Indexed passage in the Constitution of Nigeria

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. 1 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 2 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 3 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 4 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 5 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 6 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 7 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 8 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 9 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 10 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 11 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 12 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 13 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 14 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 15 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 16 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 17 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. 18 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. 19 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 20 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] (c) any other matter with respect to which it is empowered to 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. 21 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 22 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. 23 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; (c) the Federal High Court; (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] 24 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; (c) shall not, except as otherwise provided by this Constitution, 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. 25 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- 26 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; (c) the result of the referendum is then approved by a simple 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 27 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; (c) the result of the referendum is then approved by a simple 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. 28 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. 29 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. 30 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 (c) the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution. 31 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; (c) encourage inter-marriage among persons from different 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. 32 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; (c) without prejudice to its right to operate or participate in areas 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; (c) that the economic system is not operated in such a manner as 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] 33 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 (c) “participate ” includes the rendering of services and supplying 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] 34 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; (c) governmental actions shall be humane; (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; (c) the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused; 35 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; (c) free university education; and (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; (c) promotion of international co-operation for the consolidation of universal peace and mutual respect among all nations and elimination of discrimination in all its manifestations; 36 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; 37 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 (c) every person born outside Nigeria either of whose parents is a citizen of Nigeria. (2) In this section, “ the date of independence ” means the 1st day of October 1960. 38 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 (c) he has taken the Oath of Allegiance prescribed in the Seventh 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; or (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; (c) he has shown a clear intention of his desire to be domiciled 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; 39 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 40 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. 41 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 42 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 (c) no person shall be required to perform forced or compulsory labour. (2) For the purposes of subsection (1) (c) of this section, “ forced or compulsory labour ” does not include - (a) any labour required in consequence of the sentence or order of a court; (b) any labour required of members of the armed forces of the Federation or the Nigeria Police Force in pursuance of their duties as such; (c) in the case of persons who have conscientious objections to service in the armed forces of the Federation, any labour required instead of such service; (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. 43 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; (c) for the purpose of bringing him before a court in execution 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. 44 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 45 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: 46 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; (c) defend himself in person or by legal practitioners of his own 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 47 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. 48 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. 49 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 50 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; or (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. 51 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; (c) relating to leases, tenancies, mortgages, charges, bills of sale or any other rights or obligations arising out of contracts; (d) relating to the vesting and administration of property of persons adjudged or otherwise declared bankrupt or insolvent, of persons of unsound mind or deceased persons, and of corporate or 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; 52 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. 53 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