Indexed passage in the Constitution of Nigeria

Supreme Court and Justices of the Court of Appeal, the President shall have regard to the need to ensure that there are among the holders of such offices persons learned in Islamic personal law and persons learned in customary law. (2) For the purposes of subsection (1) of this section - (a) a person shall be deemed to be learned in Islamic personal law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of a Justice of the Supreme Court or not less than twelve years in the case of a Justice of the Court of Appeal and has in either case obtained a recognised qualification in Islamic law from an institution acceptable to the National Judicial Council; and (b) a person shall be deemed to be learned in customary law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of a Justice of the Supreme Court or not less than twelve years in the case of a Justice of the Court of Appeal and has in either case and in the opinion of the National Judicial Council considerable knowledge of and experience in the practice of customary law. 289. Disqualification of certain legal practitioners No legal practitioner shall be qualified for appointment as a Justice of the Supreme Court, the Court of Appeal or a Judge of a Federal High Court or Judge of the National Industrial Court or a Judge of a High Court or a Kadi of a Sharia Court of Appeal or a Judge of the Customary Court of Appeal whilst he is a member of the National Judicial Council or the Federal Judicial Service Commission or the Judicial Service Committee of the Federal Capital Territory, Abuja or a State Judicial Service Commission, and he shall remain so disqualified until a period of three years has elapsed since he ceased to be a member. [Section 289 is altered by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] 190 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations290. Declaration of assets and liabilities: oaths of judicial officers (1) A person appointed to any judicial office shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed under this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the Judicial Oath prescribed in the Seventh Schedule to this Constitution. [Seventh Schedule] (2) The oaths aforesaid shall be administered by the person for the time being authorised by law to administer such oaths. 291. Tenure of office and pension rights of judicial officers (1) A judicial officer appointed to any of the superior courts of record specified in section 6 (5) of this Constitution may retire when he attains the age of sixty-five years and he shall cease to hold office when he attains the age of seventy years. (2) Any person who has held office as a judicial officer of a superior court of record - (a) for a period of not less than ten years shall, if he retires at or after the age of sixty-five years, be entitled to pension for life at a rate equivalent to his last annual salary and all allowances in addition to any other retirement benefit to which he may be entitled; (b) for a period less than ten years shall, if he retires at or after the age of sixty-five years, be entitled for pension for life at a rate as in paragraph (a) of this subsection pro-rata the number of years he served as a judicial officer in relation to the period of ten years, and all allowances in addition to other retirement benefits to which he may be entitled under his terms and conditions of service; and (c) in any other case, shall be entitled to such pension and other retirement benefits as may be regulated by an Act of the National Assembly. [Section 291 is substituted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 37) Act, 2023] 191 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) All pensions, allowances and other retirement benefits to which a judicial officer may be entitled, shall be a charge upon the Consolidated Revenue Fund of the Federation and shall be paid directly by the National Judicial Council. (4) Subject to the provisions of this section of the Constitution, the provisions of any other law that provides for pensions, gratuities and other retirement benefits for persons in the Public Service of the Federation or of a State shall apply. 292. Removal of judicial officers from office (1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances - (a) in the case of - (i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, President of the National Industrial Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate, (ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State, praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct; (b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether [Section 292(1)(a) (i) is altered by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] 192 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsarising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct. (2) Any person who has held office as a judicial officer shall not on ceasing to be a judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in Nigeria. 293. Vacancies Except for the purposes of exercising any jurisdiction conferred by this Constitution or by any other law, every court established under this Constitution shall be deemed to be duly constituted notwithstanding any vacancy in the membership of the court. 294. Determination of causes and matters (1) Every court established under this Constitution shall deliver its decision in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof. (2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion: Provided that it shall not be necessary for the Justices who heard a cause or matter to be present when judgment is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing. (3) A decision of a court consisting of more than one Judge shall be determined by the opinion of the majority of its members. (4) For the purpose of delivering its decision under this section, the Supreme Court, or the Court of Appeal or the National Industrial Court , shall be deemed to be duly constituted if at least one member of that court sits for that purpose. [Section 294(4) is altered by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] 193 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(5) The decision of a court shall not be set aside or treated as a nullity solely on the ground of non-compliance with the provisions of subsection (1) of this section, unless the court exercising jurisdiction by way of appeal or review of that decision is satisfied that the party complaining has suffered a miscarriage of justice by reason thereof. (6) As soon as possible after hearing and deciding any case in which it has been determined or observed that there was non-compliance with the provisions of subsection (1) of this section, the person presiding at the sitting of the court shall send a report on the case to the Chairman of the National Judicial Council who shall keep the Council informed of such action as the Council may deem fit. 295. Reference of questions of law (1) Where any question as to the interpretation or application of this Constitution arises in any proceedings in any court of law in any part of Nigeria (other than in the Supreme Court, the Court of Appeal, the Federal High Court or the National Industrial Court or a High Court) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any of the parties to the proceedings so requests, refer the question to the Federal High Court or the National Industrial Court or a High Court having jurisdiction in that part of Nigeria and the Federal High Court or the National Industrial Court or the High Court shall - (a) if it is of opinion that the question involves a substantial question of law, refer the question to the Court of Appeal; or (b) if it is of opinion that the question does not involve a substantial question of law, remit the question to the court that made the reference to be disposed of in accordance with such directions as the Federal High Court or the National Industrial Court or the High Court may think fit to give. (2) Where any question as to the interpretation or application of this Constitution arises in any proceedings in the Federal High Court or the National Industrial Court or a High Court, and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, [Section 295(1), (1) (b) and (2) are altered by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] 194 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsrefer the question to the Court of Appeal; and where any question is referred in pursuance of this subsection, the court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision. (3) Where any question as to the interpretation or application of this Constitution arises in any proceedings in the Court of Appeal and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the Supreme Court which shall give its decision upon the question and give such directions to the Court of Appeal as it deems appropriate. 296. Interpretation In this Chapter, unless the context otherwise requires, “ office ”, when used with reference to the validity of an election to an office, includes the office of President of the Federation, Vice-President of the Federation and Governor or Deputy Governor of a State but does not include the office of President of the Senate, Speaker of the House of Representatives, Speaker of a House of Assembly or any office established by this Constitution. CHAPTER VIII Federal Capital Territory, Abuja and general supplementary provisions PART I Federal Capital Territory, Abuja 297. Federal Capital Territory, Abuja: ownership of lands (1) There shall be a Federal Capital Territory, Abuja the boundaries of which are as defined in Part II of the First Schedule to this Constitution. (2) The ownership of all lands comprised in the Federal Capital Territory, Abuja shall vest in the Government of the Federal Republic of Nigeria. 195 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations298. Capital of the Federation The Federal Capital Territory, Abuja shall be the Capital of the Federation and seat of the Government of the Federation. 299. Application of Constitution The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly - (a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja; (b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and (c) the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section. 300. Representation in the National Assembly For the purposes of Chapter V of this Constitution, the Federal Capital Territory, Abuja shall constitute one Senatorial district and as many Federal constituencies as it is entitled to under section 49 of this Constitution. 301. Adaptation of certain references Without prejudice to the generality of the provisions of section 299 of this Constitution, in its application to the Federal Capital Territory, Abuja, this Constitution shall be construed as if- (a) references to the Governor, Deputy Governor and the executive council of a State (howsoever called) were references to the President, Vice-President and the executive council of the Federation (howsoever called) respectively; 196 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) references to the Chief Judge and Judges of the High Court of a State were references to the Chief Judge and Judges of the High Court, which is established for the Federal Capital Territory, Abuja by the provisions of this Constitution; and (c) references to persons, offices and authorities of a State were references to the persons, offices and authorities of the Federation with like status, designations and powers, respectively; and in particular, as if references to the Attorney- General, Commissioners and the Auditor-General for a State were references to the Attorney-General, Ministers and the Auditor-General of the Federation with like status, designations and powers. 302. Minister of Federal Capital Territory, Abuja The President may, in exercise of the powers conferred upon him by section 147 of this Constitution, appoint for the Federal Capital Territory, Abuja a Minister who shall exercise such powers and perform such functions as may be delegated to him by the President, from time to time. 303. Administration of the Federal Capital Territory, Abuja The Federal Capital Territory, Abuja shall comprise six area councils and the administrative and political structure thereof shall be as provided by an Act of the National Assembly. 304. Establishment of the Judicial Service Committee of the Federal Capital Territory, Abuja (1) There shall be for the Federal Capital Territory, Abuja, a Judicial Service Committee of the Federal Capital Territory, Abuja, the composition and functions of which shall be as provided in Part III of the Third Schedule to this Constitution. (2) The provisions of sections 154(1) and (3), 155, 156, 157(1) and (2), 158(1) and 159 to 161 of this Constitution shall apply with necessary modifications to the Judicial Service Committee of the Federal Capital Territory, Abuja. [Part III Third Schedule] 197 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART II Miscellaneous Provisions 305. Procedure for proclamation of state of emergency (1) Subject to the provisions of this Constitution, the President may by instrument published in the official Gazette of the Government of the Federation issue a proclamation of a state of emergency in the Federation or any part thereof. (2) The President shall immediately after the publication, transmit copies of the official Gazette of the Government of the Federation containing the proclamation, including the details of the emergency, to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the proclamation. (3) The President shall have power to issue a proclamation of a state of emergency only when – (a) the Federation is at war; (b) the Federation is in imminent danger of invasion or involvement in a state of war; (c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security; (d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger; (e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation; 198 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or (g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section. (4) The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of Assembly, request the President to issue a proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State. (5) The President shall not issue a proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such proclamation. (6) A proclamation issued by the President under this section shall cease to have effect – (a) if it is revoked by the President by instrument published in the official Gazette of the Government of the Federation; (b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the proclamation; (c) after a period of six months has elapsed since it has been in force: Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or 199 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the proclamation by a simple majority of all the members of each House. 306. Resignations (1) Save as otherwise provided in this section, any person who is appointed, elected or otherwise selected to any office established by this Constitution, may resign from that office by writing under his hand addressed to the authority or person by whom he was appointed, elected or selected. (2) The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it. (3) The notice of resignation of the President and of the Vice- President shall respectively be addressed to the President of the Senate and to the President. (4) On the resignation of the President, the President of the Senate shall forthwith give notice of the resignation to the Speaker of the House of Representatives. (5) The notice of resignation of the Governor and of the Deputy Governor of a State shall respectively be addressed to the Speaker of the House of Assembly and the Governor of the State. (6) The notice of resignation of the President of the Senate and of the Speaker of the House of Representatives shall in each case be addressed to the Clerk of the National Assembly, and the notice of resignation of the Speaker of a House of Assembly shall be addressed to the Clerk of the House of Assembly of the State. (7) The notice of resignation of a member of a legislative house shall be addressed to the President of the Senate or, as the case may require, to the Speaker of the legislative house in question. 200 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations307. Restriction on certain citizens Notwithstanding any provisions contained in Chapter IV and subject to sections 131 and 177 of this Constitution, no citizen of Nigeria, by registration or under a grant of certificate of naturalisation, shall within ten years of such registration or grant, hold any elective or appointive office under this Constitution. 308. Restrictions on legal proceedings (1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section – (a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office; (b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and (c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office. (2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party. (3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “ period of office ” is a reference to the period during which the person holding such office is required to perform the functions of the office. 201 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART III Transitional provisions and savings 309. Citizenship Notwithstanding the provisions of Chapter III of this Constitution, but subject to section 28 thereof, any person who became a citizen of Nigeria by birth, registration or naturalisation under the provisions of any other Constitution, shall continue to be a citizen of Nigeria under this Constitution. 310. Staff of legislative houses (1) Until the National Assembly or a House of Assembly has exercised its powers to initiate legislation in accordance with the provisions of section 51 or 93 of this Constitution, the Clerk or other staff of a legislative House shall be appointed, as respects each House of the National Assembly, by the Federal Civil Service Commission, and as respects a House of Assembly, by the State Civil Service Commission. (2) In exercising its powers under the provisions of this section, the Federal Civil Service Commission shall consult, as appropriate, the President of the Senate or the Speaker of the House of the Representatives, and a State Civil Service Commission shall consult the Speaker of the House of Assembly of the State. 311. Standing Orders (1) The provisions of this section shall have effect until the National Assembly or a House of Assembly exercises the powers conferred upon it by section 60 or 101 of this Constitution as appropriate. (2) The Standing Orders of the Senate in existence before its dissolution under section 64 of this Constitution shall apply in relation to the proceedings of the first session of the Senate convened by the President under section 64 of this Constitution. (3) The Standing Orders of the House of Representatives in existence before its dissolution under section 64 of this Constitution shall apply in relation to the proceedings of the first session of the House [Sections 311 (2) to (5) are substituted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 8) Act, 2023] 202 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsof Representatives convened by the President under section 64 of this Constitution. (4) The Standing Orders of the State House of Assembly in existence before its dissolution under section 105 of the Constitution shall apply in relation to the proceedings of the first session of the State House of Assembly convened by the Governor under section 105 this Constitution. (5) The Standing Orders of a legislative house before its dissolution under section 64 or 105 of this Constitution may be modified within such a reasonable time after the inauguration and first session of the legislative house to bring them in conformity with the proceedings of the newly inaugurated legislative house. (6) In this section, the “ former Constitution ” refers to the Constitution of the Federal Republic of Nigeria 1979. [Cap. 62. LFN 1990] 312. Special provisions in respect of first election (1) The electoral commission established for the Federation under any law in force immediately before the date when this section comes into force shall be responsible for performing the functions conferred on the Independent National Electoral Commission established by the provisions of this Constitution. (2) Any person who before the coming into force of this Constitution was elected to any elective office mentioned in this Constitution in accordance with the provisions of any law in force immediately before the coming into force of this Constitution, shall be deemed to have been duly elected to that office under this Constitution. 313. System of revenue allocation Pending any Act of the National Assembly for the provision of a system of revenue allocation between the Federation and the States, among the States, between the States and local government councils and among the local government councils in the States, the system of revenue allocation in existence for the financial year [Section 311 (6) is deleted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 8) Act, 2023] 203 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsbeginning from 1st January 1998 and ending on 31st December 1998 shall, subject to the provisions of this Constitution and as from the date when this section comes into force, continue to apply: Provided that where functions have been transferred under this Constitution from the Government of the Federation to the States and from the States to local government councils the appropriations in respect of such functions shall also be transferred to the States and the local government councils, as the case may require. 314. Debts Any debt of the Federation or of a State which immediately before the date when this section comes into force was charged on the revenue and assets of the Federation or on the revenue and assets of a State shall, as from the date when this section comes into force, continue to be so charged. 315. Existing law (1) Subject to the provisions of this Constitution, an existing law shall have effect with such modifications as may be necessary to bring it into conformity with the provisions of this Constitution and shall be deemed to be – (a) an Act of the National Assembly to the extent that it is a law with respect to any matter on which the National Assembly is empowered by this Constitution to make laws; and (b) a Law made by a House of Assembly to the extent that it is a law with respect to any matter on which a House of Assembly is empowered by this Constitution to make laws. (2) The appropriate authority may at any time by order make such modifications in the text of any existing law as the appropriate authority considers necessary or expedient to bring that law into conformity with the provisions of this Constitution. (3) Nothing in this Constitution shall be construed as affecting the power of a court of law or any tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any other law, that is to say- 204 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) any other existing law; (b) a law of a House of Assembly; (c) an Act of the National Assembly; or (d) any provision of this Constitution. (4) In this section, the following expressions have the meanings assigned to them, respectively – (a) “appropriate authority ” means – (i) the President, in relation to the provisions of any law of the Federation, (ii) the Governor of a State, in relation to the provisions of any existing law deemed to be a law made by the House of Assembly of that State, or (iii) any person appointed by any law to revise or rewrite the laws of the Federation or of a State; (b) “existing law ” means any law and includes any rule of law or any enactment or instrument whatsoever which is in force immediately before the date when this section comes into force or which, having been passed or made before that date comes into force after that date; and (c) “modification ” includes addition, alteration, omission or repeal. (5) Nothing in this Constitution shall invalidate the following enactments, that is to say – (a) the National Youth Service Corps Decree 1993; [Cap. N84] (b) the Public Complaints Commission Act; [Cap. P37] (c) the National Security Agencies Act; [Cap. N74] (d) the Land Use Act, [Cap. L5] 205 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsand the provisions of those enactments shall continue to apply and have full effect in accordance with their tenor and to the like extent as any other provisions forming part of this Constitution and shall not be altered or repealed except in accordance with the provisions of section 9 (2) of this Constitution. (6) Without prejudice to subsection (5) of this section, the enactments mentioned in the said subsection shall hereafter continue to have effect as Federal enactments and as if they related to matters included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution. [Part I Second Schedule] 316. Existing offices, courts and authorities (1) Any office, court of law or authority which immediately before the date when this section comes into force was established and charged with any function by virtue of any other Constitution or law, shall be deemed to have been duly established and shall continue to be charged with such function until other provisions are made, as if the office, court of law or authority was established and charged with the function by virtue of this Constitution or in accordance with the provisions of a law made thereunder. (2) Any person who immediately before the date when this section comes into force holds office by virtue of any other Constitution or law in force immediately before the date when this section comes into force shall be deemed to be duly appointed to that office by virtue of this Constitution or by any authority by whom appointments to that office fall to be made in pursuance of this Constitution. (3) Notwithstanding the provisions of subsection (2) of this section, any person holding such office, a member of a court of law or authority, who would have been required to vacate such office, or where his membership of such court of law or authority would have ceased but for the provisions of the said subsection (2) of this section, shall at the expiration of the period prescribed therefor after the date when this section comes into force vacate such office or, as the case may be, his membership of such court of law or authority shall cease, accordingly. 206 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(4) The foregoing provisions of this section are without prejudice to the exercise of such powers as may be conferred by virtue of this Constitution or a law upon any authority or person to make provisions with respect to such matters as may be prescribed or authorised by this Constitution or such law, including the establishment and abolition of offices, courts of law or authorities, and with respect to the appointment of persons to hold offices or to be members of courts of law or authorities and their removal from such offices, courts of law or authorities. (5) Notwithstanding the provisions of this section, the National Industrial Court Act, 2006 and any office or authority established and charged with any function under the Act, shall be deemed to have been duly established and shall continue to be charged with such function by virtue of this Constitution or in accordance with the provision of a law made thereunder. 317. Succession to property, rights, liabilities and obligations (1) Without prejudice to the generality of section 315 of this Constitution, any property, right, privilege, liability or obligation which immediately before the date when this section comes into force was vested in, exercisable or enforceable by or against- (a) the former authority of the Federation as representative or trustee for the benefit of the Federation; (b) any former authority of a State as representative or trustee for the benefit of the State, shall on the date when this section comes into force and without further assurance than the provisions hereof vest in, or become exercisable or enforceable by or against the President and Government of the Federation, and the Governor and Government of the State, as the case may be. (2) For the purposes of this section – (a) the President and Government of the Federation, and the Governor and Government of a State, shall be deemed, respectively, to be successors to the said former authority of the Federation and former authority of the State in question; and [Section 316(5) is inserted by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] 207 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) references in this section to “ former authority of the Federation ” and “ former authority of a State ” include references to the former Government of the Federation and the former Government of a State, a local government authority or any person who exercised any authority on its behalf. PART IV Interpretation, citation and commencement 318. Interpretation (1) In this constitution, unless it is otherwise expressly provided or the context otherwise requires- “Act” or “ Act of the National Assembly ” means any law made by the National Assembly and includes any law which takes effect under the provisions of this Constitution as an Act of the National Assembly; “appointment ” or its cognate expression includes appointment on promotion and transfer or confirmation of appointment; “area council ” means each of the administrative areas within the Federal Capital Territory, Abuja; “authority ” includes government; “belong to ” or its grammatical expression when used with reference to a person in a State refers to a person either of whose parents or any of whose grandparents was a member of a community indigenous to that State; “civil service of the Federation ” means service of the Federation in a civil capacity as staff of the office of the President, the Vice- President, a ministry or department of the Government of the Federation assigned with the responsibility for any business of the Government of the Federation; 208 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations“civil service of the State ” means service of the Government of a State in a civil capacity as staff of the office of the Governor, Deputy Governor or a ministry or department of the Government of the State assigned with the responsibility for any business of the Government of the State; “Code of Conduct ” refers to the Code of Conduct contained in the Fifth Schedule to this Constitution; [Fifth Schedule] “Commissioner ” means a Commissioner of the Government of a State; “Concurrent Legislative List ” means the list of matters set out in the first column in Part II of the Second Schedule to this Constitution with respect to which the National Assembly and a House of Assembly may make laws to the extent prescribed, respectively, opposite thereto in the second column thereof; [Part II Second Schedule] “decision ” means, in relation to a court, any determination of that court and includes judgment, act, order, conviction, sentence or recommendation; “enactment ” means provision of any law or a subsidiary instrument; “Exclusive Legislative List ” means the list in Part I of the Second Schedule to this Constitution; [Part I Second Schedule] “existing law ” has the meaning assigned to it in section 315 of this Constitution; “federal character of Nigeria ” refers to the distinctive desire of the peoples of Nigeria to promote national unity, foster national 209 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsloyalty and give every citizen of Nigeria a sense of belonging to the nation as expressed in section 14 (3) and (4) of this Constitution; “Federation ” means the Federal Republic of Nigeria; “financial year” means any period of twelve months beginning on the first day of January in any year or such other date as the National Assembly may prescribe; “function ” includes power and duty; “government ” includes the Government of the Federation, or of any State, or of a local government council or any person who exercises power of authority on its behalf; “Governor ” or “ Deputy Governor ” means the Governor of a State or a Deputy Governor of a State; “House of Assembly ” means the House of Assembly of a State; “judicial office ” means the office of Chief Justice of Nigeria or a Justice of the Supreme Court, the President or Justice of the Court of Appeal, the office of the Chief Judge or a Judge of the Federal High Court, the office of the President or Judge of the National Industrial Court , the office of the Chief Judge or Judge of the High Court of the Federal Capital Territory, Abuja, the office of the Chief Judge of a State and Judge of the High Court of a State, a Grand Kadi or Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, a President or Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja, a Grand Kadi or Kadi of the Sharia Court of Appeal of a State, or President or a Judge of the Customary Court of Appeal of a State; and a reference to a “judicial officer ” is a reference to the holder of any such office; “law” means a law enacted by the House of Assembly of a State; “legislative house ” means the Senate, House of Representatives or a House of Assembly. [Definition of judicial office under Section 318 is altered by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] 210 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations“local government area ” or “ local government council ” includes an area council; “member ” when used with reference to any commission or other bodies established by this Constitution, includes the Chairman of that commission or body; “Minister ” means a Minister of the Government of the Federation; “National Assembly ” means the Senate and the House of Representatives established by this Constitution; “oath ” includes affirmation; “Oath of Allegiance ” means Oath of Allegiance prescribed in the Seventh Schedule to this Constitution; [Seventh Schedule] “office ” when used with reference to the validity of an election, means any office the appointment to which is by election under this Constitution; “population quota ”- (a) when used with reference to a Senatorial district, means the number obtained by dividing the number of the inhabitants of a State by the number of districts into which that State is divided under section71 (a) of this Constitution; (b) when used with reference to a Federal constituency, means the number obtained by dividing the number of the inhabitants of Nigeria by the number of Federal constituencies into which Nigeria is divided under section 71(b) of this Constitution; and (c) when used with reference to a State constituency, means the number obtained by dividing the number of the inhabitants of a State by the number of State constituencies into which that State is divided under section 112 of this Constitution; “power ” includes function and duty; 211 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations“prescribed ” means prescribed by or under this Constitution or any other law; “President ” or “ Vice-President ” means the President or Vice- President of the Federal Republic of Nigeria; “public service of the Federation ” means the service of the Federation in any capacity in respect of the Government of the Federation, and includes service as- (a) Clerk or other staff of the National Assembly or of each House of the National Assembly; (b) member of staff of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court , the High Court of the Federal Capital Territory, Abuja, the Sharia Court of Appeal of the Federal Capital Territory, Abuja, the Customary Court of Appeal of the Federal Capital Territory, Abuja; or other courts established for the Federation by this Constitution and by an Act of the National Assembly; (c) member or staff of any commission or authority established for the Federation by this Constitution or by an Act of the National Assembly; (d) staff of any area council; (e) staff of any statutory corporation established by an Act of the National Assembly; (f) staff of any educational institution established or financed principally by the Government of the Federation; (g) staff of any company or enterprise in which the Government of the Federation or its agency owns controlling shares or interest; and (h) members or officers of the armed forces of the Federation or the Nigeria Police Force or other government security agencies established by law;[Definition of public service of the Federation under Section 318 is altered by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] 212 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations“public service of a State ” means the service of the State in any capacity in respect of the Government of the State and includes service as - (a) Clerk or other staff of the House of Assembly; (b) member of staff of the High Court, the Sharia Court of Appeal, the Customary Court of Appeal; or other courts established for a State by this Constitution or by a Law of a House of Assembly; (c) member or staff of any commission or authority established for the State by this Constitution or by a Law of a House of Assembly; (d) staff of any local government council; (e) staff of any statutory corporation established by a Law of a House of Assembly; (f) staff of any educational institution established or financed principally by a government of a State; and (g) staff of any company or enterprise in which the government of a State or its agency holds controlling shares or interest; “School Certificate or its equivalent ” means - (a) a Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or (b) education up to Secondary School Certificate level; or (c) Primary Six School Leaving Certificate or its equivalent and – (i) service in the public or private sector in the Federation in any capacity acceptable to the Independent National Electoral Commission for a minimum of ten years; and (ii) attendance at courses and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totalling up to a minimum of one year; and 213 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(iii) the ability to read, write, understand and communicate in the English language to the satisfaction of the Independent National Electoral Commission; and (d) any other qualification acceptable by the Independent National Electoral Commission; “Secret society ” includes any society, association, group or body of persons (whether registered or not) - (a) that uses secret signs, oaths, rites or symbols and which is formed to promote a cause, the purpose or part of the purpose of which is to foster the interest of its members and to aid one another under any circumstances without due regard to merit, fair play or justice, to the detriment of the legitimate interest of those who are not members; (b) the membership of which is incompatible with the function or dignity of any public office under this Constitution and whose members are sworn to observe oaths of secrecy; or (c) the activities of which are not known to the public at large, the names of whose members are kept secret and whose meetings and other activities are held in secret; “State ” when used otherwise than in relation to one of the component parts of the Federation, includes government. (2) Wherever it is provided that any authority or person has power to make, recommend or approve an appointment to an office, such power shall be construed as including the power to make, recommend or approve a person for such appointment, whether on promotion or otherwise, or to act in any such office. (3) In this Constitution, references to a person holding an office shall include references to a person acting in such office. (4) The Interpretation Act shall apply for the purpose of interpreting the provisions of this Constitution. [Cap. I23 LFN] 214 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations319. Citation This Constitution may be cited as the Constitution of the Federal Republic of Nigeria 1999. 320. Commencement The provisions of this Constitution shall come into force on 29th day of May 1999. 215 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsSCHEDULES FIRST SCHEDULE [Section 3] PART I States of the Federation State Local Government Areas Capital City Abia Aba North, Aba South, Arochukwu, Bende, Ikwuano, Isiala-Ngwa North, Isiala-Ngwa South, Isuikwuato, Obi Ngwa, Ohafia, Osisioma Ngwa, Ugwunagbo, Ukwa East, Ukwa West, Umuahia North, Umuahia South, Umu- Nneochi Umuahia Adamawa Demsa, Fufore, Ganye, Girei, Gombi, Guyuk, Hong, Jada, Lamurde, Madagali, Maiha, Mayo-Belwa, Michika, Mubi North, Mubi South, Numan, Shelleng, Song, Toungo, Yola North, Yola SouthYola Akwa Ibom Abak, Eastern Obolo, Eket, Esit Eket, Essien Udim, Etim Ekpo, Etinan, Ibeno, Ibesikpo Asutan, Ibiono Ibom, Ika, Ikono, Ikot Abasi, Ikot Ekpene, Ini, Itu, Mbo, Mkpat Enin, Nsit Atai, Nsit Ibom, Nsit Ubium, Obot Akara, Okobo, Onna, Oron, Oruk Anam, Udung Uko, Ukanafun, Uruan, Urue-Offong/Oruko, UyoUyo 216 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsAnambra Aguata, Anambra East, Anambra West, Anaocha, Awka North, Awka South, Ayamelum, Dunukofia, Ekwusigo, Idemili North, Idemili South, Ihiala, Njikoka, Nnewi North, Nnewi South, Ogbaru, Onitsha North, Onitsha South, Orumba North, Orumba South, OyiAwka Bauchi Alkaleri, Bauchi, Bogoro, Damban, Darazo, Dass, Gamawa, Ganjuwa, Giade, Itas/Gadau, Jama’are, Katagum, Kirfi, Misau, Ningi, Shira, Tafawa-Balewa, Toro, Warji, Zaki Bauchi Bayelsa Brass, Ekeremor, Kolokuma/Opokuma, Nembe, Ogbia, Sagbama, Southern Ijaw, YenegoaYenegoa Benue Ado, Agatu, Apa, Buruku, Gboko, Guma, Gwer East, Gwer West, Katsina-Ala, Konshisha, Kwande, Logo, Makurdi, Obi, Ogbadibo, Oju, Okpokwu, Ohimini, Oturkpo, Tarka, Ukum, Ushongo, VandeikyaMakurdi Borno Abadam, Askira/Uba, Bama, Bayo, Biu, Chibok, Damboa, Dikwa, Gubio, Guzamala, Gwoza, Hawul, Jere, Kaga, Kala/Balge, Konduga, Kukawa, Kwaya Kusar, Mafa, Magumeri, Maiduguri, Marte, Mobbar, Monguno, Ngala, Nganzai, ShaniMaiduguri Cross River Abi, Akamkpa, Akpabuyo, Bakassi, Bekwara, Biase, Boki, Calabar- Municipal, Calabar South, Etung, Ikom, Obanliku, Obubra, Obudu, Odukpani, Ogoja, Yakurr, Yala Calabar 217 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsDelta Aniocha North, Aniocha South, Bomadi, Burutu, Ethiope East, Ethiope West, Ika North East, Ika South, Isoko North, Isoko South, Ndokwa East, Ndokwa West, Okpe, Oshimili North, Oshimili South, Patani, Sapele, Udu, Ughelli North, Ughelli South, Ukwuani, Uvwie, Warri North, Warri South, Warri South WestAsaba Ebonyi Abakaliki, Afikpo , Edda , Ebonyi, Ezza North, Ezza South, Ikwo, Ishielu, Ivo, Izzi, Ohaozara, Ohaukwu, Onicha Abakaliki Edo Akoko-Edo, Egor, Esan Central, Esan North East, Esan South East, Esan West, Etsako Central, Etsako East, Etsako West, Igueben, Ikpoba-Okha, Oredo, Orhionmwon, Ovia North East, Ovia South West, Owan East, Owan West, UhunmwondeBenin City Ekiti Ado Ekiti, Aiyekire, Efon, Ekiti East, Ekiti South West, Ekiti West, Emure, Ido-Osi, Ijero, Ikere, Ikole, Ilejemeji, Irepodun/Ifelodun, Ise/Orun, Moba, OyeAdo Ekiti Enugu Aninri, Awgu, Enugu East, Enugu North, Enugu South, Ezeagu, Igbo- Etiti, Igbo-Eze North, Igbo-Eze South, Isi-Uzo, Nkanu East, Nkanu West, Nsukka, Oji-River, Udenu, Udi, Uzo- UwaniEnugu Gombe Akko, Balanga, Billiri, Dukku, Funakaye, Gombe, Kaltungo, Kwami, Nafada, Shomgom, Yamaltu/DebaGombe[First Schedule, Part I is altered by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No.1) Act), 2023] 218 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsImo Aboh-Mbaise, Ahiazu-Mbaise, Ehime- Mbano, Ezinihitte, Ideato North, Ideato South, Ihitte/Uboma, Ikeduru, Isiala Mbano, Isu, Mbaitoli, Ngor-Okpala, Njaba, Nwangele, Nkwerre, Obowo, Oguta, Ohaji/Egbema, Okigwe, Orlu, Orsu, Oru East, Oru West, Owerri- Municipal, Owerri North, Owerri West, OnuimoOwerri Jigawa Auyo, Babura, Birnin Kudu, Biriniwa, Buji, Dutse, Gagarawa, Garki, Gumel, Guri, Gwaram, Gwiwa, Hadejia, Jahun, Kafin Hausa, Kaugama, Kazaure, Kiri Kasamma, Kiyawa, Maigatari, Malam Madori, Miga, Ringim, Roni, Sule- Tankarkar, Taura, YankwashiDutse Kaduna Birnin-Gwari, Chikun, Giwa, Igabi, Ikara, Jaba, Jema’a, Kachia, Kaduna North, Kaduna South, Kagarko, Kajuru, Kaura, Kauru, Kubau, Kudan, Lere, Markafi, Sabon-Gari, Sanga, Soba, Zango-Kataf, ZariaKaduna Kano Ajingi, Albasu, Bagwai, Bebeji, Bichi, Bunkure, Dala, Dambatta, Dawakin Kudu, Dawakin Tofa, Doguwa, Fagge, Gabasawa, Garko, Garum Mallam, Gaya, Gezawa, Gwale, Gwarzo, Kabo, Kano Municipal, Karaye, Kibiya, Kiru, Kumbotso, Ghari , Kura, Madobi, Makoda, Minjibir, Nasarawa, Rano, Rimin Gado, Rogo, Shanono, Sumaila, Takai, Tarauni, Tofa, Tsanyawa, Tudun Wada, Ungogo, Warawa, WudilKano [First Schedule, Part I is altered by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No.2) Act), 2023] 219 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsKatsina Bakori, Batagarawa, Batsari, Baure, Bindawa, Charanchi, Dandume, Danja, Dan Musa, Daura, Dutsi, Dutsin-Ma, Faskari, Funtua, Ingawa, Jibia, Kafur, Kaita, Kankara, Kankia, Katsina, Kurfi, Kusada, Mai’Adua, Malumfashi, Mani, Mashi, Matazu, Musawa, Rimi, Sabuwa, Safana, Sandamu, ZangoKatsina Kebbi Aleiro, Arewa-Dandi, Argungu, Augie, Bagudo, Birnin Kebbi, Bunza, Dandi, Fakai, Gwandu, Jega, Kalgo, Koko/ Besse, Maiyama, Ngaski, Sakaba, Shanga, Suru, Wasagu/Danko, Yauri, ZuruBirnin Kebbi Kogi Adavi, Ajaokuta, Ankpa, Bassa, Dekina, Ibaji, Idah, Igalamela-Odolu, Ijumu, Kabba/Bunu, Kogi, Lokoja, Mopa- Muro, Ofu, Ogori/Magongo, Okehi, Okene, Olamabolo, Omala, Yagba East, Yagba WestLokoja Kwara Asa, Baruten, Edu, Ekiti, Ifelodun, Ilorin East, Ilorin South, Ilorin West, Irepodun, Isin, Kaiama, Moro, Offa, Oke-Ero, Oyun, PategiIlorin Lagos Agege, Ajeromi-Ifelodun, Alimosho, Amuwo-Odofin, Apapa, Badagry, Epe, Eti-osa, Ibeju/Lekki, Ifako-Ijaye, Ikeja, Ikorodu, Kosofe, Lagos Island, Lagos Mainland, Mushin, Ojo, Oshodi-Isolo, Shomolu, SurulereIkeja Nasarawa Akwanga, Awe, Doma, Karu, Keana, Keffi, Kokona, Lafia, Nasarawa, Nasarawa- Eggon, Obi, Toto, WambaLafia 220 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsNiger Agaie, Agwara, Bida, Borgu, Bosso, Chanchaga, Edati, Gbako, Gurara, Katcha, Kontagora, Lapai, Lavun, Magama, Mariga, Mashegu, Mokwa, Muya, Paikoro, Rafi, Rijau, Shiroro, Suleja, Tafa, WushishiMinna Ogun Abeokuta North, Abeokuta South, Ado-Odo/Ota, Yewa North , Yewa South , Ewekoro, Ifo, Ijebu East, Ijebu North, Ijebu North East, Ijebu Ode, Ikenne, Imeko- Afon, Ipokia, Obafemi- Owode, Ogun Waterside, Odeda, Odogbolu, Remo North, ShagamuAbeokuta Ondo Akoko North East, Akoko North West, Akoko South East, Akoko South West, Akure North, Akure South, Ese- Odo, Idanre, Ifedore, Ilaje, Ile-Oluji- Okeigbo, Irele, Odigbo, Okitipupa, Ondo East, Ondo West, Ose, OwoAkure Osun Aiyedade, Aiyedire, Atakumosa East, Atakumosa West, Boluwaduro, Boripe, Ede North, Ede South, Egbedore, Ejigbo, Ife Central, Ife East, Ife North, Ife South, Ifedayo, Ifelodun, Ila, Ilesha East, Ilesha West, Irepodun, Irewole, Isokan, Iwo, Obokun, Odo-Otin, Ola-Oluwa, Olorunda, Oriade, Orolu, OsogboOsogbo[First Schedule, Part I is altered by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No.3) Act), 2023] 221 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsOyo Afijio, Akinyele, Atiba, Atisbo , Egbeda, Ibadan Central, Ibadan North, Ibadan North West, Ibadan South East, Ibadan South West, Ibarapa Central, Ibarapa East, Ibarapa North, Ido, Irepo, Iseyin, Itesiwaju, Iwajowa, Kajola, Lagelu, Ogbomosho North, Ogbmosho South, Ogo Oluwa, Olorunsogo, Oluyole, Ona-Ara, Orelope, Ori Ire, Oyo East, Oyo West, Saki East, Saki West, SurulereIbadan Plateau Barikin Ladi, Bassa, Bokkos, Jos East, Jos North, Jos South, Kanam, Kanke, Langtang North, Langtang South, Mangu, Mikang, Pankshin, Qua’an Pan, Riyom, Shendam, WaseJos Rivers Abua/Odual, Ahoada East, Ahoada West, Akuku Toru, Andoni, Asari-Toru, Bonny, Degema, Emohua, Eleme, Etche, Gokana, Ikwerre, Khana, Obio/ Akpor , Ogba/Egbema/Ndoni, Ogu/ Bolo, Okrika, Omumma, Opobo/ Nkoro, Oyigbo, Port- Harcourt, TaiPort- Harcourt Sokoto Binji, Bodinga, Dange-shuni, Gada, Goronyo, Gudu, Gwadabawa, Illela, Isa, Kware, Kebbe, Rabah, Sabon Birni, Shagari, Silame, Sokoto North, Sokoto South, Tambuwal, Tangaza, Tureta, Wamakko, Wurno, YaboSokoto Taraba Ardo-Kola, Bali, Donga, Gashaka, Gassol, Ibi, Jalingo, Karim-Lamido, Kurmi, Lau, Sardauna, Takum, Ussa, Wukari, Yorro, ZingJalingo[First Schedule, Part I is altered by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No.4) Act), 2023] [First Schedule, Part I is altered by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No.5) Act), 2023] 222 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsYobe Bade, Bursari, Damaturu, Fika, Fune, Geidam, Gujba, Gulani, Jakusko, Karasuwa, Karawa, Machina, Nangere, Nguru, Potiskum, Tarmua, Yunusari, YusufariDamaturu Zamfara Anka, Bakura, Birnin Magaji, Bukkuyum, Bungudu, Gummi, Gusau, Kaura Namoda, Maradun, Maru, Shinkafi, Talata Mafara, Tsafe, ZurmiGusau PART II 1. Definition of Area Councils of Federal Capital Territory, Abuja [Sections 3 and 297] The definition of the boundaries of the Federal Capital Territory, Abuja referred to under Chapters I and VIII of this Constitution is as follows - Starting from the village called Izom on 7° E Longitude and 9° 15’ Latitude, project a straight line westward to a point just north of Lehu on the Kemi River; then project a line along 6° 47½’ E southward passing close to the villages called Semasu, Zui and Bassa down to a place a little west of Abaji town; thence project a line along parallel 8° 27½’ N Latitude to Ahinza village 7° 6’E (on Kanama River); thence a straight line to Buga Village on 8 ° 30 ‘N Latitude and 7 ° 20’E Longitude; thence draw a line northwards joining the villages of Odu, Karshi and Karu. From Karu the line shall proceed along the boundary between the Niger and Nasarawa States as far as Kawu; thence the line shall proceed along the boundary between Kaduna and Niger States up to a point just north of Bwari village; thence the line goes straight to Zuba village and thence straight to Izom. [First Schedule, Part II is altered by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 32) Act, 2023] 223 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations2. Federal Capital Territory, Abuja Area Councils Area Council Headquarters Abaji Abaji Abuja Municipal Garki Bwari Bwari Gwagwalada Gwagwalada Kuje Kuje Kwali Kwali 224 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsSECOND SCHEDULE [Section 4] Legislative Powers PART I Exclusive Legislative List Item 1. Accounts of the Government of the Federation, and of offices, courts, and authorities thereof, including audit of those accounts. 2. Arms, ammunition and explosives. 3. Aviation, including airports, safety of aircraft and carriage of passengers and goods by air. 4. Awards of national titles of honour, decorations and other dignities. 5. Bankruptcy and insolvency. 6. Banks, banking, bills of exchange and promissory notes. 7. Borrowing of moneys within or outside Nigeria for the purposes of the Federation or of any State. 8. Census, including the establishment and maintenance of machinery for continuous and universal registration of births and deaths throughout Nigeria. 9. Citizenship, naturalisation and aliens. 10. Commercial and industrial monopolies, combines and trusts. 11. Construction, alteration and maintenance of such roads as may be declared by the National Assembly to be Federal trunk roads. 12. Control of capital issues. 13. Copyright. 14. Creation of States. 15. Currency, coinage and legal tender. 16. Customs and excise duties . 17. Defence. 18. Deportation of persons who are not citizens of Nigeria. 19. Designation of securities in which trust funds may be invested. 225 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations20. Diplomatic, consular and trade representation. 21. Drugs and poisons. 22. Election to the offices of President and Vice-President or Governor and Deputy Governor and any other office to which a person may be elected under this Constitution, excluding election to a local government council or any office in such council. 23. Evidence. 24. Exchange control. 25. Export duties. 26. External affairs. 27. Extradition 28. Fingerprints, identification and criminal records. 29. Fishing and fisheries other than fishing and fisheries in rivers, lakes, waterways, ponds and other inland waters within Nigeria. 30. Immigration into and emigration from Nigeria. 31. Implementation of treaties relating to matters on this list. 32. Incorporation, regulation and winding up of bodies corporate, other than co-operative societies, local government councils and bodies corporate established directly by any law enacted by a House of Assembly of a State. 33. Insurance. 34. Labour, including trade unions, industrial relations; conditions, safety and welfare of labour; industrial disputes; prescribing a national minimum wage for the Federation or any part thereof; and industrial arbitrations. 35. Legal proceedings between Governments of States or between the Government of the Federation and Government of any State or any other authority or person. 36. Maritime shipping and navigation, including – (a) shipping and navigation on tidal waters; (b) shipping and navigation on the River Niger and its affluents and on any such other inland waterway as may be designated by the National Assembly to be an international waterway or to be an inter-State waterway; (c) lighthouses, lightships, beacons and other provisions for the safety of shipping and navigation; 226 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(d) such ports as may be declared by the National Assembly to be Federal ports (including the constitution and powers of port authorities for Federal ports). 37. Meteorology 38. Military (Army, Navy and Air Force) including any other branch of the armed forces of the Federation. 39. Mines and minerals, including oilfields, oil mining, geological surveys and natural gas. 40. National parks being such areas in a State as may, with the consent of the Government of that State, be designated by the National Assembly as national parks. 41. Nuclear energy. 42. Passports and visas. 43. Patents, trade marks, trade or business names, industrial designs and merchandise marks. 44. Pensions, gratuities and other like benefits payable out of the Consolidated Revenue Fund or any other public funds of the Federation. 45. Police and other government security services established by law. 46. Posts, telegraphs and telephones. 47. Powers of the National Assembly, and the privileges and immunities of its members. 48. Prisons. 49. Professional occupations as may be designated by the National Assembly. 50. Public debt of the Federation. 51. Public holidays. 52. Public relations of the Federation. 53. Public service of the Federation including the settlement of disputes between the Federation and officers of such service. 54. Quarantine. 55. Railways. 56. Formation and Regulation of political parties. 57. Service and execution in a State of the civil and criminal processes, judgments, acts, orders and other decisions of any court of law outside Nigeria or any court of law in Nigeria other than a court of law established by the House of Assembly of that State. Item 56 is altered by the Constitu - tion of the Federal Republic of Nigeria (First Alteration Act) 2010][Items 48 and 55 are deleted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 15 & 16) Acts, 2023] 227 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations58. Stamp duties. 59. Taxation of incomes, profits and capital gains, except as otherwise prescribed by this Constitution. 60. The establishment and regulation of authorities for the Federation or any part thereof - (a) to promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in this Constitution; (b) to identify, collect, preserve or generally look after ancient and historical monuments and records and archaeological sites and remains declared by the National Assembly to be of national significance or national importance; (c) to administer museums and libraries other than museums and libraries established by the Government of a State; (d) to regulate tourist traffic; and (e) to prescribe minimum standards of education at all levels. 61.The formation, annulment and dissolution of marriages other than marriages under Islamic law and customary law including matrimonial causes relating thereto. 62.Trade and commerce, and in particular – (a) trade and commerce between Nigeria and other countries including import of commodities into and export of commodities from Nigeria, and trade and commerce between the States; (b) establishment of a purchasing authority with power to acquire for export or sale in world markets such agricultural produce as may be designated by the National Assembly; (c) inspection of produce to be exported from Nigeria and the enforcement of grades and standards of quality in respect of produce so inspected; (d) establishment of a body to prescribe and enforce standards of goods and commodities offered for sale; 228 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(e) control of the prices of goods and commodities designated by the National Assembly as essential goods or commodities; and (f) registration of business names. 63. Traffic on Federal trunk roads. 64. Water from such sources as may be declared by the National Assembly to be sources affecting more than one State. 65. Weights and measures. 66. Wireless, broadcasting and television other than broadcasting and television provided by the Government of a State; allocation of wave-lengths for wireless, broadcasting and television transmission. 67. Any other matter with respect to which the National Assembly has power to make laws in accordance with the provisions of this Constitution. 68. Any matter incidental or supplementary to any matter mentioned elsewhere in this list. PART II [Section 4] Concurrent Legislative List Item Extent of Federal and State Legislative powers A- Allocation of revenue, etc. 1. Subject to the provisions of this Constitution, the National Assembly may by an Act make provisions for – (a) the division of public revenue – (i) between the Federation and the States, (ii) among the States of the Federation, (iii) between the States and local government councils, (iv) among the local government councils in the States; and (b) grants or loans from and the imposition of charges upon the Consolidated Revenue Fund or any other public funds of the 229 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsFederation or for the imposition of charges upon the revenue and assets of the Federation for any purpose notwithstanding that it relates to a matter with respect to which the National Assembly is not empowered to make laws. 2. Subject to the provisions of this Constitution, any House of Assembly may make provisions for grants or loans from and the imposition of charges upon any of the public funds of that State or the imposition of charges upon the revenue and assets of that State for any purpose notwithstanding that it relates to a matter with respect to which the National Assembly is empowered to make laws. B- Antiquities and monuments 3. The National Assembly may make laws for the Federation or any part thereof with respect to such antiquities and monuments as may, with the consent of the State in which such antiquities and monuments are located, be designated by the National Assembly as National Antiquities or National Monuments but nothing in this paragraph shall preclude a House of Assembly from making laws for the State or any part thereof with respect to antiquities and monuments not so designated in accordance with the foregoing provisions. C- Archives 4. The National Assembly may make laws for the Federation or any part thereof with respect to the archives and public records of the Federation. 5. A House of Assembly may, subject to paragraph 4 hereof, make laws for that State or any part thereof with respect to archives and public records of the Government of the State. 6. Nothing in paragraphs 4 and 5 hereof shall be construed as enabling any laws to be made which do not preserve the archives and records which are in existence at the date of commencement of this Constitution, and which are kept by authorities empowered to do so in any part of the Federation. 230 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsD. Collection of taxes 7. In the exercise of its powers to impose any tax or duty on – (a) capital gains, incomes or profits or persons other than companies; and (b) documents or transactions by way of stamp duties, the National Assembly may, subject to such conditions as it may prescribe, provide that the collection of any such tax or duty or the administration of the law imposing it shall be carried out by the Government of a State or other authority of a State. 8. Where an Act of the National Assembly provides for the collection of tax or duty on capital gains, incomes or profit or the administration of any law by an authority of a State in accordance with paragraph 7 hereof, it shall regulate the liability of persons to such tax or duty in such manner as to ensure that such tax or duty is not levied on the same person by more than one State. 9. A House of Assembly may, subject to such conditions as it may prescribe, make provisions for the collection of any tax, fee or rate or for the administration of the Law providing for such collection by a local government council. 10. Where a law of a House of Assembly provides for the collection of tax, fee or rate or for the administration of such law by a local government council in accordance with the provisions hereof, it shall regulate the liability of persons to the tax, fee or rate in such manner as to ensure that such tax, fee or rate is not levied on the same person in respect of the same liability by more than one local government council. 10A Correctional Services (1) The National Assembly may make laws for the Federation or any part thereof with respect to - (a) correctional service and the establishment in any part of the Federation of correctional centres and custodial facilities; and [Paragraph 10A is inserted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 15) Act, 2023] 231 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations (b) the establishment of any authority for the management of federal correctional centres and custodial facilities in any part of the Federation. (2) A House of Assembly may make laws for the State with respect to - (a) correctional service and the establishment in that State of correctional centres and custodial facilities; and (b) the establishment in that State of any authority for the management of State correctional centres and custodial facilities in any part of that State. E- Electoral law 11. The National Assembly may make laws for the Federation with respect to the registration of voters and the procedure regulating elections to a local government council. 12. Nothing in paragraph 11 hereof shall preclude a House of Assembly from making laws with respect to election to a local government council in addition to but not inconsistent with any law made by the National Assembly. F- Electric power 13. The National Assembly may make laws for the Federation or any part thereof with respect to- (a) electricity and the establishment of electric power stations; (b) the generation and transmission of electricity in or to any part of the Federation and from one State to another State; (c) the regulation of the right of any person or authority to dam up or otherwise interfere with the flow of water from sources in any part of the Federation; (d) the participation of the Federation in any arrangement with another country for the generation, transmission and distribution of electricity for any area partly within and partly outside the Federation; 232 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(e) the promotion and establishment of a national grid system; and (f) the regulation of the right of any person or authority to use, work or operate any plant, apparatus, equipment or work designed for the supply or use of electrical energy. 14. A House of Assembly may make laws for the State with respect to – (a) electricity and the establishment in that State of electric power stations; (b) the generation, transmission and distribution of electricity to areas not covered by a national grid system within that State; and (c) the establishment within that State of any authority for the promotion and management of electric power stations established by the State. 15. In the foregoing provisions of this item, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them - “distribution ” means the supply of electricity from a sub-station to the ultimate consumer; “management ” includes maintenance, repairs or replacement; “power station ” means an assembly of plant or equipment for the creation or generation of electrical energy; and “transmission ” means the supply of electricity from a power station to a sub-station or from one sub-station to another sub- station, and the reference to a “ sub-station ” herein is a reference to an assembly of plant, machinery or equipment for distribution of electricity. G- Exhibition of cinematograph films 16. The National Assembly may make laws for the establishment of an authority with power to carry out censorship of cinematograph films and to prohibit or restrict the exhibition of such films; and nothing herein shall - [Second Schedule, Part II, Item 14(b) is altered by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 17) Act, 2023] 233 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) preclude a House of Assembly from making provision for a similar authority for that State; or (b) authorise the exhibition of a cinematograph film in a State without the sanction of the authority established by the Law of that State for the censorship of such films. H. Industrial, commercial and agricultural development 17. The National Assembly may make laws for the Federation or any part thereof with respect to - (a) the health, safety and welfare of persons employed to work in factories, offices or other premises or in inter-State transportation and commerce including the training, supervision and qualification of such persons; (b) the regulation of ownership and control of business enterprises throughout the Federation for the purpose of promoting, encouraging or facilitating such ownership and control by citizens of Nigeria; (c) the establishment of research centres for agricultural studies; and (d) the establishment of institutions and bodies for the promotion or financing of industrial, commercial or agricultural projects. 18. Subject to the provisions of this Constitution, a House of Assembly may make laws for that State with respect to industrial, commercial or agricultural development of the State. 19. Nothing in the foregoing paragraphs of this item shall be construed as precluding a House of Assembly from making laws with respect to any of the matters referred to in the foregoing paragraphs. 20. For the purposes of the foregoing paragraphs of this item, the word “ agricultural ” includes fishery. 234 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations20A. Railways (1) The National Assembly may make laws for the Federation or any part thereof with respect to - (a) construction and maintenance of inter-state railway tracks and infrastructures; (b) establishment of a national railway agency for the regulation of railway operations throughout the Federation; and (c) establishment and maintenance of a national railway carrier for inter-state transportation throughout the Federation. (2) A House of Assembly of a State may make laws for the State with respect to the establishment, operation and maintenance of a State railway carrier within the State including the construction and maintenance of railway tracks and infrastructures within the State. I- Scientific and technological research 21. The National Assembly may make laws to regulate or co-ordinate scientific and technological research throughout the Federation. 22. Nothing herein shall prelude a House of Assembly from establishing or making provisions for an institution or other arrangement for the purpose of scientific and technological research. J- Statistics 23. The National Assembly may make laws for the Federation or any part thereof with respect to statistics so far as the subject matter relates to - (a) any matter upon which the National Assembly has power to make laws; and (b) the organisation of co-ordinated scheme of statistics for the Federation or any part thereof on any matter whether or not it has power to make laws with respect thereto.[Paragraph 20A is inserted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 16) Act, 2023] 235 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations24. A House of Assembly may make Laws for the State with respect to statistics and on any matter other than that referred to in paragraph 23 (a) of this item. K- Trigonometrical, cadastral and topographical surveys 25. The National Assembly may make laws for the Federation or any part thereof with respect to trigonometrical, cadastral and topographical surveys. 26. A House of Assembly may, subject to paragraph 25 hereof, make laws for that State or any part thereof with respect to trigonometrical, cadastral and topographical surveys. L- University, technological and post-primary education 27. The National Assembly shall have power to make laws for the Federation or any part thereof with respect to university education, technological education or such professional education as may from time to time be designated by the National Assembly. 28. The power conferred on the National Assembly under paragraph 27 of this item shall include power to establish an institution for the purposes of university, post-primary, technological or professional education. 29. Subject as herein provided, a House of Assembly shall have power to make laws for the State with respect to the establishment of an institution for purposes of university, technological or professional education. 30. Nothing in the foregoing paragraphs of this item shall be construed so as to limit the powers of a House of Assembly to make laws for the State with respect to technical, vocational, post-primary, primary or other forms of education, including the establishment of institutions for the pursuit of such education. 236 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART III Supplemental and Interpretation 1. Where by this Schedule the National Assembly is required to designate any matter or thing or to make any declaration, it may do so either by an Act of the National Assembly or by a resolution passed by both Houses of the National Assembly. 2. In this Schedule, references to incidental and supplementary matters include, without prejudice to their generality, references to - (a) offences; (b) the jurisdiction, powers, practice and procedure of courts of law; and (c) the acquisition and tenure of land. 237 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsTHIRD SCHEDULE PART I Federal Executive Bodies (established by section 153) A - Code of Conduct Bureau 1. The Code of Conduct Bureau shall comprise the following members- (a) a Chairman; and (b) nine other members, each of whom at the time of appointment, shall not be less than fifty years of age and subject to the provisions of section 157 of this Constitution shall vacate his office on attaining the age of seventy years. 2. The Bureau shall establish such offices in each State of the Federation as it may require for the discharge of its functions under this Constitution. 3. The Bureau shall have power to – (a) receive declarations by public officers made under paragraph 12 of Part I of the Fifth Schedule to this Constitution; (b) examine the declarations in accordance with the requirements of the Code of Conduct or any law; (c) retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe; (d) ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct of any law relating thereto; (e) receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal; 238 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(f) appoint, promote, dismiss and exercise disciplinary control over the staff of the Code of Conduct Bureau in accordance with the provisions of an Act of the National Assembly enacted in that behalf; and (g) carry out such other functions as may be conferred upon it by the National Assembly. 4. The terms and conditions of service of the staff of the Code of Conduct Bureau shall be the same as those provided for public officers in the civil service of the Federation. B - Council of State 5. The Council of State shall comprise the following persons – (a) the President, who shall be the Chairman; (b) the Vice-President, who shall be the Deputy Chairman; (c) all former Presidents of the Federation and all former Heads of the Government of the Federation; (d) all former Chief Justices of Nigeria; (e) the President of the Senate; (f) the Speaker of the House of Representatives; (g) all the Governors of the States of the Federation; and (h) the Attorney-General of the Federation. 6. The Council shall have power to- (a) advise the President in the exercise of his powers with respect to the- (i) national population census and compilation, publication and keeping of records and other information concerning the same; (ii) prerogative of mercy; (iii) award of national honours; 239 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(iv) the Independent National Electoral Commission (including the appointment of members of that Commission); (v) the National Judicial Council (including the appointment of the members, other than ex-officio members of that Council); and (vi) the National Population Commission (including the appointment of members of that Commission); and (b) advise the President whenever requested to do so on the maintenance of public order within the Federation or any part thereof and on such other matters as the President may direct. C - Federal Character Commission 7. Federal Character Commission (1) The Federal Character Commission shall comprise the following members- (a) a Chairman; and (b) one person to represent each of the states of the Federation and the Federal Capital Territory, Abuja. (2) The Chairman and members shall be appointed by the President, subject to confirmation by the Senate. 8. (1) In giving effect to the provisions of section 14(3) and (4) of this Constitution, the Commission shall have the power to- (a) work out an equitable formula subject to the approval of the National Assembly for the distribution of all cadres of posts in the public service of the Federation and of the States, the armed forces of the Federation, the Nigeria Police Force and other government security agencies, government owned companies and parastatals of the States; (b) promote, monitor and enforce compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government; (c) take such legal measures, including the prosecution of the head or staff of any Ministry or government body or agency 240 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationswhich fails to comply with any federal character principle or formula prescribed or adopted by the Commission; and (d) carry out such other functions as may be conferred upon it by an Act of the National Assembly. (2) The posts mentioned in sub-paragraph (1)(a) and (b) of this paragraph shall include those of the Permanent Secretaries, Directors-General in Extra-Ministerial Departments and parastatals, Directors in Ministries and Extra-Ministerial Departments, senior military officers, senior diplomatic posts and managerial cadres in the Federal and State parastatals, bodies, agencies and institutions. (3) Notwithstanding any provision in any other law or enactment, the Commission shall ensure that every public company or corporation reflects the federal character in the appointments of its directors and senior management staff. 9. Duty of Board of Directors It shall be the duty of the Board of Directors of every State-owned enterprise to recognise and promote the principle of federal character in the ownership and management structure of the company. D - Federal Civil Service Commission 10. Federal Civil Service Commission The Federal Civil Service Commission shall comprise the following members – (a) a Chairman; and (b) not more than fifteen other members, who shall, in the opinion of the President, be persons of unquestionable integrity and sound political judgment. 11. (1) The Commission shall without prejudice to the powers vested in the President, the National Judicial Council, the Federal Judicial Service Commission, the National Population Commission and the Police Service Commission, have power - 241 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) to appoint persons to offices in the Federal civil service; and (b) to dismiss and exercise disciplinary control over persons holding such offices. (2) The Commission shall not exercise any of its powers under sub- paragraph (1) of this paragraph in respect of such offices of heads of divisions of Ministries or of departments of the government of the Federation as may, from time to time, be designated by an order made by the President except after consultation with the Head of the Civil Service of the Federation. E - Federal Judicial Service Commission 12. Federal Judicial Service Commission The Federal Judicial Service Commission shall comprise the following members – (a) the Chief Justice of Nigeria, who shall be the Chairman; (b) the President of the Court of Appeal; (c) the Attorney-General of the Federation; (d) the Chief Judge of the Federal High Court; (dd) the President of the National Industrial Court; (e) two persons, each of whom has been qualified to practice as a legal practitioner in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified, recommended by the Nigerian Bar Association; and (f) two other persons, not being legal practitioners, who in the opinion of the President are of unquestionable integrity. 13. The Commission shall have power to – (a) advise the National Judicial Council in nominating persons for appointment, as respects appointments to the office of – (i) the Chief Justice of Nigeria, (ii) a Justice of the Supreme Court, [Third Schedule, Item E, paragraph 12(dd) is inserted by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] 242 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(iii) the President of the Court of Appeal, (iv) a Justice of the Court of Appeal, (v) the Chief Judge of the Federal High Court, (vi) a Judge of the Federal High Court, (via) the President of the National Industrial Court, (vib) a Judge of the National Industrial Court, and (vii) the Chairman and members of the Code of Conduct Tribunal; (b) recommend to the National Judicial Council, the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph; and (c) appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court and all other members of the staff of the judicial service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service Commission. F - Independent National Electoral Commission 14. (1) The Independent National Electoral Commission shall comprise the following members – (a) a Chairman, who shall be the Chief Electoral Commissioner; and (b) twelve other members to be known as National Electoral Commissioners. (2) A member of the Commission shall- (a) be non-partisan and a person of unquestionable integrity; and (b) be not less than 40 years of age in the case of the Chairman and not less than 35 years of age in the case of the National Commissioners. (3) There shall be for each State of the Federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissioner who shall – [Third Schedule, Item E, paragraph 13(via) and (vib) are inserted by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] [Third Schedule, Item E, paragraph 13(c) is altered by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] [Third Schedule, Item F, paragraph 14 is substituted by the Constitution of Federal Republic of Nigeria (First Alteration Act) 2010] 243 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(a) be appointed by the President subject to the confirmation by the Senate; (b) be a person of unquestionable integrity and shall not be a member of any political party; and (c) not be less than 35 years of age. 15. The Commission shall have power to – (a) organise, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation; (b) register political parties in accordance with the provisions of this Constitution and an Act of the National Assembly; (c) monitor the organisation and operation of the political parties, including their finances, conventions, congresses and party primaries; (d) arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a report on such examination and audit for public information; (e) arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this Constitution; (f) monitor political campaigns and provide rules and regulations which shall govern the political parties; (g) ensure that all Electoral Commissioners, Electoral and Returning Officers take and subscribe the oath of office prescribed by law; (h) delegate any of its powers to any Resident Electoral Commissioner; and [Third Schedule, Item F, paragraph 15(c) is altered by the Constitution of Federal Republic of Nigeria (First Alteration Act) 2010] 244 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(i) carry out such other functions as may be conferred upon it by an Act of the National Assembly. G - National Defence Council 16. National Defence Council The National Defence Council shall comprise the following members – (a) the President who shall be the Chairman; (b) the Vice-President who shall be the Deputy Chairman; (c) the Minister of the Government of the Federation responsible for defence; (d) the Chief of Defence Staff; (e) the Chief of Army Staff; (f) the Chief of Naval Staff; (g) the Chief of Air Staff; and (h) such other members as the President may appoint. 17. The Council shall have power to advise the President on matters relating to the defence of the sovereignty and territorial integrity of Nigeria. H - National Economic Council 18. National Economic Council The National Economic Council shall comprise the following members – (a) the Vice-President who shall be the Chairman; (b) the Governor of each State of the Federation; and (c) the Governor of the Central Bank of Nigeria established under the Central Bank of Nigeria Act 1991 or any enactment replacing that Act. [1991 No. 24] 19. The National Economic Council shall have power to advise the President concerning the economic affairs of the Federation, and in particular on measures necessary for the co-ordination of the economic planning efforts or economic programmes of the various Governments of the Federation. 245 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsI - National Judicial Council 20. National Judicial Council The National Judicial Council shall comprise the following members – (a) the Chief Justice of Nigeria who shall be the Chairman; (b) the next most senior Justice of the Supreme Court who shall be the Deputy Chairman; (c) the President of the Court of Appeal; (d) five retired Justices selected by the Chief Justice of Nigeria from the Supreme Court or Court of Appeal; (e) the Chief Judge of the Federal High Court; (ee) the President of the National Industrial Court; (f) five Chief Judges of States to be appointed by the Chief Justice of Nigeria from among the Chief Judges of the States and of the High Court of the Federal Capital Territory, Abuja in rotation to serve for two years; (g) one Grand Kadi to be appointed by the Chief Justice of Nigeria from among Grand Kadis of the Sharia Courts of Appeal to serve in rotation for two years; (h) one President of the Customary Court of Appeal to be appointed by the Chief Justice of Nigeria from among the Presidents of the Customary Courts of Appeal to serve in rotation for two years; (i) five members of the Nigerian Bar Association who have been qualified to practise for a period of not less than fifteen years, at least one of whom shall be a Senior Advocate of Nigeria, appointed by the Chief Justice of Nigeria on the recommendation of the National Executive Committee of the [Third Schedule, Item E, paragraph 20(ee) is inserted by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] 246 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsNigerian Bar Association to serve for two years and subject to re-appointment: Provided that the five members shall sit in the Council only for the purposes of considering the names of persons for appointment to the superior courts of record; and (j) two persons not being legal practitioners, who in the opinion of the Chief Justice of Nigeria, are of unquestionable integrity. 21. The National Judicial Council shall have power to – (a) recommend to the President from among the list of persons submitted to it by – (i) the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, the President and Judges of the National Industrial Court, and (ii) the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja; (b) recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph and to exercise disciplinary control over such officers; (c) recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commissions persons for appointments to the offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States and the Presidents and Judges of the Customary Courts of Appeal of the States; [Third Schedule, Item E, paragraph 21(a)(i) is altered by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] 247 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(d) recommend to the Governors the removal from the office of the judicial officers in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers. (e) collect, control and disburse all moneys, capital and recurrent, for the judiciary; (f) advise the President and Governors or any matter pertaining to the judiciary as may be referred to the Council by the President or the Governors; (g) appoint, dismiss and exercise disciplinary control over members and staff of the Council; (h) control and disburse all monies, capital and recurrent, for the services of the Council; and (i) deal with all other matters relating to broad issues of policy and administration. 22. The Secretary of the Council shall be appointed by the National Judicial Council on the recommendation of the Federal Judicial Service Commission and shall be a legal practitioner of at least fifteen years post call experience J - National Population Commission 23. National Population Commission The National Population Commission shall comprise the following members – (a) a Chairman; and (b) one person from each State of the Federation and the Federal Capital Territory, Abuja. 24. The Commission shall have power to – (a) undertake periodical enumeration of population through sample surveys, censuses or otherwise; (b) establish and maintain a machinery for continuous and [Third Schedule, Paragraph 22 is substituted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 12) Act, 2023] 248 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsuniversal registration of births and deaths throughout the Federation; (c) advise the President on population matters; (d) publish and provide information and data on population for the purpose of facilitating economic and development planning; and (e) appoint and train or arrange for the appointment and training of enumerators or the staff of the Commission. K - National Security Council 25. National Security Council The National Security Council shall comprise the following members – (a) the President who shall be the Chairman; (b) the Vice-President who shall be the Deputy Chairman; (c) the Chief of Defence Staff; (d) the Minister of the Government of the Federation charged with the responsibility for internal affairs; (e) the Minister of the Government of the Federation charged with the responsibility for defence; (f) the Minister of the Government of the Federation charged with the responsibility for foreign affairs; (g) the National Security Adviser; (h) the Inspector-General of Police; and (i) such other persons as the President may in his discretion appoint. 249 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations26. The Council shall have power to advise the President on matters relating to public security including matters relating to any organisation or agency established by law for ensuring the security of the Federation. L - Nigeria Police Council 27. Nigeria Police Council The Nigeria Police Council shall comprise the following members – (a) the President who shall be the Chairman; (b) the Governor of each State of the Federation; (c) the Chairman of the Police Service Commission; and (d) the Inspector-General of Police. 28. The functions of the Nigeria Police Council shall include - (a) the organisation and administration of the Nigeria Police Force and all other matters relating thereto (not being matters relating to the use and operational control of the Force or the appointment, disciplinary control and dismissal of members of the Force); (b) the general supervision of the Nigeria Police Force; and (c) advising the President on the appointment of the Inspector- General of Police. M - Police Service Commission 29. Police Service Commission The Police Service Commission shall comprise the following members – (a) a Chairman; and (b) such number of other persons, not less than seven but not more than nine, as may be prescribed by an Act of the National Assembly. 30. The Commission shall have power to – (a) appoint persons to offices (other than office of the Inspector- General of Police) in the Nigeria Police Force; and 250 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) dismiss and exercise disciplinary control over persons holding any office referred to in sub-paragraph (a) of this paragraph. N - Revenue Mobilisation Allocation and Fiscal Commission 31. Revenue Mobilisation Allocation and Fiscal Commission The Revenue Mobilisation Allocation and Fiscal Commission shall comprise the following members – (a) a Chairman; and (b) one member from each State of the Federation and the Federal Capital Territory, Abuja who in the opinion of the President are persons of unquestionable integrity with requisite qualifications and experience. 32. The Commission shall have power to – (a) monitor the accruals to and disbursement of revenue from the Federation Account; (b) review, from time to time, the revenue allocation formulae and principles in operation to ensure conformity with changing realities: Provided that any revenue formula which has been accepted by an Act of the National Assembly shall remain in force for a period of not less than five years from the date of commencement of the Act; (c) advise the Federal and State Governments on fiscal efficiency and methods by which their revenue can be increased; (d) determine the remuneration appropriate for political office holders, including the President, Vice-President, Governors, Deputy Governors, Ministers, Commissioners, Special Advisers, legislators and the holders of the offices mentioned in sections 84 and 124 of this Constitution; and (e) discharge such other functions as are conferred on the Commission by this Constitution or any Act of the National Assembly. 251 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsPART II State Bodies (established by section 197) A - State Civil Service Commission 1. Civil Service Commission of a State A State Civil Service Commission shall comprise the following members – (a) a Chairman; and (b) not less than two and not more than four other persons, who shall, in the opinion of the Governor, be persons of unquestionable integrity and sound political judgment. 2. (1) The Commission shall have power without prejudice to the powers vested in the Governor and the State Judicial Service Commission to - (a) appoint persons to offices in the State civil service; and (b) dismiss and exercise disciplinary control over persons holding such offices. (2) The Commission shall not exercise any of its powers under sub- paragraph (1) of this paragraph in respect of such offices of heads of divisions of Ministries or of departments of the Government of the State as may from time to time be designated by an order made by the Governor except after consultation with the head of the civil service of the State. AA – State House of Assembly Service Commission 1A. The composition, tenure, structure, finance, functions, powers, and other proceedings of the Commission shall be as prescribed by a Law of the House of Assembly of the State.[Third Schedule, Part II, Heading is substituted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 6) Act, 2023] [Subheading AA is inserted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 6) Act, 2023] [Paragraph 1A is inserted by the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No. 6) Act, 2023] 252 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsB - State Independent Electoral Commission 3. State Independent Electoral Commission A State Independent Electoral Commission shall comprise the following members – (a) a Chairman; and (b) not less than five but not more than seven other persons. 4. The Commission shall have power- (a) to organise, undertake and supervise all elections to local government councils within the State; (b) to render such advice as it may consider necessary to the Independent National Electoral Commission on the compilation of and the register of voters in so far as that register is applicable to local government elections in the State. C - State Judicial Service Commission 5. State Judicial Service Commission A State Judicial Service Commission shall comprise the following members – (a) the Chief Judge of the State, who shall be the Chairman; (b) the Attorney General of the State; (c) the Grand Kadi of the Sharia Court of Appeal of the State, if any; (d) the President of the Customary Court of Appeal of the State, if any; (e) two members, who are legal practitioners, and who have been qualified to practise as legal practitioners in Nigeria for not less than ten years; and (f) two other persons, not being legal practitioners, who in the opinion of the Governor are of unquestionable integrity. 253 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations6. The Commission shall have power to – (a) advise the National Judicial Council on suitable persons for nomination to the office of – (i) the Chief Judge of the State, (ii) the Grand Kadi of the Sharia Court of Appeal of the State, if any, (iii) the President of the Customary Court of Appeal of the State, if any, (iv) Judges of the High Court of the State, (v) Kadis of the Sharia Court of Appeal of the State, if any, and (vi) Judges of the Customary Court of Appeal of the State, if any; (b) subject to the provisions of this Constitution, to recommend to the National Judicial Council the removal from the office of the judicial officers specified in sub-paragraph (a) of this paragraph; and (c) to appoint, dismiss and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrar of the High Court, the Chief Registrars of the Sharia Court of Appeal and Customary Court of Appeal, magistrates, judges and members of Area Courts and Customary Courts and all other members of the staff of the judicial service of the State not otherwise specified in this Constitution. PART III Federal Capital Territory, Abuja executive body (established under section 304) Judicial Service Committee of the Federal Capital Territory, Abuja 1. Judicial Service Committee of the Federal Capital Territory, Abuja The Judicial Service Committee of the Federal Capital Territory, Abuja shall comprise the following members - (a) the Chief Judge of the Federal Capital Territory, Abuja who shall be the Chairman; 254 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(b) the Attorney-General of the Federation; (c) the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja; (d) the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja; (e) one person who is a legal practitioner and who has been qualified to practise as a legal practitioner in Nigeria for a period of not less than twelve years; and (f) one other person, not being a legal practitioner, who in the opinion of the President is of unquestionable integrity. 2. The Committee shall have power - (a) to recommend to the National Judicial Council suitable persons for nomination for appointment to the office of – (i) the Chief Judge of the Federal Capital Territory, Abuja, (ii) a Judge of the High Court of the Federal Capital Territory, Abuja, (iii) the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, (iv) the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja, (v) a Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, (vi) a Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja; (b) subject to the provisions of this Constitution, to recommend to the National Judicial Council the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph; (c) to appoint, promote and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrars of the High Court, the Sharia Court of Appeal and the Customary Court of Appeal of the Federal Capital Territory, Abuja, magistrates, the judges and members of the District and Area Courts of the Federal 255 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsCapital Territory, Abuja, if any, and all other members of the staff of the judicial service of the Federal Capital Territory, Abuja not otherwise specified in this Constitution and of the Judicial Service Committee of the Federal Capital Territory, Abuja. 256 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsFOURTH SCHEDULE [Section 7] Functions of a Local Government Council 1. The main functions of a local government council are as follows- (a) the consideration and the making of recommendations to State commission on economic planning or any similar body on – (i) the economic development of the State, particularly in so far as the areas of authority of the council and of the State are affected, and (ii) proposals made by the said commission or body; (b) collection of rates, radio and television licences; (c) establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm; (d) licensing of bicycles, trucks (other than mechanically propelled trucks), canoes, wheel barrows and carts; (e) establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor parks and public conveniences; (f) construction and maintenance of roads, streets, other public highways, street lightings, drains, parks, gardens, open spaces, or such public facilities as may be prescribed from time to time by the House of Assembly of a State; (g) naming of roads and streets and numbering of houses; (h) provision and maintenance of public conveniences, sewage and refuse disposal; (i) registration of all births, deaths and marriages; 257 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(j) assessment of privately owned houses or tenements for the purpose of levying such rates as may be prescribed by the House of Assembly of a State; and (k) control and regulation of - (i) out-door advertising and hoarding; (ii) movement and keeping of pets of all description; (iii) shops and kiosks; (iv) restaurants, bakeries and other places for sale of food to the public; (v) laundries; and (vi) licensing, regulation and control of the sale of liquor. 2. The functions of a local government council shall include participation of such council in the Government of a State as respects the following matters – (a) the provision and maintenance of primary, adult and vocational education; (b) the development of agriculture and natural resources, other than the exploitation of minerals; (c) the provision and maintenance of health services; and (d) such other functions as may be conferred on a local government council by the House of Assembly of the State. 258 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsFIFTH SCHEDULE [Sections 66, 107, 172,173, 209, 292 and 318] PART I Code of Conduct for Public Officers General 1. Conflict of interest with duty A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities. 2. Restrictions on specified officers Without prejudice to the generality of the foregoing paragraph, a public officer shall not- (a) receive or be paid the emoluments of any public office at the same time as he receives or is paid the emoluments of any other public office; or (b) except where he is not employed on full-time basis, engage or participate in the management or running of any private business, profession or trade but nothing in this sub-paragraph shall prevent a public officer from engaging in farming. 3. Prohibition of foreign accounts The President, Vice-President, Governor, Deputy Governor, Ministers of the Government of the Federation and Commissioners of the Governments of the States, members of the National Assembly and of the Houses of Assembly of the States, and such other public officers or persons as the National Assembly may by law prescribe shall not maintain or operate a bank account in any country outside Nigeria. 4. Retired public officers (1) A public officer shall not, after his retirement from public service and while receiving pension from public funds, accept more than one remuneration position as chairman, director or employee of - (a) a company owned or controlled by the government; or (b) any public authority. 259 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) A retired public servant shall not receive any other remuneration from public funds in addition to his pension and the emolument of such one remunerative position. 5. Certain retired public officers (1) Retired public officers who have held offices to which this paragraph applies are prohibited from service or employment in foreign companies or foreign enterprises. (2) This paragraph applies to the offices of President, Vice-President, Chief Justice of Nigeria, Governor and Deputy Governor of a State. 6. Gifts or benefits in kind (1) A public officer shall not ask for or accept property or benefits of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties. (2) For the purposes of sub-paragraph (1) of this paragraph, the receipt by a public officer of any gifts or benefits from commercial firms, business enterprises or persons who have contracts with the government shall be presumed to have been received in contravention of the said sub-paragraph unless the contrary is proved. (3) A public officer shall only accept personal gifts or benefits from relatives or personal friends to such extent and on such occasions as are recognised by custom: Provided that any gift or donation to a public officer on any public or ceremonial occasion shall be treated as a gift to the appropriate institution represented by the public officer, and accordingly, the mere acceptance or receipt of any such gift shall not be treated as a contravention of this provision. 7. Restriction on loans, gifts or benefits to certain public officers The President or Vice-President, Governor or Deputy Governor, Minister of the Government of the Federation or Commissioner of the Government of a State, or any other public officer who holds the office of a Permanent Secretary or head of any public corporation, 260 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsuniversity, or other parastatal organisation shall not accept – (a) a loan, except from government or its agencies, a bank, building society, mortgage institution or other financial institution recognised by law; and (b) any benefit of whatever nature from any company, contractor, or businessman, or the nominee or agent of such person: Provided that the head of a public corporation or of a university or other parastatal organisation may, subject to the rules and regulations of the body, accept a loan from such body. 8. Bribery of public officers No person shall offer a public officer any property, gift or benefit of any kind as an inducement or bribe for the granting of any favour or the discharge in his favour of the public officer’s duties. 9. Abuse of powers A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy. 10. Membership of societies A public officer shall not be a member of, belong to, or take part in any society the membership of which is incompatible with the functions or dignity of his office. 11. Declaration of assets (1) Subject to the provisions of this Constitution, every public officer shall within three months after the coming into force of this Code of Conduct or immediately after taking office and thereafter - (a) at the end of every four years; and (b) at the end of his term of office, submit to the Code of Conduct Bureau a written declaration of all his properties, assets, and liabilities and those of his unmarried children under the age of eighteen years. 261 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) Any statement in such declaration that is found to be false by any authority or person authorised in that behalf to verify it shall be deemed to be a breach of this Code. (3) Any property or assets acquired by a public officer after any declaration required under this Constitution and which is not fairly attributable to income, gift, or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved. 12. Allegation of breach of Code Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau. 13. Agents and nominees A public officer who does any act prohibited by this Code through a nominee, trustee, or other agent shall be deemed ipso facto to have committed a breach of this Code. 14. Exemptions In its application to public officers – (a) members of legislative houses shall be exempt from the provisions of paragraph 4 of this Code; and (b) the National Assembly may by law exempt any cadre of public officers from the provisions of paragraphs 4 and 11 of this Code if it appears to it that their position in the public service is below the rank which it considers appropriate for the application of those provisions. Code of Conduct Tribunal 15. Code of Conduct Tribunal (1) There shall be established a tribunal to be known as Code of Conduct Tribunal which shall consist of a Chairman and two other persons. 262 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(2) The Chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria and shall receive such remuneration as may be prescribed by law. (3) The Chairman and members of the Code of Conduct Tribunal shall be appointed by the President in accordance with the recommendation of the National Judicial Council. (4) The National Assembly may by law confer on the Code of Conduct Tribunal such additional powers as may appear to it to be necessary to enable it more effectively to discharge the functions conferred on it in this Schedule. 16. Staff (1) The tenure of office of the staff of the Code of Conduct Tribunal shall, subject to the provisions of this Code, be the same as that provided for in respect of officers in the civil service of the Federation. (2) The power to appoint the staff of the Code of Conduct Tribunal and to exercise disciplinary control over them shall vest in the members of the Code of Conduct Tribunal and shall be exercisable in accordance with the provisions of an Act of the National Assembly enacted in that behalf. 17. Tenure of office of Chairman and members (1) Subject to the provisions of this paragraph, a person holding the office of Chairman or member of the Code of Conduct Tribunal shall vacate his office when he attains the age of seventy years. (2) A person who has held office as Chairman or member of the Code of Conduct Tribunal for a period of not less than ten years shall, if he retires at the age of seventy years, be entitled to pension for life at a rate equivalent to his last annual salary in addition to other retirement benefits to which he may be entitled. (3) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by 263 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationstwo-thirds majority of each House of the National Assembly praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Code. (4) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from office before retiring age save in accordance with the provisions of this Code. 18. Powers (1) Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of this Code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this paragraph and such other punishment as may be prescribed by the National Assembly. (2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following – (a) vacation of office or seat in any legislative house, as the case may be; (b) disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and (c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office. (3) The sanctions mentioned in sub-paragraph (2) hereof shall be without prejudice to the penalties that may be imposed by any law where the conduct is also a criminal offence. (4) Where the Code of Conduct Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Code, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings. 264 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(5) Any right of appeal to the Court of Appeal from the decisions of the Code of Conduct Tribunal conferred by sub-paragraph (4) hereof shall be exercised in accordance with the provisions of an Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal. (6) Nothing in this paragraph shall prejudice the prosecution of a public officer punished under this paragraph or preclude such officer from being prosecuted or punished for an offence in a court of law. (7) The provisions of this Constitution relating to prerogative of mercy shall not apply to any punishment imposed in accordance with the provisions of this paragraph. Interpretation 19. Interpretation In this Code, unless the context otherwise requires – “assets ” includes any property, movable and immovable and incomes owned by a person; “business ” means any profession, vocation, trade, or any adventure or concern in the nature of trade and excludes farming; “child ” includes a step-child, a lawfully adopted child, a child born out of wedlock and any child to whom any individual stands in place of a parent; “emolument ” means any salary, wage, over-time or leave pay, commission, fee, bonus, gratuity, benefit, advantage (whether or not that advantage is capable of being turned into money or money’s worth), allowance, pension or annuity paid, given or granted in respect of any employment or office; “foreign companies ” or “ foreign enterprises ” means companies or enterprises in which the controlling shares are owned by persons other than the Government, its agencies or citizens of Nigeria or whose policies are determined by persons or organisations outside Nigeria; 265 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations“liabilities ” includes responsibilities according to law to satisfy a debt, duty or obligation quantifiable in monetary value, instant and contingent; “misconduct ” means breach of the Oath of Allegiance or oath of office of a member or breach of the provisions of this Constitution or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets and liabilities; “public officer ” means a person holding any of the offices specified in Part II of this Schedule; and “public office ” shall not include the chairmanship or membership of ad hoc tribunals, commissions or committees. PART II Public Officers for the purposes of the Code of conduct 1. The President of the Federation. 2. The Vice-President of the Federation. 3. The President and Deputy President of the Senate, Speaker and Deputy Speaker of the House of Representatives and Speakers and Deputy Speakers of Houses of Assembly of States, and all members and staff of legislative houses. 4. Governors and Deputy Governors of States. 5. Chief Justice of Nigeria, Justices of the Supreme Court, President and Justices of the Court of Appeal, all other judicial officers and all staff of courts of law. 6. Attorney-General of the Federation and Attorney-General of each State. 7. Ministers of the Government of the Federation and Commissioners of the Governments of the States. 8. Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff, Chief of Air Staff and all members of the armed forces of the Federation. 9. Inspector-General of Police, Deputy Inspector-General of Police and all members of the Nigeria Police Force and other government security agencies established by law. 266 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations10. Secretary to the Government of the Federation, Head of the Civil Service, Permanent Secretaries, Directors-General and all other persons in the civil service of the Federation or of the State. 11. Ambassadors, High Commissioners and other officers of Nigerian Missions abroad. 12. Chairman, members and staff of the Code of Conduct Bureau and Code of Conduct Tribunal. 13. Chairman, members and staff of local government councils. 14. Chairman and members of the Boards or other governing bodies and staff of statutory corporations and of companies in which the Federal or State Government has controlling interest. 15. All staff of universities, colleges and institutions owned and financed by the Federal or State Governments or local government councils. 16. Chairman, members and staff of permanent commissions or councils appointed on full time basis. 267 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsSIXTH SCHEDULE [Section 285] Election Tribunals A-National and State Houses of Assembly Election Tribunal 1. (1) A National and State Houses of Assembly Election Tribunal shall consist of a Chairman and two other members. (2) The Chairman shall be a Judge of a High Court and two other members shall be appointed from among Judges of a High Court, Kadis of a Sharia Court of Appeal, Judges of a Customary Court of Appeal or other members of the judiciary not below the rank of a Chief Magistrate. (3) The Chairman and other members shall be appointed by the President of the Court of Appeal in consultation with the Chief Judge of the State, the Grand Kadi of the Sharia Court of Appeal of the State or the President of the Customary Court of Appeal of the State, as the case may be. B - Governorship Election Tribunal 2. (1) A Governorship Election Tribunal shall consist of a Chairman and two other members. (2) The Chairman shall be a Judge of a High Court and two other members shall be appointed from among Judges of a High Court, Kadis of a Sharia Court of Appeal, Judges of a Customary Court of Appeal or members of the judiciary not below the rank of a Chief Magistrate. (3) The Chairman and other members shall be appointed by the President of the Court of Appeal in consultation with the Chief Judge of the State, the Grand Kadi of the Sharia Court of Appeal of the State or the President of the Customary Court of Appeal of the State, as the case may be. [Sixth Schedule is substituted by the Constitution of Federal Republic of Nigeria (Second Alteration Act) 2010] 268 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsSEVENTH SCHEDULE [Sections 26(1)(c), 27(2)(f), 52, 94, 135, 140, 142, 149, 180, 185, 187, 194 and 290] Oaths Oaths of Allegiance I, .......... do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria So help me God Oath of office of President I, .............. do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as President of the Federal Republic of Nigeria, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of the Federal Republic of Nigeria, except as may be required for the due discharge of my duties as President; and that I will devote myself to the service and well-being of the people of Nigeria. So help me God. 269 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsOath of office of Governor of a State I, ......... do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as the Governor of ......... State, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will exercise the authority vested in me as Governor so as not to impede or prejudice the authority lawfully vested in the President of the Federal Republic of Nigeria and so as not to endanger the continuance of Federal Government in Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Governor of ......... State, except as may be required for the due discharge of my duties as Governor; and that I will devote myself to the service and well-being of the people of Nigeria. So help me God. Oath of office of Vice-President, Deputy Governor, Minister, Commissioner or Special Adviser I, .......... do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as Vice-President of the Federal Republic of Nigeria/Deputy Governor of ....... State/ Minister of the Government of the Federation/Commissioner of the Government of ........ State/Special Adviser to ........, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that 270 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsI will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions, that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Vice-President of the Federal Republic of Nigeria/Deputy Governor of ..... State/ Minister of the Government of the Federation/Commissioner of ...... State/Special Adviser to ......... except as may be required for the due discharge of my duties as Vice-President/Deputy Governor of ....... State/Minister/Commissioner/Special Adviser. So help me God. Oath of a member of the National Assembly or of a House of Assembly I, ..... do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as a Member of the Senate/House of Representatives/ ..... House of Assembly, I will perform my functions honestly to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and the rules of the Senate/House of Representatives/ ...... House of Assembly and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria; and that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria. So help me God. 271 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth AlterationsJudicial Oath I, ...... do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as Chief Justice of Nigeria/Justice of the Supreme Court/President/Justice of the Court of Appeal/Chief Judge/Judge of the Federal High Court/ President/Judge of the National Industrial Court /Chief Judge/ Judge of the High Court of the Federal Capital Territory, Abuja/ Chief Judge of ...... State/Judge of the High Court of ...... State/ Grand Kadi/Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja/ Grand Kadi/Kadi of the Sharia Court of Appeal of .... State/President/Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja/President/Judge of the Customary Court of Appeal of ......... State, I will discharge my duties, and perform my functions honestly, to the best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria and the law; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria. So help me God [Judicial Oath in Seventh Schedule altered by the Constitution of Federal Republic of Nigeria (Third Alteration Act) 2010] About PLAC The compilation of this updated Constitution of the Federal Republic of Nigeria,1999 including the alterations made in 2010 and 2017 is issued by Policy and Legal Advocacy Centre (PLAC). PLAC is a non-governmental organization committed to strengthening democratic governance and citizens’ participation in Nigeria. PLAC works to enhance citizens’ engagement with state institutions, and to promote transparency and accountability in policy and decision-making process. The main focus of PLAC’s intervention in the democratic governance process is on building the capacity of the legislature and reforming the electoral process. Since its establishment, PLAC has grown into a leading institution with capacity to deliver cutting-edge research, policy analysis and advocacy. PLAC receives funding support from donors and other philanthropic sources. @placng @placngwww.facebook.com/placng WWW.PLACNG.ORG