Draft People’s Constitution Of The Federal Republic Of NigeriaArrangement of Sections

Sections CHAPTER IThe Federation and its Territories

1. Supremacy of the Constitution2. The Federal Republic of Nigeria3. Territories of the Federation 1st Schedule 4. Alteration of this Constitution5. Provisions relating to Regional Constitution 6. Interpretation of Chapter 1

CHAPTER IICITIZENSHIP

7. Citizenship by Birth8. Citizenship by Registration9. Citizenship by Naturalization10. Dual citizenship11. Renunciation of Citizenship12. Deprivation of Citizenship13. Person Deemed to be Nigerian Citizens 14. Power to make Regulations

CHAPTER IIIFUNDAMENTAL RIGHTS

15. Sovereignty of the People and Primary Purpose of Government16. Right to Life17. Right to Dignity of the Person18. Right to Personal Liberty19. Right to Fair Hearing20. Right to Private and Family Life21. Right to freedom of thought, Conscience and Religion22. Right to Freedom of Expression and the Press23. Right to Peaceful Assembly and association 24. Right to Freedom of Movement25. Right to Freedom from discrimination26. Right to Property, Compulsory Acquisition and Compensation27. Citizenship- Political, Gender and Socio-economic Rights28. Restrictions29. Special Jurisdiction of high Court and Legal Aid

CHAPTER IVTHE PRESIDENT OF THE REPUBLIC

30. Office of President and Commander-in- Chief of the Federal Republic31. Election of President32. Tenure of Office of President

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33. Oaths to be taken by President34. Removal of President from Office35. Discharge of President's Function during Vacancy36. Procedure at Election Meeting

CHAPTER VPARLIAMENT

Part 1 Composition of Parliament37. Establishment of Parliament38. Composition of the House of Representatives39. Size of Constituencies40. Qualification for Membership of Parliament 41. Disqualification for Membership of Parliament 42. Speaker of the House of Representatives43. Right of Attendance of a Minister44. Tenure of seats of Members of Parliament45. Electoral Commission46. Constituencies47. Elections48. Determination of Questions respecting Membership of Parliament49. Clerk and Staff of Parliament

Part 2 Procedure in Parliament50. Oaths to be taken by members of Parliament 51. Independence of Parliament52. Presiding in the House of Representatives53. Quorum in the House of Representatives54. The Use of English in Parliament55. Voting in Parliament56. Unqualified Person Sitting or Voting57. Mode of Exercising Legislative Powers58. Restrictions on Representation of a failed Bill 59. Restriction with regards to certain

Financial Measures60. Population of Procedure of the House of Representatives61. Interpretation of Part 2

Part 3 Summoning, Prorogation and Dissolution62. Sessions of Parliament63. Prorogation and Dissolution of Parliament64. Powers of Parliament to make Laws65. Special Power of Parliament in relation to Emergencies66. Special Power of Parliament

When Section 81 of this Constitution has been Contravened

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67. Powers of Parliament Conferred by Regional Law68. Powers to make grants of money etc for any purpose69. Implementations of Treaties etc70. Titles of Honour71. Income Tax and Estate Duty72. Trade and Commerce73. Banks and Banking74. Electricity or Gas75. Authorities empowered to administer trusts and Estates76. Exhibition of cinematographic films77. Exemption from certain Regional taxes78. Evidence

CHAPTER VI

EXECUTIVE POWERS79. 79 Exercise of the Executive Authority of the Federation80. Extent of Executive Authority of Regions81. Executive Authority of Region82. Minister of Government of the Federation83. Attorney General of the Federation84. Establishment of the Council of Ministers85. Collective Responsibility86. Allocation of Port Folio to Ministers87. Performance of functions of Prime Minister during absence etc.88. Exercise of President's Power89. President to be informed concerning matters of government90. Parliamentary Secretaries91. Oaths to be taken by Ministers etc.92. Constitution of offices for Federation93. Delegation of Executive Authority of Region94. Delegation of Executive Authority of Federation 95. Delegation of Executive Authority of Region96. Prerogative of Mercy97. Establishment of Advisory Council on prerogative of mercy98. Functions of ADVISORY Council99. Public Prosecution

CHAPTER VIIDEFENCE AND SECURITYSERVICES

Part 1 Police100. 100 Establishment of the Nigerian Police Service101. Control of Nigeria Police Service102. Establishment of Nigeria Police Council103. Functions of the Federal Police Council104. Establishment of Police Service Commission

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105. Appointments to Nigeria Police Service

Part 2 Armed Forces of Nigeria106. 106 Establishment and Composition of the Armed Forces of the

Federation107. Establishment of Armed Forces and Joint Defence 108. Command and operational Use109. Establishment of a body to ensure Compliance with Section 106(3),

107(2), 108(5)110. Compulsory Military Service

Part 3 Other Services111. Other Security Services112. Composition to Comply with Section 106(5)113. Organisation and Administration114. Prison Services

Part 4115. Establishment of certain Federal Executive Bodies116. Appointment Tenure, Qualification and Removals of Members117. Independence of certain Bodies118. Quorum Powers and Procedure Interpretation

CHAPTER VIII

119. Establishment of Supreme Court120. Appointment of Justices to the Supreme Court121. Tenure of Office of Justices122. Original Jurisdiction123. Question as to the Interpretation of this Constitution124. Advisory of Jurisdiction Supreme Court125. Appellate Jurisdiction126. Appeals from Regional Supreme Courts127. Determinations of Supreme Court to be Final128. Powers, Practice and Procedure of the Supreme Court129. Establishment of a Federal Court of Appeal130. Appointment of Justices of the Court of Appeal131. Original Jurisdiction132. Appellate Jurisdiction133. Appeal as of Right134. Appeal with Leave135. Exercise of right of Appeal in Civil and Criminal Matters for Appeals

from High Court136. Appeals from Code of Conduct and Other Tribunals137. Constitution138. Practice and Procedure

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139. Establishment of High Court of the Federal Capital Territory140. Appointment of Judges of the Federal Capital

Territory141. Tenure of Office of Judges142. Appellate Jurisdiction143. Establishment of Further Courts

Part 3 General144. Special Provisions as to Regional Courts of Appeal145. Oaths to be taken by justices of the Supreme Court and Federal Court

of Appeal

CHAPTER IXFINANCE

Part 1 Public funds of the Federation146. The Consolidated Revenue Fund of the Federation 147. Authorization of Expenditure from Consolidated Revenue Fund148. Authorization of Expenditure in Advance of Appropriation149. Contingencies Fund, Foreign Reserves150. Remuneration of President and Certain Other Offices151. Auditor General of the Federation152. Public Debt

Part 2153. Fiscal Arrangement

CHAPTER XTRANSITIONAL PROVISIONS

154. Citizenship155. Staff of Legislative Houses156. Standing Orders157. Special Provision in respect of first Election158. System Of Revenue Allocation 159. Debts160. Existing Law161. Existing Institutions162. Succession to property, rights, liabilities and Obligations163. Appointment of Offices in Public Service164. Appointment of Principal Representatives of Republic Abroad

CHAPTER XIMISCELLANEOUS

165. Power of Commission to Regulate its Procedure166. Prohibition of certain Legal Proceedings

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167. Resignations168. Re-appointment169. Commission on Revenue Mobilisation, Allocation and Fiscal170. Interpretations171. Citation

SCHEDULESFirst ScheduleRegions of the Federation and Component Nationalities of the Regions

Second ScheduleTerritories Comprising the Regions

Third ScheduleThe Exclusive Legislative List

Fourth ScheduleFederal Executive Bodies

Fifth ScheduleOaths

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DRAFT OF THE PEOPLE’S NATIONAL CONFERENCE PROPOSED CONSTITUTION FOR THE FEDERAL REPUBLIC OF NIGERIA

PREAMBLEWe, The Peoples of Nigeria including members of Ethnic Nationalities and Civil Society Organisations. Having firmly resolved to establish the Federal Republic of Nigeria. With a view to ensuring the unity of our people and faith in our father land, For the purpose of promoting inter-African co-operation and solidarity, In order to assure world peace and international understanding, and So as to further the ends of liberty, equality and justice both in our country and in the world at large, by our representatives here assembled, do hereby declare, enact and give to ourselves the following Constitution;-

CHAPTER 1THE FEDERATION AND ITS TERRITORIES1. (1) This Constitution including its preamble shall have the force of law

throughout Nigeria and, subject to the provisions of Section 4 of this Constitution, if any other law (including the constitution of a Region) is inconsistent with this Constitution, t h i s Constitution shall prevail and the other shall, to the extent of the inconsistency, be void.

(2) The ethnic Nationalities referred to in the preamble to this Constitution are listed in Part 1 of the First Schedule to this Constitution.

2. (1) Nigeria shall be a Federation comprised of Regions, and a Federal Capital Territory and shall be a Republic by the name of the Federal Republic of Nigeria.

(2) The Regions shall be the Federating Units and shall in turn consist of States and Local Government Areas.

3. (1) There shall be 18 Regions consisting of the 12 mono-ethnic-nationalities and 6 multi-ethnic nationality Federations listed in Part II of the First Schedule to this Constitution.

(2) The Regions and the Federal Capital territory shall consist of the areas comprised p in those territories respectively as at the time this Constitution comes into force as listed in Schedule 2 to this Constitution.

(3) Each of the ethnic nationalities referred to in section 1 (2) of this constitution has the right to self-determination and shall be at liberty to secede from the federation if it is no longer satisfied with the union. This shall be in accordance with universally recognized procedures including plebiscite or referendum supervised by the African Union and/or the United Nations.

(4) The power to create States shall vest in the Regions.(5) The power to create Local Government Area shall vest in the States.

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4. (1) Parliament may alter any of the provisions of this Constitution; Provided that, in so far as it alters any of the provisions of this section, Sections 1,2,5,6,18 to 32,34,37,38,45,46,47,57,62 to 89,99 to 121, 123, 125, 127, 129 to 139, 144, 146 to 148, 150 to163, 164, 166, 171 and the Schedules to this Constitution or (in so far as they apply to any of those provisions of Sections 61 and 170 of this Constitution), an Act of Parliament shall not come into operation unless the legislature of at the least a majority of the Regions has passed a resolution signifying consent to its having effect.

(2) A bill for an Act of Parliament under this section, not being an Act to which subsection (3) of this section applies, shall not be passed unless it has been supported on second and third readings by the votes of not less than two-thirds of the members of that house.

(3) Alteration to section 3of this Constitution for the purpose of the establishment of a new Region out of the territories shall be effected only in accordance with the following procedure-(a) a proposal for the alteration shall be submitted to Parliament and,

if that proposal is approved by a resolution of the House of Representatives supported by the votes of at least two-third of all the members of the House, the proposal shall then be submitted to the legislative houses of all the Regions; and

(b) if the proposal is approved- by a resolution of the legislature of at the least a majority of Regions, including any Region comprising any part of Nigeria that would be transferred to the new Region under the proposal, Parliament may provide for the alteration.

(4) Alteration to section 3 of this Constitution for the purpose of altering the boundaries of territories by the transfer of any part of one territory to another territory shall be effected only in accordance with the following procedure:-(a) a proposal for the alteration shall be submitted to Parliament and,

if that proposal is approved by a resolution of Parliament supported by the votes of at least two- thirds of all the members of that House, the proposal shall then be submitted to the legislative houses of all the Regions; and

(b) if the proposal is approved-(i) by a resolution of the legislature of a majority of all the

Regions, including any Region to which any part of Nigeria comprised in another territory would be transferred under the proposal; or

(ii) by a resolution of the legislature of each Region comprising any part of Nigeria that would be transferred either to or from that Region under the proposal, Parliament may provide for the alteration, provided that the procedure described in paragraphs (a) and (b) of this subsection need

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not to be followed if the alteration is for the purpose of transferring an area of not more than two thousand square kilometers inhabited by not more than five hundred thousand persons from one Region to another Region or Regions.

(5) An act of Parliament passed for the purpose of subsection (3) of this section or an act of Parliament passed for the purpose of subsection (4) of this section, being an Act to effect an alteration in respect of which the procedure described in paragraphs (a) and (b) thereof is required to be followed, shall not come into operation unless-(a) a resolution has been passed by the legislature of a majority of

Regions signifying consent to its having effect; and(b) a referendum upon the question of whether the Act should have

effect has been held in pursuance of provision made in that behalf by parliament in every part of Nigeria that would be comprised in a new Region or transferred from one territory to another, as the case may be, at which the persons entitled to vote were the persons who at the referendum were entitled to vote in any constituency in that part of Nigeria established under section 46 of this Constitution and at which at least three-fifths of all the persons were entitled to vote at the referendum voted in favour of the Act.

(6) An act of Parliament passed for the purpose of subsection (4) of this section, being an Act to effect an alteration in respect of which the procedure described in paragraphs (a) and (b) thereof is not required to be followed, shall not come into operation unless a resolution has been passed by the legislature of each Region whose boundaries are affected by the Act signifying consent to its having effect.

(7) An act of Parliament altering section 38, 45 and 46 of this Constitution in relation to the federal Capital territory in such a manner that the number of members of the House of Representatives to be elected in that territory would be less than the appropriate proportion for that territory shall not come into operation unless a resolution supported by a majority of the members of that house who represent that territory has been passed by the Parliament signifying consent to its having effect.

(8) The provisions of Section 5 and 81 of this Constitution shall not be altered except in accordance with the following procedure:-(i) A proposal for the alteration shall be submitted to Parliament and,

if that proposal is approved at second and third reading by a resolution of the House of Representatives supported by the votes of at least two-thirds of all the members of the House, the proposal shall then be submitted to the legislature of all the Regions and if the proposal is approved by a resolution of the legislature of at the least a majority of the Regions, it is then

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submitted to the people for a referendum upon the question whether the Act should have effect.

(ii) The Act shall not have effect unless it is approved at the referendum referred to in this subsection by the votes of at the least three-fifths of all persons entitled to vote that Referendum being persons entitled to vote in their Constituencies if election were to be held on the day of the referendum.

(9) For the purpose of subsections (7) and (8) of this section that expression "the appropriate proportion" means, in relation to a Regional Federal Capital Territory, such proportion of the total number of members of the House of Representatives as corresponds most nearly to the proportion borne by the number of inhabitants of that Region and Federal Capital Territory to the total number of inhabitants of Nigeria.

(11) For the purposes of/his section the number of inhabitants of Nigeria or a territory shall be ascertained by reference to the latest census of the population of Nigeria held in pursuance of an Act of Parliament.

(12) Without prejudice to the generality of this section, the fundamental provisions of this Constitution touching upon citizens liberty and security and upon the powers of the Regions will be changeable only by the will of the people expressed in a referendum which would take place after three-fifths of the Parliament had approved such a change.

5.(1) Subject to the provisions of this Constitution, the constitution of each Region shall have the force of law throughout that Region, and if any other law is inconsistent with that constitution, the provisions of that constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

(2) Subject to the provisions of this Constitution, the constitution of a Region may be altered only by a law enacted by the legislature of that Region.

(3) A bill for a law to be enacted by the legislature of a Region altering any of the provisions of the constitution of that Region shall not be passed in any legislative house of that Region unless it has been supported on second and third readings by the votes of not less than two-thirds of all the members of that legislature and shall not be presented to the Governor of the Region for assent unless it has been passed by the legislature of the Region.

(4) No law enacted by the legislature of a Region, to the extent that it alters any provision of the constitution of that Region to which this subsection applies, shall have effect unless a resolution supported by the votes of

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at least two-thirds of all the members of that Legislature is passed by the House signifying consent to its having effect.

(5) Where a new Region is established out of other territories or parts of other territories, Parliament may make laws for the peace, order and good government of that Region with respect to matters not included in the Legislative List (including provision for the constitution of that Region) for a period of six months after the establishment of that Region, but thereafter Parliament shall have only such powers to make laws for that Region as it has in relation to the other Regions, provided that nothing in this section shall preclude the legislature of that Region from making laws in accordance with the provisions of this Constitution and the constitution of the Region.

(6) Subsection (4) of this section applies to any provision of the constitution of a Region relating to-(a) the establishment of any of the following, that is to say, the office

of Governor, a legislature, an executive council, the office of any Minister of the Government , a High Court, a court having jurisdiction on appeal from a High Court, an electoral commission, a public service commission and the office of the Auditor General of the Federation;

(b) the manner in which the Governor's function are to be exercised;(c) the appointment, tenure of office and the terms of service of any

of the following, that is to say, the Governor, the judges of the High Court or of a court having jurisdiction as aforesaid, the members of the commissions referred to in paragraph (a) of this subsection and the Auditor General of the Region.

(d) the functions of any of the following, that is to say, the executive council, the commissions referred to in paragraph (a) of this subsection and the Auditor General of the Region.;

(e) the appointment and tenure of office of Ministers- of the Government and the allocation of portfolios;

(f) the summoning, sessions, prorogation and dissolution of the legislature

(h) appeals to the High Court from subordinate courts and appeals from the High Court; and

(i) the procedure of the commission referred to in paragraph (a) of this subsection

6. Without prejudice to the generality of section 170 of this constitution, in this chapter-(a) references to any of the provisions of this Constitution or the

constitution of a Region include references to any law, or instrument made under a law, that amends, modifies, re- enacts with or without amendment or modification or makes different

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provision in lieu of that provision; and of a Region include references to the amendment or modification or re-enactment, with or without amendment or modification, of that provision, the suspension or repeal of that provision and the making of different provisions in lieu of that provision.

Chapter IICitizenship

7(1) The following persons are citizens of Nigeria by birth, namely-(a) Every person born in Nigeria before the date of independence,

either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria; Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria.

(b) Every person born in Nigeria after the date of independence either of whose parents or any of whose grand parents is a citizen of Nigeria; and

(c) Every person born outside Nigeria either of whose parents is a Citizen of Nigeria.

(2) In this section, "the date of independence" means the 1stday of October 1960.

8. (1) Subject to the provisions of Section 10 of this Constitution, a person to whom the provisions of this section apply may be registered as a citizen of Nigeria, if the President is satisfied that -(a) the/she isa person of good character;(b) he/she has shown a clear intention of his/her desire to be

domiciled in Nigeria; and(c) he/she has taken the Oath of Allegiance as may be

prescribed by Parliament.(2) the provisions of this section shall apply to-

(a) any man or woman who is or has been married to a citizen of Nigeria; or

(b) every person of full age and capacity born outside Nigeria, any of whose grandparents is a citizen of Nigeria.

9. (1) Subject to the provisions of Section 10 of this Constitution, any person who is qualified in accordance with the provisions of this section may apply to the President for the grant of a certificate of naturalisation.

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(2) No person shall be qualified to apply for the grant of a certificate of naturalisation, unless he/she satisfies the President that-(a) he/she is a person of full age and capacity;(b) he/she is a person of good character;(c) he/she has shown a clear intention of his/her desire to be

domiciled in Nigeria;(d) he/she is, in the opinion of the Governor of the Region

where he/she is or he/she proposes to be resident, acceptable to the local community in which he/she is to live permanently, and has been assimilated into the way of life of Nigerians in that part of the Federation;

(e) he/she is a person who has made or is capable of making useful contribution to the advancement; progress and well-being of Nigeria;

(f) he/she has taken the Oath of Allegiance as may be prescribed in the fifth Schedule to this Constitution; and

(g) he/she has, immediately preceding the date of his/her application, either-(i) resided in Nigeria for a continuous period of fifteen

years; or(ii) resided in Nigeria continuously for a period of twelve

months. and during the period of twenty years immediately preceding that period of twelve months has resided in Nigeria for periods amounting in the aggregate to not less than fifteen years.

10. (1) Subject to the other provisions of this section, a person shall forfeit forthwith his/her Nigerian citizenship if, not being a citizen of Nigeria by birth, he/she acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he/she is not a citizen by birth.

(2) Any registration of a person as a citizen of Nigeria or the grant of a certificate of naturalisation to a person who is a citizen of a country other than Nigeria at the time of such registration or grant shall, if he/she is not a citizen by birth of that other country, be conditional upon effective renunciation of the citizenship or nationality of that other country within a period of not more than five months from the date of such registration or grant.

(3) A citizen of Nigeria shall not forfeit his or her Nigerian Citizenship by virtue only of the fact of acquiring the citizenship of another country.

11. (1) Any citizen of Nigeria of full age who wishes to renounce his/her

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Nigerian citizenship shall make a declaration in the prescribed manner for the renunciation.

(2) The President shall cause the declaration made under subsection (1) of this section to be registered and upon such registration, the person who made the declaration shall cease to be a citizen of Nigeria.

(3) The President may withhold the registration of any declaration made under subsection (1) of this section if-(a) the declaration is made during any war in which Nigeria is

physically involved; or(b) in his opinion, it is otherwise contrary to public policy.

12. (1) The President may deprive a person, other than a person who is a citizen of Nigeria by birth or by registration, of his citizenship, if he is satisfied that such a person has, within a period of seven years after becoming naturalised, been sentenced to imprisonment for a term of not less than three years.

(2) The President shall deprive a person, other than a person who is citizen of Nigeria by birth, of his/her citizenship, if he/she is satisfied from the records of proceedings of a court of law or other tribunal or after due inquiry in accordance with regulations made by him/her, that-(a) the person has shown himself or herself by act or speech to

be disloyal towards the Federal Republic of Nigeria; or(b) the person has, during any war in which Nigeria was

engaged, unlawfully traded with the enemy or been engaged in or associated with any business that was in the opinion of the president carried on in such a manner as to assist the enemy of Nigeria in that war, or unlawfully communicated with such enemy to the detriment of or with intent to cause damage to the interest of Nigeria.

13. For the purposes of this Chapter, a parent or grandparent of a person shall be deemed to be a citizen of Nigeria if at the time of the birth of that person such parent or grandparent would have possessed that status by birth if he/she had been alive on the date of independence; and in this section, "the date of independence" has the meaning assigned to it in Section 7 (2) of this Constitution.

14.(1) The president may make regulations, not inconsistent with this Chapter, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Chapter, and for granting special

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immigrant status with full residential rights to non- Nigerian spouses of citizens of Nigeria who do not wish to acquire Nigerian citizenship.

(2) Any regulations made by the president pursuant to the provisions of this

section shall be laid before the Parliament.

Chapter IIIFundamental Rights

15.(1) The Federal Republic of Nigeria shall be a State based on the principles of democracy, equity and justice.

(2) It is hereby, accordingly, declared that:(a) sovereignty belongs to the people of Nigeria from whom

government through this Constitution derives all its powers and authority;

(b) the security, welfare, development and progress of the people shall be the primary purpose of government: and

16.(1) Every person has a right to life, and no one shall be deprived of his/her life intentionally.

(2) the maximum sentence a court can impose in Nigeria shall be life sentence for offences which prior to the commencement of this Constitution carried a death penalty.

(3) A person shall not be regarded as having been deprived of his/her life in contravention of this section, if he/she dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary for the defence of any person from unlawful violence or for the defence of property.

17(1) Every individual is entitled to respect for the dignity of his/her person, and accordingly- .(a) no person shall be subjected to torture, inhuman or degrading

treatment;(b) no person shall be held in slavery or servitude; and(c) no person shall be required to perform forced or compulsory

labour.

(2) for the purposes of subsection (1) (c) of this section, "forced or compulsory labour does not include -(a) any labour required in consequence of the sentence or order of a

court;(b) any labour required of members of the armed forces of the

Federation or the Nigeria Police Service in pursuance of their duties as such;

(c) in the case of persons who have conscientious objections to service in the armed forces of the Federation, any labour required instead of such service;

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(d) any labour required which is reasonably necessary in the event of any emergency or calamity threatening the life or well-being of the community; or

(e) any labour or service that forms part of -(i) normal communal or other civic obligations of the well-

being of the community.(ii) such compulsory national service in the armed forces of the

Federation as may be prescribed by an Act of the Parliament, or

(iii) such compulsory national service which fl f ms part of the education and training of citizens of Nigeria as may be prescribed by an Act of Parliament.

18.(1) Every person shall be entitled to his/her personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law –(a) in execution of the sentence or order of a court in respect of a

criminal offence of which he/she has been found guilty(b) by reason of his/her failure to comply with the order of a court or

in order to secure the fulfillment of any obligation imposed upon him by law

(c) for the purpose of bringing him/her before a court in execution of the order of a court or upon reasonable suspicion of his/her having committed a criminal offence or to such extent as may be reasonable necessary to prevent his/her committing a criminal offence;

(d) in the case of a person who has not attained the age of eighteen years for the purpose of his/her education or welfare

(e) in the case of persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants for the purpose of their care or treatment or the protection of the community and/or

(f) for the purpose of preventing the unlawful entry of any person into Nigeria or of effecting the expulsion extradition or other lawful removal from Nigeria of any person or the taking of proceedings relating thereto

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

(2) Any person who is arrested or detained shall have the night to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his/her own choice

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(3) Any person who is arrested or detained shall be Informed in writing within twenty-four hours (and in a language that he/she understands) of the facts and grounds for his/her arrest or detention

(4) Any person who is arrested or detained in accordance With subsection (1) (c) of this section shall be brought before a court of law within a reasonable time, and if he/she is not tried within a period of-(a) two months from the date of his/her arrestor detention in the case of a person who is in custody or is not entitled to bail; or(b) three months from the dale of his/her arrest or detention in the case of a person who has been released on bail, he/she shall (without prejudice to any further proceedings that may be brought against him/her) be released either unconditionally or upon such conditions as are reasonable necessary to ensure that he/she appears for trial at a later date.

(5) In subsection (4) of this section, the expression "a reasonable time" means-(a) In the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometers a period of one day; and(b) in any other case a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.

(6) Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person: and in this subsection, "the appropriate authority or person" means an authority or person specified by law.

(7) Nothing in this section shall be construed -(a) in relation to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and(b) as invalidating any law by reason only that it authorises the detention for a period not exceeding three months of a member of the armed forces of the federation in execution of a sentence imposed by an officer of the armed forces of the Federation, in respect of an offence punishable by such detention of which he/she has been found guilty.

19.(1) In the determination of his/her civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.

(2) Without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or

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authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law -(a) provides for an opportunity for the persons whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and(b) contains no provision making the determination of the administering authority final and conclusive.

(3) The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be held in public.

(4) Whenever any person is charged with a criminal offence, he/she shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal: Provided that –(a) a court or such a tribunal may exclude from its proceedings persons other than the parties thereto or their legal practitioners in the interest of defense public safety, public order, public morality, the welfare of persons who have not attained the age of eighteen years, the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interests of justice;(b) if in any proceedings before a court or such a tribunal, a Minister of the Government of the Federation or a commissioner of the government of a Region satisfies the court or tribunal that it would not be in the public interest for any matter to be publicly disclosed, the court or tribunal shall make arrangements for evidence relating to that matter to be heard in private and shall take such other action as may be necessary or expedient to prevent the disclosure of the matter.

(5) Every person who is charged with a criminal offence shall be presumed to be innocent until he/she is proved guilty;Provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of proving particular facts.

(6) Every person who is charged with a criminal offence shall be entitled to-(a) be informed promptly in the language that he/she understands and in detail of the nature of the offence;(b) be given adequate time and facilities for the preparation of his/her defence;(c) defend himself/herself in person or by legal practitioners of his/her own choice;(d) examine, in person or by his/her legal practitioners, the witnesses called by the prosecution before any court or tribunal and obtain the attendance and carry out the examination of witnesses to testify on

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his/her behalf before the court or tribunal on the same conditions as those applying to the witnesses called by the prosecution; and(e) have, without payment, the assistance of an interpreter if he/she cannot understand the language used at the trial of the offence .

(7) When any person is tried for any criminal offence, the court or tribunal shall keep a record of the proceedings and the accused person or any persons authorised by him/her in that behalf shall be entitled to obtain copies of the judgment in the case within seven days of the conclusion of the case.

(8) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence heavier than the penalty in force at the time the offence was committed

(9) No person who shows that he/she has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior court.

(10) No person who shows that he/she has been pardoned for a criminal offence shall again be tried for that offence.

(11) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(12) Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law, and in this subsection, a written law refers to an Act of the Parliament or a Law of a Region, any subsidiary legislation or instrument under the provisions of a law.

20. The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.

21.(1) Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his/her religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his/her religion or belief in worship, teaching, practice and observance.

Provided it does not infringe on any other laws or the rights of others.(2) No person attending any place of education shall be required to receive

religious instruction or to take part in or attend any religious ceremony or observance if such instruction ceremony or observance relates to a religion other than his/her own, or religion not approved by his/her parent or guardian.

(3) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or

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denomination in any place of education maintained wholly by that community or denomination.

(4) Nothing in this section shall entitle any person to form, take part in the activity or be a member of a secret society.

(5) Nigeria shall be a secular State and accordingly there shall be no State religion neither shall State resources be used to promote the cause of any religion.

22.(1) Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

(2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions:provided that no person, other than the Government of the Federation or of a Region or any other person or body authorised by the President on the fulfillment of conditions laid down by an Act of the Parliament, shall own, establish or operate a television or wireless broadcasting station for, any purpose whatsoever.

(3) Subject to Subsection (4) of this Section all Citizens in Nigeria shall have access to information in all matters relating to the conduct of government business especially in relation to public expenditure including appropriation and audit as well as the observance of the provisions of this Constitution or any law made by Parliament or the law of a Region.

(4) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society -(a) for the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films; or(b) imposing restrictions upon persons holding office under the Government of the Federation or of a Region, members of the armed forces of the Federation or members of the Nigeria Police Service or other Government security services or agencies established bylaw.

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

24.(1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom .

(2) Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society-

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(a) imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or

(b) providing for the removal of any person from Nigeria to any other country to:-(i) be tried outside Nigeria for any criminal offence, or(ii) undergo imprisonment outside Nigeria in execution of the sentence of a

court of law in respect of a criminal offence of which he/she has been found guilty, provided that there is reciprocal agreement between Nigeria and such other country in relation to such matter.

25.(1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, gender, religion or political opinion shall not, by reason only that he/she is such a person:-(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or c(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

(2) No citizen of Nigeria shall be subjected to any discrimination or deprivation merely by reason of the circumstances of his/her birth or any disability.

(3) It shall be mandatory for all tiers of government to by legislation or otherwise provide appropriate facilities to enable persons with disabilities to enjoy all rights provided for Nigerians under this Constitution especially education and health care.

(4) All public facilities and spaces including walkways shall be disability friendly and accessible by wheel chairs.

26.(1) Subject to the provisions of this Constitution, every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria.

(2) No movable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by a law that, among other things-(a) requires the prompt payment of compensation therefore and(b) gives to any person claiming such compensation a right of access for the determination of his/her interest in the property and the amount

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of compensation to a court of law or tribunal or body having jurisdiction in that part of Nigeria.

(3) Nothing in subsection (2) of this section shall be construed as affecting a law.(a) for the imposition or enforcement of any tax, rate or duty:(b) for the imposition of penalties or forfeiture for breach of any law, whether under civil process or after conviction for an offence:(c) relating to leases, tenancies, mortgages, charges, bills of sale or any other rights or obligations arising out of contracts.(d) relating to the vesting and administration of property of persons adjudged or otherwise declared bankrupt or insolvent, of persons of unsound mind or deceased persons, and of corporate or unincorporated bodies in the course of being wound-up:(e) relating to the execution of judgments or orders of court: (f) providing for the taking of possession of property that is in a dangerous state or injurious to the health of human beings, plants or animals;(g) relating to enemy property:(h) relating to trusts and trustees;(i) relating to limitation of actions;j) relating to property vested in bodies corporate directly established by any law in force in Nigeria;(k) relating to the temporary taking of possession of property for the purpose of any examination, investigation or enquiry;(I) providing for the carrying out of work on land for the purpose of soil-conservation; or(m) subject to prompt payment of compensation for damage to buildings, economic trees or crops, providing for any authority or person to enter, surveyor dig any land, or to lay, install or erect poles, cables, wires, pipes, or other conductors or structures on any land, in order to provide or maintain the supply or distribution of energy, fuel, water, sewage, telecommunication services or other public facilities or public utilities.

(4)(i) Notwithstanding the foregoing provisions of this section and subject to the provisions of subsection (4) (ii) of this section, the entire property in and control of all minerals, mineral oils and natural gas in under or upon any land in Nigeria or in, under or upon the territorial waters of Nigeria shall vest in the Government of the Region bearing such resource and shall be managed in such manner as prescribed by this Constitution

(ii) ln respect of the Federal Capital Territory and the offshore waters outside the seaward boundaries of the Region being two hundred meters depth watermark and overseas, such property and control shall vest in the Government of the Federation.

(5) Notwithstanding any other provision of this Constitution, the rights of ownership of land shall be retained as it was before first March, 1978

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provided that all transaction carries out under the Land Use Act shall remain valid.

27.(1) (i) Every Nigerian shall be entitled to the basic socio-economic rights . as listed in subsection (1)of this section in his or her place of residence only.(ii) The socio-economic right referred to in subsection (i) shall include free education up to the first degree at the University or its equivalent, basic health care, food, shelter and employment.(iii) Subject to subsection (2) of this section, a citizen of Nigeria who resides in a place shall entitled to all civic rights and privileges of that Region.(iv) A Nigerian woman married to a man of a different place of origin shall reserve the right to choose her spouse's place of origin.(v) Non Nigerians married to Nigerians (whether male or female) shall by virtue of the marriage become Nigerian citizens if they so choose.

(2) Aboriginal and cultural rights of indigenous people shall be protected by the Regions and the Federal Government.(3) The State shall investigate every killing of any Nigerian due to Civil strife, ethnic or religious conflict and shall provide adequate compensation for victims of such strife and conflict.(4) The State shall protect and improve the environment and safeguard water, air, forest, land and the wild life of Nigeria.(5) (i)The State shall make relevant laws to provide the rights for equal treatment for married women which rights shall include equal opportunities in political, economic, social and cultural Spheres.(ii) Notwithstanding any thing in this constitution, the State shall provide facilities and opportunities necessary to enhance the welfare of women and the disabled to enable them realize their rights.(iii) Nothing in this subsection shall invalidate any law by reason only that the law provides affirmative action in favour of groups marginalized on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them.(6) Notwithstanding the provisions of section 25, there shall be a provision for a minimum of 30% affirmative action for women in elective and appointive office including political party offices for a period of 10 years from the date of commencement of this Constitution(7) Human rights women and children's rights, the rights of the disabled, indigenous people's rights contained in international instruments ratified by Nigeria shall be Justiciable.(8) No other treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the Parliament.

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

(2) An act of the Parliament shall not be invalidated by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of section 16 or 18 of this Constitution; but no such measures shall be taken in pursuance of any such act during any period of emergency save to the extent that those measures are reasonably justifiable for the purpose of dealing with the situation that exists during that period of emergency:

Provided that nothing in this section shall authorise any derogation from the provisions of section 16 of this Constitution, except in respect of death resulting from acts of war or authorise any derogation from the provisions of section 37(8) of this Constitution.

(3) In this section, a "period of emergency" means any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him/her under relevant section of this Constitution .

29.(1) Any person who alleges that any of the provisions of this Chapter has been is being or likely to be contravened in any Region in relation to him/her may apply to a High Court in that Region for redress.

(2) Subject to the provisions of this Constitution, a High Court shall have original jurisdiction to hear and determine any application made to it in pursuance of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcement or securing the enforcement within that Region of any right to which the person who makes the application may be entitled under this Chapter.

(3) The Chief Justice of Nigeria may make rules with respect to the practice and procedure of a High Court for the purposes of this section.

(4) The Parliament-(a) may confer-upon a High Court such powers in addition to those conferred by this section as may appear to the Parliament to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by this section; and(b) shall make provisions-(i) for the rendering of financial assistance to any indigent citizen of Nigeria where his/her right under this Chapter has been infringed or with a view to enabling him/her to engage the services of a legal practitioner to prosecute his/her claim, and

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(ii) for ensuring that allegations of infringement of such rights are substantial and the requirement or need for financial or legal aid is real.

CHAPTER IVTHE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA

30.(1) There shall be a president of the republic, who shall be elected to office in accordance with section 31 of this Constitution and shall be the Head of State of the Federation and Commander-in-Chief of the Armed Forces of the Federation.

(2) The office of the President shall be rotated amongst the Regions

31.(1) A persQf1 shall be eligible for election as the President if-(a) he/she is a citizen of Nigeria(b) he/she is not disqualified by virtue of paragraphs (a) to (d) or (f) of subsection (1), subsection (2) or subsection (3) of section 41 of this Constitution for election as a member of the House of Representatives.

(2)The President shall be elected by secret ballot at a joint meeting of the House of Representatives and seven Regional Legislators of each Region elected for the purpose of electing the President (hereafter in this section referred to as an "election meeting"); and each member of the election meeting shall be entitled to a single vote in each ballot for the election of the President taken at such a meeting (hereafter in this section referred to as a "presidential ballot").

(3) An election meeting shall be held so as to begin-(a) if the President continues in office, after the beginning of the period of four months ending with the date when his/her term of office would expire by the effluxion of time, during the first three months of that period,(b) in any other case, during the period of three months beginning with the date when the office of the President becomes vacant, and shall be held at such place and shall begin on such date as the President or the person performing the functions of the President shall specify by order published in the Gazette of the Federation.

4) A person shall not be a candidate in a presidential ballot unless he/she is nominated for election or re-election as the President by a document which-(a) is signed by him/her and by three or more members of parliament, and(b) is served before the ballot is ordered on the person presiding at the election meeting at which the ballot is taken.

(5) If in a Presidential ballot there is only one candidate, he/she shall be declared elected if the number of votes which he/she receives is greater than half of the number of all the number of all the members of election meeting

(6) If in a presidential ballot there are two or more candidates and the number of votes which one candidate receives is not less than two-third

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soft he number of all the members of election meeting, that candidate shall be elected

(7) If in a Presidential ballot-(a) there are three or more candidates and(b) none of the candidates is declared elected and(c) one of the candidates receives a smaller number of votes than each of the others that OI1e of the candidates shall not be a candidate in any subsequent presidential ballot ordered at the same election meeting

(8) If in a Presidential ballot-(a) the conditions specified by paragraphs (a) and (b) of subsection (7) of this section are satisfied, but the condition specified by paragraph (c) of that subsection is not and(b) two of the candidates each receives the same number of votes and that number. smaller than the number of votes received by the other candidate or each of the other candidates, as the case may be a ballot shall forthwith be taken for the purpose of determining which of the two shall be treated for the purposes of the said subsection (7) as the candidate mentioned in paragraph (c) of that subsection; and the candidate who receives the smaller number of the votes cast in that ballot shall be so treated and that subsection shall apply accordingly

(9) Wherein a ballot taken in pursuance of subsection (8) of this section each candidate would, apart from this subsection, be treated as receiving the some number of votes, the parson presiding at the election meeting when the ballot is ordered shall have a second or casting vote

(10) If in a presidential ballot no candidate is declared elected, a further presidential ballot shall be taken at the same election meeting and the ejection meeting shall continue until a candidate is declared elected in a presidential ballot taken at that meeting but may be adjourned from time to time for not more than two days exclusive of the days on which and to which it is adjourned

(11) An instrument which-(a) is executed under the hand and seal of the person who was or purported to act as the person presiding at an election meeting at the time of a presidential ballot and(b) states that a parson named in the instrument was declared elected at that meeting as the President of the Federal Republic of Nigeria in consequence of that ballot shall be conclusive evidence that the parson so named was elected

32-(1)A person shall hold office as the President for the period of four years beginning with the day on which he/she was elected as President or where he/she or another person holds office as the President on that

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day beginning with the day next following the date on which that office next becomes vacant

(2) The office of Presidents hall become vacant-(a)on the expiration of the period mentioned in subsection(1) of this section or(b) if the incumbent dies or resigns the office or ceases to hold office in pursuance ofsection34 of this Constitution

(3) When a person takes office as the President any other public office held by him/her shall become vacant and while a person continues in official as the President he/she shall bed is qualified for any other public office.

In this subsection, -public office- means office as a President, speaker or member of a legislative house of the Federation or a Region, any office of emolument under the state and any paid appointment as a member or employee of a body corporate established directly by any law in force in Nigeria.

33.(1) A person elected as the President shall not begin to perform the functions of that office until he/she has taken and subscribed to the oath of allegiance and such oath for the due performance of those functions as may be prescribed by Parliament.

(2) The oaths aforesaid shall be administered by the Chief Justice of Nigeria or the person for the time being appointed to exercise the function of the Chief Justice.

34.(1) The President shall cease to hold office if a motion for his/her removal from office is declared to be passed in accordance with the provisions of this section.

(2) if (a) notice in writing is given to the Speaker of Parliament of a motion that the President is guilty of misconduct in the performance of the functions of his/her office or is unable to perform those functions; and(b) the notice is signed by not less than one quarter of all the members of Parliament. Speaker of Parliament shall, by order published in the Gazette of the Federation, forthwith convene a meeting of Legislators as in section 31 (2).

(3) A meeting convened in pursuance of subsection (2) of this section shall be held at such place as may be specified by the order convening the meeting and shall begin on such date as may be so specified, not being before the expiration of the period of seven days or after the expiration of the period of fourteen days beginning with the date of publication of the order.

(4) A meeting convened as aforesaid shall not without the leave of the person presiding at the meeting consider any matter other than the motion for which the meeting is convened and shall not debate the motion; and the person presiding at the meeting shall, after declaring

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the meeting to be open, forthwith direct a vote to be taken on the motion and shall-

(a) if two-thirds or more of the vote cast on the motion are cast in favour of the motion, declare the motion to be passed; and

(b) in any other case, declare the motion to be defeated.

(5) Where a motion is declared to be passed in pursuance of subsection (4) of this section, a committee consisting of Legislators as defined in section 31(2) shall be set up to investigate the conduct of the President and to report on it to the election meeting within a period of three months beginning with the date on which the motion was passed, and the President shall be entitled to appear in person and to be represented before the committee and the constitution, powers and procedure of the Committee (including the mode of reporting to parliament) shall be in accordance with provision in that behalf made by an Act of Parliament.

(6) The report made to the election meeting as already defined shall state whether the committee finds the President guilty of misconduct in performing the functions of his/her office or finds him/her unable to perform those functions; and where the report includes a statement that the committee finds the President guilty as aforesaid or unable to perform those functions, the Speaker of Parliament shall, by order published in a Gazette of the Federation, forthwith convene a meeting of legislators as defined in section 31 (2) to consider a motion for the removal of the President in office, and the provisions of subsection (3) of this section shall apply in relation to the meeting as they apply in relation to such a meeting as is mentioned in that subsection.

(7)A meeting convened in pursuance of subsection (6) of this section shall not without the leave of the person presiding at the meeting consider any business other than the motion mentioned in that subsection; and the person presiding at the meeting shall, after permitting the motion to be debated during such period as he/she thinks fit, direct a vote to be taken on the motion and shall-

(a) if the number of the votes cast in favour of the motion is not less than two-thirds of the member of the election meeting as defined by section 31 (2) declare the motion to be passed;

(b) in any other case, declare the motion to be defeated.

(8) Where a motion is declared to be passed in pursuance of subsection (4) of this section, the President shall not exercise any of the functions of his/her office during the period beginning with the time of the declaration and ending

(a) where the report mentioned in subsection (6) of this section does not include such a statement as is mentioned in that subsection, with the

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time of the presentation of the report to the election meeting as defined in section 31(2).

(b) Where the report includes such a statement, with the time of the subsequent declaration made in pursuance of subsection (7) of this section, but nothing in this subsection shall affect the entitlement of the President to the emoluments of his/her office during that period.

(9) For the purpose of Subsection (2) of this Section, relating to misconduct, the willful disobedience of a court order by the President or any person acting under this direction shall be a misconduct and so a ground for removal from office provided that Proceedings on this ground shall not commence before the expiration of 60 days from the date on which the order was served and there is no order from an appellate court reversing or staying the execution of the order.

35.(1) During any period while-(a) the office of President is vacant; or(b) the President is absent from Nigeria or is, in the opinion of the Prime Minister, unable to perform the functions of his/her office by reason of his/her illness; or(c) the President is prohibited by section (8) of section 34 of this Constitution from exercising those functions, the functions of that office shall, subject to the following provisions of this section, be performed by the Speaker of Parliament.

(2) During any period while the Speaker is, in the opinion of the Prime Minister, unable to perform the functions conferred on him/her by subsection (1) of this section, those functions shall, subject to subsection (3) of this section, be performed by the Deputy Speaker of the House of representatives.

(3) During any period of which the Deputy Speaker of the House of Representatives is, in the opinion of the Prime Minister, unable to perform the functions conferred on him/herby subsection (2) of this section, those functions shall be performed by such person as the Council of Ministers may appoint an order published in the Gazette of the Federation: and an order under this subsection may be revoked by a subsequent order there under.

(4) the President shall not be absent from Nigeria except with agreement of the Council of Ministers.

36. Subject to the foregoing provisions of this Chapter, the procedure of any election meeting held in pursuant of those provisions (including the procedure of counting votes and for declaring that individual votes are void) shall be in accordance with provision in that behalf made by an Act of parliament.

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CHAPTER VPARLIAMENT

Part 1. Composition of Parliament

37. There shall be a Parliament of the Federation, which shall be called House of Representatives.

38 Without prejudice to the provisions of section 42 and 83 of this Constitution, the House of representative shall consist of the number of constituencies delineated by the competent Authority, subject to the provisions of section 46 of this Constitution.

39. The size of each constituency shall be as prescribed under section 46 of this Constitution.

40. Subject to the provisions of section 45 of this Constitution-A person shall be qualified for election as a member of House of Representatives if he/she is a citizen of Nigeria and has attained the age of 18 years

41(1) No person shall be qualified for election to the House of Representatives-(a) if he/she has voluntarily acquired citizenship of a Country other than Nigeria or, except in such cases as may be prescribed by Parliament, has made a declaration of allegiance to such a country.(b) if under any law in force in any part of Nigeria he/she is adjudged to be a lunatic or otherwise declared to be of unsound mind;(c) if he/she is under a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by a court or substituted by competent authority for some other sentence imposed on him/her by a court;(d) if he/she is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria;(e) save as otherwise provided by a Parliament, if he/she is a member of the public . service of the Federation or the public service of a Region, a member of the armed forces of the Federation or the holder of any other office of emolument under the State; or(f) if he/she is an ex-officio member of Parliament or a legislative house of a Region.(g) If he/she resigns from or joins another party other than political party on which platform he/she was elected into the parliament.

(2) Parliament may provide that a person shall not be qualified for election to the House of Representatives for such period (not exceeding five years) as may be prescribed If he is convicted by any court of law in Nigeria of such offences connected with the election of members of Parliament or a legislative house of a Region as may be prescribed.

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(3) Parliament may provide that a person disqualified under paragraph (c) of subsection (1) of this section by reason of his being under a sentence of imprisonment exceeding six months for any such offence (being an offence that appears to parliament to involve dishonesty) as may be prescribed, or by reason of his being under sentences of imprisonment that include such a sentence for any such offence, shall not be disqualified for election to the House of Representatives for such period from the date on which he ceases to be disqualified under that paragraph (not exceeding five years) as may be prescribed.

(4) Parliament may provide that a person who is the holder of any office the function of which involves responsibility for, or in connection with, the conduct of any election to the House of Representatives or compilation of any register of voters for the purpose of such an election shall not be qualified for election to that House.

(5) Parliament may, in order to permit any person who has been adjudged to be a lunatic, declared to be of unsound mind, sentenced to imprisonment or adjudged or declared bankrupt to appeal against the decision in accordance with any law in force in Nigeria, provide that, subject to such condition as may be prescribed, the decision shall not have effect for the purposes of subsection (1) of this section until such time as may be prescribed.

(6) For the purposes of paragraph (c) subsection (1) of this section, two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, but if any of those sentences exceeds that term they shall be regarded as one sentence.

(7) For the purpose of paragraph (e) of Subsection (1) of this Section, the office of the speaker or Deputy Speaker of the House of Representatives, a member of the House of representatives, a minister of the Government of the Federation, a parliamentary Secretary to such a minister, a member of the Council of Ministers, the head or the Deputy head of the legislative house of a Region, a member of such a Legislative House, a Minister of the Government of a Region, a parliamentary Secretary to such a Minister, a member of the Executive Council of a Region, a member of any such body corporate as is referred to in subsection (10) of this section shall not be regarded as an office emolument under the state.

(8) Save as otherwise provided by parliament, a person shall not be regarded disqualified for election as a member of the House of Representatives under paragraph ( e ) of subsection ( 1) of this section by reason only that he/she holds office as a member of a statutory corporation.

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(9) If a person who holds office as a member of a statutory corporation is elected as a member of the House of Representatives he/she shall, unless it is otherwise provided by Parliament, thereupon cease to hold office as a member of that corporation.

(10) In this section the expression "statutory corporation" means any body corporate established directly by any law in force in Nigeria.

42.(1) There shall be as Speaker of the House of Representatives, who shall be elected by the members of that house.

(2)No person shall be elected as Speaker of House of Representatives unless he/she is a member of the House or a person who is qualified for election in any part of Nigeria as a member of the House.

(3)The Speaker of the House of Representatives shall vacate his/her office-(a) if he/she ceases to be a member otherwise than by reason of dissolution of Parliament.(b) When the House first sits after any dissolution of Parliament;(c) if he/she becomes a Minister of the Government of the Federation or a Parliamentary Secretary to such Minister; or(d) if he/she is removed from office by a resolution of the House supported by the votes of two-thirds of all the members of the House.

(4) No business shall be transacted in the House of Representatives (other than an election to the office of the Speaker) at any time when that office is vacant.

(5) Subject to the provision of section 44 of this Constitution, the Speaker shall be a member of the House of Representatives by virtue of this subsection if he is not such a member apart from this subsection.

43.(1) A Minister of the Government of the Federation may attend and take part in the proceedings of Parliament notwithstanding that he/she is not a member of that House.

(2)Nothing in this section shall entitle any person who is not a member of a House of Parliament to vote in that House or any of its committees.

140-(1) The Chief Judge of the Federal Capital Territory and the other judges of the High Court of the Federal Capital Territory shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.

(2) A person shall not be qualified to hold the office of a judge of the High Court of the Federal Capital Territory unless he/she is qualified for admission as a legal Practitioner in Nigeria and he/she has been so qualified for not less than ten years.(3) If the office of Chief Judge of Federal Capital Territory is vacant or if the person holding the office is for any reason unable to perform the function of his/her office, then, until a person has been appointed to and has assumed

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the functions of that office or until the person holding the office has resumed those functions, as the case may be, those functions shall be performed by such one of the other judges of the High Court of the Federal Capital Territory as may from time" to time be designated in that behalf by the President, acting in accordance with the advice of the Judicial Service Commission.(4) If the office of any judge of the High Court of the Federal Capital Territory other than the Chief Judge is vacant or if the person holding the office is acting as Chief Judge or is for any reason unable to perform the functions of his/her office, the President, acting in accordance with the advice of the Judicial Service Commission, may appoint a person with such qualifications as prescribed by Parliament to act in the office of a judge of the High Court: and nay person so appointed shall continue to act for the period of the appointment or if no period is specified until his/her appointment is revoked by the President, acting in accordance with the advice of the Prime Minister.141.-(1) Subject to the provisions of this section, a person holding or appointed to act in the office of Chief Judge of Federal Capital Territory or any other judge of the High Court of Federal Capital Territory shall vacate his/her office or appointment when he/she attains such age as may be prescribed by Parliament, provided that the president, acting in accordance with the advice of the Prime Minister, may permit a judge to continue in his/her office or appointment for such period after attaining that age as may be necessary to enable him/her to deliver judgment or to do any other thing in relation to proceedings that were commenced before he/she attained that age .(2) A person holding or appointed to act in the office of a judge of the High Court of the Federal Capital Territory shall be removed from his/her office or appointment by the President if: -(a) there are presented to the President addresses from the Parliament praying that that person De so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body or any other cause) or for misbehaviour; and(b) the address from each House bears a certificate which is signed by the person who presided at the meeting of that House at which the motion for the address was passed and which states that not less than two-thirds of all the members of that House voted in favour of the motion; and except on the revocation in pursuance of section 123 of this Constitution of an appointment to act as aforesaid, a person holding or appointed to act in such an office shall not be removed from his/her office or appointment in any other circumstances.142.-.(1) An appeal shall lie from decisions of a-subordinate court to the High Court of FCT as of right if it is provided by Parliament that an appeal as of right shall lie from that subordinate court to another subordinate court, an appeal shall thereafter lie to the High

Court as of right in the following cases---(a) where the matter in dispute on the appeal to the High Court is of the value of fifty thousand Naira or upwards or where the appeal involves directly or)

33

indirectly a claim to or question respecting property or a right of the value of fifty pounds or upwards, final decisions in any civil proceedings;(b) where the ground of appeal to the High Court involves questions of law alone, decisions in any criminal proceedings I which any person has been sentenced to imprisonment for a term exceeding three months or corporal punishment exceeding six strokes or a fine or forfeiture exceeding twenty-five pounds by the subordinate court from which the appeal lies to the High Court or that subordinate court has affirmed or substituted such a sentence;(c) decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution or the constitution of a Region ;(d) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter III of this Constitution has been contravened in relation to any person;(e) decisions in any criminal proceedings in which any person has been sentenced to life imprisonment by the subordinate court from which the appeal lies to the High court or in which that subordinate court has affirmed a life sentence.;(f) decisions in any other criminal proceedings before a subordinated court at first instance from which no appeal lies as of right to another subordinate court; and(g) such other cases as may be prescribed by Parliament, provided that no appeal shall lie from decisions of a subordinate court established under section 143 of this Constitution to the High Court in any case in which an appeal lies as of right to the Supreme Court by virtue of any Act of Parliament enacted in pursuance of section 136 of this Constitution.(2) An appeal shall lie from decisions of a subordinate court to the High Court of Federal Capital Territory with the leave of that High Court or, if it is provided by Parliament that an appeal shall lie from that subordinate court to another subordinate court, an appeal shall thereafter lie to the High Court with the leave of the High Court in the following cases---(a) decisions in any criminal proceedings from which no appeal lies as of right to the High Court ; and(b) such cases in which no appeal lies as of right to the High Court as may be prescribed by Parliament, provided that no appeal shall lie under paragraph (a) of this subsection from decisions of a subordinate court established under section 126 of this Constitution to the High Court in any case in which an appeal lies to the Supreme Court (whether as of right or with the leave of the Supreme Court) by virtue of an Act of Parliament enacted under section 136 of this Constitution.(3) Any right of appeal from decisions of a subordinate court to the High Court of Federal Capital Territory conferred by this section---(a) shall be exercisable in the case of civil proceedings at the instance of a party thereto or, with the leave of the High Court, at the instance of any other person having an interest in the matter and in the case of criminal proceedings at the instance of the accused person or, subject to the provisions of section

34

99 of this Constitution, at the instance of such other persons or authorities as may be prescribed by Parliament; and(b) shall be exercised in accordance with any laws and rules of court for the time being in force regulating the powers, practice and procedure of the High Court.(4) In this section--- "decision" means, in relation to a subordinate court, any(b) the circumstances and manner in which, and the conditions upon which, any such application may be made; and(c) the powers, practice and procedure of the competent High Court in relation to such application.(3) In this section "the competent High Court" means, in relation to a person who has been elected a member of the House of Representatives, the High Court of that Region and in relation to a person elected to Represent the Federal Capital Territory, the High Court of the Federal Capital territory.49.-( 1) There shall be a Clerk to the House of Representatives(2) Subject to the provisions of any Act of Parliament, the office of the Clerk of Parliamentand the staff shall be an office in the Public Service of the Federation.Part 2. --Procedure in Parliament50. Every member of the Parliament shall, before taking his seat in that House, take and subscribe before the House the oath of allegiance, but a member may before taking that oath take part in the election of a Speaker of the House of Representatives, provided that if Parliament is not sitting, a member of the House may take and subscribe to the oath of allegiance before a judge of the High Court of the Federal Capital Territory.51 The Parliament shall not be subjected to the direction or control of other person or authority; to this extent, the Parliament shall be independently funded from the Federation Account.52-( 1) There shall preside at any sitting of the House of Representative(a) the Speaker; who shall be elected by members.(b) in the absence of the Speaker, the Deputy Speaker; or(c) in the absence of the Speaker and the Deputy Speaker, such member of the House as the House may elect for that purpose.(2) The House of Representatives may from time to time elect a member of the Houseto be Deputy Speaker and any other person so elected shall hold office as such until he/she ceases to be a member of the House or is removed from office by the House.53. If objection is taken by any member of Parliament present that there are present in that House (besides the person presiding) fewer than one-third of all the members of that House and, after such interval as maybe prescribed in the rules of procedure of the House,the person presiding ascertains that the number of members present is still less than one-third of all the members of the House, he/she shall thereupon adjourn the House.

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54. The business of Parliament shall be conducted in English.55.-(1) Any question proposed for decision in the Parliament shall be determined by the \ required majority of the members present and voting; and the person presiding shall cast a F vote whenever necessary to avoid an equality of votes but shall not vote any other case full number of members and not only of the number that formed a quorum.(2) Save as otherwise provided in this Constitution, the required majority for the purposes of determining any question shall be a simple majority of all the members of thehouse and not just of the number that formed a quorum.(3) The rules of procedure of a House of Parliament may provide that the vote of a member upon a question in which he/she has a direct pecuniary interest shall be disallowed.56. Any person who sits or votes in the Parliament knowing or having reasonable ground for knowing that he/she is not entitled to do so shall be liable to a penalty not exceeding two hundred Thousand Naira or such other sum as may be prescribed by Parliament for each day on which he/she sits or votes in that House, which shall be recoverable by action in the High Court of the Federal Capital Territory at the suit of any Nigerian Citizen. No decision of the House shall be invalidated solely on account or the Participation or voting by such an unqualified person as referred to in this Section except it can be shown that but for the voteof such a person the decision could have been otherwise.57.- (1) The power of Parliament to make laws shall be exercised by bills passed by the House of Representatives and assented to by the President.(2) All bills may originate from the Parliament(3) When a bill has been passed by the Parliament, it shall be presented to the President for assent-(4) When a bill is presented to the President for assent, he/she shall signify that he/sheassents or that he/she withholds assent.(5) Where the President withholds his/her assent and the bill is again passed by theHouse by two-thirds majority, the bill shall become law and the assent of the President shall not be required.58. Where the President withholds his/her assent and the bill fails at the second passagefor lack of the requisite two-thirds majority, then that bill shall not again be presented earlier than six months after the date of that failure.59 (1) Except upon the recommendation of the President signified by a Minister of theGovernment of the Federation, the House of Representatives shall not(a) proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes--(i) the imposition of taxation or the alteration of taxation otherwise than by

36

reduction;(ii) the imposition of any charge upon the Consolidated Revenue Fund or any other public fund of the Federation or the alteration of any such charge otherwise than byreduction;(iii) the payment, issue, or withdrawal form the Consolidated Revenue Fund or any other public fund of the Federation of any moneys not charged thereon or any increase in the amount of such a payment, issue or withdrawal; or(iv) the composition or remission of any debt due to the Federation(b) proceed upon any motion (including any amendment to a motion the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes; or(c) receive any petition that, in the opinion of the person presiding, requests that provision be made for any of those purposes.(4) This section does not apply to any bill for the purposes of section 4 of thisConstitution.60.- (1) Subject to the provisions of this Constitution, the Parliament may regulate its ownprocedure.(2) The Parliament may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets after any dissolution of Parliament) 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.61. Without prejudice to the generality of section 170 of this Constitution in this part of this Chapter "money bill" means a bill that in the opinion of the Speaker of the House of Representatives contains only provisions dealing with---(a) the imposition, repeal, remission, alteration or regulation of taxation;(b) the imposition for the payment of debt or other financial purposes of charges on the Consolidated Revenue Fund or any other public fund of the Federation or the variation or repeal of any such charges;(c) the grant of money to the state or to any other person or authority or the variation or revocation of any such grant;(d) the appropriation, receipt, custody, investment, issue or audit of accounts of public money;(e) the raising or guarantee of any loan or the payment thereof; or subordinate matters incidental to any of those matters, provided that the expressions "taxation", "public money" and "loan" do not include any taxation, money or loan raised by local authorities or bodies for public purposes.

Part 3 Summoning, prorogation and dissolution62. Each session of Parliament shall be held at such place within Nigeria and shall begin at such time (not later than twelve months from the end of the preceding session if Parliament has been prorogued or three months from the end of that session if Parliament has been dissolved) as the President shall appoint.

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63.-( 1) The President may at any time prorogue or dissolve Parliament.(2) Subject to the provisions of subsection (3) of this section, Parliament, unless sooner dissolved, shall continue for four years from the date of its first sitting after any dissolution and shall then stand dissolved.(3) At any time when the Federation is at war, Parliament may from time to time extend the period of four years specified in subsection (2) of this section for not more than six months at a time:Provided that the life of Parliament shall not be extended under this subsection for more than two years.(4) In the exercise of his/her powers to dissolve Parliament the President shall act in accordance with the advice of the Prime Minister, so however that if the Prime Minister recommends a dissolution in a case not falling within subsection (5) of this section and the President considers that the government of the Federation can be carried on without a dissolution and that a dissolution would not be in the interests of the Federation he/she may refuse to dissolve Parliament.(5) The President shall dissolve Parliament---(a) if the House of Representatives passes a resolution that it has no confidence in the Government of the Federation and within the period of three days beginning with the day on which the resolution is passed the Prime Minister does not resign or recommend a dissolution or does recommend a dissolution;(b) if the office of Prime Minister is vacant and the President considers that there is no prospect of his/her being able, within a reasonable time, to appoint to that office a person who can command the support of the majority of the members of the House of Representatives.

Part 4.-- Legislative powers64.-(1) Parliament shall have power to make laws--(a) for the peace, order and good government of Nigeria (other than the Federal Capital Territory) or any part thereof with respect to any matter included in the Legislative List and(b) for the peace, order and good government of the Federal Capital territory with respect any matter, whether or not it is included in the Legislative List.(2) The power of Parliament to make laws for the peace, order and good government of the Regions with respect to any matter included in the Exclusive Legislative List shall (save as provided in section 73 of this Constitution) be to the exclusion of the legislatures of the Regions, provided that nothing in this subsection shall preclude the legislature of a Region from making provision for grants or loans from or to the imposition of charges upon any of the public funds of that Region or the imposition of charges upon the revenues and asset as of that Region for any purpose notwithstanding that it relates to a matter included in the Exclusive Legislature List.(3) In addition and without prejudice to the powers conferred by subsection ( 1) of this section, Parliament shall have the powers to make laws conferred

38

by sections 5, 65, to 69, 75 to 78 and 133 of this Constitution (which relate to matters not included in the Legislative Lists).(4) If any law enacted by the legislature of a Region is inconsistent with any law validly made by Parliament, the law made by Parliament shall prevail and the Regional law shall, to the extent of the inconsistency, be void.(5) Subject to the provisions of subsection (4) of this section, nothing in this section shall preclude the legislature of a Region form making laws with respect to any matter that is not included in the Exclusive Legislative List.65.-( 1) Parliament may at any time make such laws for Nigeria or any part thereof with respect to matters not included in the Legislative Lists as may appear to Parliament to be necessary or expedient for the purpose of maintaining or securing peace, order and good government during any period of emergency.(2) Any provision of law enacted in pursuance of this section shall have effect only during a period of emergency: provided that the termination of a period of emergency shall not affect the operation of such a provision of law during that period, the validity of any action taken thereunder during that period, any penalty or punishment incurred in respect of any contravention thereof or failure to comply therewith during that period or any proceeding or remedy in respect of any such penalty or punishment.(3) In this section "period of emergency" means any period during which--- (a) the Federation is at war;(b) there is in force a resolution passed by the Parliament declaring that a state of public emergency exists; or(c)there is in force a resolution of the Parliament supported by the votes of not less than two-thirds of all members of the House declaring that democraticinstitutions in Nigeria are threatened by subversion.(4) A resoluti9n passed by the Parliament for the purposes of this action shall remain in force for twelve months or such shorter period as may be specified therein, provided that any such resolution may be revoked at any time or may be extended from time to time for further period not exceeding twelve months by resolution passed in like manner.(5) The powers of the President to declare a State of emergency in any part of the Country shall be executed under the control of the Parliament according to this Section and where the emergency is of the nature that a prior Parliamentary approval is impracticable, then (i) where the parliament is in session, the approval by way of Parliamentary Resolution must be obtained within ten days, failing which the emergency shall be lifted pending such resolution. (ii) where the parliament is not in session, within ten days of the resumption of sitting.66.-(1) During any period in which there is in force a resolution of the Parliament supported by the votes of not less than two-thirds of all the members of that House declaring that the executive authority of a Region is being exercised in contravention of section 81 of this Constitution, Parliament may make laws for that Region with respect to matters not included in the

39

legislative list to such extent as may appear to Parliament to be necessary for securing compliance with the provisions of that section .(2) A resolution passed by the Parliament for the purposes of this section shall remain in force for twelve months or such shorter period as may be specified therein, provided that any such resolution may be revoked at any time or may be extended from time to time for a further period not exceeding twelve months by resolution passed in like manner.(3) Upon the expiration of any period during which there were in force resolutions of the Parliament passed for the purposes of this section, any provision of any law in pursuance of this section shall cease to have effect:, provided that the termination of any such period shall not affect the operation of such a provision of law during that period, the validity of any action taken thereunder during that period, any penalty or punishment incurred in respect of any contravention thereof or failure to comply therewith during that period or any proceeding or remedy in respect of such penalty or punishment.67.-(1) Parliament may at any time when there is in force a law enacted by the legislature of a Region conferring authority upon Parliament to do so make laws for that Region with respect to a matter not included in the legislative list.(2) If any law enacted by the legislature of a Region conferring authority upon Parliament for the purposes of this section ceases to have effect, then any provision of law enacted by Parliament, to the extent to which it was enacted in pursuance of that authority, shall thereafter have effect as if it had been enacted by the legislature of that Region and may be amended or repealed accordingly.68. Parliament may make provision for grants and loans from and the imposition of charges upon the Consolidated Revenue Fund or any other public fund of the Federation or for the imposition of charges upon the revenues and assets of the federation for any purpose, notwithstanding that it relates to a matter not included in the legislative list.69. Parliament may make laws for Nigeria or any part thereof with respect to matters not included in the legislative list for the purpose of implementing any treaty, convention or agreement between the Federation and any other country or any arrangement with or decision of an international organization of which the Federation is a member:Provided that any provision of law enacted in pursuance of this section shall not come into operation in a Region unless the Governor of that Region has consented to its having effect.70.-(1) Subject to provisions of this section, Parliament may make laws for Nigeria or any part thereof with respect to titles of honour, decorations and other dignities.(2). Any such law providing for the award of a title decoration or other dignity shall confer the power to make the award upon the president; and in the exercise of any such power the President shall act in accordance with the advice-

40

(a) in the case of an award in respect of services to a region, of the Premier of the Region;(b) in any other case, of the Prime Minister.(3). The powers conferred on Parliament by subsection (1) of this section shall not extend to the dignity of a chief.(4) Except with the prior consent of the President, -(a) a person who is a citizen of Nigeria ; and(b) any other person who is a member of the public service of the Federation or a Region or the armed forces of the Federation, shall not accept a title of honor, decoration or other dignity (other than a distinction conferred by, or attaching to an award or appointment made by an educational, professional or scientific body) from an authority of a country.71.-(1) Parliament may make laws for Nigeria or any part thereof with respect to taxes on the income and profits of companies.(2) Parliament may make laws for Nigeria or any part thereof with respect to Taxes on income and profits other than the income and profits of Companies for the purpose of --(a) implementing any treaty, convention or agreement between the Federation and any other country or any arrangement with or decision of an international organization of which the Federation is a member with respect to taxes on income and profits;(b) securing uniform principles for the taxation of income and profits accruing to persons in Nigeria from countries other than Nigeria and of income and profits derived by persons outside Nigeria;( c) securing uniform principles for the computation of income and profits of all persons (including members of partnerships) for purpose of assessment of tax and for the treatment of losses, depreciation of assets and contributions to pension or provident funds or schemes;(d) regulating the liability to tax of persons within Nigeria by reference to their places of residence or otherwise for the purpose of ensuring that any income or profit does not bear tax under the laws of more than one territory;(e) providing, in pursuance of any arrangement in that behalf subsisting between the Government of the Federation and the Government of a Region, for the exemption from liability to tax in respect of all or part of the income or profits of any person or class of persons;(f) obtaining information with respect to income or profits from any source and providing for the exchange of information between different tax authorities; and (g)providing, in pursuance of any arrangement in that behalf subsisting between the Government of the Federation and the Government of a Region, for the establishment and regulation of authorities empowered to promote uniformity of taxation and to discharge such other functions relating to the taxation of income and profits as may be conferred upon them in pursuance of any such agreements.

41

(3) Parliament may make laws for Nigeria or any part thereof with respect to taxes on the estates of deceased persons and the succession to their property for the purpose of ensuring that any estate or part thereof does not bear tax under the laws of more than one Region.(4) The powers conferred upon Parliament by subsections (2) and (3) of this section shall not extend to the imposition of any tax or penalty or the prescribing of rates of tax or personal allowances and relief.(5) Nothing in subsections (2) and (3) of this section shall preclude the legislature of a region from making laws with respect to the matters referred to in those subsections.(6) In this section references to the income and profits of companies are references to the income and profits of any company or other corporation (other than a corporation sole) established by or under any law in force in Nigeria or elsewhere but do not includereferences(a) to the income and profits of any body corporate established by the laws of a Region or a State or Federal Capital Territory or Local Government.(b) to the income and profits of any purchasing authority established by the legislature of a region and empowered to acquire any commodity in that Region for export from Nigeria derived from the purchase and sale (whether for purposes ofexport or otherwise) of that commodity; or(c) to the income or profits of any corporation established by the legislature of a Region for the purpose of fostering the economic development of that Region, not being income or profits derived from a trade or business carried on by that corporation or from any share or other interest possessed by that corporation in a trade or business in Nigeria carried on by some other person or authority.72.-(1) Parliament may make laws for Nigeria or any part thereof with respect to trade and commerce between Nigeria and other countries and trade and commerce among the territories, including (without prejudice to the generality for the foregoing power) the export of commodities from Nigeria, the import of commodities into Nigeria, the establishment and enforcement of grades and standards of quality for commodities to be exported from Nigeria and the preservation of freedom of trade and commerce among the territories.(2) For the purposes of this section Parliament may--(a) confer on any person or authority exclusive power to acquire from a purchasing authority established for a Region by the legislature of that Region any commodity for export from Nigeria, to export any commodity from Nigeria or to sell any commodity outside Nigeria;(b) make provision for the inspection of commodities to be exported from Nigeria at the port of shipment from Nigeria and for the enforcement of grades and standards of quality in respect of commodities so inspected.

(3) The powers conferred upon Parliament by this section shall not include powers-

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(a) to establish a purchasing authority for a Region;(b) to confer on any person or authority power to acquire in a Region any commodity for export from Nigeria from any person or authority in that Region other than a purchasing authority established for that Region by the legislature of a Region;(c) to regulate the prices to be paid by a purchasing authority established by the legislature of a Region for commodities for export;(d) to regulate or prohibit in a Region any processing of a commodity to be exported or any dealing with such other than its export from Nigeria; or(e) to make provision for the enforcement in a Region of any grades or standards of quality for commodities to be exported from Nigeria that may be established by Parliament.(4) Nothing in this section shall be construed as precluding the legislature of a(a)Nothing in this section shall for any of the matters referred to in subsection (3) of this section; or(b)From conferring upon any purchasing authority of the Region power to acquire any commodity in the Region for purposes other than export from N~.(5) In this section "purchasing authority" means, in relation to a Region, any person or authority empowered to purchase commodities for export in that region .73.-(1) Parliament may make laws for Nigeria or any part thereof with respect to banks and banking.(2) Not in this section shall preclude the legislature of a Region from establishing an authority the purpose of carrying on (subject to and in compliance with any Act of Parliament from the time being in force and in particular any Act relating to banks and banking) the busi1ess of banking in Nigeria or elsewhere or from making such provision for the constitution of that authority and regulating the performance by that authority of its function as is consistent with any Act of Parliament.74.-(1) Parliament may make laws for Nigeria or any part thereof with respect to electricity, gas, provided that nothing in this subsection shall preclude the legislature of a Region from making laws for that Region with respect to those matters.(2) The power conferred on Parliament by this section shall not include powers (a) to prohibit or restrict the establishment by or on behalf of the Government of aRegion of an agency frx the manufacture, distribution or supply of electricity, gas and petroleum prodtx:ls in that Region; or(b) to reg(jate the production, distribution or supply of electricity, gas and petroleum JX'oducls by the Government of a Region or any such agency.(3) In this secIXx1"gas" includes natural gas.75. Parliament may make laws for Nigeria or any part thereof establishing and regulating authoriOOs frxthe FecEration with power(a) to actni1istertrusts; or(b) to apply for grants of representation in respect of the estates of deceased persoos and to administer such estates,: provided that nothing in this section

43

shall p8CkJde ~ ~ of a Region from making provision for similar authorities for that Region.76. Parliament may make laws for Nigeria or any part thereof establishing and regulating ~ b ~ Fe<k!ratjon with power to carry out censorship of cinematograph films . .-1d to prohibit or resbict the exhibition of such films, provided that nothing in this section shal predude the legislature of a Region from making provision for similar authorities for that RegK>n.77. Parliament may, for the purpose of implementing any agreement between the Government of ttM! federation and any person relating to mining or matters connected therewith.1XoWE frxexernpting that person in whole or part from liability for any tax or rate imposed by orurm a lawenacted by the legislature of a Region with respect to any matter oot i1dude i1 ttM! Legislative List, :provided that no person shall be granted any exemption in JXJ~ of this section without prior consultation between the Government of the

Federation and the Government of the Region concerned.78. Parliament may make laws for Nigeria or any part thereof with re ence in regard to matters not included in the Legislative List. provided that liament enacted in pursuance of this section shall have effect in relation to a Iy to an eJctent that provision in that behall is not made by the legislature of that

CHAPTER VIEXECUTIVE POWERS

79,(1) The executive authority of the Federation shall be vested inthe subject to the provisions of this Constitution. may be exercised by the Pri r other Ministers directly or through other officers of Government (2) Nothing in this section shall prevent Parliament from co f ions on persons or authorities other than the President80. The executive authority of the Federation shall extend to n and maintenance of this Constitution and to all matters with respect to which has for the time being power to make laws.81. The executive authority of a Region shall extend to the execution and maintenance of the constitution of the Region and to all matters with respect to which the legislature of the Region has for the time being power to make laws being matters not listed in the ExclusiveLegislative List Schedule II of this Constitution or where listed to the extent of the powers .granted the Regions therein but shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation or to endanger the continuance of federal government in Nigeria, except where valid legal steps has been taken by a Region to advance and actualize self- determination as provided in section 4 subsection (8) of this Constitution.82.-(1) There shall be a Prime Minister of the Federation who shall be appointed by the President.

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(2) Whenever the President has occasion to appoint a Prime Minister he shall appoint a member of the House of Representatives who appears to him likely to command the support of the majority of the members of the House.(3) There shall be, in addition to the office of the Prime Minister, such other offices of Minister of the Government of the Federation as may be established by this Constitution or by Parliament or, subject to the provisions of any Act of Parliament, by the President, acting in accordance with the advice of the Prime Minister.(4) Appointments to the office of Minister of the Government of the Federation other than the office of Prime Minister shall be made by the president, acting in accordance with the advice of the Prime Minister.(5) A person shall not hold office at the same time both as a Minister of the Government of the Federation and as a Minister of the Government of a Region.(6) A person who holds office as a Minister of the Government of the Federation for any period of four consecutive months without also being a member of the House of Representatives shall cease to be a Minister at the expiration of that period or, if that period expires at a time when Parliament is dissolved and he does not in the meantime become a

member of the House of Representatives, at the date on which Parliament first meets after that dissolution .(7) A person who holds office as a Minister of the Government of the Federation and who is at no time while holding that office also a member of the House of Representatives shall not be qualified for reappointment as such a Minister before Parliament is next dissolved after he ceases to hold office, unless in the meantime he has become a member of the House of Representatives.(8) The office of Prime Minister shall become vacant---(a) when, after any dissolution of the House of Representatives, the Prime Minister is informed by the President that the President is about to re-appoint him as Prime Minister or to appoint another person as Prime Minister; or(b) if he ceases to be a member of the House of Representatives otherwise than by reason of a dissolution of Parliament.(9) The office of a Minister of the Government of the Federation other than the Prime Minister shall become vacant if the office of Prime Minister becomes vacant.(10) Subject to the provisions of subsection (9) of this section, the Ministers of the Government of the Federation, other than the Prime Minister, shall hold office during the President's pleasure; but the President shall not remove such a Minister from office except in accordance with the advice of the Prime Minister.(11) If on any occasion the office of Prime Minister becomes vacant at a time when Parliament is dissolved, then(a) subsections (2) and (9) of this section and paragraph (b) of subsection (2) of section 90 of this Constitution shall not apply as respects that occasion; and

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(b) the President shall appoint a member of the Council of Ministers as the Prime Minister; and if a dissolution of Parliament takes place at a time when the office of Prime Minister is vacant, the President shall, without regard to the provisions of subsection (2) of this section, appoint as Prime Minister a person who was a member of the Council of Ministers immediately before the vacancy occurred.83.-(1) There shall be an Attorney-General of the Federation who shall be a Minister of the Government of the Federation.(2) Subject to the provisions of section 44 of this Constitution, the Attorney-General of the Federation shall be a Member of the House of Representatives by virtue of this subsection(3) If the person holding that office is for any reason unable to perform the functions conferred upon him by this Constitution or any other law, those functions (other than functions as a member of the House of Representatives) may be performed by such other person, whether or not that person is a Minister, as may from time to time be designated in that behalf by the President, acting in accordance with the advice of the Prime Minister.(4) A person shall not be qualified to hold or perform the functions of the office of Attorney- General of the Federation unless he is qualified for admission as a legal Practitioner in Nigeria and has been so qualified for not less than ten years.84.-(1) There shall be a Council of Ministers for the Federation, whose function shall be to advise the President in the government of the Federation and which shall consist of the Prime Minister and such other persons, being Ministers of the Government of the Federation, as the President, acting in accordance with the advice of the Prime Minister, may from time to time appoint.(2) A person appointed as a member of the Council of Ministers shall vacate his seat in the Council if he ceases to be a Minister of the Government of the Federation or if the President, acting in accordance with the advice of the Prime Minister, so directs.85.-(1) The Council of Ministers shall be collectively responsible to Parliament for any advice to the President by or under the general authority of the Council and for all things done by or under the authority of any Minister of the Government of the Federation in the execution of his office.(2) The provisions of this section shall not apply in relation to---(a) the appointment and removal from office of Ministers of the Government of the Federation, members of the Council of Ministers and Parliamentary Secretaries to Ministers, the assignment of portfolios to Ministers or the authorization of another member of the Council of Ministers to perform the functions of the Prime Minister in pursuance of section 87 of this Constitution ;(b) the dissolution of Parliament; or(c) the matters referred to in section 101 of this Constitution ;(d) the exercise of the powers conferred on the Attorney-General of the Federation by section 104 of this Constitution.

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86. The president, acting in accordance with the advice of the Prime Minister, may assign to the Prime Minister or any other 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.87.-(1) Whenever the Prime Minister is absent from Nigeria or is for any other reason unable to perform the functions conferred upon him/her by this Constitution, the President may authorize some other member of the Council of Ministers of the Federation to perform those functions (other than the functions conferred by this section) and that member may perform those functions until his/her authority is revoked by the President.(2) The powers of the President under this section shall be exercised by him/her in accordance with the advice of the Prime Minister:Provided that if the President considers that it is impracticable to obtain the advice of the Prime Minister owing to his/her absence or illness he/she may exercise those powers without that advice.88.-(1) Subject to subsection (2) of this section, in the exercise of his/her functions under this Constitution or any other law the President shall act in accordance with the advice of the Council of Ministers or a Minister of the Government of the Federation acting under the general authority of the Council of Ministers except in cases where by this Constitution or the constitution of a Region he/she is required to act in accordance with the advice of any person or authority other than the Council of Ministers, provided that the President shall act in accordance with his/her own deliberate judgment in the performance of the following functions-(a) in the exercise of the power to refuse to dissolve Parliament conferred upon him/herby this subsection (4) of section 63 of this Constitution;(b) in this exercise of the powers to appoint the Prime Minister conferred upon him/her by subsections (2) and (1) of section 82 of this Constitution and of the power conferred upon him/her by subsection (8) of that section to inform the Prime Minister of his/her re-appointment or replacement;(c) in the exercise of the powers conferred upon him/her by section 87 of this Constitution in the circumstances described in the provision to subsection (2) of that section; and( d) in signifying his/her approval for the purposes of section 163 of this Constitution of an appointment to an office on his/her personal staff.(2) Nothing in subsection (1) of this section shall apply to functions conferred upon the President by any of the following provisions of this Constitution, that is to say, subsection (5) of section 63, section 89, subsection (2) of section 121, subsection (2) of section 141, and subsection (3) of section 151.(3) Where by this Constitution the President is required to act in accordance with the advice of any person or authority, the question whether he/she has in any case received, or acted in accordance with, such advice shall not be enquired into in any court of law.89. The Prime Minister shall keep the President fully informed concerning the general conduct of the Government of the Federation and shall furnish the

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President with such information as he/she may request with respect to any particular matter relating to the government of the Federation.90. (1) The President, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the members of the House of Representatives to assist Ministers of the Government of the Federation in the performance of their duties.(2) The office of a Parliamentary Secretary shall become vacant---(a) if he/she 'ceases to be a member of Parliament otherwise than by reason of a dissolution of Parliament;(b) if the office of Prime Minister becomes vacant; or'( c) if the President, acting in accordance with the advice of the Prime Minister, so directs.91. A member of the Council of Ministers, Minister of the Government of the Federation or Parliamentary Secretary to such a Minister shall not enter upon the duties of his/her office unless he/she has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.92. Where any Minister of the Government of the Federation has been charged with responsibility for any department of Government, he/she shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a Permanent Secretary, whose office shall be an office in the public service of the Federation:.93. Subject to the provisions of this Constitution and of any Act of Parliament, the President may constitute offices for the Federation, make appointments to such office and terminate any such appointment.94. (1) The President may, with the consent of the Governor of a Region, entrust either conditionally or unconditionally to the Governor or to any officer or authority of that Region functions in relation to any matter to which the executive authority of the Federation extends falling to be performed within that Region, provided that the consent of the Governor shall not be required during any such period as is referred to in section 65 or 66 of this Constitution.(2) An Act of Parliament may include conferring powers or imposing duties, or authorizing the conferring powers or the imposition of duties, upon the Governor of a Region or any officer or authority of a Region, provided that, save during any such period as is referred to in section 65 or 66 of this Constitution, no provision made in pursuance of this section shall have in effect in relation to any Region unless the Governor has consented to its having effect.95. (1) The Governor of a Region may, with consent of the President, entrust either conditionally or unconditionally to the President or to any officer or authority of the Federation functions in relation to any matter to which the executives of the Region extends.(2) A law enacted by the legislature of a Region may include provision conferring powers or imposing duties, or authorizing the conferring of powers

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or the imposition of duties, upon the President or any officer or authority of the Federation:Provided that no provision made in pursuance of this subsection shall have effect unless the President has consented to its having effect96- ( 1) The President, may-(a) grant to any person concerned in or convicted of any offence created by or under an Act of parliament a pardon, either free or subject to lawful conditions;(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence,(c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or(d) remit the whole or any part of punishment imposed on that person for such an offence or of any penalty or forfeiture other due to the state on account of such an offence.(2) Subject to the provisions of subsection (3) of this section, the powers of the President under subsection ( 1) of this section shall be exercised by him/her in accordance with the advice of such member of the Council of Ministers as may from time to time be designated in that behalf by the President, acting in accordance with the advice of the Prime Minister.(3) In respect of persons concerned in offences against naval, military or air-force law or convicted or sentenced by courts-marital, the President, acting in accordance with the advice of such member of the Council of Ministers as may be designate by the Prime Minister other than the member designated for the purpose of subsection (2) of this section and at any time when there is another member so designated the powers of the President under subsection (1) of this section shall, in relation to such persons, be exercised in accordance with the advice of that other member.(4) The provision of this section shall apply-(a) in relation to any offence created by or under any law in force in a Region relating to any matter included in the Executive Legislative List or the Concurrent Legislative List, not being an offence created by or under an Act of Parliament or a law made by the Legislature of that Region, as they apply in relation to an offence created by or under an Act of Parliament.97.-(1) There shall be for the Federation an Advisory Council on the Prerogative of Mercy, which shall consist of-(a) such member of the Council of Ministers of the Federation as may for the time being be designated under subsection (2) of section 96 of the Constitution, who shall be chairman;(b) where the chairman is a Minister other than the Attorney-General of the Federation, the Attorney-General; and(c) not less than five nor more than seven other members, who shall be appointed by the President, acting in accordance with the advice of the Prime Minister, of whom at least one shall be a person who is qualified medical practitioner.(2) A person shall not be qualified for appointment by the President as a member of the Advisory Council if he is a member of either House of

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Parliament, a member of a legislative house of a Region, a Minister of the Government of the Federation or a Minister of the Government of a Region.(3) A member of the advisory Council appointed by the President shall hold office for three years. Provided that his/her seat on the Council shall become vacant-(a) if any circumstance arises that,. If he/she were not a member of the Council, would cause him/her to be disqualified for appointment as such a member; or(b) if he/she is removed from office by the President, acting in accordance with the advice of the Prime. Minister, for inability to discharge the functions of his/her office (whether arising from infirmity of mind or body or any other cause) or form is behaviour.98.-( 1) Where any person has been sentenced to life imprisonment by any court of law in Nigeria other than court-martial for any offence created by or under an Act of Parliament, the member of the Council of Ministers designated under subsection (2) of section 96 of this Constitution shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the member may require, to be taken into consideration at a meeting of the Advisory Council; and after obtaining the advice of the Council the member shall decide in his/her own deliberate judgment whether to recommend to the President that he/she should exercise any of his/her powers under that section in relation to that person.(2) The member of the Council of Ministers designated under subsection(2) of section 96 of this Constitution may consult the Advisory Council before making any recommendation to the President under that subsection in any case not falling within subsection (1) of this section, but shall not be obliged to act in accordance with the advice of the Advisory Council.(3) The Advisory Council may regulate its own procedure.99.-(1) There shall be a Director of Public Prosecutions for the Federation, whose office shall be an office in the public service of the Federation and, without prejudice to the provisions of this Constitution relating to the Public Service Commission of the Federation, an office in the department of government for which responsibility is assigned to the Attorney-General of the Federation.(2) The Attorney-General of the Federation shall have power in any case in which he/she considers it desirable so to do-(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a court-marital in respect of any offence created by or under any Act of Parliament;(b) to take over and continue any criminal proceedings that may have been instituted by any other person or authority; and(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

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(3) The powers of the Attorney-General of the Federation under subsection (2) of thissection may be exercised by the Attorney General, in person and/or through the Director ofPublic Prosecutions of the Federation, acting under and in accordance with the general or special instructions of the Attorney-General, and through other officers of the departmentmentioned in subsection (1) of this section, acting under and in accordance with instructions.(4) The Attorney-General of the Federation may confer a general or special authority upon the Attorney-General of a Region to exercise, subject to such conditions and exceptions as he/she may think fit, any of the powers conferred upon him/her by subsection(2) of this section in relation to prosecutions in that Region and may vary or revoke any such authority;(5) The powers conferred upon the Attorney-General of the Federation by paragraphs (b) and (c) of subsection (2) of this section shall be vested in him/her to the exclusion of other person or authority, provided that, where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.(6) In the exercise of the powers conferred upon the Attorney-General of the Federation by its section, the Attorney-General shall not be subject to the direction or control of any other person or authority.(7) For the purpose of this section any appeal from any determination in any criminal proceedings before any court of law or any case stated or question of law reserved for the purposes of any such proceedings to any other court shall be deemed to be part of those proceedings.(8) The provisions of this section shall apply-(a) in relation to any offence created by or under any law in force in the Federal Capital Territory, not being an offence created by or under an Act of Parliament; and(b) in relation to any offence created by or under any law in force in a Region relating to any matter included in the Exclusive Legislative, not being an offence created byor under an Act of Parliament or a law made by the Legislature of that Region, as they applyin relation to an offence created by or under an Act of Parliament.

CHAPTER VIIDEFENCE AND SECURITY SERVICES

PART 1 POLICE(2) The police service shall be decentralized with the Federal Government, the Regions, States, Local Government s and Communities having the right to set up and maintain their own police services.

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(3) Subject to the provisions of this Constitution, the Nigeria Police service shall be organized and administered in accordance with such provision as may be made in that behalf by Parliament.(4) Subject to the provisions of this Constitution, the members of the Federal Police Service shall have such powers and duties as may be conferred upon them by any law in force in Nigeria.(5) Parliament may make provision for Federal Service police forming part of the armed forces of the Federation or for the protection of harbours, waterways, railways and airfields.(6) Nothing in this section shall prevent the legislature of a Region from making provision for the establishment and maintenance of any Police service for any part of that Region, State or Local Government for employment within that area101.-(1) There shall be an Inspector-General of the Federal Police Service whose office shall be office in the public service of the Federation.(2) The office of the Inspector General shall be rotated amongst the Regions and the headship of any contingency of the Federal Police Service stationed in any Region shall be by an officer indigenous to the Region.(3) The Federal Police shall be under the command of the Inspector-General of Police and any contingents of the Federal Police stationed in a Region or State shall be subject to the authority of the Inspector-General of the Federal Police.(4) Each-Police Service shall have exclusive jurisdiction on its own territory subject to the following(i) That the Federal Police shall be responsible for crimes falling within the exclusive Legislative List(ii) Where there is cross-territorial interest or conflict, the territories shall jointly resolve such conflicts failing which the next higher level shall enforce with the consent of the parties.102.-(1) There shall be a Federation Police Council, which shall consist of-(a) such Minister of the Government of the Federation, who shall be chairperson, as may for the time being designated in that behalf by the President acting in accordance with the advice of the Prime Minister;(b) such Minister of the Government of each Region as may for the time being be designated in that behalf by the Governor of that Region; and(c) the chairperson of the Police Service Commission of the Federation.(2) The Inspector -General of the Federal Police or such other officer of the FederalPolice as he/she may designate shall attend the meetings of the Police Council and, save for the purpose of voting, may take part in the proceedings of the Council.103.-(1) The organization and administration of the Federal Police Service and all other matters relating thereto (not being matters relating to the use and

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operational control of the Service or the appointment, disciplinary control and dismissal of members of the Service) shall be under the general supervision of the Federal Police Council.(2) The Prime Minister shall cause the Federal Police Council to be kept fully informed concerning the matters under its supervision and shall cause the Council to be furnished with such information as the Council may require with respect to any particular matter under its supervision.(3) The Federal Police Council may make recommendations to the Government of the Federation with respect to any matter under its supervision, and if in any case the Government acts otherwise than in accordance with any such recommendation it shall cause a statement containing that recommendation and its reasons for acting otherwise than in accordance with that recommendation to be laid before Parliament.104.-(1) There shall be a Federal Police Service Commission, which shall consist of a chairperson and not more than one member representing each region.(2) The members of the Federal Police Service Commission shall be appointed by the President, acting in accordance with the advice of the Prime Minister.(3) A person shall not be qualified to hold office as a member of the Federal Police Service Commission if he/she is a member of Parliament, a member of a legislative house of a Region, a Minister of the Government of the Federation, a Minister of the Government of a Region or a member of the public service of the Federation or the service of a Region, provided that a judge of the High Court of any territory may be appointed a member of the Commission.(4) Subject to the provisions of this section, a member of the Federal Police Service Commission shall vacate his/her office-(a) at the expiration of five years from the date of his/her appointment; or(b) if any circumstance arise that, if he were not a member of the Commission, would cause him/her to be disqualified for appointment as such a member.(5)A member of the Federal Police Service Commission may be removed from office by the President acting in accordance with the advice of the Prime Minister, for inability to discharge the functions of his/her office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour.(6) A member of the Federal Police Service Commission shall not be removed from office except in accordance with the provision of this section.105.-(1) Power to appoint persons to hold or act in offices in the Federal Police Service (including power to make appointments on promotion and transfer and to confirm appointments) and to dismiss and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Federal Police Service Commission, provided that the Commission may, with the approval of the Prime Minister and subject to such conditions as it may think fit, delegate any of its powers under this section to any of its members or to the Inspector-General of the Nigeria Police or any other member of the Federal Police Service.

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(2) Before making any appointment to the office of the Inspector-General of the Federal Police or removing the Inspector-General from office the Police Service Commission of the Federation shall consult the Prime Minister.

PARTIIARMED FORCES OF NIGERIA

106. (1) There shall be an armed forces which shall consist of an army, a navy, an Air Force and such other branches of the armed forces of the Federation as may be established by an Act of Parliament.(2) The Federation shall, subject to an Act of The Parliament made in that behalf, equip and maintain the armed forces as may be considered adequate and effective for the purpose of(a) defending Nigeria from external aggression;(b) maintaining its territorial integrity and securing its borders from violation on land. sea, or air;( c) suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President upon the request of the Governor of a Region, but subject to such conditions as maybe prescribed by an Act of the Parliament; and(d) performance such other functions as may be prescribed by an Act of the Parliament.(3) The composition of the officer corps and other ranks of the armed forces shall beterritorial such that the armed forces unit of each territory shall in respect of the other ranks be exclusively composed of the indigenes of that territory while the officer Corp may for the purpose of technical specialty and operational cohesion admit up to 20% of non-indigenes provided that the head of such Regional Command shall be an indigene of that Region.(4) The Headship of the Army, Navy and Air force shall be rotated amongst the Regions and no one Region shall head more than one arm of these Forces concurrently.107 (1) There shall be a Board for each of the armed forces(2) Each of the Boards shall consist of representative officers from each of the Regions(3) There shall be a Joint Defence Board which shall be made up of the Chiefs of the services under a Chairperson of the Joint Defence Board .108. (1) The powers of the President as the Commander-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the Federation as advised by the Joint Defence Board..(2) The powers conferred on the President by subsection (1) of this section shall include power to appoint the Chief of Defence staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branches of the armed forces of the Federation as may be established by an Act of the Parliament

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(3) The President may. by directions in writing and subject to such conditions as he/she think fit, delegate to any member of the armed forces of the Federation his/her powers relating to the operational use of the Armed Forces of the Federation.(4) The Parliament shall have power to make laws for the regulation of -(a) the powers exercisable by the President as Commander-in-Chief of the Armed Forces of the Federation; and(b) the appointment promotion and disciplinary control of members of the armed forces of the Federation.(5) Notwithstanding any other provision in this Constitution there shall be equitable dispersal of Armed Forces, officers, arsenal, and weaponry109. The Parliament shall-(a) in giving effect to the functions specified in sections 106 and 108 of this Constitution; and(b) with respect to the powers exercisable by the President under section 107 of thisConstitution the Parliament may, by an Act, establish a body which shall comprise such members as the Parliament may determine, so however that there shall be Regional Representatives who shall together control no less than 80% of the body and which shall have powers to ensure that the composition of the armed forces of the Federation shall be in the manner prescribed in the said sections 106 and 108 of this Constitution.110. (1) The Federation shall establish and maintain adequate facilities for carrying into effect any Act of the Parliament providing for compulsory military training or military service for citizens of Nigeria.(2) Until an Act of the Parliament is made in that behalf the President may maintain adequate facilities in any secondary or post-secondary educational institution in Nigeria for giving military training in any such institution which desires to have the training.

PART IOTHER SERVICES

111 Parliament shall make provision for the establishment of:(I) Immigration Services(ii) Prison Services(iii) Customs Services(iv) Central Security Services(v) National Intelligence ServicesAnd such other Internal Security Services as may be necessary for Public Safety and public order within the federation.112 The composition of all these bodies with the exception of the Prison Services shall comply with the provision of subsection 106 (2), 107,(2), 108(5).113 The organization and administration of the Security Services and of other matters relating thereto (not being matters relating to the use and operational control of the services or the appointments, disciplinary control and dismissal

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of members of the Services) shall be under the supervision of the board of each of the Services.114 Government at all levels shall have powers to establish, maintain and control prison services.PART IV115 (1) There shall be established for the Federation the following bodies, namely:(a) The Federal Civil Service Commission(b) The Electoral Commission( c) The Judicial Service Commission(d) The National Judicial Council(e) National Defence and Security Council(f) National Population Commission(g) Police Service Commission(h) The Revenue Mobilisation, Allocation and fiscal Commission. ,(2) The composition and powers of each body established by subsection (1) of this Section are as contained in Part I of the 4th Schedule to this Constitution.116. (1) Except in the case of ex officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the President and the appointment shall be subject to confirmation by the Parliament(2) In exercising his/her powers to appoint a person as Chairman or member of the Body, the President shall not be required to obtain the confirmation of the Parliament.(3) In exercising his/her powers to appoint a person as Chairman or member of the, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Prime Minister.(4)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 -(a) in the case of an ex officio member, whilst he/she holds the office by virtue of which he/she is a member of the body;(b) in the case of a person who is a member by virtue of his/her having previously held an office, for the duration of his/her life; and(c) in the case of a person who is a member otherwise than as ex officio member or otherwise than by virtue of his/her having previously held an office, for a period of five years from the date of his/her appointment.(5) A member of any of the bodies shall cease to be member if any circumstances arise that, if he/she were not a member of the body, would cause him/her to be disqualified for appointment as such a member.(6) No person shall be qualified for appointment as a member of any of the bodies aforesaid if- .(a) he/she is not qualified or if he/she is disqualified for election as a member of the House of Representatives; .

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(b) within the preceding ten years, he/she has been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct.(7) any person employed in the public service of the Federation shall not be disqualified for appointment as Chairperson or member of any of such bodies:Provided that where such person has been duly appointed he/she shall, on his/her appointment, be deemed to have resign his/her former office as from the date of the appointment.(8) 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.(9) Subject to the provisions of subsection (11) of this section, a person holding any of the offices to which this section applies may only be removed from that office by the President acting on an address supported by two-thirds majority of the parliament 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.(10) This section applies to the offices of the Chairperson and members of the Federal Civil Service Commission, the Electoral Commission, the National Judicial Council, the National Judicial Service Commission, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission and the Police Service Commission.(11)All members of the National Population Commission shall cease to be members if the President declares a. National Census Report as unreliable and the report is rejected in accordance with this Constitution.117. (1) In exercising its power to make appointments or to exercise disciplinary control over persons. the National Judicial Council. the Federal Civil Service Commission. the Federal Judicial Service Commission, the Revenue Mobilisation and Fiscal Commission. and the Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person.(2) The National Population Commission shall not be subject to the direction or control of any other authority or person: -(a) in appointing, training or arranging for the training of enumerators or other staff of the Commission to assist it in the conduct of any population census;(b) in deciding whether or not to accept or revise the return of any officer of the said Commission concerning the population census in any area or part of the Federation;(c) in carrying out the operation of conducting the census; and(d) in compiling its report of a national census for publication.118. (1) The quorum for a meeting of any of the bodies established by section 115 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.

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(2) A member of such a body shall be entitled to one vote, and a decision of the meeting maybe taken and any act or thing may be done in the name of that body by a majority of the members present at the meeting.(3) Whenever such body is assembled for a meeting, the Chairperson or other person presiding shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a deliberative vote.(4) Subject to its rules of procedure, any such body may act or take part in any decision notwithstanding any vacancy in its membership or the absence of any member.(5) Subject to subsection (2) of this section, any of the bodies may, with the approval of the President, by rules or otherwise regulate its own procedure or confer powers and impose duties on any officer or authority for the purpose of discharging its functions.(6) In the exercise of any powers under subsection (1) of this section, any such body shall not confer powers or impose duties on any officer or authorities of a State except with the approval of the Governor of the State. The President, upon the receipt of advice from the Revenue Mobilisation Allocation and Fiscal Commission, shall in consultation with the table before the Parliament proposals for revenue allocation from the Federation Account, and in determining the formula, the Parliament shall abide by fiscal arrangement provisions contained in this Constitution.(7). In this Part of this Chapter, unless the context otherwise requires -(a) 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;(b) "office" means an office in the public service of the Federation;(c) any reference to "member" of a body established by section 115 of this Constitution shall be construed as including a reference to the Chairman of that body; and(d) "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.

Chapter VIIICOURTS

Part 1. The Supreme Court of Nigeria.

119.-(1) There shall be a Supreme Court of Nigeria,(2) The justices of the Supreme Court shall be-(a) the Chief Justice of Nigeria; and(b) such number of justices of the Supreme Court (not being less than the number-of regions) as may be prescribed by Parliament.(3) The Supreme Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

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(4) The Supreme Court shall sit in the Federal Capital territory.120. (1 )A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court unless-(a) he/she is qualified for admission as a legal practitioner in Nigeria and he has been so qualified for not less than twenty years;(b) For the appointment of the Chief Justice of the Supreme Court, three nominees shall be recommended by the Judicial Service Commission from whom one person shall be selected by the President on the advice of the Prime Minister subject to the approval of the Parliament.Other justices of the Supreme Court shall be nominated by the Judicial Service Commission and appointed by the President on the advice of the Governor of the Region subject to the approval of the Parliament.(2) If the office of the Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding the office has resumed those functions, as the case may be, those functions shall be performed by such one of the Justices of the Supreme Court as may from time to time be designated in that behalf by the President, acting in accordance with the advice of the Prime Minster.(3) If the office of a Justice of the Supreme Court is vacant or if the person holding the office is acting as Chief Justice of Nigeria or is for any reason unable to perform the functions of his/her office, the President, acting in accordance with the advice of the Prime Minister, may appoint a person qualified to hold the office of a Justice of the Supreme Court to act in the office of a Justice of the Supreme Court, and any person so appointed shall continue to act for the period of the appointment or if no period is specified until his/her appointment is revoked by the President, acting in accordance with the advice of the Prime Minister; Provided that an appointment made pursuant to subsection 3 and 4 of this section shall be made to have effect after the expiration of three months fr9m the date of appointment. The President shall not reappoint a person whose appointment has lapsed.121.-(1) Subject to the provisions of this section, a person holding or appointed to act in the office of Chief Justice of Nigeria or a Justice of the Supreme Court shall vacate that office when he attains the age of seventy years.(2) A person holding or appointed to act in the office of Chief Justice of Nigeria or a Justice of the Supreme Court shall be removed from his/her office if-(a) there is presented to the President an address from the Parliament praying that that person be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body or any other cause) or for misconduct; and(b) the address from Parliament bears a certificate which is signed by the person who presided at the meeting of the House at which the motion for the address was passed and which states that not less than two-thirds of all the members of that House are in favour of the motion; and, except on the

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revocation in pursuance of section 120 of this Constitution of an appointment to act as aforesaid, a person holding or appointed to act in such an office shall not be removed from his/her office or appointment in any other circumstances.122.-(1) The Supreme Court shall, to the exclusion or any other court, have original jurisdiction in any dispute between the Federation and a Region or between Regions if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.(2) In addition to the jurisdiction conferred upon it by subsection (1) of this section, the Supreme Court shall have such original jurisdiction as may be conferred upon it by any Act of Parliament; Provided that no original jurisdiction shall be conferred upon the Supreme Court with respect to any criminal matter.(3) Provision may be made by act of parliament for securing that, during any period of emergency within the meaning of section 65 of this constitution, the jurisdiction exercisable by the high court by virtue of section 29 of this constitution shall be exercisable, either in general or in relation to particular matters, by the Supreme Court to the exclusion of thecourt aforesaid; and references in subsection [3] of the said section 29 to the high court of the Region shall be construed accordingly.(4) An Act of Parliament passed in pursuance of subsection (3) of this section shall not be treated for the purposes of the provision to subsection ( 1) of section 4 of this Constitution as altering the said section 29.123.-( 1) Where any question as to the interpretation of this Constitution or the constitution of a Region arises in any proceedings in any court of law in any part of Nigeria ( other than the Supreme Court, the High Court of a Region or a court-martial)and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so request, refer the question to the High Court having jurisdiction in that part of Nigeria; and the High Court shall-(a) if it is of the opinion that the question involves a substantial question of law, refer the question to the Supreme Court; or(b) if it is of the opinion that the question does not involve a substantial question of law, remit the question to the court that made the reference to be disposed of in accordance with such directions as the highest Court of the region may think fit to give.(2) Where any question as to the interpretation of this Constitution or the constitution of a Region arises in any proceedings in the High Court of the Federal Capital Territory and the court is of opinion that the-question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court.(3) Where any question is referred to the Supreme Court in pursuance of this section, the Supreme Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision.124. Parliament may confer jurisdiction upon the Supreme Court-

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(a) to consider and advise upon any question which the President desires the assistance of he court for the purpose of deciding whether or not any of the powers vested in him by section 96 of this Constitution should be exercised; or(b) to consider and advise upon any question which the Governor of a Region desires the assistance of the court for the purpose of deciding whether or not any of the powers vested in him by the constitution of that Region with respect to the exercise of the prerogative of mercy should be exercised.125.-(1) The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Federal Court of Appeal.(2) An appeal shall lie from decisions of the Federal Court of Appeal to the Supreme Court as of right in the following cases-(a) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter III of this Constitution has been contravened in relation to any person;(b) decisions in any criminal proceedings in which any person has been sentenced to life imprisonment by the High Court and in which the Federal Court of Appeal has affirmed the sentence and(c) such other cases as may be prescribed by any law in force in the territory, provided that nothing in paragraph (a) of this subsection shall confer any right of appeal-(i) from any order made ex parte ;(ii) from any order relating only to costs ;(iii) from any order made with the consent of the parties; or(iv) in the case of a party to proceedings for dissolution or nullity of marriage who, having had time and opportunity to appeal from any decree nisi in such proceedings, has not so appealed, from any decree absolute founded upon such a decree nisi.(3) An appeal shall lie from decisions of the Federal Court of Appeal to the Supreme Court as of right in decisions on any such question as is referred to in the section 48 of this Constitution; or(4) Subject to the provisions of subsections (2) and (3) of this section, an appeal shall lie from decisions of the Federal Court of Appeal to the Supreme Court with the leave of the Federal Court of Appeal to the Supreme Court in the following cases-(a) where the ground of appeal involves questions of fact, mixed law and fact or quantum of sentence, decisions in any criminal proceedings before the High court sitting at first instance;(b) any case in which, but for the terms of the proviso to subsection (2) of this section, an appeal would lie as of right to the Supreme Court by virtue of paragraph (a) of that subsection ;(c) decisions in any civil or criminal proceedings in which an appeal has been brought to the Federal Court of Appeal from a High court ; and(d) such other cases as may be prescribed by any law in force.(5) The Supreme Court may dispose of any application for leave to appeal from any decision of the Federal Court of Appeal in respect of any civil or

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criminal proceedings in which an appeal has been to the Federal Court from the High court of a territory upon consideration of the record of the proceedings if the Supreme Court is of opinion that the interests ofjustice do not require an oral hearing of the application.(6)Any right of appeal to the Supreme Court from the decisions of the Federal Court of Appeal conferred by this section--(a) shall be exercisable in the case of civil proceedings, at the instance of a party thereto or, with the leave of the Federal Court of Appeal of the Supreme Court 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 section 99 of this Constitution and any powers conferred by the constitution of a Region to take over and continue or to discontinue such proceedings, at the instance of such other persons or authorities as may be prescribed by any law in force in the territory; and(b) shall be exercised in accordance with any Acts of Parliament and rules of court for the time being in force regulating the powers, practice and procedure of the Supreme Court.(7) In this section "decision" means, in relation to the Federal Court of Appeal, any determination of the Federal Court of Appeal and includes without prejudice to the generality of the foregoing provisions of this subsection, a judgment, decree, order, conviction, sentence (other than a sentence fixed by law) or recommendation.126. Where there is a Supreme Court and a Court of Appeal of a Region, the matters in respect of which appeals shall go to the Federal Court of Appeal and Federal Supreme Court shall be those falling under the Exclusive Legislative List. In all other cases the decision of the Regional Supreme Court shall be final.127. Without prejudice to the provisions of section 101 of this Constitution, no appeal shall lie to any body or person from any determination of the Supreme Court.128.-(1) The decisions of the Supreme Court shall be enforced in any part of Nigeria by the High Court having jurisdiction in that part of Nigeria and by all persons, authorities and other courts of law in that part as if they were decisions of that High Court.(2) Subject to the provisions of any Act of Parliament, the Supreme Court may make rules for regulating the practice and procedure of the court.(3) Parliament may make provision with respect to the practice and procedure of the Supreme Court (including the service and extension of all civil and criminal processes of the court) and may confer upon the court such powers additional to those conferred by this section as may appear to be necessary or desirable for enabling the court more effectively to exercise its jurisdiction.(4) Rules made under this section may fix the minimum number of judges who may sit for any purpose, so however that no matter shall be finally determined by less than five Justices, provided that nothing in this subsection shall preclude a Justice who does not concur in the opinion of the other Justice from delivering a dissenting opinion.

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Part 2.. The Federal Court of AppealB -The Court of Appeal

129. (1) There shall be a Court of Appeal.(2) The Court of Appeal shall consist of -(a) a President of the Court of Appeal; and(b) such number of Justices of the Court of Appeal, not less than forty-nine as may be prescribed by an Act of the Parliament130. (1) The appointment of a person to the office of President of the Court of appeal shall be made by the President on the recommendation of the National Judicial Council subjectto confirmation of such appointment by the Parliament(2) The appointment of a person to the office of a Justice of the Court of Appeal shall be made by the President on the recommendation of the National Judicial Council(3) A person shall not be qualified to hold the office of a Justice of the Court of Appeal unless he/she is qualified to practice as a legal practitioner in Nigeria and has been so qualified fora period of not less than twelve years(4) If the office of the President of the Court of appeal is vacant, or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the most senior Justiceof the Court of Appeal to perform those functions.(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed131. (1) Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any other court of Law in Nigeria, have original jurisdiction to hear and determine any question as to whether(a) the term of office of the President has ceased or(b) the office of President has become vacant(2) In the hearing and determination of a petition under paragraph (a) of subsection (1) of this section, the Court of Appeal shall be duly constituted if it consists of at least three Justices of the Court Appeal.132. 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, the High Court of the Federal Capital Territory, Abuja, High Court of a Region, in matters falling under the Exclusive List a court martial or other tribunals and may be prescribed by an Act of the Parliament.133. (1)An appeal shall lie from decisions of the High Court of the Federal Capital Territory or the High Court of a Region as contemplated in section 132

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hereinafter called "the High Court" in this section to the Court of Appeal as of right in the following cases -(a) final decisions in any civil or criminal proceedings before a High Court sitting at first instance;(b) where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings;(c) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution;(d) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter 111 of this Constitution has been, is being or is likely to be, contravened in relation to any person;(e) decisions in any criminal proceedings in which the Court has imposed a life sentence(f) decisions made or given by the High Court.(i) where the liberty of a person or the custody of an infant is concerned,(ii) where an injunction or the appointment of a receiver is granted or refused,(iii) 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,(iv) in the case of a decree nisi in a matrimonial cause or a decision in an admiral the action determining liability, and(v) in such other cases as may be prescribed by any law in force in Nigeria.(2) Nothing in this section shall confer any right of appeal-(a) from a decision of the High Court granting unconditional leave to defend an action;(b) from an order absolute for the dissolution or nullity of marriage in favour of any partywho, 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( c) without the leave of the High Court or Court of Appeal, from a decision of the High Court made with the consent of the parties or as to costs only134. (1) Subject to the provisions of section 133 of this Constitution, an appeal shall lie fromdecisions of a High Court to the Court of Appeal with leave of the 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 High Court in respect of any civil or criminal proceedings in which an appeal has been brought to the 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.

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135. Any right of appeal to the Court of Appeal from the decisions of a High Court conferred by this Constitution shall be -(a) exercisable in the case of civil proceedings at the instance of a party thereto, or with the leave of the 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 Region to take over and continue or to discontinue such proceedings, at the instance of such other authorities or persons as may be prescribed;(b) exercised in accordance with any Act of the Parliament and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.136. (1) An appeal to the Court of Appeal shall lie as of right from -the decisions of the House of Representative Election Tribunals and Governorship and Legislative Houses Election Tribunals on any question as to whether(i) any person has been validly elected as a member of the Parliament or of the legislative House of a Region under this Constitution,(ii) any person has been validly elected to the office of a Governor or Deputy Governor, or(iii) the term of office of any person has ceased or the seat of any such person has become vacant.(2) The Parliament 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 Parliament.(3) The decisions of the Court of Appeal in respect of appeals arising from election petitions shall be final.137. (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.138. (1) Subject to the provisions of any Act of the Parliament, the president of the Court of Appeal may make rules for regulating the practice and procedure of the Court of Appeal.(2) A justice of the Supreme Court or the Federal Court of Appeal or the High Court of the Federal Capital Territory shall not enter upon the duties of his/her office unless he/she has taken and subscribed the oath of allegiance and such oath for the due execution of his/her office as may be prescribed by Parliament.Part 3The High Court of the Federal Capital Territory139.-( 1) There shall be a High Court for the Federal territory, which shall be styled the High Court of the Federal Capital Territory.(2) The judges of the High Court of the Federal Capital Territory shall be-(a) the Chief Judge of the Federal Capital Territory ; and(b) such number of other Justices (not being less than five) as may beprescribed by Parliament.

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(3) The High Court of the Federal Capital Territory shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

44.-(1) A member of the House of Representatives shall vacate his/her seat in the House (a) if he/she becomes a memberofa legislative house ofa Region;(b) if any other circumstance arise that, if he/she were not a member of that House, would cause him/her to be disqualified for selection or election as such a member under subsection (1), (2) or (3) of section 41 of this Constitution;(c) if he/she ceases to be a citizen of Nigeria;(d) if he/she becomes a Ministerofthe Government of a Region(e) save as otherwise provided by Parliament, if he/she becomes a member of a statutory corporation; or(f) if he/she is absent from two executive meetings of the House and the Speaker of the House of Representatives, does not, by writing under his/her hand, excuse his/her absence within one month after the end of the second meeting.(2) Parliament may, in order to permit a member of the House of Representatives who has been adjudged to be a lunatic, declared to be of unsound mind, sentenced to imprisonment or adjudged or declared bankrupt to appeal against the decision in accordance with any law in force in Nigeria, provide that subject to such conditions as may be prescribed the decision shall not have effect for the purposes of this section until such time as may be prescribed.(3) In this section the expression "statutory corporation" has the meaning assigned to itfor the purposes of section 41 of this Constitution.45.-(1) There shall be an Electoral Commission for the Federation.(2) The members of the Electoral Commission of the Federation shall consist of-(a) a Chief Electoral Commissioner, who shall be chairman; and(b) a member representing each Region, the Federal Capital Territory and each political party in Nigeria(3) The members of the Electoral Commission of the Federation shall be appointed by the Regions with respect to the members from the Regions, the Political Parties withrespect to the members from the Political Parties, the F.C. T authority with respect to member(s) from the Federal Capital Territory.(4) The Chairman of the Electoral Commission shall be elected amongst members asprovided in section 45 (2)(b) in an election organized by staff of the Electoral Commissionat the Headquarters of the Commission.

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(5)Aperson shall not be qualified to hold office as a member of the Electoral Commission of the Federation if he/she is a member of the Parliament, a member of a legislative house of a Region, a Minister of the Government of the Federation, a Minister of the Government of a Region or a member of the public service of the Federation or the public service of a Region.(6) Subject to the provisions of this section, a member of the Electoral Commission of the Federation shall vacate his/her office-(a) at the expiration of five years from the date of his/her appointment; or(b) if any circumstances arise that, if he/she were not a member of the Commission, would cause him to be disqualified for appointment as such a member.(7) A member of the Electoral Commission of the Federation may be removed from office by the Parliament for inability to discharge the function of his/her office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour.(8) A member of the Electoral Commission of the Federation shall not be removed from office except in accordance with the provisions of this section .(9) In the exercise of its function under this Constitution the Electoral Commission of the Federation shall not be subject to the direction or control of any other person or authority; to this extent, the Commission shall be independently funded from the Federation Account.46.-(1) Nigeria shall be divided into as many constituencies as there are members of the House of Representatives by virtue of section 38 and 39 and Subsection (2) of this Section of this Constitution, and shall be so divided in such manner as the competent authority, acting with the approval of the Parliament signified by resolution, may prescribe.(2) No constituency shall form part of more than one territory and the boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable, provided that the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, the distribution of different communities and the boundaries of the territories.(3) The competent authority shall review the division of Nigeria into constituencies at intervals of not less than eight and not more than ten years and may alter the constituencies in accordance with the provisions of this section to such extent that a constituency representation at the House of Representatives shall be based on the population of the smallest language group provided that the population of such language group is not below three hundred thousand.provided that that authority 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 amendment to section 3 or 38 of this Constitution or any provision replacing either of those sections or by reason of the holding of a census of the population of Nigeria in pursuance of an Act of Parliament.

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(4) Where the boundaries of any constituency established under this section are altered in accordance with the provisions of this section, that alteration shall come into effect upon the next dissolution of Parliament after the alteration has been approved by the Parliament.(5) In this section "population quota" means the number obtained by dividing the number of the inhabitants of Nigeria by the number of constituencies into which Nigeria is divided under this section.(6) For the purposes of this section the number of inhabitants of Nigeria or any part thereof shall be ascertained by reference to the latest census of the population of Nigeria held in pursuance of an Act of Parliament.(7) In this section "the competent authority" means the Electoral Commission of the Federation.47.-(1 ) Every constituency established under section 46 of this Constitution shall return to the House of Representatives one member who shall be directly elected in such manner as may be prescribed by Parliament. .(2) The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Electoral Commission of the Federation.(3) Subject to the provisions of this Constitution, voting at every election shall be by open secret ballot or Option A4.(4) Independent candidates shall have the right to contest any political office in Nigeria. 48.-(1) Subject to the provisions of section 123 of this Constitution, the competent HighCourt shall have original jurisdiction to hear and determine any question whether any person who has been validly elected as a member of the House of Representatives(2) Parliament may make provision with respect to-(a) the persons who may apply to the competent High Court for the determination of any question under this section; determination of that court and without prejudice to the generality of the foregoing provision of this definition, includes a judgment, decree, order, conviction, sentence (other than a sentence fixed by law) or recommendation;'subordinate court means any court of law in the Federal territory other than the Supreme Court, the High Court of Lagos or a court-martial.Part 4 General143. (i) Parliament may establish courts of law for the Federation in addition to the Supreme Court, Federal Court of Appeal provided that nothing in this section shall(a) preclude the legislature of a Region from establishing courts of law for that Region including Regional High Court, Regional Court of Appeal and Regional Supreme Court.(b) confer upon parliament powers to make provision with respect to the jurisdiction of any court established under this section additional to those conferred by the other provisions of this Constitution .(2) Subject to subsections (1) and (5) of section 21 of this constitution there shall be for the Federal Capital Territory a Sharia Court of Appeal with such jurisdiction as Parliament may confer.

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144.-(1) If by the Constitution or the legislature of a Region there is established for the Region a court having jurisdiction to hear and determine in any matter from the High Court of the Region, then(a) sections 123 and 125 of this Constitution shall have effect, in relation to that matter, as if any reference to the "court having jurisdiction" as aforesaid and as if the words "sitting at first instance" whenever they occur in section 125 were omitted; and(b) a judge of the last-mentioned court shall be included among the persons qualified for appointment as members of the Police Service Commission of the Federation. .(2) Subsection (1) of this section shall come into force on such date as the President may apply by order appoint; but an order shall not be made under this subsection unless a draft of the order has been laid before both Houses of Parliament and approved by a resolution of the House.145. A justice of the Supreme Court or the Federal Court of Appeal shall not enter upon the duties of his Office unless he has taken and subscribed to the oath of allegiance and such oath for the due execution of his Office as may be prescribed by Parliament.

CHAPTER IXFINANCE

Part 1 Public funds of the Federation146.-(1) All revenues or other moneys raised or received by the Federation (not being revenue or other moneys payable under this Constitution or any Act of Parliament into some other public fund of the Federation established for a specific purpose) shall be paid into and form one Consolidated Revenue Fund.(2) No moneys shall be withdrawn from the Consolidated Revenue Fund of the Federation except to meet expenditure that is charged upon the Fund by this Constitution or any Act of Parliament or where the issue of those moneys has been authorized by an appropriation Act or an Act passed in pursuance of section 148ofthis Constitution.(3) No moneys shall be withdrawn from any public fund of the Federation other than the Consolidated Revenue Fund unless the issue of those moneys has been authorized by an Act of Parliament.(4) No moneys shall be withdrawn from the Consolidated Revenue Fund or any other public fund of the Federation except in the manner prescribed by Parliament.147.-(1) The Minister of the Government responsible for finance shall cause to be prepared and laid before Parliament in each financial year estimates of the revenues and expenditure of the Federation for the next following year.(2) The heads of expenditure contained in the estimates (other than expenditure charged upon the Consolidated Revenue Fund by this Constitution or any Act of Parliament) shall be included in a bill, to be known as an appropriation bill, providing for the issue from the Consolidated Revenue Fund of the Federation of the sums necessary to meet that

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expenditure and the appropriation of those sums for the purpose specified therein.(3) If in respect of any financial year it is found-(a) that the amount appropriated by the appropriation Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Act; or(b) that any moneys have been expended for any purpose in excess of the amount appropriated for the purpose by the appropriation Act or for a purpose for which no amount has been appropriated by the Act, a supplementary estimate showing the sums required or spent shall be laid before Parliament and the heads of any such expenditure shall be included in a supplementary appropriation bill.148. Parliament may make provision under which, if the appropriation Act in respect of any financial year, has not come into operation by the beginning of that financial year, the Minister of the Government of the Federation responsible for finance may authorize the withdrawal of moneys from the Consolidated Revenue Fund of the Federation for the purpose of meeting expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of that financial year or the coming into operation of the Act, whichever is the earlier provided that the withdrawal in respect of any such period shall not exceed 25% of the amount spent under the provision made for that specific head of expenditure in the Appropriation Act passed by Parliament in the previous preceding financial year.149.-(1) Parliament may provide for the establishment of a Contingencies Fund for the Federation and for authorizing the Minister of the Government of the Federation responsible for finance if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet that need.(2) Where any advance is made in accordance with subsection (1) of this section, a supplementary estimate shall be presented and a supplementary appropriation bill shall be introduced as soon as possible for the purpose of replacing the amount so ad(3) Parliament may provide for the establishment of a Foreign Reserves Fund for the Federation and the management, control and withdrawals there from shall be with the approval of Parliament.150.-(1) There shall be paid to the holders of the offices mentioned in subsection(4) of this section such salary as may be prescribed by Parliament.(2) The salary and allowances payable to the holders of the offices so mentioned shall be a charge on the Consolidated Revenue Fund of the Federation.(3) The salary payable to the holder of the offices so mentioned and his/her terms of office and other allowances shall not be altered to his/her disadvantage after his/her appointment.(4) The offices aforesaid are the office of President, Chief Justice of Nigeria, Justices of the Supreme Court, President and Justices of the Federal Court of

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Appeal, Chief Judge or other Judge of the High Court of the Federal Capital Territory, member of the Electoral Commission of the Federation, member of the Public Service Commission of the Federation, member of the Police Service commission of the Federation and Auditor General of the Federation.(5) Provision may be made by Act of Parliament for the grant of a pension or gratuity to or in respect of a person who has held office as President, and any pension granted by virtue of provision made in pursuance of this subsection shall be a charge on the Consolidated Revenue Fund of the Federation.151.-(1) There shall be an Auditor General for the Federation, whose office shall be an office in the public service of the Federation.(2) The public accounts of the Federation and all officers, courts and authorities of the Federation shall be audited and reported on by the Auditor General of the Federation, and for that purpose the Auditor-General or any person authorized by him/her in that behalf shall have access to all books, records, returns and other documents relating to those accounts.(3) The Auditor General of the Federation shall submit his/her reports to the Minister of the Government of the Federation responsible for finance, within three months of the end of each financial year, who shall cause them to be laid before Parliament.(4) In the exercise of his/her functions under this Constitution the Auditor General of the Federation shall not be subject to the direction or control of any other person or authority.152.-(1) The public debt of the Federation shall be secured on the revenues and assets of the Federation.(2) In this section references to the public debt of the Federation include references to the interest on that debt, sinking fund payments in respect of that debt and the costs, charges and expenses incidental to the management of that debt.

Part 2.153.-(1) Subject to the provisions Section 26 section (4) of this constitution the federating units (Regions) shall manage all resources to be found within their respective boundaries, consideration being given to such local, regional, national and internationally applicable boundary provisions and pay taxes as prescribed in this Constitution.(2) (i) Subject to the provisions of section 149 (1) and (3) and subsection (6) of this section relating to VAT, there shall be a First Line Charge Account which shall be 17% of the total revenue accruing to the Governments of the Federation, (Federal and Regional), which shall consist of(a) 15% which shall be applied towards .the provision of the basic socio-economic items listed in subsection (4) of this Section:(b) 2% to finance a Special Rehabilitation Fund for past devastations arising from acts and omissions of State(ii) The first line charge account shall be administered by a commission consisting of one member each representing and appointed by each Regional

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Government and a member representing the Federal Government respectively.(3) The balance of 83% shall for the purpose of sharing among the tiers of Government be reckoned as 100% and shall be distributed as follows:(i) 50% Derivation(ii) 35% to the Distributable Pool Account(iii) 15% to the Federal Government(4) Subject to the provisions of section 27(1)(i) the basic socio-economic item referred to in subsection (2) above area) Education,b) Health Care,c) Housing,d) Full Employment,e) Unemployment Allowances,f) Living Allowance for the Aged,g) Living Allowance for the Disabled, Physically and Mentally Challenged Persons,h) Network of railway, road, airways and waterways.i) Environmental Preservation.(5) Funds accruing to Regions from the Distributable Pool Account shall be applied primarily to financing the Regions Capital Expenditure necessary for infrastructure incidental to items in subsection (3) of this section. Recurrent expenditure of Regions shall as much as practicable be funded from internally generated Funds.(6) The Regions shall be responsible for the collection of value added tax and the revenue derived there from shall be retained by the Region which shall pay 15% as tax into the First Line Charge Account.

CHAPTER XTRANSITIONAL PROVISIONS

154.-(1) Notwithstanding the provisions of Chapter II of this Constitution but subject to sections 10 and 11 thereof, any person who became a citizen of Nigeria by birth, registration or naturalisation under the provisions of any other Constitution shall continue to be a citizen of Nigeria under this Constitution.155. (1) Until Parliament exercised its powers to initiate legislation in accordance with the provisions of the relevant section of this Constitution, the Clerk or other staff of a Parliament shall be appointed, as Federal Civil Service Commission.(2) In exercising its powers under the provisions of this section, the Federal Civil Service Commission shall consult, as appropriate, the Prime minister and the Speaker of the

Parliament.156 (1) The provisions of this section shall have effect until Parliament exercises the powers conferred upon it by relevant section of this Constitution as appropriate .

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(2) The Standing Orders of the House of Representatives established under the formerConstitution shall apply in relation to the proceedings in Parliament established under this Constitution.(3) In this section, the "former Constitution" refers to the Constitution of the Federal Republic of Nigeria 1999.157. (1) The electoral commission established for the Federation under any law in force immediately before the date when this section comes into force shall be responsible for performing the functions conferred on the Independent National Electoral Commission established by the provisions of this Constitution.(2) Any person who before the coming into force of this Constitution was elected to any elective office mentioned in this Constitution in accordance with the provisions of any law in force immediately before the coming into force of this Constitution shall be deemed to have been duly elected to that office under this Constitution.158. Pending any Act of Parliament for the provision of a system of revenue allocation between the Federation and the States, among the States, between the States and local government councils and among the local government councils in the States, the system of revenue allocation in existence for the financial year beginning from 1st January 2006 and ending in December 2006 shall, subject to the provisions of this Constitution and as from the date when this section comes into force, continue to apply:Provided that where functions have been transferred under this Constitution from the Government of the Federation to the Regions and from the Regions to States the appropriations in respect of such functions shall also be transferred to the Region and the State, as the case may require.159 Any debt of the Federation or of a Region which immediately before the date when this section comes into force was charged on the revenue and assets of the Federation or on the revenue and assets of a Region shall, as from the date when this section comes into force, continue to be so charged.160. ( 1) Subject to the provisions of this Constitution, an existing law shall have effect with such modifications as may be necessary to bring it into conformity with the provisions of this Constitution and shall be deemed to be -.(a) an Act of Parliament to the extent that it is a law with respect to any matter on which Parliament is empowered by this Constitution to make laws; and(b) a Law made by a legislative house of a Region to the extent that it is a law with respect to any matter on which the legislative houses are empowered by this Constitution to make laws.(2) The appropriate authority may at any time by order make such modifications in the text of any existing law as the appropriate authority considers necessary or expedient to bring that law into conformity with the provisions of this Constitution.(3) Nothing in this Constitution shall be construed as affecting the power of a court of law or

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any tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any other law, that is to say-(a) any other existing law;(b) a Law of a House of Assembly;(c) an Act of the House of Representatives; or( d) any provision of this Constitution.(4) In this section, the following expressions have the meanings assigned to them, respectively-(a) "appropriate authority" means -(i) the President, in relation to the provisions of any law of the Federation,(ii) the Governor of a Region, in relation to the provisions of any existing law deemed to be aLaw made by the legislative of that Region or(iii) any person appointed by any law to revise or rewrite the laws of the Federation or of a Region;(b) "existing law" means any law and includes any rule of law or any enactment or instrument whatsoever which is in force immediately before the date when this section comes into force or which having been passed or made before that date comes into force after that date; and(c) "modification" includes addition, alteration, omission or repeal and the provisions of those enactments shall continue to apply and have full effect in accordance with their tenor and to the like extent as any other provisions forming part of this . Constitution and shall not be altered or repealed except in accordance with the provisions of section 4 (2) of this Constitution.161. (1) Any office, court of law or authority which immediately before the date when this section comes into force was established and charged with any function by virtue of any other Constitution or law shall be deemed to have been duly established and shall continue to be charged with such function until other provisions are made, as if the office, court of law or authority was established and charged with the function by virtue of this Constitution or in accordance with the provisions of a law made thereunder.(2) Any person who immediately before the date when this section comes into force holds office by virtue of any other Constitution or law in force immediately before the date when this section comes into force shall be deemed to be duly appointed to that office by virtue of this Constitution or by any authority by whom appointments to that office fall to be made in pursuance of this Constitution.(3) Notwithstanding the provisions of subsection (2) of this section, any person holding such office, a member of a court of law or authority, who would have been required to vacate such office, or where his/her membership of such court of law or authority would have ceased but for the provisions of the said subsection (2) of this section, shall at the expiration of the period prescribed

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therefore after the date when this section comes into force vacate such office or, as the case may be, his/her, membership of such court of law or authority shall cease, accordingly.(4) the foregoing provisions of this section are without prejudice to the exercise of such powers as may be conferred by virtue of this Constitution or a law upon any authority or person to make provisions with respect to such matters as may be prescribed or authorised by this Constitution or such law, including the establishment and abolition of offices, courts of law or authorities, and with respect to the appointment of persons to hold offices or to be members of courts of law or authorities and their removal from such offices, courts of law or authorities.162. (1) Without prejudice to the generality of the relevant section of this constitution, any property, right, privilege, liability or obligation which immediately before the date when this section comes into force was vested in, exercisable or enforceable by or against-(a) the former authority of the Federation as representative or trustee for the benefit of the Federation;(b) any former authority of a Region as representative or trustee for the benefit of the State , shall on the date when this section comes into force and without further assurance than the provisions thereof vest in, or become exercisable of enforceable by or against the President and Government of the Federation, and the Governor and Government of the State, as the case may be.(2) For the purposes of this section -(a) the President and Government of the Federation, and the Governor andGovernment of State, shall be deemed, respectively, to be successors to the said former authority of the Federation and former authority of the state in question; and(b) references in this section to "former authority of the Federation" and "former authority of a state" include references to the former Government of the Federation and the former government of a state, a local government authority or any person who exercised any authority on its behalf.(c) at the expiration of five years from the date of his/her appointment; or(d) if any circumstances arise that, if he/she were not a member of the Commission, would cause him/her to be disqualified for appointment as such.(3) A member of the Public Service Commission of the Federation may be removed from office by the president, acting in accordance with the advise of the Prime Minister, for inability to discharge the functions of his/her office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour.(4) A member of the Public Service Commission of the Federation shall not be removed from office except in accordance with the provisions of this section.(5) A person who has been appointed to be a member of the Public Service Commission of the Federation shall not thereafter be eligible for appointment to any office in the public service of the Federation.163.-(1) Power to appoint persons to hold or act in offices in the public service of the Federation (including power to make appointments on promotion and

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transfer and to confirm appointments) and to dismiss and exercise disciplinary control over persons holding or acting in such offices shall vest in the Public Service Commission of the Federation, provided that the Commission may, with the approval of the Prime Minister and subject to such conditions as it may think fit, delegate any of its powers under this section to any of its members or to any officer in the public service of the Federation.121Subsection (11) of this section shall not apply in relation to any of the following offices- (a) tl1e office of any justice of the Supreme Court, the High Court of Abuja(b) except for the purposes of making appointments thereto tl1e office of the Audito,Gene,,1 of the Federation(c)anyofficeintheNige,iaPolice Se"iceo,Id) anyofficetowhichsection 16301 this Constitution applies(3) The p,ovisions of this section shall be subject to the p'ovisionsof section 164 of this Constitution(4) No appointment shall be made unde,this section to any office on the pe'sonal staff of the P,esidentunless the P,esidentsignifieshisapprnvaloftheappointment164c(1) Powe'to appoint pe'sons to hold 0, act in tl1eoffices towhicl1 this section applies Uocluding powe' to make appointments on prnmotion and t,ansfe,) and to 'emove so ~inted fom1 any such office shall vest in tl1e P,esiden( acting in acco,dance with tl1e advice of the Pnme Ministe,(2) Befo,e tendenng any advice 10' the pu'poses of this section in ,elation to any pe,son who holds any office in the public seMceoftl1e Fede,ation other than an office to whichthi'sectionapplies the PnmeMinister shall consult the Public Se"ice Commission of the Fede,ationCHAPTER XIMtSCELLANEOUS165c(1) Any Commission established by this Constitution may with the consent of tl1epnme Ministe' 0, such othe, Ministe' of the Government of the Federation as may be authorised in tl1at behatfby the p,ime Minister, by regulation o'otherwise 'egulate its own p,ocedu'. o,confe,powe,s and impose duties on any office' 0, authonty of the Fede,ation fo,thepu'POseofdiscl1a,gingitsfunctions(2) Subject to it 'ules of p,ocedu,e any Commission established by this Consbtution may act notwithstanding anyvacancy in its membe"hip o,the absence of any membe, but any decision of the Commission shall ,equ"e tl1e concurrence of a majority of all tl1e membe" tl1e'eo(166c(1) Without prejudice to the generality of section 160 of this Constitution--(a) no criminal p,oceedlngsshall be instituted or continued dunng hislhe, penod of office againsta peffiOn to whom this subsection applies and(b) such a pe,son shall not be a"ested 0, impnsoneddunng thatpenod either in pu,suance of the p,ocess of any cou"o,otherwiseand12) Subsect"n 11) of this section applies to a pe"on holding 0, ,equired to penom1 the functions of the office of the Presidentorofthe Gove,no'of a

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Region and that subsection "period of office" means in ,elation to such a pe"on tl1e pe,iod dunng which he/sheholdso,is 'equi'.dto penom1the functions of the office in question167c(1) Any pe"on who is appointed, elected Of otl1erwise selected to any off,ce established by tl1is Constitution may ,esign "om that office by wnting unde, his/he, hand add,essed to tl1e pe"on 0' autl1o,ity by whom he/she was appointed elected or selected, providedthat--(a) in tl1e case of tl1e P'esident of tl1e Republic his/he, ,esignation shall be add,.ssed totheSpeakerofPaniament and

(b) in the case of a member of a House of Parliament who holds office as Speaker, his/her resignation from the House or that office shall be addressed to the House; and(c) in the case of any other member of Parliament, his/her resignation from the House shall be addressed to the Speaker, as the case may be.(2) The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it.(3) On the resignation of the President of the Republic, the Speaker shall forthwith give notice of the resignation to the Prime Minister.168.-(1) Where any person has vacated any office constituted by this Constitution, he may, if qualified, again be appointed. Elected or otherwise selected to hold thit office in accordance with the provisions of this constitution.(2) Where by this Constitution a power is conferred upon any person or authority to ~ make any appointment to any office in the public service of the Federation a person may beappointed to that office, notwithstanding that some other person may be holding that office, ,when that other person is on leave of absence pending relinquishment of the office; and where two or more persons holding the same office by reason of an appointment made in pursuance of this subsection, then fQr the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the solehold8f of theoffice. .169. The Government of the Federation, acting after consultation with the Government of the Regions, shall from t(me to time appoint a Commission to review and make recommendations with respect to the provisions of sections 153 of this Constitution.170-(1) In this Constitution, unless it is otherwise expressly provided or required by the context--"Act of Parliament" means nay law made by Parliament ;

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"the Advisory Council" means the Advisory Council on the Prerogative of Mercy of the Federation;"the Exclusive Legislative List means the list in of the Third Schedule to this Constitution ;"financial year" means any period of twelve months beginning on the first day of April inany year or such other date as parllament may prescribe ;"the Legislative List" means the Exclusive Legislative List"oath" includes affirmation ;"the oath of allegiance" means such oath of allegiance as may be prescribed by Parliament "Parliament" means the Parliament of the Federation;

"the President means the President of the Republic;"produce" means such animal or vegetable products, whether processed or in a natural state (other than tobacco, hides or skins) as may with the consent of the Governments of the Regions be designated by the President by order ;"the public service of the Federation" means the service of the Republic in a civil capacity in respect of the government of the Federation ;"open secret ballot" means the voting process in which the voters queue in one line and counted all together and enter the polling booth and cast their vote secretly."option A4" means the voting process in which the voters queue behind the candidate or picture of the candidate of their choice"quarter" means a quarter of a financial year ;"the state means the Government of the Federation or a Region, and "office of emolument under the state" includes as the Governor of a Region or as a member of the Government of the Federation or a Region, so however that a person shall not be treated as ~olding an office of emolument under the state by reason only of his receiving a pension or other like benefit in respect of such an office; and"territory" means a Region orthe Federal Capital Territory." VAT' means ValueAdded Tax(2) In this Constitution, unless it is otherwise expressly provided or required by the context:---(a) references to persons holding offices in the public service of the federation or a Region include reference to persons acting in those offices; and(b) references to offices in the public service of the Federation include references to the offices of the justices of the Supreme Court and the High Court of the Federal Capital Territory and references to the offices of members of all other courts of law established by parliament (other than courts-martial), being offices the emoluments attaching to which are paid out of the consolidated Revenue Fund or any other public fund of the Federation, and references to the offices of members of the Nigeria Police Service.

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(3) For the purposes of this Constitution, the office of the Speaker or the Deputy Speaker of the House of Representatives, a member of the House of Representatives, a Minister of the Government of the Federation, a Parliamentary Secretary to such a Minister or a member of the Council of Ministers, the Nigeria Police Council, any Commission established by this Constitution or the Advisory Council shall not be regarded as an office in the public service of the Federation.(4) Subject to the provisions of section 4 of this Constitution, no amendment made to the Interpretation Act, as in force at the date of the commencen1ent of this Constitution, shall have effect in relation to this Constitution.(5)No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this Constitution shall be construed as precluding a court of law from exercising jurisdiction

in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or any other law.(6)Forthe avoidance of doubt it is hereby declared that :---(a) any power to make laws conferred by this Constitution includes power to make laws having extra-territorial operation ;(b) any references in this Constitution to the functions of the President includes a reference to his functions as to the Commander-in- Chief of the armed forces of the Federation; and( c) the functions of the Commander -in-Chief of the armed forces of the Federation are such as may be prescribed by Parliament.171.- (1) This Constitution may be cited as the Constitution of the Federal Republic of Nigeria and shall come into force on the day of 200.

First SchedulePartlList of Nigerian Ethnic NationalitiesAbanyom, Abua (Odual), Achipa (Achipawa Derne), Adim, Adara (Kadara),Adun, Affade, Aeogworo (KAGORO), Afizere, Afo, Aho, Akaju-Ndem (Akajuk), Akweya-Yachi, Alago (Arago), Amo, Anaguta, Anang, Andoni, Angas, Anioma, .Ankwei, Attakar (Ataka), Atyap (Kataf), Auyoka (Auyokawa), Awori, Ayu, Bachama, Bacheve, Bada, Bade, Bahumono, Baffu, (Kafe), Bakulung, Bali, Bambara (Bambarawa), Bambuka (Bamkuba), Banda, (Bandawa), Bangawa, Bankal (Bankalawa), Banso (Panso), Bara, (Barawa, Badara), Barke, Baruba,

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(Barba), Bashiri (Bashirawa), Bassa, Batta, Baushi, Baya,Bekwara, Bele (Belewa), Betso (Bete), Bette, Bilei, Bille, Bina (Binawa), Bini, Birom, Bobua, Boki (Nki), Bokkos, Boko (Bssawa, Borgawa), Bole (Bolewa) Bwall, Bwanye, (Bwatiye), Bwazza, Challa, Cham (Chamawa Fitilai), Chamba (Samba), Chamo, Chibok (Chibbak), Chinine, Chip, Chokobo, Chukkol, Daba, Dadiya, Daka, Dakarkari, Danda (Dandawa), Dangsa, Daza (Dere, Derewa), Degema, Deno (Denawa), Dghwede (Dghuede), Diba, Doemak (Dumuk), Duguri, Duka (Dukawa, Hunnu), Ebana (Ebani), Ebirra (Igbirra), Ebu, Efik, Egbema, Egede (Igedde), Eggon, Egun (Gu), Ejagham, Ekajuk, Eket, Ekoi, Engenni (Ngene), Enyima, Epie, Esan (Ishan), Etche, Etolu, (Etilo), Estako, Etung, Etuno, Ewe, Fakkawa (Paeknu), Falli, Fantsuam (Kafanchan), Fulbe (Fulani), Fyam (Fyem), Fyer (Fer), Ga'anda, Gade, Galambi, Gamargu-Mulgwa, Ganagana, Ganawuri, Gavoko (Govoko), Gbari (Gbengi), Gbedde, Gelawa, Gengle, Geji, Gera (Gere, Gerawa), Gerka (Gerkawa), Geruma (Gerumawa), Gingwak, Gira, Gizigz (Gizga), Gobirawa, Goemai, Gombi, Gomun (Gumun), Gongola (Gongla), Gubi (Gubawa), Gude, Gudu, Gungawa (Reshe), Gure, Gurmana,

Gurum, Gusu (Gusawa), Gwa (Gurawa), Gwamba, Gwandara, Gwari (Gbari),Gwong (Kagoma), Gwoza (Waha), Gyem, Ham (Jaba), Hausa, Higi, (Higgi) Holma, Hona (Hwana), Ibeno, Ibibio, Ichen, Idoma, Igala, Igbo, Ijumu, 1kom, Ikwere, Irigwe, Isoko, Isekiri (Itsekiri), Iyala (lyalla), Izon (Ijo), Jahuna (Jahunawa), Jaku, Jara (Jaar Jarawa Jarawa-Dutse), Jere (Jare, Jera, Jerawa), Jero, Jibu, Jidda-Abu, Jimbin (Jimbinawa), Jirai, Jonjo (Jenjo), Jukun, Kaba (Kabawa), Kacecere, Kaka, Kamaku (Kamukawa), Kambari (Kambariwa), Kambu, Kamo, Kamukawa (Katsinawa, Laka), Kanakuru (Dera), Kanembu, Kantana, Kanufi, Kanuri, Karekare (Karaikarari), Karimjo, Kariya, Kelawa, Kenem (Koenoem), Kenga (Kyenga, Kyengawa), Kenton, Kiba"o (Kiwo"o), Kilba, Kirfi (Kirfawa), Koma, Kona, Koro (Kwaro), Kubi (Kubawa), Kudachano (Kudawa), Kugama, Kulere (Kalere), Kunini, Kurama, Kurdul, Kushi, Kuteb, Kutin, Kwalla, Kwami (Kwom), Kwanchi, Kwanka (Kwankawa), Kwato, Kyenga (Kengawa, Kenga), Laaru (Larawa), Lakka, Lala, Lama, Lau, Libbo, Limoro (Limaro), Lopa (Lupa, Lopawa), Longunda (Lunguda), Mabo, Mada, Maguzawa, mama, Mambila, Manchok, Mandara, (Wandala), Manga (Mangawa), Margi (Marghi), Matakam, Mbembe, Mbol, Mbube, Mbula, Mbum, Mernyang (Meryan), Maingo, Miligili (Migili), Miya (Miyawa), Mobber, Montol, Moruwa (Moro'a, Morwa), Mucha"a, Mumuye (Mupung), Mushere, Mwahavul (Mwahavul), Ndoki, Ndoni, Ndoro, Ngamo, Ngizim, Ngweshe (NgosheNdhang), Nikyob (Kaninkon), Nindare, Ningi (Ningawa), Ninzam(Ninzo), Njayi (Nzanyi), Nkim, Nkum, Nokere (Nakere), Nufawa, Nunku, Nupe,. Nyandang, Ododop, Ogoni, Ogori, Okobo (Okkobor), Okpamheri, Olulumo,Oron, Owan, Owe, Oworo, Pa'a (Pa'awa,Afawa), Pabur, Pai, Panyam, Pero, Pire (Pere), Pkanzom, Poli, Polchi Habe, Pongo (Pongu)J Potopo, Pyapun (Piapung), Qua, Rebina (Rebinawa), Reshe

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(Gungawa), Rindire (Rendre)J Rishuwa, Ron, Rubu, Rukuba, Rumada, Rumaya, Sakbe, Sakkwatawa, Sanga, Sarkawa, Sate, Saya (Sayawa Za'ar), Segidi (Sigidawa), Shanga (Shangawa), Shagawa (Shagau), Shan-Shan, Shira (Shirawa), Shomo, Shuwa, Sikdi, Siri (Sirawa), Srubu (Surubu), Sukur, Sura, Tangale, Tarok, Teme, Tera (Terawa), Teshena (Teshenawa), Tigon, Tikar, Tiv, Tula, Tur, Ufia, Ukelle, Ukwani (Kwale), Uncinda, Uneme (Ineme), Urhobo, Utonkong, Uyanga, Vemgo, Verre, Vomni, Wagga, Waja, Waka, Warja (Warjawa)J Warji, Wula, Wula-matakam, Wurbo, Wurkun, Yache, Tahe, Yagba, Yakurr (Yako), Yalla, YandangJ Yergan (Yergum), Yoruba, Yotti, Yumu, Yungur, Yuom, Zabarma (Zarma, Zabarmawa), Zamfarawa, Zaranda, Zayam (Zeem), Zul (Zulawa).

FIRST SCHEDULEPart IIRegions of the Federation of Nigeria and Components Nationalities of the Regions(Section 3)(A) The Mono-Ethnic Nationalitv Regions1. Ibibio Federation2. Ijaw Federation3. Igbo Federation4. Urhobo Federation5. Edo Federation6. Yoruba Federation7. Tiv Federation8. Nupe Federation9. Fulah Federation10. Gbagyi Federation11. Kanuri Federation12. Hausa Federation(8) The Multi- Ethnic Nationalitv Regions1. Re ion corn risin Smaller Nationalities of Cross River & Akwa Ibom~ -(South East Region) Eket, Annang, Oron, Ibeno, Efik, Ejagham, Korop, 8oki, 8akwara, Yakurr, Yala etc2. Re ion corn risin Smaller Nationalities of 8a elsa & Rivers States -(East Delta Region) Ikwerre, Ebani, Etchei, Ekpeye, Engeni, Ogba, Eleme, Ndoki, Ndoni, Ogoni,Andonietc

Reaion comDrisina Smaller Nationalities of Edo & Delta States -(West Delta Region) Anioma, Ika, Ndokwa, Itsekiri, Isoko etc

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Reaion comDrisina Smaller Nationalities of West Middle Belt -(West Middle Belt Region) Zuru,Kambari, Bariba, Bussa, Karekare, Ngizim, Angamo, Bola, Funnel etcReaion comDrisina Smaller Nationalities of Central Middle Belt -(Central Middle Belt Region)Ebira Group: Ebira, Uku, Ebira-Ugu, Ebira-Panda, Etuno-lgarra,.Ebira- Mozun, Bassa-Nge etcIgala GroupiDS1 ()ogj Kabba Group: Owe, Abinu, Ijumu, YagbaIdoma GroupUpper Benue Group: Alago, Eggon, Gwandara, Mada, Kakanda, Mighil Bassa-komu, Ninzon,Arum, etcNok Group: Atyap, Ham, Bajju, Ninzam, Ikullu,KamantonIGwandaraI Kahugu, Kwasam, Hori, Ninkyop, etcReaions comDrisina Smaller Nationalities of East Ml !~ (East Middle.Belt Region)Plateau Group:- Ngas, berom, Afezere, Tarok, Goemai, Mavo-Jukun, Amu, Pyem, Youm etcTaraba Group: Chamba, Jukun, Kuteb, Mambila, Kona, Kunni, Kaanab, Ndoro,Abakwa, Mumuye, Yububen etcSavanna Group: Burra, Tangale-Waja, Bachama, Manghi, Kilba, Yungur, Mwanna, Bwazza, Mbula etcThe Second ScheduleTerritories comprising The Regions( Awaits expe!1 delineation and exercise of choice by border area ethnic nationalities)

The Third ScheduleThe Exclusive ListItem1. Antiquities2. Arms and Ammunitions except to the extent required by Regions for the purpose of their Police.and Prison Services.3. Borrowing of moneys within Nigeria forthe purposes of the Federation.4. Census provided the Regions may conduct Census within their territories for internal use .5. Control of capital issues.6. Copyright7. Currency, coinage and legal tender.8. Customs and excise duties, including export duties9. Defence.10. Deportation and compulsory removal of persons from Nigeria.11. Designation of securities in which trust funds may be invested.12. Drug Control and Administration.

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13. Exchange control.14. External affairs15. Extradition16. All Federal Educational and Research Institutions.17. Immigration into and emigration from Nigeria.18. Incorporation, regulation and winding-up of bodies corporate, in the

Federal Capital Territory as well as central name-availability and reservation services for the Federation.19. Insurance other than insurance undertaken by the Government of a Region but including any insurance undertaken by the Government of a Region that extends beyond the limits of that Region .20. Legal proceedings between the Government of the Federation and any other person or authority or between the Government of Regions.21. Maritime shipping and navigation, including--(a) shipping and navigation on tidal waters;(b) shipping and navigation on the River Niger and its affluent and on any such other(c) inland waterway as may be declared by Parliament to be an international waterway or to be an inter-Regional waterway;(d) lighthouses, lightships, beacons and other provisions for the safety of shipping and navigation ;(e) such ports as may be declared by Parliament to be Federal ports (including the constitution and powers of port authorities for Federal ports).22. Meteorology.23. Offshore Mines and Minerals, including oilfields, oil mining, geological surveys and natural gas falling outside the seaward boundaries of the Regions being two hundred meters depth watermark.24. All the Museums established by the Government of the Federation.25. Naval, military and airforces.26. Nuclear energy.27. Passports and visas. .28. Pensions, gratuities and other like benefits payable out of theConsolidated Revenue Fund or any other public fund of the Federation. 29. Posts, telegraphs. including post office savings banks30. Powers, privileges and immunities of Parliament and its members.

31. The public debt of the Federation. 32. Public relations of the Federation.33. The public service of the Federation, including the settlement ofdisputes between the Federation and officers in the public service of the Federation.

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34. Taxes on matters under the Exclusive legislative List35. Tribunalsofinquirywith respect to all oranyofthe matters mentionedin this list.36. Railway Roads, Trunk roads, that is to say, the construction, alteration and maintenance of such roads as may be declared by Parliament to be Federal trunk roads.37. Water from such sources as may be declared by Parliament to be sources affecting more than one Region.38. Weights and measures39. Wireless, broadcasting and television, allocation of wavelengths fro wireless broadcasting and television transmission provided by the Government of a Region.40. The matters with respect to which Parliament is empowered to make provision By sections 4, 8, 9, 10, 14,29, 34,40, 44, 47, 63, 70, 73, 82, 91 , 119,121,122,124,128,145,148,149,150,151,153,and17041. Any matter that is incidental or supplementary---(a) to any matter mentioned elsewhere in this list: or(b) to the discharge by the Government of the Federation or any officer, court or authority of the Federation of any function conferred by this Constitution .FOURTH SCHEDULEFEDERAL EXECUTIVE BODIES(ESTABLISHED BY SECTION 115) jr(T ;,A- Federal Civil Service Commission

(1.) The Federal Civil Service Commission shall comprise the following members-(a) a Chairman; and(b) not more than twelve other members, who shall, in the opinion of the President, be persons of unquestionable integrity and sound political judgment.(2) 1 The Commission shall without prejudice to the powers vested in the President, the National Judicial Council, the Federal Judicial Service Commission, the National Population Commission and the Police Service Commission, have power-(a) to appoint persons to offices in the Federal Civil Service; and(b) to dismiss and exercise disciplinary control over persons holding such offices.(2) The Commission shall not exercise any of its powers under sub-paragraph (1) of this paragraph in respect of such offices ofheads of divisions of Ministries or of departments of the government of the Federation as may, from time to time, be designated by an order made by the President except after consultation with the Head of the Civil Service of the Federation.B The Federal Electoral Commission

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3. (1) The Federal Electoral Commission shall comprise the following members-(a) a Chairman, who shall be the Chief Electoral Commissioner; and(b) other members in accordance with section 46 of this Constitution to beknown as National Electoral Commissioner$, who shall be persons of unquestionably integrity and not less than forty years of age.(2) There shall be for each Region of the Federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissionerwho shall-(a) be elected in like manner as be Chairman;(b) be persons of unquestionable integrity;( c) not be less than forty years of age.4. The Commission shall have power to –

(a) organise, undertake and supervise all elections to the Parliament, the Regional Houses.(b) monitor the organisation and operation of the political parties, including theirfinances;( c) 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;(d) 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 underthis Constitution;( e) monitor political campaigns and provide rules and regulations which shall govern the political parties;(f) ensure that all Electoral Commissioners, Electoral and Returning Officerstake and subscribe the Oath of Office prescribed by law;(g) delegate any of its powers to any Resident Electoral Commissioner; and(h) carry out such other functions as may be conferred upon it by an Act of the Parliament.C. Federal Judicial Service Commission5. The Federal Judicial Service Commission shall comprise the following members-(a) the Chief Justice of Nigeria, who shall be the Chairman;(b) the President of the Court of Appeal;(c) the Attorney-General of the Federation;( d) the Chief Judge of the Federal High Court;(e) 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(f) two other persons, not being legal practitioners, who in the opinion of the President are of unquestionable integrity.

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6. The Commission shall have power to -(a) advise the National Judicial Council in nominating persons for appointment, as respects appointments to the office of -(i) the Chief Justice of Nigeria;

(ii) a Justice of the Supreme Court:(iii) the President of the Court of Appeal;(iv) a Justice of the Court of Appeal:(v) the Chief Judge of the Federal High Court;(vi) a Judgeofthe Federal High Court: and(iv) the Chairman and members of the CodeofConductTribunal.(b) recommend to the National Judicial Council, the removal from office of thejudicial officers specified in sub-paragraph (a) of this paragraph; and(c) 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 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.D National Defence Security Council7. The National Security Council shall comprise the following members -(a) the President who shall be the Chairman;(b) the Prime Ministerwho shall be the Deputy Chairman;(c) the Chief of Defence Staff:(d) the Minister of the Government of the Federation charged with theresponsibility for internal affairs.(e) the Minister of the Government of the Federation charged responsibility for defence:(f) the Minister of the Government of the Federation charged with theresponsibility for foreign affairs:(g) the National Security Adviser(h) the Inspector-General of Police: and(i) such other persons as the President may in his discretion appoint notexceeding four.8. 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 lawforensuring the security of the Federation.E. National Population Commission

9. The National Population Commission shall comprise the following members (a) a Chairman; and

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(b) one person from each Region of the Federation and the Federal CapitalTerritory, Abuja.10. The Commission shall have power to -(a) undertake periodical enumeration of population through sample surveys,censuses or otherwise;(b) establish and maintain a machinery for continuous and universal registration of births and deaths throughout the Federation;(c) advise the President on population matters;(d) publish and provide information and data on population for the purpose of facilitating economic and development planning; and(e) appoint and train or arrange for the appointment and training of enumerators orthe staff of the Commission.F- Police Service Commission11. The Police Service Commission shall comprise the following members -(a) a Chairman; and(b) such number of other persons, not less ~han seven but not more than nine, as maybe prescribed by anActofthe Parliament.12. The Commission shall have power to -(a) appoint persons to offices (other than office of the Inspector-General of Police) in the Nigeria Police Service; and(b) dismiss and exercise disciplinary control over persons holding any office referred to in sub-paragraph (a) of this paragraph.G -Revenue Mobilisation Allocation and Fiscal Commission13. The Revenue Mobilisation Allocation and Fiscal Commission shall comprise the following members -(a) a Chairman; and(b) one member from each Region 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.14. The Commission shall have power to -(A) monitor the accruals to and disbursement of revenue from the Federation Account;

(b) review, from time to time, the revenue allocation formulae and principles in operation to ensure conformity with this Constitution and any 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;(c) advise the Federal and Regional Governments on fiscal efficiency and methods bywhich their revenue can be increased;(d) determine the remuneration appropriate for political office holders, including the President, Premiers and Deputy Premiers, Ministers,

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Commissioners, Special Advisers, Legislators and the holders of the offices created under this Constitution.(e) discharge such other functions as are conferred on the Commission by this Constitution or any Act of the Parliament.The Fifth ScheduleOathsOaths of Allegiance1, Do solemnly swear/affirm that I will be faithful and bear trueallegiance to the Federal Republic of Nigeria and that I will preserve, protect and defend the Constitution of the Federal Republic of NigeriaSo help me GodOath of Office of President and Prime MinisterI, do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as President/Prime Minister of the Federal Republic of Nigeria, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communication or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President/Prime Minister of the Federal Republic of Nigeria, except as may be required for the due discharge of my duties as President/Prime

Minister; and that I will devote myself to the service and well-being of the people of Nigeria. So help me God.Oath of Office of Governor/Premier of a RegionI, do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as the Governor/Premier of Region, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and thelaw, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of the Federal Republic of Nigeria; that I will exercise the authority vested in me as Governor/Premier so as not to impede or prejudice the authority lawfully vested in the President of the Federal Republic of Nigeria and so as not to endanger the continuance of Federal Government in Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability preserve, protect and

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defend the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought undermy consideration or shall become known to me as Governor/Premier of Region, except as may be required for the due discharge of my duties asGovernor/Premier; and that I will devote myself to the service and well-being of the people of Nigeria.So help me God.Oath of a Member of Parliament or Member of the Legislative House of a Region.I, do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as a Member of the House of Representative.s , I will perform my functions honestly to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and the rules of the House of Representativesand always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of the Federal Republic of Nigeria; and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria.So help me God.

Judicial OathI, do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as I will discharge my duties, and perform my functions honestly, to the best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria and the law, that I will not allow my personal interest to influence my official conduct or my official decisions; that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria.So help me GodPART IIIInterpretation1. In this Schedule, references to incidental and supplementary mattersinclude, without prejudice to their generality---(a) offences;(b) the jurisdiction, powers, practice and procedure ofcourtsoflaw ; and (C) the acquisition and tenure of land.2. Where by this Schedule Parliament is empowered to make any declaration that declaration may be made by resolutions passed by both Houses of Parliament instead of by Act of Parliament.

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