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Nigeria

The Constitution of the Federal Republic of Nigeria (1999, as amended) is the supreme law of Nigeria. It establishes the framework for governance, fundamental rights, and the structure of the federal, state, and local governments.

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General

General Provisions

THE CONSTITUTION

OF THE FEDERAL

REPUBLIC OF NIGERIA

1999

With the 1st, 2nd, 3rd Alterations (2010), 4th

Alteration (2017) and 5th Alteration (2023)UPDATED

The Constitution of the

Federal Republic of Nigeria

1999

Updated with the 1st, 2nd, 3rd Alterations (2010),

4th Alteration (2017) and 5th Alteration (2023)

Printed by

Policy and Legal Advocacy Centre (PLAC)

Plot 451 Gambo Jimeta Crescent

Guzape District, Abuja.Website: www.placng.org

Email: info@placng.org

Phone: +2348091899999

@placng

@placngwww.facebook.com/placng

Original print: 2019

First Revision: November 2022

Second Revision: April 2023

Third Revision: October 2023

Printed with Support from the Foreign, Commonwealth and Development

Office (FCDO), December 2023

FOREWORD

This publication provides an updated version of the 1999 Constitution of

the Federal Republic of Nigeria with the first, second and third alterations

of 2010, the fourth alteration of 2017 as well as the recent fifth alteration

of 2023. It was inspired by the absence of a single document that

incorporates all the alterations to the Constitution, considering that the

country is replete with different versions, making it difficult to use. This

Constitution document aims to provide a comprehensive Constitution

that is accessible to lawyers, academics, researchers and the public.

In compiling this document, PLAC has meticulously delved into the

archives researching into the original works of National Assembly’s

Constitution Alteration efforts since the 6th Assembly. PLAC has also dug

up the original first print of the 1999 Constitution from the government

printers and gazettes to achieve a comprehensive and up to date copy

of the Nigerian Constitution.

Since 2010, PLAC has worked closely with the National Assembly to

provide technical support for the work of the legislature in Constitution

review.

Given PLAC’s work and engagement with the National Assembly,

State Houses of Assembly and the executive arm of government, on

Constitution Review and other law reform issues, PLAC is very well

placed to produce a reliable and updated Constitution of the Federal

Republic of Nigeria.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsCONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

ARRANGEMENT OF SECTIONS

CHAPTER I

General Provisions

PART I

Federal Republic of Nigeria

1. Supremacy of the Constitution

2. The Federal Republic of Nigeria

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

Abuja

PART II

Powers of the Federal Republic of Nigeria

4. Legislative powers

5. Executive powers

6. Judicial powers

7. Local government system

8. New States and boundary adjustment, etc.

9. Mode of altering provisions of the Constitution

10. Prohibition of State Religion

11. Public order and public security

12. Implementation of treaties

CHAPTER II

Fundamental Objectives and Directive Principles of State Policy

13. Fundamental obligations of the Government

14. The Government and the people

15. Political objectives

16. Economic objectives

16A. Food Security

17. Social objectives

18. Educational objectives

19. Foreign policy objectives

20. Environmental objectives

21. Directive on Nigerian cultures

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations22. Obligation of the mass media

23. National ethics

24. Duties of the citizens

CHAPTER III

Citizenship

25. Citizenship by birth.

26. Citizenship by registration

27. Citizenship by naturalisation

28. Dual citizenship

29. Renunciation of citizenship

30. Deprivation of citizenship

31. Persons deemed to be Nigerian citizens

32. Power to make regulations

CHAPTER IV

Fundamental Rights

33. Right to life

34. Right to dignity of human person

35. Right to personal liberty

36. Right to fair hearing

37. Right to private and family life

38. Right to freedom of thought, conscience and religion

39. Right to freedom of expression and the press

40. Right to peaceful assembly and association

41. Right to freedom of movement

42. Right to freedom from discrimination

43. Right to acquire and own immovable property anywhere in

Nigeria

44. Compulsory acquisition of property

45. Restriction on and derogation from fundamental rights

46. Special jurisdiction of High Court and legal aid

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsCHAPTER V

The legislature

PART I

National Assembly

A - Composition and Staff of National Assembly

47. Establishment of the National Assembly

48. Composition of the Senate

49. Composition of the House of Representatives

50. President of the Senate and Speaker of the House of

Representatives

51. Staff of the National Assembly

B - Procedure for Summoning and Dissolution of National

Assembly

52. Declaration of assets and liabilities; oaths of members

53. Presiding at sittings of the National Assembly and at joint

sittings

54. Quorum

55. Languages

56. Voting

57. Unqualified person sitting or voting

58. Mode of exercising Federal legislative power: general

59. Mode of exercising Federal legislative power: money bills

60. Regulation of procedure

61. Vacancy or participation of strangers not to invalidate

proceedings

62. Committees

63. Sittings

64. Dissolution and issue of proclamations by president.

C - Qualifications for Membership of National Assembly and Right

of Attendance

65. Qualifications for election

66. Disqualifications

67. Right of attendance of President

68. Tenure of seat of Members

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations69. Recall

70. Remuneration

D - Elections to National Assembly

71. Senatorial districts and Federal constituencies

72. Size of Senatorial districts and Federal constituencies

73. Periodical review of Senatorial districts and Federal

constituencies

74. Time when alteration of Senatorial districts or Federal

constituencies takes effect

75. Ascertainment of population

76. Time of election to the National Assembly

77. Direct election and franchise

78. Supervision of election

79. Power of the National Assembly as to determination of

certain questions

E - Powers and Control over Public Funds

80. Establishment of Consolidated Revenue Fund

81. Authorisation of expenditure from Consolidated Revenue

Fund

82. Authorisation of expenditure in default appropriations

83. Contingencies Fund

84. Remuneration, etc. of the President and certain other

officers

85. Audit of public accounts

86. Appointment of Auditor-General

87. Tenure of office of Auditor-General

88. Power to conduct investigations

89. Power as to matters of evidence

PART II

House of Assembly of a State

A - Composition and Staff of House of Assembly

90. Establishment of House of Assembly for each State

91. Composition of the House of Assembly

92. Speaker of House of Assembly

93. Staff of House of Assembly

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsB - Procedure for Summoning and Dissolution of House of Assembly

94. Declaration of assets and liabilities; oaths of members

95. Presiding at sittings

96. Quorum

97. Languages

98. Voting

99. Unqualified person sitting or voting

100. Mode of exercising legislative power of a State

101. Regulation of procedure

102. Vacancy or participation of strangers not to invalidate

proceedings

103. Committees

104. Sittings

105. Dissolution and issue of proclamation by Governor

C -Qualification for Membership of House of Assembly and Right

of Attendance

106. Qualifications for election

107. Disqualifications

108. Right of attendance of Governor

109. Tenure of seat of Members

110. Recall

111. Remuneration

D - Elections to a House of Assembly

112. State constituencies

113. Size of State constituencies

114. Periodical review of State constituencies

115. Time when alteration of State constituencies takes effect

116. Time of elections to Houses of Assembly

117. Direct election and franchise

118. Supervision of election

119. Power of National Assembly as to determination of certain

questions

E - Powers and Control over Public Funds

120. Establishment of Consolidated Revenue Fund

121. Authorisation of expenditure from Consolidated Revenue

Fund

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations122. Authorisation of expenditure in default of appropriations

123. Contingencies Fund

124. Remuneration, etc. of the Governor and certain other

officers

125. Audit of public accounts

126. Appointment of Auditor-General

127. Tenure of office of Auditor-General

128. Power to conduct investigations

129. Power as to matters of evidence

CHAPTER VI

The Executive

PART I

Federal Executive

A - The President of the Federation

130. Establishment of the office of President

131. Qualification for election as President

132. Election of President: general

133. Election: single Presidential candidate

134. Election: two or more Presidential candidates

135. Tenure of office of President

136. Death, etc. of President-elect before oath of office

137. Disqualifications

138. President: disqualification from other jobs

139. Determination of certain questions relating to election

140. Declaration of assets and liabilities; oaths of President

141. Establishment of office of Vice- President

142. Nomination and election of Vice-President

143. Removal of President from office

144. Permanent incapacity of President or Vice-President

145. Acting President during temporary absence of President

146. Discharge of functions of President

147. Ministers of Federal Government

148. Executive responsibilities of Ministers

149. Declaration of assets and liabilities; oaths of Ministers

150. Attorney-General of the Federation

151. Special Advisers

152. Declaration of assets and liabilities; oaths of Special Adviser

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsB - Establishment of certain Federal Executive Bodies

153. Federal Commissions and Councils, etc.

154. Appointment of Chairman and members

155. Tenure of office of members

156. Qualification for membership

157. Removal of members

158. Independence of certain bodies

159. Quorum and decisions

160. Powers and Procedure

161. Interpretation

C - Public Revenue

162. Distributable pool account

163. Allocation of other revenues

164. Federal grants-in-aid of State revenue

165. Cost of collection of certain duties

166. Set-off

167. Sums charged on Consolidated Revenue Fund

168. Provisions with regard to payments

D - The public service of the Federation

169. Establishment of civil service of the Federation

170. Federal Civil Service Commission: power to delegate

functions

171. Presidential appointments

172. Code of Conduct

173. Protection of pension rights

174. Public prosecutions

175. Prerogative of mercy

PART II

State Executive

A - Governor of a State

176. Establishment of office of Governor

177. Qualification for election as Governor

178. Election of Governor: general

179. Election: single candidate and two or more candidates

180. Tenure of office of Governor

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations181. Death, etc. of Governor-elect before oath of office

182. Disqualifications

183. Governor: disqualification from other jobs

184. Determination of certain questions relating to elections

185. Declaration of assets and liabilities: oaths of office of

Governor

186. Establishment of the office of the Deputy Governor

187. Nomination and election of the Deputy Governor

188. Removal of Governor or Deputy Governor from office

189. Permanent incapacity of Governor or Deputy Governor

190. Acting Governor during temporary absence of Governor

191. Discharge of functions of Governor

192. Commissioners of State Government

193. Executive responsibilities of Deputy Governor and

Commissioners

194. Declaration of assets and liabilities; oaths of Commissioners

195. Attorney-General of a State

196. Special Advisers

B - Establishment of certain State Executive Bodies

197. State Commissions

198. Appointment of chairman and members

199. Tenure of office of the members

200. Qualification for membership

201. Removal of members

202. Independence of certain bodies

203. Quorum and decisions

204. Powers and procedure

205. Interpretation

C - The Public Service of a State

206. Establishment of State civil service

207. State Civil Service Commission: power of delegation

208. Appointments by Governor

209. Code of Conduct

210. Protection of pension rights

211. Public prosecutions

212. Prerogative of mercy

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART III

Supplemental

A - National Population Census

213. National population census

B - Nigeria Police Force

214. Establishment of Nigeria Police Force

215. Appointment of Inspector-General and control of Nigeria

Police Force

216. Delegation of powers to the Inspector-General of Police

C - Armed forces of the Federation

217. Establishment and composition of the Armed Forces of the

Federation

218. Command and operational use

219. Establishment of body to ensure federal character of

Armed Forces

220. Compulsory military service

D - Political Parties

221. Prohibition of political activities by certain associations

222. Restriction on formation of political parties

223. Constitution and rules of political parties

224. Aims and objects

225. Finances of political parties

225A. De-registration of political party

226. Annual reports on finances

227. Prohibition of quasi-military organisations

228. Powers of the National Assembly with respect to political

parties

229. Interpretation

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsCHAPTER VII

The Judicature

PART I

Federal Courts

A - The Supreme Court of Nigeria

230. Establishment of the Supreme Court of Nigeria

231. Appointment of Chief Justice of Nigeria and Justices of

the Supreme Court

232. Original jurisdiction

233. Appellate jurisdiction

234. Constitution

235. Finality of determinations

236. Practice and procedure

B - The Court of Appeal

237. Establishment of Court of Appeal

238. Appointment of President and Justices of the Court of

Appeal

239. Original jurisdiction

240. Appellate jurisdiction

241. Appeals as of right from the Federal High Court or a High

Court

242. Appeals with leave

243. Exercise of the rights of appeal from the Federal High

Court, National Industrial Court or a High Court in civil and

criminal matters.

244. Appeals from Sharia Court of Appeal

245. Appeals from Customary Court of Appeal

246. Appeal from Code of Conduct Tribunal and other courts

and tribunals

247. Constitution

248. Practice and procedure

C - The Federal High Court

249. Establishment of the Federal High Court

250. Appointment of Chief Judge and Judges of the Federal

High Court

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations251. Jurisdiction

252. Powers

253. Constitution

254. Practice and procedure

CC- The National Industrial Court

254A. Establishment and composition of the National Industrial

Court

254B. Appointment of President and Judges of the National

Industrial Court

254C. Jurisdiction

254D. Powers

254E. Constitution of the Court

254F. Practice and procedure

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

255. Establishment and composition of the High Court of the

Federal Capital Territory, Abuja

256. Appointment of Chief Judge and Judges of the High

Court of the Federal Capital Territory, Abuja

257. Jurisdiction

258. Constitution

259. Practice and procedure

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

Abuja

260. Establishment of the Sharia Court of Appeal of the Federal

Capital Territory, Abuja

261. Appointment of Grand Kadi and Kadis of the Sharia

Court of Appeal of the Federal Capital Territory, Abuja

262. Jurisdiction

263. Constitution

264. Practice and procedure

F - The Customary Court of Appeal of the Federal Capital

Territory, Abuja

265. Establishment of the Customary Court of Appeal of the

Federal Capital Territory, Abuja

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations266. Appointment of President and Judges of the Customary

Court of Appeal of the Federal Capital Territory, Abuja

267. Jurisdiction

268. Constitution

269. Practice and procedure

PART II

State courts

A - High Court of a State

270. Establishment of a High Court for each State

271. Appointment of Chief Judge and Judges of the High

Court of a State

272. Jurisdiction: general

273. Constitution

274. Practice and procedure

B - Sharia Court of Appeal of a State

275. Establishment of Sharia Court of Appeal of a State

276. Appointment of Grand Kadi and Kadis of the Sharia Court

of Appeal of a State

277. Jurisdiction

278. Constitution

279. Practice and procedure

C - Customary Court of Appeal of a State

280. Establishment of a Customary Court of Appeal

281. Appointment of President and Judges of the Customary

Court of Appeal of a State

282. Jurisdiction

283. Constitution

284. Practice and procedure

PART III

Election Tribunals

285. Time for determination of pre-election matters,

establishment of Election Tribunals and time for

determination of election petitions

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART IV

Supplemental

286. Jurisdiction of State courts in respect of Federal causes

287. Enforcement of decisions

288. Appointment of persons learned in Islamic personal law

and customary law

289. Disqualification of certain legal practitioners

290. Declaration of assets and liabilities: oaths of judicial officers

291. Tenure of office and pension rights of judicial officers

292. Removal of judicial officers from office

293. Vacancies

294. Determination of causes and matters

295. Reference of questions of law

296. Interpretation

CHAPTER VIII

Federal Capital Territory, Abuja and general supplementary

provisions

PART I

Federal Capital Territory, Abuja

297. Federal Capital Territory, Abuja: ownership of lands

298. Capital of the Federation

299. Application of Constitution

300. Representation in the National Assembly

301. Adaptation of certain references

302. Minister of Federal Capital Territory, Abuja

303. Administration of the Federal Capital Territory, Abuja

304. Establishment of the Judicial Service Committee of the

Federal Capital Territory, Abuja

PART II

Miscellaneous Provisions

305. Procedure for proclamation of state of emergency

306. Resignations

307. Restriction on certain citizens

308. Restrictions on legal proceedings

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART III

Transitional provisions and savings

309. Citizenship

310. Staff of legislative houses

311. Standing Orders

312. Special provisions in respect of first election

313. System of revenue allocation

314. Debts

315. Existing law

316. Existing offices, courts and authorities

317. Succession to property, rights, liabilities and obligations

PART IV

Interpretation, citation and commencement

318. Interpretation

319. Citation

320. Commencement

SCHEDULES

FIRST SCHEDULE

PART I

States of the Federation

PART II

Definition of Area Councils of Federal Capital Territory, Abuja

SECOND SCHEDULE

Legislative Powers

PART I

Exclusive Legislative List

PART II

Concurrent Legislative List

PART III

Supplemental and Interpretation

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsTHIRD SCHEDULE

PART I

Federal Executive Bodies

Code of Conduct Bureau

Council of State

Federal Character Commission

Federal Civil Service Commission

Federal Judicial Service Commission

Independent National Electoral Commission

National Defence Council

National Economic Council

National Judicial Council

National Population Commission

National Security Council

Nigeria Police Council

Police Service Commission

Revenue Mobilisation Allocation and Fiscal Commission

PART II

State Bodies

State Civil Service Commission

State House of Assembly Service Commission

State Independent Electoral Commission

State Judicial Service Commission

PART III

Federal Capital Territory, Abuja executive body

Judicial Service Committee of the Federal Capital Territory, Abuja

FOURTH SCHEDULE

Functions of a Local Government Council

FIFTH SCHEDULE

PART I

Code of Conduct for Public Officers

General

Code of Conduct Tribunal

Interpretation

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART II

Public Officers for the purposes of the Code of conduct

SIXTH SCHEDULE

Election Tribunals

National and State Houses of Assembly Election Tribunal

Governorship and Legislative Houses Election tribunal

SEVENTH SCHEDULE

Oaths

Oaths of Allegiance

Oath of Office of President

Oath of Office of Governor of a State

Oath of Office of Vice-President, Deputy Governor, Minister,

Commissioner or Special Adviser

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

Assembly

Judicial Oath

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsCONSTITUTION OF THE FEDERAL REPUBLIC OF

NIGERIA 1999

WE the people of the Federal Republic of Nigeria:

HAVING firmly and solemnly resolved:

TO LIVE in unity and harmony as one indivisible and indissoluble

Sovereign Nation under God dedicated to the promotion of inter-

African solidarity, world peace, international co-operation and

understanding:

AND TO PROVIDE for a Constitution for the purpose of promoting

the good government and welfare of all persons in our country on

the principles of Freedom, Equality and Justice, and for the purpose

of consolidating the Unity of our people:

DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the

following Constitution:

CHAPTER I

General Provisions

PART I

Federal Republic of Nigeria

1. Supremacy of the Constitution

(1) This Constitution is supreme and its provisions shall have

binding force on all authorities and persons throughout the Federal

Republic of Nigeria.

(2) The Federal Republic of Nigeria shall not be governed, nor shall

any persons or group of persons take control of the Government of

Nigeria or any part thereof, except in accordance with the provisions

of this Constitution.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) If any other law is inconsistent with the provisions of this

Constitution, this Constitution shall prevail, and that other law shall

to the extent of the inconsistency be void.

2. The Federal Republic of Nigeria

(1) Nigeria is one indivisible and indissoluble Sovereign State to be

known by the name of the Federal Republic of Nigeria.

(2) Nigeria shall be a Federation consisting of States and a Federal

Capital Territory.

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

Abuja

(1) There shall be thirty-six States in Nigeria, that is to say, Abia,

Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno,

Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa,

Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa,

Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba,

Yobe and Zamfara.

(2) Each State of Nigeria named in the first column of Part I of the

First Schedule to this Constitution shall consist of the area shown

opposite thereto in the second column of that Schedule.

[Part I First Schedule]

(3) The headquarters of the Government of each State shall be

known as the Capital City of that State as shown in the third column

of the said Part I of the First Schedule opposite the State named in

the first column thereof.

[Part I First Schedule]

(4) The Federal Capital Territory, Abuja shall be as defined in Part II

of the First Schedule to this Constitution.

[Part II First Schedule]

(5) The provisions of this Constitution in Part I of Chapter VIII hereof

shall, in relation to the Federal Capital Territory, Abuja, have effect

in the manner set out thereunder.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations

(6) There shall be seven hundred and sixty-eight local government

areas in Nigeria as shown in the second column of Part I of the First

Schedule to this Constitution and six area councils as shown in Part

II of that Schedule.

[Part I and II First Schedule]

PART II

Powers of the Federal Republic of Nigeria

4. Legislative powers

(1) The legislative powers of the Federal Republic of Nigeria shall

be vested in a National Assembly for the Federation which shall

consist of a Senate and a House of Representatives.

(2) The National Assembly shall have power to make laws for the

peace, order and good government of the Federation or any

part thereof with respect to any matter included in the Exclusive

Legislative List set out in Part I of the Second Schedule to this

Constitution.

[Part I First Schedule]

(3) The power of the National Assembly to make laws for the peace,

order and good government of the Federation with respect to

any matter included in the Exclusive Legislative List shall, save as

otherwise provided in this Constitution, be to the exclusion of the

Houses of Assembly of States.

(4) In addition and without prejudice to the powers conferred by

subsection (2) of this Section, the National Assembly shall have

power to make laws with respect to the following matters, that is

to say-

(a) any matter in the Concurrent Legislative List set out in the first

column of Part II of the Second Schedule to this Constitution to

the extent prescribed in the second column opposite thereto;

and

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations[Part II Second Schedule]

(b) any other matter with respect to which it is empowered to

make laws in accordance with the provisions of this Constitution.

(5) If any Law enacted by the House of Assembly of a State is

inconsistent with any law validly made by the National Assembly,

the law made by the National Assembly shall prevail, and that other

Law shall to the extent of the inconsistency be void.

(6) The legislative powers of a State of the Federation shall be

vested in the House of Assembly of the State.

(7) The House of Assembly of a State shall have power to make laws

for the peace, order and good government of the State or any part

thereof with respect to the following matters, that is to say-

(a) any matter not included in the Exclusive Legislative List set

out in Part I of the Second Schedule to this Constitution;

[Part I Second Schedule]

(b) any matter included in the Concurrent Legislative List set

out in the first column of Part II of the Second Schedule to this

Constitution to the extent prescribed in the second column

opposite thereto; and

[Part II Second Schedule]

make laws in accordance with the provisions of this Constitution.

(8) Save as otherwise provided by this Constitution, the exercise

of legislative powers by the National Assembly or by a House of

Assembly shall be subject to the jurisdiction of courts of law and of

judicial tribunals established by law, and accordingly, the National

Assembly or a House of Assembly shall not enact any law, that ousts

or purports to oust the jurisdiction of a court of law or of a judicial

tribunal established by law.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(9) Notwithstanding the foregoing provisions of this section, the

National Assembly or a House of Assembly shall not, in relation

to any criminal offence whatsoever, have power to make any law

which shall have retrospective effect.

5. Executive powers

(1) Subject to the provisions of this Constitution, the executive

powers of the Federation-

(a) shall be vested in the President and may, subject as aforesaid

and to the provisions of any law made by the National Assembly,

be exercised by him either directly or through the Vice-President

and Ministers of the Government of the Federation or officers in

the public service of the Federation; and

(b) shall extend to the execution and maintenance of this

Constitution, all laws made by the National Assembly and to all

matters with respect to which the National Assembly has, for the

time being, power to make laws.

(2) Subject to the provisions of this Constitution, the executive

powers of a State-

(a) shall be vested in the Governor of that State and may, subject

as aforesaid and to the provisions of any Law made by a House

of Assembly, be exercised by him either directly or through the

Deputy Governor and Commissioners of the Government of that

State or officers in the public service of the State; and

(b) shall extend to the execution and maintenance of this

Constitution, all laws made by the House of Assembly of that

State and to all matters with respect to which the House of

Assembly has for the time being power to make laws.

(3) The executive powers vested in a State under subsection (2) of

this section shall be exercised as not to-

(a) impede or prejudice the exercise of the executive powers of

the Federation;

(b) endanger any asset or investment of the Government of the

Federation in that State; or

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(c) endanger the continuance of a federal government in Nigeria.

(4) Notwithstanding the foregoing provisions of this section-

(a) the President shall not declare a state of war between the

Federation and another country except with the sanction of a

resolution of both Houses of the National Assembly sitting in a

joint session; and

(b) except with the prior approval of the Senate, no member of

the armed forces of the Federation shall be deployed on combat

duty outside Nigeria.

(5) Notwithstanding the provisions of subsection (4) of this section,

the President, in consultation with the National Defence Council,

may deploy members of the armed forces of the Federation on

a limited combat duty outside Nigeria if he is satisfied that the

national security is under imminent threat or danger:

Provided that the President shall, within seven days of actual combat

engagement, seek the consent of the Senate and the Senate shall

thereafter give or refuse the said consent within fourteen days.

6. Judicial powers

(1) The judicial powers of the Federation shall be vested in the

courts to which this section relates, being courts established for the

Federation.

(2) The judicial powers of a State shall be vested in the courts to

which this section relates, being courts established, subject as

provided by this Constitution, for a State.

(3) The courts to which this section relates established by this

Constitution for the Federation and for the States, specified in

subsection (5) (a) to (i) of this section, shall be the only superior

courts of record in Nigeria; and save as otherwise prescribed by the

National Assembly or by the House of Assembly of a State, each

court shall have all the powers of a superior court of record.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(4) Nothing in the foregoing provisions of this section shall be

construed as precluding-

(a) the National Assembly or any House of Assembly from

establishing courts, other than those to which this section relates,

with subordinate jurisdiction to that of a High Court;

(b) the National Assembly or any House of Assembly, which does

not require it, from abolishing any court which it has power to

establish or which it has brought into being.

(5) This section relates to-

(a) the Supreme Court of Nigeria;

(b) the Court of Appeal;

(cc) the National Industrial Court

(d) the High Court of the Federal Capital Territory, Abuja;

(e) a High Court of a State

(f) the Sharia Court of Appeal of the Federal Capital Territory,

Abuja;

(g) a Sharia Court of Appeal of a State;

(h) the Customary Court of Appeal of the Federal Capital

Territory, Abuja;

(i) a Customary Court of Appeal of a State;

(j) such other courts as may be authorised by law to exercise

jurisdiction on matters with respect to which the National

Assembly may make laws; and [Section 6(5)

(cc) is inserted by

Constitution of the

Federal Republic

of Nigeria (Third

Alteration) Act 2010]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(k) such other courts as may be authorised by law to exercise

jurisdiction at first instance or on appeal on matters with respect

to which a House of Assembly may make laws.

(6) The judicial powers vested in accordance with the foregoing

provisions of this section –

(a) shall extend, notwithstanding anything to the contrary in this

constitution, to all inherent powers and sanctions of a court of

law;

(b) shall extend to all matters between persons, or between

government or authority and to any person in Nigeria, and to all

actions and proceedings relating thereto, for the determination

of any question as to the civil rights and obligations of that

person;

extend to any issue or question as to whether any act or omission

by any authority or person or as to whether any law or any judicial

decision is in conformity with the Fundamental Objectives and

Directive Principles of State Policy set out in Chapter II of this

Constitution; and

(d) shall not, as from the date when this section comes into force,

extend to any action or proceedings relating to any existing law

made on or after 15th January, 1966 for determining any issue

or question as to the competence of any authority or person to

make any such law.

7. Local government system

(1) The system of local government by democratically elected local

government councils is under this Constitution guaranteed; and

accordingly, the Government of every State shall, subject to section

8 of this Constitution, ensure their existence under a Law which

provides for the establishment, structure, composition, finance and

functions of such councils.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) The person authorised by law to prescribe the area over which a

local government council may exercise authority shall-

(a) define such area as clearly as practicable; and

(b) ensure, to the extent to which it may be reasonably justifiable,

that in defining such area regard is paid to –

(i) the common interest of the community in the area,

(ii) traditional association of the community, and

(iii) administrative convenience.

(3) It shall be the duty of a local government council within the

State to participate in economic planning and development of the

area referred to in subsection (2) of this section and to this end an

economic planning board shall be established by a Law enacted by

the House of Assembly of the State.

(4) The Government of a State shall ensure that every person who is

entitled to vote or be voted for at an election to House of Assembly

shall have the right to vote or be voted for at an election to a local

government council.

(5) The functions to be conferred by Law upon local government

council shall include those set out in the Fourth Schedule to this

Constitution.

[Fourth Schedule]

(6) Subject to the provisions of this Constitution -

(a) the National Assembly shall make provisions for statutory

allocation of public revenue to local government councils in the

Federation; and

(b) the House of Assembly of a State shall make provisions

for statutory allocation of public revenue to local government

councils within the State.

8. New States and boundary adjustment, etc.

(1) An Act of the National Assembly for the purpose of creating a

new State shall only be passed if-

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) a request, supported by at least two-thirds majority of

members (representing the area demanding the creation of the

new State) in each of the following, namely -

(i) the Senate and the House of Representatives,

(ii) the House of Assembly in respect of the area, and

(iii) the local government councils in respect of the area,

is received by the National Assembly;

(b) a proposal for the creation of the State is thereafter approved

in a referendum by at least two-thirds majority of the people of

the area where the demand for creation of the State originated;

majority of all the States of the Federation supported by a simple

majority of members of the Houses of Assembly; and

(d) the proposal is approved by a resolution passed by two-thirds

majority of members of each House of the National Assembly.

(2) An Act of the National Assembly for the purpose of boundary

adjustment of any existing State shall only be passed if-

(a) a request for the boundary adjustment, supported by two-

thirds majority of members (representing the area demanding

and the area affected by the boundary adjustment) in each of

the following, namely-

(i) the Senate and the House of Representatives,

(ii) the House of Assembly in respect of the area, and

(iii) the local government councils in respect of the area,

is received by the National Assembly; and

(b) a proposal for the boundary adjustment is approved by -

(i) a simple majority of members of each House of the National

Assembly, and

(ii) a simple majority of members of the House of Assembly in

respect of the area concerned.

(3) A bill for a Law of a House of Assembly for the purpose of

creating a new local government area shall only be passed if -

(a) a request supported by at least two-thirds majority of members

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(representing the area demanding the creation of the new local

government area) in each of the following, namely-

(i) the House of Assembly in respect of the area, and

(ii) the local government councils in respect of the area,

is received by the House of Assembly;

(b) a proposal for the creation of the local government area

is thereafter approved in a referendum by at least two-thirds

majority of the people of the local government area where the

demand for the proposed local government area originated;

majority of the members in each local government council in a

majority of all the local government councils in the State; and

(d) the result of the referendum is approved by a resolution

passed by two-thirds majority of members of the House of

Assembly.

(4) A bill for a Law of a House of Assembly for the purpose of

boundary adjustment of any existing local government area shall

only be passed if-

(a) a request for the boundary adjustment is supported by two-

thirds majority of members (representing the area demanding

and the area affected by the boundary adjustment) in each of

the following, namely -

(i) the House of Assembly in respect of the area, and

(ii) the local government council in respect of the area,

is received by the House of Assembly; and

(b) a proposal for the boundary adjustment is approved by a

simple majority of members of the House of Assembly in respect

of the area concerned.

(5) An Act of the National Assembly passed in accordance with

this section shall make consequential provisions with respect to

the names and headquarters of State or local government areas as

provided in section 3 of this Constitution and in Parts I and II of the

First Schedule to this Constitution.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(6) For the purpose of enabling the National Assembly to exercise

the powers conferred upon it by subsection (5) of this section,

each House of Assembly shall, after the creation of more local

government areas pursuant to subsection (3) of this section, make

adequate returns to each House of the National Assembly.

[Part I and II First Schedule]

9. Mode of altering provisions of the Constitution

(1) The National Assembly may, subject to the provisions of this

section, alter any of the provisions of this Constitution.

(2) An Act of the National Assembly for the alteration of this

Constitution, not being an Act to which section 8 of this Constitution

applies, shall not be passed in either House of the National Assembly

unless the proposal is supported by the votes of not less than two-

thirds majority of all the members of that House and approved by

resolution of the Houses of Assembly of not less than two-thirds of

all the States.

(3) An Act of the National Assembly for the purpose of altering

the provisions of this section, section 8, or Chapter IV of this

Constitution shall not be passed by either House of the National

Assembly unless the proposal is approved by the votes of not less

than four-fifths majority of all the members of each House, and also

approved by resolution of the House of Assembly of not less than

two-thirds of all the States.

(4) For the purposes of section 8 of this Constitution and of

subsections (2) and (3) of this section, the number of members of

each House of the National Assembly shall, notwithstanding any

vacancy, be deemed to be the number of members specified in

sections 48 and 49 of this Constitution.

10. Prohibition of State Religion

The Government of the Federation or of a State shall not adopt any

religion as State Religion.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations11. Public order and public security

(1) The National Assembly may make laws for the Federation or any

part thereof with respect to the maintenance and securing of public

safety and public order and providing, maintaining and securing of

such supplies and services as may be designated by the National

Assembly as essential supplies and services.

(2) Nothing in this section shall preclude a House of Assembly

from making laws with respect to the matters referred to in this

section, including the provision for maintenance and securing of

such supplies and services as may be designated by the National

Assembly as essential supplies and services.

(3) During any period when the Federation is at war the National

Assembly may make such laws for the peace, order and good

government of the Federation or any part thereof with respect to

matters not included in the Exclusive Legislative List as may appear

to it to be necessary or expedient for the defence of the Federation.

(4) At any time when any House of Assembly of a State is unable

to perform its functions by reason of the situation prevailing in that

State, the National Assembly may make such laws for the peace,

order and good government of that State with respect to matters

on which a House of Assembly may make laws as may appear to

the National Assembly to be necessary or expedient until such

time as the House of Assembly is able to resume its functions; and

any such laws enacted by the National Assembly pursuant to this

section shall have effect as if they were laws enacted by the House

of Assembly of the State:

Provided that nothing in this section shall be construed as conferring

on the National Assembly power to remove the Governor or the

Deputy Governor of the State from office.

(5) For the purposes of subsection (4) of this section, a House of

Assembly shall not be deemed to be unable to perform its functions

so long as the House of Assembly can hold a meeting and transact

business.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations12. Implementation of treaties

(1) No treaty between the Federation and any other country shall

have the force of law except to the extent to which any such treaty

has been enacted into law by the National Assembly.

(2) The National Assembly may make laws for the Federation or any

part thereof with respect to matters not included in the Exclusive

Legislative List for the purpose of implementing a treaty.

(3) A bill for an Act of the National Assembly passed pursuant to the

provisions of subsection (2) of this section shall not be presented to

the President for assent, and shall not be enacted unless it is ratified

by a majority of all the House of Assembly in the Federation.

CHAPTER II

Fundamental Objectives and Directive Principles of State Policy

13. Fundamental obligations of the Government

It shall be the duty and responsibility of all organs of government,

and of all authorities and persons, exercising legislative, executive

or judicial powers, to conform to, observe and apply the provisions

of this Chapter of this Constitution.

14. The Government and the people

(1) The Federal Republic of Nigeria shall be a State based on the

principles of democracy and social justice.

(2) It is hereby, accordingly, declared that-

(a) sovereignty belongs to the people of Nigeria from whom

government through this Constitution derives all its powers and

authority;

(b) the security and welfare of the people shall be the primary

purpose of government; and

ensured in accordance with the provisions of this Constitution.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) The composition of the Government of the Federation or any of

its agencies and the conduct of its affairs shall be carried out in such

a manner as to reflect the federal character of Nigeria and the need

to promote national unity, and also to command national loyalty,

thereby ensuring that there shall be no predominance of persons

from a few States or from a few ethnic or other sectional groups in

that Government or in any of its agencies.

(4) The composition of the Government of a State, a local

government council, or any of the agencies of such Government

or council, and the conduct of the affairs of the Government or

council or such agencies shall be carried out in such manner as to

recognise the diversity of the people within its area of authority and

the need to promote a sense of belonging and loyalty among all

the peoples of the Federation.

15. Political objectives

(1) The motto of the Federal Republic of Nigeria shall be Unity and

Faith, Peace and Progress.

(2) Accordingly, national integration shall be actively encouraged,

whilst discrimination on the grounds of place of origin, sex, religion,

status, ethnic or linguistic association or ties shall be prohibited.

(3) For the purpose of promoting national integration, it shall be the

duty of the State to-

(a) provide adequate facilities for and encourage free mobility of

people, goods and services throughout the Federation;

(b) secure full residence rights for every citizen in all parts of the

Federation;

places of origin, or of different religious, ethnic or linguistic

association or ties; and

(d) promote or encourage the formation of associations that cut

across ethnic, linguistic, religious and or other sectional barriers.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(4) The State shall foster a feeling of belonging and of involvement

among the various people of the Federation, to the end that loyalty

to the nation shall override sectional loyalties.

(5) The State shall abolish all corrupt practices and abuse of power.

16. Economic objectives

(1) The State shall, within the context of the ideals and objectives

for which provisions are made in this Constitution-

(a) harness the resources of the nation and promote national

prosperity and an efficient, a dynamic and self-reliant economy;

(b) control the national economy in such manner as to secure the

maximum welfare, freedom and happiness of every citizen on

the basis of social justice and equality of status and opportunity;

of the economy, other than the major sectors of the economy,

manage and operate the major sectors of the economy;

(d) without prejudice to the right of any person to participate in

areas of the economy within the major sectors of the economy,

protect the right of every citizen to engage in any economic

activities outside the major sectors of the economy.

(2) The State shall direct its policy towards ensuring-

(a) the promotion of a planned and balanced economic

development;

(b) that the material resources of the nation are harnessed and

distributed as best as possible to serve the common good;

to permit the concentration of wealth or the means of production

and exchange in the hands of few individuals or of a group; and

(d) that suitable and adequate shelter, right to food and food

security , reasonable national minimum living wage, old age care

and pensions, and unemployment, sick benefits and welfare of

the disabled are provided for all citizens.[Section 16(2) is

altered by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 34)

Act, 2023]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) A body shall be set up by an Act of the National Assembly, which

shall have power-

(a) to review, from time to time, the ownership and control

of business enterprises operating in Nigeria and make

recommendations to the President on same; and

(b) to administer any law for the regulation of the ownership and

control of such enterprises.

(4) For the purposes of subsection (1) of this section -

(a) the reference to the “ major sectors of the economy ” shall

be construed as a reference to such economic activities as may,

from time to time, be declared by a resolution of each House of

the National Assembly to be managed and operated exclusively

by the Government of the Federation; and until a resolution

to the contrary is made by the National Assembly, economic

activities being operated exclusively by the Government of the

Federation on the date immediately preceding the day when

this section comes into force, whether directly or through the

agencies of a statutory or other corporation or company, shall be

deemed to be major sectors of the economy;

(b) “economic activities ” includes activities directly concerned

with the production, distribution and exchange of wealth or of

goods and services; and

of goods.

16A. Food security

(1) The State shall direct its policy towards ensuring that –

(a) strategies that guarantee food security of the nation

regarding availability, accessibility, and affordability of food to

the citizens are initiated, undertaken, and implemented;

(b) the means of production, conservation and distribution of

food are upgraded and improved upon on a continuous basis;

and[Section 16A is

inserted by the

Constitution of the

Federal Republic of

Nigeria, 1999 ((Fifth

Alteration) (No. 34)

Act, 2023]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(c) adequate measures are provided to ensure that food

security of the nation is not compromised by any individual,

group, or institution.

(2) The State shall promote and sustain activities that enhance

food security.

17. Social objectives

(1) The State social order is founded on ideals of Freedom, Equality

and Justice.

(2) In furtherance of the social order-

(a) every citizen shall have equality of rights, obligations and

opportunities before the law;

(b) the sanctity of the human person shall be recognised and

human dignity shall be maintained and enhanced;

(d) exploitation of human or natural resources in any form

whatsoever for reasons other than the good of the community,

shall be prevented; and

(e) the independence, impartiality and integrity of courts of law,

and easy accessibility thereto shall be secured and maintained.

(3) The State shall direct its policy towards ensuring that-

(a) all citizens, without discrimination on any group whatsoever,

have the opportunity for securing adequate means of livelihood

as well as adequate opportunity to secure suitable employment;

(b) conditions of work are just and humane, and that there are

adequate facilities for leisure and for social, religious and cultural

life;

are safeguarded and not endangered or abused;

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(d) there are adequate medical and health facilities for all persons;

(e) there is equal pay for equal work without discrimination on

account of sex, or on any other ground whatsoever;

(f) children, young persons and the age are protected against

any exploitation whatsoever, and against moral and material

neglect;

(g) provision is made for public assistance in deserving cases or

other conditions of need; and

(h) the evolution and promotion of family life is encouraged.

18. Educational objectives

(1) Government shall direct its policy towards ensuring that there

are equal and adequate educational opportunities at all levels.

(2) Government shall promote science and technology.

(3) Government shall strive to eradicate illiteracy; and to this end

Government shall as and when practicable provide-

(a) free, compulsory and universal primary education;

(b) free secondary education;

(d) free adult literacy programme.

19. Foreign policy objectives

The foreign policy objectives shall be -

(a) promotion and protection of the national interest;

(b) promotion of African integration and support for African

unity;

of universal peace and mutual respect among all nations and

elimination of discrimination in all its manifestations;

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(d) respect for international law and treaty obligations as

well as the seeking of settlement of international disputes

by negotiation, mediation, conciliation, arbitration and

adjudication; and

(e) promotion of a just world economic order.

20. Environmental objectives

The State shall protect and improve the environment and safeguard

the water, air and land, forest and wild life of Nigeria.

21. Directive on Nigerian cultures

The State shall -

(a) protect, preserve and promote the Nigerian cultures

which enhance human dignity and are consistent with the

fundamental objectives as provided in this Chapter; and

(b) encourage development of technological and scientific

studies which enhance cultural values.

22. Obligation of the mass media

The press, radio, television and other agencies of the mass media

shall at all times be free to uphold the fundamental objectives

contained in this Chapter and uphold the responsibility and

accountability of the Government to the people.

23. National ethics

The national ethics shall be discipline, integrity, dignity of labour,

social justice, religious tolerance, self-reliance and patriotism.

24. Duties of the citizen

It shall be the duty of every citizen to -

(a) abide by this Constitution, respect its ideals and its institutions,

the National Flag, the National Anthem, the National Pledge,

and legitimate authorities;

(b) help to enhance the power, prestige and good name of

Nigeria, defend Nigeria and render such national service as may

be required;

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(c) respect the dignity of other citizens and the rights and

legitimate interests of others and live in unity and harmony and

in the spirit of common brotherhood;

(d) make positive and useful contribution to the advancement,

progress and well- being of the community where he resides;

(e) render assistance to appropriate and lawful agencies in the

maintenance of law and order; and

(f) declare his income honestly to appropriate and lawful agencies

and pay his tax promptly.

CHAPTER III

Citizenship

25. Citizenship by birth

(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 grandparents is a citizen

of Nigeria; and

a citizen of Nigeria.

(2) In this section, “ the date of independence ” means the 1st

day of October 1960.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations26. Citizenship by registration

(1) Subject to the provisions of section 28 of this Constitution,

a person to whom the provisions of this section apply may be

registered as a citizen of Nigeria, if the President is satisfied that –

(a) he is a person of good character;

(b) he has shown a clear intention of his desire to be domiciled

in Nigeria; and

Schedule to this Constitution.

[Seventh Schedule]

(2) The provisions of this section shall apply to-

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

(b) every person of full age and capacity born outside Nigeria

any of whose grandparents is a citizen of Nigeria.

27. Citizenship by naturalisation

(1) Subject to the provisions of section 28 of this Constitution, any

person who is qualified in accordance with the provisions of this

section may apply to the President for the same of a certificate of

naturalisation.

(2) No person shall be qualified to apply for the grant of a certificate

or naturalisation, unless he satisfies the President that -

(a) he is a person of full age and capacity;

(b) he is a person of good character;

in Nigeria;

(d) he is, in the opinion of the Governor of the State where he is

or he proposes to be resident, acceptable to the local community

in which he is to live permanently, and has been assimilated into

the way of life of Nigerians in that part of the Federation;

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(e) he is a person who has made or is capable of making useful

contribution to the advancement, progress and well-being of

Nigeria;

(f) he has taken the Oath of Allegiance prescribed in the Seventh

Schedule to this Constitution; and

[Seventh Schedule]

(g) he has, immediately preceding the date of his 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.

28. Dual citizenship

(1) Subject to the other provisions of this section, a person shall

forfeit forthwith his Nigerian citizenship if, not being a citizen of

Nigeria by birth, he acquires or retains the citizenship or nationality

of a country, other than Nigeria, of which he 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 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 twelve months from the

date of such registration or grant.

29. Renunciation of citizenship

(1) Any citizen of Nigeria of full age who wishes to renounce his

Nigerian citizenship shall make a declaration in the prescribed

manner for the renunciation.

(2) The President shall cause the declaration made under subsection

(1) of this section to be registered and upon such registration, the

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsperson 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.

(4) For the purposes of subsection (1) of this section-

(a) “full age ” means the age of eighteen years and above;

(b) any woman who is married shall be deemed to be of full age.

30. Deprivation of citizenship

(1) The President may deprive a person, other than a person who is

a citizen of Nigeria by birth or by registration, of his citizenship, if

he is satisfied that such a person has, within a period of seven years

after becoming naturalised, been sentenced to imprisonment for a

term of not less than three years.

(2) The President shall deprive a person, other than a person who

is citizen of Nigeria by birth, of his citizenship, if he is satisfied from

the records of proceedings of a court of law or other tribunal or

after due inquiry in accordance with regulations made by him, that -

(a) the person has shown himself 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.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations31. Persons deemed to be Nigerian Citizens

For the purposes of this Chapter, a parent or grandparent of a

person shall be deemed to be a citizen of Nigeria if at the time of

the birth of that person such parent or grandparent would have

possessed that status by birth if he had been alive on the date of

independence; and in this section, “ the date of independence ”

has the meaning assigned to it in section 25 (2) of this Constitution.

32. Power to make regulations

(1) The President may make regulations, not inconsistent with this

Chapter, prescribing all matters which are required or permitted to

be prescribed or which are necessary or convenient to be prescribed

for carrying out or giving effect to the provisions of this Chapter,

and for granting special immigrant status with full residential rights

to non-Nigerian spouses of citizens of Nigeria who do not wish to

acquire Nigerian citizenship.

(2) Any regulations made by the President pursuant to the provisions

of this section shall be laid before the National Assembly.

CHAPTER IV

Fundamental Rights

33. Right to life

(1) Every person has a right to life, and no one shall be deprived

intentionally of his life, save in execution of the sentence of a court

in respect of a criminal offence of which he has been found guilty

in Nigeria.

(2) A person shall not be regarded as having been deprived of his

life in contravention of this section, if he 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 -

(a) for the defence of any person from unlawful violence or for

the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a

person lawfully detained; or

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(c) for the purpose of suppressing a riot, insurrection or mutiny.

34. Right to dignity of human person

(1) Every individual is entitled to respect for the dignity of his person,

and accordingly –

(a) no person shall be subject to torture or to inhuman or

degrading treatment;

(b) no person shall be held in slavery or servitude; and

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 Force in pursuance of their

duties as such;

to service in the armed forces of the Federation, any labour

required instead of such service;

(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 National

Assembly, or

(iii) such compulsory national service which forms part of

the education and training of citizens of Nigeria as may be

prescribed by an Act of the National Assembly.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations35. Right to personal liberty

(1) Every person shall be entitled to his 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 has been found guilty;

(b) by reason of his failure to comply with the order of a court or

in order to secure the fulfilment of any obligation imposed upon

him by law;

of the order of a court or upon reasonable suspicion of his

having committed a criminal offence, or to such extent as may

be reasonably necessary to prevent his committing a criminal

offence;

(d) in the case of a person who has not attained the age of

eighteen years, for the purpose of his 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; 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:

Provided that a person who is charged with an offence and

who has been detained in lawful custody awaiting trial shall not

continue to be kept in such detention for a period longer than

the maximum period of imprisonment prescribed for the offence.

(2) Any person who is arrested or detained shall have the right to

remain silent or avoid answering any question until after consultation

with a legal practitioner or any other person of his own choice.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) Any person who is arrested or detained shall be informed

in writing within twenty-four hours (and in a language that he

understands) of the facts and grounds for his 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 is not tried within a period

of -

(a) two months from the date of his arrest or detention in the

case of a person who is in custody or is not entitled to bail; or

(b) three months from the date of his arrest or detention in the

case of a person who has been released on bail,

he shall (without prejudice to any further proceedings that may be

brought against him) be released either unconditionally or upon

such conditions as are reasonably necessary to ensure that he

appears for trial at a later date.

(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

kilometres, 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

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(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 or a member of the Nigeria

Police Force in execution of a sentence imposed by an officer

of the armed forces of the Federation or of the Nigeria Police

Force, in respect of an offence punishable by such detention of

which he has been found guilty.

36. Right to fair hearing

(1) In the determination of his civil rights and obligations, including

any question or determination by or against any government

or authority, a person shall be entitled to a fair hearing within a

reasonable time by a court or other tribunal established by law

and constituted in such manner as to secure its independence and

impartiality.

(2) Without prejudice to the foregoing provisions of this section, a

law shall not be invalidated by reason only that it confers on any

government or authority power to determine questions arising in

the administration of a law that affects or may affect the civil rights

and obligations of any person if such law -

(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

shall, unless the charge is withdrawn, be entitled to a fair hearing in

public within a reasonable time by a court or tribunal:

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsProvided 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 defence, 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 State 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 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 understands

and in detail of the nature of the offence;

(b) be given adequate time and facilities for the preparation of

his defence;

choice;

(d) examine, in person or by his 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

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationstestify on his 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

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 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 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 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 therefor is prescribed in a written law; and

in this subsection, a written law refers to an Act of the National

Assembly or a Law of a State, any subsidiary legislation or instrument

under the provisions of a law.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations37. Right to private and family life

The privacy of citizens, their homes, correspondence, telephone

conversations and telegraphic communications is hereby

guaranteed and protected.

38. Right to freedom of thought, conscience and religion

(1) Every person shall be entitled to freedom of thought, conscience

and religion, including freedom to change his religion or belief, and

freedom (either alone or in community with others, and in public

or in private) to manifest and propagate his religion or belief in

worship, teaching, practice and observance.

(2) No person attending any place of education shall be required

to receive religious instruction or to take part in or attend any

religious ceremony or observance if such instruction, ceremony or

observance relates to a religion other than his own, or religion not

approved by his parent or guardian.

(3) No religious community or denomination shall be prevented

from providing religious instruction for pupils of that community or

denomination in any place of education maintained wholly by that

community or denomination.

(4) Nothing in this section shall entitle any person to form, take

part in the activity or be a member of a secret society.

39. Right to freedom of expression and the press

(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 State or any other person or body authorised by

the President on the fulfilment of conditions laid down by an Act of

the National Assembly, shall own, establish or operate a television

or wireless broadcasting station for, any purpose whatsoever.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) 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 State, members of

the armed forces of the Federation or members of the Nigeria

Police Force or other Government security services or agencies

established by law.

40. Right to peaceful assembly and association

Every person shall be entitled to assemble freely and associate

with other persons, and in particular he may form or belong to

any political party, trade union or any other association for the

protection of his interests:

Provided that the provisions of this section shall not derogate from

the powers conferred by this Constitution on the Independent

National Electoral Commission with respect to political parties to

which that Commission does not accord recognition.

41. Right to freedom of movement

(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-

(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

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(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 has been found guilty:

Provided that there is reciprocal agreement between Nigeria and

such other country in relation to such matter.

42. Right to freedom from discrimination

(1) A citizen of Nigeria of a particular community, ethnic group,

place of origin, sex, religion or political opinion shall not, by reason

only that he is such a person -

(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;

(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 disability or

deprivation merely by reason of the circumstances of his birth.

(3) Nothing in subsection (1) of this section shall invalidate any law

by reason only that the law imposes restrictions with respect to

the appointment of any person to any office under the State or

as a member of the armed forces of the Federation or member

of the Nigeria Police Force or to an office in the service of a body

corporate established directly by any law in force in Nigeria.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations43. Right to acquire and own immovable property anywhere in

Nigeria

Subject to the provisions of this Constitution, every citizen of

Nigeria shall have the right to acquire and own immovable property

anywhere in Nigeria.

44. Compulsory acquisition of property

(1) No moveable property or any interest in an immovable property

shall be taken possession of compulsorily and no right over or

interest in any such property shall be acquired compulsorily in

any part of Nigeria except in the manner and for the purposes

prescribed by a law that, among other things -

(a) requires the prompt payment of compensation therefor; and

(b) gives to any person claiming such compensation a right of

access for the determination of his interest in the property and

the amount of compensation to a court of law or tribunal or body

having jurisdiction in that part of Nigeria.

(2) Nothing in subsection (1) of this section shall be construed as

affecting any general 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;

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 unincorporate 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 is injurious to the health of human beings,

plants or animals;

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(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;

(l) 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, survey or 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.

(3) Notwithstanding the foregoing provisions 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 and the Exclusive Economic Zone of Nigeria shall

vest in the Government of the Federation and shall be managed in

such manner as may be prescribed by the National Assembly.

45. Restriction on and derogation from fundamental rights

(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 or public health; or

(b) for the purpose of protecting the rights and freedom of other

persons.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) An Act of the National Assembly 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

Article 33

or 35 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 33 of this Constitution, except

in respect of death resulting from acts of war or authorise any

derogation from the provisions of section 36(8) of this Constitution.

(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 under section 305 of this Constitution.

46. Special jurisdiction of High Court and legal aid

(1) Any person who alleges that any of the provisions of this Chapter

has been, is being or likely to be contravened in any State in relation

to him, may apply to a High Court in that State for redress.

(2) Subject to the provisions of this Constitution, a High Court shall

have original jurisdiction to hear and determine any application

made to it in pursuance of the provisions of this section and may

make such orders, issue such writs and give such directions as it

may consider appropriate for the purpose of enforcing or securing

the enforcement within that State of any right to which the person

who makes the application may be entitled under this Chapter.

(3) The Chief Justice of Nigeria may make rules with respect to the

practice and procedure of a High Court for the purposes of this

section.

(4) The National Assembly -

(a) may confer upon a High Court such powers in addition to

those conferred by this section as may appear to the National

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsAssembly 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 right under this Chapter has been

infringed or with a view to enabling him to engage the services

of a legal practitioner to prosecute his claim, and

(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 V

The Legislature

PART I

National Assembly

A - Composition and Staff of National Assembly

47. Establishment of the National Assembly

There shall be a National Assembly for the Federation which shall

consist of a Senate and a House of Representatives.

48. Composition of the Senate

The Senate shall consist of three Senators from each State and one

from the Federal Capital Territory, Abuja.

49. Composition of the House of Representatives

Subject to the provisions of this Constitution, the House of

Representatives shall consist of three hundred and sixty members

representing constituencies of nearly equal population as far as

possible, provided that no constituency shall fall within more than

one State.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations50. President of the Senate and Speaker of the House of

Representatives

(1) There shall be -

(a) a President and a Deputy President of the Senate, who shall be

elected by the members of that House from among themselves;

and

(b) a Speaker and a Deputy Speaker of the House of

Representatives, who shall be elected by the members of that

House from among themselves.

(2) The President or Deputy President of the Senate or the Speaker

or Deputy Speaker of the House of Representatives shall vacate his

office -

(a) if he ceases to be a member of the Senate or of the House of

Representatives, as the case may be, otherwise than by reason

of a dissolution of the Senate or the House of Representatives;

(b) when the House of which he was a member first sits after any

dissolution of that House; or

of the House of Representatives, as the case may be, by the

votes of not less than two-thirds majority of the members of that

House.

51. Staff of the National Assembly

There shall be a Clerk to the National Assembly and such other staff

as may be prescribed by an Act of the National Assembly, and the

method of appointment of the Clerk and other staff of the National

Assembly shall be as prescribed by that Act.

B - Procedure for Summoning and Dissolution of National

Assembly

52. Declaration of assets and liabilities; oaths of members

(1) Every member of the Senate or the House of Representatives

shall, before taking his seat, declare his assets and liabilities as

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsprescribed in this Constitution and subsequently take and subscribe

the Oath of Allegiance and the oath of membership as prescribed

in the Seventh Schedule to this Constitution before the President

of the Senate or, as the case may be, the Speaker of the House of

Representatives, but a member may before taking the oaths take

part in the election of a President and a Deputy President of the

Senate, as the case may be, or a Speaker and a Deputy Speaker of

the House of Representatives.

[Seventh Schedule]

(2) The President and Deputy President of the Senate and the

Speaker and the Deputy Speaker of the House of Representatives

shall declare their assets and liabilities as prescribed in this

Constitution and subsequently take and subscribe the Oath of

Allegiance and the oath of membership prescribed as aforesaid

before the Clerk of the National Assembly.

53. Presiding at sittings of the National Assembly and at joint

sittings

(1) At any sitting of the National Assembly -

(a) in the case of the Senate, the President of the Senate shall

preside, and in his absence the Deputy President shall preside;

and

(b) in the case of the House of Representatives, the Speaker of

that House shall preside, and in his absence the Deputy Speaker

shall preside.

(2) At any joint sitting of the Senate and House of Representatives -

(a) the President of Senate shall preside, and in his absence the

Speaker of the House of Representatives shall preside; and

(b) in the absence of the persons mentioned in paragraph (a)

of this subsection, the Deputy President of the Senate shall

preside, and in his absence the Deputy Speaker of the House of

Representatives shall preside.

(3) In the absence of the persons mentioned in the foregoing

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsprovisions of this section, such member of the Senate or the House

of Representatives or of the joint sitting, as the case may be, as

the Senate or the House of Representatives or the joint sitting may

elect for that purpose shall preside.

54. Quorum

(1) The quorum of the Senate or of the House of Representatives

shall be one-third of all the members of the legislative house

concerned.

(1A) For the purpose of the inaugural and first sitting of the Senate

or the House of Representatives, the quorum shall be at least two-

thirds of all the members–elect of either the Senate or the House

of Representatives.

(2) The quorum of a joint sitting of both the Senate or of the House

of Representatives shall be one-third of all the members of both

Houses.

(3) If objection is taken by any member of the Senate or of the

House of Representatives present that there are present in the

House of which he is a member (besides the person presiding)

fewer than one-third of all the members of that House and that

it is not competent for the House to transact business, and after

such interval as may be prescribed in the rules of procedure of the

House, the person presiding ascertains that the number of members

present is still less than one-third of all the members of the House,

he shall adjourn the House.

(4) The foregoing provisions of this section shall apply in relation to

a joint sitting of both Houses of the National Assembly as they apply

in relation to a House of the National Assembly as if references to

the Senate or the House of Representatives and to a member of

either Houses are references to both Houses and to any member of

the National Assembly, respectively.

55. Languages

The business of the National Assembly shall be conducted in English,

and in Hausa, Igbo and Yoruba when adequate arrangements have

been made therefor. [Section 54 (1A)

is inserted by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 8) Act,

2023]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations56. Voting

(1) Except as otherwise provided by this Constitution, any question

proposed for decision in the Senate or the House of Representatives

shall be determined by the required majority or the members

present and voting; and the person presiding shall cast a vote

whenever necessary to avoid an equality of votes but shall not vote

in any other case.

(2) Except as otherwise provided by this Constitution, the required

majority for the purpose of determining any question shall be a

simple majority.

(3) The Senate or the House of Representatives shall by its rules

provide -

(a) that a member of the House shall declare any direct pecuniary

interest he may have in any matter coming before the House for

deliberation;

(b) that the House may by resolution decide whether or not such

member may vote, or participate in its deliberations, on such

matter;

declare any direct pecuniary interest such member may have;

and

(d) for such other matters pertaining to the foregoing as the

House may think necessary,

but nothing in the foregoing provisions shall enable any rules to

be made to require any member, who signifies his intention not to

vote on or participate in such matter, and who does not so vote or

participate, to declare any such interest.

57. Unqualified person sitting or voting

Any person who sits or votes in the Senate or the House of

Representatives knowing or having reasonable grounds for knowing

that he is not entitled to do so, commits an offence and is liable on

conviction to such punishment as shall be prescribed by an Act of

the National Assembly.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations58. Mode of exercising Federal legislative power: general

(1) The power of the National Assembly to make laws shall be

exercised by bills passed by both the Senate and the House of

Representatives and, except as otherwise provided by subsection

(5) of this section, assented to by the President.

(2) A bill may originate in either the Senate or the House of

Representatives and shall not become law unless it has been passed

and, except as otherwise provided by this section and section 59

of this Constitution, assented to in accordance with the provisions

of this section.

(3) Where a bill has been passed by the House in which it originated,

it shall be sent to the other House, and it shall be presented to the

President for assent when it has been passed by that other House

and agreement has been reached between the two Houses on any

amendment made on it.

(4) Where a bill is presented to the President for assent, he shall

within thirty days thereof signify that he assents or that he withholds

assent.

(5) Where the President withholds his assent and the bill is again

passed by each House by two-thirds majority, the bill shall become

law and the assent of the President shall not be required.

59. Mode of exercising Federal legislative power: money bills

(1) The provisions of this section shall apply to-

(a) an appropriation bill or a supplementary appropriation bill,

including any other bill for the payment, issue or withdrawal

from the Consolidated Revenue Fund or any other public fund of

the Federation of any money charged thereon or any alteration

in the amount of such a payment, issue or withdrawal; and

(b) a bill for the imposition of or increase in any tax, duty or fee

or any reduction, withdrawal or cancellation thereof.

(2) Where a bill to which this section applies is passed by one of the

Houses of the National Assembly but is not passed by the other

House within a period of two months from the commencement of

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsa financial year, the President of the Senate shall within fourteen

days thereafter arrange for and convene a meeting of the joint

finance committee to examine the bill with a view to resolving the

differences between the two Houses.

(3) Where the joint finance committee fails to resolve such differences,

then the bill shall be presented to the National Assembly sitting at

a joint meeting, and if the bill is passed at such joint meeting, it

shall be presented to the President for assent.

(4) Where the President, within thirty days after the presentation

of the bill to him, fails to signify his assent or where he withholds

assent, then the bill shall again be presented to the National

Assembly sitting at a joint meeting, and if passed by two- thirds

majority of members of both Houses at such joint meeting, the

bill shall become law and the assent of the President shall not be

required.

(5) In this section, “ joint finance committee ” refers to the joint

committee of the National Assembly on finance established

pursuant to section 62(3) of this Constitution.

60. Regulation of procedure

Subject to the provisions of this Constitution, the Senate or the

House of Representatives shall have power to regulate its own

procedure, including the procedure for summoning and recess of

the House.

61. Vacancy or participation of strangers not to invalidate

proceedings

The Senate or the House of Representatives may act notwithstanding

any vacancy in its membership, and the presence or participation

of any person not entitled to be present at or to participate in the

proceedings of the House shall not invalidate those proceedings.

62. Committees

(1) The Senate or the House of Representatives may appoint a

committee of its members for such special or general purpose as

in its opinion would be better regulated and managed by means of

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationssuch a committee, and may by resolution, regulation or otherwise,

as it thinks fit, delegate any functions exercisable by it to any such

committee.

(2) The number of members of a committee appointed under this

section, their terms of office and quorum shall be fixed by the

House appointing it.

(3) The Senate and the House of Representatives shall appoint

a joint committee on finance consisting of an equal number of

persons appointed by each House and may appoint any other joint

committee under the provisions of this section.

(4) Nothing in this section shall be construed as authorising such

House to delegate to a committee the power to decide whether

a bill shall be passed into law or to determine any matter which it

is empowered to determine by resolution under the provisions of

this Constitution, but the committee may be authorised to make

recommendations to the House on any such matter.

63. Sittings

The Senate and the House of Representatives shall each sit for a

period of not less than one hundred and eighty-one days in a year.

64. Dissolution and issue of proclamations by President

(1) The Senate and the House of Representatives shall each stand

dissolved at the expiration of a period of four years commencing

from the date of the first sitting of the House.

(2) If the Federation is at war in which the territory of Nigeria is

physically involved and the President considers that it is not

practicable to hold elections, the National Assembly may by

resolution extend the period of four years mentioned in subsection

(1) of this section from time to time but not beyond a period of six

months at any one time.

(3) Subject to the provisions of this Constitution, the person elected

as the President shall have power to issue a proclamation for the

holding of the first session of the National Assembly immediately

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsafter his being sworn in, or for its dissolution as provided in this

section.

C - Qualifications for Membership of National Assembly and Right

of Attendance

65. Qualifications for election

(1) Subject to the provisions of section 66 of this Constitution, a

person shall be qualified for election as a member of -

(a) the Senate, if he is a citizen of Nigeria and has attained the

age of thirty-five years; and

(b) the House of Representatives, if he is a citizen of Nigeria and

has attained the age of twenty-five years;

(2) A person shall be qualified for election under subsection (1) of

this section if -

(a) he has been educated up to at least School Certificate level

or its equivalent; and

(b) he is a member of a political party and is sponsored by that

party.

66. Disqualifications

(1) No person shall be qualified for election to the Senate or the

House of Representatives if-

(a) subject to the provisions of section 28 of this Constitution, he

has voluntarily acquired the citizenship of a country other than

Nigeria or, except in such cases as may be prescribed by the

National Assembly, has made a declaration of allegiance to such

a country;

(b) under any law in force in any part of Nigeria, he is adjudged

to be a lunatic or otherwise declared to be of unsound mind;

competent court of law or tribunal in Nigeria or a sentence of

imprisonment or fine for an offence involving dishonesty or

fraud (by whatever name called) or any other sentence imposed [Section 65(1)

(b) is altered by

Constitution of the

Federal Republic

of Nigeria, 1999

(Fourth Alteration

No.27) Act 2017]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationson him by such a court or tribunal or substituted by a competent

authority for any other sentence imposed on him by such a court;

(d) within a period of less than ten years before the date of

an election to a legislative house, he has been convicted and

sentenced for an offence involving dishonesty or he has been

found guilty of a contravention of the Code of Conduct;

(e) he is an undischarged bankrupt, having been adjudged or

otherwise declared bankrupt under any law in force in any part

of Nigeria;

(f) he is a person employed in the public service of the Federation

or of any State and has not resigned, withdrawn or retired from

such employment thirty days before the date of election;

(g) he is a member of a secret society;

(h) he has been indicted for embezzlement or fraud by a Judicial

Commission of Inquiry or an Administrative Panel of Inquiry or a

Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of

Inquiry Law or any other law by the Federal or State Government

which indictment has been accepted by the Federal or State

Governments respectively; or

(i) he has presented a forged certificate to the Independent

National Electoral Commission.

(2) Where in respect of any person who has been-

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(d) adjudged or declared bankrupt,

any appeal against the decision is pending in any court of law in

accordance with any law in force in Nigeria, subsection (1) of the

section shall not apply during a period beginning from the date [Section 66(1)(h)

is deleted by the

Constitution of Federal

Republic of Nigeria

(First Alteration Act)

2010]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationswhen such appeal is lodged and ending on the date when the

appeal is finally determined or, as the case may be, the appeal

lapses or is abandoned, whichever is earlier.

(3) For the purposes of subsection (2) of this section “ appeal ”

includes any application for an injunction or an order certiorari,

mandamus , prohibition or habeas corpus , or any appeal from any

such application.

67. Right of attendance of President

(1) The President may attend any joint meeting of the National

Assembly or any meeting of either House of the National Assembly,

either to deliver an address on national affairs including fiscal

measures, or to make such statement on the policy of government

as he considers to be of national importance.

(2) A Minister of the Government of the Federation shall attend

either House of the National Assembly if invited to explain to the

House the conduct of his Ministry, and in particular when the affairs

of that Ministry are under discussion.

(3) Nothing in this section shall enable any person who is not a

member of the Senate or of the House of Representatives to vote

in that House or in any of its committees.

68. Tenure of seat of members

(1) A member of the Senate or of the House of Representatives shall

vacate his seat in the House of which he is a member if -

(a) he becomes a member of another legislative house;

(b) any other circumstances arise that, if he were not a member

of the Senate or the House of Representatives, would cause him

to be disqualified for election as a member;

(d) he becomes President, Vice-President, Governor, Deputy

Governor or a Minister of the Government of the Federation

or a Commissioner of the Government of a State or a Special

Adviser.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(e) save as otherwise prescribed by this Constitution, he becomes

a member of a commission or other body established by this

Constitution or by any other law;

(f) without just cause he is absent from meetings of the House of

which he is a member for a period amounting in the aggregate

to more than one-third of the total number of days during which

the House meets in any one year;

(g) being a person whose election to the House was sponsored

by a political party, he becomes a member of another political

party before the expiration of the period for which that House

was elected;

Provided that his membership of the latter political party is not

as a result of a division in the political party of which he was

previously a member or of a merger of two or more political

parties or factions by one of which he was previously sponsored;

(h) the President of the Senate or, as the case may be, the

Speaker of the House of Representatives receives a certificate

under the hand of the Chairman of the Independent National

Electoral Commission stating that the provisions of section 69

of this Constitution have been complied with in respect of the

recall of that member.

(2) The President of the Senate or the Speaker of the House of

Representatives, as the case may be, shall give effect to the provisions

of subsection (1) of this section, so however that the President of

the Senate or the Speaker of the House of Representatives or a

member shall first present evidence satisfactory to the House

concerned that any of the provisions of that subsection has become

applicable in respect of that member.

(3) A member of the Senate or of the House of Representatives shall

be deemed to be absent without just cause from a meeting of the

House of which he is a member, unless the person presiding certifies

in writing that he is satisfied that the absence of the member from

the meeting was for a just cause.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations69. Recall

A member of the Senate or of the House Representatives may be

recalled as such a member if -

(a) there is presented to the Chairman of the Independent

National Electoral Commission a petition in that behalf signed

by more than one-half of the persons registered to vote in

that member’s constituency alleging their loss of confidence

in that member and which signatures are duly verified by the

Independent National Electoral Commission; and

(b) the petition is thereafter, in a referendum conducted by the

Independent National Electoral Commission within ninety days

of the date of receipt of the petition, approved by a simple

majority of the votes of the persons registered to vote in that

member’s constituency.

70. Remuneration

A member of the Senate or of the House of Representatives shall

receive such salary and other allowances as Revenue Mobilisation

Allocation and Fiscal Commission may determine.

D - Elections to National Assembly

71. Senatorial districts and Federal constituencies

Subject to the provisions of section 72 of this Constitution, the

Independent National Electoral Commission shall -

(a) divide each State of the Federation into three Senatorial

districts for purposes of elections to the Senate; and

(b) subject to the provisions of section 49 of this Constitution,

divide the Federation into three hundred and sixty Federal

constituencies for purposes of elections to the House of

Representatives.

72. Size of Senatorial districts and Federal constituencies

No Senatorial district or Federal constituency shall fall within more

than one State, and the boundaries of each district or constituency

shall be as contiguous as possible and be such that the number of

inhabitants thereof is as nearly equal to the population quota as is

reasonably practicable. [Section 69(a)

is altered by

Constitution of the

Federal Republic of

Nigeria, 1999 (First

Alteration Act) 2010]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations73. Periodical review of Senatorial districts and Federal

constituencies

(1) The Independent National Electoral Commission shall review

the division of States and of the Federation into Senatorial districts

and Federal constituencies at intervals of not less than ten years,

and may alter the districts or constituencies in accordance with the

provisions of this section to such extent as it may consider desirable

in the light of the review.

(2) Notwithstanding subsection (1) of this section, the Independent

National Electoral Commission may at any time carry out such a

review and alter the districts or constituencies in accordance with

the provisions of this section to such extent as it considers necessary,

in consequence of any amendment to section 3 of this Constitution

or any provision replacing that section, or by reason of the holding

of a census of the population, or pursuant to an Act of the National

Assembly.

74. Time when alteration of Senatorial districts or Federal

constituencies takes effect

Where the boundaries of any Senatorial district or Federal

constituency established under section 71 of this Constitution are

altered in accordance with the provisions of section 73 hereof, the

alteration shall come into effect after it has been approved by each

House of the National Assembly and after the current life of the

Senate (in the case of an alteration to the boundaries of a Senatorial

district) or the House of Representatives (in the case of an alteration

to the boundaries of a Federal constituency).

75. Ascertainment of population

For the purposes of section 72 of this Constitution, the number of

inhabitants of Nigeria or any part thereof shall be ascertained by

reference to the 1991 census of the population of Nigeria or the

latest census held in pursuance of an Act of the National Assembly

after the coming into force of the provisions of this Part of this

Chapter of: this Constitution. [Section 75 is altered

General Provisions

by Constitution of the

Federal Republic of

Nigeria, 1999 (First

Alteration Act) 2010]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations76. Time of election to the National Assembly

(1) Elections to each House of the National Assembly shall be held

on a date to be appointed by the Independent National Electoral

Commission in accordance with the Electoral Act .

(2) The date mentioned in subsection (1) of this section shall not be

earlier than one hundred and fifty days and not later than thirty days

before the date on which the House stands dissolved, or where the

election is to fill a vacancy occurring more than ninety days before

such date; not later than thirty days after the vacancy occurred.

77. Direct election and franchise

(1) Subject to the provisions of this Constitution, every Senatorial

district or Federal constituency established in accordance with

the provisions of this Part of this Chapter shall return one member

who shall be directly elected to the Senate or the House of

Representatives in such manner as may be prescribed by an Act of

the National Assembly.

(2) Every citizen of Nigeria, who has attained the age of eighteen

years, residing in Nigeria at the time of the registration of voters for

purposes of election to a legislative house, shall be entitled to be

registered as a voter for that election.

78. Supervision of election

The registration of voters and the conduct of elections shall be

subject to the direction and supervision of the Independent

National Electoral Commission.

79. Power of the National Assembly as to determination of

certain questions

The National Assembly shall make provisions as respects -

(a) persons who may apply to an election tribunal for determination

of any question as to whether -

(i) any person has been validly elected as a member of the Senate

or of the House of Representatives,

(ii) the term of office of any person has ceased, or

(iii) the seat in the Senate or in the House of Representatives of

a member of that House has become vacant; [Section 76(1) is altered

by Constitution of the

Federal Republic of

Nigeria, 1999 (First

Alteration Act) 2010]

[Section 76(2) is altered

by Constitution of the

Federal Republic of

Nigeria, 1999 (Second

Alteration Act) 2010]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) circumstances and manner in which, and the conditions upon

which, such application may be made; and

relation to any such application.

E - Powers and Control over Public Funds

80. Establishment of Consolidated Revenue Fund

(1) All revenues or other moneys raised or received by the

Federation (not being revenues or other moneys payable under

this Constitution or any Act of the National Assembly into any other

public fund of the Federation established for a specific purpose)

shall be paid into and form one Consolidated Revenue Fund of the

Federation.

(2) No moneys shall be withdrawn from the Consolidated Revenue

Fund of the Federation except to meet expenditure that is

charged upon the fund by this Constitution or where the issue

of those moneys has been authorised by an Appropriation Act,

Supplementary Appropriation Act or an Act passed in pursuance of

Article 81

of this Constitution.

(3) No moneys shall be withdrawn from any public fund of the

Federation, other than the Consolidated Revenue Fund of the

Federation, unless the issue of those moneys has been authorised

by an Act of the National Assembly.

(4) No moneys shall be withdrawn from the Consolidated Revenue

Fund or any other public fund of the Federation, except in the

manner prescribed by the National Assembly.

81. Authorisation of expenditure from Consolidated Revenue

Fund

(1) The President shall cause to be prepared and laid before each

House of the National Assembly at any time in each financial year

estimates of the revenues and expenditure of the Federation for

the next following financial year.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) The heads of expenditure contained in the estimates (other than

expenditure charged upon the Consolidated Revenue Fund of the

Federation by this Constitution) shall be included in a bill, to be

known as an Appropriation Bill, providing for the issue from the

Consolidated Revenue Fund of the sums necessary to meet that

expenditure and the appropriation of those sums for the purposes

specified therein.

(3) The amount standing to the credit of the –

(a) Independent National Electoral Commission,

(b) National Assembly, and

in the Consolidated Revenue Fund of the Federation shall be paid

directly to the said bodies respectively; in the case of the Judiciary,

such amount shall be paid to the National Judicial Council for

disbursement to the heads of the courts established for the

Federation and the States under section 6 of this Constitution.

(4) If in respect of any financial year it is found that -

(a) the amount appropriated by the Appropriation Act for any

purpose is insufficient; or

(b) a need has arisen for expenditure for a purpose for which no

amount has been appropriated by the Act,

a supplementary estimate showing the sums required shall be

laid before each House of the National Assembly and the heads

of any such expenditure shall be included in a Supplementary

Appropriation Bill.

82. Authorisation of expenditure in default appropriations

If the Appropriation Bill in respect of any financial year has not been

passed into law by the beginning of the financial year, the President

may authorise the withdrawal of moneys in the Consolidated

Revenue Fund of the Federation for the purpose of meeting

expenditure necessary to carry on the services of the Government

of the Federation for a period not exceeding six months or until the

coming into operation of the Appropriation Act, whichever is the

earlier: [Section 81(3) is

substituted by

Constitution of the

Federal Republic of

Nigeria, 1999 (First

Alteration Act) 2010]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsProvided that the withdrawal in respect of any such period shall

not exceed the amount authorised to be withdrawn from the

Consolidated Revenue Fund of the Federation under the provisions

of the Appropriation Act passed by the National Assembly for the

corresponding period in the immediately preceding financial year,

being an amount proportionate to the total amount so authorised

for the immediately preceding financial year.

83. Contingencies Fund

(1) The National Assembly may by law make provisions for the

establishment of a Contingencies Fund for the Federation and for

authorising the President, if satisfied that there has arisen an urgent

and unforeseen need for expenditure for which no other provision

exists, to make advances from the Fund to meet the need.

(2) Where any advance is made in accordance with the provisions

of this section, a supplementary estimate shall be presented and a

Supplementary Appropriation Bill shall be introduced as soon as

possible for the purpose of replacing the amount so advanced.

84. Remuneration, etc. of the President and certain other

officers

(1) There shall be paid to the holders of the offices mentioned in

this section such remuneration, salaries and allowances as may

be prescribed by the National Assembly, but not exceeding the

amount as shall have been determined by the Revenue Mobilisation

Allocation and Fiscal Commission.

(2)The remuneration, salaries and allowances payable to the

holders of the offices so mentioned shall be a charge upon the

Consolidated Revenue Fund of the Federation.

(3) The remuneration and salaries payable to the holders of the said

offices and their conditions of service, other than allowances, shall

not be altered to their disadvantage after their appointment.

(4) The offices aforesaid are the offices of President, Vice-President,

Chief Justice of Nigeria, Justice of the Supreme Court, President of

the Court of Appeal, Justice of the Court of Appeal, Chief Judge of

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsthe Federal High Court, Judge of the Federal High Court, President

of the National Industrial Court, Judge of the National Industrial

Court, Chief Judge and Judge of the High Court of the Federal

Capital Territory, Abuja, Chief Judge of a State, Judge of the

High Court of a State, Grand Kadi and Kadi of the Sharia Court of

Appeal of the Federal Capital Territory, Abuja, President and Judge

of the Customary Court of Appeal of the Federal Capital Territory,

Abuja, Grand Kadi and Kadi of the Sharia Court of Appeal of a

State, President and Judge of the Customary Court of Appeal of

a State, the Auditor-General for the Federation and the Chairmen

and members of the following executive bodies, namely, the

Code of Conduct Bureau, the Federal Civil Service Commission,

the Independent National Electoral Commission, the National

Judicial Council, the Federal Judicial Service Commission, the

Judicial Service Committee of the Federal Capital Territory, Abuja,

the Federal Character Commission, the Code of Conduct Tribunal,

the National Population Commission, the Revenue Mobilisation

Allocation and Fiscal Commission, the Nigeria Police Council and

the Police Service Commission.

(5) Any person who has held office as President or Vice-President

shall be entitled to pension for life at a rate equivalent to the annual

salary of the incumbent President or Vice-President:

Provided that such a person was not removed from office by the

process of impeachment or for breach of any provisions of this

Constitution.

(6) Any pension granted by virtue of subsection (5) of this section

shall be a charge upon the Consolidated Revenue Fund of the

Federation.

(7) The recurrent expenditure of judicial offices in the Federation

(in addition to salaries and allowances of the judicial officers

mentioned in subsection (4) of this section) shall be charge upon

the Consolidated Revenue Fund of the Federation.

(8) The recurrent expenditure of the Independent National Electoral

Commission, in addition to salaries and allowances of the Chairman

and members, shall be a charge upon the Consolidated Revenue

Fund of the Federation. [Section 84(8)

is inserted by

Constitution of the

Federal Republic of

Nigeria, 1999 (First

Alteration Act) 2010][Section 84(4)

is altered by

Constitution of the

Federal Republic of

Nigeria, 1999 (Third

Alteration Act)

2010]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations85. Audit of public accounts

(1) There shall be an Auditor-General for the Federation who shall

be appointed in accordance with the provisions of section 86 of this

Constitution.

(2) The public accounts of the Federation and of all offices and

courts of the Federation shall be audited and reported on by

the Auditor-General who shall submit his reports to the National

Assembly; and for that purpose, the Auditor-General or any person

authorised by him in that behalf shall have access to all the books,

records, returns and other documents relating to those accounts.

(3) Nothing in subsection (2) of this section shall be construed as

authorising the Auditor-General to audit the accounts of or appoint

auditors for government statutory corporations, commissions,

authorities, agencies, including all persons and bodies established

by an Act of the National Assembly, but the Auditor-General shall –

(a) provide such bodies with -

(i) a list of auditors qualified to be appointed by them as

external auditors and from which the bodies shall appoint their

external auditors, and

(ii) guidelines on the level of fees to be paid to external

auditors; and

(b) comment on their annual accounts and auditor’s reports

thereon.

(4) The Auditor-General shall have power to conduct periodic checks

of all government statutory corporations, commissions, authorities,

agencies, including all persons and bodies established by an Act of

the National Assembly.

(5) The Auditor-General shall, within ninety days of receipt of the

Accountant-General’s financial statement, submit his reports under

this section to each House of the National Assembly and each House

shall cause the reports to be considered by a committee of the

House of the National Assembly responsible for public accounts.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(6) In the exercise of his functions under this Constitution, the

Auditor-General shall not be subject to the direction or control of

any other authority or person.

86. Appointment of Auditor-General

(1) The Auditor-General for the Federation shall be appointed by

the President on the recommendation of the Federal Civil Service

Commission, subject to confirmation by the Senate.

(2) The power to appoint persons to act in the office of the Auditor-

General shall vest in the President.

(3) Except with the sanction of a resolution of the Senate, no person

shall act in the office of the Auditor-General for a period exceeding

six months.

87. Tenure of office of Auditor-General

(1) A person holding the office of the Auditor-General for the

Federation shall be removed from office by the President acting on

an address supported by two-thirds majority of the Senate praying

that he be so removed for inability to discharge the functions of his

office (whether arising from infirmity of mind or body or any other

cause) or for misconduct.

(2) The Auditor-General shall not be removed from office before

such retiring age as may be prescribed by law, save in accordance

with the provisions of this section.

88. Power to conduct investigations

(1) Subject to the provisions of this Constitution, each House of

the National Assembly shall have power by resolution published

in its journal or in the Official Gazette of the Government of the

Federation to direct or cause to be directed investigation into -

(a) any matter or thing with respect to which it has power to

make laws; and

(b) the conduct of affairs of any person, authority, Ministry or

government department charged, or intended to be charged,

with the duty of or responsibility for -

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(i) executing or administering laws enacted by National

Assembly, and

(ii) disbursing or administering moneys appropriated or to be

appropriated by the National Assembly.

(2) The powers conferred on the National Assembly under the

provisions of this section are exercisable only for the purpose of

enabling it to –

(a) make laws with respect to any matter within its legislative

competence and correct any defects in existing laws; and

(b) expose corruption, inefficiency or waste in the execution or

administration of laws within its legislative competence and in

the disbursement or administration of funds appropriated by it.

89. Power as to matters of evidence

(1) For the purposes of any investigation under section 88 of this

Constitutional and subject to the provisions thereof, the Senate

or the House of Representatives or a committee appointed in

accordance with section 62 of this Constitution shall have power

to -

(a) procure all such evidence, written or oral, direct or

circumstantial, as it may think necessary or desirable, and

examine all persons as witnesses whose evidence may be

material or relevant to the subject matter;

(b) require such evidence to be given on oath;

or produce any document or other thing in his possession or

under his control, and examine him as a witness and require him

to produce any document or other thing in his possession or

under his control, subject to all just exceptions; and

(d) issue a warrant to compel the attendance of any person who,

after having been summoned to attend, fails, refuses or neglects

to do so and does not excuse such failure, refusal or neglect to

the satisfaction of the House or the committee in question, and

order him to pay all costs which may have been occasioned in

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationscompelling his attendance or by reason of his failure, refusal or

neglect to obey the summons, and also to impose such fine as

may be prescribed for any such failure, refusal or neglect; and

any fine so imposed shall be recoverable in the same manner as

a fine imposed by a court of law.

(2) A summons or warrant issued under this section may be served

or executed by any member of the Nigeria Police Force or by any

person authorised in that behalf by the President of the Senate

or the Speaker of the House of Representatives, as the case may

require.

PART II

House of Assembly of a State

A - Composition and Staff of House of Assembly

90. Establishment of House of Assembly for each State

There shall be a House of Assembly for each of the States of the

Federation.

91. Composition of the House of Assembly

Subject to the provisions of this Constitution, a House of Assembly

of a State shall consist of three or four times the number of seats

which that State has in the House of Representatives divided in a

way to reflect, as far as possible, nearly equal population:

Provided that a House of Assembly of a State shall consist of not

less than twenty-four and not more than forty members.

92. Speaker of House of Assembly

(1) There shall be a Speaker and a Deputy Speaker of a House of

Assembly who shall be elected by the members of the House from

among themselves.

(2) The Speaker or Deputy Speaker of the House of Assembly shall

vacate his office –

(a) if he ceases to be a member of the House of Assembly,

otherwise than by reason of the dissolution of the House;

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) when the House first sits after any dissolution of House; or

Assembly by the votes of not less than two-third majority of

the members of the House.

93. Staff of House of Assembly

There shall be a Clerk to a House of Assembly and such other staff

as may be prescribed by a Law enacted by the House of Assembly,

and the method of appointment of the Clerk and other staff of the

House shall be as prescribed by that Law.

B - Procedure for Summoning and Dissolution of House of

Assembly

94. Declaration of assets and liabilities; oaths of members

(1) Every person elected to a House of Assembly shall, before

taking his seat in that House, declare his assets and liabilities in the

manner prescribed in this Constitution and subsequently take and

subscribe before the Speaker of the House, the Oath of Allegiance

and oath of membership prescribed in the Seventh Schedule to this

Constitution, but a member may, before taking the oaths, take part

in the election of the Speaker and Deputy Speaker of the House of

Assembly.

[Seventh Schedule]

(2) The Speaker and Deputy Speaker of a House of Assembly shall

declare their assets and liabilities in the manner prescribed by this

Constitution and subsequently take and subscribe to the Oath of

Allegiance and the oath of membership prescribed as aforesaid

before the Clerk of the House of Assembly.

95. Presiding at sittings

(1) At any sitting of a House of Assembly, the Speaker of that House

shall preside, and in his absence the Deputy Speaker shall preside.

(2) In the absence of the Speaker and Deputy Speaker of the House,

such member of the House as the House may elect for a purpose

shall preside.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations96. Quorum

(1) The quorum of a House of Assembly shall be one-third of all the

members of the House.

(1A) For the purpose of the inaugural and first sitting of the House

of Assembly of a State, the quorum shall be at least two-thirds of all

the members-elect of the House of Assembly of the State.

(2) If objection is taken by any member of a House of Assembly

present that there are present in that House (besides the person

presiding) fewer than one-third of all the members of that House

and that it is not competent for the House to transact business, and

after such interval as may be prescribed in the rules of procedure

of the House, the person presiding ascertains that the number of

members present is still less than one-third of all the members of

the House, he shall adjourn the House.

97. Languages

The business of a House of Assembly shall be conducted in English,

but the House may in addition to English conduct the business of

the House in one or more other languages spoken in the State as

the House may by resolution approve.

98. Voting

(1) Except as otherwise provided by this Constitution, any question

proposed for decision in a House of Assembly shall be determined

by the required majority of the members present and voting; and

the person presiding shall cast a vote whenever necessary to avoid

an equality of votes but shall not vote in any other case.

(2) Except as otherwise provided by this Constitution, the required

majority for the purpose of determining any question shall be a

simple majority.

(3) A House of Assembly shall by its rules provide –

(a) that a member of the House shall declare any direct pecuniary

interest he may have in any matter coming before the House for

deliberation; [Section 96 (1A)

is inserted by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 8) Act,

2023]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) that the House may by resolution decide whether or not such

member may vote or participate in its deliberations, on such

matter;

declare any direct pecuniary interest such member may have;

and

(d) for such other matters pertaining to the foregoing as the

House may think necessary,

but nothing in this subsection shall enable any rules to be made to

require any member, who signifies his intention not to vote on or

participate in such matter, and who does not so vote or participate,

to declare any such interest.

99. Unqualified person sitting or voting

Any person who sits or votes in a House of Assembly of a State

knowing or having reasonable grounds for knowing that he is not

entitled to do so commits an offence and is liable on conviction to

such punishment as shall be prescribed by a Law of the House of

Assembly.

100.Mode of exercising legislative power of a State

(1) The power of a House of Assembly to make laws shall be

exercised by bills passed by the House of Assembly and, except as

otherwise provided by this section, assented to by the Governor.

(2) A bill shall not become law unless it has been duly passed and,

subject to subsection (1) of this section, assented to in accordance

with the provisions of this section.

(3) Where a bill has been passed by the House of Assembly it shall

be presented to the Governor for assent.

(4) Where a bill is presented to the Governor for assent he shall

within thirty days thereof signify that he assents or that he withholds

assent.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(5) Where the Governor withholds assent and the bill is again passed

by the House of Assembly by two-thirds majority, the bill shall

become law and the assent of the Governor shall not be required.

101.Regulation of procedure

Subject to the provisions of this Constitution, a House of Assembly

shall have power to regulate its own procedure, including the

procedure for summoning and recess of the House.

102.Vacancy or participation of strangers not to invalidate

proceedings

A House of Assembly may act notwithstanding any vacancy in its

membership, and the presence or participation of any person not

entitled to be present at or to participate in the proceedings of the

House shall not invalidate such proceedings.

103. Committees

(1) A House of Assembly may appoint a committee of its members

for any special or general purpose as in its opinion would be better

regulated and managed by means of such a committee, and may

by resolution, regulation or otherwise as it thinks fit delegate any

functions exercisable by it to any such committee.

(2) The number of members of a committee appointed under this

section, their term of office and quorum shall be fixed by the House

of Assembly.

(3) Nothing in this section shall be construed as authorising

a House of Assembly to delegate to a committee the power to

decide whether a bill shall be passed into law or to determine any

matter which it is empowered to determine by resolution under the

provisions of this Constitution, but such a committee of the House

may be authorised to make recommendations to the House on any

such matter.

104. Sittings

A House of Assembly shall sit for a period of not less than one

hundred and eighty-one days in a year.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations105. Dissolution and issue of proclamation by Governor

(1) A House of Assembly shall stand dissolved at the expiration of

a period of four years commencing from the date of the first sitting

of the House.

(2) If the Federation is at war in which the territory of Nigeria is

physically involved and the President considers that it is not

practicable to hold elections, the National Assembly may by

resolution extend the period of four years mentioned in subsection

(1) of this section from time to time but not beyond a period of six

months at any one time.

(3) Subject to the provisions of this Constitution, the person elected

as the Governor of a State shall have power to issue a proclamation

for the holding of the first session of the House of Assembly of the

State concerned immediately after his being sworn in, or for its

dissolution as provided in this section.

C -Qualification for Membership of House of Assembly and Right

of Attendance

106. Qualifications for elections

Subject to the provisions of section 107 of this Constitution, a

person shall be qualified for election as a member of a House of

Assembly if -

(a) he is a citizen of Nigeria;

(b) he has attained the age of twenty-five years;

level or its equivalent; and

(d) he is a member of a political party and is sponsored by that

party.

107. Disqualifications

(1) No person shall be qualified for election to a House of Assembly

if - [Section 106(b)

is altered by

Constitution of the

Federal Republic of

Nigeria, 1999 (Fourth

Alteration No.27) Act

2017]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) subject to the provisions of Section 28 of this Constitution, he

has voluntarily acquired the citizenship of a country other than

Nigeria, or except in such cases as may be prescribed by the

National Assembly, has made a declaration of allegiance to such

a country;

(b) under any law in force in any part of Nigeria, he is adjudged

to be a lunatic or otherwise declared to be of unsound mind;

competent court of law or tribunal in Nigeria or a sentence of

imprisonment or fine for an offence involving dishonesty or

fraud (by whatever name called) or any other offence imposed

on him by such a court or tribunal substituted by a competent

authority for any other sentence imposed on him by such a court

or tribunal;

(d) within a period of less than ten years before the date of an

election to the House of Assembly, he has been convicted and

sentenced for an offence involving dishonesty or he has been

found guilty of a contravention of the Code of Conduct;

(e) he is an undischarged bankrupt, having been adjudged or

otherwise declared bankrupt under any law in force in any part

of Nigeria;

(f) he is a person employed in the public service of the Federation

or of any State and he has not resigned, withdrawn or retired

from such employment thirty days before the date of election;

(g) he is a member of any secret society;

(h) he has been indicted for embezzlement or fraud by a

Judicial Commission of Inquiry or an Administrative Panel of

Inquiry or a Tribunal set up under the Tribunals of Inquiry Act,

a Tribunals of Inquiry Law or any other law by the Federal and

State Government which indictment has been accepted by the

Federal or State Governments respectively; or[Section 107(1)(h)

is deleted by the

Constitution of Federal

Republic of Nigeria

(First Alteration Act)

2010]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(i) he has presented a forged certificate to the Independent

National Electoral Commission.

(2) Where in respect of any person who has been -

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(d) adjudged or declared bankrupt,

any appeal against the decision is pending in any court of law in

accordance with any law in force in Nigeria, subsection (1) of this

section shall not apply during a period beginning from the date

when such appeal is lodged and ending on the date when the

appeal is finally determined or, as the case may be, the appeal

lapses or is abandoned, whichever is earlier.

(3) For the purposes of subsection (2) of this section, an “ appeal ”

includes any application for an injunction or an order of certiorari,

mandamus , prohibition or habeas corpus , or any appeal from any

such application.

108. Right of attendance of Governor

(1) The Governor of a State may attend a meeting of a House of

Assembly of the State either to deliver an address on State affairs

or to make such statement on the policy of government as he may

consider to be of importance to the State.

(2) A Commissioner of the Government of a State shall attend the

House of Assembly of the State if invited to explain to the House

of Assembly the conduct of his Ministry, and in particular when the

affairs of that Ministry are under discussion.

(3) Nothing in this section shall enable any person who is not a

member of a House of Assembly to vote in that House or in any of

its committees.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations109. Tenure of seat of members

(1) A member of a House of Assembly shall vacate his seat in the

House if -

(a) he becomes a member of another legislative house;

(b) any other circumstances arise that, if he were not a member

of that House, would cause him to be disqualified for election as

such a member;

(d) he becomes President, Vice-President, Governor, Deputy

Governor or a Minister of the Government of the Federation

or a Commissioner of the Government of a State or a Special

Adviser;

(e) save as otherwise provided by this Constitution, he becomes

a member of a commission or other body established by this

Constitution or by any other law;

(f) without just cause, he is absent from meetings of the House of

Assembly for a period amounting in the aggregate to more than

one-third of the total number of days during which the House

meets in any one year;

(g) being a person whose election to the House of Assembly was

sponsored by a political party, he becomes a member of any

other political party before the expiration of the period for which

that House was elected:

Provided that his membership of the latter political party is not

as a result of a division in the political party of which he was

previously a member or of a merger of two or more political

parties or factions by one of which he was previously sponsored;

(h) the Speaker of the House of Assembly receives a certificate

under the hand of the Chairman of the Independent National

Electoral Commission stating that the provisions of section 110

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsof this Constitution have been complied with in respect of the

recall of the member.

(2) The Speaker of the House of Assembly shall give effect to

subsection (1) of this section, so however that the Speaker or a

member shall first present evidence satisfactory to the House that

any of the provisions of that subsection has become applicable in

respect of the member.

(3) A member of a House of Assembly shall be deemed to be absent

without just cause from a meeting of the House of Assembly unless

the person presiding certifies in writing that he is satisfied that the

absence of the member from the meeting was for a just cause.

110. Recall

A member of the House of Assembly may be recalled as such a

member if -

(a) there is presented to the Chairman of the Independent

National Electoral Commission a petition in that behalf signed

by more than one-half of the persons registered to vote in

that member’s constituency alleging their loss of confidence

in that member and which signatures are duly verified by the

Independent National Electoral Commission; and

(b) the petition is thereafter, in a referendum conducted by the

Independent National Electoral Commission within ninety days

of the date of the receipt of the petition, approved by a simple

majority of the votes of the persons registered to vote in that

member’s constituency.

111. Remuneration

A member of the House of Assembly shall receive such salary and

other allowances as the Revenue Mobilisation Allocation and Fiscal

Commission may determine. [Section 110(a)

is altered by

Constitution of the

Federal Republic of

Nigeria, 1999 (First

Alteration Act) 2010]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsD - Elections to a House of Assembly

112. State Constituencies

Subject to the provisions of sections 91 and 113 of this Constitution,

the Independent National Electoral Commission shall divide every

State in the Federation into such number of State constituencies as

is equal to three or four times the number of Federal constituencies

within that State.

113. Size of State Constituencies

The boundaries of each State constituency shall be such that the

number of inhabitants thereof is as nearly equal to the population

quota as is reasonably practicable.

114. Periodical review of State Constituencies

(1) The Independent National Electoral Commission shall review

the division of every State into constituencies at intervals of not less

than ten years, and may alter such constituencies in accordance

with the provisions of this section to such extent as it may consider

desirable in the light of the review.

(2) The Independent National Electoral Commission may at any time

carry out such a review and alter the constituencies in accordance

with the provisions of this section to such extent as it considers

necessary in consequence of any alteration of the boundaries of the

State or by reason of the holding of a census of the population of

Nigeria in pursuance of an Act of the National Assembly.

115.Time when alteration of State Constituencies takes effect

Where the boundaries of any State constituency established under

Article 112

of this Constitution are altered in accordance with

the provisions of section 114 of this Constitution, that alteration

shall come into effect after it has been approved by the National

Assembly and after the current life of the House of Assembly.

116.Time of elections to Houses of Assembly

(1) Elections to a House of Assembly shall be held on a date to be

appointed by the Independent National Electoral Commission in

accordance with the Electoral Act. [Section 116(1)

is altered by

Constitution of the

Federal Republic of

Nigeria, 1999 (First

Alteration Act) 2010]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) The date mentioned in subsection (1) of this section shall not be

earlier than one hundred and fifty days and not later than thirty days

before the date on which the House stands dissolved, or where the

election is to fill a vacancy occurring more than ninety days before

such date, not later than thirty days after the vacancy occurred.

117. Direct election and franchise

(1) Subject to the provisions of this Constitution, every State

constituency established in accordance with the provisions of

this part of this Chapter shall return one member who shall be

directly elected to a House of Assembly in such manner as may be

prescribed by an Act of the National Assembly.

(2) Every citizen of Nigeria, who has attained the age of eighteen

years, residing in Nigeria at the time of the registration of voters for

purposes of election to any legislative House, shall be entitled to

be registered as a voter for that election.

118. Supervision of election

The registration of voters and the conduct of elections shall be

subject to the direction and supervision of the Independent

National Electoral Commission.

119. Power of National Assembly as to determination of

certain questions

The National Assembly shall make provisions as respects -

(a) persons who may apply to an election tribunal for the

determination of any question as to whether-

(i) any person has been validly elected as a member of a House

of Assembly,

(ii) the term of office of any person has ceased, or

(iii) the seat in a House of Assembly of a member of that House

has become vacant;

(b) circumstances and manner in which, and the conditions upon

which, such application may be made; and

relation to any such application.[Section 116(2)

is altered by

Constitution of the

Federal Republic

of Nigeria, 1999

(Second Alteration

Act) 2010]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsE - Powers and Control over Public Funds

120. Establishment of Consolidated Revenue Fund

(1) All revenues or other moneys raised or received by a State (not

being revenues or other moneys payable under this Constitution or

any Law of a House of Assembly into any other public fund of the

State established for a specific purpose) shall be paid into and form

one Consolidated Revenue Fund of the State.

(2) No moneys shall be withdrawn from the Consolidated Revenue

Fund of the State except to meet expenditure that is charged upon

the Fund by this Constitution or where the issue of those moneys

has been authorised by an Appropriation Law, Supplementary

Appropriation Law or Law passed in pursuance of section 121 of

this Constitution.

(3) No moneys shall be withdrawn from any public fund of the State,

other than the Consolidated Revenue Fund of the State, unless the

issue of those moneys has been authorised by a Law of the House

of Assembly of the State.

(4) No moneys shall be withdrawn from the Consolidated Revenue

Fund of the State or any other public fund of the State except in the

manner prescribed by the House of Assembly.

121. Authorisation of expenditure from Consolidated Revenue

Fund

(1) The Governor shall cause to be prepared and laid before the

House of Assembly at any time before the commencement of each

financial year estimates of the revenues and expenditure of the

State for the next following financial year.

(2) The heads of expenditure contained in the estimates, other

than expenditure charged upon the Consolidated Revenue Fund

of the State by this Constitution, shall be included in a bill, to be

known as an Appropriation Bill, providing for the issue from the

Consolidated Revenue Fund of the State of the sums necessary to

meet that expenditure and the appropriation of those sums for the

purposes specified therein.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) Any amount standing to the credit of –

(a) a State House of Assembly of a State in the Consolidated

Revenue Fund of the State shall be paid directly into the account

of the Assembly; and

(b) the Judiciary of a State in the Consolidated Revenue Fund

of the State shall be paid directly to the heads of the courts

concerned.

(3A) For the purpose of subsection (3), there is established for each

State of the Federation a Disbursement Committee comprising –

(a) the Commissioner of Finance of the State, as Chairman;

(b) Accountant-General of the State;

(d) Chief Registrar of the High Court of the State;

(e) Chief Registrar of the Revenue Court of the State (where

applicable)

(f) Chief Registrar of Sharia Court of Appeal of the State (where

applicable)

(g) Chief Registrar of the Customary Court of Appeal of the State

(where applicable)

(h) the Clerk of the State House of Assembly;

(i) Secretary of the House of Assembly Service Commission;

(j) the Secretary of the State Judicial Service Commission; and

(k) the officer in charge of finance in the State House of Assembly.

(3B) All moneys due to the House of Assembly of the State and

the Judiciary of the State for capital and recurrent expenditures

shall be paid by the State Accountant-General into the House

of Assembly of the State and Judiciary of the State accounts in

monthly installments respectively.

(3C) The moneys due to the House of Assembly of a State and

the Judiciary of a State shall be the amount appropriated in the

Appropriation Law of the State for the year.[Section 121 (3) is

substituted by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 6)

Act, 2023]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3D) The monthly installment shall be –

(a) determined by apportioning the approved budget on figures

by twelve equal installments; and

(b) adjusted to reflect the ratio of the gross allocation from

Federal Accounts Allocation Committee and internally generated

revenue on the approved budget for the State.

(3E) Where the gross allocation from Federation Accounts Allocation

Committee and internally generated revenue in any month is lower

than the budget amount for the month, the amount due to the

House of Assembly of the State and Judiciary of the State shall be

paid on a pro-rata basis.

(3F) When there is an increase in the subsequent income of the

State, any previous shortfall shall be paid in arrears to the House of

Assembly of the State and the Judiciary of the State.

(3G) The Accountant-General of the State shall furnish the

Disbursement Committee with gross inflow from Federation

Accounts Allocation Committee and internally generated revenue,

not later than seven days after the Federation Accounts Allocation

Committee meeting for the month.

(3H) The Commissioner responsible for Finance and the Accountant-

General of the State shall, pursuant to subsection (3B), make full

disclosure of all revenues that accrue to the State and release the

funds to the House of Assembly of the State and Judiciary of the

State, not later than one week after the funds have become due.

(4) If in respect of any financial year, it is found that -

(a) the amount appropriated by the Appropriation Law for any

purpose is insufficient; or

(b) a need has arisen for expenditure for a purpose for which no

amount has been appropriated by the law,

a supplementary estimate showing the sums required shall be

laid before the House of Assembly and the heads of any such

expenditure shall be included in a Supplementary Appropriation

Bill.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations122. Authorisation of expenditure in default of appropriations

If the Appropriation Bill in respect of any financial year has not been

passed into law by the beginning of the financial year, the Governor

may authorise the withdrawal of moneys from the Consolidated

Revenue Fund of the State for the purpose of meeting expenditure

necessary to carry on the services of the Government for a period

not exceeding six months or until the coming into operation of the

law, whichever is the earlier:

Provided that the withdrawal in respect of any such period shall

not exceed the amount authorised to be withdrawn from the

Consolidated Revenue Fund of the State under the provisions of

the Appropriation Law passed by the House of Assembly for the

corresponding period in the immediately preceding financial year,

being an amount proportionate to the total amount so authorised

for the immediately preceding financial year.

123. Contingencies Fund

(1) A House of Assembly may by law make provisions for the

establishment of a Contingencies Fund for the State and for

authorising the Governor, if satisfied that there has arisen an urgent

and unforeseen need for expenditure for which no other provision

exists, to make advances from the Fund to meet that need.

(2) Where any advance is made in accordance with the provisions

of this section, a supplementary estimate shall be presented and a

Supplementary Appropriation Bill shall be introduced as soon as

possible for the purpose of replacing the amount so advanced.

124. Remuneration, etc., of the Governor and certain other

officers

(1) There shall be paid to the holders of the offices mentioned in

this section such remuneration and salaries as may be prescribed

by a House of Assembly, but not exceeding the amount as shall

have been determined by the Revenue Mobilisation Allocation and

Fiscal Commission.

(2) The remuneration, salaries and allowances payable to the

holders of the offices so mentioned shall be charged upon the

Consolidated Revenue Fund of the State.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) The remuneration and salaries payable to the holders of the said

offices and their conditions of service, other than allowances, shall

not be altered to their disadvantage after their appointment.

(4) The offices aforesaid are the offices of Governor, Deputy

Governor, Auditor-General for a State and the Chairman and

members of the following bodies, that is to say, the State Civil

Service Commission, the State Independent Electoral Commission

and the State Judicial Service Commission.

(5) Provisions may be made by a Law of a House of Assembly for the

grant of a pension or gratuity to or in respect of a person who had

held office as Governor or Deputy Governor and was not removed

from office as a result of impeachment; and any pension granted by

virtue of any provision made in pursuance of this subsection shall

be a charge upon the Consolidated Revenue Fund of the State.

125. Audit of public accounts

(1) There shall be an Auditor-General for each State who shall be

appointed in accordance with the provisions of section 126 of this

Constitution.

(2) The public accounts of a State and of all offices and courts of

the State shall be audited by the Auditor-General for the State

who shall submit his reports to the House of Assembly of the State

concerned, and for that purpose the Auditor-General or any person

authorised by him in that behalf shall have access to all the books,

records, returns and other documents relating to those accounts.

(3) Nothing in subsection (2) of this section shall be construed as

authorising the Auditor-General to audit the accounts of or appoint

auditors for government statutory corporations, commissions,

authorities, agencies, including all persons and bodies established

by Law by the Auditor-General shall -

(a) provide such bodies with –

(i) a list of auditors qualified to be appointed by them as

external auditors and from which the bodies shall appoint their

external auditors, and

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(ii) a guideline on the level of fees to be paid to external

auditors; and

(b) comment on their annual accounts and auditor’s report

thereon.

(4) The Auditor-General for the State shall have power to conduct

periodic checks of all government statutory corporations,

commissions, authorities, agencies, including all persons and

bodies established by a law of the House of Assembly of the State.

(5) The Auditor-General for a State shall, within ninety days of

receipt of the Accountant-General’s financial statement and annual

accounts of the State, submit his report to the House of Assembly

of the State and the House shall cause the report to be considered

by a committee of the House responsible for public accounts.

(6) In the exercise of his functions under this Constitution, the

Auditor-General for a State shall not be subject to the direction or

control of any other authority or person.

126. Appointment of Auditor-General

(1) The Auditor-General for a State shall be appointed by the

Governor of the State on the recommendation of the State Civil

Service Commission subject to confirmation by the House of

Assembly of the State.

(2) The power to appoint persons to act in the office of the Auditor-

General for a State shall vest in the Governor.

(3) Except with the sanction of a resolution of the House of Assembly

of a State, no person shall act in the office of the Auditor-General

for a State for a period exceeding six months.

127. Tenure of office of Auditor-General

(1) A person holding the office of Auditor-General under section

126 (1) of this Constitution shall be removed from office by the

Governor of the State acting on an address supported by two-thirds

majority of the House of Assembly praying that he be so removed

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsfor inability to discharge the functions of his office (whether arising

from infirmity of mind or body or any other cause) or for misconduct.

(2) An Auditor-General shall not been removed from office before

such retiring age as may be prescribed by Law, save in accordance

with the provisions of this section.

128. Power to conduct investigations

(1) Subject to the provisions of this Constitution, a House of

Assembly shall have power by resolution published in its journal or

in the Office Gazette of the Government of the State to direct or

cause to be directed an inquiry or investigation into -

(a) any matter or thing with respect to which it has power to

make laws; and

(b) the conduct of affairs of any person, authority, Ministry or

government department charged, or intended to be charged,

with the duty of or responsibility for –

(i) executing or administering laws enacted by that House of

Assembly, and

(ii) disbursing or administering moneys appropriated or to be

appropriated by such House.

(2) The powers conferred on a House of Assembly under the

provisions of this section are exercisable only for the purpose of

enabling the House to -

(a) make laws with respect to any matter within its legislative

competence and correct any defects in existing laws; and

(b) expose corruption, inefficiency of waste in the execution or

administration of laws within its legislative competence and in

the disbursement or administration of funds appropriated by it.

129. Power as to matters of evidence

(1) For the purposes of any investigation under section 128 of this

Constitution, and subject to the provisions thereof, a House of

Assembly or a committee appointed in accordance with section

103 of this Constitution shall have power to -

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) procure all such evidence, written or oral, direct or

circumstantial, as it may think necessary or desirable, and

examine all persons as witnesses whose evidence may be

material or relevant to the subject matter;

(b) require such evidence to be given on oath;

or produce any document or other thing in his possession or

under his control, and examine him as a witness and require him

to produce any document or other thing in his possession or

under his control, subject to all just exceptions; and

(d) issue a warrant to compel the attendance of any person

who, after having been summoned to attend, fails, refuses or

neglects to do so and does not excuse such failure, refusal or

neglect to the satisfaction of the House of Assembly or the

committee, and order him to pay all costs which may have

been occasioned in compelling his attendance or by reason

of his failure, refusal or neglect to obey the summons and also

to impose such fine as may be prescribed for any such failure,

refusal or neglect; and any fine so imposed shall be recoverable

in the same manner as a fine imposed by a court of law.

(2) A summons or warrant issued under this section may be served

or executed by any member of the Nigeria Police Force or by any

person authorised in that behalf by the Speaker of the House of

Assembly of the State.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsCHAPTER VI

The Executive

PART I

Federal Executive

A - The President of the Federation

130. Establishment of the office of President

(1) There shall be for the Federation a President.

(2) The President shall be the Head of State and the Chief

Executive of the Federation and Commander-in-Chief of the

Armed Forces of the Federation.

131. Qualification for election as President

A person shall be qualified for election to the office of the President

if -

(a) he is a citizen of Nigeria by birth;

(b) he has attained the age of thirty-five years;

political party; and

(d) he has been educated up to at least School Certificate level

or its equivalent.

132. Election of President: general

(1) An election to the office of President shall be held on a date to

be appointed by the Independent National Electoral Commission

in accordance with the Electoral Act.

(2) An election to the said office shall be held on a date not earlier

than one hundred and fifty days and not later than thirty days before

the expiration of the term of office of the last holder of that office. [Section 132 (1) and

(2) are altered by

Constitution of the

Federal Republic of

Nigeria, 1999 (First

Alteration Act) 2010];

[Section 132(2) is altered

by Constitution of the

Federal Republic of

Nigeria, 1999 (Second

Alteration Act) 2010][Section 131(b) is

altered by Constitution

of the Federal Republic

of Nigeria, 1999

(Fourth Alteration

No.27) Act 2017]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) Where in an election to the office of President one of the two or

more candidates nominated for the election is the only candidate

after the close of nomination, by reason of the disqualification,

withdrawal, incapacitation, disappearance or death of the other

candidates, the Independent National Electoral Commission shall

extend the time for nomination.

(4) For the purpose of an election to the office of President, the

whole of the Federation shall be regarded as one constituency.

(5) Every person who is registered to vote at an election of a member

of a legislative House shall be entitled to vote at an election to the

office of President.

133. Election: single Presidential candidate

A candidate for an election to the office of President shall be

deemed to have been duly elected to such office where, being the

only candidate nominated for the election -

(a) he has a majority of YES votes over NO votes cast at the

election; and

(b) he has not less than one-quarter of the votes cast at the

election in each of at least two-thirds of all the States in the

Federation and the Federal Capital Territory, Abuja,

but where the only candidate fails to be elected in accordance with

this section, then there shall be fresh nominations.

134. Election: two or more Presidential candidates

(1) A candidate for an election to the office of President shall be

deemed to have been duly elected, where, there being only two

candidates for the election -

(a) he has the majority of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the

election in each of at least two-thirds of all the States in the

Federation and the Federal Capital Territory, Abuja.

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) A candidate for an election to the office of President shall be

deemed to have been duly elected where, there being more than

two candidates for the election-

(a) he has the highest number of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the

election each of at least two-thirds of all the States in the

Federation and the Federal Capital Territory, Abuja.

(3) In a default of a candidate duly elected in accordance with

subsection (2) of this section, there shall be a second election in

accordance with subsection (4) of this section at which the only

candidate shall be -

(a) the candidate who scored the highest number of votes at any

election held in accordance with the said subsection (2) of this

section; and

(b) one among the remaining candidates who has a majority of

votes in the highest number of States, so however that where

there are more than one candidate with majority of votes in the

highest number of States, the candidate among them with the

highest total of votes cast at the election shall be the second

candidate for the election.

(4) In default of a candidate duly elected under the foregoing

subsections, the Independent National Electoral Commission shall

within twenty-one days of the result of the election held under

the said subsections, arrange for an election between the two

candidates and a candidate at such election shall be deemed to

have been duly elected to the office of President if -

(a) he has a majority of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the

election in each of at least two-thirds of all the States in the

Federation and the Federal Capital Territory, Abuja.

(5) In default of a candidate duly elected under subsection (4) of

this section, the Independent National Electoral Commission shall,

within twenty-one days of the result of the election held under the [Section 134 (5) is

altered by Constitution

of the Federal Republic

of Nigeria, 1999 (Fourth

Alteration No.9) Act

2017][Section 134 (4) is

altered by Constitution

of the Federal Republic

of Nigeria, 1999 (Fourth

Alteration No.9) Act

2017]

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsaforesaid subsection (4), arrange for another election between the

two candidates to which the subsection relates and a candidate

at such election shall be deemed to have been duly elected to

the office of President if he has a majority of the votes cast at the

election.

135. Tenure of office of President

(1) Subject to the provisions of this Constitution, a person shall hold

the office of President until-

(a) when his successor in office takes the oath of that office;

(b) he dies whilst holding such office; or

(d) he otherwise ceases to hold office in accordance with the

provisions of this Constitution.

(2) Subject to the provisions of subsection (1) of this section, the

President shall vacate his office at the expiration of a period of four

years commencing from the date, when -

(a) in the case of a person first elected as President under this

Constitution, he took the Oath of Allegiance and the oath of

office; and

(b) in any other case, the person last elected to that office under

this Constitution took the Oath of Allegiance and oath of office

or would, but for his death, have taken such oaths.

(2A) In the determination of the four year term, where a re-run

election has taken place and the person earlier sworn in wins the

re-run election, the time spent in the office before the date the

election was annulled, shall be taken into account.

(3) If the Federation is at war in which the territory of Nigeria is

physically involved and the President considers that it is not

practicable to hold elections, the National Assembly may by

resolution extend the period of four years mentioned in subsection

(2) of this section from time to time; but no such extension shall

exceed a period of six months at any one time.[Section 135(2A) is

inserted by Constitution

of the Federal Republic

of Nigeria, 1999 (First

Alteration Act) 2010]

100

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations136. Death, etc. of President-elect before oath of office

(1) If a person duly elected as President dies before taking and

subscribing the Oath of Allegiance and oath of office, or is for any

reason whatsoever unable to be sworn in, the person elected with

him as Vice-President shall be sworn in as President and he shall

nominate a new Vice-President who shall be appointed by the new

President with the approval by a simple majority of the National

Assembly at a joint sitting.

(2) Where the persons duly elected as President and Vice-President

die or are unable for any reason whatsoever to assume office

before the inauguration of the National Assembly, the Independent

National Electoral Commission shall immediately conduct an

election for a President and the Vice-President.

137. Disqualifications

(1) A person shall not be qualified for election to the office of

President if -

(a) subject to the provisions of section 28 of this Constitution, he

has voluntarily acquired the citizenship of a country other than

Nigeria or, except in such cases as may be prescribed by the

National Assembly, he has made a declaration of allegiance to

such other country; or

(b) he has been elected to such office at any two previous

elections; or

lunatic or otherwise declared to be of unsound mind; or

(d) he is under a sentence of death imposed by any competent

court of law or tribunal in Nigeria or a sentence of imprisonment

or fine for any offence involving dishonesty or fraud (by whatever

name called) or for any other offence, imposed on him by any

court or tribunal or substituted by a competent authority for any

other sentence imposed on him by such a court or tribunal; or

(e) within a period of less than ten years before the date of the

election to the office of President he has been convicted and

101

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationssentenced for an offence involving dishonesty or he has been

found guilty of the contravention of the Code of Conduct; or

(f) he is an undischarged bankrupt, having been adjudged or

otherwise declared bankrupt under any law in force in Nigeria or

any other country; or

(g) being a person employed in the civil or public service of the

Federation or of any State, he has not resigned, withdrawn or

retired from the employment at least thirty days before the date

of the election; or

(h) he is a member of any secret society; or

(i) he has been indicted for embezzlement or fraud by a Judicial

Commission of Inquiry or an Administrative Panel of Inquiry or a

tribunal set up under the Tribunals of Inquiry Act, a Tribunals of

Inquiry Law or any other law by the Federal or State Government

which indictment has been accepted by the Federal or State

Government, respectively; or

(j) he has presented a forged certificate to the Independent

National Electoral Commission.

(2) Where in respect of any person who has been -

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(d) adjudged or declared bankrupt,

any appeal against the decision is pending in any court of law in

accordance with any law in force in Nigeria, subsection (1) of this

section shall not apply during a period beginning from the date

when such appeal is lodged and ending on the date when the

appeal is finally determined or, as the case may be, the appeal

lapses or is abandoned, whichever is earlier.[Section 137(1)(i) is

deleted by Constitution

of the Federal Republic

of Nigeria, 1999 (First

Alteration Act) 2010]

102

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) A person who was sworn-in as President to complete the term

for which another person was elected as President shall not be

elected to such office for more than a single term.

138. President: disqualification from other jobs .

The President shall not, during his tenure of office, hold any other

executive office or paid employment in any capacity whatsoever.

139. Determination of certain questions relating to election

The National Assembly shall by an Act make provisions as respects

(a) persons who may apply to the Court of Appeal for the

determination of any question as to whether-

(i) any person has been validly elected to the office of President

or Vice-President,

(ii) the term of office of the President or Vice-President has

ceased, or

(iii) the office of the President or Vice-President has become

vacant;

(b) circumstances and manner in which, and the conditions upon

which such application may be made; and

relation to any such application.

140. Declaration of assets and liabilities; oaths of President

(1) A person elected to the office of President shall not begin to

perform the functions of that office until he has declared his assets

and liabilities as prescribed in this Constitution and he has taken and

subscribed the Oath of Allegiance and the oath of office prescribed

in the Seventh Schedule to this Constitution.

[Seventh Schedule]

(2) The oaths aforesaid shall be administered by the Chief Justice of

Nigeria or the person for the time being appointed to exercise the

functions of that office. [Section 137(3) is

inserted by Constitution

of the Federal Republic

of Nigeria, 1999 (Fourth

Alteration No.16) Act

2017]

103

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations141. Establishment of office of Vice-President

There shall be for the Federation a Vice-President.

142. Nomination and election of Vice-President

(1) In any election to which the foregoing provisions of this Part of this

Chapter relate, a candidate for an election to the office of President

shall not be deemed to be validly nominated unless he nominates

another candidate as his associate from the same political party for

his running for the office of President, who is to occupy the office

of Vice-President and that candidate shall be deemed to have

been duly elected to the office of Vice-President if the candidate

for an election to the office of President who nominated him as

such associate is duly elected as President in accordance with the

provisions aforesaid.

(2) The provisions of this Part of this Chapter relating to qualification

for election, tenure of office, disqualification, declaration of assets

and liabilities and oaths of President shall apply in relation to the

office of Vice-President as if references to President were references

to Vice-President.

143. Removal of President from office

(1) The President or Vice-President may be removed from office in

accordance with the provisions of this section.

(2) Whenever a notice of any allegation in writing signed by not less

than one-third of the members of the National Assembly-

(a) is presented to the President of the Senate;

(b) stating that the holder of the office of President or Vice-

President is guilty of gross misconduct in the performance of

the functions of his office, detailed particulars of which shall be

specified,

the President of the Senate shall within seven days of the receipt

of the notice cause a copy thereof to be served on the holder of

the office and on each member of the National Assembly, and shall

also cause any statement made in reply to the allegation by the

holder of the office to be served on each member of the National

Assembly.

104

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) Within fourteen days of the presentation of the notice to the

President of the Senate (whether or not any statement was made

by the holder of the office in reply to the allegation contained in

the notice) each House of the National Assembly shall resolve by

motion without any debate whether or not the allegation shall be

investigated.

(4) A motion of the National Assembly that the allegation be

investigated shall not be declared as having been passed, unless it

is supported by the votes of not less than two-thirds majority of all

the members of each House of the National Assembly.

(5) Within seven days of the passing of a motion under the foregoing

provisions, the Chief Justice of Nigeria shall at the request of the

President of the Senate appoint a panel of seven persons who in his

opinion are of unquestionable integrity, not being members of any

public service, legislative house or political party, to investigate the

allegation as provided in this section.

(6) The holder of an office whose conduct is being investigated

under this section shall have the right to defend himself in person

and be represented before the panel by legal practitioners of his

own choice.

(7) A panel appointed under this section shall -

(a) have such powers and exercise its functions in accordance

with such procedure as may be prescribed by the National

Assembly; and

(b) within three months of its appointment report its findings to

each House of the National Assembly.

(8) Where the panel reports to each House of the National Assembly

that the allegation has not been proved, no further proceedings

shall be taken in respect of the matter.

(9) Where the report of the panel is that the allegation against the

holder of the office has been proved, then within fourteen days of

the receipt of the report, each House of the National Assembly

105

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsshall consider the report, and if by a resolution of each House of the

National Assembly, supported by not less than two-thirds majority

of all its members, the report of the panel is adopted, then the

holder of the office shall stand removed from office as from the

date of the adoption of the report.

(10) No proceedings or determination of the panel or of the National

Assembly or any matter relating thereto shall be entertained or

questioned in any court.

(11) In this section -

“gross misconduct ” means a grave violation or breach of the

provisions of this Constitution or a misconduct of such nature

as amounts in the opinion of the National Assembly to gross

misconduct.

144. Permanent incapacity of President or Vice-President

(1) The President or Vice-President shall cease to hold office, if -

(a) by a resolution passed by two-thirds majority of all the

members of the executive council of the Federation it is declared

that the President or Vice-President is incapable of discharging

the functions of his office; and

(b) the declaration is verified, after such medical examination

as may be necessary, by a medical panel established under

subsection (4) of this section in its report to the President of the

Senate and the Speaker of the House of Representatives.

(2) Where the medical panel certifies in the report that in its opinion

the President or Vice-President is suffering from such infirmity of

body or mind as renders him permanently incapable of discharging

the functions of his office, a notice thereof signed by the President

of the Senate and the Speaker of the House of Representatives

shall be published in the Official Gazette of the Government of the

Federation.

(3) The President or Vice-President shall cease to hold office as from

the date of publication of the notice of the medical report pursuant

to subsection (2) of this section.

106

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(4) The medical panel to which this section relates shall be appointed

by the President of the Senate, and shall comprise five medical

practitioners in Nigeria-

(a) one of whom shall be the personal physician of the holder of

the office concerned; and

(b) four other medical practitioners who have, in the opinion of

the President of the Senate, attained a high degree of eminence

in the field of medicine relative to the nature of the examination

to be conducted in accordance with the foregoing provisions.

(5) In this section, the reference to “ executive council of the

Federation ” is a reference to the body of Ministers of the

Government of the Federation, howsoever called, established

by the President and charged with such responsibilities for the

functions of government as the President may direct.

145. Acting President during temporary absence of President

(1) Whenever the President is proceeding on vacation or is otherwise

unable to discharge the functions of his Office, he shall transmit a

written declaration to the President of the Senate and the Speaker

of the House of Representatives to that effect, and until he transmits

to them a written declaration to the contrary, the Vice-President

shall perform the functions of the President as Acting President.

(2) In the event that the President is unable or fails to transmit the

written declaration mentioned in subsection (1) of this section

within 21 days, the National Assembly shall, by a resolution made

by a simple majority of the vote of each House of the National

Assembly, mandate the Vice-President to perform the functions of

the office of the President as Acting President until the President

transmits a letter to the President of the Senate and Speaker of the

House of Representatives that he is now available to resume his

functions as President.

146. Discharge of functions of President

(1) The Vice-President shall hold the office of President if the office

of President becomes vacant by reason of death or resignation, [Section 145 is

substituted by

Constitution of the

Federal Republic of

Nigeria, 1999 (First

Alteration Act) 2010]

107

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsimpeachment, permanent incapacity or the removal of the President

from office for any other reason in accordance with section 143 or

144 of this Constitution.

(2) Where any vacancy occurs in the circumstances mentioned in

subsection (1) of this section during a period when the office of

Vice-President is also vacant, the President of the Senate shall hold

the office of President for a period of not more than three months,

during which there shall be an election of a new President, who

shall hold office for the unexpired term of office of the last holder

of the office.

(3) Where the office of Vice-President becomes vacant-

(a) by reason of death or resignation, impeachment, permanent

incapacity or removal in accordance with section 143 or 144 of

this Constitution;

(b) by his assumption of the office of President in accordance

with subsection (1) of this section; or

the President shall nominate and, with the approval of each House

of the National Assembly, appoint a new Vice-President.

147. Ministers of Federal Government

(1) There shall be such offices of Ministers of the Government of the

Federation as may be established by the President.

(2) Any appointment to the office of Minister of the Government of

the Federation shall, if the nomination of any person to such office

is confirmed by the Senate, be made by the President.

Provided that no Ministerial nominee shall be confirmed by the

Senate unless evidence of declaration of assets and liabilities of the

nominee as prescribed in this Constitution is presented.

(3) Any appointment under subsection (2) of this section by the

President shall be in conformity with the provisions of section 14(3)

of this Constitution- [Section 147(2) is altered

by the Constitution of

the Federal Republic

of Nigeria, 1999 (Fifth

Alteration) (No. 23) Act,

2023]

108

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsProvided that in giving effect to the provisions aforesaid, the

President shall appoint at least one Minister from each State, who

shall be an indigene of such State.

(4) Where a member of the National Assembly or of a House

of Assembly is appointed as Minister of the Government of the

Federation, he shall be deemed to have resigned his membership

of the National Assembly or of the House of Assembly on his taking

the oath of office as Minister.

(5) No person shall be appointed as a Minister of the Government

of the Federation unless he is qualified for election as a member of

the House of Representatives.

(6) An appointment to any of the offices aforesaid shall be deemed

to have been made where no return has been received from the

Senate within twenty-one working days of the receipt of nomination

by the Senate.

(7) Notwithstanding the provision of subsection (2) of this section,

the nomination of any person to the office of a Minister for

confirmation by the Senate shall be done within sixty days after the

date the President has taken the oath of office:

Provided that the President may appoint a Minister at any other

time during his tenure and such appointment shall be subject to

confirmation by the Senate.

148. Executive responsibilities of Ministers

(1) The President may, in his discretion, assign to the Vice-President

or any Minister of the Government of the Federation responsibility

for any business of the Government of the Federation, including

the administration of any department of government.

(2) The President shall hold regular meetings with the Vice-President

and all the Ministers of the Government of the Federation for the

purposes of -

(a) determining the general direction of domestic and foreign

policies of the Government of the Federation; [Subsection (7) is

inserted by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 23) Act,

2023]

109

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) co-ordinating the activities of the President, the Vice-President

and the Ministers of the Government of the Federation in the

discharge of their executive responsibilities; and

functions other than those functions with respect to which he is

required by this Constitution to seek the advice or act on the

recommendation of any other person or body.

149. Declaration of assets and liabilities; oaths of Ministers

A Minister of the Government of the Federation shall not enter

upon the duties of his office, unless he has declared his assets and

liabilities as prescribed in this Constitution and has subsequently

taken and subscribed the Oath of Allegiance and the oath for the

due execution of the duties of his office prescribed in the Seventh

Schedule to this Constitution.

[Seventh Schedule]

150. Attorney-General of the Federation

(1) There shall be an Attorney-General of the Federation who shall

be the Chief Law Officer of the Federation and a Minister of the

Government of the Federation.

(2) A person shall not be qualified to hold or perform the functions

of the office of the Attorney-General of the Federation unless he is

qualified to practise as a legal practitioner in Nigeria and has been

so qualified for not less than ten years.

151. Special Advisers

(1) The President may appoint any person as a Special Adviser to

assist him in the performance of his functions.

(2) The number of such Advisers and their remuneration and

allowances shall be as prescribed by law or by resolution of the

National Assembly.

(3) Any appointment made pursuant to the provisions of this section

shall be at the pleasure of the President and shall cease when the

President ceases to hold office.

110

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations152. Declaration of assets and liabilities; oath of Special Adviser

A person appointed as Special Adviser under section 151 of this

Constitution shall not begin to perform the functions of his office

until he has declared his assets and liabilities as prescribed in this

Constitution and has subsequently taken and subscribed the Oath

of Allegiance and oath of office prescribed in the Seventh Schedule

to this Constitution.

[Seventh Schedule]

B - Establishment of certain Federal Executive Bodies

153. Federal Commissions and Councils, etc.

(1) There shall be established for the Federation the following

bodies, namely-

(a) Code of Conduct Bureau;

(b) Council of State;

(d) Federal Civil Service Commission;

(e) Federal Judicial Service Commission;

(f) Independent National Electoral Commission;

(g) National Defence Council;

(h) National Economic Council;

(i) National Judicial Council;

(j) National Population Commission;

(k) National Security Council;

(l) Nigeria Police Council;

(m) Police Service Commission; and

(n) 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 1 of the Third

Schedule to this Constitution.

[Part I Third Schedule]

154. Appointment of Chairman and members

(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

111

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsConstitution, be appointed by the President and the appointment

shall be subject to confirmation by the Senate.

(2) In exercising his powers to appoint a person as Chairman or

member of the Council of State or the National Defence Council or

the National Security Council, the President shall not be required to

obtain the confirmation of the Senate.

(3) In exercising his powers to appoint a person as Chairman or

member of the Independent National Electoral Commission,

National Judicial Service Council, the Federal Judicial Service

Commission or the National Population Commission, the President

shall consult the Council of State.

155. Tenure of office of members

(1) A person who is a member of any of the bodies established

as aforesaid shall, subject to the provisions of this Part, remain a

member thereof -

(a) in the case of an ex-officio member, whilst he holds the office

by virtue of which he is a member of the body;

(b) in the case of a person who is a member by virtue of his

having previously held an office, for the duration of his life; and

ex-officio member or otherwise than by virtue of his having

previously held an office, for a period of five years from the date

of his appointment.

(2) A member of any of the bodies shall cease to be member if

any circumstances arise that, if he were not a member of the body,

would cause him to be disqualified for appointment as such a

member.

156. Qualification for membership

(1) No person shall be qualified for appointment as a member of

any of the bodies aforesaid if -

112

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) he is not qualified or if he is disqualified for election as a

member of the House of Representatives; provided that a

member of any of these bodies shall not be required to belong

to a political party, and in the case of the Independent National

Electoral Commission, he shall not be a member of a political

party.

(b) within the preceding ten years, he has been removed as a

member of any of the bodies or as the holder of any other office

on the ground of misconduct.

(2) Any person employed in the public service of the Federation

shall not be disqualified for appointment as Chairman or member

of any of such bodies:

Provided that where such person has been duly appointed he shall,

on his appointment, be deemed to have resigned his former office

as from the date of the appointment.

(3) No person shall be qualified for appointment to any of the

bodies aforesaid if, having previously been appointed as a member

otherwise than as an ex-officio member of that body, he has been

re-appointed for a further term as a member of the same body.

157. Removal of members

(1) Subject to the provisions of subsection (3) of this section, a

person holding any of the offices to which this section applies may

only be removed from that office by the President acting on an

address supported by two-thirds majority of the Senate praying

that he be so removed for inability to discharge the functions of the

office (whether arising from infirmity of mind or body or any other

cause) or for misconduct.

(2) This section applies to the offices of the Chairman and

members of the Code of Conduct Bureau, the Federal Civil Service

Commission, the Independent National Electoral Commission, the

National Judicial Council, the Federal Judicial Service Commission,

the Federal Character Commission, the Nigeria Police Council,

the National Population Commission, the Revenue Mobilisation

Allocation and Fiscal Commission and the Police Service

Commission. [Section 156(1(a)

is altered by the

Constitution of Federal

Republic of Nigeria

(First Alteration Act)

2010]

113

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) 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 section

213 of this Constitution.

158. Independence of certain bodies

(1) In exercising its power to make appointments or to exercise

disciplinary control over persons, the Code of Conduct Bureau, the

National Judicial Council, the Federal Civil Service Commission,

the Federal Judicial Service Commission, the Revenue Mobilisation

and Fiscal Commission, the Federal Character Commission, and the

Independent National Electoral Commission shall not be subject to

the direction or control of any other authority or person.

(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;

(d) in compiling its report of a national census for publication.

159. Quorum and decisions

(1) The quorum for a meeting of any of the bodies established by

Article 153

of this Constitution shall be not less than one-third

of the total number of members of that body at the date of the

meeting.

(2) A member of such a body shall be entitled to one vote, and a

decision of the meeting may be taken and any act or thing may

be done in the name of that body by a majority of the members

present at the meeting.

114

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) Whenever such body is assembled for a meeting, the Chairman

or other person presiding shall, in all matters in which a decision is

taken by vote (by whatever name such vote may be called) have a

casting as well as a deliberative vote.

(4) Subject to its rules of procedure, any such body may act or take

part in any decision notwithstanding any vacancy in its membership

or the absence of any member.

160. Powers and procedure

(1) Subject to subsection (2) of this section, any of the bodies may,

with the approval of the President, by rules or otherwise regulate its

own procedure or confer powers and impose duties on any officer

or authority for the purpose of discharging its functions, provided

that in the case of the Independent National Electoral Commission,

its powers to make its own rules or otherwise regulate its own

procedure shall not be subject to the approval or control of the

President.

(2) In the exercise of any powers under subsection (1) of this section,

any such body shall not confer powers or impose duties on any

officer or authorities of a State except with the approval of the

Governor of the State.

161. Interpretation

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;

153 of this Constitution shall be construed as including a

reference to the Chairman of that body; and [Section 160(1)

is altered by the

Constitution of Federal

Republic of Nigeria

(First Alteration Act)

2010]

115

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(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.

C - Public Revenue

162. Distributable pool account

(1) The Federation shall maintain a special account to be called “the

Federation Account” into which shall be paid all revenues collected

by the Government of the Federation, except the proceeds from

the personal income tax of the personnel of the armed forces of the

Federation, the Nigeria Police Force, the Ministry or department of

government charged with responsibility for Foreign Affairs and the

residents of the Federal Capital Territory, Abuja.

(2) The President, upon the receipt of advice from the Revenue

Mobilisation Allocation and Fiscal Commission, shall table before

the National Assembly proposals for revenue allocation from the

Federation Account, and in determining the formula, the National

Assembly shall take into account, the allocation principles especially

those of population, equality of States, internal revenue generation,

land mass, terrain as well as population density:

Provided that the principle of derivation shall be constantly reflected

in any approved formula as being not less than thirteen per cent of

the revenue accruing to the Federation Account directly from any

natural resources.

(3) Any amount standing to the credit of the Federation Account

shall be distributed among the Federal and State Governments

and the local government councils in each State on such terms and

in such manner as may be prescribed by the National Assembly.

(4) Any amount standing to the credit of the States in the Federation

Account shall be distributed among the States on such terms and in

such manner as may be prescribed by the National Assembly.

116

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(5) The amount standing to the credit of local government councils

in the Federation Account shall also be allocated to the States for

the benefit of their local government councils on such terms and in

such manner as may be prescribed by the National Assembly.

(6) Each State shall maintain a special account to be called “the

State Joint Local Government Account” into which shall be paid all

allocations to the local government councils of the State from the

Federation Account and from the Government of the State.

(7) Each State shall pay to local government councils in its area of

jurisdiction such proportion of its total revenue on such terms and

in such manner as may be prescribed by the National Assembly.

(8) The amount standing to the credit of local government councils

of a State shall be distributed among the local government councils

of that State on such terms and in such manner as may be prescribed

by the House of Assembly of the State.

(9) Any amount standing to the credit of the judiciary in the

Federation Account shall be paid directly to the National Judicial

Council for disbursement to the heads of courts established for the

Federation and the States under section 6 of this Constitution.

(10) For the purpose of subsection (1) of this section, “ revenue ”

means any income or return accruing to or derived by the

Government of the Federation from any source and includes -

(a) any receipt, however described, arising from the operation

of any law;

(b) any return, however described, arising from or in respect of

any property held by the Government of the Federation;

of shares or interest held by the Government of the Federation

in any company or statutory body.

117

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations163. Allocation of other revenues

Where under an Act of the National Assembly, tax or duty is

imposed in respect of any of the matters specified in item D of Part

II of the Second Schedule to this Constitution, the net proceeds of

such tax or duty shall be distributed among the States on the basis

of derivation and accordingly –

[Item D, Part II Second Schedule]

(a) where such tax or duty is collected by the Government of a

State or other authority of the State, the net proceeds shall be

treated as part of the Consolidated Revenue Fund of that State;

(b) where such tax or duty is collected by the Government of the

Federation or other authority of the Federation, there shall be

paid to each State at such times as the National Assembly may

prescribe a sum equal to the proportion of the net proceeds of

such tax or duty that are derived from that State.

164. Federal grants-in-aid of State revenue

(1) The Federation may make grants to a State to supplement the

revenue of that State in such sum and subject to such terms and

conditions as may be prescribed by the National Assembly.

(2) The Federation may make external grants to a foreign State or

any international body in furtherance of the foreign policy objectives

of Nigeria in such sum and subject to such terms and conditions as

may be prescribed by the National Assembly.

165. Cost of collection of certain duties

Each State shall, in respect of each financial year, pay to the

Federation an amount equal to such part of the expenditure

incurred by the Federation during that financial year for the purpose

of collection of taxes or duties which are wholly or partly payable to

the State pursuant to the provisions of this Part of this Chapter or of

any Act of the National Assembly as is proportionate to the share

of the proceeds of those taxes or duties received by the State in

respect of that financial year.

118

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations166. Set-off

(1) Any payment that is required by this Part of this Chapter to be

made by the Federation to a State may be set-off by the Federation

in or towards payment of any sum that is due from that State to the

Federation in respect of any loan made by the Federation to that

State.

(2) The right of set-off conferred by subsection (1) of this section

shall be without prejudice to any other right of the Federation to

obtain payment of any sum due to the Federation in respect of any

loan.

167. Sums charged on Consolidated Revenue Fund

Any payment that is required by this Part of this Chapter to be

made by the Federation to a State shall be a charge upon the

Consolidated Revenue Fund of the Federation and any payment

that is so required to be made by a State to the Federation shall be

a charge upon the Consolidated Revenue Fund of that State.

168. Provisions with regard to payments

(1) Where any payment falls to be made under this Part of this

Chapter, the amount payable shall be certified by the Auditor-

General for the Federation:

Provided that a provisional payment may be made before the

Auditor-General has given his certificate.

(2) The National Assembly may prescribe the time at and manner in

which any payment falling to be made under this Part of this Chapter

shall be effected and provide for the making of adjustments and

provisional payment.

D - The public service of the Federation

169. Establishment of civil service of the Federation

There shall be a civil service of the Federation.

119

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations170. Federal Civil Service Commission: power to delegate

functions

Subject to the provisions of this Constitution, the Federal Civil

Service Commission may, with the approval of the President and

subject to such conditions as it may deem fit, delegate any of the

powers conferred upon it by this Constitution to any of its members

or to any officer in the civil service of the Federation.

171. Presidential appointments

(1) Power to appoint persons to hold or act in the offices to which

this section applies and to remove persons so appointed from any

such office shall vest in the President.

(2) The offices to which this section applies are, namely –

(a) Secretary to the Government of the Federation;

(b) Head of the Civil Service of the Federation;

Representative of Nigeria abroad;

(d) Permanent Secretary in any Ministry or Head of any Extra-

Ministerial Department of the Government of the Federation

howsoever designated; and

(e) any office on the personal staff of the President.

(3) An appointment to the office of the Head of the Civil Service of

the Federation shall not be made except from among Permanent

Secretaries or equivalent rank in the civil service of the Federation

or of a State.

(4) An appointment to the office of Ambassador, High Commissioner

or other Principal Representative of Nigeria abroad shall not have

effect unless the appointment is confirmed by the Senate.

(5) In exercising his powers of appointment under this section, the

President shall have regard to the federal character of Nigeria and

the need to promote national unity.

120

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(6) Any appointment made pursuant to paragraphs (a) and (e) of

subsection (2) of this section shall be at the pleasure of the President

and shall cease when the President ceases to hold office:

Provided that where a person has been appointed from a public

service of the Federation or a State, he shall be entitled to return

to the public service of the Federation or of the State when the

President ceases to hold office.

172. Code of Conduct

A person in the public service of the Federation shall observe and

conform to the Code of Conduct.

173. Protection of pension rights

(1) Subject to the provisions of this Constitution, the right of a

person in the public service of the Federation to receive pension or

gratuity shall be regulated by law.

(2) Any benefit to which a person is entitled in accordance with or

under such law as is referred to in subsection (1) of this section, shall

not be withheld or altered to his disadvantage except to such extent

as is permissible under any law, including the Code of Conduct.

(3) Pensions shall be reviewed every five years or together with any

Federal civil service salary reviews, whichever is earlier.

(4) Pensions in respect of service in the public service of the

Federation shall not be taxed.

174. Public prosecutions

(1) The Attorney-General of the Federation shall have power -

(a) to institute and undertake criminal proceedings against any

person before any court of law in Nigeria, other than a court-

martial, in respect of any offence created by or under any Act of

the National Assembly;

(b) to take over and continue any such criminal proceedings that

may have been instituted by any other authority or person; and

121

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(c) to discontinue at any stage before judgment is delivered any

such criminal proceedings instituted or undertaken by him or

any other authority or person.

(2) The powers conferred upon the Attorney-General of the

Federation under subsection (1) of this section may be exercised

by him in person or through officers of his department.

(3) In exercising his powers under this section, the Attorney-General

of the Federation shall have regard to the public interest, the

interest of justice and the need to prevent abuse of legal process.

175. Prerogative of mercy

(1) The President may -

(a) grant any person concerned with or convicted of any offence

created by an Act of the National Assembly a pardon, either free

or subject to lawful conditions;

(b) grant to any person a respite, either for an indefinite or for a

specified period, of the execution of any punishment imposed

on that person for such an offence;

imposed on that person for such an offence; or

(d) remit the whole or any part of any punishment imposed on

that person for such an offence or of any penalty or forfeiture

otherwise due to the State on account of such an offence.

(2) The powers of the President under subsection (1) of this section

shall be exercised by him after consultation with the Council of

State.

(3) The President, acting in accordance with the advice of the

Council of State, may exercise his powers under subsection (1) of

this section in relation to persons concerned with offences against

the army, naval or air-force law or convicted or sentenced by a

court-martial.

122

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART II

State Executive

A - The Governor of a State

176. Establishment of the office of Governor

(1) There shall be for each State of the Federation a Governor.

(2) The Governor of a State shall be the Chief Executive of that

State.

177. Qualification for election as Governor

A person shall be qualified for election to the office of Governor of

a State if-

(a) he is a citizen of Nigeria by birth;

(b) he has attained the age of thirty-five years;

political party; and

(d) he has been educated up to at least School Certificate level

or its equivalent.

178. Election of Governor: general

(1) An election to the office of Governor of a State shall be held

on a date to be appointed by the Independent National Electoral

Commission in accordance with the Electoral Act.

(2) An election to the office of Governor of a State shall be held

on a date not earlier than one hundred and fifty days and not later

than thirty days before the expiration of the term of office of the last

holder of that office.

(3) Where, in an election to the office of Governor of a State,

one of the two or more candidates nominated for the election

is the only candidate after the close of nomination, by reason of

the disqualification, withdrawal, incapacitation, disappearance or [Section 178 (1) and

(2) are altered by

Constitution of the

Federal Republic of

Nigeria, 1999 (First

Alteration Act) 2010];

[Section 178 (2) is

altered by Constitution

of the Federal Republic

of Nigeria, 1999 (Second

Alteration Act) 2010]

123

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsdeath of the other candidates, the Independent National Electoral

Commission shall extend the time for nomination.

(4) For the purpose of an election under this section a State shall be

regarded as one constituency.

(5) Every person who is registered to vote at an election of a member

of a legislative house shall be entitled to vote at an election to the

office of Governor of a State.

179. Election: single candidate and two or more candidates

(1) A candidate for an election to the office of Governor of a State

shall be deemed to have been duly elected to such office where,

being the only candidate nominated for the election-

(a) he has a majority of YES votes over NO votes cast at the

election; and

(b) he has not less than one-quarter of the votes cast at the

election in each of at least two-thirds of all the local government

areas in the State, but where the only candidate fails to be

elected in accordance with this section, then there shall be fresh

nominations.

(2) A candidate for an election to the office of Governor of a State

shall be deemed to have been duly elected where, there being two

or more candidates -

(a) he has the highest number of votes cast at the election; and

(b) he has not less than one-quarter of all the votes cast in each

of at least two-thirds of all the local government areas in the

State.

(3) In default of a candidate duly elected in accordance with

subsection (2) of this section, there shall be a second election in

accordance with subsection (4) of this section at which the only

candidates shall be -

(a) the candidate who secured the highest number of votes cast

at the election; and

124

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) one among the remaining candidates who secured a majority

of votes in the highest number of local government areas in the

State, so however that where there are more than one candidate

with a majority of votes in the highest number of local government

areas, the candidate among them with the next highest total of

votes cast at the election shall be the second candidate.

(4) In default of a candidate duly elected under subsection (2) of

this section, the Independent National Electoral Commission shall

within twenty-one days of the result of the election held under that

subsection, arrange for an election between the two candidates

and a candidate at such election shall be deemed to have been

duly elected to the office of Governor of a State if -

(a) he has a majority of the votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the

election in each of at least two-thirds of all the local government

areas in the State.

(5) In default of a candidate duly elected under subsection (4) of

this section, the Independent National Electoral Commission shall

within twenty-one days of the result of the election held under

that subsection, arrange for another election between the two

candidates to which that sub-paragraph relates and a candidate

at such election shall be deemed to have been duly elected to the

office of Governor of a State if he has a majority of the votes cast

at the election.

180. Tenure of office of Governor

(1) Subject to the provisions of this Constitution, a person shall hold

the office of Governor of a State until -

(a) when his successor in office takes the oath of that office; or

(b) he dies whilst holding such office; or

(5) are altered by

Constitution of the

Federal Republic of

Nigeria, 1999 (Fourth

Alteration No.9) Act

2017]

125

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(d) he otherwise ceases to hold office in accordance with the

provisions of this Constitution.

(2) Subject to the provisions of subsection (1) of this section, the

Governor shall vacate his office at the expiration of a period of four

years commencing from the date when -

(a) in the case of a person first elected as Governor under this

Constitution, he took the Oath of Allegiance and oath of office;

and

(b) the person last elected to that office took the Oath of

Allegiance and oath of office or would, but for his death, have

taken such oaths.

(2A) In the determination of the four year term, where a re-run

election has taken place and the person earlier sworn in wins the

re-run election, the time spent in office before the date the election

was annulled shall be taken into account.

(3) If the Federation is at war in which the territory of Nigeria is

physically involved and the President considers that it is not

practicable to hold elections, the National Assembly may by

resolution extend the period of four years mentioned in subsection

(2) of this section from time to time, but no such extension shall

exceed a period of six months at any one time.

181. Death, etc., of Governor-elect before oath of office

(1) If a person duly elected as Governor dies before taking and

subscribing the Oath of Allegiance and oath of office, or is unable

for any reason whatsoever to be sworn in, the person elected with

him as Deputy Governor shall be sworn in as Governor and he shall

nominate a new Deputy Governor who shall be appointed by the

Governor with the approval of a simple majority of the House of

Assembly of the State.

(2) Where the persons duly elected as Governor and Deputy

Governor of a State die or are for any reason unable to assume [Section 180(2A) is

inserted by Constitution

of the Federal Republic

of Nigeria, 1999 (First

Alteration Act) 2010]

126

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsoffice before the inauguration of the House of Assembly, the

Independent National Electoral Commission shall immediately

conduct an election for a Governor and Deputy Governor of the

State.

182. Disqualifications

(1) No person shall be qualified for election to the office of Governor

of a State if -

(a) subject to the provisions of section 28 of this Constitution, he

has voluntarily acquired the citizenship of a country other than

Nigeria or, except in such cases as may be prescribed by the

National Assembly, he has made a declaration of allegiance to

such other country; or

(b) he has been elected to such office at any two previous

elections; or

lunatic or otherwise declared to be of unsound mind; or

(d) he is under a sentence of death imposed by any competent

court of law or tribunal in Nigeria or a sentence of imprisonment

for any offence involving dishonesty or fraud (by whatever name

called) or any other offence imposed on him by any court or

tribunal or substituted by a competent authority for any other

sentence imposed on him by such a court or tribunal; or

(e) within a period of less than ten years before the date of election

to the office of Governor of a State he has been convicted and

sentenced for an offence involving dishonesty or he has been

found guilty of the contravention of the code of Conduct; or

(f) he is an undischarged bankrupt, having been adjudged or

otherwise declared bankrupt under any law in force in Nigeria;

(g) being a person employed in the public service of the

Federation or of any State, he has not resigned, withdrawn or

retired from the employment at least thirty days to the date of

the election; or

127

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(h) he is a member of any secret society; or

(i) he has been indicted for embezzlement or fraud by a Judicial

Commission of Inquiry or an Administrative Panel of Inquiry or a

tribunal set up under the Tribunals of Inquiry Act, a Tribunals of

Inquiry Law or any other law by the Federal or State Government

which indictment has been accepted by the Federal or State

Government, respectively; or

[Cap T.21]

(j) he has presented a forged certificate to the Independent

National Electoral Commission.

(2) Where in respect of any person who has been

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(d) adjudged or declared bankrupt,

an appeal against the decision is pending in any court of law in

accordance with any law in force in Nigeria, subsection (1) of this

section shall not apply during a period beginning from the date

when such appeal is lodged and ending on the date when the

appeal is finally determined or, as the case may be, the appeal

lapses or is abandoned, whichever is earlier.

(3) A person who was sworn-in as Governor to complete the term

for which another person was elected as Governor shall not be

elected to such office for more than a single term.

183. Governor: disqualification from other jobs

The Governor shall not, during the period when he holds office,

hold any other executive office or paid employment in any capacity

whatsoever. [Section 182(1)(i) is

deleted by Constitution

of the Federal Republic

of Nigeria, 1999 (First

Alteration Act) 2010]

[Section 182(3)

is inserted by

Constitution of the

Federal Republic of

Nigeria, 1999 (Fourth

Alteration No.16) Act

2017]

128

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations184. Determination of certain questions relating to elections

The National Assembly shall make provisions in respect of -

(a) persons who may apply to an election tribunal for the

determination of any question as to whether-

(i) any person has been validly elected to the office of Governor

or Deputy Governor,

(ii) the term of office of a Governor or Deputy Governor has

ceased, or

(iii) the office of Deputy Governor has become vacant;

(b) circumstances and manner in which, and the conditions upon

which such application may be made; and

relation to any such application.

185. Declaration of assets and liabilities: oaths of office of

Governor

(1) A person elected to the office of the Governor of a State shall

not begin to perform the functions of that until he has declared

his assets and liabilities as prescribed in the Constitution and has

subsequently taken and subscribed the Oath of Allegiance and oath

of office prescribed in the Seventh Schedule to this Constitution.

[Seventh Schedule]

(2) The Oath of Allegiance and the oath of office shall be

administered by the Chief Judge of the State or Grand Kadi of

the Sharia Court of Appeal of the State, if any or President of the

Customary Court of Appeal of the State, if any, or the person for the

time being respectively appointed to exercise the functions of any

of those offices in any State.

186. Establishment of the office of the Deputy Governor

There shall be for each State of the Federation a Deputy Governor.

187. Nomination and election of the Deputy Governor

(1) In any election to which the foregoing provisions of this Part

of this Chapter relate, a candidate for the office of Governor of a

129

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsState shall not be deemed to have been validly nominated for such

office unless he nominates another candidate as his associate for

his running for the office of Governor, who is to occupy the office

of Deputy Governor; and that candidate shall be deemed to have

been duly elected to the office of Deputy Governor if the candidate

who nominated him is duly elected as Governor in accordance with

the said provisions.

(2) The provisions of this Part of this Chapter relating to qualification

for election, tenure of office, disqualifications, declaration of assets

and liabilities and Oath of Governor shall apply in relation to

the office of Deputy Governor as if references to Governor were

references to Deputy Governor.

188. Removal of Governor or Deputy Governor from office

(1) The Governor or Deputy Governor of a State may be removed

from office in accordance with the provisions of this section.

(2) Whenever a notice of any allegation in writing signed by not less

than one-third of the members of the House of Assembly-

(a) is presented to the Speaker of the House of Assembly of the

State;

(b) stating that the holder of such office is guilty of gross

misconduct in the performance of the functions of his office,

detailed particulars of which shall be specified,

the Speaker of the House of Assembly shall, within seven days of

the receipt of the notice, cause a copy of the notice to be served

on the holder of the office and on each member of the House of

Assembly, and shall also cause any statement made in reply to the

allegation by the holder of the office, to be served on each member

of the House of Assembly.

(3) Within fourteen days of the presentation of the notice to the

Speaker of the House of Assembly (whether or not any statement

was made by the holder of the office in reply to the allegation

contained in the notice), the House of Assembly shall resolve by

motion, without any debate, whether or not the allegation shall be

investigated.

130

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(4) A motion of the House of Assembly that the allegation be

investigated shall not be declared as having been passed unless it

is supported by the votes of not less than two-thirds majority of all

the members of the House of Assembly.

(5) Within seven days of the passing of a motion under the foregoing

provisions of this section, the Chief judge of the State shall at the

request of the Speaker of the House of Assembly, appoint a panel

of seven persons who in his opinion are of unquestionable integrity,

not being members of any public service, legislative house or

political party, to investigate the allegation as provided in this

section.

(6) The holder of an office whose conduct is being investigated

under this section shall have the right to defend himself in person

or be represented before the panel by a legal practitioner of his

own choice.

(7) A panel appointed under this section shall –

(a) have such powers and exercise its functions in accordance

with such procedure as may be prescribed by the House of

Assembly; and

(b) within three months of its appointment, report its findings to

the House of Assembly.

(8) Where the panel reports to the House of Assembly that the

allegation has not been proved, no further proceedings shall be

taken in respect of the matter.

(9) Where the report of the panel is that the allegation against the

holder of the office has been proved, then within fourteen days of

the receipt of the report, the House of Assembly shall consider the

report, and if by a resolution of the House of Assembly, supported

by not less than two-thirds majority of all its members, the report

of the panel is adopted, then the holder of the office shall stand

removed from office as from the date of the adoption of the report.

131

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(10) No proceedings or determination of the panel or of the

House of Assembly or any matter relating to such proceedings or

determination shall be entertained or questioned in any court.

(11) In this section -

“gross misconduct ” means a grave violation or breach of the

provisions of this Constitution or a misconduct of such nature

as amounts in the opinion in the House of Assembly to gross

misconduct.

189. Permanent incapacity of Governor or Deputy Governor

(1) The Governor or Deputy Governor of a State shall cease to hold

office if-

(a) by a resolution passed by two-thirds majority of all members

of the executive council of the State, it is declared that the

Governor or Deputy Governor is incapable of discharging the

functions of his office; and

(b) the declaration in paragraph (a) of this subsection is verified,

after such medical examination as may be necessary, by a

medical panel established under subsection (4) of this section in

its report to the Speaker of the House of Assembly.

(2) Where the medical panel certifies in its report that in its opinion

the Governor or Deputy Governor is suffering from such infirmity of

body or mind as renders him permanently incapable of discharging

the functions of his office, a notice thereof signed by the Speaker

of the House of Assembly shall be published in the Official Gazette

of the Government of the State.

(3) The Governor or Deputy Governor shall cease to hold office

as from the date of publication of the notice of the medical report

pursuant to subsection (2) of this section.

(4) The medical panel to which this section relates shall be appointed

by the Speaker of the House of Assembly of the State, and shall

comprise five medical practitioners in Nigeria –

(a) one of whom shall be the personal physician of the holder of

the office concerned; and

132

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) four other medical practitioners who have, in the opinion of

the Speaker of the House of Assembly, attained a high degree

of eminence in the field of medicine relative to the nature of the

examination to be conducted in accordance with the foregoing

provisions of this section.

(5) In this section, the reference to “ executive council of the State ”

is a reference to the body of Commissioners of the Government

of the State, howsoever called, established by the Governor and

charged with such responsibilities for the functions of Government

as the Governor may direct.

190. Acting Governor during temporary absence of Governor

(1) Whenever the Governor is proceeding on vacation or is otherwise

unable to discharge the functions of his Office, he shall transmit a

written declaration to the Speaker of the House of Assembly to

that effect, and until he transmits to the Speaker of the House of

Assembly a written declaration to the contrary, the Deputy Governor

shall perform the functions of the Governor as Acting Governor.

(2) In the event that the Governor is unable or fails to transmit

the written declaration mentioned in subsection (1) of this section

within 21 days, the House of Assembly shall, by a resolution made

by a simple majority of the vote of the House, mandate the Deputy

Governor to perform the functions of the office of the Governor as

Acting Governor until the Governor transmits a letter to the Speaker

that he is now available to resume his functions as Governor.

191. Discharge of functions of Governor

(1) The Deputy Governor of a State shall hold the office of Governor

of the State if the office of Governor becomes vacant by reason of

death, resignation, impeachment, permanent incapacity or removal

of the Governor from office for any other reason in accordance with

Article 188

or 189 of this Constitution.

(2) Where any vacancy occurs in the circumstances mentioned in

subsection (1) of this section during a period when the office of

Deputy Governor of the State is also vacant, the Speaker of the

House of Assembly of the State shall hold the office of Governor of [Section 190 is

substituted by

Constitution of the

Federal Republic of

Nigeria, 1999 (First

Alteration Act) 2010]

133

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsthe State for a period of not more than three months, during which

there shall be an election of a new Governor of the State who shall

hold office for the unexpired term of office of the last holder of the

office.

(3) Where the office of the Deputy Governor becomes vacant –

(a) by reason of death, resignation, impeachment, permanent

incapacity or removal in accordance with section 188 or 189 of

this Constitution;

(b) by his assumption of the office of Governor of a State in

accordance with subsection (1) of this section; or

the approval of the House of Assembly of the State, appoint a

new Deputy Governor.

192. Commissioners of State Government

(1) There shall be such offices of Commissioners of the Government

of a State as may be established by the Governor of the State.

(2) Any appointment to the office of Commissioner of the

Government of a State shall, if the nomination of any person to such

office is confirmed by the House of Assembly of the State, be made

by the Governor of that State and in making any such appointment

the Governor shall conform with the provisions of section 14(4) of

this Constitution.

Provided that no Commissioner nominee shall be confirmed by the

House of Assembly of the State unless evidence of declaration of

assets and liabilities of the nominee as prescribed in this Constitution

is presented.

(3) Where a member of a House of Assembly or of the National

Assembly is appointed as Commissioner of the Government of a

State, he shall be deemed to have resigned his membership of the

House of Assembly or of the National Assembly on his taking the

oath of office as Commissioner. [Section 192 (2)

is altered by the

Constitution of the

Federal Republic of

Nigeria, 1999 Fifth

Alteration) (No. 23)

Act, 2023]

134

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(4) No person shall be appointed as a Commissioner of the

Government of a State unless he is qualified for election as a

member of the House of Assembly of the State.

(5) An appointment to the office of Commissioner under this section

shall be deemed to have been made where no return has been

received from the House of Assembly within twenty-one working

days of the receipt of nomination by the House of Assembly.

(6) Notwithstanding the provision of subsection (2) of this section,

the nomination of any person to the office of a Commissioner for

confirmation by the House of Assembly of a State shall be done

within sixty days after the date the Governor has taken the oath of

office:

Provided that the Governor may appoint a Commissioner at any

other time during his tenure and such appointment shall be subject

to confirmation by the House of Assembly of a State.

193. Executive responsibilities of Deputy Governor and

Commissioners

(1) The Governor of a State may, in his discretion, assign to the

Deputy Governor or any Commissioner of the Government of the

State responsibility for any business of the Government of that State,

including the administration of any department of Government.

(2) The Governor of a State shall hold regular meetings with the

Deputy Governor and all Commissioners of the Government of the

State for the purposes of –

(a) determining the general direction of the policies of the

Government of the State;

(b) co-ordinating the activities of the Governor, the Deputy

Governor and the Commissioners of the Government of the

State in the discharge of their executive responsibilities; and

executive functions, other than those functions with respect to [Subsection (6) is

inserted by the

Constitution of the

Federal Republic of

Nigeria, 1999 Fifth

Alteration) (No. 23)

Act, 2023]

135

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationswhich he is required by this Constitution to seek the advice or

act on the recommendation of any other person or body.

194. Declaration of assets and liabilities: oaths of Commissioners

A Commissioner of the Government of a State shall not enter

upon the duties of his office unless he has declared his assets and

liabilities as prescribed in this Constitution and has subsequently

taken and subscribed the Oath of Allegiance and the oath for the

due execution of the duties of his office prescribed in the Seventh

Schedule to this Constitution.

[Seventh Schedule]

195. Attorney-General of a State

(1) There shall be an Attorney-General for each State who shall be

the Chief Law Officer of the State and Commissioner for Justice of

the Government of that State.

(2) A person shall not be qualified to hold or perform the functions of

the office of the Attorney-General of a State unless he is qualified to

practise as a legal practitioner in Nigeria and has been so qualified

for not less than ten years.

196. Special Advisers

(1) The Governor of a State may appoint any person as a Special

Adviser to assist him in the performance of his functions.

(2) The number of such Advisers and their remuneration and

allowances shall be as prescribed by law or by resolution of the

House of Assembly of the State.

(3) Any appointment made pursuant to the provisions of this section

shall be at the pleasure of the Governor, and shall cease when the

Governor ceases to hold office.

(4) A person appointed as a Special Adviser under subsection (1)

of this section shall not begin to perform the functions of the office

unless he has declared his assets and liabilities as prescribed in

136

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsthis Constitution and has subsequently taken and subscribed the

Oath of Allegiance and the oath of office prescribed in the Seventh

Schedule to this Constitution.

[Seventh Schedule]

B - Establishment of certain State Executive Bodies

197. State Commissions

(1) There shall be established for each State of the Federation the

following bodies, namely -

(a) State Civil Service Commission;

(b) State Independent Electoral Commission; and

(2) The composition and powers of each body established by

subsection (1) of this section are as set out in Part II of the Third

Schedule to this Constitution.

[Part II Third Schedule]

(3) In appointing Chairmen and members of boards and governing

bodies of statutory corporations and companies in which the

Government of the State has controlling shares or interests and

councils of Universities, Colleges and other institutions of higher

learning, the Governor shall conform with the provisions of section

14(4) of this Constitution.

198. Appointment of chairman and members

Except in the case of ex-officio members or where other provisions

are made in this Constitution, the Chairman and members of any

of the bodies so established shall, subject to the provisions of this

Constitution, be appointed by the Governor of the State and the

appointment shall be subject to confirmation by a resolution of the

House of Assembly of the State.

137

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations199. Tenure of office of the members

(1) A person who is a member of any of the bodies established

as aforesaid shall, subject to the provisions of this Part, remain a

member thereof –

(a) in the case of an ex-officio member, whilst he holds the office

by virtue of which he is a member of the body;

(b) in the case of a person who is a member by virtue of his

having previously held an office, for the duration of his life; and

an ex-officio member or otherwise than by virtue of his having

previously held an office, for a period of five years from the date

of his appointment.

(2) A member of any of the bodies shall cease to be a member

if any circumstances arise that, if he were not a member of the

body, would cause him to be disqualified for appointment as such

a member.

200. Qualification for membership

(1) No person shall be qualified for appointment as a member of

any of the bodies aforesaid if –

(a) he is not qualified or if he is disqualified for election as a

member of a House of Assembly, provided that a member of any

of the said bodies shall not be required to belong to a political

party and, in the case of the State Independent Electoral

Commission, he shall not be a member of a political party;

(b) he has within the preceding ten years, been removed as a

member of any of the bodies or as the holder of any other office

on the ground of misconduct.

(2) Any person employed in the public service of a State shall not

be disqualified for appointment as Chairman or member of any

of such bodies, provided that where such a person has been

duly appointed, he shall on his appointment be deemed to have

resigned his former office as from the date of the appointment. [Section 200(1(a)

is altered by the

Constitution of

Federal Republic

of Nigeria (First

Alteration Act) 2010]

138

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) No person shall be qualified for appointment to any of the

bodies aforesaid, if, having previously been appointed as a member

otherwise than as an ex-officio member of that body, he has been

re-appointed for a further term as a member of the same body.

201. Removal of members

(1) Any person holding any of the offices to which this section

applies shall only be removed from that office by the Governor of

that State acting on an address supported by two-thirds majority of

the House of Assembly of the State praying that he be so removed

for inability to discharge the functions of the office (whether arising

from infirmity of mind or body or any other cause) or for misconduct.

(2) This section applies to the offices of the Chairmen and members

of the State Civil Service Commission, the State Independent

Electoral Commission and the State Judicial Service Commission.

202. Independence of certain bodies

In exercising its power to make appointments or to exercise

disciplinary control over persons, the State Civil Service Commission,

the State Independent Electoral Commission and the State Judicial

Service Commission shall not be subject to the direction and control

of any other authority or person.

203. Quorum and decisions

(1) The quorum for a meeting of any of the bodies established by

Article 197

of this Constitution shall not be less than one-third

of the total number of members of that body at the date of the

meeting.

(2) A member of such a body shall be entitled to one vote and a

decision of the meeting may be taken and any act or thing may

be done in the name of that body by a majority of the members

present at a meeting.

(3) Whenever such body is assembled for a meeting, the Chairman

or other person presiding shall, in all matters in which a decision is

taken by vote (by whatever name such vote may be called) have a

casting as well as a deliberative vote.

139

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(4) Subject to its rules of procedure, any such body may act or take

any decision notwithstanding any vacancy in its membership or the

absence of any member.

204. Powers and procedure

(1) Subject to subsection (2) of this section, any of the bodies may,

with the approval of the Governor, by rules or otherwise regulate its

own procedure or confer powers or impose duties on any officer or

authority for the purpose of discharging its functions.

(2) In the exercise of any powers under subsection (1) of this section,

any such body shall not confer powers or impose duties on any

officer or authority of the Federation except with the approval of

the President.

205. Interpretation

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

a State;

(b) “office ” means an office in the public service of a State;

by section 197 of this Constitution shall be construed as including

a reference to the Chairman of that body; and

(d) “misconduct ” means breach of the Oath of Allegiance or

oath of office of a member or a breach of the provisions of this

Constitution or bribery or corruption or false declaration of assets

and liabilities or conviction for treason or treasonable felony.

C - The public service of a State

206. Establishment of State civil service

There shall be for each State of the Federation a Civil Service.

140

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations207. State Civil Service Commission: power of delegation

Subject to the provisions of this Constitution, a State Civil Service

Commission may, with the approval of the Governor and subject

to such conditions as it may deem fit, delegate any of the powers

conferred upon it by this Constitution to any of its members or to

any officer in the civil service of the State.

208. Appointments by Governor

(1) Power to appoint persons to hold or act in the offices to which

this section applies and to remove persons so appointed from any

such office shall vest in the Governor of the State.

(2) The offices to which this section applies are, namely –

(a) Secretary to the Government of the State;

(b) Head of the Civil Service of the State;

or Department of the Government of the State howsoever

designated; and

(d) any office on the personal staff of the Governor.

(3) An appointment to the office of the Head of the Civil Service

of a State shall not be made except from among Permanent

Secretaries or equivalent rank in the civil service of any State or of

the Federation.

(4) In exercising his powers of appointment under this section, the

Governor shall have regard to the diversity of the people within the

state and the need to promote national unity.

(5) Any appointment made pursuant to paragraphs (a) and (d) of

subsection (2) of this section shall be at the pleasure of the Governor

and shall cease when the Governor ceases to hold office:

Provided that where a person has been appointed from a public

service of the Federation or a State, he shall be entitled to return

to the public service of the Federation or of the State when the

Governor ceases to hold office.

141

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations209. Code of Conduct

A person in the public service of a State shall observe and

conform to the Code of Conduct.

210. Protection of pension rights

(1) Subject to the provisions of subsection (2) of this section, the

right of a person in the public service of a State to receive pension

or gratuity shall be regulated by law.

(2) Any benefit to which a person is entitled in accordance with or

under such law as is referred to in subsection (1) of this section shall

not be withheld or altered to his disadvantage except to such extent

as is permissible under any law, including the Code of Conduct.

(3) Pensions shall be reviewed every five years or together with any

State Civil Service salary reviews, whichever is earlier.

(4) Pensions in respect of service in the service of a State shall not

be taxed.

211. Public prosecutions

(1) The Attorney General of a State shall have power-

(a) to institute and undertake criminal proceedings against any

person before any court of law in Nigeria other than a court-

martial in respect of any offence created by or under any law of

the House of Assembly;

(b) to take over and continue any such criminal proceedings that

may have been instituted by any other authority or person; and

such criminal proceedings instituted or undertaken by him or

any other authority or person.

(2) The powers conferred upon the Attorney-General of a State

under subsection 1 of this section may be exercised by him in

person or through officers of his department.

142

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) In exercising his powers under this section, the Attorney-General

of a State shall have regard to the public interest, the interest of

justice and the need to prevent abuse of legal process.

212. Prerogative of mercy

(1) The Governor may –

(a) grant any person concerned with or convicted of any

offence created by any Law of a State a pardon, either free or

subject to lawful conditions;

(b) grant to any person a respite, either for an indefinite or for a

specified period, of the execution of any punishment imposed

on that person for such an offence;

punishment imposed on that person for such an offence; or

(d) remit the whole or any part of any punishment imposed on

that person for such any offence or of any penalty forfeiture

otherwise due to the State on account of such an offence.

(2) The powers of the Governor under subsection (1) of this section

shall be exercised by him after consultation with such advisory

council of the State on prerogative of mercy as may be established

by Law of the State.

PART III

Supplemental

A - National Population Census

213. National population census

(1) Any report of the National Population Commission containing

the population census after every census shall be delivered to the

President by the Chairman of the Commission.

(2) The President shall within a period of thirty days after receipt

of the report lay copies of the report before the Council of State,

143

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationswhich shall consider the report and advise the President whether to

accept it or reject it.

(3) Where the Council of State advises the President to accept the

report, the President shall accept the same and shall then lay the

report on the table of each House of the National Assembly.

(4) Where the President accepts such report and has laid it on the

table of each House of the National Assembly he shall publish it in

the official Gazette of the Government of the Federation for public

information.

(5) Where the Council of State advises the President to reject the

report upon the ground-

(a) that the population census contained in the report is

inaccurate; or

(b) that the report is perverse,

the President shall reject the report accordingly and no reliance

shall be placed upon any such report by any authority or person or

for any purpose whatsoever.

B - Nigeria Police Force

214. Establishment of Nigeria Police Force

(1) There shall be a police force for Nigeria, which shall be known

as the Nigeria Police Force, and subject to the provisions of this

section no other police force shall be established for the Federation

or any part thereof.

(2) Subject to the provisions of this Constitution –

(a) the Nigeria Police Force shall be organised and administered

in accordance with such provisions as may be prescribed by an

Act of the National Assembly;

(b) the members of the Nigeria Police Force shall have such

powers and duties as maybe conferred upon them by law;

144

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(c) the National Assembly may make provisions for branches of

the Nigeria Police Force forming part of the armed forces of the

Federation or for the protection of harbours, waterways, railways

and air fields.

215. Appointment of Inspector-General and control of Nigeria

Police Force

(1) There shall be –

(a) an Inspector-General of Police who, subject to section 216(2)

of this Constitution shall be appointed by the President on

the advice of the Nigeria Police Council from among serving

members of the Nigeria Police Force;

(b) a Commissioner of Police for each State of the Federation

who shall be appointed by the Police Service Commission.

(2) The Nigeria Police Force shall be under the command of

the Inspector-General of Police and contingents of the Nigeria

Police Force stationed in a State shall, subject to the authority of

the Inspector-General of Police, be under the command of the

Commissioner of Police of that State.

(3) The President or such other Minister of the Government of

the Federation as he may authorise in that behalf may give to the

Inspector-General of Police such lawful directions with respect to

the maintenance and securing of public safety and public order

as he may consider necessary, and the Inspector-General of Police

shall comply with those direction or cause them to be compiled

with.

(4) Subject to the provisions of this section, the Governor of a State

or such Commissioner of the Government of the State as he may

authorise in that behalf, may give to the Commissioner of Police of

that State such lawful directions with respect to the maintenance

and securing of public safety and public order within the State as

he may consider necessary, and the Commissioner of Police shall

comply with those directions or cause them to be complied with:

145

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsProvided that before carrying out any such directions under the

foregoing provisions of this subsection the Commissioner of Police

may request that the matter be referred to the President or such

Minister of the Government of the Federation as may be authorised

in that behalf by the President for his directions.

(5) The question whether any, and if so what, directions have been

given under this section shall not be inquired into in any court.

216. Delegation of powers to the Inspector-General of Police

(1) Subject to the provisions of this Constitution, the Nigeria Police

Council may, with the approval of the President and subject to such

conditions as it may think fit, delegate any of the powers conferred

upon it by this Constitution to any of its members or to the Inspector-

General of Police or any other member of the Nigeria Police Force.

(2) Before making any appointment to the office of the Inspector-

General of Police or removing him from office, the President shall

consult the Nigeria Police Council.

C - Armed Forces of the Federation

217. Establishment and composition of the Armed Forces of

the Federation

(1) There shall be an armed forces for the Federation which shall

consist of an Army, a Navy, an Air Force and such other branches of

the armed forces of the Federation as may be established by an Act

of the National Assembly.

(2) The Federation shall, subject to an Act of the National Assembly

made in that behalf, equip and maintain the armed forces as may

be considered adequate and effective for the purpose of –

(a) defending Nigeria from external aggression;

(b) maintaining its territorial integrity and securing its borders

from violation on land, sea, or air;

to restore order when called upon to do so by the President,

146

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsbut subject to such conditions as may be prescribed by an Act

of the National Assembly; and

(d) performance such other functions as may be prescribed by

an Act of the National Assembly.

(3) The composition of the officer corps and other ranks of the

armed forces of the Federation shall reflect the federal character

of Nigeria.

218. Command and operational use

(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.

(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 National

Assembly.

(3) The President may, by directions in writing and subject to such

conditions as he may think fit, delegate to any member of the armed

forces of the Federation his powers relating to the operational use

of the armed forces of the Federation.

(4) The National Assembly 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.

219. Establishment of body to ensure federal character of

Armed Forces

The National Assembly shall –

(a) in giving effect to the functions specified in section 217 of this

Constitution; and

147

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) with respect to the powers exercisable by the President under

Article 218

of this Constitution,

by an Act, establish a body which shall comprise such members

as the National Assembly may determine, and which shall have

power to ensure that the composition of the armed forces of the

Federation shall reflect the federal character of Nigeria in the

manner prescribed in the section 217 of this Constitution.

220. Compulsory military service

(1) The Federation shall establish and maintain adequate facilities

for carrying into effect any Act of the National Assembly providing

for compulsory military training or military service for citizens of

Nigeria.

(2) Until an Act of the National Assembly is made in that behalf

the President may maintain adequate facilities in any secondary or

post-secondary educational institution in Nigeria for giving military

training in any such institution which desires to have the training.

D - Political Parties

221. Prohibition of political activities by certain associations

No association, other than a political party, shall canvass for votes

for any candidate at any election or contribute to the funds of any

political party or to the election expenses of any candidate at an

election.

222. Restriction on formation of political parties

No association by whatever name called shall function as a party,

unless -

(a) the names and addresses of its national officers are registered

with the Independent National Electoral Commission;

(b) the membership of the association is open to every citizen of

Nigeria irrespective of his place of origin, circumstance of birth,

sex, religion or ethnic grouping;

148

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(c) a copy of its constitution is registered in the principal office

of the Independent National Electoral Commission in such form

as may be prescribed by the Independent National Electoral

Commission;

(d) any alteration in its registered constitution is also registered

in the principal office of the Independent National Electoral

Commission within thirty days of the making of such alteration;

(e) the name of the association, its symbol or logo does not contain

any ethnic or religious connotation or give the appearance that

the activities of the association are confined to a part only of the

geographical area of Nigeria; and

(f) the headquarters of the association is situated in the Federal

Capital Territory, Abuja.

223. Constitution and rules of political parties

(1) The constitution and rules of a political party shall-

(a) provide for the periodical election on a democratic basis of

the principal officers and members of the executive committee

or other governing body of the political party; and

(b) ensure that the members of the executive committee or

other governing body of the political party reflect the federal

character of Nigeria.

(2) For the purposes of this section -

(a) the election of the officers or members of the executive

committee of a political party shall be deemed to be periodical

only if it is made at regular intervals not exceeding four years;

and

(b) the members of the executive committee or other governing

body of the political party shall be deemed to reflect the federal

character of Nigeria only if the members thereof belong to

different States not being less in number than two-thirds of all

the States of the Federation and the Federal Capital Territory,

Abuja.

149

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations224. Aims and objects

The programme as well as the aims and objects of a political party

shall conform with the provisions of Chapter II of this Constitution.

225. Finances of political parties

(1) Every political party shall, at such times and in such manner

as the Independent National Electoral Commission may require,

submit to the Independent National Electoral Commission and

publish a statement of its assets and liabilities.

(2) Every political party shall submit to the Independent National

Electoral Commission a detailed annual statement and analysis of its

sources of funds and other assets together with a similar statement

of its expenditure in such form as the Commission may require.

(3) No political party shall -

(a) hold or possess any funds or other assets outside Nigeria; or

(b) be entitled to retain any funds or assets remitted or sent to it

from outside Nigeria.

(4) Any funds or other assets remitted or sent to a political party from

outside Nigeria shall be paid over or transferred to the Commission

within twenty-one days of its receipt with such information as the

Commission may require.

(5) The Commission shall have power to give directions to political

parties regarding the books or records of financial transactions

which they shall keep and, to examine all such books and records.

(6) The powers conferred on the Commission under subsection (4)

of this section may be exercised by it through any member of its

staff or any person who is an auditor by profession, and who is not

a member of a political party.

225A. De-registration of political party

The Independent National Electoral Commission shall have power

to de-register a political party for-

(a) breach of any of the requirements for registration; [Section 225A

is inserted by

Constitution of the

Federal Republic of

Nigeria, 1999 (Fourth

Alteration No.9) Act

2017]

150

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) failure to win at least twenty-five percent of votes cast in-

(i) one State of the Federation in a Presidential election, or

(ii) one Local Government of the State in a Governorship

election.

(i) one ward in the Chairmanship election,

(ii) one seat in the National or State House of Assembly

election, or

(iii) one seat in the Councillorship election.

226. Annual report on finances

(1) The Independent National Electoral Commission shall in every

year prepare and submit to the National Assembly a report on the

accounts and balance sheet of every political party.

(2) It shall be the duty of the Commission, in preparing its report

under this section, to carry out such investigations as will enable

it to form an opinion as to whether proper books of accounts and

proper records have been kept by any political party, and if the

Commission is of the opinion that proper books of accounts have

not been kept by a political party, the Commission shall so report.

(3) Every member of the Commission or its duly authorised agent

shall -

(a) have a right of access at all times to the books and accounts

and vouchers of all political parties; and

(b) be entitled to require from the officers of the political parties

such information and explanation as he thinks necessary for the

performance of his duties under this Constitution, and if the

member of the Commission or such agent fails or is unable to

obtain all the information and explanation which to the best of

his knowledge and belief are necessary for the purposes of the

investigation, the Commission shall state that fact in its report.

227. Prohibition of quasi-military organisation

No person or association shall retain, organise, train or equip any

person or group of persons for the purpose of enabling them to

151

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsbe employed for the use or display of physical force or coercion

in promoting any political objective or interest or in such manner

as to arouse reasonable apprehension that they are organised and

trained or equipped for that purpose.

228. Powers of the National Assembly with respect to political

parties

The National Assembly may by law provide -

(a) guidelines and rules to ensure internal democracy within

political parties, including making laws for the conduct of party

primaries, party congresses and party conventions; and

(b) the conferment on the Independent National Electoral

Commission of powers as may appear to the National Assembly

to be necessary or desirable for the purpose of enabling the

Commission more effectively to ensure that political parties

observe the practices of internal democracy, including the fair

and transparent conduct of party primaries, party congresses

and party conventions;

Commission for disbursement to political parties on a fair and

equitable basis to assist them in the discharge of their functions;

and

(d) for the conferment on the Commission of other powers as may

appear to the National Assembly to be necessary or desirable

for the purpose of enabling the Commission more effectively to

ensure that political parties observe the provisions of this Part of

this Chapter.

229. Interpretation

In this Part of this chapter, unless the context otherwise requires -

“association ” means any body of persons corporate or

unincorporate who agree to act together for any common purpose,

and includes an association formed for any ethnic, social, cultural,

occupational or religious purpose; and [Section 228(a) and

(b) are substituted

by the Constitution

of Federal Republic

of Nigeria (First

Alteration Act) 2010]

[The definition of

association in Section

229 is deleted by

the Constitution of

Federal Republic

of Nigeria (First

Alteration Act) 2010]

152

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations“political party ” includes any association whose activities include

canvassing for votes in support of a candidate for election to the

office of President, Vice-President, Governor, Deputy Governor or

membership of a legislative house or of a local government council.

CHAPTER VII

The Judicature

PART I

Federal Courts

A - The Supreme Court of Nigeria

230. Establishment of the Supreme Court of Nigeria

(1) There shall be a Supreme Court of Nigeria.

(2) The Supreme Court of Nigeria shall consist of –

(a) the Chief Justice of Nigeria; and

(b) such number of Justices of the Supreme Court, not

exceeding twenty-one, as may be prescribed by an Act of the

National Assembly.

231. Appointment of Chief Justice of Nigeria and Justices of

the Supreme Court

(1) The appointment of a person to the office of Chief Justice of

Nigeria shall be made by the President on the recommendation

of the National Judicial Council, subject to confirmation of such

appointment by the Senate.

(2) The appointment of a person to the office of a Justice of

the Supreme Court shall be made by the President on the

recommendation of the National Judicial Council, subject to

confirmation of such appointment by the Senate.

(3) A person shall not be qualified to hold the office of Chief Justice

of Nigeria or a Justice of the Supreme Court, unless he is qualified to

153

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationspractise as a legal practitioner in Nigeria and has been so qualified

for a period of not less than fifteen years.

(4) If the office of 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, the President shall appoint

the most senior Justice of the Supreme Court 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 lapsed.

232. Original jurisdiction

(1) The Supreme Court shall, to the exclusion of any other court, have

original jurisdiction in any dispute between the Federation and a

State or between States 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 the National

Assembly:

Provided that no original jurisdiction shall be conferred upon the

Supreme Court with respect to any criminal matter.

233. Appellate Jurisdiction

(1) The Supreme Court shall have jurisdiction, to the exclusion of

any other court of law in Nigeria, to hear and determine appeals

from the Court of Appeal.

(2) An appeal shall lie from the decisions of the Court of Appeal to

the Supreme Court as of right in the following cases - [Section 233 is

substituted by

Constitution of

Federal Republic

of Nigeria (Second

Alteration Act)

2010]

154

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) where the ground of appeal involves questions of law alone,

decisions in any civil or criminal proceedings before the Court

of Appeal;

(b) decisions in any civil or criminal proceedings on questions as

to the interpretation or application of this Constitution,

to whether any of the provisions of Chapter IV of this Constitution

has been, is being or is likely to be, contravened in relation to

any person;

(d) decisions in any criminal proceedings in which any person has

been sentenced to death by the Court of Appeal or in which the

Court of Appeal has affirmed a sentence of death imposed by

any other court;

(e) decisions on any question -

(i) whether any person has been validly elected to the office of

President or Vice-President under this Constitution,

(ii) whether the term of office of President or Vice-President

has ceased,

(iii) whether the office of President or Vice-President has

become vacant,

(iv) whether any person has been validly elected to the office

of Governor or Deputy Governor under this Constitution,

(v) whether the term of office of Governor or Deputy Governor

has ceased,

(vi) whether the term of office of Governor or Deputy Governor

has become vacant; and

(f) such other cases as may be prescribed by an Act of the

National Assembly.

234. Constitution

For the purpose of exercising any jurisdiction conferred upon it

by this Constitution or any law, the Supreme Court shall be duly

constituted if it consists of not less than five Justices of the Supreme

Court:

155

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsProvided that where the Supreme Court is sitting to consider an

appeal brought under section 233(2)(b) or (c) of this Constitution, or

to exercise its original jurisdiction in accordance with section 232 of

this Constitution, the Court shall be constituted by seven Justices.

235. Finality of determinations

Without prejudice to the powers of the President or of the Governor

of a State with respect to prerogative of mercy, no appeal shall lie to

any other body or person from any determination of the Supreme

Court.

236. Practice and procedure

Subject to the provisions of any Act of the National Assembly, the

Chief Justice of Nigeria may make rules for regulating the practice

and procedure of the Supreme Court.

B - The Court of Appeal

237. Establishment of Court of Appeal

(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 of which not less than three shall be learned in

Islamic personal law, and not less than three shall be learned in

Customary law, as may be prescribed by an Act of the National

Assembly.

238. Appointment of President and Justices of the Court of

Appeal

(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, subject to confirmation of such

appointment by the Senate.

(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.

156

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) A person shall not be qualified to hold the office of a Justice

of the Court of Appeal unless he is qualified to practise as a legal

practitioner in Nigeria and has been so qualified for a 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 Justice of 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 lapsed.

239. Original jurisdiction

(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) any person has been validity elected to the office of President

or Vice-President under this Constitution; or

(b) the term of office of the President or Vice-President has

ceased; or

(2) In the hearing and determination of an election 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.[Section 239 is

substituted by

Constitution of

Federal Republic

of Nigeria (Second

Alteration Act) 2010]

157

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations240. Appellate jurisdiction

Subject to the provisions of this Constitution, the Court of Appeal

shall have jurisdiction, to the exclusion of any other court of law in

Nigeria, to hear and determine appeals from the Federal High Court,

National Industrial Court , the High Court of the Federal Capital

Territory, Abuja, High Court of a State, Sharia Court of Appeal of

the Federal Capital Territory, Abuja, Sharia Court of Appeal of a

State, Customary Court of Appeal of the Federal Capital Territory,

Abuja, Customary Court of Appeal of a State and from decisions of

a court-martial or other tribunals as may be prescribed by an Act of

the National Assembly.

241. Appeals as of right from the Federal High Court or a

High Court

(1) An appeal shall lie from decisions of the Federal High Court or a

High Court to the Court of Appeal as of right in the following cases

(a) final decisions in any civil or criminal proceedings before the

Federal High Court or 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;

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 IV 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 Federal

High Court or a High Court has imposed a sentence of death;

(f) decisions made or given by the Federal High Court or a 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,[Section 240

is altered by

Constitution of

Federal Republic

of Nigeria (Third

Alteration Act)

2010]

158

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(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 admiralty 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 Federal High Court or any 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 party who, having had time and opportunity to

appeal from the decree nisi on which the order was founded, has

not appealed from that decree nisi; and

or of the Court of Appeal, from a decision of the Federal High

Court or High Court made with the consent of the parties or as

to costs only.

242. Appeals with leave

(1) Subject to the provisions of section 241 of this Constitution, an

appeal shall lie from decisions of the Federal High Court or a High

Court to the Court of Appeal with the leave of the Federal High

Court or that High Court or the Court of Appeal.

(2) The Court of Appeal may dispose of any application for leave to

appeal from any decision of the Federal High Court or a High Court

in respect of any civil or criminal proceedings in which an appeal has

been brought to the Federal High Court or a High Court from any

other court after consideration of the record of the proceedings, if

the Court of Appeal is of the opinion that the interests of justice do

not require an oral hearing of the application.

159

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations243. Exercise of the right of appeal from the Federal High

Court, National Industrial Court or a High Court in civil and

criminal matters

(1) Any right of appeal to the Court of Appeal from the decisions of

the Federal High Court, National Industrial Court or 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 Federal High Court or

High Court or the Court of Appeal at the instance of any other

person having an interest in the matter, and in the case of criminal

proceedings at the instance of an accused person or, subject

to the provisions of this Constitution and any powers conferred

upon the Attorney-General of the Federation or the Attorney-

General of a State to take over and continue or to discontinue

such proceedings, at the instance of such other authorities or

persons as may be prescribed;

(b) exercised in accordance with any Act of the National Assembly

and rules of court for the time being in force regulating the

powers, practice and procedure of the Court of Appeal.

(2) An appeal shall lie from the decision of the National Industrial

Court as of right to the Court of Appeal on questions of fundamental

rights as contained in Chapter IV of this Constitution as it relates to

matters upon which the National Industrial Court has jurisdiction.

(3) An Appeal shall only lie from the decision of the National

Industrial Court to the Court of Appeal as may be prescribed by an

Act of the National Assembly:

Provided that where an Act or Law prescribes that an appeal shall lie

from the decisions of the National Industrial Court to the Court of

Appeal, such appeal shall be with the leave of the Court of Appeal.

(4) Without prejudice to the provisions of section 254C(5) of this

Act, the decision of the Court of Appeal in respect of any appeal

arising from any civil jurisdiction of the National Industrial Court

shall be final. [Section 243(1)

and Marginal Note

are altered by

Constitution of

Federal Republic

of Nigeria (Third

Alteration Act) 2010]

[Section 243(2) to

(4) are inserted

by Constitution of

Federal Republic

of Nigeria (Third

Alteration Act) 2010]

160

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations244. Appeals from Sharia Court of Appeal

(1) An appeal shall lie from decisions of a Sharia Court of Appeal

to the Court of Appeal as of right in any civil proceedings before

the Sharia Court of Appeal with respect to any question of Islamic

personal law which the Sharia Court of Appeal is competent to

decide.

(2) Any right of appeal to the Court of Appeal from the decisions of

a Sharia Court of Appeal conferred by this section shall be -

(a) exercisable at the instance of a party thereto or, with the leave

of the Sharia Court of Appeal or of the Court of Appeal, at the

instance of any other person having an interest in the matter;

and

(b) exercised in accordance with an Act of the National Assembly

and rules of court for the time being in force regulating the

powers, practice and procedure of the Court of Appeal.

245. Appeals from Customary Court of Appeal of a State

(1) An appeal shall lie from decisions of a Customary Court of

Appeal to the Court of Appeal as of right in any civil proceedings

before the Customary Court of Appeal with respect to any question

of customary law and such other matters as may be prescribed by

an Act of the National Assembly.

(2) Any right of appeal to the Court of Appeal from the decisions

of a Customary Court of Appeal conferred by this section shall be –

(a) exercisable at the instance of a party thereto or, with the leave

of the Customary Court of Appeal or of the Court of Appeal, at

the instance of any other person having an interest in the matter;

(b) exercised in accordance with any Act of the National Assembly

and rules of court for the time being in force regulating the

powers, practice and procedure of the Court of Appeal.

161

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations246. Appeals from Code of Conduct Tribunal and other courts

and tribunals

(1) An appeal to the Court of Appeal shall lie as of right from -

(a) decisions of the Code of Conduct Tribunal established in the

Fifth Schedule to this Constitution;

[Fifth Schedule]

(b) decisions of the National and State Houses of Assembly

Election Tribunals; and

question as to whether-

(i) any person has been validly elected as a member of the

National Assembly or of a House of Assembly of a State under

this Constitution,

(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 National Assembly may confer jurisdiction upon the Court

of Appeal to hear and determine appeals from any decision of any

other court of law or tribunal established by the National Assembly.

(3) The decisions of the Court of Appeal in respect of appeals

arising from the National and State Houses of Assembly election

petitions shall be final.

247. Constitution

(1) For the purpose of exercising any jurisdiction conferred upon it

by this Constitution or any other law, the Court of Appeal shall be

duly constituted if it consists of not less than three Justices of the

Court of Appeal and in the case of appeals from –

(a) a Sharia Court of Appeal, if it consists of not less than three

Justices of the Court of Appeal learned in Islamic personal law;

and

(b) a Customary Court of Appeal, if it consists of not less than

three Justices of Court of Appeal learned in Customary law. [Section 246 is

substituted by

Constitution of

Federal Republic

of Nigeria (Second

Alteration Act) 2010]

162

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations248. Practice and procedure

Subject to the provisions of any Act of the National Assembly, the

President of the Court of Appeal may make rules for regulating the

practice and procedure of the Court of Appeal.

C - The Federal High Court

249. Establishment of the Federal High Court

(1) There shall be a Federal High Court.

(2) The Federal High Court shall consist of –

(a) a Chief Judge of the Federal High Court; and

(b) such number of Judges of the Federal High Court as may be

prescribed by an Act of the National Assembly.

250. Appointment of Chief Judge and Judges of the Federal

High Court

(1) The appointment of a person to the office of Chief Judge of

the Federal High Court shall be made by the President on the

recommendation of the National Judicial Council, subject to

confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Judge of

the Federal High Court 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 Chief Judge

or a Judge of the Federal High Court unless he is qualified to

practise as a legal practitioner in Nigeria and has been so qualified

for a period of not less than ten years.

(4) If the office of Chief Judge of the Federal High Court 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 those functions of that office, or

until the person holding the office has resumed those functions, the

President shall appoint the most senior Judge of the Federal High

Court to perform those functions.

163

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(5) Except on the recommendation of the National Judicial Council,

an appointment pursuant to the provisions of subsection (3) 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 lapsed.

251. Jurisdiction

(1) Notwithstanding anything to the contrary contained in this

Constitution and in addition to such other jurisdiction as may be

conferred upon it by an Act of the National Assembly, the Federal

High Court shall have and exercise jurisdiction to the exclusion of

any other court in civil causes and matters –

(a) relating to the revenue of the Government of the Federation

in which the said Government or any organ thereof or a person

suing or being sued on behalf of the said Government is a party;

(b) connected with or pertaining to the taxation of companies

and other bodies established or carrying on business in Nigeria

and all other persons subject to Federal taxation;

and export duties, including any claim by or against the Nigeria

Customs Service or any member or officer thereof, arising from

the performance of any duty imposed under any regulation

relating to customs and excise duties and export duties;

(d) connected with or pertaining to banking, banks, other

financial institutions, including any action between one bank

and another, any action by or against the Central Bank of Nigeria

arising from banking, foreign exchange, coinage, legal tender,

bills of exchange, letters of credit, promissory notes and other

fiscal measures:

Provided that this paragraph shall not apply to any dispute

between an individual customer and his bank in respect of

transactions between the individual customer and the bank;

(e) arising from the operation of the Companies and Allied Matters

Act or any other enactment replacing the Act or regulating the

operation of companies incorporated under the Companies and

Allied Matters Act;

[Cap. C20 LFN]

164

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations

(f) any Federal enactment relating to copyright, patent, designs,

trade marks and passing-off, industrial designs and merchandise

marks, business names, commercial and industrial monopolies,

combines and trusts, standards of goods and commodities and

industrial standards;

(g) any admiralty jurisdiction, including shipping and navigation

on the River Niger or River Benue and their affluents and on such

other inland waterway as may be designated by any enactment

to be an international waterway, all Federal ports, (including

the constitution and powers of the ports authorities for Federal

ports) and carriage by sea;

(h) diplomatic, consular and trade representation;

(i) citizenship, naturalisation and aliens, deportation of persons

who are not citizens of Nigeria, extradition, immigration into and

emigration from Nigeria, passports and visas;

(j) bankruptcy and insolvency;

(k) aviation and safety of aircraft;

(l) arms, ammunition and explosives;

(m) drugs and poisons;

(n) mines and minerals (including oil fields, oil mining,

geological surveys and natural gas);

(o) weights and measures;

(p) the administration or the management and control of the

Federal Government or any of its agencies;

(q) subject to the provisions of this Constitution, the operation

and interpretation of this Constitution in so far as it affects the

Federal Government or any of its agencies;

165

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(r) any action or proceeding for a declaration or injunction

affecting the validity of any executive or administrative action or

decision by the Federal Government or any of its agencies; and

(s) such other jurisdiction civil or criminal and whether to the

exclusion of any other court or not as may be conferred upon it

by an Act of the National Assembly:

Provided that nothing in the provisions of paragraphs (p), (q)

and (r) of this subsection shall prevent a person from seeking

redress against the Federal Government or any of its agencies in

an action for damages, injunction or specific performance where

the action is based on any enactment, law or equity.

(2) The Federal High Court shall have and exercise jurisdiction and

powers in respect of treason, treasonable felony and allied offences.

(3) The Federal High Court shall also have and exercise jurisdiction

and powers in respect of criminal causes and matters in respect of

which jurisdiction is conferred by subsection (1) of this section.

(4) The Federal High Court shall have and exercise jurisdiction to

determine any question as to whether the term of office or a seat

of a member of the Senate or the House of Representatives has

ceased or his seat has become vacant.

252. Powers

(1) For the purpose of exercising any jurisdiction conferred upon it

by this Constitution or as may be conferred by an Act of the National

Assembly, the Federal High Court shall have all the powers of the

High Court of a state.

(2) Notwithstanding subsection (1) of this section, the National

Assembly may by law make provisions conferring upon the Federal

High Court powers additional to those conferred by this section

as may appear necessary or desirable for enabling the Court more

effectively to exercise its jurisdiction. [Section 251(4) is

inserted by the

Constitution of

Federal Republic

of Nigeria (First

Alteration Act) 2010]

166

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations253. Constitution

The Federal High Court shall be duly constituted if it consists of at

least one Judge of that Court.

254. Practice and procedure

Subject to the provisions of any Act of the National Assembly, the

Chief Judge of the Federal High Court may make rules for regulating

the practice and procedure of the Federal High Court.

CC- The National Industrial Court

254A. Establishment and composition of the National Indus -

trial Court

(1) There shall be a National Industrial Court of Nigeria.

(2) The National Industrial Court shall consist of:

(a) President of the National Industrial Court; and

(b) such number of Judges of the National Industrial Court as

may be prescribed by an Act of the National Assembly.

254B. Appointment of President and Judges of the National

Industrial Court

(1) The appointment of a person to the office of President of

the National Industrial Court shall be made by the President on

the recommendation of the National Judicial Council subject to

confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Judge of the

National Industrial Court shall be made by the President on the

recommendation of the National Judicial Council.

(3) A person shall not be eligible to hold the office of a President

of the National Industrial Court unless the person is qualified to

practice as a legal practitioner in Nigeria and has been so qualified

for a period of not less than ten years and has considerable

knowledge and experience in the law and practice of industrial

relations and employment conditions in Nigeria.

(4) A person shall not be eligible to hold the office of a Judge of the

National Industrial Court unless the person is a legal practitioner in [Part CC (Sections

254A- 254F) is

inserted by the

Constitution of

Federal Republic

of Nigeria (Third

Alteration Act) 2010]

167

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsNigeria and has been so qualified for a period of not less than ten

years and has considerable knowledge and experience in the law

and practice of industrial relations and employment conditions in

Nigeria.

(5) If the office of the President of the National Industrial Court 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 assumed the functions of that office or until

the person holding the office has resumed those functions, the

President shall appoint the most senior Judge of the Court having

the qualification to be appointed as President of the National

Industrial Court as provided under subsection (3) of this section to

perform those functions.

(6) Except on the recommendation of the National Judicial Council,

an appointment pursuant to the provisions of subsection (5) 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 lapsed.

254C. Jurisdiction

(1) Notwithstanding the provisions of sections 251, 257, 272 and

anything contained in this Constitution and in addition to such other

jurisdiction as may be conferred upon it by an Act of the National

Assembly, the National Industrial Court shall have and exercise

jurisdiction to the exclusion of any other court in civil causes and

matters-

(a) relating to or connected with any labour, employment, trade

unions, industrial relations and matters arising from workplace,

the conditions of service, including health, safety, welfare of

labour, employee, worker and matters incidental thereto or

connected therewith;

(b) relating to, connected with or arising from Factories Act,

Trade Disputes Act, Trade Unions Act, Labour Act, Employees’

Compensation Act or any other Act or Law relating to labour,

employment, industrial relations, workplace or any other

enactment replacing the Acts or Laws;

168

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(c) relating to or connected with the grant of any order restraining

any person or body from taking part in any strike, lock-out or

any industrial action, or any conduct in contemplation or in

furtherance of a strike, lock-out or any industrial action and

matters Connected therewith or related thereto;

(d) relating to or connected with any dispute over the

interpretation and application of the provisions of Chapter IV

of this Constitution as it relates to any employment, labour,

industrial relations, trade unionism, employer’s association or

any other matter which the Court has jurisdiction to hear and

determine;

(e) relating to or connected with any dispute arising from

national minimum wage for the Federation or any part thereof

and matters connected therewith or arising therefrom;

(f) relating to or connected with unfair labour practice or

international best practices in labour, employment and industrial

relation matters;

(g) relating to or connected with any dispute arising from

discrimination or sexual harassment at workplace;

(h) relating to, connected with or pertaining to the application or

interpretation of international labour standards;

(i) connected with or related to child labour, child abuse, human

trafficking or any matter connected therewith or related thereto;

(j) relating to the determination of any question as to the

interpretation and application of any-

(i) collective agreement,

(ii) award or order made by an arbitral tribunal in respect of a

trade dispute or a trade union dispute,

(iii) award or judgment of the Court,

(iv) term of settlement of any trade dispute,

(v) trade union dispute or employment dispute as may be

recorded in a memorandum of settlement,

169

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(vi) trade union constitution, the constitution of an association

of employers or any association relating to employment,

labour, industrial relations or work place,

(vii) dispute relating to or connected with any personnel matter

arising from any free trade zone in the Federation or any part

thereof;

(k) relating to or connected with disputes arising from payment or

nonpayment of salaries, wages, pensions, gratuities, allowances,

benefits and any other entitlement of any employee, worker,

political or public office holder, judicial officer or any civil

or public servant in any part of the Federation and matters

incidental thereto;

(I) relating to-

(i) appeals from the decisions of the Registrar of Trade Unions,

or matters relating thereto or connected therewith,

(ii) appeals from the decisions or recommendations of any

administrative body or commission of enquiry, arising from or

connected with employment, labour, trade unions or industrial

relations, and

(iii) such other jurisdiction, civil or criminal and whether to the

exclusion of any other court or not, as may be conferred upon

it by an Act of the National Assembly;

(m) relating to or connected with the registration of collective

agreements.

(2) Notwithstanding anything to the contrary in this Constitution,

the National Industrial Court shall have the jurisdiction and power to

deal with any matter connected with or pertaining to the application

of any international convention, treaty or protocol of which Nigeria

has ratified relating to labour, employment, workplace, industrial

relations or matters connected therewith.

(3) The National Industrial Court may establish an Alternative

Dispute Resolutions Centre within the Court premises on matters

which jurisdiction is conferred on the court by this Constitution or

any Act or Law:

170

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsProvided that nothing in this subsection shall preclude the National

Industrial Court from entertaining and exercising appellate and

supervisory jurisdiction over an arbitral tribunal or commission,

administrative body, or board of inquiry in respect of any matter

that the National Industrial Court has jurisdiction to entertain or

any other matter as may be prescribed by an Act of the National

Assembly or any Law in force in any part of the Federation.

(4) The National Industrial Court shall have and exercise jurisdiction

and powers to entertain any application for the enforcement of the

award, decision, ruling or order made by any arbitral tribunal or

commission, administrative body, or board of inquiry relating to,

connected with, arising from or pertaining to any matter of which

the National Industrial Court has the jurisdiction to entertain.

(5) The National Industrial Court shall have and exercise jurisdiction

and powers in criminal causes and matters arising from any cause or

matter of which jurisdiction is conferred on the National Industrial

Court by this section or any other Act of the National Assembly or

by any other law.

(6) Notwithstanding anything to the contrary in this Constitution,

appeal shall lie from the decision of the National Industrial Court

from matters in sub-section 5 of this section to the Court of Appeal

as of right.

254D. Powers

(1) For the purpose of exercising any jurisdiction conferred upon

it by this Constitution or as may be conferred by an Act of the

National Assembly, the National Industrial Court shall have all the

powers of a High Court.

(2) Notwithstanding subsection (1) of this section, the National

Assembly may by law, make provisions conferring upon the

National Industrial Court powers additional to those conferred by

this section as may appear necessary or desirable for enabling the

Court to be more effective in exercising its jurisdiction.

171

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations254E. Constitution of the Court

(1) For the purpose of exercising any jurisdiction conferred upon it

by this Constitution or any other law, the National Industrial Court

shall be duly constituted if it consists of a single Judge or not more

than three Judges as the President of the National Industrial Court

may direct.

(2) For the purpose of exercising its criminal jurisdiction, the

President of the Court may hear and determine or assign a single

Judge of the Court to hear and determine such matter.

(3) For the purpose of exercising any jurisdiction conferred upon

it by the Constitution or any other law, the Court may, if it thinks it

expedient to do so or in a manner prescribed under any enactment,

law or rules of court, call in the aid of one or more assessors specially

qualified to try and hear the cause or matter wholly or partly with

the assistance of such assessors.

(4) For the purpose of subsection (3) of this section, an assessor

shall be a person who is qualified and experienced in his field of

specialization and who has been so qualified for a period of not less

than ten years.

254F. Practice and procedure

(1) Subject to the provisions of any Act of the National Assembly,

the President of the National Industrial Court may make rules for

regulating the practice and procedure of the National Industrial

Court.

(2) For the purpose of exercising its criminal jurisdiction, the

provisions of the Criminal Code, Penal Code, Criminal Procedure

Act, Criminal Procedure Code or Evidence Act shall apply.

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

255. Establishment and composition of the High Court of the

Federal Capital Territory, Abuja

(1) There shall be a High Court of the Federal Capital Territory, Abuja. [Section 254F (2)

is deleted by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 9)

Act, 2023]

172

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) The High Court of the Federal Capital Territory, Abuja shall

consist of –

(a) a Chief Judge of the High Court of the Federal Capital

Territory, Abuja; and

(b) such number of Judges of the High Court as may be prescribed

by an Act of the National Assembly.

256. Appointment of Chief Judge and Judges of the High

Court of the Federal Capital Territory, Abuja

(1) The appointment of a person to the office of Chief Judge of the

High Court of the Federal Capital Territory, Abuja shall be made

by the President on the recommendation of the National Judicial

council, subject to confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Judge of the High

Court of the Federal Capital Territory, Abuja 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 Chief

Judge or a Judge of the High Court of the Federal Capital Territory,

Abuja unless he is qualified to practice as a legal practitioner in

Nigeria and has been so qualified for a period of not less than ten

years.

(4) If the office of the Chief Judge of the High Court of the Federal

Capital Territory, Abuja 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 Judge

of the High Court of the Federal Capital Territory, Abuja, 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 lapsed.

173

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations257. Jurisdiction

(1) Subject to the provisions of section 251 and any other provisions

of this Constitution and in addition to such other jurisdiction as may

be conferred upon it by law, the High Court of the Federal Capital

Territory, Abuja shall have jurisdiction to hear and determine any

civil proceedings in which the existence or extent of a legal right,

power, duty, liability, privilege, interest, obligation or claim is in

issue or to hear and determine any criminal proceedings involving

or relating to any penalty, forfeiture, punishment or other liability in

respect of an offence committed by any person.

(2) The reference to civil or criminal proceedings in this section

includes a reference to the proceedings which originate in the High

Court of the Federal Capital Territory, Abuja and those which are

brought before the High Court of the Federal Capital Territory,

Abuja to be dealt with by the Court in the exercise of its appellate

or supervisory jurisdiction.

258. Constitution

The High Court of the Federal Capital Territory, Abuja shall be

duly constituted if it consists of at least one Judge of that Court.

259. Practice and procedure

Subject to the provisions of any Act of the National Assembly, the

Chief Judge of the High Court of the Federal Capital Territory,

Abuja may make rules for regulating the practice and procedure of

the High Court of the Federal Capital Territory, Abuja.

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

Abuja

260. Establishment of the Sharia Court of Appeal of the

Federal Capital Territory, Abuja

(1) There shall be a Sharia Court of Appeal of the Federal Capital

Territory, Abuja.

(2) The Sharia Court of Appeal of the Federal Capital Territory,

Abuja shall consist of –

(a) a Grand Kadi of the Sharia Court of Appeal; and

174

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) such number of Kadis of the Sharia Court of Appeal as may

be prescribed by an Act of the National Assembly.

261. Appointment of Grand Kadi and Kadis of the Sharia

Court of Appeal of the Federal Capital Territory, Abuja

(1) The appointment of a person to the office of the Grand Kadi

of the Sharia Court of Appeal of the Federal Capital Territory,

Abuja shall be made by the President on the recommendation

of the National Judicial Council, subject to confirmation of such

appointment by the Senate.

(2) The appointment of a person to the office of a Kadi of the

Sharia Court of Appeal shall be made by the President on the

recommendation of the National Judicial Council.

(3) A person shall not be qualified to hold office as Grand Kadi or

Kadi of the Sharia Court of Appeal of the Federal Capital Territory,

Abuja unless-

(a) he is a legal practitioner in Nigeria and has been so qualified for

a period of not less than ten years and has obtained a recognised

qualification in Islamic law from an institution acceptable to the

National Judicial Council; or

(b) he has attended and has obtained a recognised qualification

in Islamic law from an institution approved by the National

Judicial Council and has held the qualification for a period of

not less than twelve years; and

(i) he either has considerable experience in the practice of

Islamic law, or

(ii) he is a distinguished scholar of Islamic law.

(4) If the office of the Grand Kadi of the Sharia 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 Kadi of the Sharia Court of

Appeal to perform those functions.

175

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(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 lapsed.

262. Jurisdiction

(1) The Sharia Court of Appeal shall, in addition to such other

jurisdiction as may be conferred upon it by an Act of the National

Assembly, exercise such appellate and supervisory jurisdiction in

civil proceedings involving questions of Islamic personal law.

(2) For the purpose of subsection (1) of this section, the Sharia Court

of Appeal shall be competent to decide –

(a) any question of Islamic personal law regarding a marriage

concluded in accordance with that law, including a question

relating to the validity or dissolution of such a marriage or a

question that depends on such a marriage and relating to family

relationship or the guardianship of an infant;

(b) where all the parties to the proceedings are muslims, any

question of Islamic personal law regarding a marriage, including

the validity or dissolution of that marriage, or regarding family

relationship, a foundling or the guardianship of an infant;

or succession where the endower, donor, testator or deceased

person is a muslim;

(d) any question of Islamic personal law regarding an infant,

prodigal or person of unsound mind who is a muslim or the

maintenance or the guardianship of a muslim who is physically

or mentally infirm; or

(e) where all the parties to the proceedings, being muslims, have

requested the court that hears the case in the first instance to

determine that case in accordance with Islamic personal law, any

Chapter in: respect of appointments to the offices of Justices of the

General Provisions

Supreme Court and Justices of the Court of Appeal, the President

shall have regard to the need to ensure that there are among the

holders of such offices persons learned in Islamic personal law and

persons learned in customary law.

(2) For the purposes of subsection (1) of this section -

(a) a person shall be deemed to be learned in Islamic personal

law if he is a legal practitioner in Nigeria and has been so

qualified for a period of not less than fifteen years in the case

of a Justice of the Supreme Court or not less than twelve years

in the case of a Justice of the Court of Appeal and has in either

case obtained a recognised qualification in Islamic law from an

institution acceptable to the National Judicial Council; and

(b) a person shall be deemed to be learned in customary law if

he is a legal practitioner in Nigeria and has been so qualified for

a period of not less than fifteen years in the case of a Justice of

the Supreme Court or not less than twelve years in the case of a

Justice of the Court of Appeal and has in either case and in the

opinion of the National Judicial Council considerable knowledge

of and experience in the practice of customary law.

289. Disqualification of certain legal practitioners

No legal practitioner shall be qualified for appointment as a Justice

of the Supreme Court, the Court of Appeal or a Judge of a Federal

High Court or Judge of the National Industrial Court or a Judge of

a High Court or a Kadi of a Sharia Court of Appeal or a Judge of the

Customary Court of Appeal whilst he is a member of the National

Judicial Council or the Federal Judicial Service Commission or

the Judicial Service Committee of the Federal Capital Territory,

Abuja or a State Judicial Service Commission, and he shall remain

so disqualified until a period of three years has elapsed since he

ceased to be a member. [Section 289 is altered

by the Constitution

of Federal Republic

of Nigeria (Third

Alteration Act) 2010]

190

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations290. Declaration of assets and liabilities: oaths of judicial

officers

(1) A person appointed to any judicial office shall not begin to

perform the functions of that office until he has declared his

assets and liabilities as prescribed under this Constitution and

has subsequently taken and subscribed the Oath of Allegiance

and the Judicial Oath prescribed in the Seventh Schedule to this

Constitution.

[Seventh Schedule]

(2) The oaths aforesaid shall be administered by the person for the

time being authorised by law to administer such oaths.

291. Tenure of office and pension rights of judicial officers

(1) A judicial officer appointed to any of the superior courts of

record specified in section 6 (5) of this Constitution may retire when

he attains the age of sixty-five years and he shall cease to hold

office when he attains the age of seventy years.

(2) Any person who has held office as a judicial officer of a superior

court of record -

(a) for a period of not less than ten years shall, if he retires at or

after the age of sixty-five years, be entitled to pension for life

at a rate equivalent to his last annual salary and all allowances

in addition to any other retirement benefit to which he may be

entitled;

(b) for a period less than ten years shall, if he retires at or after

the age of sixty-five years, be entitled for pension for life at a

rate as in paragraph (a) of this subsection pro-rata the number

of years he served as a judicial officer in relation to the period

of ten years, and all allowances in addition to other retirement

benefits to which he may be entitled under his terms and

conditions of service; and

other retirement benefits as may be regulated by an Act

of the National Assembly.

[Section 291 is

substituted by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 37)

Act, 2023]

191

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) All pensions, allowances and other retirement benefits to

which a judicial officer may be entitled, shall be a charge upon the

Consolidated Revenue Fund of the Federation and shall be paid

directly by the National Judicial Council.

(4) Subject to the provisions of this section of the Constitution, the

provisions of any other law that provides for pensions, gratuities

and other retirement benefits for persons in the Public Service of

the Federation or of a State shall apply.

292. Removal of judicial officers from office

(1) A judicial officer shall not be removed from his office or

appointment before his age of retirement except in the following

circumstances -

(a) in the case of -

(i) Chief Justice of Nigeria, President of the Court of Appeal,

Chief Judge of the Federal High Court, President of the

National Industrial Court, Chief Judge of the High Court of the

Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court

of Appeal of the Federal Capital Territory, Abuja and President,

Customary Court of Appeal of the Federal Capital Territory,

Abuja, by the President acting on an address supported by

two-thirds majority of the Senate,

(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of

Appeal or President of a Customary Court of Appeal of a State,

by the Governor acting on an address supported by two-thirds

majority of the House of Assembly of the State,

praying that he be so removed for his inability to discharge the

functions of his office or appointment (whether arising from

infirmity of mind or of body) or for misconduct or contravention

of the Code of Conduct;

(b) in any case, other than those to which paragraph (a) of this

subsection applies, by the President or, as the case may be, the

Governor acting on the recommendation of the National Judicial

Council that the judicial officer be so removed for his inability to

discharge the functions of his office or appointment (whether [Section 292(1)(a)

(i) is altered by the

Constitution of

Federal Republic

of Nigeria (Third

Alteration Act) 2010]

192

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsarising from infirmity of mind or of body) or for misconduct or

contravention of the Code of Conduct.

(2) Any person who has held office as a judicial officer shall not on

ceasing to be a judicial officer for any reason whatsoever thereafter

appear or act as a legal practitioner before any court of law or

tribunal in Nigeria.

293. Vacancies

Except for the purposes of exercising any jurisdiction conferred

by this Constitution or by any other law, every court established

under this Constitution shall be deemed to be duly constituted

notwithstanding any vacancy in the membership of the court.

294. Determination of causes and matters

(1) Every court established under this Constitution shall deliver its

decision in writing not later than ninety days after the conclusion of

evidence and final addresses and furnish all parties to the cause or

matter determined with duly authenticated copies of the decision

within seven days of the delivery thereof.

(2) Each Justice of the Supreme Court or of the Court of Appeal

shall express and deliver his opinion in writing, or may state in

writing that he adopts the opinion of any other Justice who delivers

a written opinion:

Provided that it shall not be necessary for the Justices who heard

a cause or matter to be present when judgment is to be delivered

and the opinion of a Justice may be pronounced or read by any

other Justice whether or not he was present at the hearing.

(3) A decision of a court consisting of more than one Judge shall be

determined by the opinion of the majority of its members.

(4) For the purpose of delivering its decision under this section, the

Supreme Court, or the Court of Appeal or the National Industrial

Court , shall be deemed to be duly constituted if at least one

member of that court sits for that purpose. [Section 294(4)

is altered by the

Constitution of

Federal Republic

of Nigeria (Third

Alteration Act) 2010]

193

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(5) The decision of a court shall not be set aside or treated as a

nullity solely on the ground of non-compliance with the provisions of

subsection (1) of this section, unless the court exercising jurisdiction

by way of appeal or review of that decision is satisfied that the party

complaining has suffered a miscarriage of justice by reason thereof.

(6) As soon as possible after hearing and deciding any case in which

it has been determined or observed that there was non-compliance

with the provisions of subsection (1) of this section, the person

presiding at the sitting of the court shall send a report on the case

to the Chairman of the National Judicial Council who shall keep the

Council informed of such action as the Council may deem fit.

295. Reference of questions of law

(1) Where any question as to the interpretation or application of

this Constitution arises in any proceedings in any court of law in

any part of Nigeria (other than in the Supreme Court, the Court

of Appeal, the Federal High Court or the National Industrial Court

or a High Court) and the court is of the opinion that the question

involves a substantial question of law, the court may, and shall if any

of the parties to the proceedings so requests, refer the question to

the Federal High Court or the National Industrial Court or a High

Court having jurisdiction in that part of Nigeria and the Federal

High Court or the National Industrial Court or the High Court shall -

(a) if it is of opinion that the question involves a substantial

question of law, refer the question to the Court of Appeal; or

(b) if it is of opinion that the question does not involve a

substantial question of law, remit the question to the court that

made the reference to be disposed of in accordance with such

directions as the Federal High Court or the National Industrial

Court or the High Court may think fit to give.

(2) Where any question as to the interpretation or application of this

Constitution arises in any proceedings in the Federal High Court

or the National Industrial Court or a High Court, 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, [Section 295(1), (1)

(b) and (2) are altered

by the Constitution

of Federal Republic

of Nigeria (Third

Alteration Act) 2010]

194

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsrefer the question to the Court of Appeal; and where any question

is referred in pursuance of this subsection, the 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.

(3) Where any question as to the interpretation or application of this

Constitution arises in any proceedings in the Court of Appeal 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 which shall give

its decision upon the question and give such directions to the Court

of Appeal as it deems appropriate.

296. Interpretation

In this Chapter, unless the context otherwise requires, “ office ”,

when used with reference to the validity of an election to an office,

includes the office of President of the Federation, Vice-President of

the Federation and Governor or Deputy Governor of a State but

does not include the office of President of the Senate, Speaker of

the House of Representatives, Speaker of a House of Assembly or

any office established by this Constitution.

CHAPTER VIII

Federal Capital Territory, Abuja and general supplementary

provisions

PART I

Federal Capital Territory, Abuja

297. Federal Capital Territory, Abuja: ownership of lands

(1) There shall be a Federal Capital Territory, Abuja the boundaries

of which are as defined in Part II of the First Schedule to this

Constitution.

(2) The ownership of all lands comprised in the Federal Capital

Territory, Abuja shall vest in the Government of the Federal Republic

of Nigeria.

195

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations298. Capital of the Federation

The Federal Capital Territory, Abuja shall be the Capital of the

Federation and seat of the Government of the Federation.

299. Application of Constitution

The provisions of this Constitution shall apply to the Federal Capital

Territory, Abuja as if it were one of the States of the Federation; and

accordingly -

(a) all the legislative powers, the executive powers and the

judicial powers vested in the House of Assembly, the Governor

of a State and in the courts of a State shall, respectively, vest in

the National Assembly, the President of the Federation and in

the courts which by virtue of the foregoing provisions are courts

established for the Federal Capital Territory, Abuja;

(b) all the powers referred to in paragraph (a) of this section

shall be exercised in accordance with the provisions of this

Constitution; and

aforesaid shall be read with such modifications and adaptations

as may be reasonably necessary to bring them into conformity

with the provisions of this section.

300. Representation in the National Assembly

For the purposes of Chapter V of this Constitution, the Federal

Capital Territory, Abuja shall constitute one Senatorial district and

as many Federal constituencies as it is entitled to under section 49

of this Constitution.

301. Adaptation of certain references

Without prejudice to the generality of the provisions of section

299 of this Constitution, in its application to the Federal Capital

Territory, Abuja, this Constitution shall be construed as if-

(a) references to the Governor, Deputy Governor and the

executive council of a State (howsoever called) were references

to the President, Vice-President and the executive council of the

Federation (howsoever called) respectively;

196

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) references to the Chief Judge and Judges of the High Court

of a State were references to the Chief Judge and Judges of the

High Court, which is established for the Federal Capital Territory,

Abuja by the provisions of this Constitution; and

were references to the persons, offices and authorities of

the Federation with like status, designations and powers,

respectively; and in particular, as if references to the Attorney-

General, Commissioners and the Auditor-General for a State

were references to the Attorney-General, Ministers and the

Auditor-General of the Federation with like status, designations

and powers.

302. Minister of Federal Capital Territory, Abuja

The President may, in exercise of the powers conferred upon

him by section 147 of this Constitution, appoint for the Federal

Capital Territory, Abuja a Minister who shall exercise such powers

and perform such functions as may be delegated to him by the

President, from time to time.

303. Administration of the Federal Capital Territory, Abuja

The Federal Capital Territory, Abuja shall comprise six area councils

and the administrative and political structure thereof shall be as

provided by an Act of the National Assembly.

304. Establishment of the Judicial Service Committee of the

Federal Capital Territory, Abuja

(1) There shall be for the Federal Capital Territory, Abuja, a Judicial

Service Committee of the Federal Capital Territory, Abuja, the

composition and functions of which shall be as provided in Part III

of the Third Schedule to this Constitution.

(2) The provisions of sections 154(1) and (3), 155, 156, 157(1) and

(2), 158(1) and 159 to 161 of this Constitution shall apply with

necessary modifications to the Judicial Service Committee of the

Federal Capital Territory, Abuja.

[Part III Third Schedule]

197

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART II

Miscellaneous Provisions

305. Procedure for proclamation of state of emergency

(1) Subject to the provisions of this Constitution, the President may

by instrument published in the official Gazette of the Government

of the Federation issue a proclamation of a state of emergency in

the Federation or any part thereof.

(2) The President shall immediately after the publication, transmit

copies of the official Gazette of the Government of the Federation

containing the proclamation, including the details of the emergency,

to the President of the Senate and the Speaker of the House of

Representatives, each of whom shall forthwith convene or arrange

for a meeting of the House of which he is President or Speaker, as

the case may be, to consider the situation and decide whether or

not to pass a resolution approving the proclamation.

(3) The President shall have power to issue a proclamation of a state

of emergency only when –

(a) the Federation is at war;

(b) the Federation is in imminent danger of invasion or

involvement in a state of war;

in the Federation or any part thereof to such extent as to

require extraordinary measures to restore peace and security;

(d) there is a clear and present danger of an actual breakdown

of public order and public safety in the Federation or any part

thereof requiring extraordinary measures to avert such danger;

(e) there is an occurrence or imminent danger, or the occurrence

of any disaster or natural calamity, affecting the community or a

section of the community in the Federation;

198

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(f) there is any other public danger which clearly constitutes a

threat to the existence of the Federation; or

(g) the President receives a request to do so in accordance with

the provisions of subsection (4) of this section.

(4) The Governor of a State may, with the sanction of a resolution

supported by two-thirds majority of the House of Assembly, request

the President to issue a proclamation of a state of emergency in

the State when there is in existence within the State any of the

situations specified in subsection (3) (c), (d) and (e) of this section

and such situation does not extend beyond the boundaries of the

State.

(5) The President shall not issue a proclamation of a state of

emergency in any case to which the provisions of subsection (4)

of this section apply unless the Governor of the State fails within a

reasonable time to make a request to the President to issue such

proclamation.

(6) A proclamation issued by the President under this section shall

cease to have effect –

(a) if it is revoked by the President by instrument published in the

official Gazette of the Government of the Federation;

(b) if it affects the Federation or any part thereof and within two

days when the National Assembly is in session, or within ten days

when the National Assembly is not in session, after its publication,

there is no resolution supported by two-thirds majority of all the

members of each House of the National Assembly approving

the proclamation;

force:

Provided that the National Assembly may, before the expiration

of the period of six months aforesaid, extend the period for the

proclamation of the state of emergency to remain in force from

time to time for a further period of six months by resolution

passed in like manner; or

199

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(d) at any time after the approval referred to in paragraph (b) or

the extension referred to in paragraph (c) of this subsection, when

each House of the National Assembly revokes the proclamation

by a simple majority of all the members of each House.

306. Resignations

(1) Save as otherwise provided in this section, any person who is

appointed, elected or otherwise selected to any office established

by this Constitution, may resign from that office by writing under

his hand addressed to the authority or person by whom he was

appointed, elected or selected.

(2) The resignation of any person from any office established by

this Constitution shall take effect when the writing signifying the

resignation is received by the authority or person to whom it is

addressed or by any person authorised by that authority or person

to receive it.

(3) The notice of resignation of the President and of the Vice-

President shall respectively be addressed to the President of the

Senate and to the President.

(4) On the resignation of the President, the President of the Senate

shall forthwith give notice of the resignation to the Speaker of the

House of Representatives.

(5) The notice of resignation of the Governor and of the Deputy

Governor of a State shall respectively be addressed to the Speaker

of the House of Assembly and the Governor of the State.

(6) The notice of resignation of the President of the Senate and of

the Speaker of the House of Representatives shall in each case be

addressed to the Clerk of the National Assembly, and the notice

of resignation of the Speaker of a House of Assembly shall be

addressed to the Clerk of the House of Assembly of the State.

(7) The notice of resignation of a member of a legislative house

shall be addressed to the President of the Senate or, as the case

may require, to the Speaker of the legislative house in question.

200

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations307. Restriction on certain citizens

Notwithstanding any provisions contained in Chapter IV and subject

to sections 131 and 177 of this Constitution, no citizen of Nigeria,

by registration or under a grant of certificate of naturalisation, shall

within ten years of such registration or grant, hold any elective or

appointive office under this Constitution.

308. Restrictions on legal proceedings

(1) Notwithstanding anything to the contrary in this Constitution,

but subject to subsection (2) of this section –

(a) no civil or criminal proceedings shall be instituted or continued

against a person to whom this section applies during his period

of office;

(b) a person to whom this section applies shall not be arrested or

imprisoned during that period either in pursuance of the process

of any court or otherwise; and

of a person to whom this section applies, shall be applied for or

issued:

Provided that in ascertaining whether any period of limitation has

expired for the purposes of any proceedings against a person to

whom this section applies, no account shall be taken of his period

of office.

(2) The provisions of subsection (1) of this section shall not apply to

civil proceedings against a person to whom this section applies in

his official capacity or to civil or criminal proceedings in which such

a person is only a nominal party.

(3) This section applies to a person holding the office of President

or Vice-President, Governor or Deputy Governor; and the reference

in this section to “ period of office ” is a reference to the period

during which the person holding such office is required to perform

the functions of the office.

201

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART III

Transitional provisions and savings

309. Citizenship

Notwithstanding the provisions of Chapter III of this Constitution,

but subject to section 28 thereof, any person who became a

citizen of Nigeria by birth, registration or naturalisation under the

provisions of any other Constitution, shall continue to be a citizen

of Nigeria under this Constitution.

310. Staff of legislative houses

(1) Until the National Assembly or a House of Assembly has exercised

its powers to initiate legislation in accordance with the provisions

of section 51 or 93 of this Constitution, the Clerk or other staff of

a legislative House shall be appointed, as respects each House of

the National Assembly, by the Federal Civil Service Commission,

and as respects a House of Assembly, by the State Civil Service

Commission.

(2) In exercising its powers under the provisions of this section,

the Federal Civil Service Commission shall consult, as appropriate,

the President of the Senate or the Speaker of the House of the

Representatives, and a State Civil Service Commission shall consult

the Speaker of the House of Assembly of the State.

311. Standing Orders

(1) The provisions of this section shall have effect until the National

Assembly or a House of Assembly exercises the powers conferred

upon it by section 60 or 101 of this Constitution as appropriate.

(2) The Standing Orders of the Senate in existence before its

dissolution under section 64 of this Constitution shall apply in

relation to the proceedings of the first session of the Senate

convened by the President under section 64 of this Constitution.

(3) The Standing Orders of the House of Representatives in existence

before its dissolution under section 64 of this Constitution shall

apply in relation to the proceedings of the first session of the House [Sections 311 (2) to

(5) are substituted by

the Constitution of

the Federal Republic

of Nigeria, 1999

(Fifth Alteration) (No.

8) Act, 2023]

202

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsof Representatives convened by the President under section 64 of

this Constitution.

(4) The Standing Orders of the State House of Assembly in existence

before its dissolution under section 105 of the Constitution shall

apply in relation to the proceedings of the first session of the State

House of Assembly convened by the Governor under section 105

this Constitution.

(5) The Standing Orders of a legislative house before its dissolution

under section 64 or 105 of this Constitution may be modified within

such a reasonable time after the inauguration and first session of the

legislative house to bring them in conformity with the proceedings

of the newly inaugurated legislative house.

(6) In this section, the “ former Constitution ” refers to the

Constitution of the Federal Republic of Nigeria 1979.

[Cap. 62. LFN 1990]

312. Special provisions in respect of first election

(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.

313. System of revenue allocation

Pending any Act of the National Assembly 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 [Section 311 (6)

is deleted by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 8)

Act, 2023]

203

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsbeginning from 1st January 1998 and ending on 31st December

1998 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 States

and from the States to local government councils the appropriations

in respect of such functions shall also be transferred to the States

and the local government councils, as the case may require.

314. Debts

Any debt of the Federation or of a State 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 State shall, as from the date when this section comes into force,

continue to be so charged.

315. Existing law

(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 the National Assembly to the extent that it is a law

with respect to any matter on which the National Assembly is

empowered by this Constitution to make laws; and

(b) a Law made by a House of Assembly to the extent that it is a

law with respect to any matter on which a House of Assembly is

empowered by this Constitution to make laws.

(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 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-

204

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) any other existing law;

(b) a law of a House of Assembly;

(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 State, in relation to the provisions of

any existing law deemed to be a law made by the House of

Assembly of that State, or

(iii) any person appointed by any law to revise or rewrite the

laws of the Federation or of a State;

(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

repeal.

(5) Nothing in this Constitution shall invalidate the following

enactments, that is to say –

(a) the National Youth Service Corps Decree 1993;

[Cap. N84]

(b) the Public Complaints Commission Act;

[Cap. P37]

[Cap. N74]

(d) the Land Use Act,

[Cap. L5]

205

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsand the provisions of those enactments shall continue to apply and

have full effect in accordance with their tenor and to the like extent

as any other provisions forming part of this Constitution and shall

not be altered or repealed except in accordance with the provisions

of section 9 (2) of this Constitution.

(6) Without prejudice to subsection (5) of this section, the enactments

mentioned in the said subsection shall hereafter continue to have

effect as Federal enactments and as if they related to matters

included in the Exclusive Legislative List set out in Part I of the

Second Schedule to this Constitution.

[Part I Second Schedule]

316. Existing offices, courts and authorities

(1) Any office, court of law or authority which immediately before

the date when this section comes into force was established and

charged with any function by virtue of any other Constitution or law,

shall be deemed to have been duly established and shall continue

to be charged with such function until other provisions are made, as

if the office, court of law or authority was established and charged

with the function by virtue of this Constitution or in accordance with

the provisions of a law made thereunder.

(2) Any person who immediately before the date when this section

comes into force holds office by virtue of any other Constitution

or law in force immediately before the date when this section

comes into force shall be deemed to be duly appointed to that

office by virtue of this Constitution or by any authority by whom

appointments to that office fall to be made in pursuance of this

Constitution.

(3) Notwithstanding the provisions of subsection (2) of this section,

any person holding such office, a member of a court of law or

authority, who would have been required to vacate such office,

or where his membership of such court of law or authority would

have ceased but for the provisions of the said subsection (2) of this

section, shall at the expiration of the period prescribed therefor

after the date when this section comes into force vacate such office

or, as the case may be, his membership of such court of law or

authority shall cease, accordingly.

206

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(4) The foregoing provisions of this section are without prejudice to

the exercise of such powers as may be conferred by virtue of this

Constitution or a law upon any authority or person to make provisions

with respect to such matters as may be prescribed or authorised

by this Constitution or such law, including the establishment and

abolition of offices, courts of law or authorities, and with respect

to the appointment of persons to hold offices or to be members

of courts of law or authorities and their removal from such offices,

courts of law or authorities.

(5) Notwithstanding the provisions of this section, the National

Industrial Court Act, 2006 and any office or authority established

and charged with any function under the Act, shall be deemed to

have been duly established and shall continue to be charged with

such function by virtue of this Constitution or in accordance with

the provision of a law made thereunder.

317. Succession to property, rights, liabilities and obligations

(1) Without prejudice to the generality of section 315 of this

Constitution, any property, right, privilege, liability or obligation

which immediately before the date when this section comes into

force was vested in, exercisable or enforceable by or against-

(a) the former authority of the Federation as representative or

trustee for the benefit of the Federation;

(b) any former authority of a State as representative or trustee for

the benefit of the State,

shall on the date when this section comes into force and without

further assurance than the provisions hereof vest in, or become

exercisable or 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 and Government of a State, shall be deemed,

respectively, to be successors to the said former authority of the

Federation and former authority of the State in question; and

[Section 316(5) is

inserted by the

Constitution of

Federal Republic

of Nigeria (Third

Alteration Act) 2010]

207

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(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.

PART IV

Interpretation, citation and commencement

318. Interpretation

(1) In this constitution, unless it is otherwise expressly provided or

the context otherwise requires-

“Act” or “ Act of the National Assembly ” means any law made

by the National Assembly and includes any law which takes effect

under the provisions of this Constitution as an Act of the National

Assembly;

“appointment ” or its cognate expression includes appointment on

promotion and transfer or confirmation of appointment;

“area council ” means each of the administrative areas within the

Federal Capital Territory, Abuja;

“authority ” includes government;

“belong to ” or its grammatical expression when used with reference

to a person in a State refers to a person either of whose parents

or any of whose grandparents was a member of a community

indigenous to that State;

“civil service of the Federation ” means service of the Federation

in a civil capacity as staff of the office of the President, the Vice-

President, a ministry or department of the Government of the

Federation assigned with the responsibility for any business of the

Government of the Federation;

208

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations“civil service of the State ” means service of the Government

of a State in a civil capacity as staff of the office of the Governor,

Deputy Governor or a ministry or department of the Government

of the State assigned with the responsibility for any business of the

Government of the State;

“Code of Conduct ” refers to the Code of Conduct contained in

the Fifth Schedule to this Constitution;

[Fifth Schedule]

“Commissioner ” means a Commissioner of the Government of a

State;

“Concurrent Legislative List ” means the list of matters set out in

the first column in Part II of the Second Schedule to this Constitution

with respect to which the National Assembly and a House of

Assembly may make laws to the extent prescribed, respectively,

opposite thereto in the second column thereof;

[Part II Second Schedule]

“decision ” means, in relation to a court, any determination of that

court and includes judgment, act, order, conviction, sentence or

recommendation;

“enactment ” means provision of any law or a subsidiary

instrument;

“Exclusive Legislative List ” means the list in Part I of the Second

Schedule to this Constitution;

[Part I Second Schedule]

“existing law ” has the meaning assigned to it in section 315 of this

Constitution;

“federal character of Nigeria ” refers to the distinctive desire of

the peoples of Nigeria to promote national unity, foster national

209

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsloyalty and give every citizen of Nigeria a sense of belonging to the

nation as expressed in section 14 (3) and (4) of this Constitution;

“Federation ” means the Federal Republic of Nigeria;

“financial year” means any period of twelve months beginning

on the first day of January in any year or such other date as the

National Assembly may prescribe;

“function ” includes power and duty;

“government ” includes the Government of the Federation, or

of any State, or of a local government council or any person who

exercises power of authority on its behalf;

“Governor ” or “ Deputy Governor ” means the Governor of a

State or a Deputy Governor of a State;

“House of Assembly ” means the House of Assembly of a State;

“judicial office ” means the office of Chief Justice of Nigeria or a

Justice of the Supreme Court, the President or Justice of the Court

of Appeal, the office of the Chief Judge or a Judge of the Federal

High Court, the office of the President or Judge of the National

Industrial Court , the office of the Chief Judge or Judge of the High

Court of the Federal Capital Territory, Abuja, the office of the Chief

Judge of a State and Judge of the High Court of a State, a Grand

Kadi or Kadi of the Sharia Court of Appeal of the Federal Capital

Territory, Abuja, a President or Judge of the Customary Court of

Appeal of the Federal Capital Territory, Abuja, a Grand Kadi or Kadi

of the Sharia Court of Appeal of a State, or President or a Judge

of the Customary Court of Appeal of a State; and a reference to a

“judicial officer ” is a reference to the holder of any such office;

“law” means a law enacted by the House of Assembly of a State;

“legislative house ” means the Senate, House of Representatives

or a House of Assembly. [Definition of

judicial office

under Section 318

is altered by the

Constitution of

Federal Republic

of Nigeria (Third

Alteration Act)

2010]

210

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations“local government area ” or “ local government council ” includes

an area council;

“member ” when used with reference to any commission or other

bodies established by this Constitution, includes the Chairman of

that commission or body;

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

“National Assembly ” means the Senate and the House of

Representatives established by this Constitution;

“oath ” includes affirmation;

“Oath of Allegiance ” means Oath of Allegiance prescribed in the

Seventh Schedule to this Constitution;

[Seventh Schedule]

“office ” when used with reference to the validity of an election,

means any office the appointment to which is by election under this

Constitution;

“population quota ”-

(a) when used with reference to a Senatorial district, means the

number obtained by dividing the number of the inhabitants

of a State by the number of districts into which that State is

divided under section71 (a) of this Constitution;

(b) when used with reference to a Federal constituency, means the

number obtained by dividing the number of the inhabitants

of Nigeria by the number of Federal constituencies into which

Nigeria is divided under section 71(b) of this Constitution; and

number obtained by dividing the number of the inhabitants of

a State by the number of State constituencies into which that

State is divided under section 112 of this Constitution;

“power ” includes function and duty;

211

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations“prescribed ” means prescribed by or under this Constitution or

any other law;

“President ” or “ Vice-President ” means the President or Vice-

President of the Federal Republic of Nigeria;

“public service of the Federation ” means the service of the

Federation in any capacity in respect of the Government of the

Federation, and includes service as-

(a) Clerk or other staff of the National Assembly or of each

House of the National Assembly;

(b) member of staff of the Supreme Court, the Court of Appeal,

the Federal High Court, the National Industrial Court , the

High Court of the Federal Capital Territory, Abuja, the Sharia

Court of Appeal of the Federal Capital Territory, Abuja, the

Customary Court of Appeal of the Federal Capital Territory,

Abuja; or other courts established for the Federation by this

Constitution and by an Act of the National Assembly;

the Federation by this Constitution or by an Act of the National

Assembly;

(d) staff of any area council;

(e) staff of any statutory corporation established by an Act of

the National Assembly;

(f) staff of any educational institution established or financed

principally by the Government of the Federation;

(g) staff of any company or enterprise in which the Government

of the Federation or its agency owns controlling shares or

interest; and

(h) members or officers of the armed forces of the Federation or

the Nigeria Police Force or other government security agencies

established by law;[Definition of

public service of

the Federation

under Section 318

is altered by the

Constitution of

Federal Republic

of Nigeria (Third

Alteration Act)

2010]

212

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations“public service of a State ” means the service of the State in any

capacity in respect of the Government of the State and includes

service as -

(a) Clerk or other staff of the House of Assembly;

(b) member of staff of the High Court, the Sharia Court of Appeal,

the Customary Court of Appeal; or other courts established for

a State by this Constitution or by a Law of a House of Assembly;

for the State by this Constitution or by a Law of a House of

Assembly;

(d) staff of any local government council;

(e) staff of any statutory corporation established by a Law of a

House of Assembly;

(f) staff of any educational institution established or financed

principally by a government of a State; and

(g) staff of any company or enterprise in which the government

of a State or its agency holds controlling shares or interest;

“School Certificate or its equivalent ” means -

(a) a Secondary School Certificate or its equivalent, or Grade II

Teacher’s Certificate, the City and Guilds Certificate; or

(b) education up to Secondary School Certificate level; or

(i) service in the public or private sector in the Federation in

any capacity acceptable to the Independent National Electoral

Commission for a minimum of ten years; and

(ii) attendance at courses and training in such institutions as

may be acceptable to the Independent National Electoral

Commission for periods totalling up to a minimum of one year;

and

213

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(iii) the ability to read, write, understand and communicate in

the English language to the satisfaction of the Independent

National Electoral Commission; and

(d) any other qualification acceptable by the Independent

National Electoral Commission;

“Secret society ” includes any society, association, group or body

of persons (whether registered or not) -

(a) that uses secret signs, oaths, rites or symbols and which is

formed to promote a cause, the purpose or part of the purpose

of which is to foster the interest of its members and to aid one

another under any circumstances without due regard to merit,

fair play or justice, to the detriment of the legitimate interest of

those who are not members;

(b) the membership of which is incompatible with the function

or dignity of any public office under this Constitution and whose

members are sworn to observe oaths of secrecy; or

large, the names of whose members are kept secret and

whose meetings and other activities are held in secret;

“State ” when used otherwise than in relation to one of the

component parts of the Federation, includes government.

(2) Wherever it is provided that any authority or person has power

to make, recommend or approve an appointment to an office,

such power shall be construed as including the power to make,

recommend or approve a person for such appointment, whether on

promotion or otherwise, or to act in any such office.

(3) In this Constitution, references to a person holding an office

shall include references to a person acting in such office.

(4) The Interpretation Act shall apply for the purpose of interpreting

the provisions of this Constitution.

[Cap. I23 LFN]

214

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations319. Citation

This Constitution may be cited as the Constitution of the Federal

Republic of Nigeria 1999.

320. Commencement

The provisions of this Constitution shall come into force on 29th

day of May 1999.

215

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsSCHEDULES

FIRST SCHEDULE

[Section 3]

PART I

States of the Federation

State Local Government Areas Capital City

Abia Aba North, Aba South, Arochukwu,

Bende, Ikwuano, Isiala-Ngwa North,

Isiala-Ngwa South, Isuikwuato, Obi

Ngwa, Ohafia, Osisioma Ngwa,

Ugwunagbo, Ukwa East, Ukwa West,

Umuahia North, Umuahia South, Umu-

Nneochi Umuahia

Adamawa Demsa, Fufore, Ganye, Girei, Gombi,

Guyuk, Hong, Jada, Lamurde,

Madagali, Maiha, Mayo-Belwa,

Michika, Mubi North, Mubi South,

Numan, Shelleng, Song, Toungo, Yola

North, Yola SouthYola

Akwa

Ibom Abak, Eastern Obolo, Eket, Esit Eket,

Essien Udim, Etim Ekpo, Etinan, Ibeno,

Ibesikpo Asutan, Ibiono Ibom, Ika,

Ikono, Ikot Abasi, Ikot Ekpene, Ini, Itu,

Mbo, Mkpat Enin, Nsit Atai, Nsit Ibom,

Nsit Ubium, Obot Akara, Okobo,

Onna, Oron, Oruk Anam, Udung Uko,

Ukanafun, Uruan, Urue-Offong/Oruko,

UyoUyo

216

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsAnambra Aguata, Anambra East, Anambra West,

Anaocha, Awka North, Awka South,

Ayamelum, Dunukofia, Ekwusigo,

Idemili North, Idemili South, Ihiala,

Njikoka, Nnewi North, Nnewi South,

Ogbaru, Onitsha North, Onitsha South,

Orumba North, Orumba South, OyiAwka

Bauchi Alkaleri, Bauchi, Bogoro, Damban,

Darazo, Dass, Gamawa, Ganjuwa,

Giade, Itas/Gadau, Jama’are,

Katagum, Kirfi, Misau, Ningi, Shira,

Tafawa-Balewa, Toro, Warji, Zaki Bauchi

Bayelsa Brass, Ekeremor, Kolokuma/Opokuma,

Nembe, Ogbia, Sagbama, Southern

Ijaw, YenegoaYenegoa

Benue Ado, Agatu, Apa, Buruku, Gboko,

Guma, Gwer East, Gwer West,

Katsina-Ala, Konshisha, Kwande,

Logo, Makurdi, Obi, Ogbadibo, Oju,

Okpokwu, Ohimini, Oturkpo, Tarka,

Ukum, Ushongo, VandeikyaMakurdi

Borno Abadam, Askira/Uba, Bama, Bayo,

Biu, Chibok, Damboa, Dikwa, Gubio,

Guzamala, Gwoza, Hawul, Jere, Kaga,

Kala/Balge, Konduga, Kukawa, Kwaya

Kusar, Mafa, Magumeri, Maiduguri,

Marte, Mobbar, Monguno, Ngala,

Nganzai, ShaniMaiduguri

Cross

River Abi, Akamkpa, Akpabuyo, Bakassi,

Bekwara, Biase, Boki, Calabar-

Municipal, Calabar South, Etung, Ikom,

Obanliku, Obubra, Obudu, Odukpani,

Ogoja, Yakurr, Yala Calabar

217

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsDelta Aniocha North, Aniocha South,

Bomadi, Burutu, Ethiope East, Ethiope

West, Ika North East, Ika South, Isoko

North, Isoko South, Ndokwa East,

Ndokwa West, Okpe, Oshimili North,

Oshimili South, Patani, Sapele, Udu,

Ughelli North, Ughelli South, Ukwuani,

Uvwie, Warri North, Warri South, Warri

South WestAsaba

Ebonyi Abakaliki, Afikpo , Edda , Ebonyi, Ezza

North, Ezza South, Ikwo, Ishielu, Ivo,

Izzi, Ohaozara, Ohaukwu, Onicha Abakaliki

Edo Akoko-Edo, Egor, Esan Central, Esan

North East, Esan South East, Esan

West, Etsako Central, Etsako East,

Etsako West, Igueben, Ikpoba-Okha,

Oredo, Orhionmwon, Ovia North East,

Ovia South West, Owan East, Owan

West, UhunmwondeBenin City

Ekiti Ado Ekiti, Aiyekire, Efon, Ekiti East,

Ekiti South West, Ekiti West, Emure,

Ido-Osi, Ijero, Ikere, Ikole, Ilejemeji,

Irepodun/Ifelodun, Ise/Orun, Moba,

OyeAdo Ekiti

Enugu Aninri, Awgu, Enugu East, Enugu

North, Enugu South, Ezeagu, Igbo-

Etiti, Igbo-Eze North, Igbo-Eze South,

Isi-Uzo, Nkanu East, Nkanu West,

Nsukka, Oji-River, Udenu, Udi, Uzo-

UwaniEnugu

Gombe Akko, Balanga, Billiri, Dukku,

Funakaye, Gombe, Kaltungo, Kwami,

Nafada, Shomgom, Yamaltu/DebaGombe[First Schedule, Part

I is altered by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No.1)

Act), 2023]

218

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsImo Aboh-Mbaise, Ahiazu-Mbaise, Ehime-

Mbano, Ezinihitte, Ideato North, Ideato

South, Ihitte/Uboma, Ikeduru, Isiala

Mbano, Isu, Mbaitoli, Ngor-Okpala,

Njaba, Nwangele, Nkwerre, Obowo,

Oguta, Ohaji/Egbema, Okigwe, Orlu,

Orsu, Oru East, Oru West, Owerri-

Municipal, Owerri North, Owerri West,

OnuimoOwerri

Jigawa Auyo, Babura, Birnin Kudu, Biriniwa,

Buji, Dutse, Gagarawa, Garki, Gumel,

Guri, Gwaram, Gwiwa, Hadejia, Jahun,

Kafin Hausa, Kaugama, Kazaure, Kiri

Kasamma, Kiyawa, Maigatari, Malam

Madori, Miga, Ringim, Roni, Sule-

Tankarkar, Taura, YankwashiDutse

Kaduna Birnin-Gwari, Chikun, Giwa, Igabi,

Ikara, Jaba, Jema’a, Kachia, Kaduna

North, Kaduna South, Kagarko, Kajuru,

Kaura, Kauru, Kubau, Kudan, Lere,

Markafi, Sabon-Gari, Sanga, Soba,

Zango-Kataf, ZariaKaduna

Kano Ajingi, Albasu, Bagwai, Bebeji, Bichi,

Bunkure, Dala, Dambatta, Dawakin

Kudu, Dawakin Tofa, Doguwa, Fagge,

Gabasawa, Garko, Garum Mallam,

Gaya, Gezawa, Gwale, Gwarzo, Kabo,

Kano Municipal, Karaye, Kibiya, Kiru,

Kumbotso, Ghari , Kura, Madobi,

Makoda, Minjibir, Nasarawa, Rano,

Rimin Gado, Rogo, Shanono, Sumaila,

Takai, Tarauni, Tofa, Tsanyawa, Tudun

Wada, Ungogo, Warawa, WudilKano [First Schedule, Part

I is altered by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No.2)

Act), 2023]

219

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsKatsina Bakori, Batagarawa, Batsari, Baure,

Bindawa, Charanchi, Dandume, Danja,

Dan Musa, Daura, Dutsi, Dutsin-Ma,

Faskari, Funtua, Ingawa, Jibia, Kafur,

Kaita, Kankara, Kankia, Katsina, Kurfi,

Kusada, Mai’Adua, Malumfashi, Mani,

Mashi, Matazu, Musawa, Rimi, Sabuwa,

Safana, Sandamu, ZangoKatsina

Kebbi Aleiro, Arewa-Dandi, Argungu, Augie,

Bagudo, Birnin Kebbi, Bunza, Dandi,

Fakai, Gwandu, Jega, Kalgo, Koko/

Besse, Maiyama, Ngaski, Sakaba,

Shanga, Suru, Wasagu/Danko, Yauri,

ZuruBirnin

Kebbi

Kogi Adavi, Ajaokuta, Ankpa, Bassa, Dekina,

Ibaji, Idah, Igalamela-Odolu, Ijumu,

Kabba/Bunu, Kogi, Lokoja, Mopa-

Muro, Ofu, Ogori/Magongo, Okehi,

Okene, Olamabolo, Omala, Yagba

East, Yagba WestLokoja

Kwara Asa, Baruten, Edu, Ekiti, Ifelodun,

Ilorin East, Ilorin South, Ilorin West,

Irepodun, Isin, Kaiama, Moro, Offa,

Oke-Ero, Oyun, PategiIlorin

Lagos Agege, Ajeromi-Ifelodun, Alimosho,

Amuwo-Odofin, Apapa, Badagry, Epe,

Eti-osa, Ibeju/Lekki, Ifako-Ijaye, Ikeja,

Ikorodu, Kosofe, Lagos Island, Lagos

Mainland, Mushin, Ojo, Oshodi-Isolo,

Shomolu, SurulereIkeja

Nasarawa Akwanga, Awe, Doma, Karu, Keana,

Keffi, Kokona, Lafia, Nasarawa,

Nasarawa- Eggon, Obi, Toto, WambaLafia

220

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsNiger Agaie, Agwara, Bida, Borgu, Bosso,

Chanchaga, Edati, Gbako, Gurara,

Katcha, Kontagora, Lapai, Lavun,

Magama, Mariga, Mashegu, Mokwa,

Muya, Paikoro, Rafi, Rijau, Shiroro,

Suleja, Tafa, WushishiMinna

Ogun Abeokuta North, Abeokuta South,

Ado-Odo/Ota, Yewa North , Yewa

South , Ewekoro, Ifo, Ijebu East, Ijebu

North, Ijebu North East, Ijebu Ode,

Ikenne, Imeko- Afon, Ipokia, Obafemi-

Owode, Ogun Waterside, Odeda,

Odogbolu, Remo North, ShagamuAbeokuta

Ondo Akoko North East, Akoko North West,

Akoko South East, Akoko South West,

Akure North, Akure South, Ese-

Odo, Idanre, Ifedore, Ilaje, Ile-Oluji-

Okeigbo, Irele, Odigbo, Okitipupa,

Ondo East, Ondo West, Ose, OwoAkure

Osun Aiyedade, Aiyedire, Atakumosa East,

Atakumosa West, Boluwaduro, Boripe,

Ede North, Ede South, Egbedore,

Ejigbo, Ife Central, Ife East, Ife North,

Ife South, Ifedayo, Ifelodun, Ila, Ilesha

East, Ilesha West, Irepodun, Irewole,

Isokan, Iwo, Obokun, Odo-Otin,

Ola-Oluwa, Olorunda, Oriade, Orolu,

OsogboOsogbo[First

Schedule, Part I

is altered by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No.3)

Act), 2023]

221

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsOyo Afijio, Akinyele, Atiba, Atisbo , Egbeda,

Ibadan Central, Ibadan North, Ibadan

North West, Ibadan South East, Ibadan

South West, Ibarapa Central, Ibarapa

East, Ibarapa North, Ido, Irepo, Iseyin,

Itesiwaju, Iwajowa, Kajola, Lagelu,

Ogbomosho North, Ogbmosho South,

Ogo Oluwa, Olorunsogo, Oluyole,

Ona-Ara, Orelope, Ori Ire, Oyo East,

Oyo West, Saki East, Saki West,

SurulereIbadan

Plateau Barikin Ladi, Bassa, Bokkos, Jos East,

Jos North, Jos South, Kanam, Kanke,

Langtang North, Langtang South,

Mangu, Mikang, Pankshin, Qua’an Pan,

Riyom, Shendam, WaseJos

Rivers Abua/Odual, Ahoada East, Ahoada

West, Akuku Toru, Andoni, Asari-Toru,

Bonny, Degema, Emohua, Eleme,

Etche, Gokana, Ikwerre, Khana, Obio/

Akpor , Ogba/Egbema/Ndoni, Ogu/

Bolo, Okrika, Omumma, Opobo/

Nkoro, Oyigbo, Port- Harcourt, TaiPort-

Harcourt

Sokoto Binji, Bodinga, Dange-shuni, Gada,

Goronyo, Gudu, Gwadabawa, Illela,

Isa, Kware, Kebbe, Rabah, Sabon Birni,

Shagari, Silame, Sokoto North, Sokoto

South, Tambuwal, Tangaza, Tureta,

Wamakko, Wurno, YaboSokoto

Taraba Ardo-Kola, Bali, Donga, Gashaka,

Gassol, Ibi, Jalingo, Karim-Lamido,

Kurmi, Lau, Sardauna, Takum, Ussa,

Wukari, Yorro, ZingJalingo[First Schedule, Part

I is altered by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No.4)

Act), 2023]

[First Schedule, Part

I is altered by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No.5)

Act), 2023]

222

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsYobe Bade, Bursari, Damaturu, Fika, Fune,

Geidam, Gujba, Gulani, Jakusko,

Karasuwa, Karawa, Machina, Nangere,

Nguru, Potiskum, Tarmua, Yunusari,

YusufariDamaturu

Zamfara Anka, Bakura, Birnin Magaji,

Bukkuyum, Bungudu, Gummi, Gusau,

Kaura Namoda, Maradun, Maru,

Shinkafi, Talata Mafara, Tsafe, ZurmiGusau

PART II

1. Definition of Area Councils of Federal Capital Territory,

Abuja

[Sections 3 and 297]

The definition of the boundaries of the Federal Capital Territory,

Abuja referred to under Chapters I and VIII of this Constitution is

as follows -

Starting from the village called Izom on 7° E Longitude and 9° 15’

Latitude, project a straight line westward to a point just north of Lehu

on the Kemi River; then project a line along 6° 47½’ E southward

passing close to the villages called Semasu, Zui and Bassa down

to a place a little west of Abaji town; thence project a line along

parallel 8° 27½’ N Latitude to Ahinza village 7° 6’E (on Kanama

River); thence a straight line to Buga Village on 8 ° 30 ‘N Latitude

and 7 ° 20’E Longitude; thence draw a line northwards joining the

villages of Odu, Karshi and Karu. From Karu the line shall proceed

along the boundary between the Niger and Nasarawa States as far

as Kawu; thence the line shall proceed along the boundary between

Kaduna and Niger States up to a point just north of Bwari village;

thence the line goes straight to Zuba village and thence straight to

Izom. [First Schedule,

Part II is altered by

the Constitution

of the Federal

Republic of

Nigeria, 1999

(Fifth Alteration)

(No. 32) Act, 2023]

223

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations2. Federal Capital Territory, Abuja

Area Councils

Area Council Headquarters

Abaji Abaji

Abuja Municipal Garki

Bwari Bwari

Gwagwalada Gwagwalada

Kuje Kuje

Kwali Kwali

224

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsSECOND SCHEDULE

[Section 4]

Legislative Powers

PART I

Exclusive Legislative List

Item

1. Accounts of the Government of the Federation, and of offices,

courts, and authorities thereof, including audit of those

accounts.

2. Arms, ammunition and explosives.

3. Aviation, including airports, safety of aircraft and carriage of

passengers and goods by air.

4. Awards of national titles of honour, decorations and other

dignities.

5. Bankruptcy and insolvency.

6. Banks, banking, bills of exchange and promissory notes.

7. Borrowing of moneys within or outside Nigeria for the

purposes of the Federation or of any State.

8. Census, including the establishment and maintenance of

machinery for continuous and universal registration of births

and deaths throughout Nigeria.

9. Citizenship, naturalisation and aliens.

10. Commercial and industrial monopolies, combines and trusts.

11. Construction, alteration and maintenance of such roads as

may be declared by the National Assembly to be Federal trunk

roads.

12. Control of capital issues.

13. Copyright.

14. Creation of States.

15. Currency, coinage and legal tender.

16. Customs and excise duties .

17. Defence.

18. Deportation of persons who are not citizens of Nigeria.

19. Designation of securities in which trust funds may be invested.

225

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations20. Diplomatic, consular and trade representation.

21. Drugs and poisons.

22. Election to the offices of President and Vice-President or

Governor and Deputy Governor and any other office to which

a person may be elected under this Constitution, excluding

election to a local government council or any office in such

council.

23. Evidence.

24. Exchange control.

25. Export duties.

26. External affairs.

27. Extradition

28. Fingerprints, identification and criminal records.

29. Fishing and fisheries other than fishing and fisheries in rivers,

lakes, waterways, ponds and other inland waters within

Nigeria.

30. Immigration into and emigration from Nigeria.

31. Implementation of treaties relating to matters on this list.

32. Incorporation, regulation and winding up of bodies corporate,

other than co-operative societies, local government councils

and bodies corporate established directly by any law enacted

by a House of Assembly of a State.

33. Insurance.

34. Labour, including trade unions, industrial relations; conditions,

safety and welfare of labour; industrial disputes; prescribing a

national minimum wage for the Federation or any part thereof;

and industrial arbitrations.

35. Legal proceedings between Governments of States or

between the Government of the Federation and Government

of any State or any other authority or person.

36. Maritime shipping and navigation, including –

(a) shipping and navigation on tidal waters;

(b) shipping and navigation on the River Niger and its affluents

and on any such other inland waterway as may be designated

by the National Assembly to be an international waterway or

to be an inter-State waterway;

provisions for the safety of shipping and navigation;

226

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(d) such ports as may be declared by the National Assembly to

be Federal ports (including the constitution and powers of port

authorities for Federal ports).

37. Meteorology

38. Military (Army, Navy and Air Force) including any other branch

of the armed forces of the Federation.

39. Mines and minerals, including oilfields, oil mining, geological

surveys and natural gas.

40. National parks being such areas in a State as may, with the

consent of the Government of that State, be designated by

the National Assembly as national parks.

41. Nuclear energy.

42. Passports and visas.

43. Patents, trade marks, trade or business names, industrial

designs and merchandise marks.

44. Pensions, gratuities and other like benefits payable out of the

Consolidated Revenue Fund or any other public funds of the

Federation.

45. Police and other government security services established by

law.

46. Posts, telegraphs and telephones.

47. Powers of the National Assembly, and the privileges and

immunities of its members.

48. Prisons.

49. Professional occupations as may be designated by the

National Assembly.

50. Public debt of the Federation.

51. Public holidays.

52. Public relations of the Federation.

53. Public service of the Federation including the settlement of

disputes between the Federation and officers of such service.

54. Quarantine.

55. Railways.

56. Formation and Regulation of political parties.

57. Service and execution in a State of the civil and criminal

processes, judgments, acts, orders and other decisions

of any court of law outside Nigeria or any court of law in

Nigeria other than a court of law established by the House of

Assembly of that State. Item 56 is altered

by the Constitu -

tion of the Federal

Republic of Nigeria

(First Alteration

Act) 2010][Items 48

and 55 are

deleted

by the

Constitution

of the Federal

Republic

of Nigeria,

1999 (Fifth

Alteration)

(No. 15 & 16)

Acts, 2023]

227

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations58. Stamp duties.

59. Taxation of incomes, profits and capital gains, except as

otherwise prescribed by this Constitution.

60. The establishment and regulation of authorities for the

Federation or any part thereof -

(a) to promote and enforce the observance of the Fundamental

Objectives and Directive Principles contained in this

Constitution;

(b) to identify, collect, preserve or generally look after ancient

and historical monuments and records and archaeological

sites and remains declared by the National Assembly to be of

national significance or national importance;

and libraries established by the Government of a State;

(d) to regulate tourist traffic; and

(e) to prescribe minimum standards of education at all levels.

61.The formation, annulment and dissolution of marriages other

than marriages under Islamic law and customary law including

matrimonial causes relating thereto.

62.Trade and commerce, and in particular –

(a) trade and commerce between Nigeria and other countries

including import of commodities into and export of commodities

from Nigeria, and trade and commerce between the States;

(b) establishment of a purchasing authority with power to acquire

for export or sale in world markets such agricultural produce as

may be designated by the National Assembly;

enforcement of grades and standards of quality in respect of

produce so inspected;

(d) establishment of a body to prescribe and enforce

standards of goods and commodities offered for sale;

228

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(e) control of the prices of goods and commodities designated

by the National Assembly as essential goods or commodities;

and

(f) registration of business names.

63. Traffic on Federal trunk roads.

64. Water from such sources as may be declared by the National

Assembly to be sources affecting more than one State.

65. Weights and measures.

66. Wireless, broadcasting and television other than broadcasting

and television provided by the Government of a State;

allocation of wave-lengths for wireless, broadcasting and

television transmission.

67. Any other matter with respect to which the National Assembly

has power to make laws in accordance with the provisions of

this Constitution.

68. Any matter incidental or supplementary to any matter

mentioned elsewhere in this list.

PART II

[Section 4]

Concurrent Legislative List

Item Extent of Federal and State Legislative powers

A- Allocation of revenue, etc.

1. Subject to the provisions of this Constitution, the National

Assembly may by an Act make provisions for –

(a) the division of public revenue –

(i) between the Federation and the States,

(ii) among the States of the Federation,

(iii) between the States and local government councils,

(iv) among the local government councils in the States; and

(b) grants or loans from and the imposition of charges upon the

Consolidated Revenue Fund or any other public funds of the

229

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsFederation or for the imposition of charges upon the revenue

and assets of the Federation for any purpose notwithstanding

that it relates to a matter with respect to which the National

Assembly is not empowered to make laws.

2. Subject to the provisions of this Constitution, any House of

Assembly may make provisions for grants or loans from and the

imposition of charges upon any of the public funds of that State

or the imposition of charges upon the revenue and assets of that

State for any purpose notwithstanding that it relates to a matter

with respect to which the National Assembly is empowered to

make laws.

B- Antiquities and monuments

3. The National Assembly may make laws for the Federation or

any part thereof with respect to such antiquities and monuments

as may, with the consent of the State in which such antiquities and

monuments are located, be designated by the National Assembly

as National Antiquities or National Monuments but nothing in this

paragraph shall preclude a House of Assembly from making laws

for the State or any part thereof with respect to antiquities and

monuments not so designated in accordance with the foregoing

provisions.

C- Archives

4. The National Assembly may make laws for the Federation or any

part thereof with respect to the archives and public records of the

Federation.

5. A House of Assembly may, subject to paragraph 4 hereof, make

laws for that State or any part thereof with respect to archives and

public records of the Government of the State.

6. Nothing in paragraphs 4 and 5 hereof shall be construed as

enabling any laws to be made which do not preserve the archives

and records which are in existence at the date of commencement

of this Constitution, and which are kept by authorities empowered

to do so in any part of the Federation.

230

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsD. Collection of taxes

7. In the exercise of its powers to impose any tax or duty on –

(a) capital gains, incomes or profits or persons other than

companies; and

(b) documents or transactions by way of stamp duties,

the National Assembly may, subject to such conditions as it may

prescribe, provide that the collection of any such tax or duty or

the administration of the law imposing it shall be carried out by

the Government of a State or other authority of a State.

8. Where an Act of the National Assembly provides for the

collection of tax or duty on capital gains, incomes or profit or the

administration of any law by an authority of a State in accordance

with paragraph 7 hereof, it shall regulate the liability of persons to

such tax or duty in such manner as to ensure that such tax or duty is

not levied on the same person by more than one State.

9. A House of Assembly may, subject to such conditions as it may

prescribe, make provisions for the collection of any tax, fee or rate

or for the administration of the Law providing for such collection by

a local government council.

10. Where a law of a House of Assembly provides for the collection

of tax, fee or rate or for the administration of such law by a local

government council in accordance with the provisions hereof, it

shall regulate the liability of persons to the tax, fee or rate in such

manner as to ensure that such tax, fee or rate is not levied on the

same person in respect of the same liability by more than one local

government council.

10A Correctional Services

(1) The National Assembly may make laws for the Federation or any

part thereof with respect to -

(a) correctional service and the establishment in any part of the

Federation of correctional centres and custodial facilities; and [Paragraph 10A

is inserted by

the Constitution

of the Federal

Republic of

Nigeria, 1999

(Fifth Alteration)

(No. 15) Act,

2023]

231

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations (b) the establishment of any authority for the management of

federal correctional centres and custodial facilities in any part of

the Federation.

(2) A House of Assembly may make laws for the State with respect

to -

(a) correctional service and the establishment in that State of

correctional centres and custodial facilities; and

(b) the establishment in that State of any authority for the

management of State correctional centres and custodial facilities

in any part of that State.

E- Electoral law

11. The National Assembly may make laws for the Federation with

respect to the registration of voters and the procedure regulating

elections to a local government council.

12. Nothing in paragraph 11 hereof shall preclude a House of

Assembly from making laws with respect to election to a local

government council in addition to but not inconsistent with any law

made by the National Assembly.

F- Electric power

13. The National Assembly may make laws for the Federation or

any part thereof with respect to-

(a) electricity and the establishment of electric power stations;

(b) the generation and transmission of electricity in or to any part

of the Federation and from one State to another State;

up or otherwise interfere with the flow of water from sources in

any part of the Federation;

(d) the participation of the Federation in any arrangement with

another country for the generation, transmission and distribution

of electricity for any area partly within and partly outside the

Federation;

232

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(e) the promotion and establishment of a national grid system;

and

(f) the regulation of the right of any person or authority to

use, work or operate any plant, apparatus, equipment or work

designed for the supply or use of electrical energy.

14. A House of Assembly may make laws for the State with respect

to –

(a) electricity and the establishment in that State of electric

power stations;

(b) the generation, transmission and distribution of electricity to

areas not covered by a national grid system within that State;

and

the promotion and management of electric power stations

established by the State.

15. In the foregoing provisions of this item, unless the context

otherwise requires, the following expressions have the meanings

respectively assigned to them -

“distribution ” means the supply of electricity

from a sub-station to the ultimate consumer;

“management ” includes maintenance, repairs or replacement;

“power station ” means an assembly of plant or equipment for the

creation or generation of electrical energy; and

“transmission ” means the supply of electricity from a power

station to a sub-station or from one sub-station to another sub-

station, and the reference to a “ sub-station ” herein is a reference

to an assembly of plant, machinery or equipment for distribution of

electricity.

G- Exhibition of cinematograph films

16. The National Assembly may make laws for the establishment of

an authority with power to carry out censorship of cinematograph

films and to prohibit or restrict the exhibition of such films; and

nothing herein shall - [Second Schedule,

Part II, Item 14(b)

is altered by the

Constitution of the

Federal Republic

of Nigeria, 1999

(Fifth Alteration)

(No. 17) Act, 2023]

233

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) preclude a House of Assembly from making provision for a

similar authority for that State; or

(b) authorise the exhibition of a cinematograph film in a State

without the sanction of the authority established by the Law of

that State for the censorship of such films.

H. Industrial, commercial and agricultural development

17. The National Assembly may make laws for the Federation or

any part thereof with respect to -

(a) the health, safety and welfare of persons employed to

work in factories, offices or other premises or in inter-State

transportation and commerce including the training, supervision

and qualification of such persons;

(b) the regulation of ownership and control of business

enterprises throughout the Federation for the purpose of

promoting, encouraging or facilitating such ownership and

control by citizens of Nigeria;

and

(d) the establishment of institutions and bodies for the

promotion or financing of industrial, commercial or agricultural

projects.

18. Subject to the provisions of this Constitution, a House of

Assembly may make laws for that State with respect to industrial,

commercial or agricultural development of the State.

19. Nothing in the foregoing paragraphs of this item shall be

construed as precluding a House of Assembly from making laws with

respect to any of the matters referred to in the foregoing paragraphs.

20. For the purposes of the foregoing paragraphs of this item, the

word “ agricultural ” includes fishery.

234

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations20A. Railways

(1) The National Assembly may make laws for the Federation or any

part thereof with respect to -

(a) construction and maintenance of inter-state railway tracks

and infrastructures;

(b) establishment of a national railway agency for the regulation

of railway operations throughout the Federation; and

for inter-state transportation throughout the Federation.

(2) A House of Assembly of a State may make laws for the State

with respect to the establishment, operation and maintenance of a

State railway carrier within the State including the construction and

maintenance of railway tracks and infrastructures within the State.

I- Scientific and technological research

21. The National Assembly may make laws to regulate or co-ordinate

scientific and technological research throughout the Federation.

22. Nothing herein shall prelude a House of Assembly from

establishing or making provisions for an institution or other

arrangement for the purpose of scientific and technological

research.

J- Statistics

23. The National Assembly may make laws for the Federation

or any part thereof with respect to statistics so far as the subject

matter relates to -

(a) any matter upon which the National Assembly has power to

make laws; and

(b) the organisation of co-ordinated scheme of statistics for the

Federation or any part thereof on any matter whether or not it

has power to make laws with respect thereto.[Paragraph 20A

is inserted by the

Constitution of the

Federal Republic

of Nigeria, 1999

(Fifth Alteration)

(No. 16) Act, 2023]

235

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations24. A House of Assembly may make Laws for the State with

respect to statistics and on any matter other than that referred to in

paragraph 23 (a) of this item.

K- Trigonometrical, cadastral and topographical surveys

25. The National Assembly may make laws for the Federation or

any part thereof with respect to trigonometrical, cadastral and

topographical surveys.

26. A House of Assembly may, subject to paragraph 25 hereof,

make laws for that State or any part thereof with respect to

trigonometrical, cadastral and topographical surveys.

L- University, technological and post-primary education

27. The National Assembly shall have power to make laws for the

Federation or any part thereof with respect to university education,

technological education or such professional education as may

from time to time be designated by the National Assembly.

28. The power conferred on the National Assembly under paragraph

27 of this item shall include power to establish an institution for the

purposes of university, post-primary, technological or professional

education.

29. Subject as herein provided, a House of Assembly shall have

power to make laws for the State with respect to the establishment

of an institution for purposes of university, technological or

professional education.

30. Nothing in the foregoing paragraphs of this item shall be

construed so as to limit the powers of a House of Assembly to make

laws for the State with respect to technical, vocational, post-primary,

primary or other forms of education, including the establishment of

institutions for the pursuit of such education.

236

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART III

Supplemental and Interpretation

1. Where by this Schedule the National Assembly is required to

designate any matter or thing or to make any declaration, it may

do so either by an Act of the National Assembly or by a resolution

passed by both Houses of the National Assembly.

2. In this Schedule, references to incidental and supplementary

matters include, without prejudice to their generality, references

to -

(a) offences;

(b) the jurisdiction, powers, practice and procedure of courts of

law; and

237

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsTHIRD SCHEDULE

PART I

Federal Executive Bodies (established by section 153)

A - Code of Conduct Bureau

1. The Code of Conduct Bureau shall comprise the following

members-

(a) a Chairman; and

(b) nine other members,

each of whom at the time of appointment, shall not be less than

fifty years of age and subject to the provisions of section 157 of this

Constitution shall vacate his office on attaining the age of seventy

years.

2. The Bureau shall establish such offices in each State of the

Federation as it may require for the discharge of its functions under

this Constitution.

3. The Bureau shall have power to –

(a) receive declarations by public officers made under paragraph

12 of Part I of the Fifth Schedule to this Constitution;

(b) examine the declarations in accordance with the requirements

of the Code of Conduct or any law;

for inspection by any citizen of Nigeria on such terms and

conditions as the National Assembly may prescribe;

(d) ensure compliance with and, where appropriate, enforce the

provisions of the Code of Conduct of any law relating thereto;

(e) receive complaints about non-compliance with or breach of

the provisions of the Code of Conduct or any law in relation

thereto, investigate the complaint and, where appropriate, refer

such matters to the Code of Conduct Tribunal;

238

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(f) appoint, promote, dismiss and exercise disciplinary control

over the staff of the Code of Conduct Bureau in accordance with

the provisions of an Act of the National Assembly enacted in

that behalf; and

(g) carry out such other functions as may be conferred upon it

by the National Assembly.

4. The terms and conditions of service of the staff of the Code of

Conduct Bureau shall be the same as those provided for public

officers in the civil service of the Federation.

B - Council of State

5. The Council of State shall comprise the following persons –

(a) the President, who shall be the Chairman;

(b) the Vice-President, who shall be the Deputy Chairman;

of the Government of the Federation;

(d) all former Chief Justices of Nigeria;

(e) the President of the Senate;

(f) the Speaker of the House of Representatives;

(g) all the Governors of the States of the Federation; and

(h) the Attorney-General of the Federation.

6. The Council shall have power to-

(a) advise the President in the exercise of his powers with respect

to the-

(i) national population census and compilation, publication

and keeping of records and other information concerning the

same;

(ii) prerogative of mercy;

(iii) award of national honours;

239

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(iv) the Independent National Electoral Commission (including

the appointment of members of that Commission);

(v) the National Judicial Council (including the appointment of

the members, other than ex-officio members of that Council);

and

(vi) the National Population Commission (including the

appointment of members of that Commission); and

(b) advise the President whenever requested to do so on the

maintenance of public order within the Federation or any part

thereof and on such other matters as the President may direct.

C - Federal Character Commission

7. Federal Character Commission

(1) The Federal Character Commission shall comprise the following

members-

(a) a Chairman; and

(b) one person to represent each of the states of the Federation

and the Federal Capital Territory, Abuja.

(2) The Chairman and members shall be appointed by the President,

subject to confirmation by the Senate.

8. (1) In giving effect to the provisions of section 14(3) and (4) of this

Constitution, the Commission shall have the power to-

(a) work out an equitable formula subject to the approval of the

National Assembly for the distribution of all cadres of posts in

the public service of the Federation and of the States, the armed

forces of the Federation, the Nigeria Police Force and other

government security agencies, government owned companies

and parastatals of the States;

(b) promote, monitor and enforce compliance with the principles

of proportional sharing of all bureaucratic, economic, media and

political posts at all levels of government;

head or staff of any Ministry or government body or agency

240

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationswhich fails to comply with any federal character principle or

formula prescribed or adopted by the Commission; and

(d) carry out such other functions as may be conferred upon it by

an Act of the National Assembly.

(2) The posts mentioned in sub-paragraph (1)(a) and (b) of this

paragraph shall include those of the Permanent Secretaries,

Directors-General in Extra-Ministerial Departments and parastatals,

Directors in Ministries and Extra-Ministerial Departments, senior

military officers, senior diplomatic posts and managerial cadres in

the Federal and State parastatals, bodies, agencies and institutions.

(3) Notwithstanding any provision in any other law or

enactment, the Commission shall ensure that every public

company or corporation reflects the federal character in the

appointments of its directors and senior management staff.

9. Duty of Board of Directors

It shall be the duty of the Board of Directors of every State-owned

enterprise to recognise and promote the principle of federal

character in the ownership and management structure of the

company.

D - Federal Civil Service Commission

10. Federal Civil Service Commission

The Federal Civil Service Commission shall comprise the following

members –

(a) a Chairman; and

(b) not more than fifteen other members,

who shall, in the opinion of the President, be persons of

unquestionable integrity and sound political judgment.

11. (1) The Commission shall without prejudice to the powers

vested in the President, the National Judicial Council, the Federal

Judicial Service Commission, the National Population Commission

and the Police Service Commission, have power -

241

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(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 of heads 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.

E - Federal Judicial Service Commission

12. Federal Judicial Service Commission

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;

(d) the Chief Judge of the Federal High Court;

(dd) the President of the National Industrial 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,

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.

13. 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, [Third Schedule,

Item E, paragraph

12(dd) is inserted

by the Constitution

of Federal Republic

of Nigeria (Third

Alteration Act)

2010]

242

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(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 Judge of the Federal High Court,

(via) the President of the National Industrial Court,

(vib) a Judge of the National Industrial Court, and

(vii) the Chairman and members of the Code of Conduct

Tribunal;

(b) recommend to the National Judicial Council, the removal

from office of the judicial officers specified in sub-paragraph (a)

of this paragraph; and

Chief Registrars and Deputy Chief Registrars of the Supreme

Court, the Court of Appeal, the Federal High Court, the National

Industrial Court and all other members of the staff of the

judicial service of the Federation not otherwise specified in this

Constitution and of the Federal Judicial Service Commission.

F - Independent National Electoral Commission

14. (1) The Independent National Electoral Commission shall

comprise the following members –

(a) a Chairman, who shall be the Chief Electoral Commissioner;

and

(b) twelve other members to be known as National Electoral

Commissioners.

(2) A member of the Commission shall-

(a) be non-partisan and a person of unquestionable integrity;

and

(b) be not less than 40 years of age in the case of the Chairman

and not less than 35 years of age in the case of the National

Commissioners.

(3) There shall be for each State of the Federation and the Federal

Capital Territory, Abuja, a Resident Electoral Commissioner who

shall – [Third Schedule, Item

E, paragraph 13(via)

and (vib) are inserted

by the Constitution

of Federal Republic

of Nigeria (Third

Alteration Act) 2010]

[Third Schedule, Item

E, paragraph 13(c)

is altered by the

Constitution of Federal

Republic of Nigeria

(Third Alteration Act)

2010]

[Third Schedule, Item

F, paragraph 14 is

substituted by the

Constitution of Federal

Republic of Nigeria

(First Alteration Act)

2010]

243

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) be appointed by the President subject to the confirmation

by the Senate;

(b) be a person of unquestionable integrity and shall not be a

member of any political party; and

15. The Commission shall have power to –

(a) organise, undertake and supervise all elections to the offices

of the President and Vice-President, the Governor and Deputy

Governor of a State, and to the membership of the Senate, the

House of Representatives and the House of Assembly of each

State of the Federation;

(b) register political parties in accordance with the provisions of

this Constitution and an Act of the National Assembly;

parties, including their finances, conventions, congresses and

party primaries;

(d) 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;

(e) arrange and conduct the registration of persons qualified to

vote and prepare, maintain and revise the register of voters for

the purpose of any election under this Constitution;

(f) monitor political campaigns and provide rules and regulations

which shall govern the political parties;

(g) ensure that all Electoral Commissioners, Electoral and

Returning Officers take and subscribe the oath of office

prescribed by law;

(h) delegate any of its powers to any Resident Electoral

Commissioner; and [Third Schedule,

Item F, paragraph

15(c) is altered by

the Constitution of

Federal Republic

of Nigeria (First

Alteration Act) 2010]

244

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(i) carry out such other functions as may be conferred upon it by

an Act of the National Assembly.

G - National Defence Council

16. National Defence Council

The National Defence Council shall comprise the following

members –

(a) the President who shall be the Chairman;

(b) the Vice-President who shall be the Deputy Chairman;

responsible for defence;

(d) the Chief of Defence Staff;

(e) the Chief of Army Staff;

(f) the Chief of Naval Staff;

(g) the Chief of Air Staff; and

(h) such other members as the President may appoint.

17. The Council shall have power to advise the President on matters

relating to the defence of the sovereignty and territorial integrity of

Nigeria.

H - National Economic Council

18. National Economic Council

The National Economic Council shall comprise the following

members –

(a) the Vice-President who shall be the Chairman;

(b) the Governor of each State of the Federation; and

under the Central Bank of Nigeria Act 1991 or any enactment

replacing that Act.

[1991 No. 24]

19. The National Economic Council shall have power to advise the

President concerning the economic affairs of the Federation, and

in particular on measures necessary for the co-ordination of the

economic planning efforts or economic programmes of the various

Governments of the Federation.

245

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsI - National Judicial Council

20. National Judicial Council

The National Judicial Council shall comprise the following members

–

(a) the Chief Justice of Nigeria who shall be the Chairman;

(b) the next most senior Justice of the Supreme Court who shall

be the Deputy Chairman;

(d) five retired Justices selected by the Chief Justice of Nigeria

from the Supreme Court or Court of Appeal;

(e) the Chief Judge of the Federal High Court;

(ee) the President of the National Industrial Court;

(f) five Chief Judges of States to be appointed by the Chief

Justice of Nigeria from among the Chief Judges of the States

and of the High Court of the Federal Capital Territory, Abuja in

rotation to serve for two years;

(g) one Grand Kadi to be appointed by the Chief Justice of

Nigeria from among Grand Kadis of the Sharia Courts of Appeal

to serve in rotation for two years;

(h) one President of the Customary Court of Appeal to be

appointed by the Chief Justice of Nigeria from among the

Presidents of the Customary Courts of Appeal to serve in rotation

for two years;

(i) five members of the Nigerian Bar Association who have

been qualified to practise for a period of not less than fifteen

years, at least one of whom shall be a Senior Advocate of

Nigeria, appointed by the Chief Justice of Nigeria on the

recommendation of the National Executive Committee of the [Third Schedule,

Item E, paragraph

20(ee) is inserted

by the Constitution

of Federal Republic

of Nigeria (Third

Alteration Act) 2010]

246

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsNigerian Bar Association to serve for two years and subject to

re-appointment:

Provided that the five members shall sit in the Council only for the

purposes of considering the names of persons for appointment

to the superior courts of record; and

(j) two persons not being legal practitioners, who in the opinion

of the Chief Justice of Nigeria, are of unquestionable integrity.

21. The National Judicial Council shall have power to –

(a) recommend to the President from among the list of persons

submitted to it by –

(i) the Federal Judicial Service Commission, persons for

appointment to the offices of the Chief Justice of Nigeria,

the Justices of the Supreme Court, the President and Justices

of the Court of Appeal, the Chief Judge and Judges of the

Federal High Court, the President and Judges of the National

Industrial Court, and

(ii) the Judicial Service Committee of the Federal Capital

Territory, Abuja, persons for appointment to the offices of

the Chief Judge and Judges of the High Court of the Federal

Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia

Court of Appeal of the Federal Capital Territory, Abuja and the

President and Judges of the Customary Court of Appeal of the

Federal Capital Territory, Abuja;

(b) recommend to the President the removal from office of the

judicial officers specified in sub-paragraph (a) of this paragraph

and to exercise disciplinary control over such officers;

submitted to it by the State Judicial Service Commissions

persons for appointments to the offices of the Chief Judges

of the States and Judges of the High Courts of the States, the

Grand Kadis and Kadis of the Sharia Courts of Appeal of the

States and the Presidents and Judges of the Customary Courts

of Appeal of the States; [Third Schedule,

Item E, paragraph

21(a)(i) is altered

by the Constitution

of Federal Republic

of Nigeria (Third

Alteration Act) 2010]

247

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(d) recommend to the Governors the removal from the office of

the judicial officers in sub-paragraph (c) of this paragraph, and to

exercise disciplinary control over such officers.

(e) collect, control and disburse all moneys, capital and

recurrent, for the judiciary;

(f) advise the President and Governors or any matter pertaining

to the judiciary as may be referred to the Council by the

President or the Governors;

(g) appoint, dismiss and exercise disciplinary control over

members and staff of the Council;

(h) control and disburse all monies, capital and recurrent, for the

services of the Council; and

(i) deal with all other matters relating to broad issues of policy

and administration.

22. The Secretary of the Council shall be appointed by the National

Judicial Council on the recommendation of the Federal Judicial

Service Commission and shall be a legal practitioner of at least

fifteen years post call experience

J - National Population Commission

23. National Population Commission

The National Population Commission shall comprise the following

members –

(a) a Chairman; and

(b) one person from each State of the Federation and the

Federal Capital Territory, Abuja.

24. 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 [Third Schedule,

Paragraph 22 is

substituted by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 12)

Act, 2023]

248

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsuniversal registration of births and deaths throughout the

Federation;

(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 or the staff of the Commission.

K - National Security Council

25. National Security Council

The National Security Council shall comprise the following members

–

(a) the President who shall be the Chairman;

(b) the Vice-President who shall be the Deputy Chairman;

(d) the Minister of the Government of the Federation charged

with the responsibility for internal affairs;

(e) the Minister of the Government of the Federation charged

with the responsibility for defence;

(f) the Minister of the Government of the Federation charged

with the responsibility 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.

249

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations26. The Council shall have power to advise the President on

matters relating to public security including matters relating to any

organisation or agency established by law for ensuring the security

of the Federation.

L - Nigeria Police Council

27. Nigeria Police Council

The Nigeria Police Council shall comprise the following members –

(a) the President who shall be the Chairman;

(b) the Governor of each State of the Federation;

(d) the Inspector-General of Police.

28. The functions of the Nigeria Police Council shall include -

(a) the organisation and administration of the Nigeria Police

Force and all other matters relating thereto (not being matters

relating to the use and operational control of the Force or the

appointment, disciplinary control and dismissal of members of

the Force);

(b) the general supervision of the Nigeria Police Force; and

General of Police.

M - Police Service Commission

29. Police Service Commission

The Police Service Commission shall comprise the following

members –

(a) a Chairman; and

(b) such number of other persons, not less than seven but not

more than nine, as may be prescribed by an Act of the National

Assembly.

30. The Commission shall have power to –

(a) appoint persons to offices (other than office of the Inspector-

General of Police) in the Nigeria Police Force; and

250

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) dismiss and exercise disciplinary control over persons holding

any office referred to in sub-paragraph (a) of this paragraph.

N - Revenue Mobilisation Allocation and Fiscal Commission

31. Revenue Mobilisation Allocation and Fiscal Commission

The Revenue Mobilisation Allocation and Fiscal Commission shall

comprise the following members –

(a) a Chairman; and

(b) one member from each State of the Federation and the

Federal Capital Territory, Abuja who in the opinion of the

President are persons of unquestionable integrity with requisite

qualifications and experience.

32. 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 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;

and methods by which their revenue can be increased;

(d) determine the remuneration appropriate for political office

holders, including the President, Vice-President, Governors,

Deputy Governors, Ministers, Commissioners, Special Advisers,

legislators and the holders of the offices mentioned in sections

84 and 124 of this Constitution; and

(e) discharge such other functions as are conferred on the

Commission by this Constitution or any Act of the National

Assembly.

251

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART II

State Bodies (established by section 197)

A - State Civil Service Commission

1. Civil Service Commission of a State

A State Civil Service Commission shall comprise the following

members –

(a) a Chairman; and

(b) not less than two and not more than four other persons,

who shall, in the opinion of the Governor, be persons of

unquestionable integrity and sound political judgment.

2. (1) The Commission shall have power without prejudice to the

powers vested in the Governor and the State Judicial Service

Commission to -

(a) appoint persons to offices in the State civil service; and

(b) 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 of heads

of divisions of Ministries or of departments of the Government of

the State as may from time to time be designated by an order made

by the Governor except after consultation with the head of the civil

service of the State.

AA – State House of Assembly Service Commission

1A. The composition, tenure, structure, finance, functions, powers,

and other proceedings of the Commission shall be as prescribed by

a Law of the House of Assembly of the State.[Third Schedule,

Part II, Heading is

substituted by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 6)

Act, 2023]

[Subheading AA

is inserted by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 6)

Act, 2023]

[Paragraph 1A is

inserted by the

Constitution of the

Federal Republic of

Nigeria, 1999 (Fifth

Alteration) (No. 6)

Act, 2023]

252

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsB - State Independent Electoral Commission

3. State Independent Electoral Commission

A State Independent Electoral Commission shall comprise the

following members –

(a) a Chairman; and

(b) not less than five but not more than seven other persons.

4. The Commission shall have power-

(a) to organise, undertake and supervise all elections to local

government councils within the State;

(b) to render such advice as it may consider necessary to the

Independent National Electoral Commission on the compilation

of and the register of voters in so far as that register is applicable

to local government elections in the State.

C - State Judicial Service Commission

5. State Judicial Service Commission

A State Judicial Service Commission shall comprise the following

members –

(a) the Chief Judge of the State, who shall be the Chairman;

(b) the Attorney General of the State;

any;

(d) the President of the Customary Court of Appeal of the State,

if any;

(e) two members, who are legal practitioners, and who have

been qualified to practise as legal practitioners in Nigeria for

not less than ten years; and

(f) two other persons, not being legal practitioners, who in the

opinion of the Governor are of unquestionable integrity.

253

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations6. The Commission shall have power to –

(a) advise the National Judicial Council on suitable persons for

nomination to the office of –

(i) the Chief Judge of the State,

(ii) the Grand Kadi of the Sharia Court of Appeal of the State,

if any,

(iii) the President of the Customary Court of Appeal of the

State, if any,

(iv) Judges of the High Court of the State,

(v) Kadis of the Sharia Court of Appeal of the State, if any, and

(vi) Judges of the Customary Court of Appeal of the State, if

any;

(b) subject to the provisions of this Constitution, to recommend

to the National Judicial Council the removal from the office of the

judicial officers specified in sub-paragraph (a) of this paragraph;

and

Chief Registrar and Deputy Chief Registrar of the High Court, the

Chief Registrars of the Sharia Court of Appeal and Customary

Court of Appeal, magistrates, judges and members of Area

Courts and Customary Courts and all other members of the staff

of the judicial service of the State not otherwise specified in this

Constitution.

PART III

Federal Capital Territory, Abuja executive body (established

under section 304)

Judicial Service Committee of the Federal Capital Territory, Abuja

1. Judicial Service Committee of the Federal Capital Territory,

Abuja

The Judicial Service Committee of the Federal Capital Territory,

Abuja shall comprise the following members -

(a) the Chief Judge of the Federal Capital Territory, Abuja who

shall be the Chairman;

254

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) the Attorney-General of the Federation;

Capital Territory, Abuja;

(d) the President of the Customary Court of Appeal of the Federal

Capital Territory, Abuja;

(e) one person who is a legal practitioner and who has been

qualified to practise as a legal practitioner in Nigeria for a period

of not less than twelve years; and

(f) one other person, not being a legal practitioner, who in the

opinion of the President is of unquestionable integrity.

2. The Committee shall have power -

(a) to recommend to the National Judicial Council suitable

persons for nomination for appointment to the office of –

(i) the Chief Judge of the Federal Capital Territory, Abuja,

(ii) a Judge of the High Court of the Federal Capital Territory,

Abuja,

(iii) the Grand Kadi of the Sharia Court of Appeal of the

Federal Capital Territory, Abuja,

(iv) the President of the Customary Court of Appeal of the

Federal Capital Territory, Abuja,

(v) a Kadi of the Sharia Court of Appeal of the Federal Capital

Territory, Abuja,

(vi) a Judge of the Customary Court of Appeal of the Federal

Capital Territory, Abuja;

(b) subject to the provisions of this Constitution, to recommend

to the National Judicial Council the removal from office of the

judicial officers specified in sub-paragraph (a) of this paragraph;

Chief Registrar and Deputy Chief Registrars of the High Court,

the Sharia Court of Appeal and the Customary Court of Appeal

of the Federal Capital Territory, Abuja, magistrates, the judges

and members of the District and Area Courts of the Federal

255

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsCapital Territory, Abuja, if any, and all other members of the

staff of the judicial service of the Federal Capital Territory, Abuja

not otherwise specified in this Constitution and of the Judicial

Service Committee of the Federal Capital Territory, Abuja.

256

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsFOURTH SCHEDULE

[Section 7]

Functions of a Local Government Council

1. The main functions of a local government council are as follows-

(a) the consideration and the making of recommendations to

State commission on economic planning or any similar body on

–

(i) the economic development of the State, particularly in so

far as the areas of authority of the council and of the State are

affected, and

(ii) proposals made by the said commission or body;

(b) collection of rates, radio and television licences;

and homes for the destitute or infirm;

(d) licensing of bicycles, trucks (other than mechanically propelled

trucks), canoes, wheel barrows and carts;

(e) establishment, maintenance and regulation of slaughter

houses, slaughter slabs, markets, motor parks and public

conveniences;

(f) construction and maintenance of roads, streets, other public

highways, street lightings, drains, parks, gardens, open spaces,

or such public facilities as may be prescribed from time to time

by the House of Assembly of a State;

(g) naming of roads and streets and numbering of houses;

(h) provision and maintenance of public conveniences, sewage

and refuse disposal;

(i) registration of all births, deaths and marriages;

257

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(j) assessment of privately owned houses or tenements for the

purpose of levying such rates as may be prescribed by the House

of Assembly of a State; and

(k) control and regulation of -

(i) out-door advertising and hoarding;

(ii) movement and keeping of pets of all description;

(iii) shops and kiosks;

(iv) restaurants, bakeries and other places for sale of food to

the public;

(v) laundries; and

(vi) licensing, regulation and control of the sale of liquor.

2. The functions of a local government council shall include

participation of such council in the Government of a State as

respects the following matters –

(a) the provision and maintenance of primary, adult and

vocational education;

(b) the development of agriculture and natural resources, other

than the exploitation of minerals;

(d) such other functions as may be conferred on a local

government council by the House of Assembly of the State.

258

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsFIFTH SCHEDULE

[Sections 66, 107, 172,173, 209, 292 and 318]

PART I

Code of Conduct for Public Officers

General

1. Conflict of interest with duty

A public officer shall not put himself in a position where his personal

interest conflicts with his duties and responsibilities.

2. Restrictions on specified officers

Without prejudice to the generality of the foregoing paragraph, a

public officer shall not-

(a) receive or be paid the emoluments of any public office at

the same time as he receives or is paid the emoluments of any

other public office; or

(b) except where he is not employed on full-time basis, engage

or participate in the management or running of any private

business, profession or trade but nothing in this sub-paragraph

shall prevent a public officer from engaging in farming.

3. Prohibition of foreign accounts

The President, Vice-President, Governor, Deputy Governor,

Ministers of the Government of the Federation and Commissioners

of the Governments of the States, members of the National

Assembly and of the Houses of Assembly of the States, and such

other public officers or persons as the National Assembly may by

law prescribe shall not maintain or operate a bank account in any

country outside Nigeria.

4. Retired public officers

(1) A public officer shall not, after his retirement from public service

and while receiving pension from public funds, accept more than

one remuneration position as chairman, director or employee of -

(a) a company owned or controlled by the government; or

(b) any public authority.

259

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) A retired public servant shall not receive any other remuneration

from public funds in addition to his pension and the emolument of

such one remunerative position.

5. Certain retired public officers

(1) Retired public officers who have held offices to which this

paragraph applies are prohibited from service or employment in

foreign companies or foreign enterprises.

(2) This paragraph applies to the offices of President, Vice-President,

Chief Justice of Nigeria, Governor and Deputy Governor of a State.

6. Gifts or benefits in kind

(1) A public officer shall not ask for or accept property or benefits

of any kind for himself or any other person on account of anything

done or omitted to be done by him in the discharge of his duties.

(2) For the purposes of sub-paragraph (1) of this paragraph, the

receipt by a public officer of any gifts or benefits from commercial

firms, business enterprises or persons who have contracts with

the government shall be presumed to have been received in

contravention of the said sub-paragraph unless the contrary is

proved.

(3) A public officer shall only accept personal gifts or benefits from

relatives or personal friends to such extent and on such occasions

as are recognised by custom:

Provided that any gift or donation to a public officer on any public

or ceremonial occasion shall be treated as a gift to the appropriate

institution represented by the public officer, and accordingly, the

mere acceptance or receipt of any such gift shall not be treated as

a contravention of this provision.

7. Restriction on loans, gifts or benefits to certain public officers

The President or Vice-President, Governor or Deputy Governor,

Minister of the Government of the Federation or Commissioner of

the Government of a State, or any other public officer who holds the

office of a Permanent Secretary or head of any public corporation,

260

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsuniversity, or other parastatal organisation shall not accept –

(a) a loan, except from government or its agencies, a bank,

building society, mortgage institution or other financial institution

recognised by law; and

(b) any benefit of whatever nature from any company, contractor,

or businessman, or the nominee or agent of such person:

Provided that the head of a public corporation or of a university

or other parastatal organisation may, subject to the rules and

regulations of the body, accept a loan from such body.

8. Bribery of public officers

No person shall offer a public officer any property, gift or benefit of

any kind as an inducement or bribe for the granting of any favour or

the discharge in his favour of the public officer’s duties.

9. Abuse of powers

A public officer shall not do or direct to be done, in abuse of his

office, any arbitrary act prejudicial to the rights of any other person

knowing that such act is unlawful or contrary to any government

policy.

10. Membership of societies

A public officer shall not be a member of, belong to, or take part

in any society the membership of which is incompatible with the

functions or dignity of his office.

11. Declaration of assets

(1) Subject to the provisions of this Constitution, every public officer

shall within three months after the coming into force of this Code of

Conduct or immediately after taking office and thereafter -

(a) at the end of every four years; and

(b) at the end of his term of office,

submit to the Code of Conduct Bureau a written declaration of

all his properties, assets, and liabilities and those of his unmarried

children under the age of eighteen years.

261

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) Any statement in such declaration that is found to be false by

any authority or person authorised in that behalf to verify it shall be

deemed to be a breach of this Code.

(3) Any property or assets acquired by a public officer after any

declaration required under this Constitution and which is not fairly

attributable to income, gift, or loan approved by this Code shall be

deemed to have been acquired in breach of this Code unless the

contrary is proved.

12. Allegation of breach of Code

Any allegation that a public officer has committed a breach of or

has not complied with the provisions of this Code shall be made to

the Code of Conduct Bureau.

13. Agents and nominees

A public officer who does any act prohibited by this Code through

a nominee, trustee, or other agent shall be deemed ipso facto to

have committed a breach of this Code.

14. Exemptions

In its application to public officers –

(a) members of legislative houses shall be exempt from the

provisions of paragraph 4 of this Code; and

(b) the National Assembly may by law exempt any cadre of

public officers from the provisions of paragraphs 4 and 11 of this

Code if it appears to it that their position in the public service is

below the rank which it considers appropriate for the application

of those provisions.

Code of Conduct Tribunal

15. Code of Conduct Tribunal

(1) There shall be established a tribunal to be known as Code of

Conduct Tribunal which shall consist of a Chairman and two other

persons.

262

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) The Chairman shall be a person who has held or is qualified to

hold office as a Judge of a superior court of record in Nigeria and

shall receive such remuneration as may be prescribed by law.

(3) The Chairman and members of the Code of Conduct Tribunal

shall be appointed by the President in accordance with the

recommendation of the National Judicial Council.

(4) The National Assembly may by law confer on the Code of

Conduct Tribunal such additional powers as may appear to it to be

necessary to enable it more effectively to discharge the functions

conferred on it in this Schedule.

16. Staff

(1) The tenure of office of the staff of the Code of Conduct Tribunal

shall, subject to the provisions of this Code, be the same as

that provided for in respect of officers in the civil service of the

Federation.

(2) The power to appoint the staff of the Code of Conduct Tribunal

and to exercise disciplinary control over them shall vest in the

members of the Code of Conduct Tribunal and shall be exercisable

in accordance with the provisions of an Act of the National Assembly

enacted in that behalf.

17. Tenure of office of Chairman and members

(1) Subject to the provisions of this paragraph, a person holding

the office of Chairman or member of the Code of Conduct Tribunal

shall vacate his office when he attains the age of seventy years.

(2) A person who has held office as Chairman or member of the

Code of Conduct Tribunal for a period of not less than ten years

shall, if he retires at the age of seventy years, be entitled to pension

for life at a rate equivalent to his last annual salary in addition to

other retirement benefits to which he may be entitled.

(3) A person holding the office of Chairman or member of the

Code of Conduct Tribunal shall not be removed from his office or

appointment by the President except upon an address supported by

263

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationstwo-thirds majority of each House of the National Assembly praying

that he be so removed for inability to discharge the functions of the

office in question (whether arising from infirmity of mind or body)

or for misconduct or for contravention of this Code.

(4) A person holding the office of Chairman or member of the Code

of Conduct Tribunal shall not be removed from office before retiring

age save in accordance with the provisions of this Code.

18. Powers

(1) Where the Code of Conduct Tribunal finds a public officer

guilty of contravention of any of the provisions of this Code it shall

impose upon that officer any of the punishments specified under

sub-paragraph (2) of this paragraph and such other punishment as

may be prescribed by the National Assembly.

(2) The punishment which the Code of Conduct Tribunal may

impose shall include any of the following –

(a) vacation of office or seat in any legislative house, as the case

may be;

(b) disqualification from membership of a legislative house and

from the holding of any public office for a period not exceeding

ten years; and

abuse or corruption of office.

(3) The sanctions mentioned in sub-paragraph (2) hereof shall be

without prejudice to the penalties that may be imposed by any law

where the conduct is also a criminal offence.

(4) Where the Code of Conduct Tribunal gives a decision as to

whether or not a person is guilty of a contravention of any of the

provisions of this Code, an appeal shall lie as of right from such

decision or from any punishment imposed on such person to the

Court of Appeal at the instance of any party to the proceedings.

264

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(5) Any right of appeal to the Court of Appeal from the decisions

of the Code of Conduct Tribunal conferred by sub-paragraph (4)

hereof shall be exercised in accordance with the provisions of an

Act of the National Assembly and rules of court for the time being

in force regulating the powers, practice and procedure of the Court

of Appeal.

(6) Nothing in this paragraph shall prejudice the prosecution of

a public officer punished under this paragraph or preclude such

officer from being prosecuted or punished for an offence in a court

of law.

(7) The provisions of this Constitution relating to prerogative of

mercy shall not apply to any punishment imposed in accordance

with the provisions of this paragraph.

Interpretation

19. Interpretation

In this Code, unless the context otherwise requires –

“assets ” includes any property, movable and immovable and

incomes owned by a person;

“business ” means any profession, vocation, trade, or any adventure

or concern in the nature of trade and excludes farming;

“child ” includes a step-child, a lawfully adopted child, a child born

out of wedlock and any child to whom any individual stands in place

of a parent;

“emolument ” means any salary, wage, over-time or leave pay,

commission, fee, bonus, gratuity, benefit, advantage (whether

or not that advantage is capable of being turned into money

or money’s worth), allowance, pension or annuity paid, given or

granted in respect of any employment or office;

“foreign companies ” or “ foreign enterprises ” means companies

or enterprises in which the controlling shares are owned by persons

other than the Government, its agencies or citizens of Nigeria or

whose policies are determined by persons or organisations outside

Nigeria;

265

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations“liabilities ” includes responsibilities according to law to satisfy a

debt, duty or obligation quantifiable in monetary value, instant and

contingent;

“misconduct ” means breach of the Oath of Allegiance or oath of

office of a member or breach of the provisions of this Constitution

or a misconduct of such nature as amounts to bribery or corruption

or false declaration of assets and liabilities;

“public officer ” means a person holding any of the offices specified

in Part II of this Schedule; and

“public office ” shall not include the chairmanship or membership

of ad hoc tribunals, commissions or committees.

PART II

Public Officers for the purposes of the Code of conduct

1. The President of the Federation.

2. The Vice-President of the Federation.

3. The President and Deputy President of the Senate, Speaker and

Deputy Speaker of the House of Representatives and Speakers

and Deputy Speakers of Houses of Assembly of States, and all

members and staff of legislative houses.

4. Governors and Deputy Governors of States.

5. Chief Justice of Nigeria, Justices of the Supreme Court,

President and Justices of the Court of Appeal, all other judicial

officers and all staff of courts of law.

6. Attorney-General of the Federation and Attorney-General of

each State.

7. Ministers of the Government of the Federation and

Commissioners of the Governments of the States.

8. Chief of Defence Staff, Chief of Army Staff, Chief of Naval

Staff, Chief of Air Staff and all members of the armed forces of

the Federation.

9. Inspector-General of Police, Deputy Inspector-General of

Police and all members of the Nigeria Police Force and other

government security agencies established by law.

266

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations10. Secretary to the Government of the Federation, Head of the

Civil Service, Permanent Secretaries, Directors-General and all

other persons in the civil service of the Federation or of the

State.

11. Ambassadors, High Commissioners and other officers of

Nigerian Missions abroad.

12. Chairman, members and staff of the Code of Conduct Bureau

and Code of Conduct Tribunal.

13. Chairman, members and staff of local government councils.

14. Chairman and members of the Boards or other governing

bodies and staff of statutory corporations and of companies

in which the Federal or State Government has controlling

interest.

15. All staff of universities, colleges and institutions owned

and financed by the Federal or State Governments or local

government councils.

16. Chairman, members and staff of permanent commissions or

councils appointed on full time basis.

267

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsSIXTH SCHEDULE

[Section 285]

Election Tribunals

A-National and State Houses of Assembly Election Tribunal

1. (1) A National and State Houses of Assembly Election Tribunal

shall consist of a Chairman and two other members.

(2) The Chairman shall be a Judge of a High Court and two other

members shall be appointed from among Judges of a High Court,

Kadis of a Sharia Court of Appeal, Judges of a Customary Court of

Appeal or other members of the judiciary not below the rank of a

Chief Magistrate.

(3) The Chairman and other members shall be appointed by the

President of the Court of Appeal in consultation with the Chief

Judge of the State, the Grand Kadi of the Sharia Court of Appeal of

the State or the President of the Customary Court of Appeal of the

State, as the case may be.

B - Governorship Election Tribunal

2. (1) A Governorship Election Tribunal shall consist of a Chairman

and two other members.

(2) The Chairman shall be a Judge of a High Court and two other

members shall be appointed from among Judges of a High Court,

Kadis of a Sharia Court of Appeal, Judges of a Customary Court of

Appeal or members of the judiciary not below the rank of a Chief

Magistrate.

(3) The Chairman and other members shall be appointed by the

President of the Court of Appeal in consultation with the Chief

Judge of the State, the Grand Kadi of the Sharia Court of Appeal of

the State or the President of the Customary Court of Appeal of the

State, as the case may be.

[Sixth Schedule is

substituted by the

Constitution of

Federal Republic

of Nigeria (Second

Alteration Act) 2010]

268

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsSEVENTH SCHEDULE

[Sections 26(1)(c), 27(2)(f), 52, 94, 135, 140, 142, 149, 180, 185, 187, 194

and 290]

Oaths

Oaths of Allegiance

I, .......... do solemnly swear/affirm that I will be faithful and bear

true allegiance to the Federal Republic of Nigeria and that I will

preserve, protect and defend the Constitution of the Federal

Republic of Nigeria

So help me God

Oath of office of President

I, .............. do solemnly swear/affirm that I will be faithful and bear

true allegiance to the Federal Republic of Nigeria; that as President

of the Federal Republic of Nigeria, I will discharge my duties to the

best of my ability, faithfully and in accordance with the Constitution

of the Federal Republic of Nigeria and the law, and always in the

interest of the sovereignty, integrity, solidarity, well-being and

prosperity of the Federal Republic of Nigeria; that I will strive to

preserve the Fundamental Objectives and Directive Principles of

State Policy contained in the Constitution of the Federal Republic

of Nigeria; that I will not allow my personal interest to influence

my official conduct or my official decisions; that I will to the best

of my ability preserve, protect and defend the Constitution of

the Federal Republic of Nigeria; that I will abide by the Code of

Conduct contained in the Fifth Schedule to the Constitution of the

Federal Republic of Nigeria; that in all circumstances, I will do right

to all manner of people, according to law, without fear or favour,

affection or ill-will; that I will not directly or indirectly communicate

or reveal to any person any matter which shall be brought under

my consideration or shall become known to me as President of the

Federal Republic of Nigeria, except as may be required for the due

discharge of my duties as President; and that I will devote myself to

the service and well-being of the people of Nigeria.

So help me God.

269

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsOath of office of Governor of a State

I, ......... do solemnly swear/affirm that I will be faithful and bear

true allegiance to the Federal Republic of Nigeria; that as the

Governor of ......... State, I will discharge my duties to the best of

my ability, faithfully and in accordance with the Constitution of the

Federal Republic of Nigeria and the law, and always in the interest

of the sovereignty, integrity, solidarity, well-being and prosperity

of the Federal Republic of Nigeria; that I will strive to preserve the

Fundamental Objectives and Directive Principles of State Policy

contained in the Constitution of the Federal Republic of Nigeria;

that I will exercise the authority vested in me as Governor so as not

to impede or prejudice the authority lawfully vested in the President

of the Federal Republic of Nigeria and so as not to endanger the

continuance of Federal Government in Nigeria; that I will not allow

my personal interest to influence my official conduct or my official

decisions; that I will to the best of my ability preserve, protect and

defend the Constitution of the Federal Republic of Nigeria; that I

will abide by the Code of Conduct contained in the Fifth Schedule

to the Constitution of the Federal Republic of Nigeria; that in all

circumstances, I will do right to all manner of people, according to

law, without fear or favour, affection or ill-will; that I will not directly

or indirectly communicate or reveal to any person any matter which

shall be brought under my consideration or shall become known

to me as Governor of ......... State, except as may be required for

the due discharge of my duties as Governor; and that I will devote

myself to the service and well-being of the people of Nigeria.

So help me God.

Oath of office of Vice-President, Deputy Governor, Minister,

Commissioner or Special Adviser

I, .......... do solemnly swear/affirm that I will be faithful and bear true

allegiance to the Federal Republic of Nigeria; that as Vice-President

of the Federal Republic of Nigeria/Deputy Governor of ....... State/

Minister of the Government of the Federation/Commissioner of the

Government of ........ State/Special Adviser to ........, I will discharge

my duties to the best of my ability, faithfully and in accordance with

the Constitution of the Federal Republic of Nigeria and the law,

and always in the interest of the sovereignty, integrity, solidarity,

well-being and prosperity of the Federal Republic of Nigeria; that

270

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsI will strive to preserve the Fundamental Objectives and Directive

Principles of State Policy contained in the Constitution of the Federal

Republic of Nigeria; that I will not allow my personal interest to

influence my official conduct or my official decisions, that I will to

the best of my ability preserve, protect and defend the Constitution

of the Federal Republic of Nigeria; that I will abide by the Code of

Conduct contained in the Fifth Schedule to the Constitution of the

Federal Republic of Nigeria; that in all circumstances, I will do right

to all manner of people, according to law, without fear or favour,

affection or ill-will; that I will not directly or indirectly communicate

or reveal to any person any matter which shall be brought under

my consideration or shall become known to me as Vice-President

of the Federal Republic of Nigeria/Deputy Governor of ..... State/

Minister of the Government of the Federation/Commissioner of

...... State/Special Adviser to ......... except as may be required for

the due discharge of my duties as Vice-President/Deputy Governor

of ....... State/Minister/Commissioner/Special Adviser.

So help me God.

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

Assembly

I, ..... do solemnly swear/affirm that I will be faithful and bear true

allegiance to the Federal Republic of Nigeria; that as a Member of

the Senate/House of Representatives/ ..... House of Assembly, I will

perform my functions honestly to the best of my ability, faithfully

and in accordance with the Constitution of the Federal Republic

of Nigeria and the law, and the rules of the Senate/House of

Representatives/ ...... House of Assembly and always in the interest

of the sovereignty, integrity, solidarity, well-being and prosperity

of the Federal Republic of Nigeria; that I will strive to preserve the

Fundamental Objectives and Directive Principles of State Policy

contained in the Constitution of the Federal Republic of Nigeria;

and that I will preserve, protect and defend the Constitution of the

Federal Republic of Nigeria; and that I will abide by the Code of

Conduct contained in the Fifth Schedule to the Constitution of the

Federal Republic of Nigeria.

So help me God.

271

The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsJudicial Oath

I, ...... do solemnly swear/affirm that I will be faithful and bear true

allegiance to the Federal Republic of Nigeria; that as Chief Justice

of Nigeria/Justice of the Supreme Court/President/Justice of the

Court of Appeal/Chief Judge/Judge of the Federal High Court/

President/Judge of the National Industrial Court /Chief Judge/

Judge of the High Court of the Federal Capital Territory, Abuja/

Chief Judge of ...... State/Judge of the High Court of ...... State/

Grand Kadi/Kadi of the Sharia Court of Appeal of the Federal

Capital Territory, Abuja/ Grand Kadi/Kadi of the Sharia Court of

Appeal of .... State/President/Judge of the Customary Court of

Appeal of the Federal Capital Territory, Abuja/President/Judge of

the Customary Court of Appeal of ......... State, I will discharge my

duties, and perform my functions honestly, to the best of my ability

and faithfully in accordance with the Constitution of the Federal

Republic of Nigeria and the law; that I will abide by the Code of

Conduct contained in the Fifth Schedule to the Constitution of

the Federal Republic of Nigeria; that I will not allow my personal

interest to influence my official conduct or my official decisions; that

I will preserve, protect and defend the Constitution of the Federal

Republic of Nigeria.

So help me God [Judicial Oath in

Seventh Schedule

altered by the

Constitution of

Federal Republic

of Nigeria (Third

Alteration Act) 2010]

About PLAC

The compilation of this updated Constitution of the Federal

Republic of Nigeria,1999 including the alterations made in 2010

and 2017 is issued by Policy and Legal Advocacy Centre (PLAC).

PLAC is a non-governmental organization committed to

strengthening democratic governance and citizens’ participation

in Nigeria. PLAC works to enhance citizens’ engagement with

state institutions, and to promote transparency and accountability

in policy and decision-making process.

The main focus of PLAC’s intervention in the democratic

governance process is on building the capacity of the legislature

and reforming the electoral process. Since its establishment,

PLAC has grown into a leading institution with capacity to deliver

cutting-edge research, policy analysis and advocacy. PLAC

receives funding support from donors and other philanthropic

sources.

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