Article 112 of the Constitution of Nigeria

the provisions of section 114 of this Constitution, that alteration shall come into effect after it has been approved by the National Assembly and after the current life of the House of Assembly. 116.Time of elections to Houses of Assembly (1) Elections to a House of Assembly shall be held on a date to be appointed by the Independent National Electoral Commission in accordance with the Electoral Act. [Section 116(1) is altered by Constitution of the Federal Republic of Nigeria, 1999 (First Alteration Act) 2010] 87 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) The date mentioned in subsection (1) of this section shall not be earlier than one hundred and fifty days and not later than thirty days before the date on which the House stands dissolved, or where the election is to fill a vacancy occurring more than ninety days before such date, not later than thirty days after the vacancy occurred. 117. Direct election and franchise (1) Subject to the provisions of this Constitution, every State constituency established in accordance with the provisions of this part of this Chapter shall return one member who shall be directly elected to a House of Assembly in such manner as may be prescribed by an Act of the National Assembly. (2) Every citizen of Nigeria, who has attained the age of eighteen years, residing in Nigeria at the time of the registration of voters for purposes of election to any legislative House, shall be entitled to be registered as a voter for that election. 118. Supervision of election The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Independent National Electoral Commission. 119. Power of National Assembly as to determination of certain questions The National Assembly shall make provisions as respects - (a) persons who may apply to an election tribunal for the determination of any question as to whether- (i) any person has been validly elected as a member of a House of Assembly, (ii) the term of office of any person has ceased, or (iii) the seat in a House of Assembly of a member of that House has become vacant; (b) circumstances and manner in which, and the conditions upon which, such application may be made; and (c) powers, practice and procedure of the election tribunal in relation to any such application.[Section 116(2) is altered by Constitution of the Federal Republic of Nigeria, 1999 (Second Alteration Act) 2010] 88 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsE - Powers and Control over Public Funds 120. Establishment of Consolidated Revenue Fund (1) All revenues or other moneys raised or received by a State (not being revenues or other moneys payable under this Constitution or any Law of a House of Assembly into any other public fund of the State established for a specific purpose) shall be paid into and form one Consolidated Revenue Fund of the State. (2) No moneys shall be withdrawn from the Consolidated Revenue Fund of the State except to meet expenditure that is charged upon the Fund by this Constitution or where the issue of those moneys has been authorised by an Appropriation Law, Supplementary Appropriation Law or Law passed in pursuance of section 121 of this Constitution. (3) No moneys shall be withdrawn from any public fund of the State, other than the Consolidated Revenue Fund of the State, unless the issue of those moneys has been authorised by a Law of the House of Assembly of the State. (4) No moneys shall be withdrawn from the Consolidated Revenue Fund of the State or any other public fund of the State except in the manner prescribed by the House of Assembly. 121. Authorisation of expenditure from Consolidated Revenue Fund (1) The Governor shall cause to be prepared and laid before the House of Assembly at any time before the commencement of each financial year estimates of the revenues and expenditure of the State for the next following financial year. (2) The heads of expenditure contained in the estimates, other than expenditure charged upon the Consolidated Revenue Fund of the State by this Constitution, shall be included in a bill, to be known as an Appropriation Bill, providing for the issue from the Consolidated Revenue Fund of the State of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. 89 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) Any amount standing to the credit of – (a) a State House of Assembly of a State in the Consolidated Revenue Fund of the State shall be paid directly into the account of the Assembly; and (b) the Judiciary of a State in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned. (3A) For the purpose of subsection (3), there is established for each State of the Federation a Disbursement Committee comprising – (a) the Commissioner of Finance of the State, as Chairman; (b) Accountant-General of the State; (c) a representative of the State Budget Office or Ministry; (d) Chief Registrar of the High Court of the State; (e) Chief Registrar of the Revenue Court of the State (where applicable) (f) Chief Registrar of Sharia Court of Appeal of the State (where applicable) (g) Chief Registrar of the Customary Court of Appeal of the State (where applicable) (h) the Clerk of the State House of Assembly; (i) Secretary of the House of Assembly Service Commission; (j) the Secretary of the State Judicial Service Commission; and (k) the officer in charge of finance in the State House of Assembly. (3B) All moneys due to the House of Assembly of the State and the Judiciary of the State for capital and recurrent expenditures shall be paid by the State Accountant-General into the House of Assembly of the State and Judiciary of the State accounts in monthly installments respectively. (3C) The moneys due to the House of Assembly of a State and the Judiciary of a State shall be the amount appropriated in the Appropriation Law of the State for the year.[Section 121 (3) is substituted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 6) Act, 2023] 90 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3D) The monthly installment shall be – (a) determined by apportioning the approved budget on figures by twelve equal installments; and (b) adjusted to reflect the ratio of the gross allocation from Federal Accounts Allocation Committee and internally generated revenue on the approved budget for the State. (3E) Where the gross allocation from Federation Accounts Allocation Committee and internally generated revenue in any month is lower than the budget amount for the month, the amount due to the House of Assembly of the State and Judiciary of the State shall be paid on a pro-rata basis. (3F) When there is an increase in the subsequent income of the State, any previous shortfall shall be paid in arrears to the House of Assembly of the State and the Judiciary of the State. (3G) The Accountant-General of the State shall furnish the Disbursement Committee with gross inflow from Federation Accounts Allocation Committee and internally generated revenue, not later than seven days after the Federation Accounts Allocation Committee meeting for the month. (3H) The Commissioner responsible for Finance and the Accountant- General of the State shall, pursuant to subsection (3B), make full disclosure of all revenues that accrue to the State and release the funds to the House of Assembly of the State and Judiciary of the State, not later than one week after the funds have become due. (4) If in respect of any financial year, it is found that - (a) the amount appropriated by the Appropriation Law for any purpose is insufficient; or (b) a need has arisen for expenditure for a purpose for which no amount has been appropriated by the law, a supplementary estimate showing the sums required shall be laid before the House of Assembly and the heads of any such expenditure shall be included in a Supplementary Appropriation Bill. 91 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations122. Authorisation of expenditure in default of appropriations If the Appropriation Bill in respect of any financial year has not been passed into law by the beginning of the financial year, the Governor may authorise the withdrawal of moneys from the Consolidated Revenue Fund of the State for the purpose of meeting expenditure necessary to carry on the services of the Government for a period not exceeding six months or until the coming into operation of the law, whichever is the earlier: Provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the State under the provisions of the Appropriation Law passed by the House of Assembly for the corresponding period in the immediately preceding financial year, being an amount proportionate to the total amount so authorised for the immediately preceding financial year. 123. Contingencies Fund (1) A House of Assembly may by law make provisions for the establishment of a Contingencies Fund for the State and for authorising the Governor, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet that need. (2) Where any advance is made in accordance with the provisions of this section, a supplementary estimate shall be presented and a Supplementary Appropriation Bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced. 124. Remuneration, etc., of the Governor and certain other officers (1) There shall be paid to the holders of the offices mentioned in this section such remuneration and salaries as may be prescribed by a House of Assembly, but not exceeding the amount as shall have been determined by the Revenue Mobilisation Allocation and Fiscal Commission. (2) The remuneration, salaries and allowances payable to the holders of the offices so mentioned shall be charged upon the Consolidated Revenue Fund of the State. 92 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) The remuneration and salaries payable to the holders of the said offices and their conditions of service, other than allowances, shall not be altered to their disadvantage after their appointment. (4) The offices aforesaid are the offices of Governor, Deputy Governor, Auditor-General for a State and the Chairman and members of the following bodies, that is to say, the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission. (5) Provisions may be made by a Law of a House of Assembly for the grant of a pension or gratuity to or in respect of a person who had held office as Governor or Deputy Governor and was not removed from office as a result of impeachment; and any pension granted by virtue of any provision made in pursuance of this subsection shall be a charge upon the Consolidated Revenue Fund of the State. 125. Audit of public accounts (1) There shall be an Auditor-General for each State who shall be appointed in accordance with the provisions of section 126 of this Constitution. (2) The public accounts of a State and of all offices and courts of the State shall be audited by the Auditor-General for the State who shall submit his reports to the House of Assembly of the State concerned, and for that purpose the Auditor-General or any person authorised by him in that behalf shall have access to all the books, records, returns and other documents relating to those accounts. (3) Nothing in subsection (2) of this section shall be construed as authorising the Auditor-General to audit the accounts of or appoint auditors for government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by Law by the Auditor-General shall - (a) provide such bodies with – (i) a list of auditors qualified to be appointed by them as external auditors and from which the bodies shall appoint their external auditors, and 93 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(ii) a guideline on the level of fees to be paid to external auditors; and (b) comment on their annual accounts and auditor’s report thereon. (4) The Auditor-General for the State shall have power to conduct periodic checks of all government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by a law of the House of Assembly of the State. (5) The Auditor-General for a State shall, within ninety days of receipt of the Accountant-General’s financial statement and annual accounts of the State, submit his report to the House of Assembly of the State and the House shall cause the report to be considered by a committee of the House responsible for public accounts. (6) In the exercise of his functions under this Constitution, the Auditor-General for a State shall not be subject to the direction or control of any other authority or person. 126. Appointment of Auditor-General (1) The Auditor-General for a State shall be appointed by the Governor of the State on the recommendation of the State Civil Service Commission subject to confirmation by the House of Assembly of the State. (2) The power to appoint persons to act in the office of the Auditor- General for a State shall vest in the Governor. (3) Except with the sanction of a resolution of the House of Assembly of a State, no person shall act in the office of the Auditor-General for a State for a period exceeding six months. 127. Tenure of office of Auditor-General (1) A person holding the office of Auditor-General under section 126 (1) of this Constitution shall be removed from office by the Governor of the State acting on an address supported by two-thirds majority of the House of Assembly praying that he be so removed 94 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsfor inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct. (2) An Auditor-General shall not been removed from office before such retiring age as may be prescribed by Law, save in accordance with the provisions of this section. 128. Power to conduct investigations (1) Subject to the provisions of this Constitution, a House of Assembly shall have power by resolution published in its journal or in the Office Gazette of the Government of the State to direct or cause to be directed an inquiry or investigation into - (a) any matter or thing with respect to which it has power to make laws; and (b) the conduct of affairs of any person, authority, Ministry or government department charged, or intended to be charged, with the duty of or responsibility for – (i) executing or administering laws enacted by that House of Assembly, and (ii) disbursing or administering moneys appropriated or to be appropriated by such House. (2) The powers conferred on a House of Assembly under the provisions of this section are exercisable only for the purpose of enabling the House to - (a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and (b) expose corruption, inefficiency of waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it. 129. Power as to matters of evidence (1) For the purposes of any investigation under section 128 of this Constitution, and subject to the provisions thereof, a House of Assembly or a committee appointed in accordance with section 103 of this Constitution shall have power to - 95 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) procure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter; (b) require such evidence to be given on oath; (c) summon any person in Nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and (d) issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House of Assembly or the committee, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons and also to impose such fine as may be prescribed for any such failure, refusal or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law. (2) A summons or warrant issued under this section may be served or executed by any member of the Nigeria Police Force or by any person authorised in that behalf by the Speaker of the House of Assembly of the State. 96 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsCHAPTER VI The Executive PART I Federal Executive A - The President of the Federation 130. Establishment of the office of President (1) There shall be for the Federation a President. (2) The President shall be the Head of State and the Chief Executive of the Federation and Commander-in-Chief of the Armed Forces of the Federation. 131. Qualification for election as President A person shall be qualified for election to the office of the President if - (a) he is a citizen of Nigeria by birth; (b) he has attained the age of thirty-five years; (c) he is a member of a political party and is sponsored by that political party; and (d) he has been educated up to at least School Certificate level or its equivalent. 132. Election of President: general (1) An election to the office of President shall be held on a date to be appointed by the Independent National Electoral Commission in accordance with the Electoral Act. (2) An election to the said office shall be held on a date not earlier than one hundred and fifty days and not later than thirty days before the expiration of the term of office of the last holder of that office. [Section 132 (1) and (2) are altered by Constitution of the Federal Republic of Nigeria, 1999 (First Alteration Act) 2010]; [Section 132(2) is altered by Constitution of the Federal Republic of Nigeria, 1999 (Second Alteration Act) 2010][Section 131(b) is altered by Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration No.27) Act 2017] 97 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) Where in an election to the office of President one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission shall extend the time for nomination. (4) For the purpose of an election to the office of President, the whole of the Federation shall be regarded as one constituency. (5) Every person who is registered to vote at an election of a member of a legislative House shall be entitled to vote at an election to the office of President. 133. Election: single Presidential candidate A candidate for an election to the office of President shall be deemed to have been duly elected to such office where, being the only candidate nominated for the election - (a) he has a majority of YES votes over NO votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja, but where the only candidate fails to be elected in accordance with this section, then there shall be fresh nominations. 134. Election: two or more Presidential candidates (1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election - (a) he has the majority of votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja. 98 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election- (a) he has the highest number of votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja. (3) In a default of a candidate duly elected in accordance with subsection (2) of this section, there shall be a second election in accordance with subsection (4) of this section at which the only candidate shall be - (a) the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and (b) one among the remaining candidates who has a majority of votes in the highest number of States, so however that where there are more than one candidate with majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election. (4) In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within twenty-one days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of President if - (a) he has a majority of votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja. (5) In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall, within twenty-one days of the result of the election held under the [Section 134 (5) is altered by Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration No.9) Act 2017][Section 134 (4) is altered by Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration No.9) Act 2017] 99 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsaforesaid subsection (4), arrange for another election between the two candidates to which the subsection relates and a candidate at such election shall be deemed to have been duly elected to the office of President if he has a majority of the votes cast at the election. 135. Tenure of office of President (1) Subject to the provisions of this Constitution, a person shall hold the office of President until- (a) when his successor in office takes the oath of that office; (b) he dies whilst holding such office; or (c) the date when his resignation from office takes effect; or (d) he otherwise ceases to hold office in accordance with the provisions of this Constitution. (2) Subject to the provisions of subsection (1) of this section, the President shall vacate his office at the expiration of a period of four years commencing from the date, when - (a) in the case of a person first elected as President under this Constitution, he took the Oath of Allegiance and the oath of office; and (b) in any other case, the person last elected to that office under this Constitution took the Oath of Allegiance and oath of office or would, but for his death, have taken such oaths. (2A) In the determination of the four year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in the office before the date the election was annulled, shall be taken into account. (3) If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time.[Section 135(2A) is inserted by Constitution of the Federal Republic of Nigeria, 1999 (First Alteration Act) 2010] 100 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations136. Death, etc. of President-elect before oath of office (1) If a person duly elected as President dies before taking and subscribing the Oath of Allegiance and oath of office, or is for any reason whatsoever unable to be sworn in, the person elected with him as Vice-President shall be sworn in as President and he shall nominate a new Vice-President who shall be appointed by the new President with the approval by a simple majority of the National Assembly at a joint sitting. (2) Where the persons duly elected as President and Vice-President die or are unable for any reason whatsoever to assume office before the inauguration of the National Assembly, the Independent National Electoral Commission shall immediately conduct an election for a President and the Vice-President. 137. Disqualifications (1) A person shall not be qualified for election to the office of President if - (a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or (b) he has been elected to such office at any two previous elections; or (c) under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or (d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for any offence involving dishonesty or fraud (by whatever name called) or for any other offence, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or (e) within a period of less than ten years before the date of the election to the office of President he has been convicted and 101 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationssentenced for an offence involving dishonesty or he has been found guilty of the contravention of the Code of Conduct; or (f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria or any other country; or (g) being a person employed in the civil or public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election; or (h) he is a member of any secret society; or (i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government, respectively; or (j) he has presented a forged certificate to the Independent National Electoral Commission. (2) Where in respect of any person who has been - (a) adjudged to be a lunatic; (b) declared to be of unsound mind; (c) sentenced to death or imprisonment; or (d) adjudged or declared bankrupt, any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.[Section 137(1)(i) is deleted by Constitution of the Federal Republic of Nigeria, 1999 (First Alteration Act) 2010] 102 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) A person who was sworn-in as President to complete the term for which another person was elected as President shall not be elected to such office for more than a single term. 138. President: disqualification from other jobs . The President shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever. 139. Determination of certain questions relating to election The National Assembly shall by an Act make provisions as respects - (a) persons who may apply to the Court of Appeal for the determination of any question as to whether- (i) any person has been validly elected to the office of President or Vice-President, (ii) the term of office of the President or Vice-President has ceased, or (iii) the office of the President or Vice-President has become vacant; (b) circumstances and manner in which, and the conditions upon which such application may be made; and (c) powers, practice and procedure of the Court of Appeal in relation to any such application. 140. Declaration of assets and liabilities; oaths of President (1) A person elected to the office of President shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed in this Constitution and he has taken and subscribed the Oath of Allegiance and the oath of office prescribed in the Seventh Schedule to this Constitution. [Seventh Schedule] (2) The oaths aforesaid shall be administered by the Chief Justice of Nigeria or the person for the time being appointed to exercise the functions of that office. [Section 137(3) is inserted by Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration No.16) Act 2017] 103 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations141. Establishment of office of Vice-President There shall be for the Federation a Vice-President. 142. Nomination and election of Vice-President (1) In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid. (2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualification, declaration of assets and liabilities and oaths of President shall apply in relation to the office of Vice-President as if references to President were references to Vice-President. 143. Removal of President from office (1) The President or Vice-President may be removed from office in accordance with the provisions of this section. (2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly- (a) is presented to the President of the Senate; (b) stating that the holder of the office of President or Vice- President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified, the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly. 104 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated. (4) A motion of the National Assembly that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each House of the National Assembly. (5) Within seven days of the passing of a motion under the foregoing provisions, the Chief Justice of Nigeria shall at the request of the President of the Senate appoint a panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provided in this section. (6) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the panel by legal practitioners of his own choice. (7) A panel appointed under this section shall - (a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the National Assembly; and (b) within three months of its appointment report its findings to each House of the National Assembly. (8) Where the panel reports to each House of the National Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter. (9) Where the report of the panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report, each House of the National Assembly 105 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsshall consider the report, and if by a resolution of each House of the National Assembly, supported by not less than two-thirds majority of all its members, the report of the panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report. (10) No proceedings or determination of the panel or of the National Assembly or any matter relating thereto shall be entertained or questioned in any court. (11) In this section - “gross misconduct ” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct. 144. Permanent incapacity of President or Vice-President (1) The President or Vice-President shall cease to hold office, if - (a) by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and (b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives. (2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation. (3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section. 106 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(4) The medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria- (a) one of whom shall be the personal physician of the holder of the office concerned; and (b) four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions. (5) In this section, the reference to “ executive council of the Federation ” is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct. 145. Acting President during temporary absence of President (1) Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his Office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President. (2) In the event that the President is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the National Assembly shall, by a resolution made by a simple majority of the vote of each House of the National Assembly, mandate the Vice-President to perform the functions of the office of the President as Acting President until the President transmits a letter to the President of the Senate and Speaker of the House of Representatives that he is now available to resume his functions as President. 146. Discharge of functions of President (1) The Vice-President shall hold the office of President if the office of President becomes vacant by reason of death or resignation, [Section 145 is substituted by Constitution of the Federal Republic of Nigeria, 1999 (First Alteration Act) 2010] 107 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsimpeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 or 144 of this Constitution. (2) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office. (3) Where the office of Vice-President becomes vacant- (a) by reason of death or resignation, impeachment, permanent incapacity or removal in accordance with section 143 or 144 of this Constitution; (b) by his assumption of the office of President in accordance with subsection (1) of this section; or (c) for any other reason, the President shall nominate and, with the approval of each House of the National Assembly, appoint a new Vice-President. 147. Ministers of Federal Government (1) There shall be such offices of Ministers of the Government of the Federation as may be established by the President. (2) Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President. Provided that no Ministerial nominee shall be confirmed by the Senate unless evidence of declaration of assets and liabilities of the nominee as prescribed in this Constitution is presented. (3) Any appointment under subsection (2) of this section by the President shall be in conformity with the provisions of section 14(3) of this Constitution- [Section 147(2) is altered by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 23) Act, 2023] 108 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsProvided that in giving effect to the provisions aforesaid, the President shall appoint at least one Minister from each State, who shall be an indigene of such State. (4) Where a member of the National Assembly or of a House of Assembly is appointed as Minister of the Government of the Federation, he shall be deemed to have resigned his membership of the National Assembly or of the House of Assembly on his taking the oath of office as Minister. (5) No person shall be appointed as a Minister of the Government of the Federation unless he is qualified for election as a member of the House of Representatives. (6) An appointment to any of the offices aforesaid shall be deemed to have been made where no return has been received from the Senate within twenty-one working days of the receipt of nomination by the Senate. (7) Notwithstanding the provision of subsection (2) of this section, the nomination of any person to the office of a Minister for confirmation by the Senate shall be done within sixty days after the date the President has taken the oath of office: Provided that the President may appoint a Minister at any other time during his tenure and such appointment shall be subject to confirmation by the Senate. 148. Executive responsibilities of Ministers (1) The President may, in his discretion, assign to the Vice-President or any Minister of the Government of the Federation responsibility for any business of the Government of the Federation, including the administration of any department of government. (2) The President shall hold regular meetings with the Vice-President and all the Ministers of the Government of the Federation for the purposes of - (a) determining the general direction of domestic and foreign policies of the Government of the Federation; [Subsection (7) is inserted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 23) Act, 2023] 109 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) co-ordinating the activities of the President, the Vice-President and the Ministers of the Government of the Federation in the discharge of their executive responsibilities; and (c) advising the President generally in discharge of his executive functions other than those functions with respect to which he is required by this Constitution to seek the advice or act on the recommendation of any other person or body. 149. Declaration of assets and liabilities; oaths of Ministers A Minister of the Government of the Federation shall not enter upon the duties of his office, unless he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the oath for the due execution of the duties of his office prescribed in the Seventh Schedule to this Constitution. [Seventh Schedule] 150. Attorney-General of the Federation (1) There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation. (2) A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of the Federation unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for not less than ten years. 151. Special Advisers (1) The President may appoint any person as a Special Adviser to assist him in the performance of his functions. (2) The number of such Advisers and their remuneration and allowances shall be as prescribed by law or by resolution of the National Assembly. (3) Any appointment made pursuant to the provisions of this section shall be at the pleasure of the President and shall cease when the President ceases to hold office. 110 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations152. Declaration of assets and liabilities; oath of Special Adviser A person appointed as Special Adviser under section 151 of this Constitution shall not begin to perform the functions of his office until he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and oath of office prescribed in the Seventh Schedule to this Constitution. [Seventh Schedule] B - Establishment of certain Federal Executive Bodies 153. Federal Commissions and Councils, etc. (1) There shall be established for the Federation the following bodies, namely- (a) Code of Conduct Bureau; (b) Council of State; (c) Federal Character Commission; (d) Federal Civil Service Commission; (e) Federal Judicial Service Commission; (f) Independent National Electoral Commission; (g) National Defence Council; (h) National Economic Council; (i) National Judicial Council; (j) National Population Commission; (k) National Security Council; (l) Nigeria Police Council; (m) Police Service Commission; and (n) Revenue Mobilisation Allocation and Fiscal Commission. (2) The composition and powers of each body established by subsection (1) of this section are as contained in Part 1 of the Third Schedule to this Constitution. [Part I Third Schedule] 154. Appointment of Chairman and members (1) Except in the case of ex-officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this 111 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsConstitution, be appointed by the President and the appointment shall be subject to confirmation by the Senate. (2) In exercising his powers to appoint a person as Chairman or member of the Council of State or the National Defence Council or the National Security Council, the President shall not be required to obtain the confirmation of the Senate. (3) In exercising his powers to appoint a person as Chairman or member of the Independent National Electoral Commission, National Judicial Service Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State. 155. Tenure of office of members (1) A person who is a member of any of the bodies established as aforesaid shall, subject to the provisions of this Part, remain a member thereof - (a) in the case of an ex-officio member, whilst he holds the office by virtue of which he is a member of the body; (b) in the case of a person who is a member by virtue of his having previously held an office, for the duration of his life; and (c) in the case of a person who is a member otherwise than as ex-officio member or otherwise than by virtue of his having previously held an office, for a period of five years from the date of his appointment. (2) A member of any of the bodies shall cease to be member if any circumstances arise that, if he were not a member of the body, would cause him to be disqualified for appointment as such a member. 156. Qualification for membership (1) No person shall be qualified for appointment as a member of any of the bodies aforesaid if - 112 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) he is not qualified or if he is disqualified for election as a member of the House of Representatives; provided that a member of any of these bodies shall not be required to belong to a political party, and in the case of the Independent National Electoral Commission, he shall not be a member of a political party. (b) within the preceding ten years, he has been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct. (2) Any person employed in the public service of the Federation shall not be disqualified for appointment as Chairman or member of any of such bodies: Provided that where such person has been duly appointed he shall, on his appointment, be deemed to have resigned his former office as from the date of the appointment. (3) No person shall be qualified for appointment to any of the bodies aforesaid if, having previously been appointed as a member otherwise than as an ex-officio member of that body, he has been re-appointed for a further term as a member of the same body. 157. Removal of members (1) Subject to the provisions of subsection (3) of this section, a person holding any of the offices to which this section applies may only be removed from that office by the President acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct. (2) This section applies to the offices of the Chairman and members of the Code of Conduct Bureau, the Federal Civil Service Commission, the Independent National Electoral Commission, the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission and the Police Service Commission. [Section 156(1(a) is altered by the Constitution of Federal Republic of Nigeria (First Alteration Act) 2010] 113 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) All members of the National Population Commission shall cease to be members if the President declares a National Census Report as unreliable and the report is rejected in accordance with section 213 of this Constitution. 158. Independence of certain bodies (1) In exercising its power to make appointments or to exercise disciplinary control over persons, the Code of Conduct Bureau, the National Judicial Council, the Federal Civil Service Commission, the Federal Judicial Service Commission, the Revenue Mobilisation and Fiscal Commission, the Federal Character Commission, and the Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person. (2) The National Population Commission shall not be subject to the direction or control of any other authority or person- (a) in appointing, training or arranging for the training of enumerators or other staff of the Commission to assist it in the conduct of any population census; (b) in deciding whether or not to accept or revise the return of any officer of the said Commission concerning the population census in any area or part of the Federation; (c) in carrying out the operation of conducting the census; and (d) in compiling its report of a national census for publication. 159. Quorum and decisions (1) The quorum for a meeting of any of the bodies established by