Constitution of the Federation of Nigeria

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Constitution of the Federation of Nigeria
Government of Nigeria

THE CONSTITUTION OF THE FEDERATION OF NIGERIA
ARRANGEMENT OF SECTIONS
CHAPTER I
THE FEDERATION AND ITS TERRITORIES
Section
1. Effect of this Constitution.
2. Establishment of the Federation.
3. Territories of the Federation.
4. Alteration of this Constitution.
5. Provisions relating to Regional constitutions.
6. Interpretation.
CHAPTER II
CITIZENSHIP
7. Persons who become citizens on 1st October 1960.
8. Persons entitled to be registered as citizens.
9. Persons naturalized or registered before 1st October, 1960.
10. Persons born in Nigeria after 30th September, 1960.
11. Persons born outside Nigeria after 30th September, 1960.
12. Dual citizenship.
13. Commonwealth citizens.
14. Criminal liability of Commonwealth citizens.
15. Powers of Parliament.
16. Interpretation.
CHAPTER III
FUNDAMENTAL RIGHTS
17. Deprivation of life.
18. Inhuman treatment.
19. Slavery and forced labour.
20. Deprivation of personal liberty.
21. Determination of rights.
22. Private and family life.
23. Freedom of conscience.
24. Freedom of expression.
25. Peaceful assembly and association.
26. Freedom of movement
27. Freedom from discrimination.
28. Derogations from fundamental rights.
29. Reference to tribunal in certain cases.
30. Compulsory acquisition of property.
31. Special jurisdiction of High Courts in relation to this Chapter.
32. Interpretation
CHAPTER IV
THE GOVERNOR-GENERAL
33. Establishment of office of Governor-General.
34. Oaths to be taken by Governor-General.
35. Discharge of Governor-General's functions during vacancy, etc.
CHAPTER V
PARLIAMENT
Part 1
Composition of Parliament
36. Establishment of Parliament.
37. Composition of Senate.
38. Composition of House of Representatives.
39. Qualifications for membership of Parliament.
40. Disqualifications for membership of Parliament, etc.
41. President of Senate.
42. Speaker of House of Representatives.
43. Right of attendance of Ministers.
44. Tenure of seats of members of Parliament.
45. Establishment of Electoral Commission.
46. Constituencies.
47. Elections.
48. Determination of questions respecting members of Parliament.
49. Clerks to Houses of Parliament and their staffs.
Part 2
Procedure in Parliament
50. Oaths to be taken by members of Parliament.
51. Presiding in Senate.
52. Presiding in House of Representatives.
53. Quorum in Houses of Parliament.
54. Use of English in Parliament.
55. Voting in Parliament.
56. Unqualified persons sitting or voting.
57. Mode of exercising legislative power.
58. Restrictions with regard to certain financial measures.
59. Limitation of powers of Senate.
60. Regulation of procedure in Houses of Parliament.
61. Interpretation.
Part 3
Summoning, prorogation and dissolution
62. Sessions of Parliament.
63. Prorogation and dissolution of Parliament.
Part 3
Legislative powers
64. Powers of Parliament to make laws.
65. Special powers of Parliament in relation to emergencies.
66. Special powers of Parliament when s. 80 of this Constitution has been
contravened.
67. Powers of Parliament conferred by Regional law.
68. Powers to make grants of money, etc., for any purpose.
69. Implementation of treaties, etc.
70. Income tax and estate duty.
71. Trade and commerce.
72. Banks and banking.
73. Electricity and gas.
74. Authorities empowered to administer trusts and estates.
Section
75. Exhibition of cinematograph films.
76. Exemption from Regional taxes with respect to mining.
77. Evidence.
CHAPTER VI
EXECUTIVE POWERS
78. Exercise of executive authority of Federation.
79. Extent of executive authority of Federation.
80. Executive authority of Regions.
81. Ministers of Government of Federation.
82. Establishment of Council of Ministers.
83. Collective responsibility.
84. Allocation of portfolios to Ministers.
85. Performance of functions of Prime Minister during absence or illness.
86. Exercise of Governor-General's powers.
87. Governor-General to be informed concerning matters of government.
88. Parliamentary Secretaries.
89. Oaths to be taken by Ministers, etc.
90. Permanent secretaries.
91. Constitution of offices for Federation, etc.
92. Delegation of executive authority of Federation.
93. Delegation of executive authority of Region.
94. Prerogative of mercy.
95. Establishment of Advisory Council on Prerogative of Mercy.
96. Functions of Advisory Council.
97. Public prosecutions.
CHAPTER VII
POLICE
98. Establishment of Nigeria Police Force.
99. Control of Nigeria Police Force.
100. Establishment of Nigeria Police Council.
101. Functions of Nigeria Police Council.
102. Establishment of Police Service Commission.
103. Appointments to Nigeria Police Force, etc.
CHAPTER VIII
COURTS
Part 1
The Federal Supreme Court
104. Establishment of Federal Supreme Court.
105. Appointment of Chief Justice of Federation and Federal Justices.
106. Tenure of office of Chief Justice of Federation and Federal Justices.
107. Original jurisdiction of Federal Supreme Court.
108. Questions as to interpretation of this Constitution.
109. Advisory jurisdiction of Federal Supreme Court.
110. Appeals to Federal Supreme. Court from High Courts.
111. Appeals to Federal Supreme Court from other Federal Courts, etc:
112. Appeals to Federal Supreme Court from Sharia Court of Appeal
and Court of Resolution.
113. Powers, practice and procedure of Federal Supreme Court.
Part 2
Appeals to Her Majesty in Council
Section
114. Appeals from Federal Supreme Court to Her Majesty in Council.
Part 3
The High Court of the Federal Territory
115. Establishment of High Court of Lagos.
116. Appointment of judges of High Court of Lagos.
117. Tenure of office of judges of High Court of Lagos.
118. Appeals to High Court of Lagos from subordinate courts.
Part 4
General
119. Establishment of courts.
120. Establishment of Judicial Service Commission.
121. Appointment, etc., of officers connected with courts of Federation
or Federal territory.
122. Oaths to be taken by judges.
CHAPTER IX
FINANCE
Part 1
Public Funds of the Federation
123. Establishment of Consolidated Revenue Fund.
124. Authorisation of expenditure from Consolidated Revenue Fund.
125. Authorisation of expenditure in advance of appropriation.
126. Contingencies Fund.
127. Remuneration of Governor-General and certain other officers.
128. Audit of public accounts.
129. Public debt.
Part 2
Allocation of revenue
130. Import duties on certain commodities.
131. Import duties on motor spirit and tobacco.
132. Excise duties.
133. Export duties.
134. Mining royalties and rents.
135. Distribution of funds in Distributable Pool Account.
136. Regions to contribute towards costs of administration.
137. Set-off.
138. Sums charged on Consolidated Revenue Funds.
139. Provisions with regard to payments.
CHAPTER X
THE PUBLIC SEP. VICE OF 1'HE FEDERATION
140. Establishment of Public Service Commission.
141. Appointment, etc., of officers in public service.
142. Appointment, etc., or principal representatives of Federation abroad.
143. Appointment, etc., of permanent secretaries.
Section
144. Qualifications of Director of Public Prosecutions.
145. Tenure of office of Director of Public Prosecutions.
146. Appointment and tenure of office of Director of Audit.
147. Powers relating to Clerks of Houses of Parliament.
148. Protection of pension rights.
149. Powers of Public Service Commission in relation to grant of
pensions, etc.
CHAPTER XI
MlSCELLANEOUS
150. Powers and procedure of Federal Commissions.
151. Resignations.
152. Re-appointments, etc~
153. Review of ss. 134 and 135 of this Constitution.
154. Interpretation.
THE SCHEDULE
THE LEGISLATIVE LISTS
Part I
The Exclusive Legislative List
Part II
The Concurrent Legislative List
Part III
Interpretation
CHAPTER 1
THE FEDERATION AND ITS TERRITORIES
Effect of this Constitution
1. This Constitution shall have the force of law throughout
Nigeria and, subject to the provisions of section 4 of this Constitution,
if any other law (including the constitution of a Region) is inconsistent
with this Constitution, this Constitution shall prevail and the other
law shall, to the extent of the inconsistency, be void.
Establishment of the Federation
2. The Federation of Nigeria shall consist of Regions and a
Federal territory.
Territories of the Federation
3. - (1) There shall be three Regions, that is to say, Northern
Nigeria, Western Nigeria and Eastern Nigeria.
(2) Northern Nigeria shall comprise those parts of the former
Protectorate of Nigeria that on the thirtieth day of September, 1960,
were comprised in the Northern Region of Nigeria.
(3) Western Nigeria shall comprise those parts of the former
Colony and Protectorate of Nigeria that on the thirtieth day of
September, 1960, were comprised in the Western Region of Nigeria.
(4) Eastern Nigeria shall comprise those parts of the former
Protectorate of Nigeria that on the thirtieth day of September, 1960,
were comprised in the Eastern Region of Nigeria.
(5) The Federal territory shall comprise those parts of the former
Colony of Nigeria that on the thirtieth day of September, 1960, were
comprised in the Federal Territory of Lagos.
Alteration of this Constitution
4. - (1) Parliament may alter any of the provisions of this Constitution
or (in so far as it forms part of the law of Nigeria) any of
the provisions of the Nigeria Independence Act, 1960:
Provided that, in so far as it alters any of the provisions of this
section, sections l, 2, 5, 6, 17 to 33 inclusive, 36, 37, 38, 45, 46, 47, 57,
62 to 87 inclusive, 97 to 106 inclusive, 108, ll0, ll2, ll4 to ll8
inclusive, 120, 121, 123, 124, 127 to 141 inclusive, 145, 146, 148, 150
and the Schedule to this Constitution or (in so far as they apply to
any of those provisions) sections 61 and 154 of this Constitution or
any of the provisions of the Nigeria Independence Act, 1960, an
Act of Parliament shall not come into operation unless each legislative
house of at least two Regions has passed a resolution signifying
consent to it having effect.
(2) A bill for an Act of Parliament under this section, not being
an Act to which subsection (3) of this section applies, shall not be
passed in either House of Parliament unless it has been supported
on second and third readings by the votes of not less than two-thirds
of all the members of that House.
(3) Alterations to section 3 of this Constitution for the purpose
of establishing new Regions out of other territories shall be effected
only in accordance with the following procedure-
(a) a proposal for the alteration shah be submitted to each House
of Parliament and, if that proposal is approved by a resolution
of each of those Houses supported by the votes of at least
two-thirds of all the members of that House, the proposal
shall then be submitted to the legislative houses of all the
Regions; and
(b) if the proposal is approved-
(i) by a resolution of each legislative house of a majority.
of all the Regions; or
(ii) by a resolution of each legislative house of at least
two Regions, including any Region comprising any
part of Nigeria that would be transferred to the new
Region under the proposal,
Parliament may provide for the alteration.
(4) Alterations to section 3 of this Constitution for the purpose of
altering the boundaries of territories by the transfer of any part of
one territory to another territory shall be effected only in accordance
with the following procedure-
(a) a proposal for the alteration shall be submitted to each House
of Parliament and, if that proposal is approved by a resolution
of each of those Houses supported by the votes of at
least two-thirds of all the members of that House, the proposal
shall then be submitted to the legislative houses of all the
Regions; and
(b) if the proposal is approved-
(i) by a resolution of each legislative house of a majority
of all the Regions, including any Region to which any
part of Nigeria comprised in another territory would
be transferred under the proposal; or
(ii) by a resolution of each legislative house of each Region
comprising any part of Nigeria that would be transferred
either to or from that Region under the proposal,
Parliament may provide for the alteration:
Provided that the procedure described in paragraphs (a)
and (b) of this subsection need not be followed if the alteration
is for the purpose of transferring an area of not more than
one thousand square miles inhabited by. not more than one
hundred thousand persons from one Region to another Region
or Regions.
(5) An Act of Parliament passed for the purposes of subsection (3)
of this section or an Act of Parliament passed for the purposes of
subsection (4) of this section, being an Act to effect an alteration in
respect of which the procedure described in paragraphs (a) and (b)
thereof is required to be followed, shall not come into operation
unless -
(a) a resolution has been passed by each legislative 'house of at
least two Regions signifying consent to its having effect; and
(b) a referendum upon the question whether the Act should have
effect has been held in pursuance of provision made in that
behalf by Parliament in every part of Nigeria that would be
comprised in a new Region or transferred from one territory
to another, as the case may be, at which the persons entitled
to vote were the persons who at the date of the referendum
were entitled to vote in any constituency in that part of
Nigeria established under section 46 of this Constitution and
at which at least three-fifties of all the persons who were
entitled to vote at the referendum voted in favour of the Act.
(6) An Act of Parliament passed for the purposes of subsection (4) of
this section, being an Act to effect an alteration in respect of
which the procedure described in paragraphs (a) and (b) thereof is
not required to be followed, shall not come into operation unless a
resolution has been passed by each legislative house of each Region
whose boundaries are affected by the Act signifying consent to its
having effect.
(?) An Act of Parliament altering section 37 of this Constitution
in relation to any Region in such a manner that that Region would
be represented in the Senate by less than the appropriate proportion
of Senators shall not come into operation unless a resolution has
been passed by each legislative house of that Region signifying consent
to its having effect.
(8) An Act of Parliament altering section 38, 46 or 47 of this
Constitution in relation to any Region in such a manner that the
number of members of the House of Representatives to be elected in
that Region would be less than the appropriate proportion for that
Region shall not come into operation unless a resolution has been
passed by each legislative house of that Region signifying consent
to its having effect.
(9) An Act of Parliament altering section 38, 46 or 47 of this
Constitution in relation to the Federal territory in such a manner
that the number of members of the House of. Representatives to be
elected in that territory would be less than the appropriate proportion
for that territory shall not come into operation unless a resolution
supported by a majority of the members of that House who represent
that territory has been passed by each House of Parliament signifying
consent to its having effect.
(10) The provisions of this Constitution or (in so far as it forms
part of the law of Nigeria) the Nigeria Independence Act, 1960, shall
not be altered except in accordance with the provisions of this section.
(11) "The appropriate proportion "--
(a) for the purposes of subsection (7) of this section, means
the number obtained by dividing the total number of
Senators representing the Regions by the total number of
Regions; and
(b) for the purposes of subsections (8) and (9) of this section,
means, in relation to a territory, such proportion of the
total number of members of the House of Representatives
as corresponds most nearly to the proportion borne by
the number of inhabitants of that territory to the total
number of inhabitants of Nigeria.
(12) For the purposes of this section the number of inhabitants
of Nigeria or a territory shall be ascertained by reference to the
latest census of the population of Nigeria held in pursuance of an
Act of Parliament.
Provisions relating to Regional Constitutions
5. ---(1) Subject to the provisions of this Constitution and the
Nigeria Independence Act, 1960, the constitution of each Region
shall have the force of law throughout that Region and if any other
law is inconsistent with that constitution, the provisions of that
constitution shall prevail and the other law shall, to the extent of
the inconsistency, be void.
(2) Subject to the provisions of this Constitution, the constitution
of a Region may be altered only by a law enacted by the legislature
of that Region.
(3) A bill for a law to be enacted by the legislature of a Region
altering any of the provisions of the constitution of that Region shall
not be passed in any legislative home of that Region unless it has
been supported on second and third readings by the votes of not
less than two-thirds of all the members of that legislative house and
shall not be presented to the Governor of the Region for assent
unless it has been passed by each legislative house of the Region.
(4) No law enacted by the legislature of a Region, to the extent
that it alters any provision of the constitution of that Region to
which this subsection applies, shall have effect unless a resolution
supported by the votes of at least two-thirds of all the members of
that House is passed by each House of Parliament signifying consent
to its having effect.
(5) Where a new Region is established out of other territories or
parts of other territories, Parliament may make laws for the peace,
order and good government of that Region with respect to matters
not included in the Legislative Lists (including provision for the
constitution of that Region) for a period of six months after the
establishment of that Region but thereafter Parliament shall have
only such powers to make laws for that Region as it has in relation
to the other Regions:
Provided that nothing in this section shall preclude the legislature
of that Region from' making laws in accordance with the provisions
of this Constitution and the constitution of the Region.
(6) Subsection (4) of this section applies to any provision of the
constitution of a Region relating to-
(a) the establishment of any of the following, that is to say, the
office of Governor, a legislative house, a legislature, an executive
council, the office of any Minister of the Government, a
High Court, an electoral commission, a public service commission,
a judicial service commission, the office of a Director
of Audit and the office of a Director of Public Prosecutions;
(b) the manner in which the Governor's functions are to be
exercised;
(c) the appointment, tenure of office and the terms of service of
any of the following, that is to say, the Governor, the judges
of the High Court, the members of the commissions referred
to in paragraph (a) of this subsection, the Director of Audit
and the Director of Public Prosecutions;
(d) the functions of any of the following, that is to say, the
executive council, the commissions referred to in paragraph
(a) of this subsection, the Director of Audit and the Director
of Public Prosecutions;
(e) the appointment and tenure of office of Ministers of the
Government and the allocation of portfolios;
(f) the summoning, sessions, prorogation and dissolution of the
legislative houses;
(g) the establishment of a Consolidated Revenue Fund and other
public funds, the authorisation of expenditure therefrom and
the imposition of charges upon any public fund or upon the
revenues and assets of the Region;
(h) appeals to the High Court from subordinate courts; and
(i) the procedure of the commissions referred to in paragraph (a)
of this subsection.
Interpretation
6. In this Chapter--
(a) references to any of the provisions of this Constitution, the
Nigeria Independence Act, 1960, or the constitution of a
Region include references to any law, or instrument made
under a law, that amends, modifies, re-enacts with or without
amendment or modification or makes different provision in
lieu of, that provision; and
(b) references to the alteration of any of the provisions of this
Constitution, the Nigeria Independence Act, 1960, or the.
constitution of a Region include references to the amendment,
modification or re-enactment, with or without amendment or
modification, of that provision, the suspension or repeal of that
provision and the making of different provision in lieu of
that provision.
CHAPTER II
CITIZENSHIP
Persons who become citizens on October 1, 1960
7.--(1) Every person who, having been born in the former Colony
or Protectorate of Nigeria, was on the thirtieth day of September,
1960, a citizen of the United Kingdom and Colonies or a British
protected person shall become a citizen of Nigeria on the first day
of October, 1960:
Provided that a person shall not become a citizen of Nigeria by
virtue of this subsection if neither of his parents nor any of his
grandparents was born in the former Colony or Protectorate of
Nigeria.
(2) Every person who, having been born outside the former Colony
and Protectorate of Nigeria, was on the thirtieth day of September,
1960, a citizen of the United Kingdom and Colonies or a British
protected person shall, if his father was born in the former Colony
or Protectorate and was a citizen of the United Kingdom and Colonies
or a British protected person on the thirtieth day of September, 1960,
(or, if he died before that date, was such a citizen or person at the
date of his death or would have become such a citizen or person but
for his death) become a citizen of Nigeria on the first day of October,
1960.
Persons entitled to be registered as citizens
8.--(1) Any person who, but for the proviso to subsection (1) of
section 7 of this Constitution, would be a citizen of Nigeria by
virtue Of that subsection shall be entitled, upon making application
before the first day of October, 1962, in such manner as may be
prescribed by Parliament, to be registered as a citizen of Nigeria:
Provided that a person who has not attained the age of twenty-one
years (other than a woman who is or has been married) may not
make an application under this subsection himself but an application
may be made on his behalf by his parent or guardian.
(2) Any woman, who on the thirtieth day of September, 1960,
was a citizen of the United Kingdom and Colonies or a British
protected person and who is or has been married to a person--
(a) who becomes a citizen of Nigeria by virtue of section 7 of
this Constitution; or
(b) who, having died before the first day of October, 1960,
would, but for his death, have become a citizen of Nigeria
by virtue of that section,
shall be entitled, upon making application in such manner as may
be prescribed by Parliament, to be registered as a citizen of Nigeria.
(3) Any woman who is or has been married to a person who
becomes a citizen of Nigeria by registration under subsection (1) of
this section and is at the date of such registration a citizen of the
United Kingdom and Colonies or a British protected person shall be
entitled, upon making application within such time and in such
manner as may be prescribed by Parliament, to be registered as a
citizen of Nigeria.
(4) Any woman who on the thirtieth day of September, 1960,
was a citizen of the United Kingdom and Colonies or a British
protected person and who has been married to a person who, having
died before the first day of October, 1960, would, but for his death,
be entitled to be registered as a citizen of Nigeria under subsection (1)
of this section, shall be entitled, upon making application before the
first day of October, 1962, in such manner as may be prescribed by
Parliament, to be registered as a citizen of Nigeria.
(5) The provisions of subsections (2), (3) and (4) of this section
shall be without prejudice to the provisions of section 7 of this
Constitution.
Persons naturalised or registered before October 1, 1960
9. Any person who on the thirtieth day of September, 1960, was
a citizen of the United Kingdom and Colonies -
(a) having become such a citizen under the British Nationality
Act, 1948, by virtue of his having been naturalised in the
former Colony or Protectorate of Nigeria as a British subject
before that Act came into force; or
(b) having become such a citizen by virtue of his' having been
naturalised or registered in the former Colony or Protectorate
of Nigeria under that Act,
shall be entitled, upon making application before the first day of
October, 1962, in such manner as may be prescribed by Parliament,
to be registered as a citizen of Nigeria:
Provided that a person who has not attained the age of twenty-one
years (other than a woman who is or has been married) may not
make an application under this subsection himself but an application
may be made on his behalf by his parent or guardian.
Persons born in Nigeria after September 30, 1960
10. Every person born in Nigeria after the thirtieth day of
September, 1960, shah become a citizen of Nigeria at the date of
his birth:
Provided that a person shall not become a citizen of Nigeria by
virtue of this section if at the time of his birth -
(a) neither of his parents was a citizen of Nigeria and his father
possessed such immunity from suit and legal process as is
accorded to an envoy, of a foreign sovereign power accredited
to the Federation; or
(b) his father was an enemy alien and the birth occurred in a
place then under occupation by the enemy.
Persons born outside Nigeria after September 30, 1960
11. A person born outside Nigeria after the thirtieth day of
September, 1960, shall become a citizen of Nigeria at the date of
his birth if at that date his father is a citizen of Nigeria otherwise
than by virtue of this section or subsection (2) of section 7 of this
Constitution.
12, Any person who, upon his attainment of the age of twenty-one
years, was a citizen of Nigeria and also a citizen of some country
other than Nigeria shall cease to be a citizen of Nigeria upon his
attainment of the age of twenty-two years (or, in the case of a
person of unsound mind, at such later date as may be prescribed by
Parliament) unless he has renounced his citizenship of that other
country, taken the oath of allegiance and, in the case of a person.
who is a citizen of Nigeria by virtue of subsection (2) of section 7
of this Constitution, has made such declaration of his intentions
concerning residence or employment as may be prescribed by
Parliament:
Provided that where a person cannot renounce his citizenship of
the other country under the law of that country he may instead make
such declaration concerning that citizenship as may be, prescribed by
Parliament.
Commonwealth citizens
13. - (1) Every person who under this Constitution or any Act of
Parliament is a citizen of Nigeria or under any enactment for the
time being in force in any country to which this section applies is a
citizen of that country shall, by virtue of that citizenship, have the
status of a Commonwealth citizen.
(2) Every person who is a British subject without citizenship under
the British Nationality Act, 1948, or who continues to be a British
subject under section 2 of that Act shah by virtue of that status
have the status of a Commonwealth citizen.
(3) The countries to which this section applies are the United
Kingdom and Colonies, Canada, Australia, New Zealand, the Union
of South Africa, India, Pakistan, the Federation of Rhodesia and
Nyasaland, Ceylon, (Ghana, the Federation of Malaya, the State of
Singapore and such other countries as may be prescribed by
Parliament.
Criminal liability of Commonwealth citizens
14. -(1) A Commonwealth citizen who is not a citizen of Nigeria or
a citizen of the Republic of Ireland who is not a citizen of Nigeria
shall not be guilty of an offence against any law in force in Nigeria
by reason of anything done or omitted in any part of the Commonwealth
other than Nigeria or in the Republic of Ireland or in any
foreign country unless-
(a) the act or omission would be an offence if he were an alien;
and
(b) in the case of an act or omission in any part of the Commonwealth
or in the Republic of Ireland, it would be an offence
if the country in which the act was done or the omission
made were a foreign country.
(2) In this section "foreign country' means a country (other than
the Republic of Ireland) that is not part of the Commonwealth.
Powers of Parliament
15. Parliament may make provision—
(a) for the acquisition of citizenship of Nigeria by persons who
do not become citizens of Nigeria by virtue of the provisions
of this Chapter;
(b) for depriving of his citizenship of Nigeria any person who is
a citizen of Nigeria otherwise than by virtue of subsection (1)
of section 7 or section 10 of this Constitution; or
(c) for the renunciation by any person of his citizenship of
Nigeria.
Interpretation
16. - (1) In this Chapter-
alien" means a person who is not a citizen of Nigeria, a
Commonwealth citizen other than a citizen of Nigeria, a British
protected person or a citizen of the Republic of Ireland;
"British protected person" means a person who is a British
protected person for the purposes of the British Nationality Act,
1948.
(2) For the purposes of this Chapter a person born in a ship or
aircraft registered in Nigeria or belonging to the Government of the
Federation shall be deemed to have been born in Nigeria.
(3) Any reference in this Chapter to the national status of the
father of a person at the time of that person's birth shall, in relation
to a person born after the death of his father, be construed as a
reference to the national status of the father at the time of his
father's death; and where that death occurred before the first day
of October, 1960, and the birth occurred after the thirtieth day of
September, 1960, the national status that the father would have had if
he had died on the first day of October, 1960, shah be deemed to
be his national status at the time of his death.
CHAPTER III
FUNDAMENTAL RIGHTS
Deprivation of life
17. - (1) No person shall be deprived intentionally of his life,
save in execution of the sentence of a court in respect of a criminal
offence of which he has been found guilty.
(2) A person shall not be regarded as having been deprived of his
life in contravention of this section if he dies as the result of the
use, to such extent and in such circumstances as are permitted by
law, of such force as is reasonably justifiable---
(a) for the defence of any person from violence or for the defence
of property;
(b) in order to effect an arrest or to prevent the escape of a
person detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny;
or
(d) in order to prevent the commission by that person of a
criminal offence.
(3) The use of force in any part of Nigeria in circumstances in
which and to the extent to which it would have been authorised in
that part on the first day of November, 1959, by the Code of
Criminal Law established by the Criminal Code Ordinance 2, as
amended, shall be regarded as reasonably justifiable for the purposes
of this section.
Inhuman treatment
18. - (1) No person shall be subjected to torture, or to inhuman
or degrading punishment or other treatment.
(2) Nothing in this section shall invalidate any law by reason
only that it authorises the infliction in any part of Nigeria of any
punishment that was lawful and customary in that part on the first
day of November, 1959.
Slavery and forced labour
19. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section "forced labour" does not
include-
(a) any labour required in consequence of the sentence or order
of a court;
(b) any labour required of members of the armed forces of the
Crown in pursuance of their duties as such or, in the case of
persons who have conscientious objections to service in the
armed forces, any labour required instead of such service;
(c) any labour required in the event of an emergency or calamity
threatening the life or well-being of the community; or
(d) any labour that forms part of normal communal or other
civil obligations.
20. - (1) No person shall be deprived of his personal liberty save
in the following cases and in accordance with a procedure permitted
by law-
(a) in consequence of his unfitness to plead to a criminal charge,
in execution of the sentence or order of a court in respect of
a criminal offence of which he has been found guilty or in
the execution of the order of a court of record punishing
him for contempt of itself;
(b) by reason of his failure to comply with the order of a court
or in order to secure the fulfilment of any obligation imposed
upon him by law;
(c) for the purpose of bringing him before a court in execution of
the order of a court or upon reasonable suspicion of his
having committed a criminal offence or to such extent as may
be reasonably necessary to prevent his committing a criminal
offence;
(d) in the case of a person who has not attained the age of
twenty-one years, for the purpose of his education or welfare;
(e) in the case of persons suffering from infectious or contagious
disease, persons of unsound mind, persons addicted to drugs
or alcohol or vagrants, for the purpose of their care or treatment
or the protection of the community; or
(f) for the purpose of preventing the unlawful entry of any person
into Nigeria or for the purpose of effecting the expulsion,
extradition or other lawful removal from Nigeria of any
person or the taking of proceedings relating thereto.
(2) Any person who is arrested or detained shall be promptly
informed, in language that he understands, of the reasons for his
arrest or detention.
(3) Any person who is arrested or detained in accordance with
paragraph (c) of subsection (1) of this section shall be brought before
a court without undue delay and if he is not tried within a reasonable
time he shall (without prejudice to any further proceedings that may
be brought against him) be released either unconditionally or upon
such conditions as are reasonably necessary to ensure that he appears
for trial at a later date
(4) Any person who is unlawfully arrested or detained shall be
entitled to compensation.
(5) Nothing in this section shall invalidate any law by reason
only that it authorises the detention for a period not exceeding three
months of a member of the armed forces of the Crown or a member
of a police force in execution of a sentence imposed by an officer of
the armed forces of the Crown or a police force, as the case may be,
in respect of an offence punishable by such detention of which he
has been found guilty.
21.--(1) In the determination of his civil rights and obligations
a person shall be entitled to a fair hearing within a reasonable time
by a court or other tribunal established by law and constituted in
such manner as to secure its independence and impartiality:
Provided that nothing in this subsection shall invalidate any law
by reason only that it confers on any person or authority power to
determine questions arising in the administration of a law that affect
or may affect the civil rights and obligations of any person.
(2) Whenever any person is charged with a criminal offence, he
shall, unless the charge is withdrawn, be entitled to a fair hearing
within a reasonable time by a court.
(3) The proceedings of a court or the proceedings of any tribunal
relating to the matters mentioned in subsection (1) of this section
(including the announcement of the decisions of the court or tribunal)
shall be held in public:
Provided that –
(a) a court or such a tribunal may exclude from its proceedings
persons other than the parties thereto in the interests of
defence, public safety, public order, public morality, the
welfare of persons who have not attained the age of twentyone
years, the protection of the private lives of the parties
or to such extent as it may consider necessary by reason of
special circumstances in which publicity would be contrary to
the interests of justice; and
(b) if in any proceedings before a court or such a tribunal a
Minister of the Government of the Federation or a Minister
of the Government of a Region certifies that it would not be
in the public interest for any matter to be publicly disclosed,
the court or tribunal shall make arrangements for evidence
relating to that matter to be heard in camera and shall take
such other action as may be necessary or expedient to prevent
the disclosure of the matter.
(4) Every person who is charged with a criminal offence shall be
presumed to be innocent until he is proved guilty:
Provided that nothing in this section shall invalidate any law by
reason only that the law imposes upon any such person the burden
of proving particular facts.
(5) Every person who is charged with a criminal offence shall be
entitled -
(a) to be informed promptly, in language that he understands
and in detail, of the nature of the offence:
(b) to be given adequate time and facilities for the preparation
of his defence;
(c) to defend himself in person or by legal representatives of his
own choice;
(d) to examine in person or by his legal representatives the
witnesses called by the prosecution before any court and to
obtain the attendance and carry out the examination of
witnesses to testify on his behalf before the court on the
same conditions as those applying to the witnesses called by
the prosecution; and
(e) to have without payment the assistance of an interpreter if
he cannot understand the language used at the trial of the
offence:
Provided that nothing in this subsection shall invalidate any law
by reason only that the law prohibits legal representation in a court
established by or under the Native Courts Law, 1956, the Sharia
Court of Appeal Law, 1960, or the Court of Resolution Law, 1960,
of Northern Nigeria, the Customary Courts Law, 1957, of Western
Nigeria,4 or the Customary Courts Law, 1956, of Eastern Nigeria,5
as amended, or any law replacing any of those laws.
(6) When any person is tried for any criminal offence, the court
shah keep a record of the proceedings and the accused person or any
person authorised by him in that behalf shall be entitled to obtain
copies of the record within a reasonable time upon payment of such
fee as may be prescribed by law.
(7) No person shall be held to be guilty of a criminal offence on
account of any act or omission that did not, at the time it took place,
constitute such an offence and no penalty shall be imposed for any
criminal offence heavier than the penalty in force at the time the
offence was committed.
(8) No person who shows that he has been tried by any competent
court for a criminal offence and either convicted or acquitted shah
again be tried for that offence or for a criminal offence having the
same ingredients as that offence save upon the order of a superior
court; and no person who shows that he has been pardoned for a
criminal offence shall again be tried for that offence.
(9) No person who is tried for a criminal offence shall be compelled
to give evidence at the trial.
(10) No person shah be convicted of a criminal offence unless
that offence is defined and the penalty therefor is prescribed in a
written law:
Provided that nothing in this subsection shall prevent a court of
record from punishing any person for contempt of itself notwithstanding
that the act or omission constituting the contempt is not
defined in a written law and the penalty therefor is not so prescribed.
Private and family life
22.--(1) Every person shall be entitled to respect for 'his private
and family life, his home and his correspondence.
(2) Nothing in this section shall invalidate any law that is reasonably
justifiable in a democratic society(
a) in the interest of defence, public safety, public order, public
morality, public health or the economic well-being of the
community; or
(b) for the purpose of protecting the rights and freedom of other
persons.
Freedom of conscience
23.---(1) Every person shall be entitled to freedom of thought,
conscience and religion, including freedom to change his religion or
belief and freedom, either alone or in community with others, and in
3 Laws No. 6 of 1956 and Nos. 16 and 17 of 1960.
4 Law No. 26 of 1957.
5 Law No. 21 of 1956.
public or in private to manifest and propagate his religion or belief
in worship, teaching, practice and observance.
(2) No person attending any place of education shall be required
to receive religious instruction or to take part in or attend any
religious ceremony or observances if such instruction, ceremony or
observances relate to a religion other than his own.
(3) No religious community or denomination shall be prevented
from providing religious instruction for pupils of that community or
denomination in any place of education maintained wholly by that
community or denomination.
(4) Nothing in this section shall invalidate any law that is reasonably
justifiable in a democratic society-
(a) in the interest of defence, public safety, public order, public
morality or public health; or
(b) for the purpose of protecting the rights and freedom of other
persons, including their rights and freedom to observe and
practise their religions without the unsolicited intervention of
members of other religions.
Freedom of expression
24.~(1) Every person shall be entitled to freedom of expression,
including freedom to hold opinions and to receive and impart ideas
and information without interference.
(2) Nothing in this section shall invalidate any law that is reasonably
justifiable in a democratic society-
(a) in the interest of defence, public safety, public order, public
morality or public health;
(b) for the purpose of protecting the rights, reputations and
freedom of other persons, preventing the disclosure of information
received in confidence, maintaining the authority and
independence of the courts or regulating telephony, wireless
broadcasting, television, or the exhibition of cinematograph
films; or
(c) imposing restrictions upon persons holding office under the
Crown, members of the armed forces of the Crown or
members of a police force.
Peaceful assembly and association
25.~(1) Every person shall be entitled to assemble freely and
associate with other persons and in particular he may form or belong
to trade unions and other associations for the protection of his
interests.
(2) Nothing in this section shall invalidate any law that is reasonably
justifiable in a democratic society--
(a) in the interest of defence, public safety, public order, public
morality or public health;
(b) for the purpose of protecting the rights and freedoms of
other persons; or
(c) imposing restrictions upon persons holding office under the
Crown, members of the armed forces of the Crown or members
of a police force.
Freedom of movement
26. - (1) Every citizen of Nigeria is entitled to move freely
throughout Nigeria and to reside in any part thereof; and no citizen
of Nigeria shall be expelled from Nigeria or refused entry thereto.
(2) Nothing in this section shall invalidate any law that is
reasonably justifiable in a democratic society--
(a) restricting the movement or residence of any person within
Nigeria in the interest of defence, public safety, public order,
public morality or public health;
(b) for the removal of persons from Nigeria to be tried outside
Nigeria for criminal offences or to undergo imprisonment
outside Nigeria in execution of the sentences of courts in
respect of criminal offences of which they have been found
guilty;
(c) imposing restrictions upon the movement or residence within
Nigeria of members of the public service of the Federation or
the public service of a Region, members of the armed forces
of the Crown or members of a police force.
(3) Nothing in this section shall invalidate any law by reason only
that the law imposes-restrictions with respect to the acquisition or
use by any person of land or other property in Nigeria or any part
thereof.
.Freedom from discrimination
27. - (1) A citizen of Nigeria of a particular community, tribe,
place of origin, religion or political opinion shall not, by reason only
that he is such a person-
(a) be subjected either expressly by, or in the practical application
of, any law in force in Nigeria or any executive or administrative
action of the Government of the Federation or the
Government of a Region to disabilities or restrictions to which
citizens of Nigeria of other communities, tribes, places of
origin, religions or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application
of, any law in force in Nigeria or any such executive or
administrative action any privilege or advantage that is not
conferred on citizens of Nigeria of other communities, tribes,
places of origin, religions or political opinions.
(2) Nothing in this section shall invalidate any law by reason
only that the law--
(a) prescribes qualifications for service in an office under the
Crown or as a member of the armed forces of the Crown or
a member of a police force or for the service of a body
corporate established directly by any law in force in Nigeria;
(b) imposes restrictions with respect to the appointment of any
person to an office under the Crown or as a member of the
armed forces of the Crown or a member of a police force or
to an office in the service of a body corporate established
directly by any law in force in Nigeria;
(c) imposes restrictions with respect to the acquisition or use by
any person of land or other property; or
(d) imposes any disability or restriction or accords any privilege
or advantage that, having regard to its nature and to special
circumstances pertaining to the persons to whom it applies, is
reasonably justifiable in a democratic society.
Derogations from fundamental rights
28. - (1) An Act of Parliament shall not be invalid by reason only
that it provides for the taking, during periods of emergency, of
measures that derogate from the provisions of section 17, 20, 21 or
27 of this Constitution but no such measures shall be taken in
pursuance of any such Act during any period of emergency save to
the extent that those measures are reasonably justifiable for the
purpose of dealing with the situation that exists during that period
of emergency:
Provided that nothing in this section shall authorise any derogation
from the provisions of section 17 of this Constitution except in respect of deaths
resulting from acts of war or any or any derogation from
the provisions of subsection (7) of section 21 of this Constitution.
(2) In this section "period of emergency" means a period of
emergency for the purposes of section 65 of this Constitution.
Reference to tribunal in certain cases
29. – (1) Where -
(a) any person is detained in pursuance of an Act of Parliament
derogating from the provisions of section 20 of this Constitution;
or
(b) the movement or residence of any person within Nigeria who
is a citizen of Nigeria is lawfully restricted (otherwise than
by order of a court) in the interest of defence, public safety,
public order, public morality or public health,
that person shall be entitled to require that his case should be
referred within one month of the beginning of the period of detention
or restriction and thereafter during that period at intervals of not
more than six months to a tribunal established by law and that
tribunal may make recommendations concerning the necessity or
expediency of continuing the detention or restriction to the authority
that has ordered it:
Provided that such authority, unless it is otherwise provided by
law, shall not be obliged to act in accordance with any such
recommendation.
(2) A tribunal established for the purposes of this section shall be
constituted in such manner as to ensure its independence and impartiality
and its chairman shall be appointed by the Chief Justice of
the Federation from among the persons qualified to practise in
Nigeria as advocates or solicitors.
Compulsory acquisition of property
30. - (1) No property, movable or immovable, shall be taken
possession of compulsorily and no right over or interest in any such
property shall be acquired compulsorily in any part of Nigeria except
by or under the provisions of a law that-
(a) requires the payment of adequate compensation therefor; and
(b) gives to any person claiming such compensation a right of
access, for the determination of his interest in the property
and the amount of compensation, to the High Court having
jurisdiction in that part of Nigeria.
(2) Nothing in this section shall affect the operation of any law
in force on the thirty-first day of March, 1958, or any law made
after that date that amends or replaces any such law and does not-
(a) add to the kinds of property that may be taken possession of
or the rights over and interests in property that may be
acquired;
(b) add to the purposes for which or circumstances in which
such property may be taken possession of or acquired;
(c) make the conditions governing entitlement to any compensation
or the amount thereof less favourable to any person
owning or interested in the property; or
(d) deprive any person of any such right as is mentioned in
paragraph (b) of subsection (1) of this section.
(3) Nothing in this section shall be construed as affecting any
general law-
(a) for the imposition or enforcement of any tax, rate or due;
(b) for the imposition of penalties or forfeitures for breach of the
law, whether under civil process or after conviction of an
offence;
(c) relating to leases, tenancies, mortgages, charges, bills of sale
or any other rights or obligations arising out of contracts;
(d) relating to the vesting and administration of the property of
persons adjudged or otherwise declared bankrupt or insolvent,
of persons of unsound mind, of deceased persons and of
companies, other bodies corporate and unincorporate societies
in the course of being wound up;
(e) relating to the execution of judgments or orders of courts;
(f) providing for the taking of possession of property that is in
a dangerous state or is injurious to the health of human
beings, plants or animals;
(g) relating to enemy property;
(h) relating to trusts and trustees;
(i) relating to the limitation of actions;
(j) relating to property vested in bodies corporate directly established
by any law in force in Nigeria;
(k) relating to the temporary taking of possession of property for
the purposes of any examination, investigation or enquiry; or
(/) providing for the carrying out of work on land for the purpose
of soil-conservation.
(4) The provisions of this section shall apply in relation to the
compulsory taking of possession of property, movable or immovable,
and the compulsory acquisition of rights over and interests in such
property by or on behalf of the Crown.
Special jurisdiction of High Courts in relation to this Chapter
31. - (1) Any person who alleges that any of the provisions of
this Chapter has been contravened in any territory in relation to him
may apply to the High Court of that territory for redress.
(2) Subject to the provisions of section 108 of this Constitution,
the High Court of a territory shall have original jurisdiction to hear
and determine any application made to it in pursuance of this section
and may make such orders, issue such writs and give such directions
as it may consider appropriate for the purpose of enforcing, or
securing the enforcement, within that territory of any rights to
which the person who makes the application may be entitled under
this Chapter.
(3) Parliament may make provision with respect to the practice
and procedure of the High Courts of the territories for the purposes
of this section and may confer upon those courts such powers in
addition to those conferred by this section as may appear to be
necessary or desirable for the purpose of enabling those courts more
effectively to exercise the jurisdiction conferred upon them by this
section.
Interpretation
32. In this Chapter, unless it is otherwise expressly provided or
required by the context -
"court" means any court of law in Nigeria (other than a
court-martial) and includes Her Majesty in Council:
Provided that, in relation to a member of the armed forces
of the Crown, it also includes a court-martial;
"law" includes an unwritten rule of law;
"member of the armed forces of the Crown" includes any
person who is subject to naval, military or air-force law;
"member of a police force" includes a person who is subject
to any law relating to the discipline of a police force.
CHAPTER IV
THE GOVERNOR-GENERAL
Establishment of office of Governor-General
33. - (1) There shall be a Governor-General and Commander-in-
Chief of the Federation, who shall be appointed by Her Majesty
and shall hold office during Her Majesty's pleasure and who shall be
Her Majesty's representative in the Federation.
(2) The Prime Minister shall consult the Premier of each Region
before tendering any advice to Her Majesty for the purposes of
this section.
Oaths to be taken by Governor-General
34. A person appointed to the office of Governor-General shall,
before entering upon the duties of that office, take and subscribe the
oath of allegiance and such oath for the due execution of his office
as may be prescribed by Parliament.
Discharge of Governor-General’s function during vacancy, etc.
35. Whenever the office of Governor-General is vacant or the
holder of the office is absent from Nigeria or is for any reason unable
to perform the functions conferred upon him by this Constitution,
those functions shall be performed by such person as Her Majesty
may appoint or, if there is no person in Nigeria so appointed and
able to perform those functions, by the Chief Justice Of the
Federation:
Provided that nothing in this section shah preclude the Governor-
General from performing any of those functions at any time when
he is absent from Nigeria.
CHAPTER V
PARLIAMENT
Part 1
Composition of Parliament
Establishment of Parliament
36. There shall be a Parliament of the Federation, which shall
consist of Her Majesty, a Senate and a House of Representatives.
Composition of Senate
37. - (1) The Senate shall consist of-
(a) twelve Senators representing each Region, who shall be
selected at a joint sitting of the legislative houses of that
Region from among persons nominated by the Governor;
(b) four Senators representing the Federal territory; and
(c) four Senators selected by the Governor-General, acting in
accordance with the advice of the Prime Minister.
(2) The Senators representing the Federal territory shall be-
(a) the Oba of Lagos, who shall be an ex-officio member of the
Senate;
(b) a Chief selected in such manner as may be prescribed by
Parliament by the White-Cap Chiefs and War Chiefs of
Lagos from among their own number; and
(c) two other persons selected for that purpose in such manner
as may be prescribed by Parliament.
(3) A joint sitting of the legislative houses of a Region may
regulate its own procedure for the purposes of this section.
38. The House of Representatives shall consist of three hundred
and five members.
Qualifications for membership of Parliament
39. Subject to the provisions of section 40 of this Constitution-
(a) a person shall be qualified for selection as a Senator representing
a territory if he is a citizen of Nigeria and has attained
the age of forty years;
(b) a person shall be qualified for selection as a Senator by the
Governor-General (whether or not he is a citizen of Nigeria)
if he has attained the age of twenty-one years; and
(c) a person shall be qualified for election as a member of the
House of Representatives if he is a citizen of Nigeria and has
attained the age of twenty-one years and, in the case of a
person who stands for election in Northern Nigeria, is a
male person.
Disqualifications of membership of Parliament, etc.
40. - (1) No person shall be qualified for selection as a Senator
or election to the House of Representatives-
(a) save for the purposes of selection as a Senator by the
Governor-General, if he has voluntarily acquired citizenship
of a country other than Nigeria or has made a declaration
of allegiance to such a country;
(b) if under any law in force in any part of Nigeria he is
adjudged to be a lunatic or otherwise declared to be of
unsound mind;
(c) if he is under a sentence of death imposed on him by any
court of law in Nigeria or a sentence of imprisonment (by
whatever name called) exceeding six months imposed on him
by such a court or substituted by competent authority for
some other sentence imposed on him by such a court;
(d) if he is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in any
part of Nigeria;
(e) save as otherwise provided by Parliament, if he is a member
of the public service of the Federation or the public service
of a Region, a member of the armed forces of the Crown or
the holder of any other office or emolument under the
Crown; or
ii) if he is an ex-officio member of the Senate or a legislative
house of a Region.
(2) Parliament may provide that a person shall not be qualified
for selection as a Senator or election to the House of Representatives
for such period (not exceeding five years) as may be prescribed if he
is convicted by any court of law in Nigeria of such offences connected
with the selection or election of members of a House of
Parliament or a legislative house of a Region as may be prescribed.
(3) Parliament may provide that a person disqualified under
paragraph (c) of subsection (1) of this section by reason of his being
under a sentence of imprisonment exceeding six months for any such
offence (being an offence that appears to Parliament to involve
dishonesty) as may be prescribed or by reason of his being under
sentences of imprisonment that include such a sentence for any such
offence shall not be qualified for selection as a Senator or election
to the House of Representatives for such period from the date on
which he ceases to be disqualified under that paragraph (not exceeding
five years) as may be prescribed.
(4) Parliament may provide that a person who is the holder of
any office the functions of which involve responsibility for, or in
connection with, the conduct of any election to the House of Representatives
or the compilation of any register of voters for the purposes
of such an election shall not be qualified for election to that House.
(5) Parliament may, in order to permit any person who has been
adjudged to be a lunatic, declared to be of unsound mind, sentenced
to death or imprisonment or adjudged or declared bankrupt to
appeal against the decision in accordance with any law in force in
Nigeria, provide that, subject to such conditions as may be prescribed,
the decision shall not have effect for the purposes of subsection (1)
of this section until such time as may be prescribed.
(6) For the purposes of paragraph (c) of subsection (1) of this
section two or more sentences of imprisonment that are required to
be served consecutively shall be regarded as separate sentences if
none of those sentences exceeds six months but if any one of those
sentences exceeds that term they shall be regarded as one sentence.
(7) For the purposes of paragraph (e) of subsection (1) of this
section--
(a) a person shall not be regarded as holding an office of emolument
under the Crown by reason only that he is in receipt
of a pension or other like benefit in respect of service in an
office under the Crown; and
(b) the office of the President or the Deputy President of the
Senate, a Senator, the Speaker or the Deputy Speaker of the
House of Representatives, a member of the House of Representatives,
a Minister of the Government of the Federation, a
Parliamentary Secretary to such a Minister, a member of the
Council of Ministers, the President, the Speaker, the Deputy
President or th8 Deputy Speaker of a legislative house of a
Region, a member of such a legislative house, a Minister of
the Government of a Region, a Parliamentary Secretary to
such a Minister, a member of the Executive Council of a
Region, a member of the Council of Chiefs of Northern
Nigeria, a member of the Minority Council of a Minority
Area in Western Nigeria or Eastern Nigeria or a member
of any such body corporate as is referred to in the proviso
to subsection (10) of this section shall not be regarded as an
office of emolument under the Crown.
(8) Save as otherwise provided by Parliament, a person shall not
be regarded as disqualified for selection as a Senator or election as a
member of the House of Representatives under paragraph (e) of
subsection (1) of this section by reason only that he holds office as
a member of a statutory corporation.
(9) If any person who holds the office of a member of any
statutory corporation is selected as a Senator or elected as a member
of the House of Representatives he shall, unless it is otherwise provided
by Parliament, thereupon cease to hold office as a member of
that corporation.
(10) In this section "statutory corporation" means any body
corporate established directly by any law in force in Nigeria:
Provided that it does not include any body corporate established
by or under the Native Authority Law, 1954, of Northern Nigeria,6
the Western Region Local Government Law, 1952, or the Local
Government Law, 1957, of Western Nigeria or the Eastern Region
Local Government Law, 1960, of Eastern Nigeria, as amended, or
any law replacing any of those laws.
President of Senate
41. - (1) There shall be a President of the Senate, who shall be
elected by the members of the Senate.
(2) No person shall be elected as President of the Senate unless
he is a Senator or a person who is qualified for selection as a Senator.
(3) The President of the Senate shall vacate his office-
(a) if, having been elected from among the Senators, he ceases
to be a Senator otherwise than by reason of a dissolution of
Parliament;
(b) if, having been elected from outside the Senate, any circumstances
arise (other than a dissolution of Parliament) that if
he were a Senator would cause him to vacate his seat as such;
(c) when the Senate first sits after any dissolution of Parliament;
(d) if he becomes a Minister of the Government of the Federation
or a Parliamentary Secretary to such a Minister; or
(e) if he is removed from office by a resolution of the Senate
supported by the votes of two-thirds of all the members of
that House.
(4) No business shall be transacted in the Senate (other than an
election to the office of President at any time when the office of
President is vacant.
Speaker of House of Representatives
42. --(1) Them shall be a Speaker of the House of Representatives,
who shall be elected by the members of that House.
(2) No person shall be elected as Speaker of the House of
Representatives unless he is a member of the House or a person
who is qualified for election in some part of Nigeria as a member
of the House.
(3) The Speaker of the House of Representatives shall vacate
his office-
(a) if, having been elected from among the members of the
House, he ceases to be a member otherwise than by reason
of a dissolution of Parliament;
(b) if, having been elected from outside the House, any circumstances
arise (other than a dissolution of Parliament) that if
he were a member of the House would cause him to vacate
his seat as such;
(c) when the House first sits after any dissolution of Parliament;
(d) if he becomes a Minister of the Government of the Federation
or a Parliamentary Secretary to such a Minister; or
(e) if he is removed from office by a resolution of the House
supported by the votes of two-thirds of all the members of
the House.
(4) No business shall be transacted in the House of Representatives
(other than an election to the office of Speaker) at any time when
the office of Speaker is vacant.
43. --(1) A Minister of the Government of the Federation may
attend and take part in the proceedings of either House of Parliament
notwithstanding that he is not a member of that House.
(2) Nothing in this section shall entitle any person who is not a
member of a House of Parliament to vote in that House or any of
its committees.
Tenure of seats of members of Parliament
44. ---(1) A Senator (other than the Oba of Lagos) or
of the House of Representatives shall vacate his seat in
of which he is a member-
(a) if he becomes a member of the other House of Parliament
or a legislative house of a Region;
(b) if any other circumstances arise that, if he were not a member
of that House, would came him to be disqualified for selection
or election as such under subsection (1) or (2) of section 40
of this Constitution;
(c) if he ceases to be a citizen of Nigeria;
(d) if he becomes a Minister of the Government of a Region;
(e) save as otherwise provided by Parliament, if he becomes a
member of any statutory corporation; or
(f) if he is absent from two consecutive meetings of the House
and the President or Speaker of the House does not, by writing
under his hand, excuse his absence within one month after
the end of the second meeting.
(2) Parliament may, in order to permit any Senator or member of
the House of Representatives who has been adjudged to be a lunatic,
declared to be of unsound mind,, sentenced to death or imprisonment
or adjudged or declared bankrupt to appeal against the decision in
accordance with any law in force in Nigeria, provide that, subject to
such conditions as may be prescribed, the decision shall not have effect
for the purposes of this section until such time as may be prescribed.
(3) In this section the expression "statutory corporation" has
the meaning assigned to it for the purposes of section 40 of this
Constitution.
Establishment of Electoral Commission
4. --(1) There shall be an Electoral Commission for the Federation.
(2) The members of the Electoral Commission of the Federation
shall be-
(a) a Chief Electoral Commissioner, who shall be chairman; and
(b) a member representing each territory.
(3) The members of the Electoral Commission of the Federation
shall be appointed by the Governor-General, acting in accordance
with the advice of the Prime Minister.
(4) Before tendering any advice for the purposes Of this section
in relation to the appointment of the member of the Electoral
Commission of the Federation representing a Region, the Prime
Minister shall consult the Premier of that Region.
(5) A person shall not be qualified to hold the office of a member
of the Electoral Commission of the Federation if he is a member of
either House of Parliament, a member of a legislative house of a
Region, a Minister of the Government of the Federation, a Minister
of the Government of a Region or a member of the public service
of the Federation or the public service of a Region.
(6) Subject to the provisions of this section, a member of the
Electoral Commission of the Federation shall vacate his office(
a) at the expiration of five years from the date of his appointment;
or
(b) if any circumstances arise that, if he were not a member of
the Commission, would came him to be disqualified for
appointment as such.
(7) A member of the Electoral Commission of the Federation may
be removed from office by the Governor-General, acting in accordance
with the advice of the Prime Minister, for inability to discharge
the functions of his office (whether arising from infirmity of mind
or body or any other cause) or for misbehaviour.
(8) A member of the Electoral Commission of the Federation
shall not be removed from office except in accordance with the
provisions of this section.
(9) In the exercise of its functions under this Constitution the
Electoral Commission of the Federation shall not be subject to the
direction or control of any other person or authority.
46. --(1) Nigeria shall be divided into as many constituencies as
there are members of the House of Representatives in such manner
as the competent authority, acting with the approval of each House
of Parliament signified by resolution, may prescribe.
(2) No constituency shall form part of more than one territory
and the boundaries of each constituency shall be such that the
number of inhabitants thereof is as nearly equal to the Population
quota as is reasonably practicable:
Provided that the number of inhabitants of a constituency may be
greater or less than the population quota in order to take account
of means of communication, geographical features, the distribution
of different communities and the boundaries of the territories.
(3) The competent authority shall review the division of Nigeria
into constituencies 'at intervals of not less than eight and not more
than ten years and may alter the constituencies in accordance with
the provisions of this section to such extent as it may consider
desirable in the light of the review:
Provided that that authority may at any time carry out such a
review and alter the constituencies in accordance with the provisions
of this section to such extent as it considers necessary in consequence
of any amendment to section 3 or 38 of this Constitution or any
provision replacing either of those sections or by reason of the
holding of a census of the population of Nigeria in pursuance of an
Act of Parliament.
(4) Where the boundaries of any constituency established under
this section are altered in accordance with the provisions of this
section, that alteration shall come into effect upon the next dissolution
of Parliament after the alteration has been approved by both Houses
of Parliament.
(5) In this section "population quota" means the number obtained
by dividing the number of the inhabitants of Nigeria by the number
of constituencies into which Nigeria is divided under this section.
(6) For the purposes of this section the number of inhabitants of
Nigeria or any part thereof shall be ascertained by reference to
the latest census of the population of Nigeria held in pursuance of
an Act of Parliament.
(7) In this section "the competent authority" means the Electoral
Commission of the Federation or such other authority consisting of
a chairman appointed by the Governor-General, acting in accordance
with the advice of the Prime Minister, and of members appointed in
like manner to represent the territories (each territory being equally
represented) as may be established in that behalf by Parliament.
47. --(1) Every constituency established under section 46 of this
Constitution shall return to the House of Representatives one member
who shall be directly elected in such manner as may be prescribed
by Parliament.
(2) The registration of voters and the conduct of elections shall
be subject to the direction and supervision of the Electoral Commission
of the Federation.
Determination of questions respecting membership of Parliament
48. --(1) Subject to the provisions of section 108 of this Constitution,
the competent High Court shall have original jurisdiction to
hear and determine any question whether-
(a) any person has been validly selected as a Senator or elected
as a member of the House of Representatives; or
(b) the seat in the Senate of a Senator or the seat in the House
of Representatives of a member of that House has become
vacant.
(2) Parliament may make provision with respect to--
(a) the persons who may apply to the competent High Court
for the determination of any question under this section;
(b) the circumstances and manner in which, and the conditions
upon which, any such application may be made; and
(c) the powers, practice and procedure of the competent High
Court in relation to any such application.
(3) In this section" the competent High Court" means, in
relation to a person who has been selected as a Senator to represent
a Region or elected a member of the House of Representatives in a
Region, the High Court of that Region and, in relation to any other
person, the High Court of the Federal territory.
Clerks to Houses of Parliament and their staffs
49. - (1) There shall be a Clerk to the Senate and a Clerk to the
House of Representatives:
Provided that the offices of Clerk to the Senate and Clerk to the
House of Representatives may be held by the same person.
(2) Subject to the provisions of any Act of Parliament, the office
of the Clerk of each House of Parliament and the members of his
staff shall be offices in the public service of the Federation.
Part 2
Procedure in Parliament
Oaths to be taken by members of Parliament
50. --(1) Every member of either House of Parliament shall, before
taking his seat in that House, take and subscribe before the House
the oath of allegiance but a member may before taking that oath
take part in the election of a President of the Senate or a Speaker
of the House of Representatives, as the case may be:
Provided that if a House of Parliament is not sitting a member
of that House may take and subscribe the oath of allegiance before
a judge of the High Court of a territory.
(2) Any person elected to the office of President of the Senate who
is not a Senator and any person elected to the office of Speaker of
the House of Representatives who is not a member of that House
shall, before entering upon the duties of his office, take and subscribe
the oath of allegiance before the Senate or the House of Representatives,
as the case may be.
51. - (1) There shall preside at any sitting of the Senate-
(a) the President; or
(b) in the absence of the President, the Deputy President; or
(c) in the absence of the President and the Deputy President,
such Senator as the Senate may elect for that purpose.
(2) The Senate may from time to time elect a Senator to be
Deputy President and any person so elected shall hold office as
such until he ceases to be a Senator or is removed from office by
the Senate.
Presiding in House of Representatives
52. --(1) There shall preside at any sitting of the House of
Representatives
(a) the Speaker; or
(b) in the absence of the Speaker, the Deputy Speaker; or
(c) in the absence of the Speaker and the Deputy Speaker, such
member of the House 'as the House may elect for that purpose.
(2) The House of Representatives may from time to time elect
a member of the House to be Deputy Speaker and any person so
elected shah hold office as such until he ceases to be a member of
the House or is removed from office by the House.
Quorum in Houses of Parliament
53. If objection is taken by any member of a House of Parliament
present that there are present in that House (besides the person
presiding) fewer than one-sixth of all the members of that House
and, after such interval as may be prescribed in the rules of procedure
of the House, the person presiding ascertains that the number of
members present is still less than one-sixth of all the members of the
House, he shall thereupon adjourn the House.
Use of English in Parliament
54. The business of Parliament shall be conducted in English.
Voting in Parliament
55. --(1) Any question proposed for decision in a House of
Parliament shall be determined by the required majority of the
members present and voting; and the person presiding shall cast
a vote whenever necessary to avoid an equality of votes but shall
not vote in any other case.
(2) Save as otherwise provided in this Constitution, the required
majority for the purposes of determining any question shall be a
simple majority.
(3) The rules of procedure of a House of Parliament may provide
that the vote of a member upon a question in which he has a direct
pecuniary interest shall be disallowed.
Unqualified persons sitting or voting
56. Any person who sits or votes in either House of Parliament
knowing or having reasonable ground for knowing that he is not
entitled to do so shall be liable to a penalty not exceeding twenty
pounds or such other sum as may be prescribed by Parliament for
each day on which he sits or votes in that House, which shall be
recoverable by action in the High Court of Lagos at the suit of the
Attorney-General of the Federation.
Mode of exercising legislative power
57. - (1) The power of Parliament to make laws shall be exercised
by bills passed by both Houses (or in the cases mentioned in section
59 of this Constitution the House of Representatives) and assented
to by the Governor-General on behalf of Her Majesty.
(2) A bill other than a money bill may originate in either House
of Parliament but a money bill may originate only in the House of
Representatives.
(3) When a bill has been passed by the House of Parliament in
which it originated, it shall be sent to the other House; and it shall
be presented to the Governor-General for assent--
(a) when it has been passed by the other House and agreement
has been reached between the two Houses on any amendments
made in it; or
(b) when it is required to be so presented under section 59 of this
Constitution.
(4) When a bill is presented to the Governor-General for assent,
he shall signify that he assents or that he withholds assent.
(5) A bill shall not become law unless it has been duly passed
and assented to in accordance with this Constitution.
Restrictions with regard to certain financial measures
58.--(1) The Senate shall not-
(a) proceed upon any bill, other than a bill sent from the House
of Representatives, that, in the opinion of the person presiding,
makes provision for any of the following purposes-
(i) for the imposition, repeal or alteration of taxation;
(ii) for the imposition of any charge upon the Consolidated
Revenue Fund or any other public fund of the
Federation;
(iii) for the payment, issue or withdrawal from the Consolidated
Revenue Fund or any other public fund of
the Federation of any moneys not charged thereon or
any alteration in the amount of such a payment, issue
or withdrawal; or
(iv) for the composition or remission of any debt due to
the Federation;
(b) proceed upon any amendment to any bill that in the opinion
of the person presiding makes provision for any of those
purposes;
(c) proceed upon any motion (including any amendment to a
motion), the effect of which, in the opinion of the person
presiding, would be to make provision for any of those
purposes; or
(d) receive any petition that, in the opinion of the person presiding,
requests that provision be made for any of those purposes.
(2) Except upon the recommendation of the Governor-General
signified by a Minister of the Government of the Federation, the
House of Representatives shall not-
(a) proceed upon any bill (including any amendment to a bill)
that, in the opinion of the person presiding, makes provision
for any of the following purposes--
(i) for the imposition of taxation or the alteration of
taxation otherwise than by reduction;
(ii) for the imposition of any charge upon the Consolidated
Revenue Fund or any other public fund of the Federation
or the alteration of any such charge otherwise
than by reduction;
(iii) for the payment, issue or withdrawal from the Consolidated
Revenue Fund or any other public fund of
the Federation of any moneys not charged thereon or
any increase in the amount of such a payment, issue
or withdrawal; or
(iv) for the composition or remission of any debt due to
the Federation;
(b) proceed upon any motion (including any amendment to a
motion) the effect of which, in the opinion of the person
presiding, would be to make provision for any of those
purposes; or
(c) receive any petition that, in the opinion of the person presiding,
requests that provision be made for any of those purposes.
Limitation of powers of Senate
59.---(1) Where a money bill is passed by the House of Representatives
and, having been sent to the Senate at least one month
before the end of the session, is not passed by the Senate without
amendment within one month after it .is so sent, the bill shall, unless
the House of Representatives otherwise resolves, be presented to the
Governor-General for his assent.
(2) Where-
(a) a bill that is not a money bill is passed by the House of
Representatives and, having been sent to the Senate at least
one month before the end of the session, is not passed by
the Senate before the end of the session or is passed by the
Senate with amendments to which the Home of Representatives
does not before the end of the session agree; and
(b) in the following session (whether of the same Parliament or
not) but not earlier than six months after it was first passed
by the Home of Representatives the same bill, with no other
alterations than those mentioned in subsection (4) of this
section, is passed again by the House of Representatives and
sent to the Senate at least one month before the end of the
session and is not passed by the Senate before the end of
the session or is passed by the Senate with amendments to
which the House of Representatives does not before the end
of the session agree,
the bill shall, unless the House of Representatives otherwise resolves,
be presented to the Governor-General for his assent with such
amendments, if any, as may have been agreed to by both Homes.
(3) The House of Representatives may, on the passage of a bill
for the purposes of paragraph (b) of subsection (2) of this section,
suggest any amendments without inserting the amendments in the
bill and any such suggested amendments shall be considered by the
Senate and, if agreed to by the Senate, shall be treated as amendments
agreed to by both Houses; but the exercise of this power by
the House of Representatives shall not affect the operation of this
section if the bill is not passed by the Senate or is passed by the
Senate with amendments to which the House of Representatives does
not agree.
(4) The alterations referred to in subsection (2) of this section
are alterations certified by the Speaker of the House of Representatives
to be necessary owing to the time that has elapsed since the bill
was passed in the earlier session or to represent amendments made
in that session by the Senate.
(5) When a money bill is sent to the Senate from the House of
Representatives it shall bear a certificate of the Speaker of the
House of Representatives that it is a money bill.
(6) When a bill is presented to the Governor-General in pursuance
of this section it shall bear a certificate of the Speaker of the House
of Representatives that this section has been complied with and that
certificate shall be conclusive for all purposes and shall not be
questioned in any court of law.
(7) This section does not apply to any bill for the purposes of
section 4 of this Constitution.
Regulation of procedure in Houses of Parliament
60. (1) Subject to the provisions of this Constitution, each House
of Parliament may regulate its own procedure.
(2) Each House of Parliament may act notwithstanding any
vacancy in its membership (including any vacancy not filled when the
House first meets after any dissolution of Parliament) and the
presence or participation of any person not entitled to be present at
or to participate in the proceedings of the House shall not invalidate
those proceedings.
Interpretation
61. In this Part of this Chapter "money bill" means a bill that
in the opinion of the Speaker of the House of Representatives contains
only provisions dealing with
(a) the imposition, repeal, remission, alteration or regulation of
taxation;
(b) the imposition for the payment of debt or other financial
purposes of charges on the Consolidated Revenue Fund or
any other public fund of the Federation or the variation Or
repeal of any such charges;
(c) the grant of money to the Crown or to any other person or
authority or the variation or revocation of any such grant;
(d) the appropriation, receipt, custody, investment, issue or audit
of accounts of public money;
(e) the raising or guarantee of any loan or the repayment
thereof; or
(f) subordinate matters incidental to any of those matters:
Provided that the expressions "taxation," "public money" and
"loan" do not include any taxation, money or loan raised by local
authorities or bodies for public purposes.
Part 3
Summoning, prorogation and dissolution
Sessions of Parliament
62. Each session of Parliament shall be held at such place within
Nigeria and shall begin at such time (not being later than twelve
months from the end of the preceding session if Parliament has been
prorogued or three months from the end of that session if Parliament
has been dissolved) as the Governor-General shall appoint.
Prorogation and dissolution of Parliament
63.---(1) The Governor-General may at any time prorogue or
dissolve Parliament.
(2) Subject to the provisions of subsection (3) of this section,
Parliament, unless sooner dissolved, shall continue for five years
from the date of its first sitting after any dissolution and shall then
stand dissolved.
(3) At any time when the Federation is at war, Parliament may
from time to time extend the period of five years specified in subsection
(2) of this section for not more than twelve months at a time:
Provided that the life of Parliament shall not be extended under
this subsection for more than five years.
(4) In the exercise of his powers to dissolve Parliament, the
Governor-General shall act in accordance with the advice of the
Prime Minister:
Provided that--
(a) if the Prime Minister recommends a dissolution and the
Governor-General considers that the government of the Federation
can be carried on without a dissolution and that a
dissolution would not be in the interests of the Federation he
may refuse to dissolve Parliament;
(b) if the House of Representatives passes a resolution that it has
no confidence in the Government of the Federation and the
Prime Minister does not within three days either resign or
advise a dissolution, the Governor-General may dissolve
Parliament; and
(c) if the office of Prime Minister is vacant and the Governor-
General considers that there is no prospect of his being able
to appoint a person who can command the support of the
majority of the members of the House of Representatives to
that office within a reasonable time, the Governor-General
may dissolve Parliament.
Part 4
Legislative powers
Powers of Parliament to make laws
64. - (1) Parliament shall have power to make laws-
(a) for the peace, order and good government of Nigeria (other
than the Federal territory) or any part thereof with respect
to any matter included in the Legislative Lists; and
(b) for the peace, order and good government of the Federal
territory with respect to any matter, whether or not it is
included in the Legislative Lists.
(2) The power of Parliament to make laws for the peace, order
and good government of the Regions with respect to any matter
included in the Exclusive Legislative List shall (save as provided in
section 72 of this Constitution) be to the exclusion of the legislatures
of the Regions:
Provided that nothing in this subsection shall preclude the legislature
of a Region from making provision for grants or loans from
or the imposition of charges upon any of the public funds of that
Region or the imposition of charges upon the revenues and assets
of that Region for any purpose notwithstanding that it relates to a
matter included in the Exclusive Legislative List.
(3) In addition and without prejudice to the powers conferred by
subsection (1) of this section, Parliament shall have the powers to
make laws conferred by sections 5, 65 to 69, 74 to 77 and 119 of this
Constitution (which relate to matters not included in the Legislative
Lists).
(4) If any law enacted by the legislature of a Region is inconsistent
with any law validly made by Parliament, the law made by Parliament
shall prevail and the Regional law shall, to the extent of the inconsistency,
be void.
(5) Subject to the provisions of subsection (4) of this section,
nothing in this section shall preclude the legislature of a Region
from making laws with respect to any matter that is not included in
the Exclusive Legislative List.
Special powers of Parliament in relation to emergencies
65. - (1) Parliament may at any time make such laws for Nigeria
or any part thereof with respect to matters not included in the
Legislative Lists as may appear to Parliament to be necessary or
expedient for the purpose of maintaining or securing peace, order
and good government during any period of emergency.
(2) Any provision of law enacted in pursuance of this section
shall have effect only during a period of emergency:
Provided that the termination of a period of emergency shall not
affect the operation of such a provision of law during that period,
the validity of any action taken thereunder during that period, any
penalty or punishment incurred in respect of any contravention
thereof or failure to comply therewith during that period or any
proceeding or remedy in respect of any such penalty or punishment.
(3) In this section "period of emergency" means any period
during which-
(a) the Federation is at war;
(b) there is in force a resolution passed by each House of
Parliament declaring that a state of public emergency exists;
or
(c) there is in force a resolution of each House of Parliament
supported by the votes of not less than two-thirds of all the
members of the House declaring that democratic institutions
in Nigeria are threatened by subversion.
(4) A resolution passed by a House of Parliament for the purposes
of this section shall remain in force for twelve months or such
shorter period as may be specified therein:
Provided that any such resolution may be revoked at any time
or may be extended from time to time for a further period not
exceeding twelve months By resolution passed in like manner.
Special powers of Parliament when section 80 of this Constitution
Has been contravened
66. - (1) During any period in which there is in force a resolution
of each House of Parliament supported by the votes of not less than
two-thirds of all the members of that House declaring that the
executive authority of a Region is being exercised in contravention
of section 80 of this Constitution, Parliament may make laws for
that Region with respect to matters not included in the Legislative
Lists to such extent as may appear to Parliament to be necessary
for securing compliance with the provisions of that section.
(2) A resolution passed by a House of Parliament for the purposes
of this section shall remain in force for twelve months or such
shorter period as may be specified therein:
Provided that any such resolution may be revoked at any time
or may be extended from time to time for a further period not
exceeding twelve months by resolution passed in like manner.
(3) Upon the expiration of any period during which there were
in force resolutions of both Houses of Parliament passed for the
purposes of this section, any provision of law enacted in pursuance
of this section shall cease to have effect:
Provided that the termination of any such period shall not affect
the operation of such a provision of law during that period, the
validity of any action taken thereunder during that period, any
penalty or punishment incurred in respect of any contravention
thereof or failure to comply therewith during that period or any
proceeding or remedy in respect of any such penalty or punishment.
Powers of Parliament conferred by Regional law
67. - (1) Parliament may at any time when there is in force a law
enacted by the legislature of a Region conferring authority upon
Parliament to do so make laws for that Region with respect to a
matter not included in the Legislative Lists.
(2) If any law enacted by the legislature of a Region conferring
authority upon Parliament for the purposes of this section ceases to
have effect, then any provision of law enacted by Parliament, to the
extent to which it was enacted in pursuance of that authority, shall
thereafter have effect as if it had been enacted by the legislature of
that Region and may be amended or repealed accordingly.
Power to make grants of money, etc., for any purpose
68. Parliament may make provision for grants and loans from
and the imposition of charges upon the Consolidated Revenue Fund
or any other public fund of the Federation or for the imposition of
charges upon the revenues and assets of the Federation for any
purpose, notwithstanding that it relates to a matter not included in
the Legislative Lists.
Implementation of treaties, etc.
69. Parliament may make laws for Nigeria or any part thereof
with respect to matters not included in the Legislative Lists for the
purpose of implementing any treaty, convention or agreement between
the Federation and any other country or any arrangement with or
decision of an international organisation of which the Federation
is a member:
Provided that any provision of law enacted in pursuance of this
section shall not come into operation in a Region unless the Governor
of that Region has consented to its having effect.
Income tax and estate duty
70.--(1) Parliament may make laws for Nigeria or any part
thereof with respect to taxes on the income and profits of companies.
(2) Parliament may make laws for Nigeria or any part thereof
with respect to taxes on income and profits other than the income and
profits of companies for the purpose of-
(a) implementing any treaty, convention or agreement between the
Federation and any other country or any arrangement with or
decision of an international organisation of which the
Federation is a member with respect to taxes on income
and profits;
(b) securing uniform principles for the taxation of income and
profits accruing to persons in Nigeria from countries other
the Eastern Region Local Government Law, 1960, of Eastern
Nigeria, as amended, or any law replacing any of those laws;
(b) to the income and profits of any purchasing authority established
by the legislature of a Region and empowered to acquire
any commodity in that Region for export from Nigeria derived
from the purchase and sale (whether for purposes of export
or otherwise) of that commodity; or
© to the income or profits of any corporation established by
the legislature of a Region for the purpose of fostering the
economic development of that Region, not being income or
profits derived from a trade or business carried on by that
corporation or from any share or other interest possessed by
that corporation in a trade or business in Nigeria carried on
by some other person or authority.
Trade and commerce
71 - (1) Parliament may make laws for Nigeria or any part
thereof with respect to trade and commerce between Nigeria and
other countries and trade and commerce among the territories, including
(without prejudice to the generality of the foregoing power)the
export of commodities from Nigeria, the import of commodities into
Nigeria, the establishment and enforcement of grades and standards
of quality for commodities to be exported from Nigeria and the
preservation of freedom of trade and commerce among the territories.
(2) For the purposes of this section, Parliament may-
(a) confer on any person or authority exclusive power to acquire
from a purchasing authority established for a Region by the
legislature of that Region any commodity for export from
Nigeria, to export any commodity from Nigeria or to sell any
commodity outside Nigeria; or
(b) make provision for the inspection of commodities to be
exported from Nigeria at the port of shipment from Nigeria
and for the enforcement of grades and standards of quality
in respect of commodities so inspected.
(3) The powers conferred upon Parliament by this section shall
not include powers-
(a) to establish a purchasing authority for a Region;
(b) to confer on any person or authority power to acquire in a
Region any commodity for export from Nigeria from any
person or authority in that Region other than a purchasing
authority established for that Region by the legislature of a
Region;
(c) to regulate the prices to be paid by a purchasing authority
established by the legislature of a Region for commodities
for export;
(d) to regulate or prohibit in a Region any processing of a
commodity to be exported or any dealing with such a commodity
other than its export from Nigeria; or
(e) to make provision for the enforcement in a Region of any
grades or standards of quality for commodities to be exported
from Nigeria that may be established by Parliament.
(4) Nothing in this section shall be construed as precluding the
legislature of a Region-
(a) from making provision for any of the matters referred to in
subsection (3) of this section; or
(b) from conferring upon any purchasing authority of the Region
power to acquire any commodity in the Region for purposes
other than export from Nigeria.
(5) In this section "purchasing authority' means, in relation to a
Region, any person or authority empowered to purchase commodities
for export in that Region.
Banks and banking
72. - (1) Parliament may make laws for Nigeria or any part thereof
with respect to banks and banking.
(2) Nothing in this section shall preclude the legislature of a
Region from establishing an authority for the purpose of carrying on
(subject to and in compliance with any Act of Parliament for the
time being in force and in particular any Act relating to banks and
banking) the business of banking in Nigeria or elsewhere or from
making such provision for the constitution of that authority and
regulating the performance by that authority of its functions as is
consistent with any Act of Parliament.
Electricity and gas
73. - (I) Parliament may make laws for Nigeria or any part
thereof with respect to electricity or gas:
Provided that nothing in this subsection shall preclude the legislature
of a Region from making laws for that Region with respect
to those matters.
(2) The powers conferred on Parliament by this section shall not
include powers -
(a) to prohibit or restrict the establishment by or on behalf of the
Government of a Region of an agency for the manufacture,
distribution or supply of electricity or gas in that Region; or
(b) to regulate the production, distribution or supply of electricity
or gas by the Government of a Region or any such agency.
(3) In this section "gas" does not include natural gas.
Authorities empowered to administer trusts and estates
74. Parliament may make laws for Nigeria or any part thereof
establishing and regulating authorities for the Federation with
power -
(a) to administer trusts; or
(b) to apply for grants of representation in respect of the estates
of deceased persons and to administer such estates:
Provided that nothing in this section shall preclude the legislature
of a Region from making provision for similar authorities for that
Region.
Exhibition of cinematograph films
75. Parliament may make laws for Nigeria or any part thereof
establishing and regulating authorities for the Federation with power
to carry out censorship of cinematograph films and to prohibit or
restrict the exhibition of such films:
Provided that nothing in this section shall preclude the legislature
of a Region from making provision for similar authorities for that
Region.
Exemption from Regional taxes with respect to mining
76. Parliament may, for the purpose of implementing any agreement
between the Government of the Federation and any person
relating to mining or matters connected therewith, provide for
exempting that person in whole or in part from liability for any tax
or rate imposed by or under a law enacted by the legislature of a
Region with respect to any matter not included in the Legislative
Lists:
Provided that no person shall be granted any exemption in pursu.
ance of this section without prior consultation between the Government
of the Federation and the Government of the Region concerned.
Evidence
77. Parliament may make laws for Nigeria or any part thereof
with respect to evidence in regard to matters not included in the
Legislative Lists:
Provided that an Act of Parliament enacted in pursuance of this
section shall have effect in relation to any Region only to the extent
that provision in that behalf is not made by the legislature of that
Region.
CHAPTER VI
EXECUTIVE POWERS
Exercise of executive authority of Federation
78. - (1) The executive authority of the Federation shall be vested
in Her Majesty.
(2) Subject to the provisions of this Constitution, the executive
authority of the Federation may be exercised on behalf of Her
Majesty by the Governor-General, either directly or through officers
subordinate to him.
(3) Nothing in this section shall prevent Parliament from conferring
functions on persons or authorities other than the Governor-
General.
Extent of executive authority of Federation
79. The executive authority of the Federation shall extend to the
execution and maintenance of this Constitution and to all matters
with respect to which Parliament has for the time being power to
make laws.
Executive authority of Regions
80. The executive authority of a Region shall extend to the
execution and maintenance of the constitution of the Region and to
all matters with respect to which the legislature of the Region has
for the time being power to make laws but shall be so exercised as
not to impede or prejudice the exercise of the executive authority
of the Federation or to endanger the continuance of federal government
in Nigeria.
Ministers of Government of Federation
81. - (1) There shall be a Prime Minister of the Federation, who
shall be appointed by the Governor-General.
(2) Whenever the Governor-General has occasion to appoint a
Prime Minister he shall appoint a member of the House of Representatives
who appears to him likely to command the support of the
majority of the members of the House.
(3) There shall be, in addition to the office of Prime Minister,
such other offices of Minister of the Government of the Federation
as may be established by Parliament or, subject to the provisions of
any Act of Parliament, by the Governor-General, acting in accordance
with the advice of the Prime Minister.
(4) Appointments to the office of Minister of the Government of
the Federation other than the office of Prime Minister shall be made
by the Governor-General, acting in accordance with the advice of
the Prime Minister.
(5) A person shall not hold office at the same time both as a
Minister of the Government of the Federation and as a Minister of
the Government of a Region.
(6) Subject to the provisions of subsection (11) of this section, a
person who holds office as a Minister of the Government of the
Federation for any period of four consecutive months without also
being a Senator or a member of the House of Representatives shall
cease to be a Minister at the expiration of that period or, if that
period expires at a time when Parliament is dissolved and he does
not in the meantime become a Senator or a member of the House
of Representatives, at the date on which Parliament first meets after
that dissolution.
(7) Subject to the provisions of subsection (11) of this section, a
person who holds office as a Minister of the Government of the
Federation and who is at no time while holding that office also a
Senator or a member of the House of Representatives shall not be
qualified for reappointment as such a Minister before Parliament is
next dissolved after he ceases to hold that office, unless in the
meantime he has become a Senator or a member of the House of
Representatives.
(8) The office of the Prime Minister shall become vacant -
(a) when, after any dissolution of the House of Representatives,
the Prime Minister is informed by the Governor-General that
the Governor-General is about to reappoint him as Prime
Minister or to appoint another person as Prime Minister; or
(b) if he ceases to be a member of the House of Representatives
otherwise than by reason of a dissolution of Parliament.
(9) The office of a Minister of the Government of the Federation
other than the Prime Minister shall become vacant if the office of
Prime Minister becomes vacant.
(10) Subject to the provisions of subsections (8) and (9) of this
section, the Ministers of the Government of the Federation shall
hold office during the Governor-General's pleasure:
Provided that -
(a) the Governor-General shall not remove the Prime Minister
from office unless it appears to him that the Prime Minister
no longer commands the support of a majority of the members
of the House of Representatives; and
(b) the Governor-General shall not remove a Minister other than
the Prime Minister from office except in accordance with the
advice of the Prime Minister.
(11) The office of the Attorney-General of the Federation shall
be that of a Minister of the Government of the Federation:
Provided that--
(a) the provisions of subsections (6) and (7) of this section shall
not apply in relation to a person holding that office;
(b) if the person holding that office is for any reason unable to
perform the functions conferred upon him by this Constitution
or any other law, those functions may be performed by such
other person (whether or not that person is a Minister) as
may from time to time be designated in that behalf by the
Governor-General acting in accordance with the advice of the
Prime Minister; and
(c) a person shall not be qualified to hold that office or to
perform the functions conferred upon the person holding that
office by this Constitution or any other law unless he is qualified
for admission as an advocate in Nigeria and has been so qualified
for at least ten years.
Establishment of Council of Ministers
82. – (1) There shall be a Council of Ministers for the Federation, whose function
shall be to advise the Governor-General in the government of the Federation and
which shall consist of the Prime Minister and such other persons, being Ministers of
the Government of the Federation, as the Governor-General, acting in accordance
with the advice of the Prime Minister, may from time to time appoint.
(2) A person appointed as a member of the Council of Ministers shall vacate his seat
in the Council if he ceases to be a Minister of the Government of the Federation or if
the Governor-General, acting in accordance with the advice of the Prime Minister,
so directs.
Collective responsibility
83. – (1) The Council of Ministers shall be collectively responsible to Parliament for
any advice given to the Governor-General by or under the general authority of the
Council and for all things done by or under the authority of any Minister of the
Government of the Federation in the execution of his office.
(2) The provisions of this section shall not apply in relation to –
(a) the appointment and removal from office of Ministers of the Government of
the Federation members of the Council of Ministers and Parliamentary
Secretaries to Ministers, the assignment of portfolios to Ministers of the
authorization of another member of the Council of Ministers to perform the
functions of the Prime Minister during absence or illness;
(b) the dissolution of Parliament; or
(c) the matters referred to in section 94 of this Constitution (which relates to the
prerogative of mercy)
Allocation of portfolios to Ministers
84. The Governor-General, acting in accordance with the advice of the Prime
Minister, may assign to the Prime Minister or any other Minister of the
Government of the Federation responsibility for any business of the Government
of the Federation, including the administration of any department of
government.
Performance of functions of Prime Minister during absence or illness
85. – (1) Whenever the Prime Minister is absent from Nigeria or is by reason of
illness unable to perform the functions conferred upon him by his Constitution, the
Governor-General may authorize some other member of the Council of Ministers of
the Federation to perform those functions (other than the functions conferred by
this section) and that member may perform those functions until his authority is
revoked by the Governor-General.
(2) The powers of the Governor-General under this section shall
be exercised by him in accordance with the advice of the Prime
Minister:
Provided that if the Governor-General considers that it is impracticable
to obtain the advice of the Prime Minister owing to his
absence or illness he may exercise those powers without that advice.
Exercise of Governor-General’s powers
86. - (1) In the exercise of his functions under this Constitution
or any other law the Governor-General shall act in accordance with
the advice of the Council of Ministers or a Minister of the Government
of the Federation acting under the general authority of the
Council of Ministers except in cases where by this Constitution he is
required to act in accordance with the advice of any person or
authority other than the Council of Ministers:
Provided that the Governor-General shall act in accordance with
his own deliberate judgment in the performance of the following
(a) in the exercise of the powers relating to the dissolution of
Parliament conferred upon him by the proviso to subsection
(4) of section 63 of this Constitution;
(b) in the exercise of the power to appoint the Prime Minister
conferred upon him by subsection (2) of section 81 of this
Constitution;
(c) in the exercise of the powers conferred upon him by section
85 of this Constitution (which relates to the performance of
the functions of the Prime Minister during absence or illness)
in the circumstances described in the proviso to subsection (2)
of that section; and
(d) in signifying his approval for the purposes of section 141 of
this Constitution of an appointment to an office on his
personal staff.
(2) Where by this Constitution the Governor-General is required
to act in accordance with the advice of any person or authority, the
question whether he has in any case received, or acted in accordance
with, such advice shall not be enquired into in any court of law.
Governor-General to be informed concerning matters of government
87. The Prime Minister shall keep the Governor-General fully
informed concerning the general conduct of the government of the
Federation and shall furnish the Governor-General with such information
as he may request with respect to any particular matter
relating to the government of the Federation.
Parliamentary Secretaries
88. - (1) The Governor-General, acting in accordance with the
advice of the Prime Minister, may appoint Parliamentary Secretaries
from among .the Senators and the members of the House of Representatives
to assist Ministers of the Government of the Federation
in the performance of their duties.
(2) The office of a Parliamentary Secretary shall become vacant-
(a) if he ceases to be a member of one or other House of
Parliament otherwise than by reason of a dissolution of
Parliament;
(b) if the office of Prime Minister becomes vacant; or
(c) if the Governor-General, acting in accordance with the advice
of the Prime Minister, so directs.
Oaths to be taken by Ministers, etc.
89. A member of the Council of Ministers, Minister of the
Government of the Federation or Parliamentary Secretary to such a
Minister shall not enter upon the duties of his office unless he has
taken and subscribed the oath of allegiance and such oath for the
due execution of his office as may be prescribed by Parliament.
Permanent Secretaries
90. Where any Minister of the Government of the Federation has
been charged with responsibility for any department of government,
he shall exercise general direction and control over that department;
and, subject to such direction and control, the department shall be
under the supervision of a permanent secretary, whose office shah be
an office in the public service of the Federation:
Provided that two or more government departments may be placed
under the supervision of one permanent secretary.
Constitution of offices for Federation, etc.
91. Subject to the provisions of this Constitution and of any Act
of Parliament, the Governor-General, in Her Majesty's name and
on Her Majesty's behalf, may constitute offices for the Federation,
make appointments to any such office and terminate any such
appointment.
Delegation of executive authority of Federation
9.2. - (1) The Governor-General may, with the consent of the
Governor of a Region, entrust either conditionally or unconditionally
to the Governor or to any officer or authority of that Region functions
in relation to any matter to which the executive authority of the
Federation extends falling to be performed within that Region:
Provided that the consent of the Governor shall not be required
during any such period as is referred to in section 65 or 66 of this
Constitution.
(2) An Act of Parliament may include provision conferring powers
or imposing duties, or authorising the conferring of powers or the
imposition of duties, upon the Governor of a Region or any officer
or authority of a Region:
Provided that, save during any such period as is referred to in
section 65 or 66 of this Constitution, no provision made in pursuance
of this section shall have effect in relation to any Region unless the
Governor has consented to its having effect.
Delegation of executive authority of Region
93. - (1) The Governor of a Region may, with the consent of the
Governor-General, entrust either conditionally or unconditionally to
the Governor-General or to any officer or authority of the Federation
functions in relation to any matter to which the executive authority
of the Region extends.
(2) A law enacted by the legislature of a Region may include
provision conferring powers or imposing duties, or authorising the
conferring of powers or the imposition of duties, upon the Governor-
General or any officer or authority of the Federation:
Provided that no provision made in pursuance of this subsection
shall have effect unless the Governor-General has consented to its
having effect.
Prerogative of mercy
94. - (1) The Governor-General may, in Her Majesty's name and
on Her Majesty's behalf -
(a) grant to any person concerned in or convicted of any offence
created by or under an Act of Parliament a pardon, either
free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified
period, of the execution of any punishment imposed on that
person for such an offence;
(c) substitute a less severe form of punishment for any punishment
imposed on that person for such an offence; or
(d) remit the whole or any part of any punishment imposed on
that person for such an offence or of any penalty or forfeiture
otherwise due to the Crown on account of such an offence.
(2) Subject to the provisions of subsection (3) of this section, the
powers of the Governor-General under subsection (1) of this section
shall be exercised by him in accordance with the advice of such
member of the Council of Ministers as may from time to time be
designated in that behalf by the Governor-General, acting in
accordance with the advice of the Prime Minister.
(3) In relation to persons concerned in offences against naval,
military or air-force law or convicted or sentenced by courts-martial,
the Governor-General, acting in accordance with the advice of the
Prime Minister, may designate a member of the Council of Ministers
other than the member designated for the purposes of subsection (2)
of this section and at any time when there is another member so
designated the powers of the Governor-General under subsection (1)
of this section shall, in relation to such persons, be exercised in
accordance with the advice of that other member.
(4) The provisions of this section shall apply -
(a) in relation to any offence created by or under any law in
force in the Federal territory, not being an offence created by
or under an Act of Parliament; and'
(b) in relation to any offence created by or under any law in
force in a Region relating to any matter included in the
Exclusive Legislative List or the Concurrent Legislative List,
not being an offence created by or under an Act of Parliament
or a law made by the Legislature of that Region,
as they apply in relation to an offence created by or under an Act of
Parliament.
Establishment of Advisory Council on Prerogative of Mercy
95. - (1) There shall be for the Federation an Advisory Council
on the Prerogative of Mercy, which shall consist of -
(a) such member of the Council of Ministers of the Federation
as may for the time being be designated under subsection (2)
of section 94 of this Constitution, who shall be chairman;
(b) where the chairman is a Minister other than the Attorney-
General of the Federation, the Attorney-General; and
(c) not less than five and not more than seven other members,
who shall be appointed by the Governor-General, acting in
accordance with the advice of the Prime Minister, of whom
at least one shall be a person who is qualified to practise as a
medical practitioner in Nigeria.
(2) A person shall not be qualified for appointment by the
Governor-General as a member of the Advisory Council if he is a
member of either House of Parliament, a member of a legislative
house of a Region, a Minister of the Government of the Federation
or a Minister of the Government of a Region.
(3) A member of the Advisory Council appointed by the
Governor-General shall hold office for three years:
Provided that his seat on the Council shall become vacant--
(a) if any circumstances arise that, if he were not a member of
the Council, would cause him to be disqualified for appointment
as such; or
(b) if he is removed from office by the Governor-General,
acting in accordance with the advice of the Prime Minister,
for inability to discharge the functions of his office (whether
arising from infirmity of mind or body or any other cause)
or for misbehaviour.
Functions of Advisory Council
96. - (1) Where any person has been sentenced to death by any
court of law in Nigeria other than a court-martial for any offence
created by or under an Act of Parliament the member of the Council
of Ministers designated under subsection (2) of section 94 of this
Constitution shall cause a written report of the case from the trial
judge, together with such other information derived from the record
of the case or elsewhere as the member may require, to be taken
into consideration at a meeting of the Advisory Council; and after
obtaining the advice of the Council the member shall decide in his
own deliberate judgment whether to recommend to the Governor-
General that he should exercise any of his powers under that section
in relation to that person.
(2) The member of the Council of Ministers designated under
subsection (2) of section 94 of this Constitution may consult with the
Advisory Council before making any recommendation to the
Governor-General under that subsection in any case not falling
within subsection (1) of this section but he shall not be obliged to
act in accordance with the advice of the Council.
(3) The Advisory Council may regulate its own procedure.
Public prosecutions
97. - (1) There shall be a Director of Public Prosecutions for the
Federation, whose office shall be an office in the public service of
the Federation.
(2) The Director of Public Prosecutions of the Federation shall
have power in any case in which he considers it desirable so to do -
(a) to institute and undertake criminal proceedings against any
person before any court of law in Nigeria other than a courtmartial
in respect of any offence created by or under any
Act of Parliament;
(b) to take over and continue any such criminal proceedings that
may have been instituted by any other person or authority; and
(c) to discontinue at any stage before judgment is delivered any
such criminal proceedings instituted or undertaken by himself
or any other person or authority.
(3) The powers of the Director of Public Prosecutions of the
Federation under subsection (2) of this section may be exercised by
him in person or through members of his staff acting under and in
accordance with his general or special instructions.
(4) The Director of Public Prosecutions of the Federation may
confer a general or special authority upon the Director of Public
Prosecutions of a Region to exercise, subject to such conditions and
exceptions as he may think fit, any of the powers conferred upon
him by subsection (2) of this section in relation to prosecutions in
that Region and may vary or revoke any such authority.
(5) The. powers conferred upon the Director of Public Prosecutions
of the Federation by paragraphs (b) and (c) of subsection (2) of this
section shah be vested in him to the exclusion of any other person
or authority:
Provided that, where any other person or authority has instituted
criminal proceedings, nothing in this subsection shall prevent the
withdrawal of those proceedings by or at the instance of that person
or authority at any stage before the person against whom the
proceedings have been instituted has been charged before the court.
(6) In the exercise of the powers conferred upon him by this
section the Director of Public Prosecutions of the Federation shall
not be subject to the direction or control of any other person or authority.
(7) For the purposes of this section any appeal from any deterruination
in any criminal proceedings before any court of law or any
case stated or question of law reserved for the purposes of any such
proceedings to any other court or to Her Majesty in Council shall
be deemed to be part of those proceedings.
(8) The provisions of this section shall apply--
(a) in relation to any offence created by or under any law in force
in the Federal territory, not being an offence created by or
under an Act of Parliament; and
(b) in relation to any offence created by or under any law in force
in a Region relating to any matter included in the Exclusive
Legislative List or the Concurrent Legislative List, not being
an offence created by or under an Act of Parliament or a law
made by the Legislature of that Region,
as they apply in relation to an offence created by or under an Act of Parliament.
CHAPTER VII
POLICE
Establishment of Nigeria Police Force
98. - (1) There shall be a police force for Nigeria, which shall be
styled the Nigeria Police Force.
(2) Subject to the provisions of this Constitution, the Nigeria
Police Force shall be organised and administered in accordance with
such provision as may be made in that behalf by Parliament.
(3) Subject to the provisions of this Constitution, the members of
the Nigeria Police Force shall have such powers and duties as may
be conferred upon them by any law in force in Nigeria.
(4) Subject to the provisions of this section, no police forces other
than the Nigeria Police Force shall be established for Nigeria or
any part thereof.
(5) Parliament may make provision for police forces forming part
of the armed forces of the Crown or for the protection of harbours,
waterways, railways and airfields.
(6) Parliament may make provision for the maintenance by any
local authority within the Federal territory of a police force for
employment within the Federal territory.
(7) Nothing in this section shall prevent the legislature of a Region
from making provision for the maintenance by any native authority
or local-government authority established for a province or any part
of a province of a police force for employment within that province.
(8) In this section "province" means any area that was a province
on the thirtieth day of September, 1954.
Control of Nigeria Police Force
99. - (1) There shall be an Inspector-General of the Nigeria Police
and a Commissioner of Police for each Region, whose offices shall
be offices in the public service of the Federation.
(2) The Nigeria Police Force shall be under the command of the
Inspector-General of the Nigeria Police and any contingents of the
Nigeria Police Force stationed in a Region shall, subject to
the authority of the Inspector-General of the Nigeria Police, be
under the command of the Commissioner of Police of that Region.
(3) The Prime Minister or such other Minister of the Government
of the Federation as may be authorised in that behalf by the Prime
Minister may give to the Inspector-General of the Nigeria Police
such directions with respect to the maintaining and securing of public
safety and public order as he may consider necessary and the
Inspector-General shall comply with those directions or cause them
to be complied with.
(4) Subject to the provisions of subsection (3) of this section, the
Commissioner of Police of a Region shall comply with the directions
of the Premier of the Region or such other Minister of the Government
of the Region as may be authorised in that behalf by the
Premier with respect to the maintaining and securing of public
safety and public order within the Region or cause them to be
complied with:
Provided that before carrying out any such directions the Com~
missioner may request that the matter should be referred to the
Prime Minister or such other Minister of the Government of the
Federation as may be authorised in that behalf by the Prime Minister
for his directions.
(5) The question whether any, and if so what, directions have
been given under subsection (3) of this section shall not be enquired
into in any court.
Establishment of Nigeria Police Council
100. - (1) There shall be a Nigeria Police Council, which shall
consist
(a) such Minister of the Government of the Federation, who shall
be chairman, as may for the time being be designated in that
behalf by the Governor-General, acting in accordance with
the advice of the Prime Minister;
(b) such Minister of the Government of each Region as may for
the time being be designated in that behalf by the Governor of
that Region; and
(c) the chairman of the Police Service Commission of the
Federation.
(2) The Inspector-General of the Nigeria Police or such other
officer of the Nigeria Police Force as he may designate shall attend
the meetings of the Nigeria Police Council and, save for the purpose
of voting, may take part in the proceedings of the Council.
Functions of Nigeria Police Council
101. - (l) 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) shall be under the general supervision of the Nigeria Police
Council.
(2) The Prime Minister shall cause the Nigeria Police Council
to be kept fully informed concerning the matters under its supervision
and shall cause the Council to be furnished with such information
as the Council may require with respect to any particular matter
under its supervision.
(3) The Nigeria Police Council may make recommendations to
the Government of the Federation with respect to any matter under
its supervision; and if in any case the Government acts otherwise
than in accordance with any such recommendation, it shall cause a
statement containing that recommendation and its reasons for acting
otherwise than in accordance with that recommendation to be laid
before both Houses of Parliament.
Establishment of Police Service Commission
102. - (1) There shall be a Police Service Commission for the
Federation, which shall consist of a chairman and not less than two
and not more than four other members.
(2) The members of the Police Service Commission of the
Federation shall be appointed by the Governor-General, acting in
accordance with the advice of the Prime Minister.
(3) A person shall not be qualified to hold the office of a member
of the Police Service Commission of the Federation if he is a member
of either House of Parliament, a member of a legislative house of a
Region, a Minister of the Government of the Federation, a Minister
of the Government of a Region or a member of the public service
of the Federation or the public service of a Region:
Provided that a judge of the High Court of a territory may be
appointed as a member of the Commission.
(4) Subject to the provisions of this section, a member of the
Police Service Commission of the Federation shall vacate his office -
(a) at the expiration of five years from the date of his appointment;
or
(b) if any circumstances arise that, if he were not a member of
the Commission, would cause him to be disqualified for
appointment as such.
(5) A member of the Police Service Commission of the Federation
may be removed from office by the Governor-General, acting in
accordance with the advice of the Prime Minister, for inability to
discharge the functions of his office (whether arising from infirmity of
mind or body or any other cause) or for misbehaviour.
(6) A member of the Police Service Commission of the Federation
shall not be removed from office except in accordance with the
provisions of this section.
Appointments to Nigeria Police Force, etc.
103. - (1) Power to appoint persons to hold or act in offices in
the Nigeria Police Force (including power to make appointments on
promotion and transfer and to confirm appointments) and to dismiss
and to exercise disciplinary control over persons holding or acting in
such offices shall vest in the Police Service Commission of the
Federation:
Provided that the Commission may, with the approval of the
Prime Minister and subject to such conditions as it may think fit,
delegate any of its powers under this section to any of its members
or to the Inspector-General of the Nigeria Police or any other
member of the Nigeria Police Force.
(2) Before making any appointment to the office of Inspector-
General of the Nigeria Police or removing the Inspector-General from
office, the Police Service Commission of the Federation shall consult
the Prime Minister and before making any appointment to the
office of Commissioner of Police of a Region or removing the Commissioner
from office the Commission shall consult the Premier of
that Region.
CHAPTER VIII
COURTS
Part 1
The Federal Supreme Court
Establishment of Federal Supreme Court
104. - (1) There shall be a Federal Supreme Court.
(2) The judges of the Federal Supreme Court shall be -
(a) the Chief Justice of the Federation;
(b) such number of Federal Justices (not being less than three) as
may be prescribed by Parliament; and
(c) the Chief Justice of each territory.
(3) The Federal Supreme Court shall be a superior court of
record and, save as otherwise provided by Parliament, shall have all
the powers of such a court.
(4) The Federal Supreme Court shall sit in the Federal territory
and in such other places in Nigeria as the Chief Justice of the
Federation may appoint.
Appointment of Chief Justice of Federation and Federal Justices
105. - (1) The Chief Justice of the Federation shall be appointed
by the Governor-General, acting in accordance with the advice of
the Prime Minister.
(2) The Federal Justices shall be appointed by the Governor-
General, acting in accordance with the advice of the Judicial Service
Commission of the Federation.
(3) A person shall not be qualified to hold the office of Chief
Justice of the Federation or a Federal Justice unless--
(a) he is or has been a judge of a court having unlimited jurisdiction
in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from
any such court; or
(b) he is qualified for admission as an advocate in Nigeria and
he has been so qualified for not less than ten years:
Provided that in computing the period during which any person
has been qualified as an advocate any period during which he has
held office as a judge or magistrate after becoming so qualified
shall be included.
(4) If the office of Chief Justice of the Federation is vacant or if
the person holding the office is for any reason unable to perform the
functions of the office, then, until a person has been appointed to
and has assumed the functions of that office or until the person
holding the office has resumed those functions, as the case may be,
those functions shall be performed by such one of the other judges
of the Federal Supreme Court as may from time to time be designated
in that behalf by the Governor. General, acting in accordance
with the advice of the Prime Minister.
(5) If the office of any Federal Justice is vacant or if the person
holding the office is acting as Chief Justice of the Federation or is
for any reason unable to perform the functions, of his office, the
Governor-General, acting in accordance with the advice of the
Judicial Service Commission of the Federation, may appoint a person
qualified to hold the office of a Federal Justice to act in the office
of a Federal Justice and any person so appointed shall continue to
act for the period of the appointment or if no period is specified
until his appointment is revoked by the Governor-General, acting in
accordance with the advice of the Commission:
Provided that a person may act as a Federal Justice notwithstanding
that he has attained the age prescribed for the purposes of
subsection (1) of section 106 of this Constitution.
Tenure of office of Chief Justice of Federation and Federal Justices
106. - (1) Subject to the provisions of this section, a person
holding the office of Chief Justice of the Federation or a Federal
Justice shall vacate that office when he attains such age as may be
prescribed by Parliament:
Provided that the Governor-General, acting in accordance with
the advice of the Prime Minister, may permit a judge to continue in
office for such period after attaining that age as may be necessary
to enable him to deliver judgment or to do any other thing in
relation to proceedings that were commenced before him before he
attained that age.
(2) A person holding the office of Chief Justice of the Federation
or a Federal Justice may be removed from office only for inability
to discharge the functions of his office (whether arising from infirmity
of body or mind or any other cause) or for misbehaviour, and shall
not be so removed except in accordance with the provisions of this
section.
(3) A person holding the office of Chief Justice of the Federation
or a Federal Justice shall be removed from office by the Governor-
General if the question of the removal of that judge from office has,
at the request of the Governor-General made in pursuance of subsection
(4) of this section, been referred by Her Majesty to the
Judicial Committee of Her Majesty's Privy Council under any enactment
enabling Her Majesty in that behalf and the Judicial Committee
has advised Her Majesty that the judge ought to be removed from
office for inability or misbehaviour.
(4) if the Prime Minister represents to the Governor-General that
the question of removing a judge of the Federal Supreme Court .
under this section ought to be investigated, then-
(a) the Governor-General shall appoint a tribunal consisting of a
chairman and not less than two other members selected by
the Governor-General, acting in accordance with the advice
of the Prime Minister, from among persons who hold or have
held office as a judge of a court having unlimited jurisdiction
in civil and criminal matters in some part of the Commonwealth
or a court having jurisdiction in appeals from any
such court;
(b) that tribunal shall enquire into the matter and report on the
facts thereof to the Governor-General and recommend to the
Governor-General whether he should request that the question
of the removal of that judge should be referred by Her
Majesty to the Judicial Committee; and
( c) if the tribunal so recommends, the Governor-General shall request that the
question should be referred accordingly.
(5) If the question of removing a judge of the Federal Supreme Court from office
has been referred to a tribunal under this section, the Governor-General, acting in
accordance with the advice of the Prime Minister, may suspend the judge from
performing the functions of his office and any such suspension may at any time be
revoked by the Governor-Governor, acting in accordance with the advice of the
Prime Minister, may suspend the judge from performing the functions of his office
and any such suspension may at any time be revoked by the Governor-General,
acting in accordance with the advice of the Prime Minister, and shall in any case
cease to have effect –
(a) if the tribunal recommends to the Governor-General that he should not
request that the question of the removal of the judge from office should be
referred by Her Majesty to the Judicial Committee; or
(b) if the Judicial Committee advises Her Majesty that the judge ought not to be
removed from office.
(6) This section shall apply to any person appointed to act in the office of a
Federal Justice as it applies to a person holding the office of a Federal Justice,
but without prejudice to the provisions of section 105 of this Constitution
relating to the revocation of his appointment by the Governor-General.
Original Jurisdiction of Federal Supreme Court
107.– (1) The Federal Supreme Court shall, to the exclusion of any other court,
have original jurisdiction in any dispute between the Federation and a
Region or between Regions if and in so far as that dispute involves any
question (whether of law or fact) on which the existence or extent of a legal
right depends.
(2) In addition to the jurisdiction conferred upon it by subsection (1) of
this section, the Federal Supreme Court shall have such original jurisdiction
as may be conferred upon it by any Act of Parliament:
Provided that no original jurisdiction shall be conferred upon the Federal
Supreme Court with respect to any Criminal matter.
Questions as to interpretation of this Constitution
108.– (1) Where any question as to the interpretation of this Constitution or the
constitution of a Region arises in any proceedings in any court of law in any
part of Nigeria (other than the Federal Supreme Court, the High Court of a
territory or a court-martial ) 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 High Court having
jurisdiction in that part of Nigeria and the High Court shall –
(a) if it is of opinion that the question involves a substantial question of
law,
refer the question to the Federal Supreme Court; 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
High Court may think fit to give.
(2) Where any question as to the interpretation of this Constitution
or the constitution of a Region arises in any proceedings in the
High Court of a territory 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
Federal Supreme Court.
(3) Where any question is referred to the Federal Supreme Court
in pursuance of this section, the Federal Supreme 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.
Advisory jurisdiction of Federal Supreme Court
109. Parliament may confer jurisdiction upon the Federal Supreme
Court -
(a) to consider and advise upon any question upon which the
Governor-General desires the assistance of the court for the
purpose of deciding whether or not any of the powers vested
in him by section 94 of this Constitution (which relates to
the prerogative of mercy) should be exercised; or
(b) to consider and advise upon any question upon which the
Governor of a Region desires the assistance of the court for
the purpose of deciding whether or not any of the powers
vested in him by the constitution of that Region with respect
to the exercise of the prerogative of mercy should be
exercised.
Appeals to Federal Supreme Court from High Courts
110. - (1) The Federal Supreme Court shall have jurisdiction, to
the exclusion of any other court of law in Nigeria, to hear and
determine appeals from the High Court of a territory.
(2) An appeal shall lie from decisions of the High Court of a
territory to the Federal Supreme Court as of right in the following
cases -
(a) final decisions in any civil proceedings before the High Court
sitting at first instance;
(b) where the ground of appeal involves questions of law alone,
decisions in any criminal proceedings before the High Court
sitting at first instance;
(c) decisions in any civil or criminal proceedings on questions as
to the interpretation of this Constitution or the constitution
of a Region;
(d) decisions in any civil or criminal proceedings on questions as
to whether any of the provisions of Chapter III of this
Constitution has been contravened in relation to any person;
(e) decisions in any criminal proceedings in which any person
has been sentenced to death by the High Court or in which the
High Court has affirmed a sentence of death imposed by some other court; and
(f) such other cases as may be prescribed by any law in force in the territory:
Provided that nothing in paragraph (a) of this subsection shall confer any
right of appeal –
(i) from any order made ex parte;
(ii) from any order relating only to costs;
(iii) from any order made with the consent of the parties; or
(iv) in the case of a party to proceedings for dissolution or nullity of marriage
who, having had time and opportunity to appeal from any decree nisi in
such proceedings, has not so appealed, from any decree absolute founded
upon such a decree nisi.
(3) An appeal shall lie from decisions of the High Court of a territory to the Federal
Supreme Court as of right in the following cases –
(a) decisions on any such question as is referred to in section 48 of
this constitution or
(b) decisions on any question whether any person has been validly
selected or elected as a member of a legislative house of a
Region of any member of that house has become vacant,
and the decision of the Federal Supreme Court upon any such question shall be
final.
(4) Subject to the provisions of subsections (2) and (3) of this section, an appeal shall
lie from decisions of the High Court of a territory to the Federal Supreme Court
with the leave of the High Court or the Federal Supreme Court in the following
cases –
(a) where the ground of appeal involves questions of fact, mixed law and fact or
quantum of sentence, decisions in any criminal proceedings before the High
Court sitting at first instance;
(b) any case in which, but for the terms of the proviso to subsection (2) of this
section, an appeal would lie as of right to the Federal Supreme Court by
virtue of paragraph (a) of that subsection;
(c) decisions in any civil or criminal proceedings in which an appeal has been
brought to the High Court from some other court; and
(d) such other cases as may be prescribed by any law in force in the territory.
(5) The Federal Supreme Court may dispose of any application for leave to appeal
from any decision of the High Court of a territory in respect of any civil or criminal
proceedings in which an appeal has been brought to the High Court from some
other court of the territory upon consideration of the record of the proceedings if
the
Federal Supreme Court is of opinion that the interests of justice do
not require an oral hearing of the application.
(6) Any right of appeal to the Federal Supreme Court from the
decisions of the High Court of a territory conferred by this section-
(a) shall be exercisable in the case of civil proceedings at the
instance of a party thereto or, with the leave of the High
Court or the Federal Supreme Court, at the instance of any
other person having an interest in the matter and in the case
of criminal proceedings at the instance of an accused person
or, subject to the provisions of section 97 of this Constitution
or any powers of the Director of Public Prosecutions of a
Region to take over and continue or to discontinue such
proceedings, at the instance of such other persons or authorities
as may be prescribed by any law in force in the territory;
and
(b) shall be exercised in accordance with any Acts of Parliament
and rules of court for the time being in force in the territory
regulating the powers, practice and procedure of the Federal
Supreme Court.
(7) In this section "decision" means, in relation to the High
Court of a territory, any determination of that High Court and
includes (without prejudice to the generality of the foregoing) a
judgment, decree, order, conviction, sentence (other than a sentence
fixed by law) or recommendation.
Appeals to Federal Supreme Court from other Federal courts, etc.
111. Parliament may confer jurisdiction upon the Federal Supreme
Court to hear and determine appeals from any decision of any Court
of law or tribunal established by Parliament.
Appeals to Federal Supreme Court from Sharia Court of Appeal and
Court of Resolution
112.--(1) An appeal shall lie from decisions of the Sharia Court
of Appeal to the Federal Supreme Court as of right in the following
cases -
(a) decisions on questions as to the interpretation of this Constitution
or the constitution of a Region;
(b) decisions on questions as to whether any of the provisions of
Chapter III of this Constitution has been contravened in
relation to any person; and
(c) such other cases as may be prescribed by any law in force in
Northern Nigeria:
Provided that nothing in paragraph (a) or (b) of this subsection
(in so far as it applies to civil proceedings) shall confer any right
of appeal with respect to any question relating to the respective
jurisdiction of the High Court of Northern Nigeria, and the Sharia
Court of Appeal that the Court of Resolution is competent to
determine.
(2) Subject to the provisions of subsection (1) of this section, an
appeal shall lie from decisions of the Sharia Court of Appeal 9r. the
Court of Resolution to the Federal Supreme Court with the leave
of the Federal Supreme Court in such cases as may be prescribed by
any law in force in Northern Nigeria.
(3) Any right of appeal to the Federal Supreme Court from the
decisions of the Sharia Court of Appeal conferred by this section(
a) shall be exercisable at the instance of a party thereto or, with
the leave of the Sharia Court of Appeal or the Federal
Supreme Court, at the instance of any other person having an
interest in the matter; and
(b) shall be exercised in accordance with any Acts of Parliament
and rules of court for the time being in force in Northern
Nigeria regulating the powers, practice and procedure of the
Federal Supreme Court.
(4) The Federal Supreme Court may dispose of any application
for leave to appeal from any decision of the Sharia Court of Appeal
or the Court of Resolution upon consideration of the record of theproceedings
if the Federal Supreme Court is of opinion that the
interests of justice do not require an oral hearing of the application.
(5) In this section-
the Court of Resolution" means the Court of Resolution
established by the Court of Resolution Law, 1960, of Northern
Nigeria, as amended, or any law replacing that law;
"decision" means, in relation to the Sharia Court of Appeal
or the Court of Resolution, any determination of that court in any
civil proceedings and includes (without prejudice to the generality
of the foregoing), a judgment, decree, order or recommendation;
"the Sharia Court of Appeal" means the Sharia Court of
Appeal established by the Sharia Court of Appeal Law, 1960, of
Northern Nigeria, as. amended, or any law replacing that law.
Powers, practice and procedure of Federal Supreme Court
113.--(1) The decisions of the Federal Supreme Court shall be
enforced in any part of Nigeria by the High Court having jurisdiction
in that part of Nigeria and by all persons, authorities and other
courts of law in that part as if they were decisions of that High Court.
(2) Subject to the provisions of any Act of Parliament, the
Federal Supreme Court may make rules for regulating the practice
and procedure of the court.
(3) Parliament may make provision with respect to the practice
and procedure of the Federal Supreme Court (including the service.
and execution of all civil and criminal processes of the court) and
may confer upon the court' such powers additional to those conferred
by this section as may appear to be necessary or desirable for
enabling the court more effectively to exercise its jurisdiction.
(4) Rules made under this section may fix the minimum number
of judges who may sit for any purpose, so however that no matter
shah be finally determined by less than three judges:
Provided that nothing in this subsection shah preclude a judge
who does not concur in the opinion of the other judges from
delivering a dissenting opinion.
Part 2
Appeals to Her Majesty in Council
Appeals from Federal Supreme Court to Her Majesty in Council
114.--(1) Subject to the provisions of this Constitution, an appeal
shah lie from decisions of the Federal Supreme Court to Her
Majesty in Council as of right in the following cases -
(a) where the matter in dispute on the appeal to Her Majesty in
Council is of the value of five hundred pounds or upwards or
where the appeal involves directly or indirectly a claim to or
question respecting property or a right of the value of five
hundred pounds or upwards, final decisions in any civil
proceedings;
(b) final decisions in proceedings for dissolution or nullity of
marriage;
(c) final decisions in any civil or criminal proceedings on questions
as to the interpretation of this Constitution or the constitution
of a Region; and
(d) such other cases as may be prescribed by Parliament.
(2) Subject to the provisions of this Constitution, an appeal shall
lie from decisions of the Federal Supreme Court to Her Majesty in
Council with the leave of the Federal Supreme Court in the following
(a) where in the opinion of the Federal Supreme Court the
question involved in the appeal is one that, by reason of its
great general or public importance or otherwise, ought to be
submitted to Her Majesty in Council, decisions in any civil
proceedings; and
(b) in such other cases as may be prescribed by Parliament.
(3) Nothing in this section shah affect any right of Her Majesty
to grant special leave to appeal from decisions of the Federal Supreme
Court to Her Majesty in Council in any civil or criminal matter.
Part 3
The High Court of the Federal Territory
Establishment of High Court of Lagos
115. - (1) There shall be a High Court for the Federal territory,
which shall be styled the High Court of Lagos.
(2) The judges of the High Court of Lagos shall be-
(a) the Chief Justice of Lagos; and
(b) such number of other judges (not being less than five) as may
be prescribed by Parliament.
(3) The High Court of Lagos shall be a superior court of record
and, save as otherwise provided by Parliament, shall have all the
powers of such a court.
Appointment of judges of High Court of Lagos
116.--(1) The Chief Justice of Lagos shall be appointed by the
Governor-General, acting in accordance with the advice of the Prime
Minister.
(2) The judges of the High Court of Lagos other than the Chief
Justice shall be appointed by the Governor-General, acting in accordance
with the advice of the Judicial Service Commission of the
Federation.
(3) A person shall not be qualified to hold the office of a judge of
the High Court of Lagos unless-
(a) he is or has been a judge of a court having unlimited jurisdiction
in civil and criminal matters in some part of the Commonwealth
or a court having jurisdiction in appeals from any
such court; or
(b) he is qualified for admission as an advocate in Nigeria and he
has been so qualified for not less than ten years:
Provided that in computing the period during which any person
has been qualified to practise as an advocate any period during which
he has held office as a judge or magistrate after becoming so qualified
shall be included.
(4) If the office of Chief Justice of Lagos is vacant or if the
person holding the office is for any reason unable to perform the
functions of his office, then, until a person has been appointed to
and has assumed the functions of that office or until the person
holding the office has resumed those functions, as the case may be,
those functions shall be performed by such one of the other judges
of the High Court of Lagos as may from time to time be designated
in that behalf by the Governor-General, acting in accordance with
the advice of the Prime Minister.
(5) If the office of any judge of the High Court of Lagos other
than the Chief Justice is vacant or if the person holding the office
is acting as Chief Justice or is for any reason unable to perform the
functions of his office, the Governor-General, acting in accordance
with the advice of the Judicial Service Commission of the Federation,
may appoint a person with such qualifications as may be prescribed
by parliament to act in the office of a judge of the High Court and
any person so appointed shall continue to act for the period of the
appointment or if no period is specified until his appointment is
revoked by the Governor-General, acting in accordance with the
advice of the Commission.
Tenure of office of judges of High Court of Lagos
117.--(1) Subject to the provisions of this section, a person holding
the office of Chief Justice of Lagos or any other judge of the High
Court of Lagos shall vacate his office when he attains such age as
may be prescribed by Parliament:
Provided that the Governor-General, acting in accordance with
the advice of the Prime Minister, may permit a judge to continue in
office for such period after attaining that age as may be necessary to
enable him to deliver judgment or to do any other thing in relation
to proceedings that were commenced before him before he attained
that age.
(2) A person holding the office of a judge of the High Court of
Lagos may be removed from office only for inability to discharge
the functions of his office (whether arising from infirmity of body or
mind or any other cause) or for misbehaviour and shall not be so
removed except in accordance with the provisions of this section.
(3) A person holding the office of a judge of the High Court of
Lagos shall be removed from office by the Governor-General if the
question of the removal of that judge from office has, at the request
of the Governor-General made in pursuance of subsection (4) of this
section, been referred by Her Majesty to the Judicial Committee of
Her Majesty's Privy Council under any enactment enabling Her
Majesty in that behalf and the Judicial Committee has advised
Her Majesty that the judge ought to be removed from office for
inability or misbehaviour.
(4) If the Prime Minister represents to the Governor-General that
the question of removing a judge of the High Court of Lagos under
this section ought to be investigated, then--
(a) the Governor-General shall appoint a tribunal consisting of a
chairman and not less than two other members selected by
the Governor-General, acting in accordance with the advice
of the Prime Minister, from among persons who hold or
have held office as a judge of a court having unlimited juris.
diction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from
any such court;
(b) that tribunal shall enquire into the matter and report on
the facts thereof to the Governor-General and recommend to
the Governor-General whether he should request that the
question of the removal of that judge should be referred by
Her Majesty to the Judicial Committee; and
© if the tribunal so recommends, the Governor-General shall
request that the question should be referred accordingly.
(5)If the question of removing a judge of the High Court of Lagos
from office has been referred to a tribunal under this section,
the Governor-General, acting in accordance with the advice of the
Prime Minister, may suspend the judge from performing the functions
of his office and any such suspension may at any time be revoked
by the Governor-General, acting in accordance with the advice of
the Prime Minister, and shall in any case cease to have effect--
(a) if the tribunal recommends to the Governor-General that he
should not request that the question of the removal of the
judge from office should be referred by Her Majesty to the
Judicial Committee; or
(b) if the Judicial Committee advises Her Majesty that the judge
ought not to be removed from office.
(6) This section shall apply to any person appointed to act in
the office of a judge of the High Court as it applies to a person
holding the office of a judge of the High Court, but without prejudice
to the provisions of section 116 of this Constitution relating to the
revocation of his appointment by the Governor-General.
Appeals to High Court of Lagos from subordinate courts
118.---(1) An appeal shall lie from decisions of a subordinate
court to the High Court of Lagos as of right or, if it is provided by
Parliament that an appeal as of right shall lie from that subordinate
court to another subordinate court, an appeal shah thereafter lie to
the High Court as of right in the following cases--
(a) where the matter in dispute on the appeal to the High Court
is of the value of fifty pounds or upwards or where the
appeal involves directly or indirectly a claim to or question
respecting property or a right of the value of fifty pounds or
upwards, final decisions in any civil proceedings;
(b) where the ground of appeal to the High Court involves
questions of law alone, decisions in any criminal proceedings
in which any person has been sentenced to imprisonment for
a term exceeding three months or corporal punishment exceeding
six strokes or a fine or forfeiture exceeding twenty-five
pounds by the subordinate court from which the appeal lies
to the High Court or that subordinate court has affirmed or
substituted such a sentence;
(c) decisions in any civil or criminal proceedings on questions as
to the interpretation of this Constitution or the constitution
of a Region;
(d) decisions in any civil or criminal proceedings on questions as
to whether any of the provisions of Chapter III of this
Constitution has been contravened in relation to any person;
(e) decisions in any criminal proceedings in which any person has
been sentenced to death by the subordinate court from which
the appeal lies to the High Court or in which that subordinate
court has affirmed a sentence of death;
(f) decisions in any other criminal proceedings before a subordinate
court sitting at first instance from which no appeal
lies as of right to another subordinate court; and
(g) such other cases as may be prescribed by Parliament:
Provided that no appeal shall lie from decisions elf a subordinate
court established under section 119 of this Constitution to the High
Court in any case in which an appeal lies as of right to the Federal
Supreme Court by virtue of any Act of Parliament enacted in
pursuance of section 111 of this Constitution.
(2) An appeal shall lie from decisions of a subordinate court to
the High Court of Lagos with the leave of the High Court or, if it is
provided by Parliament that an appeal shall lie from that subordinate
court to another subordinate court, an appeal shall thereafter lie to
the High Court with the leave of the High Court in the following
cases-
(a) decisions in any criminal proceedings from which no appeal
lies as of right to the High Court; and
(b) such other cases in which no appeal lies as of right to the
High Court as may be prescribed by Parliament:
Provided that no appeal shall lie under paragraph (a) of this
subsection from decisions of a subordinate court 'established under
section 119 of this Constitution to the High Court in any case in
which an appeal lies to the Federal Supreme Court (whether as of
right or with the leave of the Federal Supreme Court) by virtue of
an Act of Parliament enacted under section 111 of this Constitution.
(3) Any right of appeal from decisions of a subordinate court to
the High Court of Lagos conferred by this section-
(a) shall be exercisable in the case of civil proceedings at the
instance of a party thereto or, with the leave of the High
Court, at the instance of any other person having an interest
in the matter and in the case of criminal proceedings at the
instance of the accused person or, subject to the provisions
of section 97 of this Constitution, at the instance of such
other persons or authorities as may be prescribed by
Parliament; and
(b) shall be exercised in accordance with any laws and rules of
court for the time being in force regulating the powers,
practice and procedure of the High Court.
(4) In this section-
decision" means, in relation to a subordinate court, any
determination of that court and includes (without prejudice to the
generality of the foregoing) a judgment, decree, order, conviction,
sentence (other than a sentence fixed by law) or recommendation;
"subordinate court" means any court of law in the Federal
territory other than the Federal Supreme Court, the High Court
of the territory or a court-martial.
Part 4
General
Establishment of courts
119. Parliament may establish courts of law for the Federation
in addition to the Federal Supreme Court:
Provided that nothing in this section shall -
(a) preclude the legislature of a Region from establishing courts
of law for that Region; or
(b) confer upon Parliament powers to make provision with respect
to the jurisdiction of any court established under this section
additional to those conferred by the other provisions of this
Constitution.
Establishment of Judicial Service Commission
120. - (1) There shall be a Judicial Service Commission for the
Federation.
(2) The members of the Judicial Service Commission of the
Federation shall be-
(a) the Chief Justice of the Federation, who shall be chairman;
(b) the.Chief Justice of each territory;
(c) the chairman of the Public Service Commission of the Federation;
and
(d) one other member, who shall be appointed by the Governor-
General, acting in accordance with the advice of the Prime
Minister.
(3) The Chief Justices of the Regions shall not take part in the
business of the Judicial Service Commission of the Federation relating
to the appointment of judges of the High Court of Lagos or members
of any other court established for the Federal territory or any office
connected with any such court and the member of the Commission
appointed by the Governor-General and any person acting in the
office of Chief Justice of a territory shall not take part in the business
of the Commission relating to the appointment of Federal Justices.
(4) The following provisions shall apply in relation to the member
of the Judicial Service Commission of the Federation appointed by
the Governor-General -
(a) a person shall not be qualified for appointment as such unless
he is or has been a judge of a court having unlimited jurisdiction
in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from
any such court;
(b) subject to the provisions of this subsection, a person appointed
as such shall vacate his office at the expiration of five years
from the date of his appointment;
(c) a person appointed as such may be removed from office by
the Governor-General, acting in accordance with the advice
of the Prime Minister, for inability to discharge the functions
of his office (whether arising from infirmity of mind or body
or any other cause) or for misbehaviour;
(d) a person appointed as such shall not be removed from office
except in accordance with the provisions of this subsection.
Appointment of officers connected with courts of Federation or
Federal territory
111.--(1) Power to appoint persons to hold or act in the offices
to which this section applies (including power to make appointments
on promotion and transfer and to confirm appointment) and to
dismiss and to exercise disciplinary control over persons holding or
acting in such offices shall vest in the Judicial Service Commission
of the Federation:
Provided that the Commission may, with the approval of the
Prime Minister and subject to such conditions as it may think fit,
delegate any of its powers under this section to any of its members,
to any judge or to the holder of any office to which this section
applies.
(2) The offices to which this section applies are the offices of
members of any court of law established by Parliament for the
Federation or the Federal territory (other than a court-martial) and
such offices connected with the Federal Supreme Court, the High
Court of Lagos or any court of law established by Parliament for
the Federation or the Federal territory as may be prescribed by
Parliament.
Oaths to be taken by judges
122. A judge of the Federal Supreme Court or the High Court
of Lagos shall not enter upon the duties of his office unless he has
taken and subscribed the oath of allegiance and such oath for the
due execution of his office as may be prescribed by Parliament.
CHAPTER IX
FINANCE
Part 1
Public funds of the Federation
Establishment of Consolidated Revenue Fund
123. - (1) All revenues or other moneys raised or received by the
Federation (not being revenues or other moneys payable under this
Constitution or any Act of Parliament into some other public fund
of the Federation established for a specific purpose) shall be paid
into and form one Consolidated Revenue Fund.
(2) No moneys shall be withdrawn from the Consolidated Revenue
Fund of the Federation except to meet expenditure that is charged
upon the Fund by this Constitution or any Act of Parliament or
where the issue of those moneys has been authorised by an
appropriation Act or an Act passed in pursuance of section 1Z5 of
this Constitution.
(3) No moneys shall be withdrawn from any public fund of the
Federation other than the Consolidated Revenue Fund unless the
issue of those moneys has been authorised by an Act of Parliament.
(4) No moneys shall be withdrawn from the Consolidated Revenue
Fund or any other public fund of the Federation except in the manner
prescribed by Parliament.
Authorisation of expenditure from Consolidated Revenue Fund
124.--(1) The Minister of the Government of the Federation
responsible for finance shall cause to be prepared and laid. before
both Houses of Parliament in each financial year estimates of the
revenues and expenditure of the Federation for the next following
financial year.
(2) The heads of expenditure contained in the estimates (other
than expenditure charged upon the Consolidated Revenue Fund by
this Constitution or any Act of Parliament) shall be included in a
bill, to be known as an appropriation bill, providing for the issue
from the Consolidated Revenue Fund of the Federation of the sums
necessary to meet that expenditure and the appropriation of those
sums for the purposes specified therein.
(3) If in respect of any financial year it is found--
(a) that the amount appropriated by the appropriation Act for
any purpose is insufficient or that a need has arisen for
expenditure for a purpose for which no amount has been
appropriated by the Act; or
(b) that any moneys have been expended for any purpose in
excess of the amount appropriated for the purpose by the
appropriation Act or for a purpose for which no amount has
been appropriated by the Act,
a supplementary estimate showing the sums required or spent shall
be laid before both Houses of Parliament and the heads of any
such expenditure shall be included in a supplementary appropriation
bill.
Authorisation of expenditure in advance of appropriation
125. Parliament may make provision under which, if the appropriation
Act in respect of any financial year has not come into
operation by the beginning of that financial year, the Minister of
the Government of the Federation responsible for finance may
authorise the withdrawal of moneys from the Consolidated Revenue
Fund of the Federation for the purpose of meeting expenditure
necessary to carry on the services of the Government until the
expiration of four months from the beginning of that financial year
or the coming into operation of the Act, whichever is the earlier.
Contingencies Fund
126.--(1) Parliament may provide for the establishment of a
Contingencies Fund for the Federation and for authorising the
Minister of the Government of the Federation responsible for finance,
if satisfied that there has arisen an urgent and unforeseen need for
expenditure for which no other provision exists, to make advances
from the Fund to meet that need.
(2) Where any advance is made in accordance with subsection (1)
of this section a supplementary estimate shall be presented and a
supplementary appropriation bill shall be introduced as soon as
possible for the purpose of replacing the amount so advanced.
Remuneration of Governor-General and certain other officers
127.---(1) There shall be paid to the holders of the offices to
which this section applies such salary as may be prescribed by
Parliament.
(2) The salary and allowances payable to the holders of the
offices to which this section applies shall be a charge on the Consolidated
Revenue Fund of the Federation.
(3) The salary payable to the holder of any office to which this
section applies and his terms of office other than allowances shall
not be altered to his disadvantage after his appointment.
(4) This section applies to the office of Governor-General, Chief
Justice of the Federation, Federal Justice, Chief Justice or other judge
of the High Court of Lagos, member of the Electoral commission
of the Federation, appointed member of the Judicial Service Commission
of the Federation, member of the public Service Commission
of the Federation, member of the Police Service Commission of the
Federation, Director of Public Prosecutions of the Federation and
Director of Audit of the Federation.
Audit of public accounts
128. - (1) There shall be a Director of Audit for the Federation,
whose office shall be an office in the public service of the Federation.
(2) The public accounts of the Federation and of all officers,
courts and authorities of the Federation shall be audited and reported
on by the Director of Audit of the Federation and for that purpose
the Director or any person authorised by him in that behalf shall
have access to all books, records, returns and other documents
relating to those accounts.
(3) The Director of Audit of the Federation shall submit his
reports to the Minister of the Government of the Federation responsible
for finance, who shall cause them to be laid before both
Houses of Parliament.
(4) In the exercise of his functions under this Constitution the
Director of Audit of the Federation shall not be subject to the
direction or control of any other person or authority.
Public debt
129.--(1) The public debt of the Federation shall be secured on
the revenues and assets of the Federation.
(2) In this section references to the public debt of the Federation
include references to the interest on that debt, sinking fund payments
in respect of that debt and the costs, charges and expenses incidental
to the management of that debt.
Part 2
Allocation o! Revenue
130. (1) Where under any Act of parliament a duty is levied in
respect of the import into Nigeria of any commodity other than
motor spirit, diesel oil, tobacco, wine, potable spirits or beer, the
Federation shall, in respect of each quarter, credit to a special
account, maintained by the Federation and referred to in this
Constitution as "the Distributable Pool Account," a sum equal to
thirty per cent. of the proceeds of that duty for that quarter.
(2) For the purposes of this section the proceeds of a duty for a
quarter shall be the amount remaining from the receipts from that
duty that are collected in that quarter after any drawbacks, refunds
or other repayments relating to those receipts have been made or
allowed for.
Import duties on motor spirit and tobacco
131.--(1) (a) Where under any Act of parliament a duty is levied
in respect of the import into Nigeria of motor spirit or diesel oil,
or of any particular class, variety or description of motor spirit or
diesel oil, there shall be pa. id by the Federation to the Regions in
respect of each quarter a sum equal to the proceeds of that duty
for that quarter.
(b) When under paragraph (a) of this subsection any sum is
payable by the Federation to the Regions in respect of any quarter,
payment of the said sum shall be made in such manner that the
sum is divided among the Regions in shares proportionate to the
respective amounts of motor spirit or diesel oil, or of motor spirit
or diesel oil of the particular class, variety or description in question,
as the case may be, that have been distributed for consumption in
the several Regions in the immediately preceding quarter.
(2) (a) Where under any Act of Parliament a duty is levied in
respect of the import into Nigeria of tobacco, or of any particular
class, variety or description of tobacco, there shall be paid by the
Federation to the Regions in respect of each quarter such sum as is
equal to the proceeds of that duty for that quarter.
(b) When under paragraph (a) of this subsection any sum is
payable by the Federation to the Regions in respect of any quarter,
payment of the said sum shall be made in such manner that the
sum is divided among the Regions in shares proportionate to the
respective amounts of tobacco, or of tobacco of the particular class,.
variety or description in question, as the case may be, that have been
distributed for consumption in the several Regions in the immediately
preceding quarter.
(3) For the purposes of this section the proceeds of a duty for a
quarter levied on any commodity, or any particular class, variety or
description of commodity, shall be the amount remaining from the
receipts from that duty that are collected in that quarter after any
drawbacks, refunds or other repayments relating to those receipts
have been made or allowed for less the part of that amount that is
attributable to quantities of that commodity or that class, variety or
description of commodity distributed, or intended to be distributed,
in the Federal territory.
Excise duties
132.---(1) Where under any Act of Parliament an excise duty is
levied on tobacco, or on any particular class, variety or description
of tobacco, there shall be paid by the Federation to the Regions
in respect of each quarter a sum equal to the proceeds of that duty
for that quarter.
(2) Where under subsection (1) of this section any sum is payable
by the Federation to the Regions in respect of any quarter, payment
of the said sum shall be made in such manner that the sum is divided
among the Regions in shares proportionate to the respective amounts
of the commodity in question that have been distributed for consumption
in the several Regions in the immediately preceding quarter.
(3) For the purposes of this section the proceeds for a quarter
of a duty levied on tobacco or any particular class, variety or
description of tobacco, shall be the amount remaining from the
receipts from that duty that are collected in that quarter after any
drawbacks, refunds or other repayments relating to those receipts
have been made or allowed for, less the part of that amount that is
attributable to quantities of tobacco or that particular class, variety
or description of tobacco, distributed, or intended to be distributed,
for consumption in the Federal territory.
Export duties
133.---(1) Where under any Act of Parliament duty is levied in
respect of the export from Nigeria of produce, hides or skins there.
shall be paid by the Federation to each Region in respect of each
quarter a sum equal to the appropriate percentage of the proceeds
of that duty for that quarter.
(2) For the purposes of subsection (1) of this section--
(a) the proceeds for a quarter of a duty levied on a commodity
shall be the amount remaining from such of the receipts
from that duty as relate to exports of that commodity during
that quarter after any drawbacks, refunds or other repayments
relating to those receipts have been made or allowed for;
(b) the appropriate percentage of the proceeds for a quarter of a
duty levied on a commodity shall, in relation to any Region,
be whichever of the following percentages is prescribed by
Parliament in that behalf, that is to say, either-
(i) the percentage of those proceeds that is attributable to
exports of that commodity that were derived from
that Region;
(ii) the percentage of those proceeds that is attributable
to exports of that commodity that were purchased in
that Region;
(iii) the percentage of those proceeds that bears the same
proportion to the total amount of those proceeds as
the amount of that commodity that was purchased
for export in that Region during the quarter immediately
preceding that quarter bears to that total amount
of that commodity that was so purchased in all the
Regions during that immediately preceding quarter; or
(iv) the percentage of proceeds that bears the same proportion
to the total amount of those proceeds as the
amount of that commodity that was purchased for
export in that Region during the period of twelve
months commencing three months before the commencement
of the financial year in which that quarter
falls bears to the total amount of that commodity that
was so purchased in all the Regions during the period
of twelve months.
(3) Parliament may designate, or make provision for designating,
any class, variety or description of any commodity as a separate
commodity for the purposes of this section, and any such class,
variety or description that is so designated shall be regarded as a
separate commodity for those purposes.
(4) For the purposes of this section any amount of a commodity
that is derived from the Federal territory shall be deemed to be
derived from Western Nigeria and any amount of a commodity that
is purchased in the Federal territory shall be deemed to be purchased
in Western Nigeria.
Mining royalties and rents
134. (1) There shall be paid by the Federation to each Region
a sum equal to fifty per cent. of-
(a) the proceeds of any royalty received by the Federation in
respect of any minerals extracted in that Region; and
(b) any mining rents derived by the Federation during that year
from within that Region.
(2) The Federation shall credit to the Distributable Pool Account
a sum equal to thirty per cent.
(a) the proceeds of any royalty received by the Federation in
respect of minerals extracted in any Region; and
(b) any mining rents derived by the Federation from within any
Region.
(3) For the purposes of this section the proceeds of a royalty
shall be the amount remaining from the receipts of that royalty after
any refunds or other repayments relating to those receipts have been
deducted therefrom or allowed for.
(4) Parliament may prescribe the periods in relation to which the
proceeds of any royalty or mining rents shall be calculated for
purposes of this section.
(5) In this section "minerals" includes mineral oil.
(6) For the purposes of this section the continental shelf of a
Region shall be deemed to be part of that Region.
Distribution of funds in Distributable Pool Account
135. There shall be paid by the Federation to the Regions at the.
end of each quarter sums equal to the following fractions of the
amount standing to the credit of the Distributable Pool Account at
that date, that is to say--
(a) to Northern Nigeria, forty ninety-fifths;
(b) to Western Nigeria, twenty-four ninety-fifths;
(c) to Eastern Nigeria, thirty-one ninety-fifths.
Regions to contribute towards costs of administration
136. Each Region shall in respect of each financial year pay to
the Federation an amount equal to such part of the expenditure
incurred by the Federation during that financial year in respect of the
department of customs and excise of the Government of the Federa.
tion for the purpose of collecting the duties referred to in sections
130, 131, 132 and 133 of this Constitution as is proportionate to the
share of the proceeds of those duties received by that Region under
those sections in respect of that financial year.
137.--(1) Any sum that is required by this Chapter to be paid by
the Federation to a Region may be set off by the Federation in or
towards the payment of any sum that is due from that Region to
the Federation in respect of any loan made by the Federation to
that Region.
(2) The right of set-off conferred by subsection (1) of this section
shall be without prejudice to any other right of the Federation to
obtain payment of any sum due to the Federation in respect of any
loan.
Sums charged on Consolidated Revenue Funds
138. Any payments that are required by this Chapter to be made
by the Federation to a Region shall be a charge on the Consolidated
Revenue Fund of the Federation and any payments that are so
required to be made by a Region to the Federation shall be a charge
on the Consolidated Revenue Fund of that Region.
Provisions with regard to payments
139. - (1) Where any payment falls to be made under this Part
of this Chapter, the amount payable shall be certified by the Director
of Audit of the Federation:
Provided that a provisional payment may be made before the
Director has given his certificate.
(2) Parliament may make provision as to 'time' and manner in
which any payment falling to be made under this Part of this
Chapter shall be effected and for the making of adjustments and
provisional payments.
CHAPTER X
THE PUBLIC SERVICE OF THE FEDERATION
Establishment of Public Service Commission
140. – (1) There shall be a Public Service Commission for the
Federation, which shall consist of a chairman and not less than two
or more than four other members.
(2) The members of the Public Service Commission of the
Federation shall be appointed by the Governor-General, acting in
accordance with the advice of the Prime Minister.
(3) A person shall not be qualified to hold the office of a member
of the Public Service Commission of the Federation if he is a
member of either House of Parliament, a member of a legislative
house of a Region, a Minister of the Government of the Federation,
a Minister of the Government of a Region or the holder of an
office in the public service of the Federation or the public service
of a Region.
(4) Subject to the provisions of this section, a member of the
Public Service Commission of the Federation shall vacate his office -
(a) at the expiration of five years from the date of his appointment;
or
(b) if any circumstances arise that, if he were not a member of
the Commission, would cause him to be disqualified for
appointment as such.
(5) A member of the Public Service Commission of the Federation
may be removed from office by the Governor-General, acting in
accordance with the advice of the Prime Minister, for inability to
discharge the functions of his office (whether arising from infirmity
of mind or body or any other cause) or for misbehaviour.
(6) A member of the Public Service Commission of the Federation
shall not be removed from office except in accordance with the
provisions of this section.
(7) A person who has been appointed to be a member of the
Public Service Commission of the Federation shall not thereafter be
eligible for appointment to any office in the public service of the
Federation.
Appointment, etc., of officers in public service
141.---(1) Power to appoint persons to hold or act in offices in
the public service of the Federation (including power to make
appointments on promotion and transfer and to confirm appointmerits)
and to dismiss and exercise disciplinary control over persons
holding or acting in such offices shall vest in the Public Service
Commission of the Federation:
Provided that the Commission may, with the approval of the
Prime Minister and subject to such conditions as it may think fit,
delegate any of its powers under this section to any of its members
or to any officer in the public service of the Federation.
(2) This section shall not apply in relation to any of the following
offices-
(a) the office of any judge of the Federal Supreme Court or the
High Court of Lagos;
(b) except for the purposes of making appointments thereto, the
office of the Director of Audit of the Federation or the
Director of Public Prosecutions of the Federation;
(c) any office in the Nigeria Police Force;
(d) any office to which section 121 of this Constitution (which
relates to offices within the jurisdiction of the Judicial Service
Commission of the Federation) applies; or
(e) any office to which section 142 of this Constitution (which
relates to the offices of the principal representatives of the
Federation abroad) applies.
(3) The provisions of this section shall be subject to the provisions
of section 143 of this Constitution (which relates to permanent
secretaries).
(4) No appointment shall be made under this section to any
office on the personal staff of the Governor-General unless the
Governor-General signifies his approval of the appointment.
Appointment, etc., of principal representatives of Federation abroad
142.--(1) Power to appoint persons to hold or act in the offices
to which this section applies (including power to make appointments
on promotion and transfer) and to remove persons so appointed
from any such office shall vest in the Governor-General, acting in
accordance with the advice of the Prime Minister.
(2) Before tendering any advice for the purposes of this section
in relation to any person who holds any office in the public service
of the Federation other than an office to which this section applies,
the Prime Minister shall consult the Public Service Commission of
the Federation.
(3) The offices to which this section applies are the offices of
any Ambassador, High Commissioner or other principal representative
of the Federation in countries other than Nigeria.
Appointment, etc., of permanent secretaries
143.---(I) Power to appoint persons to hold or act in the office
of permanent secretary to any department of government of the
Federation and to remove persons so appointed from that office
shall vest in the Governor-General, acting in accordance with the
advice of the Prime Minister.
(2) Before tendering any advice for the purposes of this section
the Prime Minister shall consult the Public Service Commission of
the Federation.
Qualifications of Director of Public Prosecutions
144. A person shall not be qualified to hold or act in the office
of Director of Public Prosecutions of the Federation unless he is
qualified for admission as an advocate in Nigeria and has been so
qualified for at least ten years.
Tenure of office of Director of Public Prosecutions
145.--(1) Subject to the provisions of this section, a person holding
the office of Director of Public Prosecutions of the Federation shall
vacate that office when he attains such age as may be prescribed by
Parliament.
(2) A person holding the office of Director of Public Prosecutions
of the Federation may be removed from office only for inability to
discharge the functions of his office (whether arising from infirmity
of body or mind or any other cause) or for misbehaviour and shall
not be so removed except in accordance with the provisions of this
section.
(3) A person holding the office of Director of Public Prosecutions
of the Federation shall be removed from office by the Governor-
General if the question of his removal from office has been referred
to a tribunal appointed under subsection (4) of this section and the
tribunal has recommended to the Governor-General that he ought
to be removed from office for inability or misbehaviour.
(4) If the Prime Minister represents to the Governor-General
that the question of removing the Director of Public Prosecutions
of the Federation under this section ought to be investigated then -
(a) the Governor-General, acting in accordance with the advice
of the Prime Minister, shall appoint a tribunal, which shall
consist of a chairman and not less than two other members,
the chairman and half of the other members being persons
who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some
part of the Commonwealth or a court having jurisdiction in
appeals from any such court; and
(b) that tribunal shall enquire into the matter and report on the
facts thereof to the Governor-General and recommend to the
Governor-General whether the Director ought to be removed
under this section.
(5) If the question of removing the Director of Public Prosecutions
of the Federation has been referred to a tribunal under this section,
the Governor-General, acting in accordance with the advice of the
Prime Minister, may suspend the Director from performing the
functions of his office and any such suspension may at any time be
revoked by the Governor-General, acting in accordance with the
advice of the Prime Minister, and shall in any case cease to have
effect if the tribunal recommends to the Governor-General that the
Director should not be removed.
Appointment and tenure of office of Director of Audit
146.--(1) Before appointing any person to hold the office of
Director of Audit of the Federation the Public Service Commission
of the Federation shall consult the Prime Minister.
(2) Subject to the provisions of this section, a person holding the
office of Director of Audit of the Federation shall vacate that office
when he attains such age as may be prescribed by Parliament.
(3) A person holding the office of Director of Audit of the
Federation shall be removed from office by the Governor-General if
a resolution is passed by each House of Parliament recommending
his removal from office for inability to discharge the functions of
his office (whether arising from infirmity of body or mind or any
other cause) or for misbehaviour.
(4) A person holding the office of Director of Audit of the
Federation shall not be removed from office except in accordance
with the provisions of this section.
(5) If the office of Director of Audit of the Federation is vacant
or the holder of the office is for any reason unable to perform the
functions of the office, the Public Service Commission of the
Federation, acting after consultation with the Prime Minister, may
appoint a person to act in the office and any person so appointed
shall continue to act until his appointment is revoked by the
Commission acting after consultation with the Prime Minister.
Powers relating to Clerks of Houses of Parliament
147. Before exercising any of its powers in relation to the Clerk
to the Senate the Public Service Commission of the Federation shall
consult the President of the Senate and before exercising any of its
powers in relation to the Clerk to the House of Representatives the
Commission shall consult the Speaker of that House.
Protection of pension rights
148. – (1) The law applicable to any benefits to which this section
applies shall, in relation to any person who has been granted, or
who is eligible for, such benefits, be that in force on the relevant
date or any later law that is not less favourable to that person.
(2) In this section "the relevant date" means-
(a) in relation to any benefits granted before this Constitution
came into operation, the date on which those benefits were
granted;
(b) in relation to any benefits granted after this Constitution came
into operation to or in respect of any person who was a
member of the public service of the Federation, the former
pubic service of Nigeria, or the public service of a Region
before this Constitution came into operation or any benefits
for which any such person may be eligible, the thirtieth day
of September, 1960; and
(c) in relation to any benefits granted to or in respect of any
person who first becomes a member of the public service
of the Federation or the public service of a Region after
this Constitution came into operation or any benefits for
which any such person may be eligible, the date on which
he first became such a member.
(3) Where a person is entitled to exercise an option whichever
one of two or more laws shall apply in his case, the law specified
by him in exercising the option shall, for the purposes of this section,
be deemed to be more favorable to him than the other law or laws.
(4) Any benefit to which this section applies that is payable by
the Federation (not being a benefit that is a charge upon some other
public fund of the Federation) shall be a charge Upon the Consolidated
Revenue Fund of the Federation and any such benefit at is
payable by a Region (not being a benefit that is a charge upon some
other public fund of that Region) shall be a charge upon the
Consolidated Revenue Fund of that Region.
(5) This section applies to any benefits payable under any law
in force in Nigeria or any part thereof providing for the grant of
pensions, gratuities or compensation to persons who are or have
been members of the public service of the Federation, the former
public service of Nigeria or the public service of a Region in respect
of their service in any of those public services or to the widows,
children dependants or personal representatives of such persons in
respect of such service.
Powers of Commissions in relation to grant of pensions etc.
149.--(1) Where any benefits to which this section applies can
be withheld, reduced in amount or suspended by any person or
authority under any Act of Parliament, those benefits shall not be
so withheld, reduced in amount or suspended -
(a) in the case of benefits that have been granted in respect of
the service in the public service of the Federation of any
person who at the time when he ceased to be a member of
that public service was subject to the jurisdiction of the
Judicial Service Commission of the Federation or for which
any person may be eligible in respect of such service, without
the approval of that Commission;
(b) in the case of benefits that have been granted in respect of
the service in the public service of the Federation of any
person who at the time when he ceased to be a member of
that public service was subject to the jurisdiction of the
Police Service Commission of the Federation or for which
any person may be eligible in respect of such service, without
the approval of that Commission; or
(c.) in any other case, without the approval of the Public Service
Commission of the Federation.
(2) No benefits to which this section applies that have been
granted to any person who holds or has held the office of a judge
of the Federal Supreme Court or the High Court of Lagos or for
which any such person may be eligible shall be withheld, reduced or
suspended on the ground that that person has been guilty of misbehaviour
while holding that office unless that person has been
removed from that office by reason of such misbehaviour.
(3) This section applies to any benefits payable under any Act of
Parliament providing for the grant of pensions, gratuities or compensation
to persons who are or have been members of the public
service of the Federation or the former public service of Nigeria
in respect of their service in that public service or to the widows,
children, dependants or personal representatives of such persons in
respect of such service.
CHAPTER XI
MISCELLANEOUS
Powers and procedure of Federal Commissions
150.--(1) Any Commission established by this Constitution may,
with the consent of the Prime Minister ,or such other Minister of the
Government of the Federation as may be authorised in that behalf
by the Prime Minister, by regulation or otherwise regulate its own
procedure or confer powers and impose duties on any officer or
authority of the Federation for the purpose of discharging its
functions.
(2) Subject to its rules of procedure, any Commission established
by this Constitution may act notwithstanding any vacancy in its
membership or the absence of any member:
Provided that any decision of the Commission shall require the
concurrence of a majority of all the members thereof or, in the case
of the Judicial Service Commission of the Federation, a majority of
all the members thereof who are entitled to take part in the business
to which the decision relates.
Resignations
151.--(1) 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 person
or authority by whom he was appointed, elected or selected:
Provided that in the case of a member of a House of Parliament
who holds office as President or Speaker of the House his resignation
from the House or that office shall be addressed to the House and
in the case of any other member of the House his resignation from
the House shall be addressed to the President or Speaker of the
House.
(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 person or authority to whom it is
addressed or by any person authorised by that person or authority
to receive it.
Re-appointments, etc.
152.--(1) Where any person has vacated any office constituted by
this Constitution, he may, if qualified, again be appointed, elected
or otherwise selected to hold that office in accordance with the
provisions of this Constitution.
(2) Where by this Constitution a power is conferred upon any
person or authority to make any appointment to any office in the
public service of the Federation, a person may be appointed to that
office notwithstanding that some other person may be holding that
office, when that other person is on leave of absence pending
relinquishment of the office; and where two or more persons are
holding the same office by reason of an appointment made in
pursuance of this subsection, then for the purposes of any function
conferred upon the holder of that office the person last appointed
shall be deemed to be the sole holder of the office.
Review of sections 134 and 135 of this Constitution
153. The Government of the Federation, acting after consultation
with the Governments of the Regions, shall from time to time
appoint a Commission to review and make recommendations with
respect to the provisions of sections 134 and 135 of this Constitution.
Interpretation
154.--(1) In this Constitution, unless it is otherwise expressly
provided or required by the context -
Act of Parliament" means any law made by Parliament;
"the Advisory Council" means the Advisory Council on the
Prerogative of Mercy of the Federation;
"the Commonwealth" means Nigeria, any country to which
section 13 of this Constitution applies and any dependency of
any such country;
"the Concurrent Legislative List" means the list in Part II
of the Schedule to this Constitution;
"the Exclusive Legislative List' means the list in Part I of
the Schedule to this Constitution;
"financial year" means any period of twelve months beginning
on the first day of April in any year or such other date
as Parliament may prescribe;
"the Legislative Lists" means the Exclusive Legislative List
and the Concurrent Legislative List; "oath" includes affirmation;
"the oath of allegiance" means such oath of allegiance as
may be prescribed by Parliament;
"Parliament" means the Parliament of the Federation;
"produce" means such animal or vegetable products, whether
processed or in a natural state (other than tobacco, hides or skins)
as may with the consent of the Governments of the Regions be
designated by the Governor-General by order;
"the public service of the Federation' means the service of
the Crown in a civil capacity in respect of the government of the
Federation;
"territory" means a Region or the Federal territory;
"quarter" means a quarter of a financial year.
(2) In this Constitution, unless it is otherwise expressly provided
or required by the context -
(a) references to persons holding offices in the public service of
the Federation or the public service of a Region include
references to persons acting in those offices; and
(b) references to offices in the public service of the Federation
include references to the offices of the judges of the Federal
Supreme Court and the High Court of Lagos and references
to the offices of members of all other courts of law established
by Parliament (other than courts-martial), being offices the
emoluments attaching to which are paid out of the Consolidated
Revenue Fund or any other public fund of the
Federation, and references to the offices of members of the
Nigeria Police Force.
(3) For the purposes of this Constitution, the office of the President
or the Deputy President of the Senate, a Senator,. the Speaker or the
Deputy Speaker of the House of Representatives, a member of the
House of Representatives, a Minister of the Government of the
Federation, a Parliamentary Secretary to such a Minister or a
member of the Council of Ministers, the Nigeria Police Council, any
Commission established by this Constitution or the Advisory Council
shall not be regarded as an office in the public service of the
Federation.
(4) The Interpretation Act, 1889 as in force on the first day of
October, 1960, shall apply, with the necessary adaptations, for the
purpose of interpreting this Constitution and otherwise in relation
thereto as it applies for the purposes of interpreting, and in relation
to, Acts of the Parliament of the United Kingdom.
(5) No provision of this Constitution that any person or authority
shall not be subject to the direction or control of any other person
or authority in exercising any functions under this Constitution shall
be construed as precluding a court of law from exercising jurisdiction
in relation to any question whether that person or authority has
performed those functions in accordance with this Constitution or
any other law.
THE SCHEDULE
THE LEGISLATIVE LISTS
Part I
The Exclusive Legislative List
Item
1. Accounts of the Government of the Federation and officers,
courts and authorities thereof, including audit of those accounts.
2. Archives, other than the public records of the Governments of
the Regions since the twenty-third day of January, 1952.
3. Aviation, including airports, safety of aircraft and ancillary
transport and other services.
4. Bills of exchange and promissory notes.
5. Borrowing of moneys outside Nigeria for the purposes of the
Federation or of any Region other than borrowing by the
Government of a Region for a period not exceeding twelve
months on the security of any funds or assets of that government
held outside Nigeria.
6. Borrowing of moneys within Nigeria for the purposes of the
Federation.
7. Control of capital issues.
8. Copyright.
9. Currency, coinage and legal tender.
10. Customs and excise duties, including export duties.
I1. Defence.
12. Deportation; compulsory removal of persons from one territory
to another.
13. Designation of securities in which trust funds may be invested.
14. Exchange control.
15. External affairs.
16. Extradition.
17. The following higher educational institutions, that is to say -
The University College at Ibadan.
The University College Teaching Hospital.
The Nigerian College of Arts, Science and Technology.
The West African Institute of Social and Economic Research.
The Pharmacy School at Yaba.
The Forest School at Ibadan.
The Veterinary School at Vom.
18. Immigration into and emigration from Nigeria.
19. Incorporation, regulation and winding-up of bodies corporate,
other than co-operative societies, native authorities, localgovernment
authorities and bodies corporate established directly
by any law enacted by the legislature of a Region.
20. Insurance other than insurance undertaken by the Government
of a Region but including any insurance undertaken by the
Government of a Region that extends beyond the limits of that
Region.
21. Legal proceedings between the Government of the Federation
and any other person or authority or between the Governments
of Regions.
22. 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 declared by Parliament to be an international waterway
or to be an inter-Regional waterway;
(c) lighthouses, lightships, beacons and other provisions for
the safety of shipping and navigation;
(d) such ports as may be declared by Parliament to be
Federal ports (including the constitution and powers of
port authorities for Federal ports).
23. Marriages other than marriages under Moslem law or other
customary law; annulment and dissolution of, and other matrimonial
causes relating to, marriages other than marriages under
Moslem law or other customary law.
24. Meteorology.
25. Mines and minerals, including oilfields, oil mining, geological
surveys and natural gas.
26. Museums of the Federation, that is to say--
The Jos Museum.
The Oron Museum.
The House of Images at Esie.
Any other museums established by the Government of the
Federation.
27. Naval, military and air forces.
28. Nuclear energy.
29. Passports and visas.
30. Patents, trade marks, designs and merchandise marks.
31. Pensions, gratuities and other like benefits payable out of the
Consolidated Revenue Fund or any other public fund of the
Federation.
32. Posts, telegraphs and telephones, including post office savings
banks.
33. Powers, privileges and immunities of each House of Parliament
and its members.
34. The public debt of the Federation.
35. Public relations of the Federation.
36. The public service of the Federation, including the settlement of
disputes between the Federation and officers in the public service
of the Federation.
37. Railways, including ancillary transport and other services.
38..Taxes on amounts paid or payable on the sale or purchase of
commodities except-
(a) produce;
(b) hides and skins;
(c) motor spirit;
(d) diesel oil sold or purchased for use in road vehicles;
(e) diesel oil sold or purchased for other than industrial
purposes.
39. Trunk roads, that is to say, the construction, alteration and
maintenance of such roads as may be declared by Parliament to
be Federal trunk roads.
40. Water from such sources as may be declared by Parliament to
be sources affecting more than one territory.
41. Weights and measures.
42. Wireless, broadcasting and television other than broadcasting and
television provided by the Government of a Region; allocation
of wavelengths for wireless, broadcasting and television transmission.
43. The matters with respect to which Parliament is empowered to
make provision by sections 4, 8, 9, 12, 15, 31, 34, 37, 40, 44, 47,
63, subsection (1) of section 70, sections 71, 72, 81, 89, subsections
(2) and (5) of section 98 and sections 104, 106, 109, 111, 113,
114, 121, 122, 125, 126, 127, 133, 134, 139, 145, 146 and 154
of this Constitution.
44. Any matter that is incidental or supplementary-
(a) to any matter referred to elsewhere in this list; or
(b) to the discharge by the Government of the Federation or
any officer, court or authority of the Federation of any
function conferred by this Constitution.
Part II
The Concurrent Legislative List
1. Antiquities.
2. Arms and ammunition.
3. Bankruptcy and insolvency.
4. Census.
5. Chemical services, including analytical services.
6. Commercial and industrial monopolies, combines and trusts.
7. Control of the voluntary movement of persons between territories.
8. Such drugs and poisons as may with the consent of the governments
of the Regions be designated by the Governor-General
by order.
9. Fingerprints, identification and criminal records.
10. Higher education, that is to say, institutions and other bodies
offering courses or conducting examinations of a university,
technological or of a professional character, other than the
institutions referred to in Item 17 of Part I of this Schedule.
11. Industrial development.
12. Labour, that is to say, conditions of labour, industrial relations,
trade unions and welfare of labour.
13. The legal and medical professions and such other professional
occupations as may with the consent of the governments of the
Regions be designated by the Governor-General by order.
14. National monuments, that is to say, such monuments in a Region
as may with the consent of the Government of that Region be
designated by the Governor-General by order as national
monuments.
15. National parks, that is to say, the control of such areas in a
Region as may with the consent of the Government of that
Region be designated by the Governor-General by order as
national parks.
16. Prisons and other institutions for the treatment of offenders.
17. Promotion of tourist traffic.
18. The maintaining and securing of public safety and public order;
the providing, maintaining and securing of such supplies and
services as may be designated by the Governor-General by order
as essential supplies and services.
19. Quarantine.
20. Registration of business names.
21. Scientific and industrial research.
22. Service and execution in a Region of the civil and criminal
processes, judgments, decrees, orders and other decisions of any
court of law outside Nigeria or any court of law in Nigeria other
than the Federal Supreme Court, the High Court of that Region
or any court of law established by the legislature of that Region.
23. Statistics.
24. Traffic on Federal trunk roads.
25. Trigonometrical, cadastral and topographical surveys.
26. Water-power.
27. The matters with respect to which Parliament is empowered to
make provision by subsections (2) and (3) of section 70 and
section 73 of this Constitution.
28. Any matter that is incidental or supplementary to any matter
referred to in this list.
Part III
Interpretation
1. In this Schedule references to incidental and supplementary
matters include, without prejudice to their generality -
(a) offences;
(b) the jurisdiction, powers, practice and procedure of courts of
law;
(c) the compulsory acquisition and tenure of land; and
(d) the establishment and regulation of tribunals of enquiry.
2. Where by this Schedule Parliament is empowered to make any
declaration that declaration may be made by resolutions passed by
both Houses of Parliament instead of by Act of Parliament.
THE END


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