Article 197 of the Constitution of Nigeria

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; (c) any reference to “ member ” of any of the bodies established by section 197 of this Constitution shall be construed as including a reference to the Chairman of that body; and (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; (c) Permanent Secretary or other chief executive in any Ministry 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 (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 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; (c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or (d) remit the whole or any part of 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; (c) suppressing insurrection and acting in aid of civil authorities 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