constitution third alteration act

209 Pages·2014·0.64 MB·English

CONSTITUTION
OF THE
FEDERAL REPUBLIC OF NIGERIA,
1999

[With the First, Second and Third Alterations]

Produced by
Federal Ministry of Justice,
Abuja
CONSTITUTION
OF THE
FEDERAL REPUBLIC OF NIGERIA,
1999

Produced by
Federal Ministry of Justice,
Abuja
FOREWORD

In keeping with the constitutional responsibility of my Office as the Chief Law
Officer of the Federation and the mandate of the Federal Ministry of Justice to
ensure that legislation in the public domain are comprehensive, certain and
predictable, the imperativeness of producing for circulation the authentic version
of the 1999 Constitution with its 1st, 2nd and 3rd Alterations as passed by the
National Assembly in 2010 and gazetted by the Federal Government Printer in
2011 is of utmost importance and priority.
By virtue of section 22 (1) of the Interpretation Act, CAP 123, Laws of the
Federation of Nigeria, 2004, where an enactment is amended by the insertion or
omission of words or by the substitution of words for other words, then on
printing the enactment at any time after the amendment takes effect, the person
authorized to print the enactment shall, if so directed by the Attorney – General
of the Federation, print the enactment as so amended. I have therefore directed
the Federal Government Printer to print the Constitution with the First, Second
and third Alterations.
In line with the provisions of the section 22 (2) of the Interpretation Act (supra),
the Federal Government Printer has included special side notes as indicators of
the amendment and the enactment of which it was made.
The rationale for this production at this point in time is as a result of the recent
unwholesome development of the circulation of different versions of the 1999
Constitution (with its Alterations) by some vendors without my seal of authority
1
and approval leading to the situation whereby erroneous and misleading
provisions are contained in some of the copies of the Constitution in circulation.
I therefore recommend this publication of the 1999 Constitution with its
Alterations as passed by the National Assembly to date to all institutions, persons
seeking to know the current constitutional provisions applicable in Nigeria and to
the general public for use and appropriate guidance.

MOHAMMED BELLO ADOKE, SAN, CFR
Honourable Attorney – General of the Federation
and Minister of Justice

2
Constitution of the Federal Republic of Nigeria (i)
CONSTITUTION OF THE
FEDERAL REPUBLIC OF NIGERIA, 1999
ACT No. 24
AN ACT TO PROMULGATE THE CONSTITUTION OF THE
FEDERAL REPUBLIC OF NIGERIA 1999 ;
[5th May, 1999] Commence-
ment.
WHEREAS the Federal Government of the Federal Republic of Nigeria in
compoiance with the Transition to Civil Rule (Political Programme) Act 1998 has,
through the Independent National Electoral Commission, conducted elections to
the office of President and Vice-President, Governors and Deputy-Governors,
Chairmen and Vice-Chairmen, the National Assembly, the Houses of Assembly
and the Local Government Councils ;
AND WHEREAS the Federal Government in furtherance of its commitment to
hand over to a democratically elected civilian administration on 29th May, 1999,
inaugurated on 11th November 1998, the Constitutional Debate Co-ordinating
Committee charged with responsibility to, among other things, pilot the debate
on the new Constitution for Nigeria, co-ordinate and collate views and
recommendations canvassed by individuals and groups for a new Constitution
for Nigeria ;
AND WHEREAS the Constitutional Debate Co-ordinating Committee benefitted
from the receipt of large volumes of memoranda from Nigerians at home and abroad
and oral presentations at the public hearings at the debate centres throughout the
country and the conclusions arrived thereat and also at various seminars, workshops
and conferences organised and was convinced that the general consensus of
opinion of Nigerians is the desire to retain the provisions of the 1979 Constitution
of the Federal Republic of Nigeria with some amendments ;
AND WHEREAS the Constitutional Debate Co-ordinating Committee has
presented the report of its deliberations to the Provisional Ruling Council ;
AND WHEREAS the Provisional Ruling Council has approved the report,
subject to such amendments as are deemed necessary in the public interest and
for the purpose of promoting the security, welfare and good governance and
fostering the unity and progress of the people of Nigeria with a view to achieving
its objective of handing over an enduring Constitution to the people of Nigeria ;
AND WHEREAS it is necessary, in accordance with the programme on transition
to civil rule, for the Constitution of the Federal Republic of Nigeria 1979, after
necessary amendments and approval by the Provisional Ruling Council, to be
promulgated into a new Constitution for the Federal Republic of Nigeria in order
to give the same force of law with effect from 29th may 1999 :
(ii) Constitution of the Federal Republic of Nigeria
Now therefore, the Federal Government of Nigeria hereby enacts—
1. Promulgation of the Constitution of the Federal Republic of Nigeria 1999.
(1) There shall be for Nigeria a Constitution which shall be as set out in the
Schedule to this Act.
(2) The Constitution set out in the Scedule to this Act shall come into force
on 29 May 1999.
SCHEDULE
(3) Whenever it may hereafter be necessary for the Constitution to be printed
it shall be lawful for the Federal Government Printer to omit all parts of this Act
apart from the Schedule and the Constitution as so printed shall have the force of
law notwithstanding the omission.
Citation. 2. This Act may be cited as the Constitution of the Federal Republic of
etc, Nigeria (Promulgation) Act.
ConstituCtiOonN oSf TthIeT FUeTdeIrOalN R e OpuFb l iTc HofE Nigeria
FEDERAL REPUBLIC OF NIGERIA 1999
ARRANGEMENT OF SECTIONS
Section CHAPTER III
CHAPTER I CITIZENSHIP
25. Citizenship by birth.
GENERAL PROVISIONS 26. Citizenship by registration.
Part I—Federal Republic of Nigeria 27. Citizenship by naturalisation.
28. Dual citizenship.
. 1. Supremacy of the Constitution.
29. Renunciation of citizenship.
2. The Federal Republic of Nigeria.
30. Deprivation of citizenship.
3. States of the Federation and the Federal
31. Persons deemed to be Nigerian citizens.
Capital Territory, Abuja.
32. Power to make regulations.
Part II—Powers of the Federal Republic
of Nigeria. CHAPTER IV
4. Legislative powers. FUNDAMENTAL RIGHTS
5. Executive powers. 33. Right to life.
6. Judicial powers. 34. Right to dignity of human person.
7. Local government system. 35. Right to personal liberty.
8. New States and boundary adjustment, etc. 36. Right to fair hearing.
9. Mode of altering provisions of the 37. Right to private and family life.
Constitution. 38. Right to freedom of thought, conscience
10. Prohibition of State Religion. and religion.
11. Public order and public security. 39. Right to freedom of expression and the
12. Implementation of treaties. press.
CHAPTER II 40. Right to peaceful assembly and
association.
FUNDAMENTAL OBJECTIVES AND 41. Right to freedom of movement.
DIRECTIVE PRINCIPLES OF STATE POLICY. 42. Right to freedom from discrimination.
13. Fundamental obligations of the 43. Right to acquire and own immovable
Government. property anywhere in Nigeria.
14. The Government and the people. 44. Compulsory acquisition of property.
15. Political objectives. 45. Restriction on and derogation from
16. Economic objectives. fundamental rights.
17. Social objectives. 46. Special jurisdiction of High Court and
18. Educational objectives. legal aid.
19. Foreign policy objectives.
CHAPTER V
20. Environmental objectives.
21. Directive on Nigerian cultures. THE LEGISLATURE
22. Obligation of the mass media. Part I—National Assembly
23. National ethics.
A—Composition and Staff of National Assembly
24. Duties of the citizen.
47. Establishment of the National Assembly.
(iii)
Constitution of the Federal Republic of Nigeria
ARRANGEMENT OF SECTIONS—continued
48. Composition of the Senate. E—Powers and Control over Public Funds
49. Composition of the House of 80. Establishment of Consolidated Revenue
Representatives. Fund.
50. President of the Senate and Speaker of 81. Authorisation of expenditure from
the House of Representatives. Consolidated Revenue Fund.
51. Staff of the National Assembly. 82. Authorisation of expenditure in default of
B—Procedure for Summoning and Dissolution of appropriations.
National Assembly 83. Contingencies Fund.
84. Remuneration, etc. of the President and
52. Declaration of assets and liabilities; oaths
certain other officers.
of members.
85. Audit of public accounts.
53. Presiding at sittings of the National
86. Appointment of Auditor-General.
Assembly and at joint sittings.
87. Tenure of office of Auditor-General.
54. Quorum.
88. Power to conduct investigations.
55. Languages.
89. Power as to matters of evidence.
56. Voting.
57. Unqualified person sitting or voting. Part II—House of Assemblyof a State
58. Mode of exercising Federal legislative A—Composition and Staff of House of Assembly
power : general. 90. Establishment of House of Assembly for
59. Mode of exercising Federal legislative each State.
power: money bills. 91. Composition of the House of Assembly.
60. Regulation of procedure. 92. Speaker of House of Assembly.
61. Vacancy or participation of strangers not to 93. Staff of House of Assembly.
invalidate proceedings.
B—Procedure for Summoning and Dissolution of
62. Committees.
House of Assembly
63. Sittings.
94. Declaration of assets and liabilities; oaths
64. Dissolution and issue of proclamations by
of members.
President.
95. Presiding at sittings.
C—Qualifications for Membership of National
96. Quorum.
Assembly and Right of Attendance
97. Languages.
65. Qualifications for election. 98. Voting.
66. Disqualifications. 99. Unqualified person sitting or voting.
67. Right of attendance of President. 100. Mode of exercising legislative power of a
68. Tenure of seat of members. State.
69. Recall. 101. Regulation of procedure.
70. Remuneration. 102. Vacancy or participation of strangers not to
D—Elections to National Assembly invalidate proceedings.
71. Senatorial districts and Federal 103. Committees.
constituencies. 104. Sittings.
72. Size of Senatorial districts and Federal 105. Dissolution and issue of proclamation by
constituencies. Governor.
73. Periodical review of Senatorial districts and C—Qualification for Membership of House of
Federal constituencies. Assembly and Right of Attendance
74. Time when alteration of Senatorial districts 106. Qualifications for election.
or Federal constituencies takes effect. 107. Disqualifications.
75. Ascertainment of population. 108. Right of attendance of Governor.
76. Time of election to the National Assembly. 109. Tenure of seat of members.
77. Direct election and franchise. 110. Recall.
78. Supervision of election. 111. Remuneration.
79. Power of the National Assembly as to
D—Elections to a House of Assembly
determination of certain questions.
112. State constituencies.
(iv)
Constitution of the Federal Republic of Nigeria
ARRANGEMENT OF SECTIONS—continued
113. Size of State constituencies. 145. Acting President during temporary
114. Periodical review of State constituencies. absence of President.
115. Time when alteration of State 146. Discharge of functions of President.
constituencies takes effect. 147. Ministers of Federal Government.
116. Time of elections to Houses of Assembly. 148. Executive responsibilities of Ministers.
117. Direct election and franchise. 149. Declaration of assets and liabilities; oaths
118. Supervision of election. of Ministers.
119. Power of National Assembly as to 150. Attorney-General of the Federation.
determination of certain questions. 151. Special Advisers.
152. Declaration of assets and liabilities; oath
E—Power and Control over Public funds
of Special Adviser.
120. Establishment of Consolidated Revenue
Fund. B—Establishment of Certain Federal
121. Authorisation of expenditure from Executive Bodies
Consolidated Revenue Fund. 153. Federal Commissions and Councils, etc.
122. Authorisation of expenditure in default of 154. Appointment of Chairman and members.
appropriations. 155. Tenure of office of members.
123. Contingencies Fund. 156. Qualification for membership.
124. Remuneration, etc. of the Governor and 157. Removal of members.
certain other officers. 158. Independence of certain bodies.
125. Audit of public accounts. 159. Quorum and decisions
126. Appointment of Auditor-General. 160. Powers and procedure.
127. Tenure of office of Auditor-General. 161. Interpretation.
128. Power to conduct investigations.
C—Public Revenue
129. Power as to matters of evidence.
162. Distributable pool account.
CHAPTER VI 163. Allocation of other revenues.
THE EXECUTIVE 164. Federal grants-in-aid of State revenue.
165. Cost of collection of certain duties.
Part I—Federal Executive
166. Set-off.
A—The President of the Federation 167. Sums charged on Consolidated Revenue
130. Establishment of the office of President. Fund.
131. Qualification for election as President. 168. Provisions with regard to payments.
132. Election of the President: general. D—The Public Service of the Federation
133. Election: single Presidential candidate.
169. Establishment of civil service of the
134. Election: two or more Presidential
Federation.
candidates.
170. Federal Civil Service Commission: power
135. Tenure of office of President.
to delegate functions.
136. Death, etc. of President-elect before oath
171. Presidential appointments.
of office.
172. Code of Conduct.
137. Disqualifications.
173. Protection of pension rights.
138. President: disqualification from other jobs.
174. Public prosecutions.
139. Determination of certain questions
175. Prerogative of mercy.
relating to election.
140. Declaration of assets and liabilities; oaths Part II—State Executive
of President. A—The Governor of a State
141. Establishment of office of Vice-President.
176. Establishment of the office of Governor.
142. Nomination and election of Vice-
177. Qualification for election as Governor.
President.
178. Election of Governor : general.
143. Removal of President from office.
179. Election: single candidate and two or more
144. Permanent incapacity of President or
candidates.
Vice-President.
180. Tenure of office of Governor.
(v)
Constitution of the Federal Republic of Nigeria
ARRANGEMENT OF SECTIONS—continued
181. Death, etc. of Governor-elect before oath B—Nigeria Police Force
of office. 214. Establishment of Nigeria Police Force.
182. Disqualifications. 215. Appointment of Inspector-General and
183. Governor: disqualification from other control of Nigeria Police Force.
jobs. 216. Delegation of powers to the Inspector-
184. Determination of certain questions General of Police.
relating to elections.
C—Armed Forces of the Federation
185. Declaration of assets and liabilities; oaths
of office of Governor. 217. Establishment and composition of the
186. Establishment of the office of Deputy armed forces of the Federation.
Governor. 218. Command and operational use.
187. Nomination and election of Deputy 219. Establishment of body to ensure federal
Governor. character of armed forces.
188. Removal of Governor or Deputy Governor 220. Compulsory military service.
from office. D—Political Parties
189. Permanent incapacity of Governor or
221. Prohibition of political activities by certain
Deputy Governor.
associations.
190. Acting Governor during temporary
222. Restriction on formation of political
absence of Governor.
parties.
191. Discharge of functions of Governor.
223. Constitution and rules of political parties.
192. Commissioners of State Government.
224. Aims and objects.
193. Executive responsibilities of Deputy
225. Finances of political parties.
Governor and Commissioners.
226. Annual report on finances.
194. Declaration of assets and liabilities; oaths
227. Prohibition of quasi-military
of Commissioners.
organisations.
195. Attorney-General of a State.
228. Powers of the National Assembly with
196. Special Advisers.
respect to political parties.
B—Establishment of Certain State Executive 229. Interpretation.
Bodies
CHAPTER VII
197. State Commissions.
198. Appointment of Chairman and members. THE JUDICATURE
199. Tenure of office of members. Part I—Federal Courts
200. Qualification for membership.
A—The Supreme Court of Nigeria
201. Removal of members.
202. Independence of certain bodies. 230. Establishment of the Supreme Court of
203. Quorum and decisions. Nigeria.
204. Powers and procedure. 231. Appointment of Chief Justice of Nigeria
205. Interpretation. and Justices of the Supreme Court.
232. Original jurisdiction.
C—The Public Service of a State
233. Appellate jurisdiction.
206. Establishment of State civil service. 234. Constitution.
207. State Civil Service Commission: power of 235. Finality of determinations.
delegation. 236. Practice and procedure.
208. Appointments by Governor.
B—The Court of Appeal
209. Code of Conduct.
210. Protection of pension rights. 237. Establishment of Court of Appeal.
211. Public prosecutions. 238. Appointment of President and Justices of
212. Prerogative of mercy. the Court of Appeal.
239. Original jurisdiction.
Part III—Supplemental
240. Appellate jurisdiction.
A—National Population Census 241. Appeals as of right from the Federal High
213. National population census. Court or a High Court.
(vi)