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission.
                                                                                              5. Provisions may be made by a Law of a House of Assembly for the grant of a pension or gratuity to or in respect of a person who had held office as Governor or Deputy Governor and was not removed from office as a result of impeachment; and any pension granted by virtue of any provisions made in pursuance of this subsection shall be a charge upon the Consolidated Revenue Fund of the State.

                                                                                              125

                                                                                              1. There shall be an Auditor-General for each State who shall be appointed in accordance with the provisions of section 126 of this Constitution.
                                                                                              2. The public accounts of a State and of all offices and courts of the State shall be audited by the Auditor-General for the State who shall submit his reports to the House of Assembly of the State concerned, and for that purpose the Auditor-General or any person authorised by him in that behalf shall have access to all the books, records, returns and other documents relating to those accounts.
                                                                                              3. Nothing in subsection (2) of this section shall be construed as authorising the Auditor-General to audit the accounts of or appoint auditors for government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by Law by the Auditor-General shall-
                                                                                                1. provide such bodies with-
                                                                                                  1. a list of auditors qualified to be appointed by them as external auditors and from which the bodies shall appoint their external auditors, and
                                                                                                  2. a guideline on the level of fees to be paid to external auditors; and

                                                                                                  126

                                                                                                  1. The Auditor-General for a State shall be appointed by the Governor of the State on the recommendation of the State Civil Service Commission subject to confirmation by the House of Assembly of the State.
                                                                                                  2. The power to appoint persons to act in the office of the Auditor-General for a State shall vest in the Governor.
                                                                                                  3. Except with the sanction of a resolution of the House of Assembly of a State, no person shall act in the office of the Auditor-General for a State for a period exceeding six months.

                                                                                                  127

                                                                                                  1. A person holding the office of Auditor-General under section 126(1) of this Constitution shall be removed from office by the Governor of the State acting on an address supported by two-thirds majority of the House of Assembly praying that he be so removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.
                                                                                                  2. An Auditor-General shall not been removed from office before such retiring age as may be prescribed by Law, save in accordance with the provisions of this section.

                                                                                                  128

                                                                                                  1. Subject to the provisions of this Constitution, a House of Assembly shall have power by resolution published in its journal or in the Office Gazette of the Government of the State to direct or cause to be directed an inquiry or investigation into-
                                                                                                    1. any matter or thing with respect to which it has power to make laws; and
                                                                                                    2. the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for-
                                                                                                      1. executing or administering laws enacted by that House of Assembly, and
                                                                                                      2. disbursing or administering moneys appropriated or to be appropriated by such House.
                                                                                                      1. make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and
                                                                                                      2. expose corruption, inefficiency of waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.

                                                                                                      129

                                                                                                      1. For the purposes of any investigation under section 128 of this Constitution, and subject to the provisions thereof, a House of Assembly or a committee appointed in accordance with section 103 of this Constitution shall have power to-
                                                                                                        1. procure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter;
                                                                                                        2. require such evidence to be given on oath;
                                                                                                        3. summon any person in Nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and
                                                                                                        4. issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House of Assembly or the committee, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons and also to impose such fine as may be prescribed for any such failure, refusal or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.

                                                                                                        Chapter VI. The Executive

                                                                                                        Part I. Federal Executive

                                                                                                        A. The President of the Federation

                                                                                                        Name/structure of executive(s)

                                                                                                        130

                                                                                                          There shall be for the Federation a President.
                                                                                                        Designation of commander in chief Eligibility for head of state
                                                                                                          he is a citizen of Nigeria by birth;
                                                                                                        Minimum age of head of state

                                                                                                        132

                                                                                                        Scheduling of elections Scheduling of elections Head of state selection Head of state selection
                                                                                                        1. he has a majority of YES votes over NO votes cast at the election; and
                                                                                                        2. he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja

                                                                                                        but where the only candidate fails to be elected in accordance with this section, then there shall be fresh nominations.

                                                                                                        Head of state selection

                                                                                                        134

                                                                                                        1. A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election-
                                                                                                          1. he has the majority of votes cast at the election; and
                                                                                                          2. he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.
                                                                                                          1. he has the highest number of votes cast at the election; and
                                                                                                          2. he has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.
                                                                                                          1. the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and
                                                                                                          2. one among the remaining candidates who has a majority of votes in the highest number of States, so however that where there are more than one candidate with majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election.
                                                                                                          1. he has a majority of votes cast at the election; and
                                                                                                          2. he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

                                                                                                          135

                                                                                                          1. Subject to the provisions of this Constitution, a person shall hold the office of President until-
                                                                                                            1. when his successor in office takes the oath of that office;
                                                                                                            2. he dies whilst holding such office; or
                                                                                                            3. the date when his resignation from office takes effect; or
                                                                                                            4. he otherwise ceases to hold office in accordance with the provisions of this Constitution.
                                                                                                            Head of state term length
                                                                                                            1. in the case of a person first elected as President under this Constitution, he took the Oath of Allegiance and the oath of office; and
                                                                                                            2. in any other case, the person last elected to that office under this Constitution took the Oath of Allegiance and oath of office or would, but for his death, have taken such Oaths.
                                                                                                            Emergency provisions Deputy executive , Head of state replacement

                                                                                                            136

                                                                                                            Joint meetings of legislative chambers Eligibility for head of state

                                                                                                            137

                                                                                                              A person shall not be qualified for election to the office of President if-
                                                                                                                subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or
                                                                                                              Head of state term limits
                                                                                                              1. adjudged to be a lunatic;
                                                                                                              2. declared to be of unsound mind;
                                                                                                              3. sentenced to death or imprisonment; or
                                                                                                              4. adjudged or declared bankrupt

                                                                                                              any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

                                                                                                              1. persons who may apply to the Court of Appeal for the determination of any question as to whether-
                                                                                                                1. any person has been validly elected to the office of President or Vice-President,
                                                                                                                2. the term of office of the President or Vice-President has ceased, or
                                                                                                                3. the office of the President or Vice-President has become vacant;

                                                                                                                140

                                                                                                                Oaths to abide by constitution Deputy executive Deputy executive

                                                                                                                142

                                                                                                                  In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid.
                                                                                                                Oaths to abide by constitution Head of state removal

                                                                                                                143

                                                                                                                1. The President or Vice-President may be removed from office in accordance with the provisions of this section.
                                                                                                                2. Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly:-
                                                                                                                  1. is presented to the President of the Senate;
                                                                                                                  2. stating that the holder of the office of President or Vice-President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified,

                                                                                                                  the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly.

                                                                                                                  1. have such powers and exercise its functions in accordance with such procedure as may be prescribed by the National Assembly; and
                                                                                                                  2. within three months of its appointment report its findings to each House of the National Assembly.
                                                                                                                  Head of state removal

                                                                                                                  144

                                                                                                                  1. The President or Vice-President shall cease to hold office, if-
                                                                                                                    1. by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and
                                                                                                                    2. the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.
                                                                                                                    1. one of whom shall be the personal physician of the holder of the office concerned; and
                                                                                                                    2. four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions.
                                                                                                                    Deputy executive

                                                                                                                    145

                                                                                                                    1. Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his Office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President.
                                                                                                                    2. In the event that the President is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the National Assembly shall, by a resolution made by a simple majority of the vote of each House of the National Assembly, mandate the Vice-President to perform the functions of the office of the President as Acting President until the President transmits a letter to the President of the Senate and Speaker of the House of Representatives that he is now available to resume his functions as President.
                                                                                                                    Deputy executive

                                                                                                                    146

                                                                                                                    Head of state replacement Head of state replacement
                                                                                                                    1. by reason of death or resignation, impeachment, permanent incapacity or removal in accordance with section 143 or 144 of this Constitution;
                                                                                                                    2. by his assumption of the office of President in accordance with subsection (1) of this section; or
                                                                                                                    3. for any other reason,

                                                                                                                    the President shall nominate and, with the approval of each House of the National Assembly, appoint a new Vice-President.

                                                                                                                    Establishment of cabinet/ministers

                                                                                                                    147

                                                                                                                      There shall be such offices of Ministers of the Government of the Federation as may be established by the President.
                                                                                                                    Cabinet selection Eligibility for cabinet

                                                                                                                    Any appointment under subsection (2) of this section by the President shall be in conformity with the provisions of section 14(3) of this Constitution:

                                                                                                                    Provided that in giving effect to the provisions aforesaid the President shall appoint at least one Minister from each State, who shall be an indigene of such State.

                                                                                                                    Outside professions of legislators , Eligibility for cabinet Eligibility for cabinet Powers of cabinet

                                                                                                                    148

                                                                                                                    Deputy executive
                                                                                                                    1. determining the general direction of domestic and foreign policies of the Government of the Federation;
                                                                                                                    2. co-ordinating the activities of the President, the Vice-President and the Ministers of the Government of the Federation in the discharge of their executive responsibilities; and
                                                                                                                    3. advising the President generally in discharge of his executive functions other than those functions with respect to which he is required by this Constitution to seek the advice or act on the recommendation of any other person or body.
                                                                                                                    Oaths to abide by constitution Attorney general

                                                                                                                    150

                                                                                                                    1. There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation.
                                                                                                                    2. A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of the Federation unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for not less than ten years.
                                                                                                                    Advisory bodies to the head of state

                                                                                                                    151

                                                                                                                    1. The President may appoint any person as a Special Adviser to assist him in the performance of his functions.
                                                                                                                    2. The number of such Advisers and their remuneration and allowances shall be as prescribed by law or by resolution of the National Assembly.
                                                                                                                    3. Any appointment made pursuant to the provisions of this section shall be at the pleasure of the President and shall cease when the President ceases to hold office.
                                                                                                                    Oaths to abide by constitution

                                                                                                                    B. Establishment of Certain Federal Executive Bodies

                                                                                                                    Head of state powers

                                                                                                                    153

                                                                                                                      There shall be established for the Federation the following bodies, namely:
                                                                                                                        Code of Conduct Bureau;
                                                                                                                      Advisory bodies to the head of state Establishment of judicial council Electoral commission Advisory bodies to the head of state Establishment of judicial council Advisory bodies to the head of state

                                                                                                                      Head of state powers , Establishment of judicial council , Advisory bodies to the head of state , Electoral commission

                                                                                                                      154

                                                                                                                      1. Except in the case of ex officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the President and the appointment shall be subject to confirmation by the Senate.
                                                                                                                      2. In exercising his powers to appoint a person as Chairman or member of the Council of State or the National Defence Council or the National Security Council, the President shall not be required to obtain the confirmation of the Senate.
                                                                                                                      3. In exercising his powers to appoint a person as Chairman or member of the Independent National Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State.

                                                                                                                      155

                                                                                                                      1. A person who is a member of any of the bodies established as aforesaid shall, subject to the provisions of this Part, remain a member thereof-
                                                                                                                        1. in the case of an ex officio member, whilst he holds the office by virtue of which he is a member of the body;
                                                                                                                        2. in the case of a person who is a member by virtue of his having previously held an office, for the duration of his life; and
                                                                                                                        3. in the case of a person who is a member otherwise than as ex officio member or otherwise than by virtue of his having previously held an office, for a period of five years from the date of his appointment.

                                                                                                                        156

                                                                                                                        1. No person shall be qualified for appointment as a member of any of the bodies aforesaid if-
                                                                                                                          1. he is not qualified or if he is disqualified for election as a member of the House of Representatives provided that a member of any of these bodies shall not be required to belong to a political party, and in the case of the Independent National Electoral Commission, he shall not be a member of a political party;
                                                                                                                          2. within the preceding ten years, he has been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct.

                                                                                                                          Provided that where such person has been duly appointed he shall, on his appointment, be deemed to have resign his former office as from the date of the appointment.

                                                                                                                          Head of state powers

                                                                                                                          157

                                                                                                                          1. Subject to the provisions of subsection (3) of this section, a person holding any of the offices to which this section applies may only be removed from that office by the President acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.
                                                                                                                          2. This section applies to the offices of the Chairman and members of the Code of Conduct Bureau, the Federal Civil Service Commission, the Independent National Electoral Commission, the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission and the Police Service Commission.

                                                                                                                          158

                                                                                                                            In exercising its power to make appointments or to exercise disciplinary control over persons, the Code of Conduct Bureau, the National Judicial Council, the Federal Civil Service Commission, the Federal Judicial Service Commission, the Revenue Mobilisation and Fiscal Commission, the Federal Character Commission, and the Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person.
                                                                                                                          1. in appointing, training or arranging for the training of enumerators or other staff of the Commission to assist it in the conduct of any population census;
                                                                                                                          2. in deciding whether or not to accept or revise the return of any officer of the said Commission concerning the population census in any area or part of the Federation;
                                                                                                                          3. in carrying out the operation of conducting the census; and
                                                                                                                          4. in compiling its report of a national census for publication.

                                                                                                                          159

                                                                                                                          1. The quorum for a meeting of any of the bodies established by section 153 of this Constitution shall be not less than one-third of the total number of members of that body at the date of the meeting.
                                                                                                                          2. A member of such a body shall be entitled to one vote, and a decision of the meeting may be taken and any act or thing may be done in the name of that body by a majority of the members present at the meeting.
                                                                                                                          3. Whenever such body is assembled for a meeting, the Chairman or other person presiding shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a deliberative vote.
                                                                                                                          4. Subject to its rules of procedure, any such body may act or take part in any decision notwithstanding any vacancy in its membership or the absence of any member.

                                                                                                                          160

                                                                                                                          1. Subject to subsection (2) of this section, any of the bodies may, with the approval of the President, by rules or otherwise regulate its own procedure or confer powers and impose duties on any officer or authority for the purpose of discharging its functions provided that in the case of the Independent National Electoral Commission, its powers to make its own rules or otherwise regulate its own procedure shall not be subject to the approval or control of the President.
                                                                                                                          2. In the exercise of any powers under subsection (1) of this section, any such body shall not confer powers or impose duties on any officer or authorities of a State except with the approval of the Governor of the State.
                                                                                                                          1. In this Part of this Chapter, unless the context otherwise requires-
                                                                                                                            1. any reference to “ex officio member” shall be construed as a reference to a person who is a member by virtue of his holding or performing, the functions of an office in the public service of the Federation;
                                                                                                                            2. “office” means an office in the public service of the Federation;
                                                                                                                            3. any reference to “member” of a body established by section 153 of this Constitution shall be construed as including a reference to the Chairman of that body; and
                                                                                                                            4. “misconduct” means a breach of the Oath of Allegiance or oath of office of a member or a breach of the provisions of this Constitution or bribery or corruption or false declaration of assets and liabilities or conviction for treason or treasonable felony.

                                                                                                                            C. Public Revenue

                                                                                                                            Subsidiary unit government , Municipal government

                                                                                                                            162

                                                                                                                            1. The Federation shall maintain a special account to be called “the Federation Account” into which shall be paid all revenues collected by the Government of the Federation, except the proceeds from the personal income tax of the personnel of the armed forces of the Federation, the Nigeria Police Force, the Ministry or department of government charged with responsibility for Foreign Affairs and the residents of the Federal Capital Territory, Abuja.
                                                                                                                            2. The President, upon the receipt of advice from the Revenue Mobilisation Allocation and Fiscal Commission, shall table before the National Assembly proposals for revenue allocation from the Federation Account, and in determining the formula, the National Assembly shall take into account, the allocation principles especially those of population, equality of States, internal revenue generation, land mass, terrain as well as population density:

                                                                                                                            Provided that the principle of derivation shall be constantly reflected in any approved formula as being not less than thirteen per cent of the revenue accruing to the Federation Account directly from any natural resources.

                                                                                                                            1. any receipt, however described, arising from the operation of any law;
                                                                                                                            2. any return, however described, arising from or in respect of any property held by the Government of the Federation;
                                                                                                                            3. any return by way of interest on loans and dividends in respect of shares or interest held by the Government of the Federation in any company or statutory body.
                                                                                                                            1. Where under an Act of the National Assembly, tax or duty is imposed in respect of any of the matters specified in item D of Part II of the Second Schedule to this Constitution, the net proceeds of such tax or duty shall be distributed among the States on the basis of derivation and accordingly-
                                                                                                                              1. where such tax or duty is collected by the Government of a State or other authority of the State, the net proceeds shall be treated as part of the Consolidated Revenue Fund of that State;
                                                                                                                              2. where such tax or duty is collected by the Government of the Federation or other authority of the Federation, there shall be paid to each State at such times as the National Assembly may prescribe a sum equal to the proportion of the net proceeds of such tax or duty that are derived from that State.

                                                                                                                              164

                                                                                                                                The Federation may make grants to a State to supplement the revenue of that State in such sum and subject to such terms and conditions as may be prescribed by the National Assembly.
                                                                                                                              International organizations

                                                                                                                              166

                                                                                                                              1. Any payment that is required by this Part of this Chapter to be made by the Federation to a State may be set-off by the Federation in or towards payment of any sum that is due from that State to the Federation in respect of any loan made by the Federation to that State.
                                                                                                                              2. The right of set-off conferred by subsection (1) of this section shall be without prejudice to any other right of the Federation to obtain payment of any sum due to the Federation in respect of any loan.

                                                                                                                              168

                                                                                                                              1. Where any payment falls to be made under this Part of this Chapter, the amount payable shall be certified by the Auditor-General for the Federation:

                                                                                                                              Provided that a provisional payment may be made before the Auditor-General has given his certificate.

                                                                                                                              D. The Public Service of the Federation

                                                                                                                              1. There shall be a civil service of the Federation.
                                                                                                                              2. Subject to the provisions of this Constitution, the Federal Civil Service Commission may, with the approval of the President and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this Constitution to any of its members or to any officer in the civil service of the Federation.
                                                                                                                              Head of state powers

                                                                                                                              171

                                                                                                                              1. Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the President.
                                                                                                                              2. The offices to which this section applies are, namely-
                                                                                                                                1. Secretary to the Government of the Federation;
                                                                                                                                2. Head of the Civil Service of the Federation;
                                                                                                                                3. Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;
                                                                                                                                4. Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Government of the Federation howsoever designated; and
                                                                                                                                5. any office on the personal staff of the President.

                                                                                                                                Provided that where a person has been appointed from a public service of the Federation or a State, he shall be entitled to return to the public service of the Federation or of the State when the President ceases to hold office.

                                                                                                                                173

                                                                                                                                1. Subject to the provisions of this Constitution, the right of a person in the public service of the Federation to receive pension or gratuity shall be regulated by law.
                                                                                                                                2. Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any law, including the Code of Conduct.
                                                                                                                                3. Pensions shall be reviewed every five years or together with any Federal civil service salary reviews, whichever is earlier.
                                                                                                                                4. Pensions in respect of service in the public service of the Federation shall not be taxed.
                                                                                                                                Attorney general

                                                                                                                                174

                                                                                                                                  The Attorney-General of the Federation shall have power-
                                                                                                                                  Establishment of military courts Advisory bodies to the head of state

                                                                                                                                  175

                                                                                                                                  Power to pardon
                                                                                                                                  1. grant any person concerned with or convicted of any offence created by an Act of the National Assembly a pardon, either free or subject to lawful conditions;
                                                                                                                                  2. grant to any person a respite, either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence;
                                                                                                                                  3. substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or
                                                                                                                                  4. remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the State on account of such an offence.
                                                                                                                                  Establishment of military courts Subsidiary unit government

                                                                                                                                  Part II. State Executive

                                                                                                                                  A. Governor of a State

                                                                                                                                  176

                                                                                                                                  1. There shall be for each State of the Federation a Governor.
                                                                                                                                  2. The Governor of a State shall be the Chief Executive of that state.
                                                                                                                                  1. A person shall be qualified for election to the office of Governor of a State if-
                                                                                                                                    1. he is a citizen of Nigeria by birth;
                                                                                                                                    2. he has attained the age of thirty-five years;
                                                                                                                                    3. he is a member of a political party and is sponsored by that political party; and
                                                                                                                                    4. he has been educated up to at least School Certificate level or its equivalent.

                                                                                                                                    178

                                                                                                                                    1. An election to the office of Governor of a State shall be held on a date to be appointed by the Independent National Electoral Commission in accordance with the Electoral Act.
                                                                                                                                    2. An election to the office of Governor of a State shall be held on a date not earlier than one hundred and fifty days and not later than thirty days before the expiration of the term of office of the last holder of that office.
                                                                                                                                    3. Where in an election to the office of Governor of a State one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission shall extend the time for nomination.
                                                                                                                                    4. For the purpose of an election under this section a State shall be regarded as one constituency.
                                                                                                                                    5. Every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of Governor of a State.

                                                                                                                                    179

                                                                                                                                    1. A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected to such office where, being the only candidate nominated for the election-
                                                                                                                                      1. he has a majority of YES votes over NO votes cast at the election; and
                                                                                                                                      2. he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the local government areas in the State,

                                                                                                                                      but where the only candidate fails to be elected in accordance with this subsection, then there shall be fresh nominations.

                                                                                                                                      1. he has the highest number of votes cast at the election; and
                                                                                                                                      2. he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the State.
                                                                                                                                      1. the candidate who secured the highest number of votes cast at the election; and
                                                                                                                                      2. one among the remaining candidates who secured a majority of votes in the highest number of local government areas in the State, so however that where there are more than one candidate with a majority of votes in the highest number of local government areas, the candidate among them with the next highest total of votes cast at the election shall be the second candidate.
                                                                                                                                      1. he has a majority of the votes cast at the election; and
                                                                                                                                      2. he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the local government areas in the State.

                                                                                                                                      180

                                                                                                                                      1. Subject to the provisions of this Constitution, a person shall hold the office of Governor of a State until-
                                                                                                                                        1. when his successor in office takes the oath of that office; or
                                                                                                                                        2. he dies whilst holding such office; or
                                                                                                                                        3. the date when his resignation from office takes effect; or
                                                                                                                                        4. he otherwise ceases to hold office in accordance with the provisions of this constitution.
                                                                                                                                        1. in the case of a person first elected as Governor under this Constitution, he took the Oath of Allegiance and oath of office; and
                                                                                                                                        2. the person last elected to that office took the Oath of Allegiance and oath of office or would, but for his death, have taken such oaths.

                                                                                                                                        181

                                                                                                                                        1. If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy Governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.
                                                                                                                                        2. Where the persons duly elected as Governor and Deputy Governor of a State die or are for any reason unable to assume office before the inauguration of the House of Assembly, the Independent National Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the State.

                                                                                                                                        182

                                                                                                                                        1. No person shall be qualified for election to the office of Governor of a State if-
                                                                                                                                          1. subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or
                                                                                                                                          2. he has been elected to such office at any two previous elections; or
                                                                                                                                          3. under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or
                                                                                                                                          4. he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment for any offence involving dishonesty or fraud (by whatever name called) or any other offence imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or
                                                                                                                                          5. within a period of less than ten years before the date of election to the office of Governor of a State he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the code of Conduct; or
                                                                                                                                          6. he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria; or
                                                                                                                                          7. being a person employed in the public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days to the date of the election; or
                                                                                                                                          8. he is a member of any secret society; or
                                                                                                                                          9. [deleted by the Constitution of the Federal Republic of Nigeria (First Alteration) Act, 2010]
                                                                                                                                          10. he has presented a forged certificate to the independent National Electoral Commission.
                                                                                                                                          1. adjudged to be a lunatic;
                                                                                                                                          2. declared to be of unsound mind;
                                                                                                                                          3. sentenced to death or imprisonment; or
                                                                                                                                          4. adjudged or declared bankrupt,

                                                                                                                                          an appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

                                                                                                                                          1. persons who may apply to an election tribunal for the determination of any question as to whether-
                                                                                                                                            1. any person has been validly elected to the office of Governor or Deputy Governor,
                                                                                                                                            2. the term of office of a Governor or Deputy Governor has ceased, or
                                                                                                                                            3. the office of Deputy Governor has become vacant;
                                                                                                                                            Oaths to abide by constitution

                                                                                                                                            185

                                                                                                                                            1. A person elected to the office of the Governor of a State shall not begin to perform the functions of that until he has declared his assets and liabilities as prescribed in the Constitution and has subsequently taken and subscribed the Oath of Allegiance and oath of office prescribed in the Seventh Schedule to this Constitution.
                                                                                                                                            2. The Oath of Allegiance and the oath of office shall be administered by the Chief Judge of the State or Grand Kadi of the Sharia Court of Appeal of the State, if any or President of the Customary Court of Appeal of the State, if any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any State.

                                                                                                                                            187

                                                                                                                                            1. In any election to which the foregoing provisions of this part of this Chapter relate a candidate for the office of Governor of a State shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his associate for his running for the office of Governor, who is to occupy the office of Deputy Governor; and that candidate shall be deemed to have been duly elected to the office of Deputy Governor if the candidate who nominated him is duly elected as Governor in accordance with the said provisions.
                                                                                                                                            2. The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualifications, declaration of assets and liabilities and Oath of Governor shall apply in relation to the office of Deputy Governor as if references to Governor were references to Deputy Governor.

                                                                                                                                            188

                                                                                                                                            1. The Governor or Deputy Governor of a state may be removed from office in accordance with the provisions of this section.
                                                                                                                                            2. Whenever a notice of any allegation in writing signed by not less than one-third of the members of the House of Assembly-
                                                                                                                                              1. is presented to the Speaker of the House of Assembly of the State;
                                                                                                                                              2. stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified,

                                                                                                                                              the Speaker of the House of Assembly shall, within seven days of the receipt of the notice, cause a copy of the notice to be served on the holder of the office and on each member of the House of Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office, to be served on each member of the House of Assembly.

                                                                                                                                              1. have such powers and exercise its functions in accordance with such procedure as may be prescribed by the House of Assembly; and
                                                                                                                                              2. within three months of its appointment, report its findings to the House of Assembly.

                                                                                                                                              189

                                                                                                                                              1. The Governor or Deputy Governor of a State shall cease to hold office if-
                                                                                                                                                1. by a resolution passed by two-thirds majority of all members of the executive council of the State, it is declared that the Governor or Deputy Governor is incapable of discharging the functions of his office; and
                                                                                                                                                2. the declaration in paragraph (a) of this subsection is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the Speaker of the House of Assembly.
                                                                                                                                                1. one of whom shall be the personal physician of the holder of the office concerned; and
                                                                                                                                                2. four other medical practitioners who have, in the opinion of the Speaker of the House of Assembly, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions of this section.

                                                                                                                                                190

                                                                                                                                                1. Whenever the Governor is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the Speaker of the House of Assembly to that effect, and until he transmits to the Speaker of the House of Assembly a written declaration to the contrary, the Deputy Governor shall perform the functions of the Governor as Acting Governor.
                                                                                                                                                2. In the event that the Governor is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the House of Assembly shall, by a resolution made by a simple majority of the vote of the House, mandate the Deputy Governor to perform the functions of the office of the Governor as Acting Governor, until the Governor transmits a letter to the Speaker that he is now available to resume his functions as Governor.

                                                                                                                                                191

                                                                                                                                                1. The Deputy Governor of a State shall hold the office of Governor of the State if the office of Governor becomes vacant by reason of death, resignation, impeachment, permanent incapacity or removal of the Governor from office for any other reason in accordance with section 188 or 189 of this constitution.
                                                                                                                                                2. Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Deputy Governor of the State is also vacant, the Speaker of the House of Assembly of the State shall hold the office of Governor of the State for a period of not more than three months, during which there shall be an election of a new Governor of the State who shall hold office for the unexpired term of office of the last holder of the office.
                                                                                                                                                3. Where the office of the Deputy Governor becomes vacant-
                                                                                                                                                  1. by reason of death, resignation, impeachment, permanent incapacity or removal in accordance with section 188 or 189 of this Constitution;
                                                                                                                                                  2. by his assumption of the office of Governor of a State in accordance with subsection (1) of this section; or
                                                                                                                                                  3. for any other reason,

                                                                                                                                                  the Governor shall nominate and with the approval of the House of Assembly of the State, appoint a new Deputy Governor.

                                                                                                                                                  192

                                                                                                                                                  1. There shall be such offices of Commissioners of the Government of a State as may be established by the Governor of the State.
                                                                                                                                                  2. Any appointment to the office of Commissioner of the Government of a State shall, if the nomination of any person to such office is confirmed by the House of Assembly of the State, be made by the Governor of that State and in making any such appointment the Governor shall conform with the provisions of section 14(4) of this Constitution.
                                                                                                                                                  3. Where a member of a House of Assembly or of the National Assembly is appointed as Commissioner of the Government of a State, he shall be deemed to have resigned his membership of the House of Assembly or of the National Assembly on his taking the Oath of office as Commissioner.
                                                                                                                                                  4. No person shall be appointed as a Commissioner of the Government of a State unless he is qualified for election as a member of the House of Assembly of the State.
                                                                                                                                                  5. An appointment to the office of Commissioner under this section shall be deemed to have been made where no return has been received from the House of Assembly within twenty-one working days of the receipt of nomination, by the House of Assembly.

                                                                                                                                                  193

                                                                                                                                                  1. The Governor of a State may, in his discretion, assign to the Deputy Governor or any Commissioner of the Government of the State responsibility for any business of the Government of that State, including the administration of any department of Government.
                                                                                                                                                  2. The Governor of a State shall hold regular meetings with the Deputy Governor and all Commissioners of the Government of the State for the purposes of-
                                                                                                                                                    1. determining the general direction of the policies of the Government of the State;
                                                                                                                                                    2. co-ordinating the activities of the Governor, the Deputy Governor and the Commissioners of the Government of the State in the discharge of their executive responsibilities; and
                                                                                                                                                    3. advising the Governor generally in the discharge of his executive functions, other than those functions with respect to which he is required by this Constitution to seek the advice or act on the recommendation of any other person or body.
                                                                                                                                                    Oaths to abide by constitution

                                                                                                                                                    195

                                                                                                                                                    1. There shall be an Attorney-General for each State who shall be the Chief Law Officer of the State and Commissioner for Justice of the Government of that State.
                                                                                                                                                    2. A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of a State unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for not less than ten years.

                                                                                                                                                    196

                                                                                                                                                    1. The Governor of a State may appoint any person as a Special Adviser to assist him in the performance of his functions.
                                                                                                                                                    2. The number of such Advisers and their remuneration and allowances shall be as prescribed by law or by resolution of the House of Assembly of the State.
                                                                                                                                                    3. Any appointment made pursuant to the provisions of this section shall be at the pleasure of the Governor, and shall cease when the Governor ceases to hold office.
                                                                                                                                                    Oaths to abide by constitution

                                                                                                                                                    B. Establishment of Certain State Executive Bodies

                                                                                                                                                    197

                                                                                                                                                    1. There shall be established for each State of the Federation the following bodies, namely-
                                                                                                                                                      1. State Civil Service Commission;
                                                                                                                                                      2. State Independent Electoral Commission; and
                                                                                                                                                      3. State Judicial Service Commission.
                                                                                                                                                      1. Except in the case of ex-officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the Governor of the State and the appointment shall be subject to confirmation by a resolution of the House of Assembly of the State.

                                                                                                                                                      199

                                                                                                                                                      1. A person who is a member of any of the bodies established as aforesaid shall, subject to the provisions of this Part, remain a member thereof-
                                                                                                                                                        1. in the case of an ex-officio member, whilst he holds the office by virtue of which he is a member of the body;
                                                                                                                                                        2. in the case of a person who is a member by virtue of his having previously held an office, for the duration of his life; and
                                                                                                                                                        3. in the case of a person who is a member otherwise than as an ex-officio member or otherwise than by virtue of his having previously held an office, for a period of five years from the date of his appointment.

                                                                                                                                                        200

                                                                                                                                                        1. No person shall be qualified for appointment as a member of any of the bodies aforesaid if-
                                                                                                                                                          1. he is not qualified or if he is disqualified for election as a member of a House of Assembly provided that a member of any of the said bodies shall not be required to belong to a political party and, in the case of the State Independent Electoral Commission, he shall not be a member of a political party;
                                                                                                                                                          2. he has within the preceding ten years, been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct.

                                                                                                                                                          201

                                                                                                                                                          1. Any person holding any of the offices to which this section applies shall only be removed from that office by the Governor of that State acting on an address supported by two-thirds majority of the House of Assembly of the State praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.
                                                                                                                                                          2. This section applies to the Offices of the Chairman and members of the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission.

                                                                                                                                                          203

                                                                                                                                                          1. The quorum for a meeting of any of the bodies established by section 197 of this Constitution shall not be less than one-third of the total number of members of that body at the date of the meeting.
                                                                                                                                                          2. A member of such a body shall be entitled to one vote and a decision of the meeting may be taken and any act or thing may be done in the name of that body by a majority of the members present at a meeting.
                                                                                                                                                          3. Whenever such bodies are assembled for a meeting, the Chairman or other person presiding shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a deliberative vote.
                                                                                                                                                          4. Subject to its rules of procedure, any such body may act or take any decision notwithstanding any vacancy in its membership or the absence of any member.

                                                                                                                                                          204

                                                                                                                                                          1. Subject to subsection (2) of this section, any of the bodies may, with the approval of the Governor, by rules or otherwise regulate its own procedure or confer powers or impose duties on any officer or authority for the purpose of discharging its functions.
                                                                                                                                                          2. In the exercise of any powers under subsection (1) of this section any such body shall not confer powers or impose duties on any officer or authority of the Federation except with the approval of the President.
                                                                                                                                                          1. any reference to ex-officio member shall be construed as a reference to a person who is a member by virtue of his holding or performing the functions of an office in the public service of a State;
                                                                                                                                                          2. office means an office in the public service of a State;
                                                                                                                                                          3. any reference to member of any of the bodies established by section 197 of this Constitution shall be construed as including a reference, to the Chairman of that body; and
                                                                                                                                                          4. misconduct means breach of the Oath of Allegiance or oath of office of a member or a breach of the provisions of this Constitution or bribery or corruption or false declaration of assets and liabilities or conviction for treason or treasonable felony.

                                                                                                                                                          C. The Public Service of a State

                                                                                                                                                          1. There shall be for each State of the Federation a Civil Service.
                                                                                                                                                          2. Subject to the provisions of this Constitution, a State Civil Service Commission may, with the approval of the Governor and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this Constitution to any of its members or to any officer in the civil service of the State.

                                                                                                                                                          208

                                                                                                                                                          1. Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the Governor of the State.
                                                                                                                                                          2. The offices to which this section applies are, namely-
                                                                                                                                                            1. Secretary to the Government of the State;
                                                                                                                                                            2. Head of the Civil Service of the State;
                                                                                                                                                            3. Permanent Secretary or other chief executive in any Ministry or Department of the Government of the State howsoever designated; and
                                                                                                                                                            4. any office on the personal staff of the Governor.

                                                                                                                                                            Provided that where a person has been appointed from a public service of the Federation or a State, he shall be entitled to return to the public service of the Federation or of the State when the Governor ceases to hold office.

                                                                                                                                                            210

                                                                                                                                                            1. Subject to the provisions of subsection (2) of this section, the right of a person in the public service of a State to receive pension or gratuity shall be regulated by law.
                                                                                                                                                            2. Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any law, including the Code of Conduct.
                                                                                                                                                            3. Pensions shall be reviewed every five years or together with any state civil service salary reviews, whichever is earlier.
                                                                                                                                                            4. Pensions in respect of service in the service of a State shall not be taxed.

                                                                                                                                                            211

                                                                                                                                                              The Attorney-General of a state shall have power-
                                                                                                                                                              Establishment of military courts

                                                                                                                                                              212

                                                                                                                                                              1. The Governor may-
                                                                                                                                                                1. grant any person concerned with or convicted of any offence created by any law of a state a pardon, either free or subject to lawful conditions;
                                                                                                                                                                2. grant to any person a respite, of the execution of any punishment imposed on that person for such an offence;
                                                                                                                                                                3. substitute a less severe form of punishment for any person for such an offence; or
                                                                                                                                                                4. remit the whole or any part of punishment for any punishment imposed on that person for such any offence or of any penalty forfeiture otherwise due to the state on account of such an offence.

                                                                                                                                                                Part III. Supplemental

                                                                                                                                                                A. National Population Census

                                                                                                                                                                Advisory bodies to the head of state

                                                                                                                                                                213

                                                                                                                                                                1. Any report of the National Population Commission containing the population census after every census shall be delivered to the President by the Chairman of the Commission.
                                                                                                                                                                2. The President shall within a period of thirty days after receipts of the report lay copies of the report before the Council of State, which shall consider the report and advise the President whether to accept it or reject it.
                                                                                                                                                                3. Where the Council of State advises the President to accept the report, the President shall accept the same and shall then lay the report on the table of each House of the National Assembly.
                                                                                                                                                                4. Where the President accept such report and has laid it on the table of each House of the National Assembly he shall publish it in the official Gazette of the Government of the Federation for public information.
                                                                                                                                                                5. Where the Council of State advises the president to reject upon the ground-
                                                                                                                                                                  1. that the population census contained in the report is inaccurate; or
                                                                                                                                                                  2. that the report is perverse,

                                                                                                                                                                  the President shall reject the report accordingly and no reliance shall be placed upon any such report by any authority or person or for any purpose what so ever.

                                                                                                                                                                  B. Nigeria Police Force

                                                                                                                                                                  214

                                                                                                                                                                  1. There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof.
                                                                                                                                                                  2. Subject to the provisions of this Constitution-
                                                                                                                                                                    1. the Nigeria Police Force shall be organised and administered in accordance with such provisions as may be prescribed by an act of the National Assembly;
                                                                                                                                                                    2. the members of the Nigeria Police shall have such powers and duties as maybe conferred upon them by law;
                                                                                                                                                                    3. the National Assembly may make provisions for branches of the Nigeria Police Force forming part of the armed forces of the Federation or for the protection of harbours, waterways, railways and air fields.

                                                                                                                                                                    215

                                                                                                                                                                    1. There shall be-
                                                                                                                                                                      1. an Inspector-General of Police who, subject to section 216(2) of this Constitution shall be appointed by the President on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force;
                                                                                                                                                                      2. a Commissioner of Police for each state of the Federation who shall be appointed by the Police Service Commission.

                                                                                                                                                                      Provided that before carrying out any such directions under the foregoing provisions of this subsection the Commissioner of Police may request that the matter be referred to the President or such minister of the Government of the Federation as may be authorised in that behalf by the President for his directions.

                                                                                                                                                                      216

                                                                                                                                                                      1. Subject to the provisions of this constitution, the Nigeria Police Council may, with the approval of the President and subject to such conditions as it may think fit, delegate any of the powers conferred upon it by this Constitution to any of its members or to the Inspector-General of Police or any other member of the Nigeria Police Force.
                                                                                                                                                                      2. Before making any appointment to the office of the Inspector-General of Police or removing him from office the President shall consult the Nigeria Police Council.

                                                                                                                                                                      C. Armed Forces of the Federation

                                                                                                                                                                      217

                                                                                                                                                                      1. There shall be an armed forces for the Federation which shall consist of an army, a navy, an Air Force and such other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.
                                                                                                                                                                      2. The Federation shall, subject to an Act of the National Assembly made in that behalf, equip and maintain the armed forces as may be considered adequate and effective for the purpose of-
                                                                                                                                                                        1. defending Nigeria from external aggression;
                                                                                                                                                                        2. maintaining its territorial integrity and securing its borders from violation on land, sea, or air;
                                                                                                                                                                        3. suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly; and
                                                                                                                                                                        4. performance such other functions as may be prescribed by an Act of the National Assembly.
                                                                                                                                                                        Designation of commander in chief

                                                                                                                                                                        218

                                                                                                                                                                          The powers of the President as the Commissioner-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the Federation.
                                                                                                                                                                        Selection of active-duty commanders
                                                                                                                                                                        1. the powers exercisable by the President as Commander-in-Chief of the Armed Forces of the Federation; and
                                                                                                                                                                        2. the appointment, promotion and disciplinary control of members of the armed forces of the Federation.
                                                                                                                                                                        1. The National Assembly shall-
                                                                                                                                                                          1. in giving effect to the functions specified in section 217 of this Constitution; and
                                                                                                                                                                          2. with respect to the powers exercisable by the President under section 218 of this Constitution,

                                                                                                                                                                          by an Act, established a body which shall comprise such members as the National Assembly may determine, and which shall have power to ensure that the composition of the armed forces of the Federation shall reflect the federal character of Nigeria in the manner prescribed in the section 217 of this Constitution.

                                                                                                                                                                          Duty to serve in the military

                                                                                                                                                                          220

                                                                                                                                                                          1. The Federation shall establish and maintain adequate facilities for carrying into effect any Act of the National Assembly providing for compulsory military training or military service for citizens of Nigeria.
                                                                                                                                                                          2. Until an Act of the National Assembly is made in that behalf the President may maintain adequate facilities in any secondary or post-secondary educational institution in Nigeria for giving military training in any such institution which desires to have the training.

                                                                                                                                                                          D. Political Parties

                                                                                                                                                                          Campaign financing Restrictions on political parties
                                                                                                                                                                          1. the names and addresses of its national officers are registered with the Independent National Electoral Commission;
                                                                                                                                                                          2. the membership of the association is open to every citizen of Nigeria irrespective of his place of origin, circumstance of birth, sex, religion or ethnic grouping;
                                                                                                                                                                          3. a copy of its constitution is registered in the principal office of the Independent National Electoral Commission in such form as may be prescribed by the Independent National Electoral Commission;
                                                                                                                                                                          4. any alteration in its registered constitution is also registered in the principal office of the Independent National Electoral Commission within thirty days of the making of such alteration;
                                                                                                                                                                          5. the name of the association, its symbol or logo does not contain any ethnic or religious connotation or give the appearance that the activities of the association are confined to a part only of the geographical area of Nigeria; and
                                                                                                                                                                          6. the headquarters of the association is situated in the Federal Capital Territory, Abuja.
                                                                                                                                                                          Restrictions on political parties

                                                                                                                                                                          223

                                                                                                                                                                          1. The constitution and rules of a political party shall-
                                                                                                                                                                            1. provide for the periodical election on a democratic basis of the principal officers and members of the executive committee or other governing body of the political party; and
                                                                                                                                                                            2. ensure that the members of the executive committee or other governing body of the political party reflect the federal character of Nigeria.
                                                                                                                                                                            1. the election of the officers or members of the executive committee of a political party shall be deemed to be periodical only if it is made at regular intervals not exceeding four years; and
                                                                                                                                                                            2. the members of the executive committee or other governing body of the political party shall be deemed to reflect the federal character of Nigeria only if the members thereof belong to different States not being less in member than two-thirds of all the States comprising the Federation.
                                                                                                                                                                            Restrictions on political parties Restrictions on political parties

                                                                                                                                                                            225

                                                                                                                                                                            1. Every political party shall, at such times and in such manner as the Independent National Electoral Commission may require, submit to the Independent National Electoral Commission and publish a statement of its assets and liabilities.
                                                                                                                                                                            2. Every political party shall submit to the Independent National Electoral Commission a detailed annual statement and analysis of its sources of funds and other assets together with a similar statement of its expenditure in such form as the Commission may require.
                                                                                                                                                                            Campaign financing
                                                                                                                                                                            1. hold or possess any funds or other assets outside Nigeria; or
                                                                                                                                                                            2. be entitled to retain any funds or assets remitted or sent to it from outside Nigeria.
                                                                                                                                                                            Electoral commission Electoral commission

                                                                                                                                                                            226

                                                                                                                                                                            1. The Independent National Electoral commission, shall in every year prepare and submit to the National Assembly a report on the accounts and balance sheet of every political party.
                                                                                                                                                                            2. It shall be the duty of the commission, in preparing its report under this section, to carry out such investigations as will enable it to form an opinion as to whether proper books of accounts and proper records have been kept by any political party, and if the Commission is of the opinion that proper books of accounts have not been kept by a political party, the Commission shall so report.
                                                                                                                                                                            3. Every member of the Commission or its duly authorised agent shall-
                                                                                                                                                                              1. have a right of access at all times to the books and accounts and vouchers of all political parties; and
                                                                                                                                                                              2. be entitled to require from the officers of the political party such information and explanation as he thinks necessary for the performance of his duties under this Constitution,

                                                                                                                                                                              and if the member of the Commission or such agent fails or is unable to obtain all the information and explanation which to the best of his knowledge and belief are necessary for the purposes of the investigation, the Commission shall state that fact in its report.

                                                                                                                                                                              Restrictions on political parties

                                                                                                                                                                              228. Powers of the National Assembly with respect to political parties

                                                                                                                                                                              The National Assembly may by law provide-

                                                                                                                                                                              1. guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries, party congresses and party conventions; and
                                                                                                                                                                              2. the conferment on the Independent National Electoral Commission of powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively to ensure that political parties observe the practices of internal democracy, including the fair and transparent conduct of party primaries, party congresses and party conventions;
                                                                                                                                                                              Campaign financing

                                                                                                                                                                              Chapter VII. The Judicature

                                                                                                                                                                              Part I. Federal Courts

                                                                                                                                                                              A. The Supreme Court of Nigeria

                                                                                                                                                                              Structure of the courts

                                                                                                                                                                              230

                                                                                                                                                                              1. There shall be a Supreme Court of Nigeria.
                                                                                                                                                                              2. The Supreme Court of Nigeria shall consist of-
                                                                                                                                                                                Number of supreme court judges Number of supreme court judges

                                                                                                                                                                                231

                                                                                                                                                                                Establishment of judicial council , Supreme court selection Establishment of judicial council , Supreme court selection Eligibility for supreme court judges Supreme court powers

                                                                                                                                                                                232

                                                                                                                                                                                Federal review of subnational legislation

                                                                                                                                                                                Provided that no original jurisdiction shall be conferred upon the Supreme Court with respect to any criminal matter.

                                                                                                                                                                                Supreme court powers , Right to appeal judicial decisions

                                                                                                                                                                                233

                                                                                                                                                                                1. The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal.
                                                                                                                                                                                2. An appeal shall lie from the decisions of the Court of Appeal to the Supreme Court as of right in the following cases—
                                                                                                                                                                                  1. where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the Court of Appeal;
                                                                                                                                                                                  Constitutional interpretation
                                                                                                                                                                                  1. whether any person has been validly elected to the office of President or Vice-President under this Constitution,
                                                                                                                                                                                  2. whether the term of office of President or Vice-President has ceased,
                                                                                                                                                                                  3. whether the office of President or Vice-President has become vacant;
                                                                                                                                                                                  4. whether any person has been validly elected to the office of Governor or Deputy Governor under this Constitution,
                                                                                                                                                                                  5. whether the term of office of a Governor or Deputy Governor has ceased,
                                                                                                                                                                                  6. whether the office of Governor or Deputy Governor has become vacant; and
                                                                                                                                                                                  1. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Law, the Supreme Court shall be duly constituted if it consists of not less than five Justices of the Supreme Court:

                                                                                                                                                                                  Provided that where the Supreme Court is sitting to consider an appeal brought under 233(2) (b) or (c) of this Constitution, or to exercise its original jurisdiction in accordance with section 232 of this Constitution, the Court shall be constituted by seven Justices.

                                                                                                                                                                                  Right to appeal judicial decisions

                                                                                                                                                                                  B. The Court of Appeal

                                                                                                                                                                                  Structure of the courts

                                                                                                                                                                                  237

                                                                                                                                                                                  1. There shall be a Court of Appeal.
                                                                                                                                                                                  2. The Court of Appeal shall consist of-
                                                                                                                                                                                    1. a President of the Court of Appeal; and
                                                                                                                                                                                    Eligibility for ordinary court judges , Minimum age of ordinary court judges

                                                                                                                                                                                    238

                                                                                                                                                                                    Ordinary court selection , Establishment of judicial council Ordinary court selection , Establishment of judicial council Eligibility for ordinary court judges

                                                                                                                                                                                    239

                                                                                                                                                                                    1. Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any other court of Law in Nigeria, have original jurisdiction to hear and determine any question as to whether—
                                                                                                                                                                                      1. any person has been validly elected to the office of President or Vice-President under this Constitution; or
                                                                                                                                                                                      2. the term of office of the President or Vice-President has ceased; or
                                                                                                                                                                                      3. the office of President or Vice-President has become vacant.
                                                                                                                                                                                      Establishment of military courts

                                                                                                                                                                                      241

                                                                                                                                                                                      1. An appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal as of right in the following cases-
                                                                                                                                                                                        1. final decisions in any civil or criminal proceedings before the Federal High Court or a High Court or a High Court sitting at first instance;
                                                                                                                                                                                        2. where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings;
                                                                                                                                                                                        Constitutional interpretation
                                                                                                                                                                                        1. where the liberty of a person or the custody of an infant is concerned,
                                                                                                                                                                                        2. where an injunction or the appointment of a receiver is granted or refused,
                                                                                                                                                                                        3. in the case of a decision determining the case of a creditor or the liability of a contributory or other officer under any enactment relating to companies in respect of misfeasance or otherwise,
                                                                                                                                                                                        4. in the case of a decree nisi in a matrimonial cause or a decision in an admiralty action determining liability, and
                                                                                                                                                                                        5. in such other cases as may be prescribed by any law in force in Nigeria.
                                                                                                                                                                                        1. from a decision of the Federal High Court or any High Court granting unconditional leave to defend an action;
                                                                                                                                                                                        2. from an order absolute for the dissolution or nullity of marriage in favour of any party who, having had time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from that decree nisi; and
                                                                                                                                                                                        3. without the leave of the Federal High Court or a High Court or of the Court of Appeal from a decision of the Federal High Court or High Court made with the consent of the parties or as to costs only.

                                                                                                                                                                                        242

                                                                                                                                                                                        1. Subject to the provisions of section 241 of this Constitution, an appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal with the leave of the Federal High Court or High Court or the Court of Appeal.
                                                                                                                                                                                        2. The Court of Appeal may dispose of any application for leave to appeal from any decision of the Federal High Court or a High Court in respect of any civil or criminal proceedings in which an appeal has been brought to the Federal High Court or a High Court from any other court after consideration of the record of the proceedings, if the Court of Appeal is of the opinion that the interests of justice do not require an oral hearing of the application.

                                                                                                                                                                                        243

                                                                                                                                                                                        1. Any right of appeal to the Court of Appeal from the decisions of the Federal High Court or a High Court conferred by this Constitution shall be-
                                                                                                                                                                                          1. exercisable in the case of civil proceedings at the instance of a party thereto, or with the leave of the Federal High Court or High Court or the Court of Appeal at the instance of any other person having an interest in the matter, and in the case of criminal proceedings at the instance of an accused person or, subject to the provisions of this Constitution and any powers conferred upon the Attorney-General of the Federation or the Attorney-General of a state to take over and continue or to discontinue such proceedings, at the instance of such other authorities or persons as may be prescribed;
                                                                                                                                                                                          2. exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

                                                                                                                                                                                          Provided that where an Act or Law prescribes that an appeal shall lie from the decisions of the National Industrial Court to the Court of Appeal, such appeal shall be with the leave of the Court of Appeal.

                                                                                                                                                                                          Status of religious law

                                                                                                                                                                                          244

                                                                                                                                                                                          1. An appeal shall lie from decisions of a Sharia Court of Appeal to the Court of Appeal as of right in any civil proceedings before the Sharia Court of Appeal with respect to any question of Islamic personal law which the Sharia Court of Appeal is competent to decide.
                                                                                                                                                                                          2. Any right of appeal to the Court of Appeal from the decisions of a Sharia Court of Appeal conferred by this section shall be-
                                                                                                                                                                                            1. exercisable at the instance of a party thereto or, with the leave of the Sharia Court of Appeal or of the Court of Appeal, at the instance of any other person having an interest in the matter; and
                                                                                                                                                                                            2. exercised in accordance with an Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

                                                                                                                                                                                            245

                                                                                                                                                                                            1. An appeal shall lie from decisions of a customary Court of Appeal to the Court of Appeal as of right in any civil proceedings before the customary Court of Appeal with respect to any question of Customary law and such other matters as may be prescribed by an Act of the National Assembly.
                                                                                                                                                                                            2. Any right of appeal to the Court of Appeal from the decisions of a Customary Court of Appeal conferred by this section shall be-
                                                                                                                                                                                              1. exercisable at the instance of a party thereto or, with the leave of the Customary Court of Appeal or of the Court of Appeal, at the instance of any other person having an interest in the matter;
                                                                                                                                                                                              2. exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

                                                                                                                                                                                              246

                                                                                                                                                                                              1. An appeal to the Court of Appeal shall lie as of right from—
                                                                                                                                                                                                1. decisions of the Code of Conduct Tribunal established in the Fifth Schedule to this Constitution;
                                                                                                                                                                                                2. decisions of the National and State Houses of Assembly Election Tribunals; and
                                                                                                                                                                                                3. decisions of the Governorship Election Tribunals, on any question as to whether—
                                                                                                                                                                                                  1. any person has been validly elected as a member of the National Assembly or of a House of Assembly of a State under this Constitution,
                                                                                                                                                                                                  2. any person has been validly elected to the office of a Governor or Deputy Governor, or
                                                                                                                                                                                                  3. the term of office of any person has ceased or the seat of any such person has become vacant.

                                                                                                                                                                                                  247

                                                                                                                                                                                                  1. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the Court of Appeal shall be duly constituted if it consists of not less than three Justices of the Court of Appeal and in the case of appeals from-
                                                                                                                                                                                                    1. a Sharia Court of Appeal if it consists of not less than three Justices of the Court of Appeal learned in Islamic personal law; and
                                                                                                                                                                                                    2. a Customary Court of Appeal, if it consists of not less than three Justices of Court of Appeal learned in Customary law.

                                                                                                                                                                                                    C. The Federal High Court

                                                                                                                                                                                                    Structure of the courts

                                                                                                                                                                                                    249

                                                                                                                                                                                                    1. There shall be a Federal High Court.
                                                                                                                                                                                                    2. The Federal High Court shall consist of-
                                                                                                                                                                                                      1. a Chief Judge of the Federal High Court; and
                                                                                                                                                                                                      2. such number of Judges of the Federal High Court as may be prescribed by an Act of the National Assembly.

                                                                                                                                                                                                      250

                                                                                                                                                                                                      Ordinary court selection , Establishment of judicial council Ordinary court selection , Establishment of judicial council Eligibility for ordinary court judges

                                                                                                                                                                                                      251

                                                                                                                                                                                                      1. Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the Federal High Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters-
                                                                                                                                                                                                        1. relating to the revenue of the Government of the Federation in which the said Government or any organ thereof or a person suing or being sued on behalf of the said Government is a party;
                                                                                                                                                                                                        2. connected with or pertaining to the taxation of companies and other bodies established or carrying on business in Nigeria and all other persons subject to Federal taxation;
                                                                                                                                                                                                        3. connected with or pertaining to customs and excise duties and export duties, including any claim by or against the Nigeria Customs Service or any member or officer thereof, arising from the performance of any duty imposed under any regulation relating to customs and excise duties and export duties;
                                                                                                                                                                                                        Central bank

                                                                                                                                                                                                        connected with or pertaining to banking, banks, other financial institutions, including any action between one bank and another, any action by or against the Central Bank of Nigeria arising from banking, foreign exchange, coinage, legal tender, bills of exchange, letters of credit, promissory notes and other fiscal measures:

                                                                                                                                                                                                        Provided that this paragraph shall not apply to any dispute between an individual customer and his bank in respect of transactions between the individual customer and the bank;

                                                                                                                                                                                                        Provisions for intellectual property Power to deport citizens Constitutional interpretation Ultra-vires administrative actions

                                                                                                                                                                                                        Provided that nothing in the provisions of paragraphs (p), (q) and (r) of this subsection shall prevent a person from seeking redress against the Federal Government or any of its agencies in an action for damages, injunction or specific performance where the action is based on any enactment, law or equity.

                                                                                                                                                                                                        252

                                                                                                                                                                                                        1. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or as may be conferred by an Act of the National Assembly, the Federal High Court shall have all the powers of the High Court of a state.
                                                                                                                                                                                                        2. Notwithstanding subsection (1) of this section, the National Assembly may by law make provisions conferring upon the Federal high Court powers additional to those conferred by this section as may appear necessary or desirable for enabling the Court more effectively to exercise its jurisdiction.
                                                                                                                                                                                                        1. The Federal High Court shall be duly constituted if it consists of at least one Judge of that Court.
                                                                                                                                                                                                        2. Subject to the provisions of any Act of the National Assembly, the Chief Judge of the Federal High Court may make rules for regulating the practice and procedure of the Federal High Court.
                                                                                                                                                                                                        Establishment of labor courts

                                                                                                                                                                                                        CC. The National Industrial Court of Nigeria

                                                                                                                                                                                                        254A

                                                                                                                                                                                                        1. There shall be a National Industrial Court of Nigeria.
                                                                                                                                                                                                        2. The National Industrial Court shall consist of:
                                                                                                                                                                                                          1. President of the National Industrial Court; and
                                                                                                                                                                                                          2. such number of Judges of the National Industrial Court as may be prescribed by an Act of the National Assembly.

                                                                                                                                                                                                          254B

                                                                                                                                                                                                          Establishment of judicial council Establishment of judicial council

                                                                                                                                                                                                          254C

                                                                                                                                                                                                          1. Notwithstanding the provisions of sections 251, 257, 272 and anything contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the National Industrial Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters—
                                                                                                                                                                                                            1. relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matters incidental thereto or connected therewith;
                                                                                                                                                                                                            2. relating to, connected with or arising from Factories Act, Trade Disputes Act, Trade Unions Act, Labour Act, Employees’ Compensation Act or any other Act or Law relating to labour, employment, industrial relations, workplace or any other enactment replacing the Acts or Laws;
                                                                                                                                                                                                            3. relating to or connected with the grant of any order restraining any person or body from taking part in any strike, lock-out or any industrial action, or any conduct in contemplation or in furtherance of a strike, lock-out or any industrial action and matters Connected therewith or related thereto;
                                                                                                                                                                                                            Constitutional interpretation
                                                                                                                                                                                                            1. collective agreement;
                                                                                                                                                                                                            2. award or order made by an arbitral tribunal in respect of a trade dispute or a trade union dispute;
                                                                                                                                                                                                            3. award or judgment of the Court;
                                                                                                                                                                                                            4. term of settlement of any trade dispute;
                                                                                                                                                                                                            5. trade union dispute or employment dispute as may be recorded in a memorandum of settlement;
                                                                                                                                                                                                            6. trade union constitution, the constitution of an association of employers or any association relating to employment, labour, industrial relations or work place;
                                                                                                                                                                                                            7. dispute relating to or connected with any personnel matter arising from any free trade zone in the Federation or any part thereof;
                                                                                                                                                                                                            1. appeals from the decisions of the Registrar of Trade Unions, or matters relating thereto or connected therewith;
                                                                                                                                                                                                            2. appeals from the decisions or recommendations of any administrative body or commission of enquiry, arising from or connected with employment, labour, trade unions or industrial relations; and
                                                                                                                                                                                                            3. such other jurisdiction, civil or criminal and whether to the exclusion of any other court or not, as may be conferred upon it by an Act of the National Assembly;
                                                                                                                                                                                                            International law

                                                                                                                                                                                                            Provided that nothing in this subsection shall preclude the National Industrial Court from entertaining and exercising appellate and supervisory jurisdiction over an arbitral tribunal or commission, administrative body, or board of inquiry in respect of any matter that the National Industrial Court has jurisdiction to entertain or any other matter as may be prescribed by an Act of the National Assembly or any Law in force in any part of the Federation.

                                                                                                                                                                                                            254D

                                                                                                                                                                                                            1. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or as may be conferred by an Act of the National Assembly, the National Industrial Court shall have all the powers of a High Court.
                                                                                                                                                                                                            2. Notwithstanding subsection (1) of this section, the National Assembly may by law, make provisions conferring upon the National Industrial Court powers additional to those conferred by this section as may appear necessary or desirable for enabling the Court to be more effective in exercising its jurisdiction.

                                                                                                                                                                                                            254E

                                                                                                                                                                                                            1. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the National Industrial Court shall be duly constituted if it consists of a single Judge or not more than three Judges as the President of the National Industrial Court may direct.
                                                                                                                                                                                                            2. For the purpose of exercising its criminal jurisdiction, the President of the Court may hear and determine or assign a single Judge of the Court to hear and determine such matter.
                                                                                                                                                                                                            3. For the purpose of exercising any jurisdiction conferred upon it by the Constitution or any other law, the Court may, if it thinks it expedient to do so or in a manner prescribed under any enactment, law or rules of court, call in the aid of one or more assessors specially qualified to try and hear the cause or matter wholly or partly with the assistance of such assessors.
                                                                                                                                                                                                            4. For the purpose of subsection(3) of this section, an assessor shall be a person who is qualified and experienced in his field of specialization and who has been so qualified for a period of not less than ten years.

                                                                                                                                                                                                            254F

                                                                                                                                                                                                            1. Subject to the provisions of any Act of the National Assembly, the President of the National Industrial Court may make rules for regulating the practice and procedure of the National Industrial Court.
                                                                                                                                                                                                            2. For the purpose of exercising its criminal jurisdiction, the provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code or Evidence Act shall apply.
                                                                                                                                                                                                            Structure of the courts

                                                                                                                                                                                                            D. The High Court of the Federal Capital Territory, Abuja

                                                                                                                                                                                                            255

                                                                                                                                                                                                            1. There shall be a High Court of the Federal Capital Territory, Abuja.
                                                                                                                                                                                                            2. The High Court of the Federal Capital Territory, Abuja shall consist of-
                                                                                                                                                                                                              1. a Chief Judge of the High Court of the Federal Capital Territory, Abuja; and
                                                                                                                                                                                                              2. such number of Judges of the High Court as may be prescribed by an Act of the National Assembly.

                                                                                                                                                                                                              256

                                                                                                                                                                                                              Establishment of judicial council , Ordinary court selection Ordinary court selection , Establishment of judicial council Eligibility for ordinary court judges

                                                                                                                                                                                                              257

                                                                                                                                                                                                              1. Subject to the provisions of section 251 and any other provisions of this Constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of the Federal Capital Territory, Abuja shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.
                                                                                                                                                                                                              2. The reference to civil or criminal proceedings in this section includes a reference to the proceedings which originate in the High Court of the Federal Capital Territory, Abuja and those which are brought before the High Court of the Federal Capital Territory, Abuja to be dealt with by the Court in the exercise of its appellate or supervisory jurisdiction.
                                                                                                                                                                                                              1. The High Court of the Federal Capital Territory, Abuja shall be duly constituted if it consists of at least one Judge of that court.
                                                                                                                                                                                                              2. Subject to the provisions of any Act of the National Assembly, the Chief Judge of the High Court of the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the High Court of the Federal Capital Territory, Abuja.
                                                                                                                                                                                                              Establishment of religious courts

                                                                                                                                                                                                              E. The Sharia Court of Appeal of the Federal Capital Territory, Abuja

                                                                                                                                                                                                              260

                                                                                                                                                                                                              1. There shall be a Sharia Court of Appeal of the Federal Capital Territory, Abuja.
                                                                                                                                                                                                              2. The Sharia Court of Appeal of the Federal Capital Territory, Abuja shall consist of-
                                                                                                                                                                                                                1. a Grand Kadi of the Sharia Court of Appeal; and
                                                                                                                                                                                                                2. such number of Kadis of the Sharia Court of Appeal as may be prescribed by an Act of the National Assembly.
                                                                                                                                                                                                                Establishment of judicial council

                                                                                                                                                                                                                261

                                                                                                                                                                                                                1. The appointment of a person to the office of the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the Senate.
                                                                                                                                                                                                                2. The appointment of a person to the office of a Kadi of the Sharia Court of Appeal shall be made by the President on the recommendation of the National Judicial Council.
                                                                                                                                                                                                                3. A person shall not be qualified to hold office as Grand Kadi or Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja unless-
                                                                                                                                                                                                                  1. he is a legal practitioner in Nigeria and has so qualified for a period of not less than ten years and has obtained a recognised qualification in Islamic law from an institution acceptable to the National Judicial Council; or
                                                                                                                                                                                                                  2. he has attended and has obtained a recognised qualification in Islamic law from an institution approved by the National Judicial Council and has held the qualification for a period of not less than twelve years; and
                                                                                                                                                                                                                    1. he either has considerable experience in the practice of Islamic law, or
                                                                                                                                                                                                                    2. he is a distinguished scholar of Islamic law.
                                                                                                                                                                                                                    Status of religious law

                                                                                                                                                                                                                    262

                                                                                                                                                                                                                    1. The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law.
                                                                                                                                                                                                                    2. For the purpose of subsection (1) of this section, the Sharia Court of Appeal shall be competent to decide-
                                                                                                                                                                                                                      1. any question of Islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant;
                                                                                                                                                                                                                      2. where all the parties to the proceeding are Muslims, any question of Islamic personal law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a foundling or the guardianship of an infant;
                                                                                                                                                                                                                      3. any question of Islamic personal law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a Muslim;
                                                                                                                                                                                                                      4. any question of Islamic personal law regarding an infant, prodigal or person of unsound mind who is a Muslim or the maintenance or the guardianship of a Muslim who is physically or mentally infirm; or
                                                                                                                                                                                                                      5. where all the parties to the proceedings, being Muslims, have requested the court that hears the case in the first instance to determine that case in accordance with Islamic personal law, any other question.
                                                                                                                                                                                                                      1. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Act of the National Assembly, the Sharia Court of Appeal shall be duly constituted if it consists of at least three Kadis of that Court.
                                                                                                                                                                                                                      2. Subject to the provisions of any Act of the National Assembly, the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.

                                                                                                                                                                                                                      F. The Customary Court of Appeal of the Federal Capital Territory, Abuja

                                                                                                                                                                                                                      265

                                                                                                                                                                                                                      1. There shall be a Customary Court of Appeal of the Federal Capital Territory, Abuja.
                                                                                                                                                                                                                      2. The Customary Court of Appeal of the Federal Capital Territory, Abuja shall consist of-
                                                                                                                                                                                                                        1. a President of the Customary Court of Appeal; and
                                                                                                                                                                                                                        2. such number of Judges of the Customary Court of Appeal as may be prescribed by an Act of the National Assembly.
                                                                                                                                                                                                                        Establishment of judicial council

                                                                                                                                                                                                                        266

                                                                                                                                                                                                                        1. The appointment of a person to the office of the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council, subject to the confirmation of such appointment by the Senate.
                                                                                                                                                                                                                        2. The appointment of a person to the office of a Judge of the Customary Court of Appeal shall be made by the President on the recommendation of the National Judicial Council.
                                                                                                                                                                                                                        3. Apart from such other qualification as may be prescribed by an Act of the National Assembly, a person shall not be qualified to hold the office of President or a Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja, unless-
                                                                                                                                                                                                                          1. he is a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and, in the opinion of the National Judicial Council he has considerable knowledge and experience in the practice of Customary law; or
                                                                                                                                                                                                                          2. in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customary law.
                                                                                                                                                                                                                          1. The Customary Court of Appeal of the Federal Capital Territory, Abuja shall, in addition to such other jurisdiction as may be conferred upon by an Act of The National Assembly Exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Customary law.
                                                                                                                                                                                                                          2. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Act of the National Assembly, the Customary Court of Appeal shall be duly constituted if it consists of at least three Judges of that Court.
                                                                                                                                                                                                                          3. Subject to the provisions of any Act of the National Assembly, the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja, may make rules for regulating the practice and procedure of the Customary Court of Appeal of the Federal Capital Territory, Abuja.

                                                                                                                                                                                                                          Part II. State Courts

                                                                                                                                                                                                                          Structure of the courts

                                                                                                                                                                                                                          A. High Court of a State

                                                                                                                                                                                                                          270

                                                                                                                                                                                                                          1. There shall be a High Court for each State of the Federation.
                                                                                                                                                                                                                          2. The High Court of a State shall consist of-
                                                                                                                                                                                                                            1. a Chief Judge of the State; and
                                                                                                                                                                                                                            2. such number of Judges of the High Court as may be prescribed by a Law of the House of Assembly of the State.

                                                                                                                                                                                                                            271

                                                                                                                                                                                                                            Ordinary court selection , Establishment of judicial council Establishment of judicial council , Ordinary court selection Eligibility for ordinary court judges

                                                                                                                                                                                                                            272

                                                                                                                                                                                                                            1. Subject to the provisions of section 251 and other provisions of this Constitution, the High Court of a State shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.
                                                                                                                                                                                                                            2. The reference to civil or criminal proceedings in this section includes a reference to the proceedings which originate in the High Court of a State and those which are brought before the High Court to be dealt with by the court in the exercise of its appellate or supervisory jurisdiction.
                                                                                                                                                                                                                            3. Subject to the provisions of section 251 and other provisions of this Constitution, the Federal High Court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a State, a Governor or Deputy Governor has ceased or become vacant.
                                                                                                                                                                                                                            1. For the purpose of exercising any jurisdiction conferred upon it under this Constitution or any law, a High court of a State shall be duly constituted if it consists of at least one Judge of that Court.
                                                                                                                                                                                                                            2. Subject to the provisions of any law made by the House of Assembly of a State, the Chief Judge of a State may make rules for regulating the practice and procedure of the High Court of the State.
                                                                                                                                                                                                                            Establishment of religious courts

                                                                                                                                                                                                                            B. Sharia Court of Appeal of a State

                                                                                                                                                                                                                            275

                                                                                                                                                                                                                            1. There shall be for any State that requires it a Sharia Court of Appeal for that State.
                                                                                                                                                                                                                            2. The Sharia Court of Appeal of the State shall consist of-
                                                                                                                                                                                                                              1. a Grand Kadi of the Sharia Court of Appeal; and
                                                                                                                                                                                                                              2. such member of Kadi of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State.
                                                                                                                                                                                                                              Establishment of judicial council

                                                                                                                                                                                                                              276

                                                                                                                                                                                                                              1. The appointment of a person to the office of the Grand Kadi of the Sharia Court of Appeal of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the House of Assembly of the State.
                                                                                                                                                                                                                              2. The appointment of a person to the office of a Kadi of the Sharia Court of Appeal of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council.
                                                                                                                                                                                                                              3. A person shall not be qualified to hold office as a Kadi of the Sharia Court of Appeal of a State unless-
                                                                                                                                                                                                                                1. he is a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and has obtained a recognised qualification in Islamic law from an institution acceptable to the National Judicial Council; or
                                                                                                                                                                                                                                2. he has attended and has obtained a recognised qualification in Islamic law from an institution approved by the National Judicial council and has held the qualification for a period of not less than ten years; and
                                                                                                                                                                                                                                  1. he either has considerable experience in the practice of Islamic law, or
                                                                                                                                                                                                                                  2. he is a distinguished scholar of Islamic law.
                                                                                                                                                                                                                                  Status of religious law

                                                                                                                                                                                                                                  277

                                                                                                                                                                                                                                  1. The Sharia Court of Appeal of a State shall, in addition to such other jurisdiction as may be conferred upon it by the law of the State, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal Law which the court is competent to decide in accordance with the provisions of subsection (2) of this section.
                                                                                                                                                                                                                                  2. For the purposes of subsection (1) of this section, the sharia Court of Appeal shall be competent to decide-
                                                                                                                                                                                                                                    1. any question of Islamic personal Law regarding a marriage concluded in accordance with that Law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant;
                                                                                                                                                                                                                                    2. where all the parties to the proceedings are muslims, any question of Islamic personal Law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a founding or the guarding of an infant;
                                                                                                                                                                                                                                    3. any question of Islamic personal Law regarding a wakf, gift, will or succession where the endower, donor, testator or deceased person is a muslim;
                                                                                                                                                                                                                                    4. any question of Islamic personal Law regarding an infant, prodigal or person of unsound mind who is a muslim or the maintenance or the guardianship of a muslim who is physically or mentally infirm; or
                                                                                                                                                                                                                                    5. where all the parties to the proceedings, being muslims, have requested the court that hears the case in the first instance to determine that case in accordance with Islamic personal law, any other question.
                                                                                                                                                                                                                                    1. For the purpose of exercising any jurisdiction conferred upon it this Constitution or any law, a sharia Court of Appeal of a State shall be duly constituted if it consists of at least three kadis of that Court.
                                                                                                                                                                                                                                    2. Subject to provisions of any made by the House of Assembly of the State, the Grand Kadi of the Sharia Court of Appeal of the state may make rules regulating the practice and procedure of the Sharia Court of Appeal.

                                                                                                                                                                                                                                    C. Customary Court of Appeal of a State

                                                                                                                                                                                                                                    280

                                                                                                                                                                                                                                    1. There shall be for any State that requires it a Customary Court of Appeal for that State.
                                                                                                                                                                                                                                    2. The Customary Court of Appeal of a State shall consist of-
                                                                                                                                                                                                                                      1. a President of the Customary Court of Appeal of the State; and
                                                                                                                                                                                                                                      2. such number of Judges of the Customary Court of Appeal as may be prescribed by the House of Assembly of the State.
                                                                                                                                                                                                                                      Establishment of judicial council

                                                                                                                                                                                                                                      281

                                                                                                                                                                                                                                      1. The appointment of a person to the office of President of a Customary Court of Appeal shall be made by the Governor of the State on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the House of Assembly of the State.
                                                                                                                                                                                                                                      2. The appointment of a person to the office of a Judge of a Customary Court of Appeal shall be made by the Governor of the State on the recommendation of the National Judicial Council.
                                                                                                                                                                                                                                      3. Apart from such other qualification as may be prescribed by a law of the House of Assembly of the State, a person shall not be qualified to hold office of a president or of a Judge of a Customary Court of Appeal of a State unless-
                                                                                                                                                                                                                                        1. he is a legal practitioner in Nigeria and he has been so qualified for a period of not less than ten years and In the opinion of the National Judicial Council he has considerable knowledge and experience in the practice of Customary law; or
                                                                                                                                                                                                                                        2. in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customary law.

                                                                                                                                                                                                                                        282

                                                                                                                                                                                                                                        1. A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involve questions of Customary law.
                                                                                                                                                                                                                                        2. For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and decide such questions as may be prescribed by the House of Assembly of the State for which it is established.
                                                                                                                                                                                                                                        1. For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any law, a Customary Court of Appeal of the State may make rules for regulating the practice and procedure of the Customary Court of Appeal of the State.
                                                                                                                                                                                                                                        2. Subject to the provisions of any law by the House of Assembly of the State, the President of the Customary Court of Appeal of the State may make rules for regulating the practice and procedure of the customary Court of Appeal of the State.

                                                                                                                                                                                                                                        Part III. Election Tribunals

                                                                                                                                                                                                                                        285

                                                                                                                                                                                                                                        Electoral court powers
                                                                                                                                                                                                                                        1. any person has been validly elected as a member of the National Assembly; or
                                                                                                                                                                                                                                        2. any person has been validly elected as a member of the House of Assembly of a State.
                                                                                                                                                                                                                                        Electoral court powers

                                                                                                                                                                                                                                        Part IV. Supplemental

                                                                                                                                                                                                                                        286

                                                                                                                                                                                                                                        1. Subject to the provisions of this Constitution-
                                                                                                                                                                                                                                          1. where by the Law of a State jurisdiction is conferred upon any court for the hearing and determination of civil causes and of appeals arising out of such causes, the court shall have like jurisdiction with respect to the hearing and determination of Federal causes and of appeals arising out of such causes;
                                                                                                                                                                                                                                          2. where by the Law of a State jurisdiction is conferred upon any court for the investigation, inquiry into, or trial of persons accused of offences against the Laws of the State and with respect to the hearing and determination of appeals arising out of any such trial or out of any proceedings connected therewith, the court shall have like jurisdiction with respect to the investigation, inquiry into, or trial of persons for Federal offences and the hearing and determination of appeals arising out of the trial or proceedings; and
                                                                                                                                                                                                                                          3. the jurisdiction conferred on a court of a state pursuant to the provisions of this section shall be exercised in conformity with the practice and procedure for the time being prescribed in relation to its jurisdiction over civil or criminal causes other than Federal causes.

                                                                                                                                                                                                                                          “Federal cause” means civil or criminal cause relating to provisions of the National Assembly has power to make laws; and

                                                                                                                                                                                                                                          “Federal offence” means an offence contrary to the provisions of Act of the National Assembly or any law having effect as if so enacted.

                                                                                                                                                                                                                                          287

                                                                                                                                                                                                                                          1. The decisions of the Supreme court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the supreme Court.
                                                                                                                                                                                                                                          2. The decisions of the Court of Appeal shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Court of Appeal.
                                                                                                                                                                                                                                          3. The decisions of the Federal High Court, the National Industrial Court, a High Court and of all other courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other courts of law with subordinate jurisdiction to that of the Federal High Court, the National Industrial Court, a High Court and those other courts, respectively.

                                                                                                                                                                                                                                          288

                                                                                                                                                                                                                                          1. In exercising his powers under the foregoing provisions of this Chapter in respect of appointments to the offices of Justices of the Supreme court and Justices of the Court of Appeal, the President shall have regard to the need to ensure that there are among the holders of such offices persons learned in Islamic personal law and persons learned in Customary law.
                                                                                                                                                                                                                                          2. For the purposes of subsection (1) of this section-
                                                                                                                                                                                                                                            1. a person shall be deemed to be learned in Islamic personal law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of a Justice of the Supreme Court or not less than twelve years in the case of a Justice of the Court of Appeal and has in either case obtained a recognized qualification in Islamic law from an institution acceptable to the National Judicial Council; and
                                                                                                                                                                                                                                            2. a person shall be deemed to be learned in Customary law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of a Justice of the Supreme Court or not less than twelve years in the case of a Justice of the Court of Appeal and has in either case and in the opinion of the National Judicial Council considerable knowledge of and experience in the practice of Customary law.
                                                                                                                                                                                                                                            1. No legal practitioner shall be qualified for appointment as a Justice of the Supreme Court, the Court of Appeal or a Judge of a Federal High Court or Judge of the National Industrial Court or a Judge of a High Court or a Kadi of a Sharia Court of Appeal or a Judge of the Customary Court of Appeal whilst he is a member of the National Judicial Council or Committee of the Federal Capital Territory, Abuja or a State Judicial Service Commission, and he shall remain so disqualified until a period of three years has elapsed since he ceased to be member.
                                                                                                                                                                                                                                            Oaths to abide by constitution

                                                                                                                                                                                                                                            290

                                                                                                                                                                                                                                            1. A person appointed to any judicial office shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed under this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the Judicial Oath prescribed in the seventh Schedule to this Constitution.
                                                                                                                                                                                                                                            2. The oaths aforesaid shall be administered by the person for the time being authorized by law to administer such oaths.
                                                                                                                                                                                                                                            Mandatory retirement age for judges

                                                                                                                                                                                                                                            291

                                                                                                                                                                                                                                            1. A judicial officer appointed to the Supreme Court or the Court of Appeal may retire when he attains the age of sixty-five years and he shall cease to hold office when he attains the age of seventy years.
                                                                                                                                                                                                                                            2. A judicial officer appointed to any other court, other than those specified in subsection (1) of this section may retire when he attains the age of sixty years and he shall cease to hold office when he attains the age of sixty-five years.
                                                                                                                                                                                                                                            3. Any person who has held office as a judicial officer-
                                                                                                                                                                                                                                              1. for a period of not less than fifteen years shall, if he retires at or after the age of sixty-five years in the case of the Chief Justice of Nigeria, a Justice of the Supreme Court, the President of the Court of Appeal or a Justice of the Court of Appeal or at or after the age of sixty years in any other case, be entitled to pension for life at a rate equivalent to his last annual salary and all his allowances in addition to any other retirement benefits to which he may be entitled;
                                                                                                                                                                                                                                              2. for a period of less than fifteen years shall, if he retires at or after the age of sixty-five years or sixty years, as the case may be, be entitled to pension for life at a rate as in paragraph (a) of this subsection pro rata the number of years he served as a judicial officer in relation to the period of fifteen years, and all his allowances in addition to other retirement benefits to which he may be entitled under his terms and conditions of service; and
                                                                                                                                                                                                                                              3. in any case, shall be entitled to such pension and other retirement benefits as may be regulated by an Act of the National Assembly or by a Law of a House of Assembly of a State.
                                                                                                                                                                                                                                              Supreme/ordinary court judge removal

                                                                                                                                                                                                                                              292

                                                                                                                                                                                                                                              Establishment of judicial council
                                                                                                                                                                                                                                              1. in the case of-
                                                                                                                                                                                                                                                1. Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, President of the National Industrial Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate,
                                                                                                                                                                                                                                                2. Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State,

                                                                                                                                                                                                                                                praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;

                                                                                                                                                                                                                                                294

                                                                                                                                                                                                                                                  Every court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof.
                                                                                                                                                                                                                                                Supreme court opinions

                                                                                                                                                                                                                                                Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion:

                                                                                                                                                                                                                                                Provided that it shall not be necessary for the Justices who heard a cause or matter to be present when judgment is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing.

                                                                                                                                                                                                                                                Constitutional interpretation

                                                                                                                                                                                                                                                295

                                                                                                                                                                                                                                                1. Where any question as to the interpretation or application of this Constitution arises in any proceedings in any court of law in any part of Nigeria (other than in the Supreme Court, the Court of Appeal, the Federal High Court or the National Industrial Court or a High Court) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any of the parties to the proceedings so requests, refer the question to the Federal High Court or the National Industrial Court or a High Court having jurisdiction in that part of Nigeria and the Federal High Court or the National Industrial Court or the High Court shall-
                                                                                                                                                                                                                                                  1. if it is of opinion that the question involves a substantial question of law, refer the question to the Court of Appeal; or
                                                                                                                                                                                                                                                  2. if it is of opinion that the question does not involve a substantial question of law, remit the question to the court that made the reference to be disposed of in accordance with such directions as the Federal High Court or the National Industrial Court or the High Court may think fit to give.

                                                                                                                                                                                                                                                  Chapter VIII. Federal Capital Territory, Abuja and General Supplementary Provisions

                                                                                                                                                                                                                                                  Subsidiary unit government

                                                                                                                                                                                                                                                  Part I. Federal Capital Territory, Abuja

                                                                                                                                                                                                                                                  297

                                                                                                                                                                                                                                                  1. There shall be a Federal Capital Territory, Abuja the boundaries of which are as defined in Part II of the First Schedule to this Constitution.
                                                                                                                                                                                                                                                  2. The ownership of all lands comprised in the Federal Capital Territory, Abuja shall vest in the Government of the Federal Republic of Nigeria.
                                                                                                                                                                                                                                                  1. The Federal Capital Territory, Abuja shall be the Capital of the Federation and seat of the Government of the Federation.
                                                                                                                                                                                                                                                  2. The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly-
                                                                                                                                                                                                                                                    1. all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja;
                                                                                                                                                                                                                                                    2. all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and
                                                                                                                                                                                                                                                    3. the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section.
                                                                                                                                                                                                                                                    1. references to the Governor, Deputy Governor and the executive council of a State (howsoever called) were references to the President, Vice-President and the executive council of the Federation (howsoever called) respectively;
                                                                                                                                                                                                                                                    2. references to the Chief Judge and Judges of the High Court of a State were references to the Chief Judge and Judges of the High Court, which is established for the Federal Capital Territory, Abuja by the provisions of this Constitution; and
                                                                                                                                                                                                                                                    3. references to persons, offices and authorities of a State were references to the persons, offices and authorities of the Federation with like status, designations and powers, respectively; and in particular, as if references to the Attorney-General, Commissioners and the Auditor-General for a State were references to the Attorney-General, Ministers and the Auditor-General of the Federation with like status, designations and powers.

                                                                                                                                                                                                                                                    304

                                                                                                                                                                                                                                                    1. There shall be for the Federal Capital Territory, Abuja, a Judicial Service Committee of the Federal Capital Territory, Abuja, the composition and functions of which shall be as provided in Part III of the Third Schedule to this Constitution.
                                                                                                                                                                                                                                                    2. The provisions of sections 154(1) and (3), 155, 156, 157(1) and (2), 158(1) and 159 to 161 of this Constitution shall apply with necessary modifications to the Judicial Service Committee of the Federal Capital Territory, Abuja.

                                                                                                                                                                                                                                                    Part II. Miscellaneous Provisions

                                                                                                                                                                                                                                                    Emergency provisions

                                                                                                                                                                                                                                                    305

                                                                                                                                                                                                                                                    1. Subject to the provisions of this Constitution, the President may by instrument published in the Official Gazette of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof.
                                                                                                                                                                                                                                                    2. The President shall immediately after the publication, transmit copies of the Official Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.
                                                                                                                                                                                                                                                    3. The President shall have power to issue a Proclamation of a state of emergency only when-
                                                                                                                                                                                                                                                      1. the Federation is at war;
                                                                                                                                                                                                                                                      2. the Federation is in imminent danger of invasion or involvement in a state of war;
                                                                                                                                                                                                                                                      3. there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security;
                                                                                                                                                                                                                                                      4. there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger;
                                                                                                                                                                                                                                                      5. there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;
                                                                                                                                                                                                                                                      6. there is any other public danger which clearly constitutes a threat to the existence of the Federation; or
                                                                                                                                                                                                                                                      7. the President receives a request to do so in accordance with the provisions of subsection (4) of this section.

                                                                                                                                                                                                                                                      Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or

                                                                                                                                                                                                                                                      306

                                                                                                                                                                                                                                                      1. Save as otherwise provided in this section, any person who is appointed, elected or otherwise selected to any office established by this Constitution may resign from that office by writing under his hand addressed to the authority or person by whom he was appointed, elected or selected.
                                                                                                                                                                                                                                                      2. The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.
                                                                                                                                                                                                                                                      3. The notice of resignation of the President and of the Vice-President shall respectively be addressed to the President of the Senate and to the President.
                                                                                                                                                                                                                                                      4. On the resignation of the President, the President of the Senate shall forthwith give notice of the resignation to the Speaker of the House of Representatives.
                                                                                                                                                                                                                                                      5. The notice of resignation of the Governor and of the Deputy Governor of a State shall respectively be addressed to the Speaker of the House of Assembly and the Governor of the State.
                                                                                                                                                                                                                                                      6. The notice of resignation of the President of the Senate and of the Speaker of the House of Representatives shall in each case be addressed to the Clerk of the National Assembly, and the notice of resignation of the Speaker of a House of Assembly shall be addressed to the Clerk of the House of Assembly of the State.
                                                                                                                                                                                                                                                      7. The notice of resignation of a member of a legislative house shall be addressed to the President of the Senate or, as the case may require, to the Speaker of the legislative house in question.
                                                                                                                                                                                                                                                      1. Notwithstanding any provisions contained in Chapter IV and subject to sections 131 and 177 of this Constitution, no citizen of Nigeria by registration or under a grant of certificate of naturalisation shall within ten years of such registration or grant, hold any elective or appointive office under this Constitution.
                                                                                                                                                                                                                                                      Head of state immunity

                                                                                                                                                                                                                                                      308

                                                                                                                                                                                                                                                      1. Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section-
                                                                                                                                                                                                                                                        1. no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;
                                                                                                                                                                                                                                                        2. a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and
                                                                                                                                                                                                                                                        3. no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued:

                                                                                                                                                                                                                                                        Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.

                                                                                                                                                                                                                                                        Transitional provisions

                                                                                                                                                                                                                                                        Part III. Transitional Provisions and Savings

                                                                                                                                                                                                                                                        1. Notwithstanding the provisions of Chapter III of this Constitution but subject to section 28 thereof, any person who became a citizen of Nigeria by birth, registration or naturalisation under the provisions of any other Constitution shall continue to be a citizen of Nigeria under this Constitution.

                                                                                                                                                                                                                                                        310

                                                                                                                                                                                                                                                        1. Until the National Assembly or a House of Assembly has exercised its powers to initiate legislation in accordance with the provisions of section 51 or 93 of this Constitution, the Clerk or other staff of a legislative house shall be appointed, as respects each House of the National Assembly by the Federal Civil Service Commission, and as respects a House of Assembly by the State Civil Service Commission.
                                                                                                                                                                                                                                                        2. In exercising its powers under the provisions of this section, the Federal Civil Service Commission shall consult, as appropriate, the President of the Senate or the Speaker of the House of the Representatives, and a State Civil Service Commission shall consult the Speaker of the House of Assembly of the State.

                                                                                                                                                                                                                                                        311

                                                                                                                                                                                                                                                        1. The provisions of this section shall have effect until the National Assembly or a House of Assembly exercises the powers conferred upon it by section 60 or 101 of this Constitution as appropriate.
                                                                                                                                                                                                                                                        2. The Standing Orders of the Senate established under the former Constitution shall apply in relation to the proceedings in the Senate established under this Constitution.
                                                                                                                                                                                                                                                        3. The Standing Orders of the House of Representatives established under the former Constitution shall apply in relation to the proceedings in the House of Representatives established under this Constitution.
                                                                                                                                                                                                                                                        4. The Standing Orders of a House of Assembly established under the former Constitution shall apply in relation to a House of Assembly of a State established under this Constitution.
                                                                                                                                                                                                                                                        5. The Standing Orders of the former legislative houses referred to in subsections (2), (3) and (4) of this section, shall apply in relation to a legislative house with such modifications as may be necessary to bring them into conformity with the provisions of this Constitution.
                                                                                                                                                                                                                                                        6. In this section, the “former Constitution” refers to the Constitution of the Federal Republic of Nigeria 1979.

                                                                                                                                                                                                                                                        312

                                                                                                                                                                                                                                                        1. The electoral commission established for the Federation under any law in force immediately before the date when this section comes into force shall be responsible for performing the functions conferred on the Independent National Electoral Commission established by the provisions of this Constitution.
                                                                                                                                                                                                                                                        2. Any person who before the coming into force of this Constitution was elected to any elective office mentioned in this Constitution in accordance with the provisions of any law in force immediately before the coming into force of this Constitution shall be deemed to have been duly elected to that office under this Constitution.

                                                                                                                                                                                                                                                        Provided that where functions have been transferred under this Constitution from the Government of the Federation to the States and from the States to local government councils the appropriations in respect of such functions shall also be transferred to the States and the local government councils, as the case may require.

                                                                                                                                                                                                                                                        315

                                                                                                                                                                                                                                                        1. Subject to the provisions of this Constitution, an existing law shall have effect with such modifications as may be necessary to bring it into conformity with the provisions of this Constitution and shall be deemed to be-
                                                                                                                                                                                                                                                          1. an Act of the National Assembly to the extent that it is a law with respect to any matter on which the National Assembly is empowered by this Constitution to make laws; and
                                                                                                                                                                                                                                                          2. a Law made by a House of Assembly to the extent that it is a law with respect to any matter on which a House of Assembly is empowered by this Constitution to make laws.
                                                                                                                                                                                                                                                          1. any other existing law;
                                                                                                                                                                                                                                                          2. a Law of a House of Assembly;
                                                                                                                                                                                                                                                          3. an Act of the National Assembly; or
                                                                                                                                                                                                                                                          4. any provision of this Constitution.
                                                                                                                                                                                                                                                          1. “appropriate authority” means-
                                                                                                                                                                                                                                                            1. the President, in relation to the provisions of any law of the Federation,
                                                                                                                                                                                                                                                            2. the Governor of a State, in relation to the provisions of any existing law deemed to be a Law made by the House of Assembly of that State, or
                                                                                                                                                                                                                                                            3. any person appointed by any law to revise or rewrite the laws of the Federation or of a State;
                                                                                                                                                                                                                                                            1. the National Youth Service Corps Decree 1993;
                                                                                                                                                                                                                                                            2. the Public Complaints Commission Act;
                                                                                                                                                                                                                                                            3. the National Security Agencies Act;
                                                                                                                                                                                                                                                            4. the Land Use Act,

                                                                                                                                                                                                                                                            and the provisions of those enactments shall continue to apply and have full effect in accordance with their tenor and to the like extent as any other provisions forming part of this Constitution and shall not be altered or repealed except in accordance with the provisions of section 9(2) of this Constitution.

                                                                                                                                                                                                                                                            316

                                                                                                                                                                                                                                                            1. Any office, court of law or authority which immediately before the date when this section comes into force was established and charged with any function by virtue of any other Constitution or law shall be deemed to have been duly established and shall continue to be charged with such function until other provisions are made, as if the office, court of law or authority was established and charged with the function by virtue of this Constitution or in accordance with the provisions of a law made thereunder.
                                                                                                                                                                                                                                                            2. Any person who immediately before the date when this section comes into force holds office by virtue of any other Constitution or law in force immediately before the date when this section comes into force shall be deemed to be duly appointed to that office by virtue of this Constitution or by any authority by whom appointments to that office fall to be made in pursuance of this Constitution.
                                                                                                                                                                                                                                                            3. Notwithstanding the provisions of subsection (2) of this section, any person holding such office, a member of a court of law or authority, who would have been required to vacate such office, or where his membership of such court of law or authority would have ceased but for the provisions of the said subsection (2) of this section, shall at the expiration of the period prescribed therefor after the date when this section comes into force vacate such office or, as the case may be, his membership of such court of law or authority shall cease, accordingly.
                                                                                                                                                                                                                                                            4. The foregoing provisions of this section are without prejudice to the exercise of such powers as may be conferred by virtue of this Constitution or a law upon any authority or person to make provisions with respect to such matters as may be prescribed or authorised by this Constitution or such law, including the establishment and abolition of offices, courts of law or authorities, and with respect to the appointment of persons to hold offices or to be members of courts of law or authorities and their removal from such offices, courts of law or authorities.
                                                                                                                                                                                                                                                            5. Notwithstanding the provisions of this section, the National Industrial Court Act, 2006 and any office or authority established and charged with any function under the Act, shall be deemed to have been duly established and shall continue to be charged with such function by virtue of this Constitution or in accordance with the provision of a law made thereunder.

                                                                                                                                                                                                                                                            317

                                                                                                                                                                                                                                                            1. Without prejudice to the generality of section 315 of this constitution, any property, right, privilege, liability or obligation which immediately before the date when this section comes into force was vested in, exercisable or enforceable by or against-
                                                                                                                                                                                                                                                              1. the former authority of the Federation as representative or trustee for the benefit of the Federation;
                                                                                                                                                                                                                                                              2. any former authority of a state as representative or trustee for the benefit of the state,

                                                                                                                                                                                                                                                              shall on the date when this section comes into force and without further assurance than the provisions thereof vest in, or become exercisable of enforceable by or against the President and Government of the Federation, and the Governor and Government of the state, as the case may be.

                                                                                                                                                                                                                                                              1. the President and Government of the Federation, and the Governor and Government of a state, shall be deemed, respectively, to be successors to the said former authority of the Federation and former authority of the state in question; and
                                                                                                                                                                                                                                                              2. references in this section to “former authority of the Federation” and “former authority of a state” include references to the former Government of the Federation and the former government of a state, a local government authority or any person who exercised any authority on its behalf.

                                                                                                                                                                                                                                                              Part IV. Interpretation, Citation and Commencement

                                                                                                                                                                                                                                                              318

                                                                                                                                                                                                                                                              1. In this constitution, unless it is otherwise expressly provided or the context otherwise requires-
                                                                                                                                                                                                                                                              2. “Act” or “Act of the National Assembly” means any law made by the National Assembly and includes any law which takes effect under the provisions of this constitution as an Act of the National Assembly;

                                                                                                                                                                                                                                                              “appointment” or its cognate expression includes appointment on promotion and transfer or confirmation of appointment;

                                                                                                                                                                                                                                                              “area council” means each of the administrative areas within the Federal Capital Territory, Abuja; “authority” includes government;

                                                                                                                                                                                                                                                              “belong to” or its grammatical expression when used with reference to a person in a state refers to a person either or whose parents or any of whose grandparents was a member of a community indigenous to that state;

                                                                                                                                                                                                                                                              “civil service of the Federation” means service of the Federation in a civil capacity as staff of the office of the President, the Vice-President, a ministry or department of the government of the Federation assigned with the responsibility for any business of the Government of the Federation;

                                                                                                                                                                                                                                                              “civil service of the state” means service of the government of a state in a civil capacity as staff of the office of the Governor, Deputy Governor or a ministry or department of the government of the state assigned with the responsibility for any business of the government of the state;

                                                                                                                                                                                                                                                              “Code of Conduct” refers to the Code of Conduct contained in the fifth schedule to this constitution;

                                                                                                                                                                                                                                                              “Commissioner” means a Commissioner of the Government of a State;

                                                                                                                                                                                                                                                              “Concurrent Legislative List” means the list of matters set out in the first column in Part II of the second schedule to this constitution with respect to which the National Assembly and a House of Assembly may make laws to the extent prescribed, respectively, opposite thereto in the second column thereof;

                                                                                                                                                                                                                                                              “decision” means, in relation to a court, any determination of that court and includes judgement decree, order, conviction, sentence or recommendation;

                                                                                                                                                                                                                                                              “enactment” means provision of any law or a subsidiary instrument; “Exclusive Legislative List” means the list in Part I of the second schedule to this constitution; “existing law” has the meaning assigned to it in section 315 of this constitution;

                                                                                                                                                                                                                                                              “federal character of Nigeria” refers to the distinctive desire of the peoples of Nigeria to promote national unity, foster national loyalty and give every citizen of Nigeria a sense of belonging to the nation as expressed in section 14(3) and (4) of this constitution;

                                                                                                                                                                                                                                                              “Federation” means the Federal Republic of Nigeria;

                                                                                                                                                                                                                                                              “financial year” means any period of twelve months beginning on the first day of January in any year or such other date as the National Assembly may prescribe;

                                                                                                                                                                                                                                                              “function” includes power and duty;

                                                                                                                                                                                                                                                              “government” includes the Government of the Federation, or of any state, or of a local government council or any person who exercises power of authority on its behalf;

                                                                                                                                                                                                                                                              “Governor” or “Deputy Governor” means the Governor of a state or a Deputy Governor of a state; “House of Assembly” means the House of Assembly of a state;

                                                                                                                                                                                                                                                              “Judicial office” means the office of Chief Justice of Nigeria or a Justice of the Supreme Court, the President or Justice of the Court of Appeal, the office of the Chief Judge or a Judge of the Federal High Court, the office of the President or Judge of the National Industrial Court, the office of the Chief Judge or Judge of the High Court of the Federal Capital Territory, Abuja, the office of the Chief Judge of a State and Judge of the High Court of a State, a Grand Kadi or Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, a President or Judge of the Customary Court of Appeal; of the Federal Capital Territory, Abuja, a Grand Kadi or Kadi of the Sharia Court of Appeal of a State; and a reference to a “judicial officer” is a reference to the holder of any such office;

                                                                                                                                                                                                                                                              “law” means a law enacted by the House of Assembly of a State; “Legislative house” means the Senate, House of Representatives or a House of Assembly; “Local government area” or “local government council” includes an area council;

                                                                                                                                                                                                                                                              “member” when used with reference to any commission or other bodies established by this Constitution, includes the Chairman of that commission or body;

                                                                                                                                                                                                                                                              “Minister” means a Minister of the Government of the Federation;

                                                                                                                                                                                                                                                              “National Assembly” means the Senate and the House of Representatives established by this Constitution;

                                                                                                                                                                                                                                                              “oath” includes affirmation;

                                                                                                                                                                                                                                                              “Oath of Allegiance” means the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution;

                                                                                                                                                                                                                                                              “office” when used with reference to the validity of an election, means any office the appointment to which is by election under this Constitution;

                                                                                                                                                                                                                                                              1. when used with reference to a Senatorial district, means the number obtained by dividing the number of the inhabitants of a State by the number of districts into which that State is divided under section 71 (a) of this Constitution;
                                                                                                                                                                                                                                                              2. when used with reference to a Federal constituency, means the number obtained by dividing the number of the inhabitants of Nigeria by the number of Federal constituencies into which Nigeria is divided under section 71 (b) of this Constitution; and
                                                                                                                                                                                                                                                              3. when used with reference to a State constituency, means the number obtained by dividing the number of the inhabitants of a State by the number of State constituencies into which that State is divided under section 112 of this Constitution;

                                                                                                                                                                                                                                                              “power” includes function and duty;

                                                                                                                                                                                                                                                              “prescribed” means prescribed by or under this Constitution or any other law;

                                                                                                                                                                                                                                                              “President” or “Vice-President” means the President or Vice-President of the Federal Republic of Nigeria;

                                                                                                                                                                                                                                                              “public service of the Federation” means the service of the Federation in any capacity in respect of the Government of the Federation, and includes service as—

                                                                                                                                                                                                                                                              1. Clerk or other staff of the National Assembly or of each House of the National Assembly;
                                                                                                                                                                                                                                                              2. member of staff of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court, the High Court of the Federal Capital Territory, Abuja, the Sharia Court of Appeal of the Federal Capital Territory, Abuja, the Customary Court of Appeal of the Federal Capital Territory, Abuja or other courts established for the Federation by this Constitution and by an Act of the National Assembly;
                                                                                                                                                                                                                                                              3. member or staff of any commission or authority established for the Federation by this Constitution or by an Act of the National Assembly;
                                                                                                                                                                                                                                                              4. staff of any area council;
                                                                                                                                                                                                                                                              5. staff of any statutory corporation established by an Act of the National Assembly;
                                                                                                                                                                                                                                                              6. staff of any educational institution established or financed principally by the Government of the Federation;
                                                                                                                                                                                                                                                              7. staff of any company or enterprise in which the Government of the Federation or its agency owns controlling shares or interest; and
                                                                                                                                                                                                                                                              8. members or officers of the armed forces of the Federation or the Nigeria Police Force or other government security agencies established by law;

                                                                                                                                                                                                                                                              “public service of a State” means the service of the State in any capacity in respect of the Government of the State and includes service as:

                                                                                                                                                                                                                                                              1. Clerk or other staff of the House of Assembly;
                                                                                                                                                                                                                                                              2. member of staff of the High Court, the Sharia Court of Appeal, the Customary Court of Appeal; or other courts established for a State by this Constitution or by a Law of a House of Assembly;
                                                                                                                                                                                                                                                              3. member or staff of any commission or authority established for the State by this Constitution or by a Law of a House of Assembly;
                                                                                                                                                                                                                                                              4. staff of any local government council;
                                                                                                                                                                                                                                                              5. staff of any statutory corporation established by a Law of a House of Assembly;
                                                                                                                                                                                                                                                              6. staff of any educational institution established or financed principally by a government of a State; and
                                                                                                                                                                                                                                                              7. staff of any company or enterprise in which the government of a State or its agency holds controlling shares or interest;

                                                                                                                                                                                                                                                              “School Certificate or its equivalent” means-

                                                                                                                                                                                                                                                              1. a Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or
                                                                                                                                                                                                                                                              2. education up to Secondary School Certificate level; or
                                                                                                                                                                                                                                                              3. Primary Six School Leaving Certificate or its equivalent and-
                                                                                                                                                                                                                                                                1. service in the public or private sector in the Federation in any capacity acceptable to the Independent National Electoral Commission for a minimum of ten years, and
                                                                                                                                                                                                                                                                2. attendance at courses and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totaling up to a minimum of one year, and
                                                                                                                                                                                                                                                                3. the ability to read, write, understand and communicate in the English language to the satisfaction of the Independent National Electoral Commission, and

                                                                                                                                                                                                                                                                “Secret society” includes any society, association, group or body of persons (whether registered or not)-

                                                                                                                                                                                                                                                                1. that uses secret signs, oaths, rites or symbols and which is formed to promote a cause, the purpose or part of the purpose of which is to foster the interest of its members and to aid one another under any circumstances without due regard to merit, fair play or justice to the detriment of the legitimate interest of those who are not members;
                                                                                                                                                                                                                                                                2. the membership of which is incompatible with the function or dignity of any public office under this Constitution and whose members are sworn to observe oaths of secrecy; or
                                                                                                                                                                                                                                                                3. the activities of which are not known to the public at large, the names of whose members are kept secret and whose meetings and other activities are held in secret;

                                                                                                                                                                                                                                                                “State” when used otherwise than in relation to one of the component parts of the Federation, includes government.

                                                                                                                                                                                                                                                                1. This Constitution may be cited as the Constitution of the Federal Republic of Nigeria 1999.
                                                                                                                                                                                                                                                                2. The provision of this Constitution shall come into force on 29th day of May 1999.

                                                                                                                                                                                                                                                                Schedule I

                                                                                                                                                                                                                                                                Part I. States of the Federation

                                                                                                                                                                                                                                                                1. State: Abia

                                                                                                                                                                                                                                                                Local Government Areas: Aba North, Aba South, Arochukwu, Bende, Ikwuano, Isiala-Ngwa North, Isiala-Ngwa South, Isuikwato, Obi Nwa, Ohafia, Osisioma Ngwa, Ugwunagbo, Ukwa East, Ukwa West, Umuahia North, Umuahia South, Umu-Neochi.

                                                                                                                                                                                                                                                                Capital City:Umuahia

                                                                                                                                                                                                                                                                Local Government Areas: Demsa, Fufore, Ganaye, Gireri, Gombi, Guyuk, Hong, Jada, Lamurde, Madagali, Maiha, Mayo-Belwa, Michika, Mubi North, Mubi South, Numan, Shelleng, Song, Toungo, Yola North, Yola South.

                                                                                                                                                                                                                                                                Capital City: Yola

                                                                                                                                                                                                                                                                Local Government Areas: Abak, Eastern Obolo, Eket, Esit Eket, Essien Udim, Etim Ekpo, Etinan, Ibeno, Ibesikpo Asutan, Ibiono Ibom, Ika, Ikono, Ikot Abasi, Ikot Ekpene, Ini, Itu, Mbo, Mkpat Enin, Nsit Atai, Nsit Ibom, Nsit Ubium, Obot Akara, Okobo, Onna, Oron, Oruk Anam, Udung Uko, Ukanafun, Uruan, Urue-Offong/Oruko, Uyo.

                                                                                                                                                                                                                                                                Capital City: Uyo

                                                                                                                                                                                                                                                                Local Government Areas: Aguata, Anambra East, Anambra West, Anaocha, Awka North, Awka South, Ayamelum, Dunukofia, Ekwusigo, Idemili North, Idemili south, Ihiala, Njikoka, Nnewi North, Nnewi South, Ogbaru, Onitsha North, Onitsha South, Orumba North, Orumba South, Oyi.

                                                                                                                                                                                                                                                                Capital City: Awka

                                                                                                                                                                                                                                                                Local Government Areas: Alkaleri, Bauchi, Bogoro, Damban, Darazo, Dass, Ganjuwa, Giade, Itas/Gadau, Jama’are, Katagum, Kirfi, Misau, Ningi, Shira, Tafawa-Balewa, Toro, Warji, Zaki.

                                                                                                                                                                                                                                                                Capital City: Bauchi

                                                                                                                                                                                                                                                                Local Government Areas: Brass, Ekeremor, Kolokuma/Opokuma, Nembe, Ogbia, Sagbama, Southern Ijaw, Yenagoa.

                                                                                                                                                                                                                                                                Capital City: Yenegoa

                                                                                                                                                                                                                                                                Local Government Areas: Ado, Agatu, Apa, Buruku, Gboko, Guma, Gwer East, Gwer West, Katsina-Ala, Konshisha, Kwande, Logo, Makurdi, Obi, Ogbadibo, Oju, Okpokwu, Ohimini, Oturkpo, Tarka, Ukum, Ushongo, Vandeikya.

                                                                                                                                                                                                                                                                Capital City: Makurdi

                                                                                                                                                                                                                                                                Local Government Areas: Abadam, Askira/Uba, Bama, Bayo, Biu, Chibok, Damboa, Dikwa, Gubio, Guzamala, Gwoza, Hawul, Jere, Kaga, Kala/Balge, Konduga, Kukawa, Kwaya Kusar, Mafa, Magumeri, Maiduguri, Marte, Mobbar, Monguno, Ngala, Nganzai, Shani.

                                                                                                                                                                                                                                                                Capital City: Maiduguri

                                                                                                                                                                                                                                                                Local Government Areas: Abi, Akamkpa, Akpabuyo, Bakassi, Bekwara, Biase, Boki, Calabar-Municipal, Calabar South, Etung, Ikom, Obanliku, Obubra, Obudu, Odukpani, Ogoja, Yakurr, Yala.

                                                                                                                                                                                                                                                                Capital City: Calabar

                                                                                                                                                                                                                                                                Local Government Areas: Aniocha North, Aniocha South, Bomadi, Burutu, Ethiope East, Ethiope West, Ika North East, Ika South, Isoko North, Isoko South, Ndokwa East, Ndokwa West, Okpe, Oshimili North, Oshimili South, Patani, Sapele, Udu, Ughelli North, Ughelli South, Ukwuani, Uvwie, Warri North, Warri South, Warri South West.

                                                                                                                                                                                                                                                                Capital City: Asaba

                                                                                                                                                                                                                                                                Local Government Areas: Abakaliki, Afikpo North, Afikpo South, Ebonyi, Ezza North, Ezza South, Ikwo, Ishielu, Ivo, Izzi, Ohaozara, Ohaukwu, Onicha.

                                                                                                                                                                                                                                                                Capital City: Abakaliki

                                                                                                                                                                                                                                                                Local Government Areas: Akoko-Edo, Egor, Esan Central, Esan North East, Esan South East, Esan West, Etsako Central, Etsako East, Etsako West, Igueben, Ikpoba-Okha, Oredo, Orhionmwon, Ovia North East, Ovia South West, Owan East, Owan West, Uhunmwonde.

                                                                                                                                                                                                                                                                Capital City: Benin City

                                                                                                                                                                                                                                                                Local Government Areas: Ado Ekiti, Aiyekire, Efon, Ekiti East, Ekiti South West, Ekiti West, Emure, Idosi-Osi, Ijero, Ikere, Ikole, Ilemeji, Irepodun/Ifelodun, Ise/Orun, Moba, Oye.

                                                                                                                                                                                                                                                                Capital City: Ado Ekiti

                                                                                                                                                                                                                                                                Local Government Areas: Aninri, Awgu, Enugu East, Enugu North, Enugu South, Ezeagu, Igbo-Etiti, Igbo-Eze North, Igbo-Eze South, Isi-Uzo, Nkanu East, Nkanu West, Nsukka, Oji-River, Udenu, Udi, Uzo-Uwani.

                                                                                                                                                                                                                                                                Capital City: Enugu

                                                                                                                                                                                                                                                                Local Government Areas: Akko, Balanga, Billiri, Dukku, Funakaye, Gombe, Kaltungo, Kwami, Nafada, Shomgom, Yamaltu/Deba.

                                                                                                                                                                                                                                                                Capital City: Gombe

                                                                                                                                                                                                                                                                Local Government Areas: Aboh-Mbaise, Ahiazu-Mbaise, Ehime-Mbano, Ezinihitte, Ideato North, Ideato South, Ihitte/Uboma, Ikeduru, Isiala bano, Isu, Mbaitoli, Ngor-Okpala, Njaba, Nwangele, Nkwerre, Obowo, Oguta, Ohaji/Egbema, Okigwe, Orlu, Orsu, Oru East, Oru West, Owerri-Municipal, Owerri North, Owerri West, Unuimo.

                                                                                                                                                                                                                                                                Capital City: Owerri

                                                                                                                                                                                                                                                                Local Government Areas: Auyo, Babura, Birni Kudu, Biriniwa, Buji, Dutse, Gagarawa, Garki, Gumel, Guri, Gwaram, Gwiwa, Hadejia, Jahun, Kafin Hausa, Kaugama Kazaure, Kiri Kasamma, Kiyawa, Maigatari, Malam Madori, Miga, Ringim, Roni, Sule-Tankarkar, Taura, Yankwashi.

                                                                                                                                                                                                                                                                Capital City: Dutse

                                                                                                                                                                                                                                                                Local Government Areas: Birnin-Gwari, Chikun, Giwa, Igabi, Ikara, Jaba, Jema’a, Kachia, Kaduna North, kaduna South, Kagarko, Kajuru, kauru, Kubau, kudan, Lere, Markafi, Sabon-Gari, Sanga, Soba, Zango-Kataf, Zaria.

                                                                                                                                                                                                                                                                Capital City: Kaduna

                                                                                                                                                                                                                                                                Local Government Areas: Ajingi, Albasu, Bagwai, Bebeji, Bichi, Bunkure, Dala, Dambatta, Dawakin Kudu, Dawakin Tofa, Doguwa, Fagge, Gabasawa, Garko, Garum Mallam, Gaya, Gezawa,Gwale, Gwarzo, Kabo, Kano Municipal, Karaye, Kibiya, Kiru, kumbotso, Kunchi, Kura, Madobi, Makoda, Minjibir, Nasarawa, Rano, Rimin Gado, Rogo, Shanono, Sumaila, Takali, Tarauni, Tofa, Tsanyawa, Tudun Wada, Ungogo, Warawa, Wudil.

                                                                                                                                                                                                                                                                Capital City: Kano

                                                                                                                                                                                                                                                                Local Government Areas: Bakori, Batagarawa, Batsari, Baure, Bindawa, Charanchi, Dandume, Danja, Dan Musa, Daura, Dutsi, Dutsin-Ma, Faskari, Funtua, Ingawa, Jibia, Kafur, Kaita, Kankara, Kankia, Katsina, Kurfi, Kusada, Mai’Adua, Malumfashi, Mani, Mashi, Matazuu, Musawa, Rimi, Sabuwa, Safana, Sandamu, Zango.

                                                                                                                                                                                                                                                                Capital City: Katsina

                                                                                                                                                                                                                                                                Local Government Areas: Aleiro, Arewa-Dandi, Argungu, Augie, Bagudo, Birnin Kebbi, Bunza, Dandi, Fakai, Gwandu, Jega, Kalgo, Koko/Besse, Maiyama, Ngaski, Sakaba, Shanga, Suru, Wasagu/Danko, Yauri, Zuru.

                                                                                                                                                                                                                                                                Capital City: Birnin Kebbi

                                                                                                                                                                                                                                                                Local Government Areas: Adavi, Ajaokuta, Ankpa, Bassa, Dekina, Ibaji, Idah, Igalamela-Odolu, Ijumu, Kabba/Bunu, Kogi, Lokoja, Mopa-Muro, Ofu, Ogori/Mangongo, Okehi, Okene, Olamabolo, Omala, Yagba East, Yagba West.

                                                                                                                                                                                                                                                                Capitcal City: Lokoja

                                                                                                                                                                                                                                                                Local Government Areas: Asa, Baruten, Edu, Ekiti, Ifelodun, Ilorin East, Ilorin West, Irepodun, Isin, Kaiama, Moro, Offa, Oke-Ero, Oyun, Pategi.

                                                                                                                                                                                                                                                                Capital City: Ilorin

                                                                                                                                                                                                                                                                Local Government Areas: Agege, Ajeromi-Ifelodun, Alimosho, Amuwo-Odofin, Apapa, Badagry, Epe, Eti-Osa, Ibeju/Lekki, Ifako-Ijaye, Ikeja, Ikorodu, Kosofe, Lagos Island, Lagos Mainland, Mushin, Ojo, Oshodi-Isolo, Shomolu, Surulere.

                                                                                                                                                                                                                                                                Capital City: Ikeja

                                                                                                                                                                                                                                                                Local Government Areas: Akwanga, Awe, Doma, Karu, Keana, Keffi, Kokona, Lafia, Nasarawa, Nasarawa-Eggon, Obi, Toto, Wamba.

                                                                                                                                                                                                                                                                Capital City: Lafia

                                                                                                                                                                                                                                                                Local Government Areas: Agaie, Agwara, Bida, Borgu, Bosso, Chanchaga, Edati, Gbako, Gurara, Katcha, Kontagora, Lapai, Lavun, Magama, Mariga, Mashegu, Mokwa, Muya, Pailoro, Rafi, Rijau, Shiroro, Suleja, Tafa, Wushishi.

                                                                                                                                                                                                                                                                Capital City: Minna

                                                                                                                                                                                                                                                                Local Government Areas: Abeokuta North, Abeokuta South, Ado-Odo/Ota, Egbado North, Egbado South, Ewekoro, Ifo, Ijebu East, Ijebu North, Ijebu North East, Ijebu Ode, Ikenne, Imeko-Afon, Ipokia, Obafemi-Owode, Ogun Waterside, Odeda, Odogbolu, Remo North, Shagamu.

                                                                                                                                                                                                                                                                Capital City: Abeokuta

                                                                                                                                                                                                                                                                Local Government Areas: Akoko North East, Akoko North West, Akoko South Akure East, Akoko South West, Akure North, Akure South, Ese-Odo, Idanre, Ifedore, Ilaje, Ile-Oluji-Okeigbo, Irele, Odigbo, Okitipupa, Ondo East, Ondo West, Ose, Owo.

                                                                                                                                                                                                                                                                Capital City: Akure

                                                                                                                                                                                                                                                                Local Government Areas: Aiyedade, Aiyedire, Atakumosa East, Atakumosa West, Boluwaduro, Boripe, Ede North, Ede South, Egbedore, Ejigbo, Ife Central, Ife East, Ife North, Ife South, Ifedayo, Ifelodun, Ila, Ilesha East, Ilesha West, Irepodun, Irewole, Isokan, Iwo, Obokun, Odo-Otin, Ola-Oluwa, Olorunda, Oriade, Orolu, Osogbo.

                                                                                                                                                                                                                                                                Capital City: Oshogbo

                                                                                                                                                                                                                                                                Local Government Areas: Afijio, Akinyele, Atiba, Atigbo, Egbeda, Ibadan Central, Ibadan North, Ibadan North West, Ibadan South East, Ibadan South West, Ibarapa Central, Ibarapa East, Ibarapa North, Ido, Irepo, Iseyin, Itesiwaju, Iwajowa, Kajola, Lagelu Ogbomosho North, Ogbmosho South, Ogo Oluwa, Olorunsogo, Oluyole, Ona-Ara, Orelope, Ori Ire, Oyo East, Oyo West, Saki East, Saki West, Surulere.

                                                                                                                                                                                                                                                                Capital City: Ibadan

                                                                                                                                                                                                                                                                Local Government Areas: Barikin Ladi, Bassa, Bokkos, Jos East, Jos North, Jos South, Kanam, Kanke, Langtang North, Langtang South, Mangu, Mikang, Pankshin, Qua’an Pan, Riyom, Shendam, Wase.

                                                                                                                                                                                                                                                                Capital City: Jos

                                                                                                                                                                                                                                                                Local Government Areas: Abua/Odual, Ahoada East, Ahoada West, Akuku Toru, Andoni, Asari-Toru, Bonny, Degema, Emohua, Eleme, Etche, Gokana, Ikwerre, Khana, Obia/Akpor, Ogba/Egbema/Ndoni, Ogu/Bolo, Okrika, Omumma, Opobo/Nkoro, Oyigbo, Port-Harcourt, Tai.

                                                                                                                                                                                                                                                                Capital City: Port-Harcourt

                                                                                                                                                                                                                                                                Local Government Areas: Binji, Bodinga, Dange-shnsi, Gada, Goronyo, Gudu, Gawabawa, Illela, Isa, Kware, Kebbe, Rabah, Sabon Birni, Shagari, Silame, Sokoto North, Sokoto South, Tambuwal, Tqngaza, Tureta, Wamako, Wurno, Yabo.

                                                                                                                                                                                                                                                                Capital City: Sokoto

                                                                                                                                                                                                                                                                Local Government Areas: Ardo-Kola, Bali, Donga, Gashaka, Cassol, Ibi, Jalingo, Karin-Lamido, Kurmi, Lau, Sardauna, Takum, Ussa, Wukari, Yorro, Zing.

                                                                                                                                                                                                                                                                Capital City: Jalingo

                                                                                                                                                                                                                                                                Local Government Areas: Bade, Bursari, Damaturu, Fika, Fune, Geidam, Gujba, Gulani, Jakusko, Karasuwa, Karawa, Machina, Nangere, Nguru Potiskum, Tarmua, Yunusari, Yusufari.

                                                                                                                                                                                                                                                                Capital City: Damaturu

                                                                                                                                                                                                                                                                Local Government Areas: Anka, Bakura, Birnin Magaji, Bukkuyum, Bungudu, Gummi, Gusau, Kaura, Namoda, Maradun, Maru, Shinkafi, Talata Mafara, Tsafe, Zurmi.

                                                                                                                                                                                                                                                                Capital City: Gusau

                                                                                                                                                                                                                                                                Part II

                                                                                                                                                                                                                                                                1. Definition of Federal Capital Territory, Abuja

                                                                                                                                                                                                                                                                The definition of the boundaries of the Federal Capital Territory, Abuja referred to under Chapters 1 and VIII of this Constitution is as follows:

                                                                                                                                                                                                                                                                Starting from the village called Izom on 7°E Longitude and 9° 15 Latitude, project a straight line westward to a point just north of Lehu on the Kemi River, then project a line along 6° 47½ ‘E southward passing close to the villages called Semasu, Zui and Bassa down to a place a little west of Abaji town; thence project a line along parallel 8° 27½ ‘N Latitude to Ahinza village 7° 6” (on Kanama River); thence a straight line to Buga Village on 8° 30 ‘N Latitude and 7” 20’E Longitude; thence draw a line northwards joining the villages of Odu, Karshi and Karu. From Karu the line shall proceed along the boundary between the Niger and Plateau States as far as Kawu; thence the line shall proceed along the boundary between Kaduna and Niger States up to a point just north of Bwari village, hence the line goes straight to Zuba village and thence straight to Izom.

                                                                                                                                                                                                                                                                2. Federal Capital Territory, Abuja

                                                                                                                                                                                                                                                                Area Council/Headquarters.

                                                                                                                                                                                                                                                                Schedule II. Legislative Powers

                                                                                                                                                                                                                                                                Part I. Exclusive Legislative List

                                                                                                                                                                                                                                                                1. Accounts of the Government of the Federation, and of offices, courts, and authorities thereof, including audit of those accounts.
                                                                                                                                                                                                                                                                2. Arms, ammunition and explosives.
                                                                                                                                                                                                                                                                3. Aviation, including airports, safety of aircraft and carriage of passengers and goods by air.
                                                                                                                                                                                                                                                                4. Awards of national titles of honour, decorations and other dignities.
                                                                                                                                                                                                                                                                5. Bankruptcy and insolvency.
                                                                                                                                                                                                                                                                6. Banks, banking, bills of exchange and promissory notes.
                                                                                                                                                                                                                                                                7. Borrowing of moneys within or outside Nigeria for the purposes of the Federation or of any State.
                                                                                                                                                                                                                                                                8. Census, including the establishment and maintenance of machinery for continuous and universal registration of births and deaths throughout Nigeria.
                                                                                                                                                                                                                                                                9. Citizenship, naturalisation and aliens.
                                                                                                                                                                                                                                                                10. Commercial and industrial monopolies, combines and trusts.
                                                                                                                                                                                                                                                                11. Construction, alteration and maintenance of such roads as may be declared by the National Assembly to be Federal trunk roads.
                                                                                                                                                                                                                                                                12. Control of capital issues.
                                                                                                                                                                                                                                                                Provisions for intellectual property Power to deport citizens
                                                                                                                                                                                                                                                                1. shipping and navigation on tidal waters;
                                                                                                                                                                                                                                                                2. shipping and navigation on the River Niger and its affluents and on any such other inland waterway as may be designated by the National Assembly to be an international waterway or to be an inter-State waterway;
                                                                                                                                                                                                                                                                3. lighthouses, lightships, beacons and other provisions for the safety of shipping and navigation;
                                                                                                                                                                                                                                                                4. such ports as may be declared by the National Assembly to be Federal ports (including the constitution and powers of port authorities for Federal ports).
                                                                                                                                                                                                                                                                Provisions for intellectual property Telecommunications
                                                                                                                                                                                                                                                                1. to promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in this Constitution;
                                                                                                                                                                                                                                                                2. to identify, collect, preserve or generally look after ancient and historical monuments and records and archaeological sites and remains declared by the National Assembly to be of national significance or national importance;
                                                                                                                                                                                                                                                                3. to administer museums and libraries other than museums and libraries established by the Government of a state;
                                                                                                                                                                                                                                                                4. to regulate tourist traffic; and
                                                                                                                                                                                                                                                                5. to prescribe minimum standards of education at all levels.
                                                                                                                                                                                                                                                                1. trade and commerce between Nigeria and other countries including import of commodities into and export of commodities from Nigeria, and trade and commerce between the states;
                                                                                                                                                                                                                                                                2. establishment of a purchasing authority with power to acquire for export or sale in world markets such agricultural produce as may be designated by the National Assembly;
                                                                                                                                                                                                                                                                3. inspection of produce to be exported from Nigeria and the enforcement of grades and standards of quality in respect of produce so inspected;
                                                                                                                                                                                                                                                                4. establishment of a body to prescribe and enforce standards of goods and commodities offered for sale;
                                                                                                                                                                                                                                                                5. control of the prices of goods and commodities designated by the National Assembly as essential goods or commodities; and
                                                                                                                                                                                                                                                                6. registration of business names.
                                                                                                                                                                                                                                                                Telecommunications , Television , Radio

                                                                                                                                                                                                                                                                Part II. Concurrent Legislative List Extent of Federal and State Legislative Powers

                                                                                                                                                                                                                                                                Extent of Federal and State Legislative Powers.

                                                                                                                                                                                                                                                                1. Subject to the provisions of this Constitution, the National Assembly may by an Act make provisions for-
                                                                                                                                                                                                                                                                  1. the division of public revenue-
                                                                                                                                                                                                                                                                    1. between the Federation and the States;
                                                                                                                                                                                                                                                                    2. among the States of the Federation;
                                                                                                                                                                                                                                                                    3. between the States and local government councils;
                                                                                                                                                                                                                                                                    4. among the local government councils in the States; and
                                                                                                                                                                                                                                                                    1. capital gains, incomes or profits or persons other than companies; and
                                                                                                                                                                                                                                                                    2. documents or transactions by way of stamp duties,

                                                                                                                                                                                                                                                                    the National Assembly may, subject to such conditions as it may prescribe, provide that the collection of any such tax or duty or the administration of the law imposing it shall be carried out by the Government of a State or other authority of a State.

                                                                                                                                                                                                                                                                    Subsidiary unit government
                                                                                                                                                                                                                                                                    1. electricity and the establishment of electric power stations;
                                                                                                                                                                                                                                                                    2. the generation and transmission of electricity in or to any part of the Federation and from one State to another State;
                                                                                                                                                                                                                                                                    3. the regulation of the right of any person or authority to dam up or otherwise interfere with the flow of water from sources in any part of the Federation;
                                                                                                                                                                                                                                                                    4. the participation of the Federation in any arrangement with another country for the generation, transmission and distribution of electricity for any area partly within and partly outside the Federation;
                                                                                                                                                                                                                                                                    5. the regulation of the right of any person or authority to use, work or operate any plant, apparatus, equipment or work designed for the supply or use of electrical energy.
                                                                                                                                                                                                                                                                    1. electricity and the establishment in that State of electric power stations;
                                                                                                                                                                                                                                                                    2. the generation, transmission and distribution of electricity to areas not covered by a national grid system within that State; and
                                                                                                                                                                                                                                                                    3. the establishment within that State of any authority for the promotion and management of electric power stations established by the State.
                                                                                                                                                                                                                                                                    “management” includes maintenance, repairs or replacement;

                                                                                                                                                                                                                                                                    “power station” means an assembly of plant or equipment for the creation or generation of electrical energy; and

                                                                                                                                                                                                                                                                    “transmission” means the supply of electricity from a power station to a sub-station or from one sub-station to another sub-station, and the reference to a “sub-station” herein is a reference to an assembly of plant, machinery or equipment for distribution of electricity.

                                                                                                                                                                                                                                                                    1. preclude a House of Assembly from making provision for a similar authority for that State; or
                                                                                                                                                                                                                                                                    2. authorise the exhibition of a cinematograph film in a State without the sanction of the authority established by the Law of that State for the censorship of such films.
                                                                                                                                                                                                                                                                    1. the health, safety and welfare of persons employed to work in factories, offices or other premises or in inter-State transportation and commerce including the training, supervision and qualification of such persons;
                                                                                                                                                                                                                                                                    2. the regulation of ownership and control of business enterprises throughout the Federation for the purpose of promoting, encouraging or facilitating such ownership and control by citizens of Nigeria;
                                                                                                                                                                                                                                                                    3. the establishment of research centres for agricultural studies; and
                                                                                                                                                                                                                                                                    4. the establishment of institutions and bodies for the promotion or financing of industrial, commercial or agricultural projects.
                                                                                                                                                                                                                                                                    Reference to science Reference to science
                                                                                                                                                                                                                                                                    1. any matter upon which the National Assembly has power to make laws; and
                                                                                                                                                                                                                                                                    2. the organisation of co-ordinated scheme of statistics for the Federation or any part thereof on any matter whether or not it has power to make laws with respect thereto.

                                                                                                                                                                                                                                                                    Part III. Supplemental and Interpretation

                                                                                                                                                                                                                                                                    1. Where by this Schedule the National Assembly is required to designate any matter or thing or to make any declaration, it may do so either by an Act of the National Assembly or by a resolution passed by both Houses of the National Assembly.
                                                                                                                                                                                                                                                                    2. In this Schedule, references to incidental and supplementary matters include, without prejudice to their generality, references to:
                                                                                                                                                                                                                                                                      1. offences;
                                                                                                                                                                                                                                                                      2. the jurisdiction, powers, practice and procedure of courts of law; and
                                                                                                                                                                                                                                                                      3. the acquisition and tenure of land.

                                                                                                                                                                                                                                                                      Schedule III

                                                                                                                                                                                                                                                                      Part I. Federal Executive Bodies

                                                                                                                                                                                                                                                                      A. Code of Conduct Bureau

                                                                                                                                                                                                                                                                      1. The Code of Conduct Bureau shall comprise the following members:
                                                                                                                                                                                                                                                                        1. a Chairman; and
                                                                                                                                                                                                                                                                        2. nine other members,

                                                                                                                                                                                                                                                                        each of whom, at the time of appointment, shall not be less than fifty years of age and subject to the provisions of section 157 of this Constitution shall vacate his office on attaining the age of seventy years.

                                                                                                                                                                                                                                                                        1. receive declarations by public officers made under paragraph 12 of Part I of the Fifth Schedule to this constitution;
                                                                                                                                                                                                                                                                        2. examine the declarations in accordance with the requirements of the Code of Conduct or any law;
                                                                                                                                                                                                                                                                        3. retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe;
                                                                                                                                                                                                                                                                        4. ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct or any law relating thereto;
                                                                                                                                                                                                                                                                        5. receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal;
                                                                                                                                                                                                                                                                        6. appoint, promote, dismiss and exercise disciplinary control over the staff of the Codes of Conduct Bureau in accordance with the provisions of an Act of the National Assembly enacted in that behalf; and
                                                                                                                                                                                                                                                                        7. carry out such other functions as may be conferred upon it by the National Assembly.
                                                                                                                                                                                                                                                                        Advisory bodies to the head of state

                                                                                                                                                                                                                                                                        B. Council of State

                                                                                                                                                                                                                                                                        1. The Council of State shall comprise the following persons:
                                                                                                                                                                                                                                                                          1. the President, who shall be the Chairman;
                                                                                                                                                                                                                                                                          2. the Vice-President, who shall be the Deputy Chairman;
                                                                                                                                                                                                                                                                          3. all former Presidents of the Federation and all former Heads of the Government of the Federation;
                                                                                                                                                                                                                                                                          4. all former Chief Justices of Nigeria;
                                                                                                                                                                                                                                                                          5. the President of the Senate;
                                                                                                                                                                                                                                                                          6. the Speaker of the House of Representatives;
                                                                                                                                                                                                                                                                          7. all the Governors of the states of the Federation; and
                                                                                                                                                                                                                                                                          8. the Attorney-General of the Federation.
                                                                                                                                                                                                                                                                          Electoral commission Establishment of judicial council

                                                                                                                                                                                                                                                                          C. Federal Character Commission

                                                                                                                                                                                                                                                                          7

                                                                                                                                                                                                                                                                          1. The Federal Character Commission shall comprise the following members:
                                                                                                                                                                                                                                                                            1. a Chairman; and
                                                                                                                                                                                                                                                                            2. one person to represent each of the states of the Federation and the Federal Capital Territory, Abuja.

                                                                                                                                                                                                                                                                            8

                                                                                                                                                                                                                                                                            1. In giving effect to the provisions of section 14(3) and (4) of this Constitution, the Commission shall have the power to:
                                                                                                                                                                                                                                                                              1. work out an equitable formula subject to the approval of the National Assembly for the distribution of all cadres of posts in the public service of the Federation and of the States, the armed forces of the Federation, the Nigeria Police Force and other government security agencies, government owned companies and parastatals of the states;
                                                                                                                                                                                                                                                                              2. promote, monitor and enforce compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government;
                                                                                                                                                                                                                                                                              3. take such legal measures, including the prosecution of the head or staff of any Ministry or government body or agency which fails to comply with any federal character principle or formula prescribed or adopted by the Commission; and
                                                                                                                                                                                                                                                                              4. carry out such other functions as may be conferred upon it by an Act of the National Assembly.
                                                                                                                                                                                                                                                                              1. It shall be the duty of the Board of Directors of every state-owned enterprise to recognise and promote the principle of federal character in the ownership and management structure of the company.

                                                                                                                                                                                                                                                                              D. Federal Civil Service Commission

                                                                                                                                                                                                                                                                              1. The Federal Civil Service Commission shall comprise the following members-
                                                                                                                                                                                                                                                                                1. a Chairman; and
                                                                                                                                                                                                                                                                                2. not more than fifteen other members,

                                                                                                                                                                                                                                                                                who shall, in the opinion of the President, be persons of unquestionable integrity and sound political judgment.

                                                                                                                                                                                                                                                                                11

                                                                                                                                                                                                                                                                                1. The Commission shall without prejudice to the powers vested in the President, the National Judicial Council, the Federal Judicial Service Commission, the National Population Commission and the Police Service Commission, have power-
                                                                                                                                                                                                                                                                                  1. to appoint persons to offices in the Federal Civil Service; and
                                                                                                                                                                                                                                                                                  2. to dismiss and exercise disciplinary control over persons holding such offices.
                                                                                                                                                                                                                                                                                  Establishment of judicial council

                                                                                                                                                                                                                                                                                  E. Federal Judicial Service Commission

                                                                                                                                                                                                                                                                                  1. The Federal Judicial Service Commission shall comprise the following members-
                                                                                                                                                                                                                                                                                    1. the Chief Justice of Nigeria, who shall be the Chairman;
                                                                                                                                                                                                                                                                                    2. the President of the Court of Appeal;
                                                                                                                                                                                                                                                                                    3. the Attorney-General of the Federation;
                                                                                                                                                                                                                                                                                    4. the Chief Judge of the Federal High Court;
                                                                                                                                                                                                                                                                                    5. the President of the National Industrial Court;
                                                                                                                                                                                                                                                                                    6. two persons, each of whom has been qualified to practice as a legal practitioner in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified and recommended by the Nigerian Bar Association; and
                                                                                                                                                                                                                                                                                    7. two other persons, not being legal practitioners, who in the opinion of the President are of unquestionable integrity.
                                                                                                                                                                                                                                                                                    1. advise the National Judicial Council in nominating persons for appointment, as respects appointments to the office of-
                                                                                                                                                                                                                                                                                      1. the Chief Justice of Nigeria;
                                                                                                                                                                                                                                                                                      2. a Justice of the Supreme Court;
                                                                                                                                                                                                                                                                                      3. the President of the Court of Appeal;
                                                                                                                                                                                                                                                                                      4. a Justice of the Court of Appeal;
                                                                                                                                                                                                                                                                                      5. the Chief Judge of the Federal High Court;
                                                                                                                                                                                                                                                                                      6. a Judge of the Federal High Court; and
                                                                                                                                                                                                                                                                                      7. the President of the National Industrial Court;
                                                                                                                                                                                                                                                                                      8. a Judge of the National Industrial Court, and
                                                                                                                                                                                                                                                                                      9. the Chairman and members of the Code of Conduct Tribunal;
                                                                                                                                                                                                                                                                                      Electoral commission

                                                                                                                                                                                                                                                                                      F. Independent National Electoral Commission

                                                                                                                                                                                                                                                                                      14

                                                                                                                                                                                                                                                                                      1. The Independent National Electoral Commission shall comprise the following members-
                                                                                                                                                                                                                                                                                        1. a chairman, who shall be the Chief Electoral Commissioner; and
                                                                                                                                                                                                                                                                                        2. twelve other members to be known as National Electoral Commissioners.
                                                                                                                                                                                                                                                                                        1. be non-partisan and a person of unquestionable integrity; and
                                                                                                                                                                                                                                                                                        2. be not less than 40 years of age in the case of the Chairman and not less than 35 years of age in the case of the National Commissioners.
                                                                                                                                                                                                                                                                                        1. be appointed by the President subject to confirmation by the Senate;
                                                                                                                                                                                                                                                                                        2. be a person of unquestionable integrity and shall not be a member of any political party; and
                                                                                                                                                                                                                                                                                        3. not be less than 35 years of age.
                                                                                                                                                                                                                                                                                        1. The Commission shall have power to-
                                                                                                                                                                                                                                                                                          1. organise, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation;
                                                                                                                                                                                                                                                                                          2. register political parties in accordance with the provisions of this Constitution and an Act of the National Assembly;
                                                                                                                                                                                                                                                                                          3. monitor the organisation and operation of the political parties, including their finances, conventions, congresses and party primaries;
                                                                                                                                                                                                                                                                                          4. arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a report on such examination and audit for public information;
                                                                                                                                                                                                                                                                                          5. arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this Constitution;
                                                                                                                                                                                                                                                                                          6. monitor political campaigns and provide rules and regulations which shall govern the political parties;
                                                                                                                                                                                                                                                                                          7. ensure that all Electoral Commissioners, Electoral and Returning Officers take and subscribe the Oath of Office prescribed by law;
                                                                                                                                                                                                                                                                                          8. delegate any of its powers to any Resident Electoral Commissioner; and
                                                                                                                                                                                                                                                                                          9. carry out such other functions as may be conferred upon it by an Act of the National Assembly.
                                                                                                                                                                                                                                                                                          Advisory bodies to the head of state

                                                                                                                                                                                                                                                                                          G. National Defence Council

                                                                                                                                                                                                                                                                                          1. The National Defence Council shall comprise the following members-
                                                                                                                                                                                                                                                                                            1. the President who shall be the Chairman;
                                                                                                                                                                                                                                                                                            2. the Vice-President who shall be the Deputy Chairman;
                                                                                                                                                                                                                                                                                            3. the Minister of the Government of the Federation responsible for defence;
                                                                                                                                                                                                                                                                                            4. the Chief of Defence Staff;
                                                                                                                                                                                                                                                                                            5. the Chief of Army Staff;
                                                                                                                                                                                                                                                                                            6. the Chief of Naval Staff;
                                                                                                                                                                                                                                                                                            7. the Chief of Air Staff; and
                                                                                                                                                                                                                                                                                            8. such other members as the President may appoint.

                                                                                                                                                                                                                                                                                            H. National Economic Council

                                                                                                                                                                                                                                                                                            1. The National Economic Council shall comprise the following members-
                                                                                                                                                                                                                                                                                              1. the Vice-President who shall be the Chairman;
                                                                                                                                                                                                                                                                                              2. the Governor of each State of the Federation; and
                                                                                                                                                                                                                                                                                              Central bank Establishment of judicial council

                                                                                                                                                                                                                                                                                              I. National Judicial Council

                                                                                                                                                                                                                                                                                              1. The National Judicial Council shall comprise the following members-
                                                                                                                                                                                                                                                                                                1. the Chief Justice of Nigeria who shall be the Chairman;
                                                                                                                                                                                                                                                                                                2. the next most senior Justice of the Supreme Court who shall be the Deputy Chairman;
                                                                                                                                                                                                                                                                                                3. the President of the Court of Appeal;
                                                                                                                                                                                                                                                                                                4. five retired Justices selected by the Chief Justice of Nigeria from the Supreme Court or Court of Appeal;
                                                                                                                                                                                                                                                                                                5. the Chief Judge of the Federal High Court;
                                                                                                                                                                                                                                                                                                6. the President of the National Industrial Court;
                                                                                                                                                                                                                                                                                                7. five Chief Judges of States to be appointed by the Chief Justice of Nigeria from among the Chief Judges of the States and of the High Court of the Federal Capital Territory, Abuja in rotation to serve for two years;
                                                                                                                                                                                                                                                                                                8. one Grand Kadi to be appointed by the Chief Justice of Nigeria from among Grand Kadis of the Sharia Courts of Appeal to serve in rotation for two years;
                                                                                                                                                                                                                                                                                                9. one President of the Customary Court of Appeal to be appointed by the Chief Justice of Nigeria from among the Presidents of the Customary Courts of Appeal to serve in rotation for two years;
                                                                                                                                                                                                                                                                                                10. five members of the Nigerian Bar Association who have been qualified to practice for a period of not less than fifteen years, at least one of whom shall be a Senior Advocate of Nigeria, appointed by the Chief Justice of Nigeria on the recommendation of the National Executive Committee of the Nigerian Bar Association to serve for two years and subject to re-appointment:

                                                                                                                                                                                                                                                                                                Provided that the five members shall sit in the Council only for the purposes of considering the names of persons for appointment to the superior courts of record; and

                                                                                                                                                                                                                                                                                                1. recommend to the President from among the list of persons submitted to it by-
                                                                                                                                                                                                                                                                                                  1. the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, the President and Judges of the National Industrial Court, and
                                                                                                                                                                                                                                                                                                  2. the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
                                                                                                                                                                                                                                                                                                  Supreme/ordinary court judge removal Supreme/ordinary court judge removal

                                                                                                                                                                                                                                                                                                  J. National Population Commission

                                                                                                                                                                                                                                                                                                  1. The National Population Commission shall comprise the following members-
                                                                                                                                                                                                                                                                                                    1. a Chairman; and
                                                                                                                                                                                                                                                                                                    2. one person from each State of the Federation and the Federal Capital Territory, Abuja.
                                                                                                                                                                                                                                                                                                    1. undertake periodical enumeration of population through sample surveys, censuses or otherwise;
                                                                                                                                                                                                                                                                                                    2. establish and maintain a machinery for continuous and universal registration of births and deaths throughout the Federation;
                                                                                                                                                                                                                                                                                                    3. advise the President on population matters;
                                                                                                                                                                                                                                                                                                    4. publish and provide information and data on population for the purpose of facilitating economic and development planning; and
                                                                                                                                                                                                                                                                                                    5. appoint and train or arrange for the appointment and training of enumerators or the staff of the Commission.
                                                                                                                                                                                                                                                                                                    Advisory bodies to the head of state

                                                                                                                                                                                                                                                                                                    K. National Security Council

                                                                                                                                                                                                                                                                                                    1. The National Security Council shall comprise the following members-
                                                                                                                                                                                                                                                                                                      1. the President who shall be the Chairman;
                                                                                                                                                                                                                                                                                                      2. the Vice-President who shall be the Deputy Chairman;
                                                                                                                                                                                                                                                                                                      3. the Chief of Defence Staff;
                                                                                                                                                                                                                                                                                                      4. the Minister of the Government of the Federation charged with the responsibility for internal affairs;
                                                                                                                                                                                                                                                                                                      5. the Minister of the Government of the Federation charged responsibility for defence;
                                                                                                                                                                                                                                                                                                      6. the Minister of the Government of the Federation charged with the responsibility for foreign affairs;
                                                                                                                                                                                                                                                                                                      7. the National Security Adviser;
                                                                                                                                                                                                                                                                                                      8. the Inspector-General of Police; and
                                                                                                                                                                                                                                                                                                      9. such other persons as the President may in his discretion appoint.

                                                                                                                                                                                                                                                                                                      L. Nigeria Police Council

                                                                                                                                                                                                                                                                                                      1. The Nigeria Police Council shall comprise the following members-
                                                                                                                                                                                                                                                                                                        1. the President who shall be the Chairman;
                                                                                                                                                                                                                                                                                                        2. the Governor of each State of the Federation;
                                                                                                                                                                                                                                                                                                        3. the Chairman of the Police Service Commission; and
                                                                                                                                                                                                                                                                                                        4. the Inspector-General of Police.
                                                                                                                                                                                                                                                                                                        1. the organisation and administration of the Nigeria Police Force and all other matters relating thereto (not being matters relating to the use and operational control of the Force or the appointment, disciplinary control and dismissal of members of the Force);
                                                                                                                                                                                                                                                                                                        2. the general supervision of the Nigeria Police Force; and
                                                                                                                                                                                                                                                                                                        3. advising the President on the appointment of the Inspector-General of Police.

                                                                                                                                                                                                                                                                                                        M. Police Service Commission

                                                                                                                                                                                                                                                                                                        1. The Police Service Commission shall comprise the following members-
                                                                                                                                                                                                                                                                                                          1. a Chairman; and
                                                                                                                                                                                                                                                                                                          2. such number of other persons, not less than seven but not more than nine, as may be prescribed by an Act of the National Assembly.
                                                                                                                                                                                                                                                                                                          1. appoint persons to offices (other than office of the Inspector-General of Police) in the Nigeria Police Force; and
                                                                                                                                                                                                                                                                                                          2. dismiss and exercise disciplinary control over persons holding any office referred to in sub-paragraph (a) of this paragraph.

                                                                                                                                                                                                                                                                                                          N. Revenue Mobilisation Allocation and Fiscal Commission

                                                                                                                                                                                                                                                                                                          1. The Revenue Mobilisation Allocation and Fiscal Commission shall comprise the following members-
                                                                                                                                                                                                                                                                                                            1. a Chairman; and
                                                                                                                                                                                                                                                                                                            2. one member from each State of the Federation and the Federal Capital Territory, Abuja who in the opinion of the President are persons of unquestionable integrity with requisite qualifications and experience.

                                                                                                                                                                                                                                                                                                            Provided that any revenue formula which has been accepted by an Act of the National Assembly shall remain in force for a period of not less than five years from the date of commencement of the Act;

                                                                                                                                                                                                                                                                                                            Part II. State’s Executive Bodies (Established by section 197

                                                                                                                                                                                                                                                                                                            A. State Civil Service Commission

                                                                                                                                                                                                                                                                                                            1. A State Civil Service Commission shall comprise the following members-
                                                                                                                                                                                                                                                                                                              1. a Chairman; and
                                                                                                                                                                                                                                                                                                              2. not less than two and not more than four other persons,

                                                                                                                                                                                                                                                                                                              who shall, in the opinion of the Governor, be persons of unquestionable integrity and sound political judgment.

                                                                                                                                                                                                                                                                                                              2

                                                                                                                                                                                                                                                                                                              1. The Commission shall have power without prejudice to the powers vested in the Governor and the State Judicial Service Commission to-
                                                                                                                                                                                                                                                                                                                1. appoint persons to offices in the State civil service; and
                                                                                                                                                                                                                                                                                                                2. dismiss and exercise disciplinary control over persons holding such offices.

                                                                                                                                                                                                                                                                                                                B. State Independent Electoral Commission

                                                                                                                                                                                                                                                                                                                1. A State Independent Electoral Commission shall comprise the following members-
                                                                                                                                                                                                                                                                                                                  1. a Chairman; and
                                                                                                                                                                                                                                                                                                                  2. not less than five but not more than seven other persons.
                                                                                                                                                                                                                                                                                                                  1. to organise, undertake and supervise all elections to local government councils within the State;
                                                                                                                                                                                                                                                                                                                  2. to render such advice as it may consider necessary to the Independent National Electoral Commission on the compilation of and the register of voters in so far as that register is applicable to local government elections in the State.

                                                                                                                                                                                                                                                                                                                  C. State Judicial Service Commission

                                                                                                                                                                                                                                                                                                                  1. A State Judicial Service Commission shall comprise the following members-
                                                                                                                                                                                                                                                                                                                    1. the Chief Judge of the State, who shall be the Chairman;
                                                                                                                                                                                                                                                                                                                    2. the Attorney General of the State;
                                                                                                                                                                                                                                                                                                                    3. the Grand Kadi of the Sharia Court of Appeal of the State, if any;
                                                                                                                                                                                                                                                                                                                    4. the President of the Customary Court of Appeal of the State, if any;
                                                                                                                                                                                                                                                                                                                    5. two members, who are legal practitioners, and who have been qualified to practice as legal practitioners in Nigeria for not less than ten years; and
                                                                                                                                                                                                                                                                                                                    6. two other persons, not being legal practitioners, who in the opinion of the Governor are of unquestionable integrity.
                                                                                                                                                                                                                                                                                                                    1. advise the National Judicial Council on suitable persons for nomination to the office of-
                                                                                                                                                                                                                                                                                                                      1. the Chief Judge of the State,
                                                                                                                                                                                                                                                                                                                      2. the Grand Kadi of the Sharia Court of Appeal of the State, if any,
                                                                                                                                                                                                                                                                                                                      3. the President of the Customary Court of Appeal of the State, if any,
                                                                                                                                                                                                                                                                                                                      4. Judges of the High Court of the State,
                                                                                                                                                                                                                                                                                                                      5. Kadis of the Sharia Court of Appeal of the State, if any, and
                                                                                                                                                                                                                                                                                                                      6. Judges of the Customary Court of Appeal of the State, if any;

                                                                                                                                                                                                                                                                                                                      Part III. Federal Capital Territory, Abuja Executive Body (Established under Section 304) Judicial Service Committee of the Federal Capital Territory, Abuja

                                                                                                                                                                                                                                                                                                                      Judicial Service Committee of the Federal Capital Territory Abuja

                                                                                                                                                                                                                                                                                                                      1. The Judicial Service Committee of the Federal Capital Territory, Abuja shall comprise the following members-
                                                                                                                                                                                                                                                                                                                        1. the Chief Judge of the Federal Capital Territory, Abuja who shall be the Chairman;
                                                                                                                                                                                                                                                                                                                        2. the Attorney-General of the Federation;
                                                                                                                                                                                                                                                                                                                        3. the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja;
                                                                                                                                                                                                                                                                                                                        4. the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
                                                                                                                                                                                                                                                                                                                        5. one person who is a legal practitioner and who has been qualified to practice as a legal practitioner in Nigeria for a period of not less than twelve years; and
                                                                                                                                                                                                                                                                                                                        6. one other person, not being practitioner, who in the opinion of the President is of unquestionable integrity.
                                                                                                                                                                                                                                                                                                                        1. to recommend to the National Judicial Council suitable persons for nomination for appointment to the office of-
                                                                                                                                                                                                                                                                                                                          1. the Chief Judge of the Federal Capital Territory, Abuja,
                                                                                                                                                                                                                                                                                                                          2. a Judge of the High Court of the Federal Capital Territory, Abuja,
                                                                                                                                                                                                                                                                                                                          3. the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja,
                                                                                                                                                                                                                                                                                                                          4. the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja,
                                                                                                                                                                                                                                                                                                                          5. a Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja,
                                                                                                                                                                                                                                                                                                                          6. a Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
                                                                                                                                                                                                                                                                                                                          Municipal government

                                                                                                                                                                                                                                                                                                                          Schedule IV. Functions of a Local Government Council

                                                                                                                                                                                                                                                                                                                          1. The main functions of a local government council are as follows:
                                                                                                                                                                                                                                                                                                                            1. the consideration and the making of recommendations to a State commission on economic planning or any similar body on-
                                                                                                                                                                                                                                                                                                                              1. the economic development of the State, particularly in so far as the areas of authority of the council and of the State are affected, and
                                                                                                                                                                                                                                                                                                                              2. proposals made by the said commission or body;
                                                                                                                                                                                                                                                                                                                              Radio , Television , Telecommunications
                                                                                                                                                                                                                                                                                                                              1. out-door advertising and hoarding,
                                                                                                                                                                                                                                                                                                                              2. movement and keeping of pets of all description,
                                                                                                                                                                                                                                                                                                                              3. shops and kiosks,
                                                                                                                                                                                                                                                                                                                              4. restaurants, bakeries and other places for sale of food to the public,
                                                                                                                                                                                                                                                                                                                              5. laundries, and
                                                                                                                                                                                                                                                                                                                              6. licensing, regulation and control of the sale of liquor.
                                                                                                                                                                                                                                                                                                                              1. the provision and maintenance of primary, adult and vocational education;
                                                                                                                                                                                                                                                                                                                              2. the development of agriculture and natural resources, other than the exploitation of materials;
                                                                                                                                                                                                                                                                                                                              3. the provision and maintenance of health services; and
                                                                                                                                                                                                                                                                                                                              4. such other functions as may be conferred on a local government council by the House of Assembly of the State.

                                                                                                                                                                                                                                                                                                                              Schedule V

                                                                                                                                                                                                                                                                                                                              Part I. Code of Conduct for Public Officers

                                                                                                                                                                                                                                                                                                                              General

                                                                                                                                                                                                                                                                                                                              1. A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.
                                                                                                                                                                                                                                                                                                                              2. Without prejudice to the generality of the foregoing paragraph, a public officer shall not-
                                                                                                                                                                                                                                                                                                                                1. receive or be paid the emoluments of any public office at the same time as he receives or is paid the emoluments of any other public office; or
                                                                                                                                                                                                                                                                                                                                2. except where he is not employed on full time basis, engage or participate in the management or running of any private business, profession or trade but nothing in this sub-paragraph shall prevent a public officer from engaging in farming.

                                                                                                                                                                                                                                                                                                                                4

                                                                                                                                                                                                                                                                                                                                1. A public officer shall not, after his retirement from public service and while receiving pension from public funds, accept more than one remuneration position as chairman, director or employee of-
                                                                                                                                                                                                                                                                                                                                  1. a company owned or controlled by the government; or
                                                                                                                                                                                                                                                                                                                                  2. any public authority.

                                                                                                                                                                                                                                                                                                                                  5

                                                                                                                                                                                                                                                                                                                                  1. Retired public officers who have held offices to which this paragraph applies are prohibited from service or employment in foreign companies or foreign enterprises.
                                                                                                                                                                                                                                                                                                                                  2. This paragraph applies to the offices of President, Vice-President, Chief Justice of Nigeria, Governor and Deputy Governor of a State.

                                                                                                                                                                                                                                                                                                                                  6

                                                                                                                                                                                                                                                                                                                                  1. A public officer shall not ask for or accept property or benefits of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties.
                                                                                                                                                                                                                                                                                                                                  2. For the purposes of sub-paragraph (1) of this paragraph, the receipt by a public officer of any gifts or benefits from commercial firms, business enterprises or persons who have contracts with the government shall be presumed to have been received in contravention of the said sub-paragraph unless the contrary is proved.
                                                                                                                                                                                                                                                                                                                                  3. A public officer shall only accept personal gifts or benefits from relatives or personal friends to such extent and on such occasions as are recognised by custom:

                                                                                                                                                                                                                                                                                                                                  Provided that any gift or donation to a public officer on any public or ceremonial occasion shall be treated as a gift to the appropriate institution represented by the public officer, and accordingly, the mere acceptance or receipt of any such gift shall not be treated as a contravention of this provision.

                                                                                                                                                                                                                                                                                                                                  1. a loan, except from government or its agencies, a bank, building society, mortgage institution or other financial institution recognised by law; and
                                                                                                                                                                                                                                                                                                                                  2. any benefit of whatever nature from any company, contractor, or businessman, or the nominee or agent of such person:

                                                                                                                                                                                                                                                                                                                                  Provided that the head of a public corporation or of a university or other parastatal organisation may, subject to the rules and regulations of the body, accept a loan from such body.

                                                                                                                                                                                                                                                                                                                                  11

                                                                                                                                                                                                                                                                                                                                  Earnings disclosure requirement
                                                                                                                                                                                                                                                                                                                                  1. at the end of every four years; and
                                                                                                                                                                                                                                                                                                                                  2. at the end of his term of office,

                                                                                                                                                                                                                                                                                                                                  submit to the Code of Conduct Bureau a written declaration of all his properties, assets, and liabilities and those of his unmarried children under the age of eighteen years.

                                                                                                                                                                                                                                                                                                                                  1. members of legislative houses shall be exempt from the provisions of paragraph 4 of this Code; and
                                                                                                                                                                                                                                                                                                                                  2. the National Assembly may by law exempt any cadre of public officers from the provisions of paragraphs 4 and 11 of this Code if it appears to it that their position in the public service is below the rank which it considers appropriate for the application of those provisions. Code of Conduct Tribunal

                                                                                                                                                                                                                                                                                                                                  Code of Conduct Tribunal

                                                                                                                                                                                                                                                                                                                                  15

                                                                                                                                                                                                                                                                                                                                  1. There shall be established a tribunal to be known as Code of Conduct Tribunal which shall consist of a Chairman and two other persons.
                                                                                                                                                                                                                                                                                                                                  2. The Chairman shall be a person who has held or is qualified to hold office as a Judge of a Court of record in Nigeria and shall receive such remuneration as may be prescribed by law.
                                                                                                                                                                                                                                                                                                                                  Establishment of judicial council

                                                                                                                                                                                                                                                                                                                                  16

                                                                                                                                                                                                                                                                                                                                  1. The tenure of office of the staff of the Code of Conduct Tribunal shall, subject to the provisions of this Code, be the same as that provided for in respect of officers in the civil service of the Federation.
                                                                                                                                                                                                                                                                                                                                  2. The power to appoint the staff of the Code of Conduct Tribunal and to exercise disciplinary control over them shall vest in the members of the Code of Conduct Tribunal and shall be exercisable in accordance with the provisions of an Act of the National Assembly enacted in that behalf.

                                                                                                                                                                                                                                                                                                                                  17

                                                                                                                                                                                                                                                                                                                                  1. Subject to the provisions of this paragraph, a person holding the office of Chairman or member of the Code of Conduct Tribunal shall vacate his office when he attains the age of seventy years.
                                                                                                                                                                                                                                                                                                                                  2. A person who has held office as Chairman or member of the Code of Conduct Tribunal for a period of not less than ten years shall, if he retires at the age of seventy years, be entitled to pension for life at a rate equivalent to his last annual salary in addition to other retirement benefits to which he may be entitled.
                                                                                                                                                                                                                                                                                                                                  3. A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by two-thirds majority of each House of the National Assembly praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Code.
                                                                                                                                                                                                                                                                                                                                  4. A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from office before retiring age save in accordance with the provisions of this Code.

                                                                                                                                                                                                                                                                                                                                  18

                                                                                                                                                                                                                                                                                                                                  1. Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of this Code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this paragraph and such other punishment as may be prescribed by the National Assembly.
                                                                                                                                                                                                                                                                                                                                  2. The punishment which the Code of Conduct Tribunal may impose shall include any of the following-
                                                                                                                                                                                                                                                                                                                                    1. vacation of office or seat in any legislative house, as the case may be;
                                                                                                                                                                                                                                                                                                                                    2. disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and
                                                                                                                                                                                                                                                                                                                                    3. seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

                                                                                                                                                                                                                                                                                                                                    Interpretation

                                                                                                                                                                                                                                                                                                                                    1. In this Code, unless the context otherwise requires–
                                                                                                                                                                                                                                                                                                                                    2. “assets” includes any property, movable and immovable and incomes owned by a person;

                                                                                                                                                                                                                                                                                                                                    “business” means any profession, vocation, trade, or any adventure or concern in the nature of trade and excludes farming;

                                                                                                                                                                                                                                                                                                                                    “child” includes a step-child, a lawfully adopted child, a child born out of wedlock and any child to whom any individual stands in place of a parent;

                                                                                                                                                                                                                                                                                                                                    “emolument” means any salary, wage, over-time or leave pay, commission, fee, bonus, gratuity, benefit, advantage (whether or not that advantage is capable of being turned into money or money’s worth), allowance, pension or annuity paid, given or granted in respect of any employment or office;

                                                                                                                                                                                                                                                                                                                                    "foreign companies" or "foreign enterprises" means companies or enterprises in which the controlling shares are owned by persons other than the Government, its agencies or citizens of Nigeria or whose policies are determined by persons or organisations outside Nigeria;

                                                                                                                                                                                                                                                                                                                                    “liabilities” includes responsibilities according to law to satisfy a debt, duty or obligation quantifiable in monetary value, instant and contingent;

                                                                                                                                                                                                                                                                                                                                    “misconduct” means breach of the Oath of Allegiance or oath of office of a member or breach of the provisions of this Constitution or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets and liabilities;

                                                                                                                                                                                                                                                                                                                                    “public office” means a person holding any of the offices specified in Part II of this Schedule; and

                                                                                                                                                                                                                                                                                                                                    “public office” shall not include the chairmanship or membership of ad hoc tribunals, commissions or committees.

                                                                                                                                                                                                                                                                                                                                    Part II. Public Officers for the Purposes of the Code of Conduct

                                                                                                                                                                                                                                                                                                                                    1. The President of the Federation.
                                                                                                                                                                                                                                                                                                                                    2. The Vice-President of the Federation.
                                                                                                                                                                                                                                                                                                                                    3. The President and Deputy President of the Senate Speakers and Deputy Speaker of the House of Representatives and Speakers and Deputy Speakers of Houses of Assembly of States, and all members and staff of legislative houses.
                                                                                                                                                                                                                                                                                                                                    4. Governors and Deputy Governors of States.
                                                                                                                                                                                                                                                                                                                                    5. Chief Justice of Nigeria, Justices of the Supreme Court, President and Justices of the Court of Appeal, all other judicial officers and all staff of courts of law.
                                                                                                                                                                                                                                                                                                                                    6. Attorney-General of the Federation and Attorney-General of each State.
                                                                                                                                                                                                                                                                                                                                    7. Ministers of the Government of the Federation and Commissioners of the Governments of the States.
                                                                                                                                                                                                                                                                                                                                    8. Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff, Chief of Air Staff and all members of the armed forces of the Federation.
                                                                                                                                                                                                                                                                                                                                    9. Inspector-General of Police, Deputy Inspector-General of Police and all members of the Nigeria Police Force and other government security agencies established by law.
                                                                                                                                                                                                                                                                                                                                    10. Secretary to the Government of the Federation, Head of the Civil service, Permanent Secretaries, Directors-Generals and all other persons in the civil service of the Federation or of the State.
                                                                                                                                                                                                                                                                                                                                    11. Ambassadors, High Commissioners and other officers of Nigeria Missions abroad.
                                                                                                                                                                                                                                                                                                                                    12. Chairman, members and staff of the Code of Conduct Bureau and Code of Conduct Tribunal.
                                                                                                                                                                                                                                                                                                                                    13. Chairman, members and staff of local government councils.
                                                                                                                                                                                                                                                                                                                                    14. Chairman and members of the Boards or other governing bodies and staff of statutory corporations and of companies in which the Federal or State Government has controlling interest.
                                                                                                                                                                                                                                                                                                                                    15. All staff of universities, colleges and institutions owned and financed by the Federal or State Governments or local government councils.
                                                                                                                                                                                                                                                                                                                                    16. Chairman, members and staff of permanent commissions or councils appointed on full time basis.

                                                                                                                                                                                                                                                                                                                                    Schedule VI. Election Tribunals

                                                                                                                                                                                                                                                                                                                                    A. National and State Houses of Assembly Election Tribunals

                                                                                                                                                                                                                                                                                                                                    Eligibility for electoral court judges , Electoral court selection

                                                                                                                                                                                                                                                                                                                                    1

                                                                                                                                                                                                                                                                                                                                    1. A National and State Houses of Assembly Election Tribunal shall consist of a Chairman and two other members.
                                                                                                                                                                                                                                                                                                                                    2. The Chairman who shall be a Judge of a High Court and the two other members shall be appointed from among Judges of a High Court, Kadis of a Sharia Court of Appeal, Judges of a Customary Court of Appeal or other members of the judiciary not below the rank of a Chief Magistrate.
                                                                                                                                                                                                                                                                                                                                    3. The Chairman and other members shall be appointed by the President of the Court of Appeal in consultation with the Chief Judge of the State, the Grand Kadi of the Sharia Court of Appeal of the State or the President of the Customary Court of Appeal of the State, as the case may be.

                                                                                                                                                                                                                                                                                                                                    B. Governorship Election Tribunal

                                                                                                                                                                                                                                                                                                                                    2

                                                                                                                                                                                                                                                                                                                                    1. A Governorship Election Tribunal shall consist of a Chairman and two other members.
                                                                                                                                                                                                                                                                                                                                    2. The Chairman who shall be a Judge of a High Court and the two other members shall be appointed from among Judges of a High Court, Kadis of a Sharia Court of Appeal, Judges of a Customary Court of Appeal or members of the judiciary not below the rank of a Chief Magistrate.
                                                                                                                                                                                                                                                                                                                                    3. The Chairman and other members shall be appointed by the President of the Court of Appeal in consultation with the Chief Judge of the State, the Grand Kadi of the Sharia Court of Appeal of the State or the President of the Customary Court of Appeal of the State, as the case may be.
                                                                                                                                                                                                                                                                                                                                    Oaths to abide by constitution , God or other deities

                                                                                                                                                                                                                                                                                                                                    Schedule VII. Oaths

                                                                                                                                                                                                                                                                                                                                    Oaths of Allegiance

                                                                                                                                                                                                                                                                                                                                    I, ………. do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria.

                                                                                                                                                                                                                                                                                                                                    Oath of Office of President

                                                                                                                                                                                                                                                                                                                                    I, . do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as President of the Federal Republic of Nigeria, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communication or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of the Federal Republic of Nigeria, except as may be required for the due discharge of my duties as President; and that I will devote myself to the service and well-being of the people of Nigeria.

                                                                                                                                                                                                                                                                                                                                    Oath of Office of Governor of a State

                                                                                                                                                                                                                                                                                                                                    I, . do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as the Governor of . State, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will exercise the authority vested in me as Governor so as not to impede or prejudice the authority lawfully vested in the President of the Federal Republic of Nigeria and so as not to endanger the continuance of Federal Government in Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifty Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Governor of . State, except as may be required for the due discharge of my duties as Governor; and that I will devote myself to the service and well-being of the people of Nigeria.

                                                                                                                                                                                                                                                                                                                                    Oath of Office of Vice-President, Deputy Governor, Minister, Commissioner or Special Adviser

                                                                                                                                                                                                                                                                                                                                    I, . do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as Vice-President of the Federal Republic of Nigeria/Deputy Governor of . State/Minister of the Government of the Federation/Commissioner of the Government . State/Special Adviser to . I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions, that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Vice-President of the Federal Republic of Nigeria/Deputy Governor of . State/Minister of the Government of the Federation/Commissioner of . State/Special Adviser to . except as may be required for the due discharge of my duties as Vice-President/Deputy Governor of . State/Minister/Commissioner/Special Adviser.

                                                                                                                                                                                                                                                                                                                                    Oath of a Member of the National Assembly or of a House of Assembly

                                                                                                                                                                                                                                                                                                                                    I, . do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as a Member of the Senate/House of Representatives/ . House of Assembly, I will perform my functions honestly to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and the rules of the Senate/House of Representatives/ . House of Assembly and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria; and that I will abide by the Code of Conduct contained in the Fifth Schedule of the Constitution of the Federal Republic of Nigeria.

                                                                                                                                                                                                                                                                                                                                    I, . do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as Chief Justice of Nigeria/Justice of the Supreme Court/President/Justice of the Court of Appeal/Chief Judge/Judge of the Federal High Court/President/Judge of the National Industrial Court/Chief Judge/Judge of the High Court of the Federal Capital Territory, Abuja/Chief Judge of . State/Judge of the High Court of . State/Grand Kadi/Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja/Grand Kadi/Kadi of the Sharia Court of Appeal of . State/President/Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja/President/Judge of the Customary Court of Appeal of . State. I will discharge my duties, and perform my functions honestly, to the best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria and the law, that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria.