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Constitution of the Federal Republic of Nigeria

1999

 

 

 

 Arrangement of sections

 

 

 

Chapter I

 

General Provisions

 

 

 

Part I

Federal Republic of Nigeria

 

1. Supremacy of constitution. 2 The Federal Republic of Nigeria. 3

States of the Federation and the Federal Capital Territory, Abuja.

 

Part II

 

Powers of the Federal Republic of Nigeria

 

4.

Legislative powers. 5 Executive powers. 6 Judicial powers
7. Local government system. 8 New states and boundary adjustment, etc. 9 Mode of altering provisions of the constitution
10. Prohibition of State Religion. 11 Public order and public security. 12

Implementation of treaties.

 

 

Chapter II

 

Fundamental Objectives and directive Principles of State Policy

 

13.

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

Duties of the citizen.

 

 

Chapter III

 

Citizenship

 

25.

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

 

 

Chapter IV

 

Fundamental Rights

 

33.

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

 

Chapter V

 

The Legislature

 

Part I

 

National Assembly

A-Composition and Staff of National Assembly

 

47

 Establishment of National Assembly. 48 Composition of the Senate 49 Composition of the House of Representatives.
50 President of the senate and speaker of the House of Representatives. 51 Staff of the National Assembly.    

 

B-Procedure for Summoning and Dissolution of National Assembly

 

52

 Declaration of assets and liabilities ;oath of members. 53 Presiding at sitting of the National Assembly and at joint sittings. 54 Quorum.
55 Languages. 56 Voting. 57 Unqualified person sitting or voting.
58 Mode of exercising Federal Legislative power: general 59 Mode of exercising Federal Legislative power: money bills. 60 Regulation of procedure
61 Vacancy or participation of strangers not to invalidate proceedings 62 Committees 63 Sittings
64 Dissolution and issue of proclamations by president.        

 

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

 

65

 Qualifications for election 66 Disqualifications 67 Right of attendance of President
68 Tenure of Seat of Members 69 Recall 70

Remuneration

 

D - Elections to National Assembly

 

71

 Senatorial districts and Federal constituencies 72 Size of Senatorial districts and Federal constituencies. 73 Periodical review of Senatorial districts and Federal constituencies
74 Time when alteration of senatorial districts or Federal constituencies takes effects. 75 Ascertainment of population 76 Time of Election to the National Assembly
77 Direct Election and franchise 78 Supervision of election 79

Power of the National Assembly as to determination of certain questions.

 

E - Powers and Control over Public Funds

 

80

 Establishment of Consolidated Revenue Fund 81 Authorisation of expenditure from Consolidated Revenue Fund 82 Authorisation of expenditure in default appropriations
83 Contingencies Fund 84 Remuneration, etc. of the President and certain other officers 85 Audit of Public accounts
86 Appointment of Auditor-General 87 Tenure of office of Auditor-General 88 Power to conduct investigations
89 Power as to matters of evidence        

 

 

Part II

 

House of Assembly of a State

 

 

 

A - Composition and Staff of House of Assembly

 

90

 Establishment of House of assembly for each State 91 Composition of the House of Assembly 92 Speaker of House of Assembly
93 Staff of house of Assembly        

 

 

B - Procedure for Summoning and Dissolution of House of Assembly

 

94

 Declaration of assets and liabilities; oaths of members 95 Presiding at sittings 96 Quorum
97 Languages 98 Voting 99 Unqualified person sitting or voting
100 Mode of exercising legislative power of a state 101 Regulation of procedure 102 Vacancy or participation of strangers not to invalidate proceedings.
103 Committees 104 Sittings 105

Dissolution and issue of proclamation by Governor

 

 

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

 

106

 Qualifications for election 107 Disqualifications 108 Right of attendance of President
109 Tenure of Seat of Members 110 Recall 111

Remuneration

 

D - Elections to a House of Assembly

 

112

 State constituencies 113 Size of state constituencies 114 Periodical review of State constituencies
115 Time when alteration of state constituencies takes effect 116 Time of elections to Houses of Assembly 117 Direct election and franchise
118 Supervision and election 119 Power of National Assembly as to determination of certain questions    

 

 

E - Powers and control over Public Funds

 

120

 Establishment of Consolidated Revenue Fund 121 Authorisation of expenditure from Consolidated Revenue fund 122 Authorisation of expenditure in default of appropriations.
123 Contingencies Fund 124 Remuneration, etc. of the governor and certain other officers 125 Audit of Public accounts
126 Appointment of Auditor-General 127 Tenure of office of Auditor-General 128 Power to conduct investigations
129 Power as to matters of evidence.        

 

 

Chapter VI

 

The Executive

 

 

Part I

 

 

Federal Executive

 

 

A-The President of the Federation

 

130

 Establishment of the office of President 131 Qualification for election as President 132 Election of the President: general
133 Election: single presidential candidate 134 Election: two or more presidential candidates 135 Tenure of office of President
136

Death, etc. of president-elect before oath of office.

 137 Disqualifications. 138 President: disqualification from other jobs.
139 Determination of certain questions relating to election 140 Declaration of assets and liabilities; oaths of President. 141 Establishment of office of Vice-President
142 Nomination and election of Vice-President 143 Removal of President from office 144 Permanent incapacity of President or Vice-President.
145 Acting President during temporary absence of President 146 Discharge of functions of President 147 Ministers of federal Government
148 Executive Responsibilities of Ministers 149 Declaration of Assets and liabilities; oaths of Ministers. 150 Attorney-General of the Federation
151 Special Advisers. 152 Declaration of assets and Liabilities; oaths of special Adviser.    

 

 

B - Establishment of Certain Federal Executive Bodies

 

153

 Federal Commissions and Councils, etc. 154 Appointment of Chairman and members 155 Tenure of office of members.
156 Qualification for membership. 157 Removal of members. 158 Independence of certain bodies
159 Quorum and decisions 160 Powers and Procedure. 161

Interpretation.

 

 

C - Public Revenue

 

 

 

 

 

 

162

 Distributable pool account 163 Allocation of other revenues 164 Federal grants-in-aid of State revenue.
165 Cost of collection of certain duties 166 Set-off. 167 Sums charged on consolidated Revenue Fund.
168 Provisions with regard to payments        

 

 

D - The Public Service of the Federation

 

169

 Establishment of civil service of the Federation 170 Federal Civil service Commission: power to delegate functions 171 Presidential appointments
172 Code of Conduct 173 Protection of pension rights. 174 Public persecutions
175 Prerogative of mercy.        

 

 

Part II

State Executive

 

 

 

A - The Governor of a State

 

176

 Establishment of office of Governor 177 Qualification for election as Governor 178 Election of Governor: general.
179 Election: single candidate and two or more candidates 180 Tenure of office of Governor 181 Death, etc. of Governor before oath of office.
182 Disqualifications 183 Governor: disqualification from other jobs. 184 Determination of certain questions relating to elections.
185 Declaration of assets and liabilities; oaths of office of Governor. 186 Establishment of the office of the Deputy Governor 187 Nomination and election of the Deputy Governor
188 Removal of Governor or Deputy Governor from office. 189 Permanent incapacity of Governor or Deputy Governor. 190 Acting governor during temporary absence of Governor.
191 Discharge of functions of Governor. 192 Commissioners of State Government. 193 Executive responsibilities of Deputy Governor and Commissioners.
194 Declaration of assets and liabilities; oaths of Commissioners 195 Attorney-General of a State 196

Special Advisers

 

 

B - Establishment of Certain State Executive Bodies

 

197

 State Commissioners 198 Appointment of Chairman and members. 199 Tenure of office of the members.
200 Qualification for membership 201 Removal of members. 202 Independence of certain bodies.
203 Quorum and decisions. 204 Powers and procedure 205

Interpretation

 

 

C - The Public Service of State

 

206

 Establishment of State Civil Service 207 State Civil Service Commission: Power of delegation 208 Appointments by Governor
209 Code of Conduct. 210 Protection of pension rights. 211 Public prosecutions
212 Prerogative of mercy        

 

 

Part III

Supplemental

 

 

A - National Population Census

 

 

213

 National Population census        

 

 

B - Nigeria Police Force

 

214

 Establishment of Nigeria Police Force. 215 Appointment of Inspector-General and control of Nigeria Police Force. 216

Delegation of powers to the Inspector-General of Police

 

 

C - Armed Forces of the Federation

 

217

 Establishment and composition of the armed force of the Federation 218 Command and operational use 219 Establishment of body to ensure federal character of armed forces
220 Compulsory military service.        

 

 

D - Political Parties

 

221

 Prohibition of political activities by certain associations. 222 Restrictions on formation of political parties 223 Constitution and rules of political parties.
224 Aims and objectives 225 Finances of political parties. 226 Annual reports on finances
227 Prohibition of quasi-military organisations. 228 Powers of the national assembly with respect to political parties. 229

Interpretation.

 

 

Chapter VII

 

The Judicature

 

Part I

Federal Courts

 

 

A - The Supreme Court of Nigeria

 

230

 Establishment of the Supreme Court of Nigeria 231 Appointment of Chief justices of Nigeria and justices of the Supreme Court 232 Original jurisdiction.
233 Appellate jurisdiction. 234 Constitution 235 Finality of determinations
236 Practice and procedure        

 

 

B - The Court of Appeal

 

237

 Establishment of Court of Appeal 238 Appointment of President and Justices of the Court of Appeal. 239 Original jurisdiction
240 Appellate jurisdiction 241 Appeals as of rights from the Federal high Court or a High Court. 242 Appeals with leave.
243 Exercise of the rights of appeal from the Federal High Court of a High Court in civil and criminal matters. 244 Appeals from Sharia court of Appeal 245 Appeals from customary court of appeal.
246 Appeal from Code of Conduct Tribunal and other courts and tribunals 247 Constitution 248

Practice and procedure.

 

 

C - The Federal High Court

 

249

 Establishment of the Federal High Court. 250 Appointment of Chief Judge and Judges of the federal high Court. 251 Jurisdiction
252 Powers 253 Constitution. 254

Practice and procedure

 

 

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

 

255

 Establishment of the High Court of the Federal Capital Territory, Abuja. 256 Appointment of Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja. 257 Jurisdiction.
258 Constitution. 259 Practice and procedure    

 

 

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

 

260

 Establishment of the Sharia Court of Appeal of the Federal Capital Territory, Abuja. 261 Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja. 262 Jurisdiction.
263 Constitution. 264 Practice and Procedure    

 

 

F - The Customary Court of appeal of the Federal Capital Territory, Abuja

 

265

 Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja. 266 Appointment of President and Judges of Court of Appeal of the Federal Capital Territory, Abuja. 267 Jurisdiction.
268 Constitution. 269 Practice and Procedure    

 

 

Part II

State Courts

 

 

 

A - High Court of a State

 

270

 Establishment of a High Court for each State. 271 Appointment of Chief Judge and Judges of the High Court of a State. 272 Jurisdiction.
273 Constitution. 274 Practice and Procedure    

 

 

B - Sharia Court of Appeal of a State

 

275

 Establishment of Sharia Court of Appeal. 276 Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State. 277 Jurisdiction.
278 Constitution. 279 Practice and Procedure    

 

 

C - Customary Court of Appeal of a State

 

280

 Establishment of a Customary Court of Appeal. 281 Appointment of President and Judges of the Customary Court of Appeal of a State. 282 Jurisdiction.
283 Constitution. 284 Practice and Procedure    

 

 

Part III

Election Tribunals

 

285 Establishment and jurisdiction of election tribunals.        

 

 

Part IV

Supplemental

 

286 Jurisdiction of state courts in respect of federal causes 287 Enforcement of decisions. 288 Appointment of persons leaned in Islamic personal law and Customary law
289 Disqualification of certain legal practitioners. 290 Declaration of assets and liabilities: oaths of judicial officers. 291 Tenure of office and pension rights of judicial officers.
292 Removal of other judicial officers from office. 293 Vacancies 294 Determination of causes and matters
295

Reference of questions of law.

296

Interpretation

    

 

 

Chapter VIII

 

Federal Capital Territory, Abuja and General Supplementary Provisions

 

Part I

Federal Capital Territory, Abuja

 

 

297

 Federal Capital territory, Abuja: ownership of lands. 298 Capital of the federation 299 Application of Constitution.
300 Representation in the National Assembly 301 Adaptation of certain references. 302 Minister of Federal Capital territory, Abuja.
303 Administration of the Federal Capital territory, Abuja. 304 Establishment of the Judicial Service Committee of the Federal Capital territory, Abuja    

 

 

Part II

Miscellaneous Provisions

 

 

305

 Procedure for proclamation of state of emergency 306 Resignations. 307 Restriction on certain citizens
308 Restrictions on legal proceedings.        

 

 

Part III

Transitional Provisions and Savings

 

 

309

Citizenship

310

Staff of legislative houses.

311

Standing Orders
312 Special provisions in respect of first election. 313 System of revenue allocation. 314 Debts.
315 Existing law. 316 Existing offices, courts and authorities. 317 Succession to property, rights, liabilities and obligations.

 

 

Part IV

Interpretation, Citation and Commencement

 

 

318

 Interpretation. 319 Citation. 320

Commencement.

 

Schedules

 

 

First Schedule

 

Part I

States of the Federation

 

 

Part II

Definition and Area Councils of Federal Capital Territory, Abuja

 

 

 

Second Schedule

 

Part I

Exclusive Legislative List

 

 

Part II

Concurrent Legislative List

 

 

Part III

Supplemental and Interpretation

 

 

 

Third Schedule

 

Part I

Federal Executive Bodies

 

 

Code of Conduct Bureau

 

Council of State

 

Federal Character Commission

 

Federal Civil Service Commission

 

Federal Judicial Service Commission

 

Independent National Electoral Commission

 

National Defence Council

 

National Economic Council

 

National Judicial Council

 

National Population Commission

 

National Security Council

 

Nigeria Police Council

 

Police Service Commission

 

Revenue Mobilisation Allocation and Fiscal Commission.

 

 

 

Part II

State Executive Bodies

 

 

State Civil Service Commission

 

State Independent Electoral Commission

 

State Judicial Service Commission.

 

 

 

Part III

Federal Capital Territory, Abuja Executive Body

 

Judicial Service Committee of the Federal Capital Territory, Abuja

 

 

 

 

Fourth Schedule

 

Functions of a Local Council

 

 

 

 

Fifth Schedule

 

Part I

Code of Conduct for Public officers

 

 

 

General

 

Code of Conduct Tribunal

 

Interpretation

 

 

 

Part II

Public Officers for the Purposes of the Code of Conduct

 

 

 

 

Sixth Schedule

 

Election Tribunals

 

 

National Assembly Election Tribunal

 

Governorship and Legislative Houses Election tribunal

 

 

 

 

Seventh Schedule

 

Oaths

 

 

 

Oaths of Allegiance

 

Oath of Office of President

 

Oath of Office of Governor of a State

 

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

 

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

 

Judicial Oath

 

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Constitution of the Federal Republic of Nigeria

1999

 

 

 

We the people of the Federal Republic of Nigeria

 

Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace,