# Article 197 of the Constitution of Nigeria

- Jurisdiction: Nigeria (NG)
- Article: 197
- Chapter (as indexed): Chapter of: this Constitution. [Section 75 is altered
- Source document: nigerian constitution
- Canonical (HTML): https://www.portablelaw.com/provision/22cc7178-3b8a-47e6-a2db-3ea24e2b7de7
- This document: https://www.portablelaw.com/provision/22cc7178-3b8a-47e6-a2db-3ea24e2b7de7/md
- Constitution: https://www.portablelaw.com/countries/66de5725-d61f-4277-9798-faf8423bf9e8

## Verbatim text

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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
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## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 197 of the Constitution of Nigeria.
- The index files it under the chapter heading “Chapter of: this Constitution. [Section 75 is altered”.
- The passage runs to about 2,544 words.
- Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “assembled”); it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “pension”); it mentions police powers — it sets out what the police or other security services may do (the words used: “Police”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“of this Constitution shall not be less than one-third”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row contains 14 separately numbered sections, so it is a chapter-length passage rather than one provision. Cite the passage, and treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of Nigeria, article 197, Portable Lawyer, https://www.portablelaw.com/provision/22cc7178-3b8a-47e6-a2db-3ea24e2b7de7 (accessed 27 September 2026).

## Related

- [Constitution of Nigeria](https://www.portablelaw.com/countries/66de5725-d61f-4277-9798-faf8423bf9e8)
- [Nigeria on Portable Lawyer](https://www.portablelaw.com/countries/66de5725-d61f-4277-9798-faf8423bf9e8)
- [HTML version of this provision](https://www.portablelaw.com/provision/22cc7178-3b8a-47e6-a2db-3ea24e2b7de7)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 197 of the Constitution of Nigeria (chapter: “Chapter of: this Constitution. [Section 75 is altered”). 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…