Nigeria 1999 (rev. 2011) Subsequently amended

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A. Composition and Staff of National Assembly

1. Structure of legislative chamber(s)
   There shall be a National Assembly for the Federation which shall consist of a Senate and a House of Representatives.
2. Second chamber selection, Size of second chamber
   The Senate shall consist of three Senators from each State and one from the Federal Capital Territory, Abuja.
3. Size of first chamber
   Subject to the provisions of this Constitution, the House of Representatives shall consist of three hundred and sixty members representing constituencies of nearly equal population as far as possible, provided that no constituency shall fall within more than one State.

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1. There shall be:-
   1. Leader of second chamber
      a President and a Deputy President of the Senate, who shall be elected by the members of that House from among themselves; and
   2. Leader of first chamber
      a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by the members of that House from among themselves.
2. The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office-
   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.
4. There shall be a Clerk to the National Assembly and such other staff as may be prescribed by an Act of the National Assembly, and the method of appointment of the Clerk and other staff of the National Assembly shall be as prescribed by that Act.

B. Procedure for Summoning and Dissolution of National Assembly

1. Official or national languages
   The business of the National Assembly shall be conducted in English, and in Hausa, Ibo and Yoruba when adequate arrangements have been made therefor.

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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.

2. Any person who sits or votes in the Senate or the House of Representatives knowing or having reasonable grounds for knowing that he is not entitled to do so commits an offence and is liable on conviction to such punishment as shall be prescribed by an Act of the National Assembly.
Approval or veto of general legislation, Division of labor between chambers
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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.
5. Veto override procedure
   Where the President withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President shall not be required.
Tax bills, Spending bills, Joint meetings of legislative chambers
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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.
2. Legislative committees
   Where a bill to which this section applies is passed by one of the Houses of the National Assembly but is not passed by the other House within a period of two months from the commencement of a financial year, the President of the Senate shall within fourteen days thereafter arrange for and convene a meeting of the joint finance committee to examine the bill with a view to resolving the differences between the two Houses.
3. Legislative committees
   Where the joint finance committee fails to resolve such differences, then the bill shall be presented to the National Assembly sitting at a joint meeting, and if the bill is passed at such joint meeting, it shall be presented to the President for assent.
4. Where the President, within thirty days after the presentation of the bill to him, fails to signify his assent or where he withholds assent, then the bill shall again be presented to the National Assembly sitting at a joint meeting, and if passed by two-thirds majority of members of both houses at such joint meeting, the bill shall become law and the assent of the President shall not be required.
5. Legislative committees
   In this section, “joint finance committee” refers to the joint committee of the National Assembly on finance established pursuant to section 62(3) of this Constitution.
3. Subject to the provisions of this Constitution, the Senate or the House of Representatives shall have power to regulate its own procedure, including the procedure for summoning and recess of the House.
4. The Senate or the House of Representatives may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.
Legislative committees
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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.
5. Length of legislative sessions
   The Senate and the House of Representatives shall each sit for a period of not less than one hundred and eighty-one days in a year.

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

1. Removal of individual legislators, Electoral commission
   A member of the Senate or of the House Representatives may be recalled as such a member if-
   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.
2. Compensation of legislators
   A member of the Senate or of the House of Representatives shall receive such salary and other allowances as Revenue Mobilisation Allocation and Fiscal Commission may determine.

D. Elections to National Assembly

1. Electoral commission, Electoral districts
   Subject to the provisions of section 72 of this Constitution, the Independent National Electoral Commission shall-
   1. Second chamber selection
      divide each State of the Federation into three Senatorial districts for purposes of elections to the Senate; and
   2. First chamber selection
      subject to the provisions of section 49 of this Constitution, divide the Federation into three hundred and sixty Federal constituencies for purposes of elections to the House of Representatives.
2. No Senatorial district or Federal constituency shall fall within more than one State, and the boundaries of each district or constituency shall be as contiguous as possible and be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable.
Electoral districts, Electoral commission
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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.
3. Where the boundaries of any Senatorial district or Federal constituency established under section 71 of this Constitution are altered in accordance with the provisions section 73 hereof, the alteration shall come into effect after it has been approved by each House of the National Assembly and after the current life of the Senate (in the case of an alteration to the boundaries of a Senatorial district) or the House of Representatives (in the case of an alteration to the boundaries of a Federal constituency).
4. For the purposes of section 72 of this Constitution, the number of inhabitants of Nigeria or any part thereof shall be ascertained by reference to or the latest census held in pursuance of an Act of the National Assembly.
Scheduling of elections
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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
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1. Subject to the provisions of this Constitution, every Senatorial district or Federal constituency established in accordance with the provisions of this Part of this Chapter shall return 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.
2. Restrictions on voting
   Every citizen of Nigeria, who has attained the age of eighteen years residing in Nigeria at the time of the registration of voters for purposes of election to a legislative house, shall be entitled to be registered as a voter for that election.
5. Electoral commission
   The registration of voters and the conduct of elections shall be subject to the direction and supervision of Independent National Electoral Commission.
6. The National Assembly shall make provisions as respects-
   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;
   2. circumstances and manner in which, and the conditions upon which, such application may be made; and
   3. powers, practice and procedure of the election tribunal in relation to any such application.

E. Powers and Control over Public Funds

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.

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.

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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.
3. There shall be a Clerk to a House of Assembly and such other staff as may be prescribed by a Law enacted by the House of Assembly, and the method of appointment of the Clerk and other staff of the House shall be as prescribed by that Law.

B. Procedure for Summoning and Dissolution of House of Assembly

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.

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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.

2. Any person who sits or votes in a House of Assembly of a State knowing or having reasonable grounds for knowing that he is not entitled to do so commits an offence and is liable on conviction to such punishment as shall be prescribed by a Law of the House of Assembly.

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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.
3. Subject to the provisions of this Constitution, a House of Assembly shall have power to regulate its own procedure, including the procedure for summoning and recess of the House.
4. A House of Assembly may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate such proceedings.

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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.
5. A House of Assembly shall sit for a period of not less than one hundred and eighty-one days in a year.

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.

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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.
2. Where in respect of any person who has been-
   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.

3. For the purposes of subsection (2) of this section, an “appeal” includes any application for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus, or any appeal from any such application.

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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.

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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

   8. the Speaker of the House of Assembly receives a certificate under the hand of the Chairman of the Independent National Electoral Commission stating that the provisions of section 110 of this Constitution have been complied with in respect of the recall of the member.
2. The Speaker of the House of Assembly shall give effect to subsection (1) of this section, so however that the Speaker or a member shall first present evidence satisfactory to the House that any of the provisions of that subsection has become applicable in respect of the member.
3. A member of a House of Assembly shall be deemed to be absent without just cause from a meeting of the House of Assembly unless the person presiding certifies in writing that he is satisfied that the absence of the member from the meeting was for a just cause.
2. A member of the House of Assembly may be recalled as such a member if-
   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.
3. A member of the House of Assembly shall receive such salary and other allowances as the Revenue Mobilisation Allocation and Fiscal Commission may determine.

D. Elections to a House of Assembly

1. Electoral commission
   Subject to the provisions of sections 91 and 113 of this Constitution, the Independent National Electoral Commission shall divide every state in the federation into such number of state constituencies as is equal to three or four times the number of Federal constituencies within that state.
2. The boundaries of each State constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable.
Electoral commission
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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.
3. Where the boundaries of any State constituency established under section 112 of this Constitution are altered in accordance with the provisions of section 114 of this Constitution, that alteration shall come into effect after it has been approved by the National Assembly and after the current life of the House of Assembly.

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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.

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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.
4. Electoral commission
   The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Independent National Electoral Commission.
5. The National Assembly shall make provisions as respects-
   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;
   2. circumstances and manner in which, and the conditions upon which, such application may be made; and
   3. powers, practice and procedure of the election tribunal in relation to any such application.

E. Powers and Control over Public Funds

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.

A. The President of the Federation

1. Eligibility for head of state
   A person shall be qualified for election to the office of the President if-
   1. he is a citizen of Nigeria by birth;
   2. Minimum age of head of state
      he has attained the age of forty 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.

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1. Scheduling of elections
   An election to the office of President shall be held on a date to be appointed by the Independent National Electoral Commission in accordance with the Electoral Act.
2. Scheduling of elections
   An election to the said office 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 President one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission shall extend the time for nomination.
4. For the purpose of an election to the office of President, the whole of the Federation shall be regarded as one constituency.
5. Head of state selection
   Every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of President.
2. Head of state selection
   A candidate for an election to the office of President 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 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
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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.
2. A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election-
   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.
3. In a default of a candidate duly elected in accordance with subsection (2) of this section their shall be a second election in accordance with subsection (4) of this section at which the only candidates shall be-
   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.
4. In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within seven days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed elected to the office of President if-
   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.
5. In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall, within seven days of the result of the election held under the aforesaid subsection (4), arrange for another election between the two candidates to which the subsection relates and a candidate at such election shall be deemed to have been duly elected to the office of President, if he has a majority of the votes cast at the election.

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.
2. Head of state term length
   Subject to the provisions of subsection (1) of this section, the President shall vacate his office at the expiration of a period of four years commencing from the date, when-
   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.
3. In the determination of the four year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in the office before the date the election was annulled, shall be taken into account.
4. Emergency provisions
   If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time.
Deputy executive, Head of state replacement
136
1. Joint meetings of legislative chambers
   If a person duly elected as President dies before taking and subscribing the Oath of Allegiance and oath of office, or is for any reason whatsoever unable to be sworn in, the person elected with him as Vice-President shall be sworn in as President and he shall nominate a new Vice-President who shall be appointed by the President with the approval by a simple majority of the National Assembly at a joint sitting.
2. Where the persons duly elected as President and Vice-President die or are unable for any reason whatsoever to assume office before the inauguration of the National Assembly, the Independent National Electoral Commission shall immediately conduct an election for a President and the Vice-President.
Eligibility for head of state

137

1. A person shall not be qualified for election to the office of President 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. Head of state term limits
      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 or fine for any offence involving dishonesty or fraud (by whatever name called) or for any other offence, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or
   5. within a period of less than ten years before the date of the election to the office of President he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the Code of Conduct; or
   6. he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria or any other country; or
   7. being a person employed in the civil or public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election; or
   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.
2. Where in respect of any person who has been-
   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.

3. The President shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever.
4. The National Assembly shall by an Act make provisions as respects-
   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;
   2. circumstances and manner in which, and the conditions upon which such application may be made; and
   3. powers, practice and procedure of the Court of Appeal in relation to any such application.

140

1. Oaths to abide by constitution
   A person elected to the office of President shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed in this Constitution and he has taken and subscribed the Oath of Allegiance and the oath of office prescribed in the Seventh Schedule to this Constitution.
2. The oaths aforesaid shall be administered by the Chief Justice of Nigeria or the person for the time being appointed to exercise the functions of that office.
5. Deputy executive
   There shall be for the Federation a Vice-President.
Deputy executive
142
1. In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid.
2. Oaths to abide by constitution
   The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualification, declaration of assets and liabilities and oaths of President shall apply in relation to the office of Vice-President as if references to President were references to Vice-President.
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.

3. Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated.
4. A motion of the National Assembly that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each House of the National Assembly.
5. Within seven days of the passing of a motion under the foregoing provisions, the Chief Justice of Nigeria shall at the request of the President of the Senate appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.
6. The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the Panel by legal practitioners of his own choice.
7. A Panel appointed under this section shall-
   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.
8. Where the Panel reports to each House of the National Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.
9. Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report at the House the National Assembly shall consider the report, and if by a resolution of each House of the National Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.
10. No proceedings or determination of the Panel or of the National Assembly or any matter relating thereto shall be entertained or questioned in any court.
11. In this section- “gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.
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.
2. Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.
3. The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.
4. The medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria:-
   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.
5. In this section, the reference to “executive council of the Federation” is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct.
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

1. Head of state replacement
   The Vice-President shall hold the office of President if the office of President becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 of this Constitution.
2. Head of state replacement
   Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.
3. Where the office of Vice-President becomes vacant:-
   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
1. There shall be such offices of Ministers of the Government of the Federation as may be established by the President.
2. Cabinet selection
   Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President.
3. 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.

4. Outside professions of legislators, Eligibility for cabinet
   Where a member of the National Assembly or of a House of Assembly is appointed as Minister of the Government of the Federation, he shall be deemed to have resigned his membership of the National Assembly or of the House of Assembly on his taking the oath of office as Minister.
5. Eligibility for cabinet
   No person shall be appointed as a Minister of the Government of the Federation unless he is qualified for election as a member of the House of Representatives.
6. An appointment to any of the offices aforesaid shall be deemed to have been made where no return has been received from the Senate within twenty-one working days of the receipt of nomination by the Senate.
Powers of cabinet
148
1. Deputy executive
   The President may, in his discretion, assign to the Vice-President or any Minister of the Government of the Federation responsibility for any business of the Government of the Federation, including the administration of any department of government.
2. The President shall hold regular meetings with the Vice-President and all the Ministers of the Government of the Federation for the purposes of-
   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.
6. Oaths to abide by constitution
   A Minister of the Government of the Federation shall not enter upon the duties of his office, unless he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the oath of office for the due execution of the duties of his office prescribed in the Seventh Schedule to this 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.
7. Oaths to abide by constitution
   A person appointed as Special Adviser under section 151 of this Constitution shall not begin to perform the functions of his office until he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and oath of office prescribed in the Seventh Schedule to this Constitution.

B. Establishment of Certain Federal Executive Bodies

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

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

1. 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.
2. International organizations
   The Federation may make external grants to a foreign State or any international body in furtherance of the foreign policy objectives of Nigeria in such sum and subject to such terms and conditions as may be prescribed by the National Assembly.
2. Each State shall, in respect of each financial year, pay to the Federation an amount equal to such part of the expenditure incurred by the Federation during that financial year for the purpose of collection of taxes or duties which are wholly or partly payable to the State pursuant to the provisions of this Part of this Chapter or of any Act of the National Assembly as is proportionate to the share of the proceeds of those taxes or duties received by the State in respect of that financial year.

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.
3. Any payment that is required by this Part of this Chapter to be made by the Federation to a State shall be a charge upon the Consolidated Revenue Fund of the Federation and any payment that is so required to be made by a State to the Federation shall be a charge upon the Consolidated Revenue Fund of that State.

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.
3. An appointment to the office of the Head of the Civil Service of the Federation shall not be made except from among Permanent Secretaries or equivalent rank in the civil service of the Federation or of a State.
4. An appointment to the office of Ambassador, High Commissioner or other Principal Representative of Nigeria abroad shall not have effect unless the appointment is confirmed by the Senate.
5. In exercising his powers of appointment under this section, the President shall have regard to the federal character of Nigeria and the need to promote national unity.
6. Any appointment made pursuant to paragraphs (a) and (e) of subsection (2) of this section shall be at the pleasure of the President and shall cease when the President ceases to hold office:

   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.

3. A person in the public service of the Federation shall observe and conform to the Code of Conduct.

A. Governor of a 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.

2. A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected where, there being two or more candidates-
   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.
3. In default of a candidate duly elected in accordance with subsection (2) of this section there shall be a second election in accordance with subsection (4) of this section at which the only candidates shall be-
   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.
4. In default of a candidate duly elected under subsection (2) of this section, the Independent National Electoral Commission shall within seven days of the result of the election held under that subsection, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of Governor of a State if-
   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.
5. In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall within seven days of the result of the election held under that subsection, arrange for another election between the two candidates to which that sub-paragraph relates and a candidate at such election shall be deemed to have been duly elected to the office of Governor of a State if he has a majority of the votes cast at the election.

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.
2. Subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the expiration of period of four years commencing from the date when-
   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.
3. In the determination of the four year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in office before the date the election was annulled shall be taken into account.
4. If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time, but no such extension shall exceed a period of six months at any one time.

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.
2. Where in respect of any person who has been-
   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.

2. The Governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever.
3. The National Assembly shall make provisions in respect of-
   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;
   2. circumstances and manner in which, and the conditions upon which such application may be made; and
   3. powers, practice and procedure of the election tribunal in relation to any such application.
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.
4. There shall be for each State of the Federation a Deputy Governor.

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.

3. Within fourteen days of the presentation of the notice to the Speaker of the House of Assembly (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice), the House of Assembly shall resolve by motion, without any debate whether or not the allegation shall be investigated.
4. A motion of the House of Assembly that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-thirds majority of all the members of the House of Assembly.
5. Within seven days of the passing of a motion under the foregoing provisions of this section, the Chief judge of the State shall at the request of the Speaker of the House of Assembly, appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provided in this section.
6. The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person or be represented before the panel by a legal practitioner of his own choice.
7. A Panel appointed under this section shall-
   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.
8. Where the Panel reports to the House of Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.
9. Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report, the House of Assembly shall consider the report, and if by a resolution of the House of Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.
10. No proceedings or determination of the Panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court.
11. In this section- “gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion in the House of Assembly to gross misconduct.

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.
2. Where the medical panel certifies in its report that in its opinion the Governor or Deputy Governor is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the Speaker of the House of Assembly shall be published in the Official Gazette of the Government of the State.
3. The Governor or Deputy Governor shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.
4. The medical panel to which this section relates shall be appointed by the Speaker of the House of Assembly of the State, and shall comprise five medical practitioners in Nigeria-
   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.
5. In this section, the reference to “executive council of the State” is a reference to the body of Commissioners of the Government of the State, howsoever called, established by the Governor and charged with such responsibilities for the functions of Government as the Governor may direct.

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.
5. Oaths to abide by constitution
   A Commissioner of the Government of a State shall not enter upon the duties of his office unless he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the oath of Allegiance and the oath for the due execution of the duties of his office prescribed in the Seventh Schedule to this Constitution.

B. Establishment of Certain State Executive Bodies

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.
2. A member of any of the bodies shall cease to be a member if any circumstances arise that, if he were not a member of the body, would cause him to be disqualified for appointment as such a member.

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.
2. Any person employed in the public service of a State shall not be disqualified for appointment as Chairman or member of any of such bodies provided that where such a person has been duly appointed, he shall on his appointment be deemed to have resigned his former office as from the date of the appointment.
3. No person shall be qualified for appointment to any of the bodies aforesaid, if, having previously been appointed as a member otherwise than as an ex officio member of that body, he has been re-appointed for a further term as a member of the same body.

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.
2. In exercising its power to make appointments or to exercise disciplinary control over persons the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission shall not be subject to the direction and control of any other authority or person.

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.
3. 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 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.
3. An appointment to the office of the Head of the Civil Service of a State shall not be made except from among Permanent Secretaries or equivalent rank in the civil service of any State or of the Federation.
4. In exercising his powers of appointment under this section, the Governor shall have regard to the diversity of the people within the state and the need to promote national unity.
5. Any appointment made pursuant to paragraphs (a) and (d) of subsection (2) of this section shall be at the pleasure of the Governor and shall cease when the Governor ceases to hold office:

   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.

3. A person in the public service of a State shall observe and conform to the Code of Conduct.

A. National Population Census

B. Nigeria Police Force

C. 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.

D. Political Parties

1. Campaign financing
   No association, other than a political party, shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election.
2. Restrictions on political parties
   No association by whatever name called shall function as a party, unless-
   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.
2. For the purposes of this section-
   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.
3. Restrictions on political parties
   The programme as well as the aims and objects of a political party shall conform with the provisions of Chapter II of this Constitution.
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.
3. Campaign financing
   No political party shall-
   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.
4. Any funds or other assets remitted or sent to a political party from outside Nigeria shall be paid over or transferred to the Commission within twenty-one days of its receipt with such information as the Commission may require.
5. Electoral commission
   The Commission shall have power to give directions to political parties regarding the books or records of financial transactions which they shall keep and, to examine all such books and records.
6. The powers conferred on the Commission under subsection (4) of this section may be exercised by it through any member of its staff or any person who is an auditor by profession, and who is not a member of a political party.
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.

4. Restrictions on political parties
   No association shall retain, organise, train or equip any person or group of persons for the purpose of enabling them to be employed for the use or display of physical force or coercion in promoting any political objective or interest or in such manner as to arouse reasonable apprehension that they are organised and trained or equipped for that purpose.

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;
3. Campaign financing
   for an annual grant to the Independent National Electoral Commission for disbursement to political parties on a fair and equitable basis to assist them in the discharge of their functions; and
4. for the conferment on the Commission of other 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 provisions of this part of this chapter.
5. In this Part of this chapter, unless the context otherwise requires, “political party” includes any association whose activities include canvassing for votes in support of a candidate for election to the office of President, Vice-President, Governor, Deputy Governor or membership of a legislative house or of a local government council.

A. The Supreme Court of Nigeria

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.

2. Without prejudice to the powers of the President or of the Governor of a state with respect to prerogative of mercy, no appeal shall lie to any other body or person from any determination of the Supreme Court.
3. Subject to the provisions of any Act of the National Assembly, the Chief Justice of Nigeria may make rules for regulating the practice and procedure of the Supreme Court.

B. The Court of Appeal

1. Establishment of military courts
   Subject to the provisions of this Constitution, the Court of Appeal shall have jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Federal High Court, the National Industrial Court, the High Court of the Federation Capital Territory, Abuja, High Court of a state, Sharia Court of Appeal of the Federal Capital Territory, Abuja, Sharia Court of Appeal of a state, Customary Court of Appeal of a state and from decisions of a court-martial or other tribunals as may be prescribed by an Act of the National Assembly.

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;
   3. Constitutional interpretation
      decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution;
   4. decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be, contravened in relation to any person;
   5. decisions in any criminal proceedings in which the Federal High Court or a High Court has imposed a sentence of death;
   6. decisions made or given by the Federal High Court or a High Court-
      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.
2. Nothing in this section shall confer any of appeal-
   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.
2. An appeal shall lie from the decision of the National Industrial Court as of right to the Court of Appeal on questions of fundamental rights as contained in Chapter IV of this Constitution as it relates to matters upon which the National Industrial Court has jurisdiction.
3. An Appeal shall only lie from the decision of the National Industrial Court to the Court of Appeal as may be prescribed by an Act of the National Assembly:

   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.

4. Without prejudice to the provisions of section 254C (5) of this Act, the decision of the Court of Appeal in respect of any appeal arising from any civil jurisdiction of the National Industrial Court shall be final.
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.
2. The National Assembly may confer jurisdiction upon the Court of Appeal to hear and determine appeals from any decision of any other court of law or tribunal established by the National Assembly.
3. The decisions of the Court of Appeal in respect of appeals arising from the National and State Houses of Assembly election petitions shall be final.

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.
2. Subject to the provisions of any Act of the National Assembly, the President of the Court of Appeal may make rules for regulating the practice and procedure of the Court of Appeal.

C. The Federal High Court

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.

CC. The National Industrial Court of Nigeria

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

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.

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

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

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.

A. High Court of a State

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.

B. Sharia Court of Appeal of a State

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

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.

285

286

287

288

297

304

305

306

308

315

316

317

318

1. Definition of Federal Capital Territory, Abuja

2. Federal Capital Territory, Abuja

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
   2. grants or loans from and the imposition of charges upon the Consolidated Revenue Fund or any other public funds of the Federation or for the imposition of charges upon the revenue and assets of the Federation for any purpose notwithstanding that it relates to a matter with respect to which the National Assembly is not empowered to make laws.
2. Subject to the provisions of this Constitution, any House of Assembly may make provisions for grants or loans from and the imposition of charges upon any of the public funds of that State or the imposition of charges upon the revenue and assets of that State for any purpose notwithstanding that it relates to a matter with respect to which the National Assembly is empowered to make laws.
3. The National Assembly may make laws for the Federation or any part thereof with respect to such antiquities and monuments as may, with the consent of the State in which such antiquities and monuments are located, be designated by the National Assembly as National Antiquities or National Monuments but nothing in this paragraph shall preclude a House of Assembly from making Laws for the State or any part thereof with respect to antiquities and monuments not so designated in accordance with the foregoing provisions.
4. The National Assembly may make laws for the Federation or any part thereof with respect to the archives and public records of the Federation.
5. A House of Assembly may, subject to paragraph 4 hereof, make laws for that State or any part thereof with respect to archives and public records of the Government of the State.
6. Nothing in paragraphs 4 and 5 hereof shall be construed as enabling any laws to be made which do not preserve the archives and records which are in existence at the date of commencement of this Constitution, and which are kept by authorities empowered to do so in any part of the Federation.
7. In the exercise of its powers to impose any tax or duty on-
   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.

8. Where an Act of the National Assembly provides for the collection of tax or duty on capital gains, incomes or profit or the administration of any law by an authority of a State in accordance with paragraph 7 hereof, it shall regulate the liability of persons to such tax or duty in such manner as to ensure that such tax or duty is not levied on the same person by more than one State.
9. Subsidiary unit government
   A House of Assembly may, subject to such conditions as it may prescribe, make provisions for the collection of any tax, fee or rate or for the administration of the Law providing for such collection by a local government council.
10. Where a Law of a House of Assembly provides for the collection of tax, fee or rate or for the administration of such Law by a local government council in accordance with the provisions hereof it shall regulate the liability of persons to the tax, fee or rate in such manner as to ensure that such tax, fee or rate is not levied on the same person in respect of the same liability by more than one local government council.
11. The National Assembly may make laws for the Federation with respect to the registration of voters and the procedure regulating elections to a local government council.
12. Nothing in paragraph 11 hereof shall preclude a House of Assembly from making laws with respect to election to a local government council in addition to but not inconsistent with any law made by the National Assembly.
13. The National Assembly may make laws for the Federation or any part thereof with respect to-
    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.
14. A House of Assembly may make laws for the State with respect to-
    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.
15. In the foregoing provisions of this item, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them-
    • “distribution” means the supply of electricity from a sub- station to the ultimate consumer;

      “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.

16. The National Assembly may make laws for the establishment of an authority with power to carry out censorship of cinematograph films and to prohibit or restrict the exhibition of such films; and nothing herein shall-
    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.
17. The National Assembly may make laws for the Federation or any part thereof with respect to-
    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.
18. Subject to the provisions of this Constitution, a House of Assembly may make Laws for that State with respect to industrial, commercial or agricultural development of the State.
19. Nothing in the foregoing paragraphs of this item shall be construed as precluding a House of Assembly from making Laws with respect to any of the matters referred to in the foregoing paragraphs.
20. For the purposes of the foregoing paragraphs of this item, the word “agricultural” includes fishery.
21. Reference to science
    The National Assembly may make laws to regulate or co-ordinate scientific and technological research throughout the Federation.
22. Reference to science
    Nothing herein shall prelude a House of Assembly from establishing or making provisions for an institution or other arrangement for the purpose of scientific and technological research.
23. The National Assembly may make laws for the Federation or any part thereof with respect to statistics so far as the subject matter relates to-
    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.
24. A House of Assembly may make Laws for the State with respect to statistics and on any matter other than that referred to in paragraph 23(a) of this item.
25. The National Assembly may make laws for the Federation or any part thereof with respect to trigonometrical, cadastral and topographical surveys.
26. A House of Assembly may, subject to paragraph 25 hereof, make laws for that State or any part thereof with respect to trigonometrical, cadastral and topographical surveys.
27. The National Assembly shall have power to make laws for the Federation or any part thereof with respect to university education, technological education or such professional education as may from time to time be designated by the National Assembly.
28. The power conferred on the National Assembly under paragraph 27 of this item shall include power to establish an institution for the purposes of university, post-primary, technological or professional education.
29. Subject as herein provided, a House of Assembly shall have power to make laws for the state with respect to the establishment of an institution for purposes of university, technological or professional education.
30. Nothing in the foregoing paragraphs of this item shall be construed so as to limit the powers of a House of Assembly to make laws for the State with respect to technical, vocational, post-primary, primary or other forms of education, including the establishment of institutions for the pursuit of such education.

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.

2. The Bureau shall establish such offices in each state of the Federation as it may require for the discharge of its functions under this Constitution.
3. The Bureau shall have power to:
   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.
4. The terms and conditions of service of the staff of the Code of Conduct Bureau shall be the same as those provided for public officers in the civil service of the Federation.

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.
2. The Council shall have power to:
   1. advise the President in the exercise of his powers with respect to the:-
      1. national population census and compilation, publication and keeping of records and other information concerning the same;
      2. prerogative of mercy;
      3. award of national honours;
      4. Electoral commission
         the Independent National Electoral Commission (including the appointment of members of that Commission);
      5. Establishment of judicial council
         the National Judicial Council (including the appointment of the members, other than ex-officio members of that Council); and
      6. the National Population Commission (including the appointment of members of that Commission); and
   2. advise the President whenever requested to do so on the maintenance of public order within the Federation or any part thereof and on such other matters as the President may direct.

C. Federal Character Commission

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.

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.
2. The Commission shall have power to-
   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;
   2. recommend to the National Judicial Council, the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph; and
   3. appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court and all other members of the staff of the judicial service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service Commission.

F. Independent National Electoral Commission

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.

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.
2. The Council shall have power to advise the President on matters relating to the defence of the sovereignty and territorial integrity of Nigeria.

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
   3. Central bank
      the Governor of the Central Bank of Nigeria established under the Central Bank of Nigeria Decree 1991 or any enactment replacing that Decree.
2. The National Economic Council shall have power to advise the President concerning the economic affairs of the Federation, and in particular on measures necessary for the co-ordination of the economic planning efforts or economic programmes of the various Governments of the Federation.

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

   11. two persons not being legal practitioners, who in the opinion of the Chief Justice of Nigeria, are of unquestionable integrity.
2. The National Judicial Council shall have power to-
   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;
   2. Supreme/ordinary court judge removal
      recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph and to exercise disciplinary control over such officers;
   3. recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commissions persons for appointments to the offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States and the Presidents and Judges of the Customary Courts of Appeal of the States;
   4. Supreme/ordinary court judge removal
      recommend to the Governors the removal from the office of the judicial officers in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers;
   5. collect, control and disburse all moneys, capital and recurrent, for the judiciary;
   6. advise the President and Governors or any matter pertaining to the judiciary as may be referred to the Council by the President or the Governors;
   7. appoint, dismiss and exercise disciplinary control over members and staff of the Council;
   8. control and disburse all monies, capital and recurrent; for the services of the Council; and
   9. deal with all other matters relating to broad issues of policy and administration.
3. The Secretary of the Council shall be appointed by the National Judicial Council on the recommendation of the Federal Nation Judicial Service Commission and shall be a legal practitioner.

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.
2. The Commission shall have power to-
   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.

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.
2. The Council shall have power to advise the President on matters relating to public security including matters relating to any organisation or agency established by law for ensuring the security of the Federation.

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.
2. The functions of the Nigeria Police Council shall include-
   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.
2. The Commission shall have power to-
   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.
2. The Commission shall have power to-
   1. monitor the accruals to and disbursement of revenue from the Federation Account;
   2. review, from time to time, the revenue allocation formulae and principles in operation to ensure conformity with changing realities:

      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;

   3. advise the Federal and State Governments on fiscal efficiency and methods by which their revenue can be increased;
   4. determine the remuneration appropriate for political office holders, including the President, Vice-President, Governors, Deputy Governors, Ministers, Commissioners, Special Advisers, Legislators and the holders of the offices mentioned in sections 84 and 124 of this Constitution; and
   5. discharge such other functions as are conferred on the Commission by this Constitution or any Act of the National Assembly.

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.

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.
2. The Commission shall have power-
   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.
2. The Commission shall have power to-
   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;
   2. subject to the provisions of this Constitution, to recommend to the National Judicial Council the removal from the office of the judicial officers specified in sub-paragraph (a) of this paragraph; and
   3. to appoint, dismiss and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrar of the High Court, the Chief Registrars of the Sharia Court of Appeal and Customary Court of Appeal, Magistrates, Judges and members of Area Courts and Customary Courts and all other members of the staff of the judicial service of the State not otherwise specified in this Constitution.

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.
2. The Committee shall have power-
   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;
   2. subject to the provisions of this Constitution, to recommend to the National Judicial Council the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph;
   3. to appoint, promote and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrars of the High Court, the Sharia Court of Appeal and the Customary Court of Appeal of the Federal Capital Territory, Abuja, magistrates, the judges and members of the District and Area Courts of the Federal Capital Territory, Abuja, if any, and all other members of the staff of the judicial service of the Federal Capital Territory, Abuja not otherwise specified in this Constitution and of the Judicial Service Committee of the Federal Capital Territory, Abuja.

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.
3. The President, Vice-President, Governor, Deputy Governor, Ministers of the Government of the Federation and Commissioners of the Governments of the States, members of the National Assembly and of the Houses of Assembly of the States, and such other public officers or persons as the National Assembly may by law prescribe shall not maintain or operate a bank account in any country outside Nigeria.

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.
2. A retired public servant shall not receive any other remuneration from public funds in addition to his pension and the emolument of such one remunerative position.

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.

4. The President or Vice-President, Governor or Deputy Governor, Minister of the Government of the Federation or Commissioner of the Government of a State, or any other public officer who holds the office of a Permanent Secretary or head of any public corporation, university, or other parastatal organisation shall not accept-
   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.

5. No persons shall offer a public officer any property, gift or benefit of any kind as an inducement or bribe for the granting of any favour or the discharge in his favour of the public officer’s duties.
6. A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy.
7. A public officer shall not be a member of, belong to, or take part in any society the membership of which is incompatible with the functions or dignity of his office.

11

1. Earnings disclosure requirement
   Subject to the provisions of this Constitution, every public officer shall within three months after the coming into force of this Code of Conduct or immediately after taking office and thereafter–
   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.

2. Any statement in such declaration that is found to be false by any authority or person authorised in that behalf to verify it shall be deemed to be a breach of this Code.
3. Any property or assets acquired by a public officer after any declaration required under this Constitution and which is not fairly attributable to income, gift, or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved.
8. Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau.
9. A public officer who does any act prohibited by this Code through a nominee, trustee, or other agent shall be deemed ipso facto to have committed a breach of this Code.
10. In its application to public officers-
    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

Interpretation

1. In this Code, unless the context otherwise requires–
   • “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.

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