CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999

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CHAPTER C12

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999

ARRANGEMENT OF SECTIONS

CHAPTER 1

General Provisions

PART 1

Federal Republic of Nigeria

SECTION

Supremacy of the Constitution.
The Federal Republic of Nigeria.
States of the Federation and the Federal Capital Territory, Abuja.

PART II

Power of the Federal Republic of Nigeria

Legislative powers.
Executive powers.
Judicial powers.
Local government system.
New States and boundary adjustment, etc.
Mode of altering provisions of the Constitution.
Prohibition of State Religion.
Public order and public security.
Implementation of treaties.

CHAPTER II

Fundamental objectives and directive principles of State Policy

Fundamental obligations of the Government.
The Government and the people.
Political objective.
Economic objective.
Social objectives.
Educational objective.
Foreign policy objectives.
Environmental objective.
Directive on Nigerian cultures.
Obligation of the mass media.
National ethics.
Duties of the citizen.

CHAPTER III

Citizenship

Citizenship by birth.
Citizenship by registration.
Citizen by naturalisation.
Dual citizenship.
Renunciation of citizenship.
Deprivation of citizenship.
Persons deemed to be Nigerian citizens.
Power to make regulations.

CHAPTER IV

Fundamental Right

Right to life.
Right to dignity of human person.
Right to personal liberty.
Right to fair hearing.
Right to private and family life.
Right to freedom of thought, conscience and religion.
Right to freedom of expression and the press.
Right to peaceful assembly and association.
Right to freedom of movement.
Right to freedom from discrimination.
Right to acquire and own immovable property anywhere in Nigeria.
Compulsory acquisition of property.
Restriction on and derogation from fundamental rights.
Special jurisdiction of High Court and legal aid.

CHAPTER V

The Legislature

PART 1

National Assembly

Establishment of the National Assembly.
Composition of the Senate.
Composition of the House of Representatives.
President of the Senate and Speaker of the House of Representatives.
Staff of the National Assembly.
Declaration of assets and liabilities; oaths of members.
Presiding at sitting of the National Assembly and at joint sittings.
Quorum.
Languages.
Public prosecutions.
Prerogative of mercy.

PART III

Supplemental

National Population Census.
Establishment of Nigeria Police Force.
Appointment of Inspector-General and control of Nigeria Police Force.
Delegation of powers to the Inspector-General of Police.
Establishment and composition of the armed forces of the Federation.
Command and operational use.
Establishment of body to ensure federal character of armed forces.
Compulsory military service.
Prohibition of political activities by certain associations.
Restriction on Formation of political parties.
Constitution and rules of political parties.
Aims and objective.
Finances of political parties.
Annual report on finance.
Prohibition of quasi-military organisations.
Powers of the National Assembly with respect to political parties.
Interpretation.

CHAPTER VII

The Judicature

PART I

Federal Court

Establishment of the Supreme Court of Nigeria.
Appointment of Chief Justice of Nigeria and Justice of the Supreme Court.
Original Jurisdiction.
Appellate Jurisdiction.
Constitution.
Finality of determination.
Practice and Procedure.
Establishment of the Court of Appeal.
Appointment of President and Justices of the Court of Appeal.
Original jurisdiction.
Appellate jurisdiction.
Appeals of as right from the Federal High Court or a High Court.
Appeals with leave.
Exercise of right to appeal from the Federal High Court or a High Court in civil and criminal matters.
Appeals from Sharia Court of Appeal.
Appeals from Customary Court of Appeal of a State.
Appeals from Code of Conduct Tribunal and other courts and tribunals.
Constitution.
Practice and procedure.
Establishment of the Federal High Court.
Appointment of Chief Judge and Judges of the Federal High Court.
Jurisdiction.
Powers.
Constitution.
Practice and procedure.
Establishment and composition of the High Court of the Federal Capital Territory, Abuja.
Appointment of Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja.
Jurisdiction.
Constitution.
Practice and procedure.
Establishment of the Sharia Court Appeal of the Federal Capital Territory, Abuja.
Appointment of Grand Kadi and Kadis of Sharia Court of Appeal the Federal Capital Territory, Abuja.
Jurisdiction.
Constitution.
Practice and procedure.
Establishment of the Customary Court Appeal of the Federal Capital Territory, Abuja.
Appointment of President and Judges of the Customary Court of Appeal.
Jurisdiction.
Constitution.
Practice and procedure.

PART III

State Courts

Establishment of a High Court for each State.
Appointment of Chief Judge and Judges of the High Court of a State.
Jurisdiction.
Constitution.
Practice and procedure.
Establishment of the Sharia Court Appeal of a State.
Appointment of Grand Kadi and Kadis.
Jurisdiction.
Constitution.
Practice and procedure.
Establishment of the Customary Court Appeal.
Appointment of President and Judges of the Customary Court of Appeal of a State.
Jurisdiction.
Constitution.
Practice and procedure.

PART III

Election Tribunals

Establishment and jurisdiction of election tribunal.

PART IV

Supplemental

Jurisdiction of State courts in respect of Federal causes.
Enforcement of decisions.
Appointment of persons learned in Islamic personal law and Customary law.
Disqualification of certain legal practitioners.
Declaration of assets and liabilities oaths of judiciary officers.
Tenure of office and pension rights of judicial officers.
Removal of judicial officers from office.
Vacancies.
Determination of causes and matters.
Reference of questions of law.
Interpretation.

CHAPTER VIII

Federal Capital Territory, Abuja and General Supplementary Provisions

PART I

Federal Capital Territory, Abuja

Federal Capital Territory, Abuja: ownership of lands.
Capital of the Federation.
Application of Constitution.
Representation in the National Assembly.
Adaptation of certain reference.
Minister of Federal Capital Territory, Abuja.
Administration of the Federal Capital Territory, Abuja.
Establishment of the Judicial Committee of the Federal Capital Territory, Abuja.

PART II

Miscellaneous Provisions

Procedure for declaration of state of emergency.
Resignation.
Restriction on certain citizens.
Restriction on legal proceedings.

PART III

Transitional Provisions and Savings

Citizenship.
Staff of legislative houses.
Standing orders.
Special provisions in respect of first election.
System of revenue allocation.
Debts.
Existing law.
Existing offices, court and authorities.
Succession to property, rights, liabilities and obligations.

PART IV

Interpretation, citation and commencement

Interpretation.
Citation.
Commencement.

SCHEDULES

FIRST SCHEDULE

PART I

States of the Federation

PART II

SECOND SCHEDULE

Legislative powers

PART I

Exclusive Legislative list

PART II

Concurrent Legislative list

PART III

Supplemental and interpretation

THIRD SCHEDULE

PART I

Federal Executive Bodies

PART II

States’ Executive Bodies

PART III

Federal Capital Territory, Abuja Executive Body

FOURTH SCHEDULE

Functions of a local government council

FIFTH SCHEDULE

PART I

Code of conduct for public officers

PART II

Public officers for the purposes of the Code of Conduct

SIXTH SCHEDULE

Composition of Election Tribunals

SEVENTH SCHEDULE

Oaths

CHAPTER C12

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

(29th May, 1999)

[Commencement.]

General provisions

PART 1

Federal Republic of Nigeria

Supremacy of the Constitution

(1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.

(2) The Federal Republic of Nigeria shall not be governed, nor shall any person or group of person take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.

The Federal Republic of Nigeria

(1) Nigeria is one indivisible and indissoluble Sovereign State to be known by the name of the Federal Republic of Nigeria.

(2) Nigeria shall be a Federation consisting of State and a Federal Capital Territory.

States of the Federation and the Federal Capital Territory, Abuja (First schedule)

(1) There shall be thirty-six States in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yoba and Zamfara.

(2) Each State of Nigeria named in the first column of Part I of the First Schedule to this Constitution shall consist of the area shown opposite thereto in the second column of that Schedule.

(3) The headquarters of the Government of each State shall be known as the Capital City of that State as shown in the third column of the said Part I of the First Schedule opposite the State named in the first column thereof.

(4) The Federal Capital Territory, Abuja shall be as defined in Part II of the First Schedule to this Constitution.

(5) The provisions of this Constitution in Part I of Chapter VIII hereof shall, in relation to the Federal Capital Territory, Abuja, have effect in the manner set our thereunder.

(6) There shall be seven hundred and sixty-eight local government areas in Nigeria as shown in the second column of Part I of the First Schedule to this Constitution and six area councils as shown in Part II of that Schedule.

PART II

Powers of the Federal Republic of Nigeria

Legislative Powers (Second Schedule)

(1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall consist of a Senate and a House of Representatives.

(2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

(3) The power of the National Assembly to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Houses of Assembly of States.

(4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the National Assembly shall have power to make laws with respect to the following matters, that is to say—

(a) any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and

(b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

(5) If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other law shall to the extent of the inconsistency be void.

(6) The legislative powers of a State of the Federation shall be vested in the House of Assembly of the State.

(7) The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters, that is to say—

(a) any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution;

(b) any matter included in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to his Constitution to the extent prescribed in the second column opposite thereto; and

(c) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

(8) Save as otherwise provided by the Constitution the exercise of legislative powers by the National Assembly or by a House of Assembly shall be subject to the jurisdiction of courts of law and of judicial tribunals established by law, and accordingly, the National Assembly or a House of Assembly shall not enact any law, that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law.

(9) Notwithstanding the foregoing provisions of this section, the National Assembly or a House of Assembly shall not, in relation to any criminal offence whatsoever, have power to make any law which shall have retrospective effect.

Executive powers

(1) Subject to the provisions of this Constitution, the executive powers of the Federation—

(a) shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or offices in the public service of the Federation; and

(b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws.

(2) Subject to the provisions of this Constitution, the executive powers of a State—

(a) shall be vested in the Governor of that State and may, subject as aforesaid and to the provisions of any Law made by a House of Assembly, be exercised by him either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State; and

(b) shall extend to the execution and maintenance of this Constitution, all laws made by the House of Assembly of the State and to all matters with respect to which the House of Assembly has for the time being power to make laws.

(3) The executive powers vested in a State under subsection (2) of this section shall be so exercised as not to—

(a) impede or prejudice the exercise of the executive powers of the Federation;

(b) endanger any asset or investment of the Government of the Federation in that State; or

(4) Notwithstanding the foregoing provisions of this section—

(a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly sitting in a joint session; and

(b) except with the prior approval of the Senate, no member of the armed forces of the Federation shall be deployed on combat duty outside Nigeria.

(5) Notwithstanding the provisions of subsection (4) of this section, the President, in consultation with the National Defence Council, may deploy members of the armed forces of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger:

Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within fourteen days.

Judicial powers

(1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established, for the Federation.

(2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State.

(3) The courts to which this section relates established by this Constitution for the Federation and for the States, specified in subsection (5) (a) to (f) of this section shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record.

(4) Nothing in the foregoing provisions of this section shall be construed as precluding—

(a) the National Assembly or any House of Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of the High Court;

(b) the National Assembly or any House of Assembly, which does not require it, from abolishing any court which it has power to establish or which it has brought into being.

(5) This section relates to—

(a) the Supreme Court of Nigeria;

(b) the Court of Appeal;

(d) the High Court of the Federal Capital Territory, Abuja;

(e) a High Court of a State;

(f) the Sharia Court of Appeal of the Federal Capital Territory, Abuja;

(g) a Sharia Court of Appeal of a State;

(h) the Customary Court of Appeal of the Federal Capital Territory, Abuja;

(i) a Customary Court if Appeal of a State;

(j) such other courts as may be authorised by law to exercise jurisdiction on matters with respect to which the National Assembly may make laws; and

(k) such other courts as may be authorised by law to exercise jurisdiction at first instance or an appeal on matters with respect to which a House of Assembly may make laws.

(6) The judicial powers vested in accordance with the foregoing provisions of this section—

(a) shall extend, notwithstanding anything to the contrary in this Constitution, to all inherent powers and sanctions of a court of law;

(b) shall extend to all matters between all persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person;

(c) shall not, except as otherwise provided by this Constitution, extend to any issue or question as to whether any act or omission by any authority or person or as to whether any law or any judicial decisions in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution; and

(d) shall not, as from the date when this section comes into force, extend to any action or proceedings relating to any existing law made on or after 15th January, 1966 for determining any issue or question as to the competence of any authority or person to make any such law.

Local government system (Fourth Schedule)

(1) The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall, subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.

(2) The person authorised by law to prescribe the area over which a local government council may exercise authority shall—

(a) define such area as clearly as practicable; and

(b) ensure, to the extent to which it may be reasonably justifiable, that in defining such area regard is paid to—

(i) the common interest of the community in the area;

(ii) traditional association of the community; and

(iii) administrative convenience.

(3) It shall be the duty of a local government council within the Sate to participate in economic planning and development of the area referred to in subsection (2) of this section and to this end an economic planning board shall be established by a Law enacted by the House of Assembly of the State.

(4) The Government of a State shall ensure that every person who is entitled to vote or be voted for at an election to a House of Assembly shall have the right to vote or be voted for at an election to a local government council.

(5) The functions to be conferred by Law upon local government councils shall include those set out in the Fourth Schedule to this Constitution.

(6) Subject to the provisions of this Constitution—

(a) the National Assembly shall make provisions for statutory allocation of public revenue to local government councils in the Federation; and

(b) the House of Assembly of a State shall make provisions for statutory allocation of public revenue to local government councils within the State.

New States and boundary adjustment, etc.

(1) An Act of the National Assembly for the purpose of creating a new State shall only be passed if—

(a) a request, supported by at least two-third majority of members (representing the area demanding the creation of the new State) in each of the following, namely—

(i) the Senate and the House of Representatives;

(ii) the House of Assembly in respect of the area; and

(iii) the local government councils in respect of the area, is received by the National Assembly;

(b) a proposal for the creation of the State is thereafter approved in a referendum by at least two-third majority of the people of the area where the demand for creation of the State originated;

(c) the result of the referendum is then approved by a simple majority of all the States of the Federation supported by a simple majority of members of the Houses of Assembly; and

(d) the proposal is approved by a resolution passed by two-thirds majority of members of each House of the National Assembly.

(2) An Act of the National Assembly for the purpose of boundary adjustment of any existing State shall only be passed if—

(a) a request for the boundary adjustment, supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely—

(i) the Senate and the House of Representatives;

(ii) the House of Assembly in respect of the area; and

(iii) the local government councils in respect of the area, is received by the National Assembly; and

(b) a proposal for the boundary adjustment is approved by—

(i) a simple majority of members of each House of the National Assembly; and

(ii) a simple majority of members of the House of Assembly in respect of the area concerned.

(3) A bill for a Law of a House of Assembly for the purpose of creating a new local government area shall only be passed if—

(a) a request supported by at least two-thirds majority of members (representing the area demanding the creation of the new local government area) in each of the following, namely—

(i) the House of Assembly in respect of the area; and

(ii) the local government councils in respect of the area, is received by the House of Assembly;

(b) a proposal for the creation of the local government area is thereafter approved in a referendum by at least two-thirds majority of the people of the local government area where the demand for the proposed local government area originated;

(c) the result of the referendum is then approved by a simple majority of the members in each local government council in a majority of all the local government councils in the State; and

(d) the result of the referendum is approved by a resolution passed by two-thirds majority of members of the House of Assembly.

(4) A bill for a Law of a House of Assembly for the purpose of boundary adjustment of any existing local government area shall only be passed if—

(a) a request for the boundary adjustment is supported by two-thirds majority of members (representing the area demanding and the area affected by the boundary adjustment) in each of the following, namely—

(i) the House of Assembly in respect of the area, and

(ii) the local government council in respect of the area, is received by the House of Assembly; and

(b) a proposal for the boundary adjustment is approved by a simple majority of members of the House of Assembly in respect of the area concerned.

(5) An Act of the National Assembly passed in accordance with this section shall make consequential provisions with respect to the names and headquarters of the States or local government areas as provided in section 3 of this Constitution and in Parts I and II of the First Schedule to this Constitution.

(6) For the purpose of enabling the National Assembly to exercise the powers conferred upon it by subsection (5) of this section, each House of Assembly shall, after the creation of more local government areas pursuant to subsection (3) of this section, make adequate returns to each House of the National Assembly.

Mode of altering provisions of the Constitution

(1) The National Assembly may, subject to the provisions of this section, alter any of the provisions of this Constitution.

(2) An Act of the National Assembly for the alteration of this Constitution, not being an Act to which section 8 of this Constitution applies, shall not be passed in either House of the National Assembly unless, the proposal is supported by the votes of not less than two-thirds majority of all the member of that House and approved by resolution of the Houses of Assembly of not less than two-third of all the States.

(3) An Act of the National Assembly for the purpose of altering the provisions of this section, section 8 or Chapter IV of this Constitution shall not be passed by either House of the National Assembly unless the proposal is approved by the votes of not less than four-fifths majority of all the members of each House, and also approved by resolution of the Houses of Assembly of not less than two-thirds of all the States.

(4) For the purposes of section 8 of this Constitution and of sub-sections (2) and (3) of this section, the number of members of each House of the National Assembly shall, notwithstanding any vacancy, be deemed to be number of members specified in section 48 and 49 of this Constitution.

Prohibition of State Religion

The Government of the Federation or of a State shall not adopt any religion as State Religion.

Public order and public security

(1) The National Assembly may make laws for the Federation or any part hereof with respect to the maintenance and security of public safety and public order and providing, maintaining and securing of such supplies and services a may be designated by the National Assembly as essential supplies and services.

(2) Nothing in this section shall preclude a House of Assembly from making laws with respect to the matters referred to in this section, including the provision for maintenance and securing of such supplies and services as may be designated by the National Assembly as essential supplies and services.

(3) During any period when the Federation is at war the National Assembly may make such laws for the peace, order and good government of the Federation or any part thereof with respect to matters not included in the exclusive Legislative List as may appear to it to be necessary or expedient for the defence of the Federation.

(4) At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing on that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:

Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.

Implementation of treaties

(1) No treaty between the Federation and any other country shall have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly.

(2) The National Assembly may make laws for the Federation or any part thereof with respect to matters not included in the Exclusive Legislative List for the purpose of implementing a treaty.

(3) A bill for an Act of the National Assembly passed pursuant to the provisions of subsection

(2) of this section shall not be presented to the President for assent, and shall not be enacted unless it is ratified by a majority of all the Houses of Assembly in the Federation.

CHAPTER II

Fundamental objectives and directive principles of State Policy

Fundamental obligations of the Government

It shall be the duty and responsibility of all organs of government and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this Constitution.

The Government and the people

(1) The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice.

(2) It is hereby, accordingly, declared that—

(a) sovereignty belongs to the people of Nigeria from whom government, through this Constitution derives all its powers and authority;

(b) the security and welfare of the people shall be the primary purpose of government; and

(c) the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.

(3) The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional group in that Government or in any of its agencies.

(4) The composition of the Government of a State, a local government council, or any of the agencies of such government or council, and the conduct of the affairs of the government or council or such agencies shall be carried out in such manner as to recognise the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the peoples of the Federation.

Political objective

(1) The motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace and Progress.

(2) Accordingly, national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited.

(3) For the purpose of promoting national integration, it shall be the duty of the State to—

(a) provide adequate facilities for and encourage free mobility of people, goods and services throughout the Federation;

(b) secure full residence rights for every citizen in all parts of the Federation;

(c) encourage inter-marriage among persons from different places of origin, or of different religious, ethnic or linguistic association or ties; and

(d) promote or encourage the formation of association that cut across ethnic, linguistic, religious or other sectional barriers.

(4) The State shall foster a feeling of belonging and of involvement among the various people of the Federation, to the end that loyalty to the nation shall override sectional loyalties.

(5) The State shall abolish all corrupt practices and abuse of power.

Economic objective

(1) The State shall, within the context of the ideals and objectives for which provisions are made in this Constitution—

(a) harness the resources of the nation and promote national prosperity and an efficient, dynamic and self-reliant economy;

(b) control the national economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity;

(c) without prejudice to its right to operate or participate in areas of the economy, other than the majority sectors of the economy, manage and operate the major sectors of the economy;

(d) without prejudice to the right of any person to participate in areas of the economy within the major sector of the economy, protect the right of every citizen to engage in any economic activities outside the major sectors of the economy.

(2) The State shall direct its policy towards ensuring—

(a) the promotion of a planned and balanced economic development;

(b) that the material resources of the nation are harnessed and distributed as best as possible to serve the common good;

(c) that the economic system is not operated in such a manner as to permit the concentration of wealth or the means of production and exchange in the hands of few individuals or of a group; and

(d) that suitable and adequate shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions and unemployment, sick benefits and welfare of the disabled are provided for all citizens.

(3) A body shall be set up by an Act of the National Assembly which shall have power—

(a) to review from time to time, the ownership and control of business enterprises operating in Nigeria and make recommendations to the President on same; and

(b) to administer any law for the regulation of the ownership and control of such enterprises.

(4) For the purposes of subsection (1) of this section—

(a) the reference to the “majority sectors of the economy” shall be construed as a reference to such economic activities as may, from time to time, be declared by are solution of each House of the National Assembly to be managed and operated exclusively by the Government of the Federation; and until a resolution to the contrary is made by the National Assembly, economic activities being operated exclusively by the Government of the Federation on the date immediately preceding the day when this section comes into force, whether directly or through the agencies of a statutory or other corporation or company, shall be deemed to be major sectors of the economy;

(b) “economic activities” includes activities directly concerned with the production, distribution and exchange of wealth or of goods and services; and

Social objectives

(1) The State social order is founded on ideals of Freedom, Equality and Justice.

(2) In furtherance of the social order—

(a) every citizen shall have equality of rights, obligations and opportunities before the law;

(b) the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced;

(d) exploitation of human or natural resources in any form whatsoever for reasons, other than the good of the community, shall be presented; and

(e) the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained.

(3) The State shall direct its policy towards ensuring that—

(a) all citizens, without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment;

(b) conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life;

(d) there are adequate medical and health facilities for all persons;

(e) there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever;

(f) children, young persons and the aged are protected against any exploitation whatsoever, and against moral and material neglect;

(g) provision is made for public assistance in deserving cases or other conditions of need; and

(h) the evolution and promotion of family life is encouraged.

Educational objective

(1) Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.

(2) Government shall promote science and technology.

(3) Government shall strive to eradicate illiteracy; and to this end Government shall as and when practicable provide—

(a) free, compulsory and universal primary education;

(b) free secondary education;

(d) free adult literacy programme.

Foreign policy objectives

The foreign policy objectives shall be—

(a) promotion and protection of the national interest;

(b) promotion of Africa integration and support for Africa unity;

(c) promotion of international co-operation for the consolidation of universal peace and mutual respect among all nations and elimination of discrimination in all its manifestation;

(d) respect for international law and treaty obligations as well as the seeking of settlement of international disputes by negotiation, mediation, conciliation, arbitration and adjudication; and

(e) promotion of a just world economic order.

Environmental objective

The State shall protect and improve the environment and safeguard the water, air and land, forest and wild life of Nigeria.

Directives on Nigerian culture

The State shall—

(a) protect, preserve and promote the Nigerian cultures which enhance human dignity and are consistent with the fundamental objectives as provided in this Chapter; and

(b) encourage development of technological and scientific studies which enhance cultural values.

Obligation of the mass media

The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.

National ethics

The national ethics shall be Discipline, Integrity of Labour, Social Justice, Religious Tolerance, Self-reliance and Patriotism.

Duties of the citizen

It shall be the duty of every citizen to—

(a) abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge, and legitimate authorities;

(b) help to enhance the power, prestige and good name of Nigeria, defend Nigeria and render such national service as may be required;

(c) respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood;

(d) make positive and useful contribution to the advancement, progress and well-being of the community where he resides;

(e) render assistance to appropriate and lawful agencies in the maintenance of law and order; and

(f) declare his income honestly to appropriate and lawful agencies and pay his tax promptly.

CHAPTER III

Citizenship

Citizenship by birth

(1) The following persons are citizens of Nigeria by birth, namely—

(a) every person born in Nigeria before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria:

Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria;

(b) every person born in Nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of Nigeria; and

(2) In this section, “the date of independence” means the 1st of October, 1960.

Citizenship by registration

(1) Subject to the provisions of section 28 of this Constitution a person to whom the provisions of this section apply may be registered as a citizen of Nigeria, if the President is satisfied that—

(a) he is a person of good character;

(b) he has shown a clear intention of his desire to be domiciled in Nigeria; and

(2) The provisions of this section shall apply to—

(a) any woman who is or has been married to a citizen of Nigeria; or

(b) every person of full age and capacity born outside Nigeria any of whose grandparents is a citizen of Nigeria.

Citizenship by naturalisation

(1) Subject to the provisions of section 28 of this Constitution, any person who is qualified in accordance with the provisions of this section may apply to the president for the grant of a certificate of naturalisation.

(2) No person shall be qualified to apply for the grant of a certificate of naturalisation, unless he satisfies the President that—

(a) he is a person of full age and capacity;

(b) he is a person of good character;

(d) he is, in the opinion of the government of the State where he is or he proposes to be resident, acceptable to the local community in which he is to live permanently, and has been assimilated into the way of life of Nigerians in that part of the Federation;

(e) he is a person who has made or is capable of making useful contribution to the advancement, progress and well-being of Nigeria;

(f) he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution; and

(g) he has, immediately preceding the date of his application, either—

(i) resided in Nigeria for a continuous period of fifteen years; or

(ii) resided in Nigeria continuously for a period of twelve months, and during the period of twenty years immediately preceding that period of twelve months has resided in Nigeria for periods amounting in the aggregate to not less than fifteen years.

Dual citizenship

(1) Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than Nigeria, of which he is not a citizen by birth.

(2) Any registration of a person as a citizen of Nigeria or the grant of a certificate of naturalisation to a person who is a citizen of a country other than Nigeria at the time of such registration or grant shall, if he is not a citizen by birth of that other country, be conditional upon effective renunciation of the citizenship or nationality of that other country within a period of not more than twelve months from the date of such registration or grant.

Renunciation of citizen

(1) Any citizen of Nigeria of full age who wishes to renounce his Nigerian citizenship shall make a declaration in the prescribed manner for the renunciation.

(2) The President shall cause the declaration made under subsection (1) of this section to be registered and upon such registration, the person who made the declaration shall cease to be a citizen of Nigeria.

(3) The President may withhold the registration of any declaration made under subsection (1) of this section if—

(a) the declaration is made during any war in which Nigeria is physically involved; or

(b) in his opinion, it is otherwise contrary to public policy.

(4) For the purposes of subsection (1) of this section—

(a) “full age” means the age of eighteen years and above;

(b) any woman who is married shall be deemed to be of full age.

Deprivation of citizenship

(1) The President may deprive a person, other than a person who is a citizen of Nigeria by birth or by registration, of his citizenship, if he is satisfied that such a person has, within a period of seven years after becoming naturalised, been sentenced to imprisonment for a term of not less than three years.

(2) The President shall deprive a person, other than a person who is a citizen of Nigeria by birth, of his citizenship if he is satisfied from the records of proceedings of a court of law or other tribunal, or after due inquiry in accordance with regulations made by him, that—

(a) the person has shown himself by act or speech to be disloyal towards the Federal Republic of Nigeria; or

(b) the person has, during any war in which Nigeria was engaged, unlawfully traded with the enemy or been engaged in or associated with any business that was in the opinion of the President carried on in such a manner as to assist the enemy of Nigeria in that war, or unlawfully communicated with such enemy to the detriment of or with intent to cause damage to the interest of Nigeria.

Persons deemed to be Nigerian citizens

For the purposes of this Chapter, a parent of grandparent of a person shall be deemed to be a citizen of Nigeria if at the time of the birth of that person such parent or grandparent would have possessed that status by birth if he had been alive on the date of independence, and in this section, “the date of independence” has the meaning assigned to it in section 25 (2) of this Constitution.

Power to make regulations

(1) The President may make regulations, not inconsistent with this Chapter, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Chapter, and for granting special immigrant status with full residential rights to non-Nigerian spouses of citizens of Nigeria who do not wish to acquire Nigeria citizenship.

(2) Any regulations made by the President pursuant to the provisions of this section shall be laid before the National Assembly.

CHAPTER IV

Fundamental Right

Right to life

(1) Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.

(2) A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary—

(a) for the defence of any person from unlawful violence or for the defence of property;

(b) in order to effect a lawful arrestor to prevent the escape of a person lawfully detained; or

Right to dignity of human person

(1) Every individual is entitled to respect for the dignity of his person, and accordingly—

(a) no person shall be subjected to torture or to inhuman or degrading treatment;

(b) no person shall be held in slavery or servitude; and

(2) For the purpose of subsection (1) (c) of this section, “forced or compulsory labour” does not include—

(a) any labour required in consequence of the sentence or order of a court;

(b) any labour required of members of the armed forces of the Federation or the Nigeria Police Force in pursuance of their duties as such;

(c) in the case of persons who have conscientious objections to service in the armed forces of the Federation, any labour required instead of such service;

(d) any labour required which is reasonably necessary in the event of any emergency or calamity threatening the life or well-being of the community; or

(e) any labour or service that forms part of—

(i) normal communal or other civic obligations for the well-being of the community;

(ii) such compulsory national service in the armed forces of the Federation as may be prescribed by an Act of the National Assembly; or

(iii) such compulsory national service which forms part of the education and training or citizens of Nigeria as may be prescribed by an Act of the National Assembly.

Right to personal liberty

(1) Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law—

(a) in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty;

(b) by reason of his failure to comply with the order of a court or in order to secure the fulfillment of any obligation imposed upon him by law;

(c) for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence;

(d) in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare;

(e) in the case of persons suffering from infectious or contagious disease, persons of unsound mind, person addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community; or

(f) for the purpose of preventing the unlawful entry of any person into Nigeria or of effecting the expulsion, extradition or other lawful removal from Nigeria of any person or the taking of proceedings relating thereto:

Provided that a person who is charged with an offence and who has been detained in lawful custody awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period or imprisonment prescribed for the offence.

(2) Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.

(3) Any person who is arrested or detained shall be informed in writing within twenty four hours (and in a language that he understands) of the facts and grounds of his arrest or detention.

(4) Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time, and if he is not tried within a period of—

(a) two months from the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail; or

(b) three months from the date of his arrest or detention in the case of a person who has been released on bail, he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonable necessary to ensure that he appears for trial at a later date.

(5) In subsection (4) of this section, the expression “a reasonable time” means—

(a) in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometers, a period of one day; and

(b) in any other case, a period of two days or such longer period as in the circumstance may be considered by the court to be reasonable.

(6) Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in this section, “the appropriate authority or person” means an authority or person specified by law.

(7) Nothing in this section shall be construed—

(a) in relation to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and

(b) as invalidating any law by reason only that it authorises the detention for a period not exceeding three months of a member of the armed forces of the Federation or a member of the Nigeria Police Force in execution of a sentence imposed by an officer of the armed forces of the Federation or of the Nigeria Police Force, in respect of an offence punishable by such detention of which he has been found guilty.

Right to fair hearing

(1) In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.

(2) Without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law—

(a) provides for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and

(b) contains no provisions making the determination of the administering authority final and conclusive.

(3) The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be held in public.

(4) Whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal:

Provided that—

(a) a court or such a tribunal may exclude from its proceedings persons other than the parties thereto or their practitioners in the interest of defence, public safety, public order, public morality, the welfare of persons who have not attained the age of eighteen years, the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interests of justice;

(b) if in any proceedings before a court or such a tribunal, a Minister of the Government of the Federation or a Commissioner of the Government of a State satisfies the court or tribunal that it would not be in the public interest or any matter to be publicly disclosed, the court or tribunal shall make arrangements for evidence relating to that matter to be heard in private and shall take such other action as may be necessary or expedient to prevent the disclosure of the matter.

(5) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty:

Provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of proving particular facts.

(6) Every person who is charged with a criminal offence shall be entitled to—

(a) be informed promptly in the language that he understands and in detail of the nature of the offence;

(b) be given adequate time and facilities for the preparation of his defence;

(d) examine, in person or by his legal practitioners, the witnesses called by the prosecution before any court or tribunal and obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court or tribunal on the same conditions as those applying to the witnesses called by the prosecution; and

(e) have, without payment, the assistance of an interpreter if he cannot understand the language used at the trial of the offence.

(7) When any person is tried for any criminal offence, the court or tribunal shall keep a record of the proceedings and the accused person or any person authorised by him in that behalf shall be entitled to obtain copies of the judgment in the case within seven days of the conclusion of the case.

(8) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence heavier than the penalty in force at the time the offence was committed.

(9) No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence of for a criminal offence having the same ingredients as that offence save upon the order of a superior court.

(10) No person who shows that he has been pardoned for a criminal offence shall again be tried for that offence.

(11) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(12) Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.

Right to private and family life

The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.

Right to freedom of thought, conscience and religion

(1) Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction, ceremony or observance relates to a religion other than his own, or a religion not approved by his parent or guardian.

(3) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.

(4) Nothing in this section shall entitle any person to form, take part in the activity or be a member of a secret society.

Right to freedom of expression and the press

(1) Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

(2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions:

Provided that no person other than the government of the Federation or of a State or any other person or body authorised by the President on the fulfilment of conditions laid down by an Act of the National Assembly, shall own, establish or operate a television or wireless broadcasting for any purpose whatsoever.

(3) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society—

(a) for the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films; or

(b) imposing restrictions upon persons holding office under the government of the Federation or of a State, members of the armed forces of the Federation or members of the Nigeria Police Force or other Government security services or agencies established by law.

Right to peaceful assembly and association

Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests:

Provided that the provisions of this section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission with respect to political parties to which that Commission does not accord recognition.

Right to freedom of movement

(1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom.

(2) Nothing in subsection (1) of this section shall invalidate any law that is reasonable justifiable in a democratic society—

(a) imposing restriction on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or

(b) providing for the removal of any person from Nigeria to any other country to—

(i) be tried outside Nigeria for any criminal offence; or

(ii) undergo imprisonment outside Nigeria in execution of the sentence of a court of law in respect of a criminal offence of which he has been found guilty:

Provided that there is reciprocal agreement between Nigeria and such other country in relation to such matter.

Right to freedom from discrimination

(1) A citizen of Nigeria of a particular community, ethnic group, place or origin, sex, religion or political opinion shall not, by reason only that he is such a person—

(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of the other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or

(b) be accorded either expressly by, or in the practical application of any law in force in Nigeria or any such executive or administrative action, any privilege of advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.

(3) Nothing in subsection (1) of this section shall invalidate any law by reason only that the law imposes restrictions with respect to the appointment of any person to any office under the State or as a member of the armed forces of the Federation or a member of the Nigeria Police Force or to an officer in the service of a body corporate established directly by any law in force in Nigeria.

Right to acquire and own immovable property anywhere in Nigeria

Subject to the provisions of this Constitution, every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria.

Compulsory acquisition of property

(1) No movable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interesting any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by a law that, among other things—

(a) requires the prompt payment of compensation therefor; and

(b) gives to any person claiming such compensation a right of access for the determination of his interest in the property and the amount of compensation to a court of law or tribunal or body having jurisdiction in that part of Nigeria.

(2) Nothing in subsection (1) of this section shall be construed as affecting any general law—

(a) for the imposition of enforcement of any tax, rate of duty;

(b) for the imposition of penalties or forfeitures for the breach of any law, whether under civil process or after conviction for an offence;

(c) relating to leases, tenancies, mortgages, charges, bills of sale or any other rights of obligation arising out of contracts;

(d) relating to the vesting and administration of the property of persons adjudged or otherwise declared bankrupt or insolvent, or persons of unsound mind or deceased persons, and of corporate or unincorporated bodies in the course of being woundup;

(e) relating to the execution of judgments or orders of court;

(f) providing for the taking of possession of property that is in a dangerous state or is injurious to the health of human beings, plants or animals;

(g) relating to enemy property;

(h) relating to trusts and trustees;

(i) relating to limitation of actions;

(j) relating to property vested in bodies corporate directly established by any law in force in Nigeria;

(k) relating to the temporary taking of possession of property for the purpose of any examination, investigation or enquiry;

(l) providing for the carrying out of work on land for the purpose of soil-conservation; or

(m) subject to prompt payment of compensation for damage to buildings, economic trees or crops, providing for any authority or person to enter, survey or dig any land, or to lay, install or erect poles, cables, wires, pipes, or other conductors of structures on any land, in order to provide or maintain the supply or distribution of energy, fuel, water, sewage, telecommunication services or other public facilities or public utilities.

(3) Notwithstanding the foregoing provisions of this section, the entire property in and control of all minerals, mineral oils and natural gas in, under or upon any land in Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the government of the Federation and shall be managed in such manner as may be prescribed by the National Assembly.

Restriction on and derogation from fundamental rights

(1) Nothing in section 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society—

(a) in the interest of defence, public safety, public order, public morality or public health; or

(b) for the purpose of protecting the rights and freedom of other persons.

(2) An Act of the National Assembly shall not be invalidated by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of section 33 or 35 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 33 of this Constitution, except in respect of death resulting from acts of war or authorise any derogation from the provisions of section 36 (8) of this Constitution.

(3) In this section, a “period of emergency” means any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.

Special jurisdiction of High Court and legal aid

(1) Any person who alleges that any of the provisions of this Chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High Court in that State for redress.

(2) Subject to the provisions of this Constitution, a High Court shall have original jurisdiction to hear and determine any application made to it in pursuance of the provisions 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 State of any right to which the person who makes the application may be entitled under this Chapter.

(3) The Chief Justice of Nigeria may make rules with respect to the practice and procedure of a High Court for the purposes of this section.

(4) The National Assembly—

(a) may confer upon a High Court such powers in addition to those conferred by this section as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by this section; and

(b) shall make provisions—

(i) for the rendering of financial assistance to any indigent citizen of Nigeria where his right under this Chapter has been infringed or with a view to enable him to engage the services of a legal practitioner to prosecute his claim; and

(ii) for ensuring that allegations of infringement of such rights are substantial and the requirement or need for financial or legal aid is real.

CHAPTER V

The Legislature

PART 1

National Assembly

A – Composition and Staff of National Assembly

Establishment of the National Assembly

There shall be a National Assembly for the Federation which shall consist of a Senate and a House of Representatives.

Composition of the Senate

The Senate shall consist of three Senators from each State and one from the Federal Capital Territory, Abuja.

Composition of the House of Representatives

Subject to the provisions of this Constitution, the House of Representatives shall consist of three hundred and sixty members representing constituencies of nearly equal population as far as possible, provided that no constituency shall fall within more than one State.

President of the Senate and Speaker of the House of Representatives

(1) There shall be—

(a) a President and a Deputy President of the senate, who shall be elected by the members of that House from among themselves; and

(b) a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by the members of that House from among themselves.

(2) The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office—

(a) if he ceases to be a member of the Senate or of the House of Representatives, as the case may be, otherwise than by reason of a dissolution of the Senate or the House of Representatives; or

(b) when the House of which he was a member first sits after any dissolution of that House; or

(c) if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of the members of that House.

Staff of the National Assembly

There shall be a Clerk to the National Assembly and such other staff as may be prescribed by an Act of the National Assembly, and the method of appointment of the Clerk and other staff of the National Assembly shall be as prescribed by that Act.

B – Procedure for Summoning and Dissolution of National Assembly

Declaration of assets and liabilities; oaths of members

(1) Every member of the Senate or the House of Representatives shall, before taking his seat, declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe in the oath of membership as prescribed in the Seventh Schedule to this Constitution before the President of the Senate or, as the case may be, the Speaker of the House of Representatives, but a member may before taking the oaths take part in the election of a President and a Deputy President of the Senate, as the case may be, or a Speaker and a Deputy Speaker of the House of Representatives.

(2) The President and Deputy President of the Senate and the Speaker and the Deputy Speaker of the House of Representatives shall declare their assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership prescribed as aforesaid before the Clerk of the National Assembly.

Presiding at sitting of the National Assembly and at joint sittings

(1) At any sitting of the National Assembly—

(a) in the case of the Senate, the President of the Senate shall preside, and in his absence the Deputy President shall preside; and

(b) in the case of the House of Representatives, the Speaker of that House shall preside, and in his absence the Deputy Speaker shall preside.

(2) At any joint sitting of the Senate and House of Representatives—

(a) the President of the Senate shall preside, and in his absence the Speaker of the House of Representatives shall preside; and

(b) in the absence of the persons mentioned in paragraph (a) of this subsection, the Deputy President of the Senate shall preside and in his absence the Deputy Speaker of the House of Representatives shall preside.

(3) In the absence of the persons mentioned in the foregoing provisions of this section, such member of the Senate or the House of Representatives or the joint sitting may elect for that purpose shall preside.

Quorum

(1) The quorum of the Senate or of the House of Representatives shall be one-third of all the members of the legislative house concerned.

(2) The quorum of a joint sitting of both the Senate and the House of Representatives shall be one-third of all the members of both Houses.

(3) If objection is taken by any member of the Senate and the House of Representatives present that there are present in the House of which he is a member (besides the person presiding) fewer than one-third of all the members of that House and that it is not competent for the House to transact business, 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-third of all the members of the House, he shall adjourn the House.

(4) The foregoing provisions of this section shall apply in relation to a joint sitting of both Houses of the National Assembly as they apply in relation to a house of the National Assembly as if references to the Senate or the House of Representatives and to a member of either Houses are references to both Houses and to any member of the National Assembly, respectively.

Languages

The business of the National Assembly shall be conducted in English, and in Hausa, Ibo and Yoruba when adequate arrangement have been made therefor.

Voting

(1) Except as otherwise provided by this Constitution, any question proposed for decision in the Senate or the House of Representatives 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 or votes but shall not vote in any other case.

(2) Except as otherwise provided by this Constitution, the required majority for the purpose of determining any question shall be a simple majority.

(3) The Senate or the House of Representatives shall by its rules provide—

(a) that a member of the House shall declare any direct pecuniary interest he may have in any matter coming before the House for deliberation;

(b) that the House may by resolution decide whether or not such member may vote, or participate in its deliberations, on such matter;

(c) the penalty, if any, which the House may impose for failure to declare any direct pecuniary interest such member may have; and

(d) for such other matters pertaining to the foregoing as the House may think necessary, but nothing in the foregoing provisions shall enable any rules to be made to require any member, who signifies his intention not to vote on or participate in such matter and who does not so vote or participate, to declare any such interest.

Unqualified person sitting or voting

Any person who sits or votes in the Senate or the House of Representatives knowing or having reasonable grounds for knowing that he is not entitled to do so commits an offence and is liable on conviction to such punishment as shall be prescribed by an Act of the National Assembly.

Mode of exercising Federal Legislative power general

(1) The power of the National Assembly to make laws shall be exercised by bills passed by both the Senate and the House of Representatives and, except as otherwise provided by subsection (5) of this section, assented to by the President.

(2) A bill may originate in either the Senate or the House of Representatives and shall not become law unless it has been passed and, except as otherwise provided by section 59 of this Constitution, assented to in accordance with the provisions of this section.

(3) Where a bill has been passed by the House in which it originated, it shall be sent to the other House, and it shall be presented to the President for assent when it has been passed by that House and agreement has been reached between the two Houses on any amendment made on it.

(4) Where a bill is presented to the President for assent, he shall within thirty days thereof signify that he assents or that he withholds assent.

(5) Where the President withholds his assent and the bill is again passed by each House by two-third majority, the bill shall become law and the assent of the President shall be required.

Mode of exercising federal legislative power money bill

(1) The provisions of this section shall apply to—

(a) an appropriation bill or supplementary appropriation bill, including any other bill for the payment, issue or withdrawal from the Consolidated Revenue Fund or any other public fund of the Federation of any money charged thereon or any alteration in the amount of such a payment issued or withdrawn; and

(b) a bill for the imposition of or increase in any tax, duty or fee or any reduction, withdrawal thereof.

(2) Where a bill to which this section applies is passed by one of the Houses of the National Assembly but is not passed by the other House within a period of two months from the commencement of a financial year, the President of the Senate shall within fourteen days thereafter arrange for and convene a meeting of the joint finance committee to examine the bill with a view to resolving the difference between the two Houses.

(3) Where the joint finance committee fails to resolve such differences, the bill shall be presented to the National Assembly sitting at a joint meeting, and if the bill is passed at such joint meeting, it shall be presented to the President for assent.

(4) Where the President, within thirty days after the presentation of the bill to him, fails to signify his assent or where he withholds assent, then the bill shall again be presented to the National Assembly sitting at a joint meeting, and if passed by two-thirds majority of members of both Houses at such joint meeting, the bill shall become law and the assent of the President shall not be required.

(5) In this section, “joint finance committee” refers to the joint committee of the National Assembly on finance established pursuant to section 62 (3) of this Constitution.

Regulation of procedure

Subject to the provisions of this Constitution, the Senate or the House of Representatives shall have power to regulate its own procedure, including the procedure for summoning and recess of the House.

Vacancy or participation of strangers not to invalidate proceedings

The Senate or the House of Representatives may act notwithstanding any vacancy in its membership, and the presence of participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.

Committees

(1) The Senate or the House of Representatives may appoint a committee of its members for such special or general purpose as in its opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or otherwise, as it thinks fit, delegate any functions exercisable by it to any such committee.

(2) The number of members of a committee appointed under this section, their terms of office and quorum shall be fixed by the House appointing it.

(3) The Senate and the House of Representatives shall appoint a joint committee on finance consisting of an equal number of persons appointed by each House and may appoint any other joint committee under the provisions of this section.

(4) Nothing in this section shall be construed as authorising such House or delegate to a committee the power to decide whether a bill shall be passed into law or to determine any matter which it is empowered to determine by resolution under the provisions of this Constitution, but the committee may be authorised to make recommendations to the House on any such matter.

The Senate and the House of Representatives shall each sit for a period of not less than one hundred and eighty-one days in a year.
Sittings

(1) The Senate and the House of Representatives shall each stand dissolved at the expiration of a period of four years commencing from the date of the first sitting of the House.

Dissolution and issue of proclamation by President

(2) If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (1) of this section from time to time but not beyond a period of six months at any one time.

(3) Subject to the provisions of this Constitution, the person elected as the President shall have power to issue a proclamation for the holding of the first session of the National Assembly immediately after his being sworn in, or for its dissolution as provided in this section.

C – Qualifications for Membership of National Assembly and Right of Attendance

Qualifications for election

(1) Subject to the provisions of section 66 of this Constitution, a person shall be qualified for election as a member of—

(a) the Senate, if he is a citizen of Nigeria and has attained the age of thirty-five years; and

(b) the House of Representatives, if he is a citizen of Nigeria and has attained the age of thirty years.

(2) A person shall be qualified for election under subsection (1) of this section if—

(a) he has been educated up to at least School Certificate level or its equivalent; and

(b) he is a member of a political party and is sponsored by that party.

Disqualification

(1) No person shall be qualified for election to the Senate or the House of Representatives

if—

(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country;

(b) under any law in force in any art of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind;

(c) he is under a sentence of death imposed on him by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for an offence involving dishonesty or fraud (by whatever name called) or any other offence imposed on him by such a court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court;

(d) within a period of less than ten years before the date of an election to a legislative house, he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of the Code of Conduct;

(e) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria;

(f) he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment thirty days before the date of election;

(g) he is a member of a secret society;

(h) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunal of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government, respectively; or

(i) he has presented a forged certificate to the Independent National Electoral Commission.

(2) Where in respect of any person who has been—

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(d) adjudged or declared bankrupt, any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

(3) For the purposes of subsection (2) of this section, an “appeal” includes any application for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus, or any appeal from any such application.

Right of attendance of President

(1) The President may attend any joint meeting of the National Assembly or any meeting of either House of the National Assembly, either to deliver an address on national affairs, including fiscal measures, or to make such statement on the policy of government as he considers to be of national importance.

(2) A Minister of the Government of the Federation shall attend either House of the National Assembly if invited to explain to the House the conduct of his Ministry, and in particular when the affairs of that Ministry are under discussion.

(3) Nothing in this section shall enable any person who is not a member of the Senate or of the House of Representatives to vote in that House or in any of its committees.

Tenure of seat of members

(1) A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if—

(a) he becomes a member of another legislative house;

(b) any other circumstances arise that, if he were not a member of the Senate or the House of Representatives, would cause him to be disqualified for election as a member;

(d) he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser;

(e) save as otherwise prescribed by this Constitution, he becomes a member of a commission or other body established by this Constitution or by any other law;

(f) without just cause he is absent from meetings of the House of which he is a member for a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year;

(g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected:

Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored; or

(h) the President of the Senate or, as the case may be, the Speaker of the House of Representatives receives a certificate under the hand of the Chairman of the Independent National Electoral Commission stating that the provisions of section 69 of this Constitution have been compiled with in respect of the recall of that member.

(2) The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall give effect to the provisions of subsection (1) of this section, so however that the President of the Senate or the Speaker of the House of Representatives or a member shall first present evidence satisfactory to the House concerned that any of the provisions of that subsection has become applicable in respect of that member.

(3) A member of the Senate or of the House of Representatives shall be deemed to be absent without just cause from a meeting of the House of which he is a member, unless the person presiding certifies in writing that he is satisfied that the absence of the member from the meeting was for a just cause.

Recall

A member of the Senate or of the House of Representatives may be recalled as such a member if—

(a) there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one half of the persons registered to vote in that member’s constituency alleging their loss of confidence in that member; and

(b) the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member’s constituency.

Remuneration

A member of the Senate or of the House of Representatives shall receive such salary and other allowances as the Revenue Mobilisation Allocation and Fiscal Commission may determine.

D – Elections to National Assembly

Senatorial Districts and Federal constituencies

Subject to the provisions of section 72 of this Constitution, the Independent National Electoral Commission shall—

(a) divide such State of the Federation into three Senatorial districts for purposes of elections to the Senate; and

(b) subject to the provisions of section 49 of this Constitution, divide the Federation into three hundred and sixty Federal Constituencies for purposes of elections to the House of Representatives.

Size of Senatorial districts and Federal constituencies

No Senatorial district or Federal constituency shall fall within more than one State, and the boundaries of each district or constituency shall be as contiguous as possible and be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable.

Periodical review of Senatorial districts and Federal constituencies

(1) The Independent National Electoral Commission shall review the division of States and of the Federation into Senatorial districts and Federal constituencies at intervals of not less than ten years, and may alter the districts or constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review.

(2) Notwithstanding subsection (1) of this section, the Independent National Electoral Commission may at any time carry such a review and alter the districts or constituencies in accordance with the provisions of this section to such extent as it considers necessary, in consequence of any amendment to section 3 of this Constitution or any provision replacing that section, or by reason of the holding of a census of the population, or pursuant to an Act of the National Assembly.

Time when alteration of Senatorial districts or Federal constituencies takes effect

Where the boundaries of any Senatorial district or Federal constituency established under section 71 of this Constitution are altered in accordance with the provisions of section 73 hereof, that alteration shall come into effect after it has been approved by each House of the National Assembly and after the current life of the Senate (in the case of an alteration to the boundaries of a Senatorial district) or the House of Representatives (in the case of an alteration to the boundaries of a Federal constituency).

Ascertainment of population

For the purposes of section 72 of this Constitution, the number of inhabitants of Nigeria or any part thereof shall be ascertained by reference to the 1991 census of the population of Nigeria or the latest census held in pursuance of an Act of the National Assembly after the coming into force of the provisions of this Part of this Chapter of this Constitution.

Time of election to the National Assembly

(1) Elections to each House of the National Assembly shall be held on a date to be appointed by the Independent National Electoral Commission.

(2) The date mentioned in subsection (1) of this section shall not be earlier than sixty days before and not later than the date on which the House stands dissolved, or where the election is to fill a vacancy occurring more than three months before such date, not later than one month after the vacancy occurred.

Direct election and franchise

(1) Subject to the provisions of this Constitution, every Senatorial district or Federal constituency established in accordance with the provisions of this Part of this Chapter shall return one member who shall be directly elected to the Senate or the House of Representatives in such manner as may be prescribed by an Act of the National Assembly.

(2) Every citizen of Nigeria, who has attained the age of eighteen years residing in Nigeria at the time of the registration of voters for purposes of election to a legislative house, shall be entitled to be registered as a voter for that election.

Supervision of election

The registration of voters and the conduct of the elections shall be subject to the direction and supervision of the Independent National Electoral Commission.

Power of the National Assembly as to determination of certain questions

The National Assembly shall make provisions as respects—

(a) persons who may apply to an election tribunal for the determination of any question as to whether—

(i) any person has been validly elected as a member of the Senate or of the House of Representatives;

(ii) the term of office of any person has ceased; or

(iii) the seat in the Senate or in the House of Representatives of a member of that House has become vacant;

(b) circumstances and manner in which, and the conditions upon which, such application may be made; and

E – Powers and Control over Public Funds

Establishment of Consolidated Revenue Fund

(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 the National Assembly into any other public fund of the Federation established for a specific purpose) shall be paid into from one Consolidated Revenue Fund of the Federation.

(2) No money 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 where the issue of those moneys has been authorised by an Appropriation Act, Supplementary Appropriation Act or an Act passed in pursuance of section 81 of this Constitution.

Authorisation of expenditure from Consolidated Revenue Fund

(1) The President shall cause to be prepared and laid before each House of the National Assembly at any time 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 of the Federation by this Constitution) shall be included in a bill, to be known as an Appropriation Bill, providing for the issue from the Consolidated Revenue Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

(3) Any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the Federation shall be paid directly to the National Judicial Council for disbursement to the heads of the courts established for the Federation and the State under section 6 of this Constitution.

(4) If in respect of any financial year it is found that—

(a) the amount appropriated by the Appropriation Act for any purpose is insufficient; or

(b) a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Act, a supplementary estimate showing the sums required shall be laid before each House of the National Assembly and the heads of any such expenditure shall be included in a Supplementary Appropriation Bill.

Authorisation of expenditure in default of appropriations

If the Appropriation Bill in respect of any financial year has not been passed into law by the beginning of the financial year, the President 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 of the Federation for a period not exceeding six months or until the coming into operation of the Appropriation Act, whichever is the earlier:

Provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the Federation under the provisions of the Appropriation Act passed by the National Assembly for the corresponding period in the immediately preceding financial year, being an amount proportionate to the total amount to be authorised for the immediately preceding financial year.

Contingencies fund

(1) The National Assembly may by law make provisions for the establishment of a Contingencies Fund for the Federation and for authorising the President, 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 the need.

(2) Where any advance is made in accordance with the provisions of this section, a Supplementary Estimate shall be presented and a Supplementary Appropriation Bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced.

Remuneration, etc., of the President and certain other officers

(1) There shall be paid to the holders of the offices mentioned in this section such remuneration, salaries and allowances as may be prescribed by the National Assembly, but not exceeding the amount as shall have been determined by the Revenue Mobilisation Allocation and Fiscal Commission.

(2) The remuneration, salaries and allowances payable to the holders of the offices so mentioned shall be a charge upon the Consolidated Revenue Fund of the Federation.

(3) The remuneration, salaries payable to the holders of the said officers and their conditions of service, other than allowances, shall not be altered to their disadvantage after their appointment.

(4) The offices aforesaid are the offices of President, Vice-President, Chief Justice of Nigeria, Justice of the Supreme Court, President of the Court of Appeal, Justice of the Court of Appeal, Chief Judge of the Federal High Court, Judge of the Federal High Court, Chief Judge and Judge of the High Court of the Federal Capital Territory, Abuja, Chief Judge of a State, Judge of the High Court of a State, Grand Kadi and Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, President and Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja, Grand Kadi and Kadi of the Sharia Court of Appeal of a State, President and Judge of the Customary Court of Appeal of a State, the Auditor-General for the Federation and the Chairmen and members of the following executive bodies, namely the Code of Conduct Bureau, the Federal Civil Service Commission, the Independent National Electoral Commission, the National Judicial Council, the Federal Judicial Territory, Abuja, the Federal Character Commission, the Code of Conduct Tribunal, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission, the Nigeria Police Council and the Police Service Commission.

(5) Any person who has held office as President or Vice-President shall be entitled to pension for life at a rate equivalent to the annual salary of the incumbent President or Vice- President:

Provided that such a person was not removed from office by the process of impeachment or for breach of any provisions of this Constitution.

(6) Any pension granted by virtue of subsection (5) of this section shall be a charge upon the Consolidated Revenue Fund of the Federation.

(7) The recurrent expenditure of judicial officers in the Federation (in addition to salaries and allowances of the judicial officers mentioned in subsection 94 of this section) shall be a charge upon the Consolidated Revenue Fund of the Federation.

Audit of public account

(1) There shall be an Auditor-General for the Federation who shall be appointed in accordance with the provisions of section 86 of this Constitution.

(2) The public accounts of the Federation and of all offices and courts of the Federation shall be audited and reported on by the Auditor-General who shall submit his reports to the National Assembly; and for that purpose, the Auditor-General or any person authorised by him in that behalf shall have access to all the books, records, returns and other documents relating to those accounts.

(3) Nothing in subsection (2) of this section shall be construed as authorising the Auditor- General to audit the accounts of or appoint auditors for government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an Act of the National Assembly, but the Auditor-General shall—

(a) provide such bodies with—

(i) a list of auditors qualified to be appointed by them as external auditors and from which the bodies shall appoint their external auditors; and

(ii) guidelines on the level of fees to be paid to external auditors; and

(b) comment on their annual accounts and auditor’s reports thereon.

(4) The Auditor-General shall have power to conduct periodic checks of all government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an Act of the National Assembly.

(5) The Auditor-General shall, within ninety days of receipt of the Accountant-General’s financial statement, submit his reports under this section to each House of the National Assembly and each House shall cause the reports to be considered by a committee of the House of the National Assembly responsible for public accounts.

(6) In the exercise of his functions under this Constitution, the Auditor-General shall not be subject to the direction or control of any other authority or person.

Appointment of Auditor-General

(1) The Auditor-General for the Federation shall be appointed by the President on the recommendation of the Federal Civil Service Commission subject to confirmation by the Senate.

(2) The power to appoint persons to act in the office of the Auditor-General shall vest in the President.

(3) Except with the sanction of a resolution of the Senate, no person shall act in the office of the Auditor-General for a period exceeding six months.

Tenure of office of Auditor-General

(1) A person holding the office of the Auditor-General for the Federation shall be removed from office by the President acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(2) The Auditor-General shall not be removed from office before such retiring age as may be prescribed by law, save in accordance with the provisions of this section.

Power to conduct investigation

(1) Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed an investigation into—

(a) any matter of thing with respect to which it has power to make laws; and

(b) the conduct of affairs of any person, authority, Ministry or government department charged, or intended to be charged, with the duty of or responsibility for—

(i) executing or administering laws enacted by the National Assembly; and

(ii) disbursing or administering moneys appropriated or to be appropriated by the National Assembly.

(2) The powers conferred on the National Assembly under the provisions of this section are exercisable only for the purpose of enabling it to—

(a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and

(b) expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.

Powers as to matters of evidence

(1) For the purpose of any investigation under section 88 of this Constitution and subject to the provisions thereof, the Senate or the House of Representatives or a committee appointed in accordance with section 62 of this Constitution shall have power to—

(a) procure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter;

(b) require such evidence to be given on oath;

(c) summon any person in Nigeria to give evidence at any place or produce any document or other things in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and

(d) issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House or the committee in question, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine so imposed shall be recoverable in the same manner as a fine imposed by a court of laws.

(2) A summons or warrant issued under this section may be served or executed by any member of the Nigeria Police Force or by any person authorised in that behalf by the President of the Senate or the Speaker of the House of Representatives, as the case may require.

PART II

House of Assembly of a State

A – Composition and Staff of House of Assembly

Establishment of House of Assembly for each State

There shall be a House of Assembly for each of the States of the Federation.

Composition of the House of Assembly

Subject to the provisions of this Constitution, a House of Assembly of a State shall consist of three or four times the number of seats which that State has in the House of Representatives divided in a way to reflect, as far as possible, nearly equal population:

Provided that a House of Assembly of a State shall consist of not less than twenty-four and not more than forty members.

Speaker of House of Assembly

(1) There shall be a Speaker and a Deputy Speaker of a House of Assembly who shall be elected by the members of the House from among themselves.

(2) The Speaker or Deputy Speaker of the House of Assembly shall vacate his office—

(a) if he ceases to be a member of the House of Assembly, otherwise than by reason of the dissolution of the House;

(b) when the House first sits after any dissolution of the House; or

(c) if he is removed from office by a resolution of the House of Assembly by the votes of not less than two-third majority of the members of the House.

Staff of House of Assembly

There shall be a Clerk to a House of Assembly and such other staff as may be prescribed by a Law enacted by the House of Assembly, and the method of appointment of the Clerk and other staff of the House shall be as prescribed by that Law.

B – Procedure for Summoning and Dissolution of House of Assembly

Declaration of assets and liabilities, oaths of members

Every person elected to a House of Assembly shall, before taking his seat in that House, declare his assets and liabilities in the manner prescribed in this Constitution and subsequently take and subscribe before the Speaker of the House, the Oath of Allegiance and oath of membership prescribed in the Seventh Schedule to this Constitution, but a member may, before taking the oaths, take part in the election of the Speaker and Deputy Speaker of the House of Assembly.

(2) The Speaker and Deputy Speaker of a House of Assembly shall declare their assets and liabilities in the manner prescribed by this Constitution and subsequently take and subscribe the Oath of Allegiance and oath of membership prescribed as aforesaid before the Clerk of the House of Assembly.

Presiding at meetings

(1) At any sitting of a House of Assembly, the Speaker of that House shall preside, and in his absence the Deputy Speaker shall preside.

(2) In the absence of the Speaker and Deputy Speaker of the House, such member of the House as the House may elect for that purpose shall preside.

Quorum

(1) The quorum of a House of Assembly shall be one-third of all the members of the House.

(2) If objection is taken by any member of a House of Assembly present that there are present in that House (besides the person presiding) fewer than one-third of all the members of that House and that it is not competent for the House to transact business, 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-third of all the members of the House, he shall adjourn the House.

Languages

The business of a house of Assembly shall be conducted in English, but the House may in addition to English conduct the business of the House in one or more languages spoken in the State, as the House may by resolution approve.

Voting

(1) Except as otherwise provided by this Constitution, any question proposed for decision in a House of Assembly 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) Except as otherwise provided by this Constitution, the required majority for the purpose of determining any question shall be a simple majority.

(3) A House of Assembly shall by its rules provide—

(a) that a member of the House shall declare any direct pecuniary interest he may have in any matter coming before the House for deliberation;

(b) that the House may by resolution decide whether or not such member may vote, or participate in its deliberations, on such matter;

(c) the penalty, if any, which the House may impose for failure to declare any direct pecuniary interest such member may have; and

(d) for such other matters pertaining to the foregoing as the House may think necessary, but nothing in this subsection shall enable any rules to require any member, who signifies his intention not to vote on or participate in such matter and who does not so vote or participate, to declare any such interest.

Unqualified person sitting or voting

Any person who sits or votes in a House of Assembly of a State knowing or having reasonable grounds for knowing that he is not entitled to do so commits an offence and is liable on conviction to such punishment as shall be prescribed by a Law of the House of Assembly.

Mode of exercising legislative power of a State

(1) The power of a House of Assembly to make laws shall be exercised by bills passed by the House of Assembly and, except as otherwise provided by this section, assented to by the Governor.

(2) A bill shall not become Law unless it has been passed and subject to subsection (1) of this section, assented to in accordance with the provisions of this section.

(3) Where a bill has been passed by the House of Assembly, it shall be presented to the Governor for assent.

(4) Where a bill is presented to the Governor for assent, he shall within thirty days thereof signify that he assents or that he withholds assent.

(5) Where the Governor withholds assent and the bill is again passed by the House of Assembly by two-third majority, the bill shall become law and the assent of the Governor shall be required.

Regulation of procedure

Subject to the provisions of this Constitution, a House of Assembly shall have power to regulate its own procedure, including the procedure for summoning and recess of the House.

Vacancy or participation of strangers not to invalidate proceedings

A House of Assembly may act notwithstanding any vacancy in its membership, and the presence of participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate such proceedings.

Committees

(1) A House of Assembly may appoint a committee of its members for such special or general purpose as in its opinion would be better regulated and managed by means of such a committee, and may by resolution, regulation or otherwise, as it thinks fit, delegate any functions exercisable by it to any such committee.

(2) The number of members of a committee appointed under this section, their terms of office and quorum shall be fixed by the House of Assembly.

(3) Nothing in this section shall be construed as authorising a House of Assembly to delegate to a committee the power to decide whether a bill shall be passed into Law or to determine any matter which it is empowered to determine by resolution under the provisions of this Constitution, but such a committee of the House may be authorised to make recommendations to the House on any such matter.

Sittings

A House of Assembly shall sit for a period of not less than one hundred and eighty-one days in a year.

Dissolution and issue of proclamation by Governor

(1) A House of Assembly shall stand dissolved at the expiration of a period of four years commencing from the date of the first sitting of the House.

(3) Subject to the provisions of this Constitution, the person elected as the Governor of a State shall have power to issue a proclamation for the holding of the first session of the House of Assembly of the State concerned immediately after his being sworn in, or for its dissolution as provided in this section.

C – Qualifications for Membership of House of Assembly and Right of Attendance

Qualifications for election

Subject to the provisions of section 107 of this Constitution, a person shall be qualified for election as a member of a House of Assembly if—

(a) he is a citizen of Nigeria;

(b) he has attained the age of thirty years;

(d) he is a member of a political party and is sponsored by that party.

Disqualification

(1) No person shall be qualified for election to a House of Assembly if—

(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in each cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such a country;

(b) 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) he is under a sentence of death imposed on him by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for an offence involving dishonesty of fraud (by whatever named called) or any other offence imposed on him by such a court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal;

(d) within a period of less than ten years before the date of an election to the House of Assembly, he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of the Code of Conduct;

(e) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Nigeria;

(f) he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment thirty days before the date of election;

(g) he is a member of any secret society;

(h) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government, respectively; or

(i) he has presented a forged certificate to the Independent National Electoral Commission.

(2) Where in respect of any person who has been—

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(d) adjudged or declared bankrupt,

any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

Right of attendance of Governor

(1) The Governor of a State may attend a meeting of a House of Assembly of the State either to deliver an address on State affairs, or to make such statement on the policy of government as he considers to be of importance to the State.

(2) A Commissioner of the Government of a State shall attend the House of Assembly if invited to explain to the House of Assembly the conduct of his Ministry, and in particular when the affairs of that Ministry are under discussion.

(3) Nothing in this section shall enable any person who is not a member of a House of Assembly to vote in that House or in any of its committees.

Tenure of seat of members

(1) A member of a House of Assembly shall vacate his seat in the House if—

(a) he becomes a member of another legislative house;

(b) any other circumstances arise that, if he were not a member of that House, would cause him to be disqualified for election as a member;

(d) he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser;

(e) save as otherwise prescribed by this Constitution, be comes a member of a commission or other body established by this Constitution or by any other law;

(f) without just cause he is absent from meetings of the House of Assembly for a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year;

(g) being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected:

Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties of factions by one of which he was previously sponsored; or

(h) the Speaker of the House of Assembly receives a certificate under the hand of the Chairman of the Independent National Electoral Commission stating that the provisions of section 110 of this Constitution have been compiled with in respect of the recall of that member.

(2) The Speaker of the House of Assembly, shall give effect to subsection (1) of this section, so however that the Speaker or a member shall first present evidence satisfactory to the House that any of the provisions of that subsection has become applicable in respect of that member.

(3) A member of a House of Assembly shall be deemed to be absent without just cause from a meeting of the House of Assembly unless the person presiding certifies in writing that he is satisfied that the absence of the member from the meeting was for a just cause.

Recall

A member of the House of Assembly may be recalled as such a member if—

(b) the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of the receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member’s constituency.

Remuneration

A member of the House of Assembly shall receive such salary and other allowances as the Revenue Mobilisation Allocation and Fiscal Commission may determine.

D – Elections to a House of Assembly

State constituencies

Subject to the provisions of sections 91 and 113 of this Constitution, the Independent National Electoral Commission shall divide every State in the Federation into such number of State constituencies as is equal to three times the number of Federal constituencies within the State.

Size of State constituencies

The boundaries of each State constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as to reasonably practicable.

Periodical review of State constituencies

(1) The Independent National Electoral Commission shall review the division of States into constituencies at intervals of not less than ten years, and may alter such constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review.

(2) The Independent National Electoral Commission 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 alteration of the boundaries of the State or by reason of the holding of a census of the population, of Nigeria in pursuant to an Act of the National Assembly.

Time when alteration of State constituencies takes effect

Where the boundaries of any State constituency established under section 112 of this Constitution are altered in accordance with the provisions of section 114 of this Constitution, the alteration shall come into effect after it has been approved by the National Assembly and after the current life of the House of Assembly.

Time of elections to Houses of Assembly

(1) Elections to the House of Assembly shall be held on a date to be appointed by the Independent National Electoral Commission.

(2) The date mentioned in subsection (1) of this section shall not be earlier than sixty days before and not later than the date on which the House of Assembly stands dissolved, or where the election is to fill a vacancy occurring more than three months before such date, not later than one month after the vacancy occurred.

Direct election and franchise

(1) Subject to the provisions of this Constitution, every State constituency established in accordance with the provisions of this Part of this Chapter shall return one member who shall be directly elected to a House of Assembly in such manner as may be prescribed by an Act of the National Assembly.

(2) Every citizen of Nigeria, who has attained the age of eighteen years residing in Nigeria at the time of the registration of voters for purposes of election to any legislative house, shall be entitled to be registered as a voter for that election.

Supervision of election

The registration of voters and the conduct of the elections shall be subject to the direction and supervision of the Independent National Electoral Commission.

Power of the National Assembly as to determination of certain questions

The National Assembly shall make provisions as respects—

(a) persons who may apply to an election tribunal for the determination of any question as to whether—

(i) any person has been validly elected as a member of a House of Assembly;

(ii) the term of office of any person has ceased; or

(iii) the seat in the House of Assembly of a member of that House has become vacant;

(b) circumstances and manner in which, and the conditions upon which, such application may be made; and

E – Powers and Control over Public Funds

Establishment of Consolidated Revenue Fund

(1) All revenues or other moneys raised or received by the State (not being revenues or other moneys payable under this Constitution or any Law of the House of Assembly into any other public fund of the State established for a specific purpose) shall be paid into and from one Consolidated Revenue Fund of the State.

(2) No money shall be withdrawn from the Consolidated Revenue Fund of the State except to meet expenditure that is charged upon the Fund by this Constitution or where the issue of those moneys has been authorised by an Appropriation Law, Supplementary Appropriation Law or Law passed in pursuance of section 121 of this Constitution.

(3) No moneys shall be withdrawn from any public fund of the State, other than the Consolidated Revenue Fund of the State, unless the issue of those moneys has been authorised by a Law of the House of Assembly of the State.

(4) No moneys shall be withdrawn from the Consolidated Revenue Fund of the State or any other public fund of the State except in the manner prescribed by the House of Assembly.

Authorisation of expenditure from Consolidated Revenue Fund

(1) The Governor shall cause to be prepared and laid before the House of Assembly at any time before the commencement of each financial year estimates of the revenues and expenditure of the State for the next following financial year.

(2) The heads of expenditure contained in the estimates, other than expenditure charged upon the Consolidated Revenue Fund of the State by this Constitution, shall be included in a bill, to be known as an Appropriation Bill, providing for the issue from the Consolidated Revenue Fund of the State of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

(3) Any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the head of the courts concerned.

(4) If in respect of any financial year, it is found that—

(a) the amount appropriated by the Appropriation Law for any purpose is insufficient; or

(b) a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Law, a supplementary estimate showing the sums required shall be laid before each House of Assembly and the heads of any such expenditure shall be included in a Supplementary Appropriation Bill.

Authorisation of expenditure in default of appropriations

If the Appropriation Bill in respect of any financial year has not been passed into Law by the beginning of the financial year, the Governor may authorise the withdrawal of moneys from the Consolidated Revenue Fund of the State for the purpose of meeting expenditure necessary to carry on the services of the Government of a period not exceeding six months or until the coming into operation of the Law, whichever is the earlier:

Provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the State under the provisions of the Appropriation Law passed by the House of Assembly for the corresponding period in the immediately preceding financial year, being an amount proportionate to the total amount so authorised for the immediately preceding financial year.

Contingencies fund

(1) The House of Assembly may by Law make provisions for the establishment of a Contingencies Fund for the State and for authorising the Governor, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet the need.

Remuneration, etc., of the Governor and certain other officers

(1) There shall be paid to the holders of the offices mentioned in this section such remuneration, salaries and allowances as may be prescribed by the House of Assembly, but not exceeding the amount as shall have been determined by the Revenue Mobilisation Allocation and Fiscal Commission.

(2) The remuneration, salaries and allowances payable to the holders of the offices so mentioned shall be a charge upon the Consolidated Revenue Fund of the Federation.

(3) The remuneration, salaries and allowances payable to the holders of the said offices and their conditions of service, other than allowances, shall not be altered to their disadvantage after their appointment.

(4) The offices aforesaid are the offices of Governor, Deputy Governor, Auditor-General for a State and the Chairman and members of the following bodies, that is to say, the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission.

(5) Provisions may be made by Law of a House of Assembly for the grant of a pension or gratuity to or in respect of a person who had held office as Governor or Deputy Governor and was not removed from office as a result of impeachment, and any pension granted by virtue of any provision made in pursuance of this subsection shall be a charge upon the Consolidated Revenue Fund of the State.

Audit of public account

(1) There shall be an Auditor-General for each State who shall be appointed in accordance with the provisions of section 126 of this Constitution.

(2) The public accounts of a State and of all offices and courts of the State shall be audited by the Auditor-General for the State who shall submit his reports to the House of Assembly of the State concerned; and for that purpose, the Auditor-General or any person authorised by him in that behalf shall have access to all the books, records, returns and other documents relating to those accounts.

(a) provide such bodies with—

(i) a list of auditors qualified to be appointed by them as external auditors and from which the bodies shall appoint their external auditors; and

(ii) a guideline on the level of fees to be paid to external auditors; and

(b) comment on their annual accounts and auditor’s reports thereon.

(4) The Auditor-General for the State shall have power to conduct periodic checks of all government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by a Law of the House of Assembly of a State.

(5) The Auditor-General for a State shall, within ninety days of receipt of the Accountant- General’s financial statement and annual accounts of the State, submit his reports to the House of Assembly of the State and the House shall cause the reports to be considered by a committee of the House responsible for public accounts.

(6) In the exercise of his functions under this Constitution, the Auditor-General for a State shall not be subject to the direction or control of any other authority or person.

Appointment of Auditor-General

(1) The Auditor-General for State shall be appointed by the Governor of the State on the recommendation of the State Civil Service Commission subject to confirmation by the House of Assembly of the State.

(2) The power to appoint persons to act in the office of the Auditor-General for a State shall vest in the Governor.

(3) Except with the sanction of a resolution of the House of Assembly of a State, no person shall act in the office of the Auditor-General for a State for a period exceeding six months.

Tenure of office of Auditor-General

(1) A person holding the office of the Auditor-General under section 126 (1) of this Constitution shall be removed from office by the Governor of the State acting on an address supported by two-thirds majority of the House of Assembly praying that he be so removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(2) The Auditor-General shall not be removed from office before such retiring age as may be prescribed by law, save in accordance with the provisions of this section.

Power to conduct investigation

(1) Subject to the provisions of this Constitution, a House of Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the State to direct or cause to be directed an inquiry or investigation into—

(a) any matter or thing with respect to which it has power to make laws; and

(b) the conduct of affairs of any person, authority, Ministry or government department charged, or intended to be charged, with the duty of or responsibility for—

(i) executing or administering laws enacted by that House of Assembly; and

(ii) disbursing or administering moneys appropriated or to be appropriated by such House.

(2) The powers conferred on a House of Assembly under the provisions of this section are exercisable only for the purpose of enabling the House to—

(a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and

(b) expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.

Power as to matters of evidence

(1) For the purposes of any investigation under section 128 of this Constitution and subject to the provisions thereof, a House of Assembly or a committee appointed in accordance with section 103 of this Constitution shall have power to—

(b) require such evidence to be given on oath;

(c) summon any person in Nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and

(d) issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House of Assembly or the committee, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons and also to impose such fine as may be prescribed for any such failure, refusal or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.

(2) A summons or warrant issued under this section may be served or executed by any member of the Nigeria Police Force or by any person authorised in that behalf by the Speaker of the House of Assembly of the State or Representatives, as the case may require.

CHAPTER VI

The Executive

PART I

Federal Executive

A – The President of the Federation

Establishment of the office of President

(1) There shall be established for the Federation a President.

(2) The President shall be the Head of State and the Chief Executive of the Federation.

Qualification for election as President

A person shall be qualified for election to the office of President if—

(a) he is a citizen of Nigeria by birth;

(b) he has attained the age of forty years;

(d) he has been educated up to at least School Certificate level or its equivalent.

Election of the President: General

(1) An election to the office of President shall be held on a date to be appointed by the Independent National Electoral Commission.

(2) An election to the said office shall be held on a date not earlier than sixty days and not later than thirty days before the expiration of the term of office of the last holder of that office.

(3) Where in an election to the office of President one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission shall extend the time for nomination.

(4) For the purpose of an election to the office of President, the whole of the Federation shall be regarded as one constituency.

(5) Every person who is registered to vote at an election of a member of a legislative House shall be entitled to vote at an election to the office of President.

Election: single presidential candidate

A candidate for an election to the office of President shall be deemed to have been duly elected to such office where, being the only candidate nominated for the election—

(a) he has a majority of YES votes over NO votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja, but where the only candidate fails to be elected in accordance with this section, then there shall be fresh nominations.

Election: two or more presidential candidates

(1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election—

(a) he has the majority of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

(2) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election—

(a) he has the highest number of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

(3) In default of a candidate duly elected in accordance with subsection (2) of this section, there shall be a second election in accordance with subsection (4) of this section at which the only candidate shall be—

(a) the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and

(b) one among the remaining candidates who has a majority of votes in the highest number of States, so however that where there are more than one candidate with a majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election.

(4) In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within seven days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of President if—

(a) he has a majority of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

(5) In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall, within seven days of the result of the election held under the aforesaid subsection (4), arrange for another election between the two candidates to which the subsection relates and a candidate at such election shall be deemed to have been duly elected to the office of President if he has a majority of the votes cast at the election.

Tenure of office of President

(1) Subject to the provisions of this Constitution, a person shall hold the office of President until—

(a) his successor in office takes the oath of that office;

(b) he dies whilst holding such office; or

(d) he otherwise ceases to hold office in accordance with the provisions of this Constitution.

(2) Subject to the provisions of subsection (1) of this section, the President shall vacate his office at the expiration of a period of four years commencing from the date, when—

(a) in the case of a person first elected as President under this Constitution, he took the Oath of Allegiance and the oath of office; and

(b) in any other case, the person last elected to that office under this Constitution took the Oath of Allegiance and oath of office or would, but for his death, have taken such oaths.

(3) If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time.

Death, etc., of President-elect before oath of office

(1) If a person duly elected as President dies before taking and subscribing the Oath of Allegiance and oath of office, or is for any reason whatsoever unable to be sworn in, the person elected with him as Vice-President shall be sworn in as President and he shall nominate a new Vice-President who shall be appointed by the new President with the approval by a simple majority of the National Assembly at a joint sitting.

(2) Where the persons duly elected as President and Vice-President die or are unable for any reason whatsoever to assume office before the inauguration of the National Assembly, the Independent National Electoral Commission shall immediately conduct an election for a President and the Vice-President.

Disqualifications

(1) A person shall not be qualified for election to the office of President if—

(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or

(b) he has been elected to such office at any two previous elections; or

(d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for any offence involving dishonesty or fraud (by whatever name called) or for any other offence, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or

(e) within a period of less than ten years before the date of the election to the office of President he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the Code of Conduct; or

(f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria or any other country; or

(g) being a person employed in the civil or public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election; or

(h) he is a member of any secret society; or

(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government, respectively; or

(j) he has presented a forged certificate to the Independent National Electoral Commission.

(2) Where in respect of any person who has been—

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(d) adjudged or declared bankrupt,

President: disqualification from other jobs

The President shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever.

Determination of certain questions relating to election

The National Assembly shall by an Act make provisions as respects—

(a) persons who may apply to the Court of Appeal for the determination of any question as to whether—

(i) any person has been validly elected to the office of President or Vice- President;

(ii) the term of office of the President or Vice-President has ceased; or

(iii) the office of the President or Vice-President has become vacant;

(b) circumstances and manner in which, and the conditions upon which such application may be made; and

Declaration of assets and liabilities; oaths of President

(1) A person elected to the office of President shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed in this Constitution and he has taken and subscribed the Oath of Allegiance and the oath of office prescribed in the Seventh Schedule to this Constitution.

[Seventh Schedule.]

(2) The oaths aforesaid shall be administered by the Chief Justice of Nigeria or the person for the time being appointed to exercise the functions of that office.

Establishment of office of Vice-President

There shall be established for the Federation a Vice-President.

Nomination and election of Vice-President

(1) In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid.

(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualification, declaration of assets and liabilities and oaths of President shall apply in relation to the office of Vice-President as if references to President were references to Vice-President.

Removal of President from office

(1) The President or Vice-President may be removed from office in accordance with the provisions of this section.

(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly—

(a) is presented to the President of the Senate;

(b) stating that the holder of the office of President or Vice-President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified, the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly.

(3) Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated.

(4) A motion of the National Assembly that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each House of the National Assembly.

(5) Within seven days of the passing of a motion under the foregoing provisions, the Chief Justice of Nigeria shall at the request of the President of the Senate appoint a panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative House or political party, to investigate the allegation as provided in this section.

(6) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the panel by legal practitioners of his own choice.

(7) A panel appointed under this section shall—

(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the National Assembly; and

(b) within three months of its appointment report its findings to each House of the National Assembly.

(8) Where the panel reports to each House of the National Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.

(9) Where the report of the panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report, each House of the National Assembly shall consider the report, and if by a resolution of each House of the National Assembly, supported by not less than two-thirds majority of all its members, the report of the panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

(10) No proceedings or determination of the panel or of the National Assembly or any matter relating thereto shall be entertained or questioned in any court.

(11) In this section—

“gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.

Permanent incapacity of President or Vice-President

(1) The President or Vice-President shall cease to hold office, if—

(a) by a resolution passed by two-thirds majority of all the members of the Executive Council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and

(b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.

(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the official Gazette of the Government of the Federation.

(3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.

(4) The medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria—

(a) one of whom shall be the personal physician of the holder of the office concerned; and

(b) four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions.

(5) In this section, the reference to “executive council of the Federation” is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct.

Acting President during temporary absence of President

Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to them a written declaration to the contrary, such functions shall be discharged by the Vice-President as Acting President.

Discharge of functions of President

(1) The Vice-President shall hold the office of President if the office of President becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 or 144 of this Constitution.

(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.

(3) Where the office of Vice-President becomes vacant—

(a) by reason of death or resignation, impeachment, permanent incapacity or removal in accordance with section 143 or 144 of this Constitution;

(b) by his assumption of the office of President in accordance with subsection (1) of this section; or

(c) for any other reason, the President shall nominate and, with the approval of each House of the National Assembly, appoint a new Vice-President.

Ministers of Federal Government

(1) There shall be such offices of Ministers of the Government of the Federation as may be established by the President.

(2) Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President.

(3) Any appointment under subsection (2) of this section by the President shall be in conformity with the provisions of section 14 (3) of this Constitution:

Provided that in giving effect to the provisions aforesaid, the President shall appoint at least one Minister from each State, who shall be an indigene of such State.

(4) Where a member of the National Assembly or of a House of Assembly is appointed as Minister of the Government of the Federation, he shall be deemed to have resigned his membership of the National Assembly or of the House of Assembly on his taking the oath of office as Minister.

(5) No person shall be appointed as a Minister of the Government of the Federation unless he is qualified for election as a member of the House of Representatives.

(6) An appointment to any of the offices aforesaid shall be deemed to have been made where no return has been received from the Senate within twenty-one working days of the receipt of nomination by the Senate.

Executive responsibilities of Ministers

(1) The President may, in his discretion, assign to the Vice-President or any Minister of the Government of the Federation, responsibility for any business of the Government of the Federation, including the administration of any department of government.

(2) The President shall hold regular meetings with the Vice-President and all the Ministers of the Government of the Federation for the purposes of—

(a) determining the general direction of domestic and foreign policies of the Government of the Federation;

(b) co-ordinating the activities of the President, the Vice-President and the Ministers of the Government of the Federation in the discharge of their executive responsibilities; and

(c) advising the President generally in the discharge of his executive functions other than those functions with respect to which he is required by this Constitution to seek the advice or act on the recommendation of any other person or body.

Declaration of assets and liabilities; oaths of Ministers

A Minister of the Government of the Federation shall not enter upon the duties of his office, unless he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the oath for the due execution of the duties of his office prescribed in the Seventh Schedule to this Constitution.

[Seventh Schedule.]

Attorney-General of the Federation

(1) There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation.

(2) A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of the Federation unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for not less than ten years.

Special Advisers

(1) The President may appoint any person as a Special Adviser to assist him in the performance of his functions.

(2) The number of such Advisers and their remuneration and allowances shall be as prescribed by law or by resolution of the National Assembly.

(3) Any appointment made pursuant to the provisions of this section shall be at the pleasure of the President and shall cease when the President ceases to hold office.

Declaration of assets and liabilities: Oath of Special Adviser

A person appointed as Special Adviser under section 151 of this Constitution shall not begin to perform the functions of his office until he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and oath of office prescribed in the Seventh Schedule to this Constitution.

[Seventh Schedule.]

B – Establishment of certain Federal executive bodies

Federal Commissions and Councils, etc.

(1) There shall be established for the Federation the following bodies, namely—

(a) Code of Conduct Bureau;

(b) Council of State;

(d) Federal Civil Service Commission;

(e) Federal Judicial Service Commission;

(f) Independent National Electoral Commission;

(g) National Defence Council;

(h) National Economic Council;

(i) National Judicial Council;

(j) National Population Commission;

(k) National Security Council;

(l) Nigeria Police Council;

(m) Police Service Commission; and

(n) Revenue Mobilisation Allocation and Fiscal Commission.

(2) The composition and powers of each body established by subsection (1) of this section are as contained in Part I of the Third Schedule to this Constitution.

[Part I. Third Schedule.]

Appointment of chairman and members

(1) Except in the case of ex officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the President and the appointment shall be subject to confirmation by the Senate.

(2) In exercising his powers to appoint a person as Chairman or member of the Council of State or the National Defence Council or the National Security Council, the President shall not be required to obtain the confirmation of the Senate.

(3) In exercising his powers to appoint a person as Chairman or member of the Independent National Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State.

Tenure of office of members

(1) A person who is a member of any of the bodies established as aforesaid shall, subject to the provisions of this Part, remain a member thereof—

(a) in the case of an ex officio member, whilst he holds the office by virtue of which he is a member of the body;

(b) in the case of a person who is a member by virtue of his having previously held an office, for the duration of his life; and

(c) in the case of a person who is a member otherwise than as ex officio member or otherwise than by virtue of his having previously held an office, for a period of five years from the date of his appointment.

(2) A member of any of the bodies shall cease to be a member if any circumstances arise that, if he were not a member of the body, would cause him to be disqualified for appointment as such a member.

Qualification for membership

(1) No person shall be qualified for appointment as a member of any of the bodies aforesaid if—

(a) he is not qualified or if he is disqualified for election as a member of the House of Representatives;

(b) within the preceding ten years, he has been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct.

(2) Any person employed in the public service of the Federation shall not be disqualified for appointment as Chairman or member of any of such bodies:

Provided that where such person has been duly appointed he shall, on his appointment, be deemed to have resigned his former office as from the date of the appointment.

(3) No person shall be qualified for appointment to any of the bodies aforesaid if, having previously been appointed as a member otherwise than as an ex officio member of that body, he has been re-appointed for a further term as a member of the same body.

Removal of members

(1) Subject to the provisions of subsection (3) of this section, a person holding any of the offices to which this section applies may only be removed from that office by the President acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(2) This section applies to the offices of the Chairman and members of the Code of Conduct Bureau, the Federal Civil Service Commission, the Independent National Electoral Commission, the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission and the Police Service Commission.

(3) All members of the National Population Commission shall cease to be members if the

President declares a National Census Report as unreliable and the report is rejected in accordance with section 213 of this Constitution.

Independence of certain bodies

(1) In exercising its power to make appointments or to exercise disciplinary control over persons, the Code of Conduct Bureau, the National Judicial Council, the Federal Civil Service Commission, the Federal Judicial Service Commission, the Revenue Mobilisation Allocation and Fiscal Commission, the Federal Character Commission, and the Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person.

(2) The National Population Commission shall not be subject to the direction or control of any other authority or person—

(a) in appointing, training or arranging for the training of enumerators or other staff of the Commission to assist it in the conduct of any population census;

(b) in deciding whether or not to accept or revise the return of any officer of the said Commission concerning the population census in any area or part of the Federation;

(d) in compiling its report of a national census for publication.

Quorum and decisions

(1) The quorum for a meeting of any of the bodies established by section 153 of this Constitution shall be not less than one-third of the total number of members of that body at the date of the meeting.

(2) A member of such a body shall be entitled to one vote, and a decision of the meeting may be taken and any act or thing may be done in the name of that body by a majority of the members present at the meeting.

(3) Whenever such body is assembled for a meeting, the Chairman or other person presiding shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a deliberative vote.

(4) Subject to its rules of procedure, any such body may act or take part in any decision notwithstanding any vacancy in its membership or the absence of any member.

Powers and procedure

(1) Subject to subsection (2) of this section, any of the bodies may, with the approval of the President, by rules or otherwise regulate its own procedure or confer powers and impose duties on any officer or authority for the purpose of discharging its functions.

(2) In the exercise of any powers under subsection (1) of this section, any such body shall not confer powers or impose duties on any officer or authority of a State except with the approval of the Governor of the State.

Interpretation

In this Part of this Chapter, unless the context otherwise requires—

(a) any reference to “ex officio member” shall be construed as a reference to a person who is a member by virtue of his holding or performing the functions of an office in the public service of the Federation;

(b) “office” means an office in the public service of the Federation;

(c) any reference to “member” of a body established by section 153 of this Constitution shall be construed as including a reference to the Chairman of that body; and

(d) “misconduct” means a breach of the Oath of Allegiance or oath of office of a member or a breach of the provisions of this Constitution or bribery or corruption or false declaration of assets and liabilities or conviction for treason or treasonable felony.

C – Public Revenue

Distributable pool account

(1) The Federation shall maintain a special account to be called “the Federation Account” into which shall be paid all revenues collected by the Government of the Federation, except the proceeds from the personal income tax of the personnel of the armed forces of the Federation, the Nigeria Police Force, the Ministry or department of government charged with responsibility for Foreign Affairs and the residents of the Federal Capital Territory, Abuja.

(2) The President, upon the receipt of advice from the Revenue Mobilisation Allocation and Fiscal Commission, shall table before the National Assembly proposals for revenue allocation from the Federation Account, and in determining the formula, the National Assembly shall take into account the allocation principles, especially those of population, equality of States, internal revenue generation, land mass, terrain as well as population density:

Provided that the principle of derivation shall be constantly reflected in any approved formula as being not less than thirteen percent of the revenue accruing to the Federation Account directly from any natural resources.

(3) Any amount standing to the credit of the Federation Account shall be distributed among the Federal and State Governments and the local government councils in each State on such terms and in such manner as may be prescribed by the National Assembly.

(4) Any amount standing to the credit of the States in the Federation Account shall be distributed among the States on such terms and in such manner as may be prescribed by the National Assembly.

(5) The amount standing to the credit of local government councils in the Federation Account shall also be allocated to the States for the benefit of their local government councils on such terms and in such manner as may be prescribed by the National Assembly.

(6) Each State shall maintain a special account to be called “the State Joint Local Government Account” into which shall be paid all allocations to the local government councils of the State from the Federation Account and from the Government of the State.

(7) Each State shall pay to local government councils in its area of jurisdiction such proportion of its total revenue on such terms and in such manner as may be prescribed by the National Assembly.

(8) The amount standing to the credit of local government councils of a State shall be distributed among the local government councils of that State on such terms and in such manner as may be prescribed by the House of Assembly of the State.

(9) Any amount standing to the credit of the judiciary in the Federation Account shall be paid directly to the National Judicial Council for disbursement to the heads of courts established for the Federation and the States under section 6 of this Constitution.

(10) For the purposes of subsection (1) of this section, “revenue” means any income or return accruing to or derived by the Government of the Federation from any source and includes—

(a) any receipt, however described, arising from the operation of any law;

(b) any return, however described, arising from or in respect of any property held by the Government of the Federation;

(c) any return by way of interest on loans and dividends in respect of shares or interest held by the Government of the Federation in any company or statutory body.

Allocation of other revenues

Where under an Act of the National Assembly tax or duty is imposed in respect of any of the matters specified in item D of Part II of the Second Schedule to this Constitution, the net proceeds of such tax or duty shall be distributed among the States on the basis of derivation and accordingly—

[Item D, Part II. Second Schedule.]

(a) where such tax or duty is collected by the Government of a State or other authority of the State, the net proceeds shall be treated as part of the Consolidated Revenue Fund of that State;

(b) where such tax or duty is collected by the Government of the Federation or other authority of the Federation, there shall be paid to each State at such times as the National Assembly may prescribe a sum equal to the proportion of the net proceeds of such tax or duty that are derived from that State.

Federal grants-in-aid of State revenue

(1) The Federation may make grants to a State to supplement the revenue of that State in such sum and subject to such terms and conditions as may be prescribed by the National Assembly.

(2) The Federation may make external grants to a foreign State or any international body in furtherance of the foreign policy objectives of Nigeria in such sum and subject to such terms and conditions as may be prescribed by the National Assembly.

Cost of collection of certain duties

Each State 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 for the purpose of collection of taxes or duties which are wholly or partly payable to the State pursuant to the provisions of this Part of this Chapter or of any Act of the National Assembly as is proportionate to the share of the proceeds of those taxes or duties received by the State in respect of that financial year.

Set-off

(1) Any payment that is required by this Part of this Chapter to be made by the Federation to a State may be set-off by the Federation in or towards payment of any sum that is due from that State to the Federation in respect of any loan made by the Federation to that State.

(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 Fund

Any payment that is required by this Part of this Chapter to be made by the Federation to a State shall be a charge upon the Consolidated Revenue Fund of the Federation and any payment that is so required to be made by a State to the Federation shall be a charge upon the Consolidated Revenue Fund of that State.

Provisions with regard to payments

(1) Where any payment falls to be made under this Part of this Chapter, the amount payable shall be certified by the Auditor-General for the Federation:

Provided that a provisional payment may be made before the Auditor-General has given his certificate.

(2) The National Assembly may prescribe the time at and manner in which any payment falling to be made under this Part of this Chapter shall be effected and provide for the making of adjustments and provisional payment.

D – The Public Service of the Federation

Establishment of Civil Service of the Federation

There shall be a civil service of the Federation.

Federal Civil Service Commission: power to delegate functions

Subject to the provisions of this Constitution, the Federal Civil Service Commission may, with the approval of the President and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this Constitution to any of its members or to any officer in the civil service of the Federation.

Presidential appointments

(1) Power to appoint persons to hold or act in the office to which this section applies and to remove persons so appointed from any such office shall vest in the President.

(2) The office to which this section applies are, namely—

(a) Secretary to the Government of the Federation;

(b) Head of the Civil Service of the Federation;

(d) Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Government of the Federation howsoever designated; and

(e) any office on the personal staff of the President.

(3) An appointment to the office of the Head of the Civil Service of the Federation shall not be made except from among Permanent Secretaries or equivalent rank in the civil service of the Federation or of a State.

(4) An appointment to the office of Ambassador, High Commissioner or other principal Representative of Nigeria abroad shall not have effect unless the appointment is confirmed by the Senate.

(5) In exercising his powers of appointment under this section, the President shall have regard to the Federal character of Nigeria and the need to promote national unity.

(6) Any appointment made in pursuance to paragraphs (a) and (e) of subsection (2) of this section shall be at the pleasure of the President and shall cease when the President ceases to hold office:

Provided that where a person has been appointed from a public service of the Federation or a State, he shall be entitled to return to the public service of the Federation or of the State when the President ceases to hold office.

Code of Conduct

(1) Subject to the provisions of this Constitution, the right of a person in the public service of the Federation shall observe and conform to the Code of Conduct.

Protection of pension rights

(1) Subject to the provisions of this Constitution, the right of a person in the public service of the Federation to receive pension or gratuity shall be regulated by law.

(2) Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any law, including the Code of Conduct.

(3) Pensions shall be reviewed every five years or together with any Federal Civil Service salary reviews, whichever is earlier.

(4) Pensions in respect of service in the public service of the Federation shall not be taxed.

Public prosecution

(1) The Attorney-General of the Federation shall have power—

(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-marital, in respect of any offence created by or under any act of the National Assembly;

(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.

(2) The powers conferred upon the Attorney-General of the Federation under subsection (1) of this section may be exercised by him in person or through officers of his department.

(3) In exercising his power under this section, the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.

Prerogative of mercy

(1) The President may—

(a) grant any person concerned with or convicted of any offence created by an Act of the National Assembly a pardon, either free or subject to lawful conditions;

(b) grant to any person, either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence;

(d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty of forfeiture otherwise due to the State on account of such an offence.

(2) The powers of the President under subsection (1) of this section shall be exercised by him after consultation with the Council of State.

(3) The President, acting in accordance with the advice of the Council of State, may exercise his powers under subsection (1) of this section in relation to persons concerned with offence against the army, naval or air force law or convicted or sentenced by a court-marital.

PART II

State Executive

A – The Governor of a State

Establishment of the office of Governor

(1) There shall be for each State of the Federation a Governor.

(2) The Governor of a State shall be the Chief Executive of that State.

Qualification for election as Governor

A person shall be qualified for election to the office of Governor of a State if—

(a) he is a citizen of Nigeria by birth;

(b) he has attained the age of thirty-five years;

(d) he has been educated up to at least School Certificate level or its equivalent.

Election of Governor: general

(1) An election to the office of Governor of a State shall be held on a date to be appointed by the Independent National Electoral Commission.

(2) An election to the office of Governor of a State shall be held on a date not earlier than sixty days and not later than thirty days before the expiration of the term of office of the last holder of that office.

(3) Where in an election to the office of Governor of a State one of the two or more candidate nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidate, the Independent National Electoral Commission shall extend the time for nomination.

(4) For the purpose of an election under this section a State shall be regarded as one constituency.

(5) Every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of Governor of a State.

Election: single candidate and two or more candidates

(1) A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected to such office where, being the only candidate nominated for the election—

(a) he has a majority of Yes votes over No votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-third of all the local government areas in the State, but where the only candidate fails to be elected in accordance with this subsection, then there shall be fresh nominations.

(2) A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected where, there being two or more candidates—

(a) he has the highest number of votes cast at the election; and

(b) he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the State.

(3) In default of a candidate duly elected in accordance with subsection (2) of this section there shall be a second election in accordance with subsection (4) of this section at which the only candidate shall be—

(a) the candidate who secures the highest number of votes cast at the election; and

(b) one among the remaining candidates who secured a majority of votes in the highest number of local government areas in the State, so however that where there are more than one candidate with a majority of votes in the highest number of local government areas, the candidate among them with the next highest total of votes cast at the election shall be the second candidate.

(4) In default of a candidate duly elected under subsection (2) of this section, the Independent National Electoral Commission shall within seven days of the votes of the election held under that subsection, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of Governor of a State if—

(a) he has a majority of the votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the local government areas in the State.

(5) In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall within seven days of the result of the election held under that subsection, arrange for another election between the two candidates to which that sub-paragraph relates and a candidate at such election shall be deemed to have been duly elected to the office of Governor of a State if he has a majority of the votes cast at the election.

Tenure of office of Governor

(1) Subject to the provisions of this Constitution, a person shall hold the office of a State until—

(a) when his successor in office takes the oath of that office; or

(b) he dies whilst holding such office; or

(d) he otherwise ceases to hold office in accordance with the provisions of this Constitution.

(2) Subject to the provision of subsection (1) of this section, the Governor shall vacate his office at the expiration of a period of four years commencing from that date when—

(a) in the case of a person first elected as Governor under this Constitution, he took the oath of Allegiance and oath of office; and

(b) the person last elected to that office took the Oath of Allegiance and oath of office or would, but for his death, have taken such oaths.

Death, etc., of Governor elect before oath of office

(1) If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy Governor shall be sworn in as Governor and he shall nominate a new Deputy Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.

(2) Where the person duly elected as Governor and Deputy Governor of a State dies or is for any reason unable to assume office before the inauguration of the House of Assembly, the Independent National Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the State.

Disqualifications

(1) No person shall be disqualified for election to the office of Governor of a State if—

(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in each case as may be prescribed by the National Assembly, he has made a declaration of allegiance to such a country; or

(b) he has been elected to such office at any two previous elections; or

(d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment for any offence involving dishonesty of fraud (by whatever named called) or any other offence imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or

(e) within a period of less than ten years before the date of an election to office of Governor of a State, he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of the Code of Conduct;

(f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria; or

(g) being a person employed in the public service of the Federation or of any State he has not resigned, withdrawn or retired from such employment at least thirty days to the date of the election; or

(h) he is a member of a secret society; or

(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunal of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government; or

(j) he has presented a forged certificate to the Independent National Electoral Commission.

(2) Where in respect of any person who has been—

(a) adjudged to be a lunatic;

(b) declared to be of unsound mind;

(d) adjudged or declared bankrupt,

Governor: disqualification from other jobs

The Governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever.

Determination of certain questions relating to election

The National Assembly shall make provisions in respect of—

(a) persons who may apply to an election tribunal for the determination of any question as to whether—

(i) any person has been validly elected to the office of Governor or Deputy Governor;

(ii) the term of office of a Governor or Deputy Governor has ceased; or

(iii) the office of Governor or Deputy Governor has become vacant;

(b) circumstances and manner in which, and the conditions upon which such application may be made; and

Declaration of assets and liabilities: oaths of office of Governor

(1) A person elected to the office of the Governor of a State shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and oath of office prescribed in the Seventh Schedule of this Constitution.

(2) The Oath of Allegiance and the oath of office shall be administered by the Chief Judge of the State or Grand Kadi of the Sharia Court of Appeal of the State, if any, or President of the Customary Court of Appeal of the State if any, of the person for the time being respectively appointed to exercise the functions of any of those offices in the State.

Establishment of office of the Deputy Governor

There shall be for each State of the Federation a Deputy Governor.

Nomination and election of Deputy Governor

(1) In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for the office of Governor of a State shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his Deputy Governor; and that candidate shall be deemed to have been duly elected to the office of Deputy Governor if the candidate who nominated him is duly elected as Governor in accordance with the said provisions.

(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualifications, declaration of assets and liabilities and Oath of Governor shall apply in relation to the office of Deputy Governor as if references to Governor were references to Deputy Governor.

Removal of Governor or Deputy Governor from office

(1) The Governor or Deputy Governor of a State may be removed from office in accordance with the provisions of this section.

(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the House of Assembly—

(a) is presented to the Speaker of the House of Assembly of the State;

(b) stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office, detained particulars of which shall be specified, the Speaker of the House of Assembly shall, within seven days of the receipt of the notice, cause a copy of the notice to be served on the holder of the office and on each member of the House of Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office, to be served on each member of the House of Assembly.

(3) Within fourteen days of the presentation of the notice to the Speaker of the House of Assembly (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice), the House of Assembly shall resolve by motion, without any debate whether or not the allegation shall be investigated.

(4) A motion of the House of Assembly that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-thirds majority of all the members of the House of Assembly.

(5) Within seven days of the passing of a motion under the foregoing provisions of this section, the Chief Judge of the State shall at the request of the Speaker of the House of Assembly, appoint a panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provided in this section.

(6) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person or be represented before the panel by a legal practitioner of his own choice.

(7) A panel appointed under this section shall—

(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the House of Assembly; and

(b) within three months of its appointment, report its findings to the House of Assembly.

(8) Where the panel reports to the House of Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.

(9) Where the report of the panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report, the House of Assembly shall consider the report; and if by a resolution of the House of Assembly supported by not less than two-thirds majority of all its members, the report of the panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

(10) No proceeding or determination of the panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court.

(11) In this section—

“gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion in the House of Assembly to gross misconduct.

Permanent incapacity of Governor or Deputy Governor

(1) The Governor or Deputy Governor of a State shall cease to hold office if—

(a) by a resolution passed by two-thirds majority of all members of the executive council of the State, it is declared that the Governor or Deputy Governor is incapable of discharging the functions of his office; and

(b) the declaration in paragraph 9 (a) of this subsection is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the Speaker of the House of Assembly.

(2) Where the medical panel certifies in its report that in its opinion the Governor or Deputy Governor is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice therefor signed by the Speaker of the House of Assembly shall be published in the Official Gazette of the Government of the State.

(3) The Governor or Deputy Governor shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.

(4) The medical panel to which this section relates shall be appointed by the Speaker of the House of Assembly of the State, and shall comprise five medical practitioners in Nigeria—

(a) one of whom shall be the personal physician of the holder of the office concerned; and

(b) four other medical practitioners who have, in the opinion of the Speaker of the House of Assembly, attained a high degree of eminence in the field of medicine relate to the nature of the examination to be conducted in accordance with the foregoing provisions of this section.

(5) In this section, the reference to “executive council of the State” is a reference to the body of Commissioners of the Government of the State, howsoever called, established by the Governor and charged with such responsibilities for the functions of Government as the Governor may direct.

Acting Governor during temporary absence of Governor

Whenever the Governor transmits to the Speaker of the House of Assembly a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to the Speaker of the House of Assembly a written declaration to the contrary such functions shall be discharged by the Deputy Governor as Acting Governor.

Constitution: discharge of functions of Governor

(1) The Deputy Governor of a State shall hold the office of Governor of the State if the office of Governor becomes vacant by reason of death, resignation, impeachment, permanent incapacity or removal of the Governor from office for any other reason in accordance with section 188 of this Constitution.

(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Deputy Governor of the State is also vacant, the Speaker of the House of Assembly of the State shall hold the office of Governor of the State for a period of not more than three months, during which there shall be an election of a new Governor of the State who shall hold office for the unexpired term of office of the last holder of the office.

(3) Where the office of the Deputy Governor becomes vacant—

(a) by reason of death, resignation, impeachment, permanent incapacity or removal in accordance with section 188 or 199 of this Constitution;

(b) by his assumption of the office of Governor of a State in accordance with subsection (1) of this section; or

(c) for any other reason, the Governor shall nominate and with the approval of the House of Assembly of the State, appoint a new Deputy Governor.

Commissioner of State Government

(1) There shall be such offices of Commissioners of the Government of a State as may be established by the Governor of the State.

(2) Any appointment to the office of Commissioner of the Government of a State shall, if the nomination of any person to such office is confirmed by the House of Assembly of the State, be made by the Governor of that State and in making any such appointment the Governor shall conform with the provisions of section 14 (4) of this Constitution.

(3) Where a member of a House of Assembly or of the National Assembly is appointed as Commissioner of the Government of a State, he shall be deemed to have resigned his membership of the House of Assembly or of the National Assembly on his taking the oath of office as Commissioner.

(4) No person shall be appointed as a Commissioner of the Government of a State unless he is qualified for election as a member of the House of Assembly of the State.

(5) An appointment to the office of Commissioner under this section, shall be deemed to have been made where no return has been received from the House of Assembly within twenty-one working days of the receipt of nomination, by the House of Assembly.

Executive responsibilities of Deputy Governor and Commissioners

(1) The Governor of a State may, in his discretion, assign to the Deputy Governor or any Commissioner of the Government of the State responsibility for any business of the Government of that State, including the administration of any department of Government.

(2) The Governor of a State shall hold regular meetings with the Deputy Governor and all Commissioners of the Government of the State, for the purposes of—

(a) determining the general direction of the policies of the Government of the State;

(b) co-ordinating the activities of the Governor, the Deputy Governor and the Commissioners of the Government of the State in the discharging of their executive responsibilities; and

(c) advising the Governor-General in the discharge of his executive functions, other than those functions with respect to which he is required by this Constitution to seek the advice or act on the recommendation of any other person or body.

Declaration of assets and liabilities: oaths of Commissioners

A Commissioner of the Government of a State shall not enter upon the duties of his office unless he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and oath for the due execution of the duties of his office prescribed in the Seventh Schedule of this Constitution.

[Seventh Schedule.]

Attorney-General of a State

(1) There shall be an Attorney-General for each State who shall be Chief Law Officer of the State and Commissioner for Justice of the Government of that State.

(2) A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of State unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for not less than ten years.

Special Advisers

(1) The Governor of a State may appoint any person as a Special Adviser to assist him in the performance of his functions.

(2) The number of such advisers and their remuneration and allowances shall be as prescribed by law or by resolution of the House of Assembly of the State.

(3) Any appointment made pursuant to the provisions of this section shall be at the pleasure of the Governor, and shall cease when the Governor ceases to hold office.

(4) A person appointed as a Special Adviser under subsection (1) of this section shall not begin to perform the functions of the office unless he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the oath of office prescribed in the Seventh Schedule to this Constitution.

[Seventh Schedule.]

B – Establishment of Certain State Executive Bodies

State Commissions

(1) There shall be established for each State of the Federation the following bodies, namely—

(a) State Civil Service Commission;

(b) State Independent National Electoral Commission; and

(2) The composition and powers of each body established by subsection (1) of this section are a set out in Part II of the Third Schedule to this Constitution.

[Third Schedule.]

(3) In appointing Chairmen and members of boards and governing bodies of statutory corporations and companies in which the Government of the State has controlling shares or interest and councils of universities, colleges and other institutions of higher learning, the Governor shall conform with the provisions of section 14 (4) of this Constitution.

Appointment of Chairman and members

Except in the case of ex officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the Governor of the State and the appointment shall be subject to confirmation by a resolution of the House of Assembly of the State.

Tenure of office of members

(1) A person who is a member of any of the bodies established as aforesaid shall, subject to the provisions of this Part, remain a member thereof—

(a) in the case of an ex officio member, whilst he holds the office by virtue of which he is a member of the body;

(b) in the case of a person who is member by virtue of his having previously held an office, for the duration of his life; and

(c) in the case of a person who is a member otherwise than as an ex officio member of otherwise than by virtue of his having previously held an office, for a period of five years from the date of his appointment.

(2) A member of any of the bodies shall cease to be a member if any circumstances arise that, if he were not a member of the body, would cause him to be disqualified for appointment as such a member.

Qualification for membership

(1) No person shall be qualified for appointment as a member of any of the bodies aforesaid if—

(a) he is not qualified or if he is disqualified for election as a member of a House of Assembly;

(b) he has within the preceding ten years, been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct.

(2) Any person employed in the public service of a State shall not be disqualified for appointment as Chairman or member of any of such bodies provided that where such a person has been duly appointed, he shall on his appointment be deemed to have resigned his former office as from the date of the appointment.

(3) No person shall be qualified for appointment to any of the bodies aforesaid, if having previously been appointed as a member otherwise than as an ex officio member of that body, he has been re-appointed for a further term as a member of the same body.

Removal of members

(1) Any person holding any of the offices to which this section applies shall only be removed from that office by the Governor of that State acting on an address supported by twothirds majority of the House of Assembly of the State praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(2) This section applies to the offices of the Chairman and members of the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission.

Independence of certain bodies

In exercising its power to make appointment or to exercise disciplinary control over persons the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission shall not be subject to the direction and control of any other authority or person.

Quorum and decisions

(1) The quorum for a meeting of any of the bodies established by section 197 of this Constitution shall not be less than one-third of the total number of members of that body at the date of the meeting.

(2) A member of such a body shall be entitled to one vote and a decision of the meeting may be taken and any act or thing may be done in the name of that body by a majority of the members present at a meeting.

(3) Whenever such bodies is assembled for a meeting, the Chairman or other person presiding shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a deliberative vote.

(4) Subject to its rules of procedure, any such body may act or take any decision notwithstanding any vacancy in its membership or the absence of any member.

Powers and procedure

(1) Subject to subsection (2) of this section, any of the bodies may, with the approval of the Governor, by rules or otherwise regulate its own procedure or confer powers or impose duties on any officer or authority for the purpose of discharging its functions.

(2) In the exercise of any power under subsection (1) of this section any such body shall not confer powers or impose duties on any officer or authority of the Federation except with the approval of the President.

Interpretation

In this Part of this Chapter, unless the context otherwise requires—

(b) “office” means an office in the public service of a State;

(c) any reference to “member” of any of the bodies established by section 197 of this Constitution shall be construed as including a reference to the Chairman of that body; and

(d) “misconduct” means breach of the Oath of Allegiance or oath of office of a member or a breach of the provisions of this Constitution or bribery or corruption or false declaration of assets and liabilities or conviction for treason or treasonable felony.

C – The Public Service of a State

Establishment of the State Civil Service

There shall be for each State of the Federation a civil service.

State Civil Service Commission: power of delegation

Subject to the provision of this Constitution, a State Civil Service Commission, with the approval of the Governor and subject to such conditions as it may deem fit, may delegate any of the powers conferred upon it by this Constitution to any of its members or to any officer in the civil service of the State.

Appointments by Governor

(1) Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the Governor of the State.

(2) The office to which this section applies are, namely—

(a) Secretary to the Government of the State;

(b) Head of the Civil Service of the State;

(c) Permanent Secretary or other executive in any Ministry or Department of the Government of the State howsoever designate; and

(d) any office on the personal staff of the Governor.

(3) An appointment to the office of the Head of the Civil Service of a State shall not be made except from among Permanent Secretaries or equivalent rank in the civil service of any State or of the Federation.

(4) In exercising his powers of appointment under his section, the Governor shall have regard to the diversity of the people within the State and the need to promote national unity.

(5) Any appointment made pursuant to paragraph (a) and (d) of subsection (2) of this section shall be at the pleasure of the Governor and shall cease when the Governor ceases to hold office:

Code of Conduct

A person in the public service of a State shall observe and conform to the Code of Conduct.

Protection of pension right

(1) Subject to the provisions of subsection (2) of this section, the right of a person in the public service of a State to receive pension or gratuity shall be regulated by law.

(3) Pensions shall be reviewed every five years or together with any State civil service salary reviews, whichever is earlier.

(4) Pensions in respect of service in the service of a State shall not be taxed.

Public prosecutions

(1) The Attorney-General of a State shall have power—

(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a court-marital in respect of any offence created by or under any law of the House of Assembly;

(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and

(c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.

(2) The powers conferred upon the Attorney-General of a State under subsection (1) of this section may be exercised by him in person or through officers of this department.

(3) In exercising his powers under this section, the Attorney-General of a State shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.

Prerogative of mercy

(1) The Governor may—

(a) grant any person concerned with or convicted of any offence created by any Law of a State a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, either for an indefinite or for a specified period of the execution of any punishment imposed on that person for such an offence;

(d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty of forfeiture otherwise due to the State on account of such an offence.

(2) The powers of the Governor under subsection (1) of this section shall be exercised by him after consultation with such advisory council of the State on prerogative of mercy as may be established by the Law of the State.

PART III

Supplemental

A – National Population Census

National Population Census

(1) Any report of the National Population Commission containing the population census after every census shall be delivered to the President by the Chairman of the Commission.

(2) The President shall within a period of thirty days after receipt of the report lay copies of the report before the Council of State, which shall consider the report and advise the President whether to accept it or reject it.

(3) Where the Council of State advises the President to accept the report, the President shall accept the same and shall then lay the report on the table of each House of the National Assembly.

(4) Where the President accepts such report and has laid it on the table of each of the National Assembly he shall publish it in the Official Gazette of the Government of the Federation for public information.

(5) Where the Council of State advises the President to project the report upon the ground—

(a) that the population census contained in the report is inaccurate; or

(b) that the report is perverse, the President shall reject the report accordingly and no reliance shall be placed upon any such report by any authority or person or for any purpose whatsoever.

B – Nigerian Police Force

Establishment of Nigeria Police Force

(1) There shall be a Police Force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section on other police force shall be established for the Federation or any part thereof.

(2) Subject to the provisions of this Constitution—

(a) the Nigeria Police Force shall be organised and administered in accordance with such provisions as may be prescribed by an Act of the National Assembly;

(b) the members of the Nigeria Police Force shall have such powers and duties as may be conferred upon them by law;

(c) the National Assembly may make provisions for branches of the Nigeria Police Force forming part of the armed forces of the Federation or for the protection of harbours, waterways, railways and air fields.

Appointment of Inspector-General and control of Nigeria Police Force

(1) There shall be—

(a) an Inspector-General of Police who, subject to section 216 (2) of this Constitution shall be appointed by the President on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force;

(b) a Commissioner of Police for each State of the Federation who shall be appointed by the Police Service Commission.

(2) The Nigeria Police Force shall be under the command of Inspector-General of Police and any contingents of the Nigeria Police Force stationed in a State shall, subject to the authority of the Inspector-General of Police, be under the command of the Commissioner of Police of that State.

(3) The President or such other Minister of the government of the Federation as he may authorise in that behalf may give to the Inspector-General of Police such lawful directions with respect to the maintenance and securing of public safety and public order as he may consider necessary, and the Inspector-General of Police shall comply with those directions or cause them to be complied with.

(4) Subject to the provisions of this section, the Governor of a State or such Commissioner of the Government of the State as he may authorise in that behalf, may give to the Commissioner of Police of that State such lawful directions with respect to the maintenance and securing of public safety and public order within the State as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with:

Provided that before carrying any, and if so what, directions have been given under this section shall not be inquired into in any court.

(5) The question whether any, and if so what, directions have been given under this section shall not be inquired into in any court.

Delegation of powers to the Inspector–General of Police

(1) Subject to the provisions of this Constitution, the Nigeria Police Council may, with the approval of the President and subject to such conditions as it may think fit, delegate any of the powers conferred upon it by this Constitution to any of its members or to the Inspector-General of Police or any other member of the Nigeria Police Force.

(2) Before making any appointment to the office of the Inspector-General of Police or removing him from office the President shall consult the Nigeria Police Council.

C – Armed Forces of the Federation

Establishment and composition of the armed forces of the Federation

(1) There shall be an armed forces for the Federation which shall consist of an Army, a Navy, an Air Force and such other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

(2) The Federation shall subject to an Act of the National Assembly made in that behalf, equip and maintain the armed forces as may be considered adequate and effective for the purpose of—

(a) defending Nigeria from external aggression;

(b) maintaining its territorial integrity and securing its borders from violation on land, sea or air;

(c) suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly; and

(d) performing such other functions as may be prescribed by an Act of the National Assembly.

(3) The composition of the officer corps and other ranks of the armed forces of the Federation shall reflect the Federal character of Nigeria.

Command and operational use

(1) The powers of the President as the Commander-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the Federation.

(2) The powers conferred on the President by subsection (1) of this section shall include power to appoint the Chief of Defence Staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

(3) The President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.

(4) The National Assembly shall have power to make laws for the regulation of—

(a) the powers exercisable by the President as Commander-Chief of the Armed Forces of the Federation; and

(b) the appointment, promotion and disciplinary control of members of the armed forces of the Federation.

Establishment of body to ensure Federal character of armed forces

The National Assembly shall—

(a) in giving effect to the functions specified in section 217 of this Constitution; and

(b) with respect to the power exercisable by the President under section 219 of this Constitution, by an Act, establish a body which comprise such members as the National Assembly may determine, and which shall have power to ensure that the composition of the armed forces of the Federation shall reflect the Federal character of Nigeria in the manner prescribed in the said section 217 of this Constitution.

Compulsory military service

(1) The Federation shall establish and maintain adequate facilities for carrying into effect any Act of the National Assembly providing for compulsory military training of military service for citizens of Nigeria.

(2) Until an Act of the National Assembly is made in that behalf the President may maintain adequate facilities in any secondary or post-secondary educational institution in Nigeria for giving military training in any such institution which desires to have the training.

D – Political parties

Prohibition of political activities by certain associations

No association, other than a political party, shall canvas for votes for any candidate at any election to contribute to the funds of any political party or to the election expenses of any candidate at an election.

Restriction on formation of political parties

No association by whatever name called shall function as a political party, unless—

(a) the names and addresses of its national officers are registered with the Independent National Electoral Commission;

(b) the membership of the association is open to every citizen of Nigeria irrespective of his place of origin, circumstance of birth, sex, religion or ethnic grouping;

(c) a copy of its constitution is registered in the principal office of the Independent National Electoral Commission in such form as may be prescribed by the Independent National Electoral Commission;

(d) any alteration in its registered constitution is also registered in the principal office of the Independent National Electoral Commission within thirty days of the making of such alteration;

(e) the name of the association, its symbol or logo does not contain ethnic or religious connotation or give the appearance that the activities of the association are confined to a part only of the geographical areas of Nigeria; and

(f) the headquarters of the association is situated in the Federal Capital Territory, Abuja.

Constitution and rules of political parties

(1) The constitution and rules of a political party shall—

(a) provide for the periodical election on a democratic basis of the principal officers and members of the executive committee or other governing body of the political party; and

(b) ensure that the members of the executive committee of other governing body of the political party reflect the Federal character of Nigeria.

(2) For the purpose of this section—

(a) the election of the officers or members of the executive committee of a political party shall be deemed to be periodical only if it is made at regular intervals not exceeding four years; and

(b) the members of the executive committee or other governing body of the political party shall be deemed to reflect the Federal character of Nigeria only if the members thereof belong to different States of being less in number than two-thirds of all the States of the Federation and the Federal Capital Territory, Abuja.

Aims and objectives

The programme as well as the aims and objective of a political party shall conform with the provisions of Chapter II of this Constitution.

Finances of political parties

(1) Every political party shall at such times and in such manner as the Independent National Electoral Commission may require, submit to the Independent National Electoral Commission and publish a statement of its assets and liabilities.

(2) Every political party shall submit to the Independent National Electoral Commission a detailed annual statement and analysis of its sources of funds and other assets together with a similar statement of its expenditure in such form as the Commission may require.

(3) No political party shall—

(a) hold or posses any funds or other assets outside Nigeria; or

(b) be entitled to retain any funds or assets remitted or sent to it from outside Nigeria.

(4) Any funds or other assets remitted or sent to a political party from outside Nigeria shall be paid over or transferred to the Commission within twenty-one days of its receipt with such information as the Commission may require.

(5) The Commission shall have power to give directions to political parties regarding the books or records of financial transactions which they shall keep and, to examine all such books and records.

(6) The powers conferred on the Commission under subsection (4) of this section may be exercised by it through any member of its staff or any person who is an auditor by profession and who is not a member of a political party.

Annual report on finance

(1) The Independent National Electoral Commission, shall in every year prepare and submit to the National Assembly a report on the accounts and balance sheet of every political party.

(2) It shall be the duty of the Commission, in preparing its report under this section, to carry out such investigation as will enable it to form an opinion as to whether proper books of accounts and proper records have been kept by any political party, and if the Commission is of the opinion that proper books of accounts have not been kept by a political party, the Commission shall so report.

(3) Every member of the Commission or its duly authorised agent shall—

(a) have a right of access at all times to the books and accounts and vouchers of all political parties; and

(b) be entitled to require from the officers of the political party such information and explanation as he thinks necessary for the performance of his duties under this Constitution, and if the member of the Commission or such agent fails or is unable to obtain all the information and explanation which to the best of his knowledge and belief are necessary for the purpose of the investigation, the Commission shall state that fact in its report.

Prohibition of quasi-military organisations

No association shall retain, organise, train or equip any person or group of persons for the purpose of enabling them to be employed for the use or display of physical force or coercion in promoting any political objective of interest or in such manner as to arouse reasonable apprehension that they are organised and trained or equipped for that purpose.

Powers of the National Assembly with respect to political parties

The National Assembly may by law provide—

(a) for the punishment of any person involved in the management or control of any political party found after due inquiry to have contravened any of the provisions of section 221, 225 (3) and 227 of this Constitution;

(b) for the disqualification of any person from holding public office on the ground that he knowingly aids or abets a political party in contravening section 225 (3) of this Constitution;

(c) for an annual grant to the Independent National Electoral Commission for disbursement to political parties on a fair and equitable basis to assist them in the discharge of their functions; and

(d) for the conferment of the Commission of other powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively to ensure that political parties observe the provisions of this Part of this Chapter.

Interpretation

In this Part of this Chapter, unless the context otherwise requires—

“association” means any body or persons corporate or unincorporated who agree to act together for any common purpose, and includes an association formed for any ethnic, social,

cultural, occupational or religious purpose; and

“political party” includes any association whose activities include canvassing for votes in support of a candidate for election to the office of President, Vice-President, Governor, Deputy Governor or membership of a legislative house or of a local government council.

CHAPTER VII

The Judicature

PART I

Federal Court

A – The Supreme Court of Nigeria

Establishment of the Supreme Court of Nigeria

(1) There shall be a Supreme Court of Nigeria.

(2) The Supreme Court of Nigeria shall consist of—

(a) the Chief Justice of Nigeria; and

(b) such number of Justices of the Supreme Court, not exceeding twenty-one, as may be prescribed by an Act of the National Assembly.

Appointment of Chief Justice of Nigeria and Justice of the Supreme Court

(1) The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(3) A person shall not be qualified to hold the office of Chief Justice of Nigeria or of a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not les than fifteen years.

(4) If the office of Chief Justice of Nigeria 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, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not reappoint a person whose appointment has lapsed.

Original Jurisdiction

(1) The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Federation and a State or between States if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legality depends.

(2) In addition to the jurisdiction conferred upon it by subsection (1) of this section, the Supreme Court shall have such original jurisdiction as may be conferred upon it by any Act of the National Assembly:

Provided that no original jurisdiction shall be conferred upon the Supreme Court with respect to any criminal matter.

Appellate Jurisdiction

(1) The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal.

(2) An appeal shall lie from the decision of Court of Appeal to the Supreme Court as of right in the following cases—

(a) where the ground of appeal involved questions of law alone, decisions in any civil or criminal proceedings before the Court of Appeal;

(b) decision in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution;

(c) decision in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be, contravened in relation to any person;

(d) decision in any civil or criminal proceedings in which any person has been sentenced to death by the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death imposed by any other court;

(e) decisions on any question—

(i) whether any person has been validly elected to the office of President or Vice-President under this Constitution;

(ii) whether the term of office of President or Vice-President has ceased,

(iii) whether the office of President or Vice-President has become vacant; and

(f) such other cases as may be prescribed by an Act of the National Assembly.

(3) Subject to the provisions of subsection (2) of this section, an appeal shall lie from the decisions of the Court of Appeal to the Supreme Court with the leave of the Court of Appeal or the Supreme Court.

(4) The Supreme Court may dispose of any application for leave to appeal from the decisions of the Court in respect of any civil or criminal proceedings in which leave to appeal is necessary after consideration of the record of the proceedings if the Supreme Court is of opinion that the interests of justice do not require an oral hearing of the application.

(5) Any right of appeal to the Supreme Court from the decision of the Court of Appeal conferred by this section shall be exercisable in the case of civil proceedings at the instance of a party thereto, or with the leave of the Court of Appeal or the 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 this Constitution and any powers conferred upon the Attorney-General of the Federation or the Attorney-General of a State to take over and continue or to discontinue such proceedings, at the instance of such other authorities or persons as may be prescribed.

(6) Any right of appeal to the Supreme Court from the decisions of the Court of Appeal conferred by this section shall, subject to section 236 of this Constitution, be exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Supreme Court.

Constitution

For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any law, the Supreme Court shall be duly constituted if it consists of not less than five Justices of the Supreme Court:

Provided that where the Supreme Court is sitting to consider an appeal, brought under section 233 (2) (b) or (c) of this Constitution, or to exercise its original jurisdiction in accordance with section 232 of this Constitution, the Court shall be constituted by seven justices.

Finality of determination

Without prejudice to the powers of the President or of the Governor of a State with respect to prerogative of mercy, no appeal shall lie to any other body or person from any determination of the Supreme Court.

Practice and procedure

Subject to the provisions of an Act of the National Assembly, the Chief Justice of Nigeria may make rules for regulating the practice and procedure of the Supreme Court.

B – The Court of Appeal

Establishment of the Court of Appeal

(1) There shall be a Court of Appeal.

(2) The Court of Appeal shall consist of—

(a) a President of the Court of Appeal; and

(b) such of Justices of the Court of Appeal, not less than forty-nine of which number not less than three shall be learned in Islamic personal law, and not less than three shall be learned in Customary law, as may be prescribed by an Act of the National Assembly.

Appointment of President and Justices of the Court of Appeal

(1) The appointment of a person to the office of President of the Court of Appeal shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Justice of the Court of Appeal shall be made by the President on the recommendation of the National Judicial Council.

(3) A person shall not be qualified to hold the office of a Justice of the Court of Appeal unless he is qualified to practice as a legal practitioner in Nigeria and has so qualified for a period of not less than twelve years.

(4) If the office of the President of the Court of Appeal 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, the President shall appoint the most senior Justice of the Court of Appeal to perform those functions.

Original jurisdiction

(1) Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any other court of law in Nigeria, have original jurisdiction to hear and determine any question as to whether—

(a) any person has been validly elected to the office of President or Vice-President under this Constitution; or

(b) the term of office of the President or Vice-President has ceased; or

(2) In the hearing and determination of an election petition under paragraph (a) of subsection (1) of this section, the Court of Appeal shall be duly constituted if it consists of at least three Justices of the Court of Appeal.

Appellate jurisdiction

Subject to the provisions of this Constitution, the Court of Appeal shall have jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeal from the Federal High Court, the High Court of the Federal Capital Territory, Abuja, High Court of a State, Sharia Court of Appeal of the Federal Capital Territory, Abuja, Sharia Court of a State, Customary Court of Appeal of the Federal Capital Territory, Abuja, Customary Court of Appeal of a State and from decisions of a court martial or other tribunals as may be prescribed by an Act of the National Assembly.

Appeals as of right from the Federal High Court or a High Court

(1) An Appeal shall lie from decisions of the Federal High Court or High Court or a High Court of Appeal as of right in the following cases—

(a) final decisions in any civil or criminal proceedings before the Federal High Court or a High Court sitting at first instance;

(b) where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings;

(c) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution;

(d) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be, contravened in relation to any person;

(e) decisions in any criminal proceedings in which the Federal High Court or a High Court has imposed a sentence of death;

(f) decisions made or given by the Federal High Court or a High Court—

(i) where the liberty of a person or the custody of an infant is concerned;

(ii) where an injunction or the appointment of a receiver is granted or refused;

(iii) in the case of decision determining the case of a creditor or the liability of a contributory or other officer under any enactment relating to companies in respect of misfeasance or otherwise;

(iv) in the case of a decree nisi in a matrimonial cause or a decision in an admiralty action determining liability; and

(v) in such cases as may be prescribed by any in force in Nigeria.

(2) Nothing in this section shall confer any right of appeal—

(a) from a decision of a Federal High Court or any High Court granting unconditional leave to defend an action;

(b) from an order absolute for the dissolution or nullity of marriage in favour of any party who, having had time and opportunity to appeal from the decree nisi on which the order was founded, has not appealed from that decree nisi; and

(c) without the leave of a Federal High Court or a High Court or of the Court of Appeal, from a decision of the Federal High Court of High Court made with the consent of the parties or as to costs only.

Appeals with leave

(1) Subject to the provisions of section 241 of this Constitution, an appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal with the leave of the Federal High Court or that High Court or the Court of Appeal.

(2) The Court of Appeal may dispose of any application for leave to appeal from any decision of the Federal High Court or a High Court in respect of any civil or criminal proceedings in which an appeal has been brought to the Federal High Court or a High Court from any other court after consideration of the record of the proceedings, if the Court of Appeal is of the opinion that the interests of justice do not require an oral hearing of the application.

Exercise of right to appeal from the Federal High Court or a High Court in civil and criminal matters

Any right of appeal to the Court of Appeal from the decisions of the Federal High Court or a High Court conferred by this Constitution shall be—

(a) exercisable in the case of civil proceedings at the instance of a party thereto, or with the leave of the Federal High Court or the High Court or the Court of Appeal 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 this Constitution and any powers conferred upon the Attorney-General of the Federation or the Attorney-General of a State to take over and continue or to discontinue such proceedings, at the instance of such other authorities or persons as may be prescribed;

(b) exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

Appeals from Sharia Court of Appeal

(1) An appeal shall lie from the decisions of the Sharia Court of Appeal to the Court of Appeal as of right in any civil proceedings before the Sharia Court of Appeal with respect to any question of Islamic personal law which the Sharia Court of Appeal is competent to decide.

(2) Any right of appeal to the Court of Appeal from the decisions of a Sharia Court of Appeal conferred by this section shall be—

(a) exercisable at the instance of a party thereto or, with the leave of the Sharia Court of Appeal or of the Court of Appeal, at the instance of any other person having an interest in the matter; and

(b) exercise in accordance with an Act of the National Assembly and rules of court for the time being in force regulating the power, practice and procedure of the Court of Appeal.

Appeals from Customary Court of Appeal of a State

(1) An appeal shall lie from the decisions of a Customary Court of Appeal to the Court of Appeal as if right in any civil proceedings before the Customary Court of Appeal with respect to any question of Customary law and such other matters as may be prescribed by an Act of the National Assembly.

(2) Any right of Appeal to the Court of Appeal from the decisions of a Customary Court of Appeal conferred by this section shall be—

(a) exercisable at the instance of a party thereto of, with the leave of the Customary Court of Appeal or of the Court of Appeal, at the instance of any other person having an interest in the matter;

(b) exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

Appeals from Code of Conduct Tribunal and other courts and tribunals

(1) An appeal to the Court of Appeal shall lie as of right from—

(a) decisions of the Code of Conduct tribunal established in the Fifth Schedule to this Constitution;

(b) decisions of the National Assembly Election Tribunals and Governorship and Legislative Houses Election Tribunals on any question as to whether—

(i) any person has been validly elected as a member of the National Assembly or of a House of Assembly of a State under this Constitution;

(ii) any person has been validly elected to the office of Governor or Deputy Governor; or

(iii) the term of office of any person has ceased or the seat of any such person has become vacant.

(2) The National Assembly may confer jurisdiction upon the Court of Appeal to hear and determine appeals from any decision of any other court of law or tribunal established by the National Assembly.

(3) The decisions of the Court of Appeal in respect of appeals arising from election petitions shall be final.

Constitution

(1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the Court of Appeal shall be duly constituted if it consists of not les than three Justices of the Court of Appeal and in the case of appeals from—

(a) a Sharia Court of Appeal if it consists of not less than three Justices of the Court of Appeal learned in Islamic personal law; and

(b) a Customary Court of Appeal, if it consists of not less than three Justices of the Court of Appeal learned in Customary law.

Practice and procedure

Subject to the provisions of any Act of the National Assembly, the President of the Court of Appeal may make rules for regulating the practice and procedure of the Court of Appeal.

C – The Federal High Court

Establishment of the Federal High Court

(1) There shall be a Federal High Court.

(2) The Federal High Court shall consist of—

(a) a Chief Judge of the Federal High Court; and

(b) such number of Judges of the Federal High Court as may be prescribed by an Act of the National Assembly.

Appointment of Chief Judge and Judges of the Federal High Court

(1) The appointment of a person to the office of Chief Judge of the Federal High Court shall be made by the President on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Judge of the Federal High Court shall be made by the President on the recommendation of the National Judicial Council.

(3) A person shall not be qualified to hold the office of Chief Judge or a Judge of the Federal High Court unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.

(4) If the office of Chief Judge of the Federal High Court 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 the President, shall appoint the most senior Judge of the Federal High Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions to subsection (3) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the President shall not reappoint a person whose appointment has lapsed.

Jurisdiction

(1) Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the Federal High Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters—

(a) relating to the revenue of the government of the Federation in which the said Government or any organ thereof or a person suing or being sued on behalf of the said government is a party;

(b) connected with or pertaining to the taxation of companies and other bodies established or carrying on business in Nigeria and all other persons subject to Federal taxation;

(c) connected with or pertaining to customs and excise duties and export duties, including any claim by or against the Nigeria Customs Service or any member or officer thereof, arising from the performance of any duty imposed under any regulation relating to customs and excise duties and export duties;

(d) connected with or pertaining to banking, banks, other financial institutions, including any action between one bank and another, any action by or against the Central Bank of Nigeria arising from banking, foreign exchange, coinage, legal tender, bills of exchange, letter of credit, promissory notes and other fiscal measures:

Provided that this paragraph shall not apply to any dispute between an individual customer and his bank in respect of transactions between the individual customer and the bank;

(e) arising from the operation of the Companies and Allied Matters Act or any other enactment replacing that Act of regulating the operation of companies incorporated under the Companies and Allied Matters Act;

(f) any Federal enactment relating to copyright, patent, designs, trade marks and a passing-off, industrial designs and merchandise marks, business names, commercial and industrial monopolies, combines and trusts, standards of goods and commodities and industrial standard;

(g) any admiralty jurisdiction, including shipping and navigation of the River Niger or River Benue and their affluent and on such other inland waterway as may be designated by the enactment to be an international waterway, all Federal ports, (including the constitution and powers of the ports authorities for Federal ports) and carriage by sea;

(h) diplomatic, consular and trade representation;

(i) citizenship, naturalisation and aliens, deportation of persons who are not citizens of Nigeria, extradition, immigration into and emigration from Nigeria passports and visas;

(j) bankruptcy and insolvency;

(k) aviation and safety of aircraft;

(l) arms, ammunition and explosives;

(m) drugs and poisons;

(n) mines and minerals (including oil fields, oil mining, geological surveys and natural gas);

(o) weights and measures;

(p) the administration or the management and control of the Federal Government or any of its agencies;

(q) subject to the provisions of this Constitution, the operation and interpretation of this Constitution in so far as it affects the Federal Government or any if its agencies;

(r) any action or proceeding for a declaration or injunction affecting the validity of any executive or administrative action or decision by the Federal Government or any of its agencies; and

(s) such other jurisdiction, civil or criminal and whether to the exclusion of any other court or not as may be conferred upon it by an Act of the National Assembly:

Provided that nothing in the provisions of paragraphs (p), (q) and (r) of this subsection shall prevent a person from seeking redress against the Federal government or any of its agencies in an action for damages, injunction or specific performance where the action is based on any enactment, law or equity.

(2) The Federal High Court shall have and exercise jurisdiction and powers in respect of treason, treasonable felony and allied offences.

(3) The Federal High Court shall also have and exercise jurisdiction and powers in respect of criminal causes and matters in respect of which jurisdiction is conferred by subsection (1) of this section.

Powers

(1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or as may be conferred by an Act of the National Assembly, the Federal High Court shall have all the powers of the High Court of a State.

(2) Notwithstanding subsection (1) of this section, the National Assembly may by law make provisions conferred upon the Federal High Court powers additional to those conferred by this section as may appear necessary or desirable for enabling the Court more effectively to exercise its jurisdiction.

Constitution

The Federal High Court shall be duly constituted if it consists of at least one Judge of that Court.

Practice and procedure

Subject to the provisions of any Act of the National Assembly, the Chief Judge of the Federal High Court may make rules for regulating the practice and procedure of the Federal High Court.

D – TheHigh Court of the Federal Capital Territory

Establishment and composition of the High Court of the Federal Capital Territory, Abuja

(1) There shall be a High Court of the Federal Capital Territory, Abuja.

(2) The High Court of the Federal Capital Territory shall consist of—

(a) a Chief Judge of the Federal Capital Territory Abuja; and

(b) such number of Judges of the High Court as may be prescribed by an Act of the National Assembly.

Appointment of Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja

(1) The appointment of a person to the office of Chief Judge of the High Court of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Judge of the High Court of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council.

(3) A person shall not be qualified to hold the office of Chief Judge or a Judge of the High Court of the Federal Capital Territory, Abuja unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.

(4) If the office of Chief Judge of the High Court of the Federal Capital Territory, Abuja 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, the President shall appoint the most senior Judge of the High Court of the Federal Capital Territory, Abuja to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions to subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the President shall not reappoint a person whose appointment has lapsed.

Jurisdiction

(1) Subject to the provisions of section 251 and any other provisions of this Constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of the Federal Capital Territory, Abuja shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.

(2) The reference to civil or criminal proceedings in this section includes a reference to the proceedings which originated in the High Court of the Federal Capital Territory, Abuja to be dealt with by the Court in the exercise of its appellate or supervisory jurisdiction.

Constitution

The High Court of the Federal Capital Territory, Abuja shall be duly constituted if it consists of at least one Judge of that Court.

Practice and procedure

Subject to the provisions of any Act of the National Assembly, the Chief Judge of the High Court of the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the High Court of the Federal Capital Territory, Abuja.

E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja

Establishment of the Sharia Court Appeal of the Federal Capital Territory, Abuja

(1) There shall be a Sharia Court of Appeal of the Federal Capital Territory, Abuja.

(2) The Sharia Court of Appeal of the Federal Capital Territory, Abuja shall consist of—

(a) a Grand Kadi of the Sharia Court of Appeal; and

(b) such number of Kadis of the Sharia Court of Appeal as may be prescribed by an Act of the National Assembly.

Appointment of Grand Kadi and Kadis of Sharia Court of Appeal of the Federal Capital Territory, Abuja

(1) The appointment of a person to the office of the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Kadi of the Sharia Court of Appeal shall be made by the President on the recommendation of the National Judicial Council.

(3) A person shall not be qualified to hold the office as Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja unless—

(a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and has obtained a recognised qualification in Islamic Law from an institution acceptable to the National Judicial Council; or

(b) he has attended and has obtained a recognised qualification in Islamic law from an institution approved by the National Judicial Council and has held the qualification for a period of not less than twelve years; and—

(i) he either has considerable experience in the practice of Islamic law; or

(ii) he is a distinguished scholar of Islamic law.

(4) If the office of Grand Kadi of the Sharia Court of Appeal 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, the President shall appoint the most senior Kadi of the Sharia Court of Appeal to perform those functions.

Jurisdiction

(1) The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law.

(2) For the purpose of subsection (1) of this section, the Sharia Court of Appeal shall be competent to decide—

(a) any question of Islamic personal law regarding a marriage concluded in accordance with that law, including a question relating to the validity or dissolution of such a marriage or a question that depends on such a marriage and relating to family relationship or the guardianship of an infant;

(b) where all the parties to the proceedings are Muslims, any question of Islamic personal law regarding a marriage, including the validity or dissolution of that marriage, or regarding family relationship, a founding or the guardianship of an infant;

(c) any question of Islamic personal law regarding a wakf, gift, will or secession where the endower, donor, testator or deceased person is a Muslim;

(d) any question of Islamic personal law regarding an infant, prodigal or person of unsound mind who is a Muslim or the maintenance or the guardianship of a Muslim who is physically of mentally infirm; or

(e) where all the parties to the proceedings, being Muslim, have requested the court that hears the case in the first instance to determine that case in accordance with Islamic personal law, any other question.

Constitution

(1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Act of the National Assembly, the Sharia Court of Appeal shall be duly constituted if it consists of at least three Kadis of that Court.

Practice and procedure

Subject to the provisions of any Act of the National Assembly, the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.

F – The Customary Court of Appeal of the Federal Capital Territory, Abuja

Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja

(1) There shall be a Customary Court of Appeal of the Federal Capital Territory, Abuja.

(2) The Customary Court of Appeal of the Federal Capital Territory, Abuja shall consist of—

(a) a President of the Customary Court of Appeal; and

(b) such number of Judges of the Customary Court of Appeal as may be prescribed by an Act of the National Assembly.

Appointment of President and Judges of the Customary Court of Appeal

(1) The appointment of a person to the office of the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja shall be made by the President on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Judge of the Customary Court of Appeal shall be made by the President on the recommendation of the National Judicial Council.

(3) Apart from such other qualification as may be prescribed by an Act of the National Assembly, a person shall not be qualified to hold the office of President or Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja unless—

(a) he is a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and, in the opinion of the National Judicial Council he has considerable knowledge and experience in the practice of Customary law; or

(b) in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customary law.

(4) If the office of the President of the Customary Court of Appeal 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 the President shall appoint the next most senior Judge of the Customary Court of Appeal to perform those functions.

Jurisdiction

(1) The Customary Court of Appeal of the Federal Capital Territory, Abuja shall, in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Customary law.

Constitution

(1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Act of the National Assembly, the Customary Court of Appeal shall be duly constituted if it consists of at least three Judges of that Court.

Practice and procedure

Subject to the provisions of any Act of the National Assembly, the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja may make rules for regulating the practice and procedure of the Customary Court of Appeal of the Federal Capital Territory, Abuja.

PART III

State Courts

A – High Court of a State

Establishment of a High Court for each State

(1) There shall be a High Court for each State of the Federation.

(2) The High Court of a State shall consist of—

(a) a Chief Judge of a State;

(b) such number of Judges of the High Court as may be prescribed by the law of the House Assembly.

Appointment of Chief Judge and Judges of the High Court of a State

(1) The appointment of a person to the office of Chief Judge of a State shall be made by the governor of the State on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the House of Assembly of the State.

(2) The appointment of a person to the office of a Judge of the High Court of a State shall be made by the Governor of the State acting on the recommendation of the National Judicial Council.

(3) A person shall not be qualified to hold the office of a Judge of a High Court of a State unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years.

(4) If the office of Chief Judge of a State 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 the Governor of the State, shall appoint the most senior Judge of the High Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions to subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the Governor shall not reappoint a person whose appointment has lapsed.

Jurisdiction

(1) Subject to the provisions of section 251 and any other provisions of this Constitution the High Court of a State shall have jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.

(2) The reference to civil or criminal proceedings in this section includes a reference to the proceedings which originated in the High Court of a State and those which are brought before the High Court to be dealt with by the Court in the exercise of its appellate or supervisory jurisdiction.

Constitution

(1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Law, a High Court of a State shall be duly constituted if it consists of at least one Judge of that Court.

Practice and procedure

Subject to the provisions of any Law made by the House of Assembly, the Chief Judge of the State may make rules for regulating the practice and procedure of the High Court of a State.

B – Sharia Court of Appeal of a State

Establishment of the Sharia Court of Appeal of a State

(1) There shall be for any State that requires it a Sharia Court of Appeal for that State.

(2) The Sharia Court of Appeal of the State shall consist of—

(a) a Grand Kadi of the Sharia Court of Appeal; and

(b) such number of Kadis of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State.

Appointment of Grand Kadi and Kadis

(1) The appointment of a person to the office of the Grand Kadi of the Sharia Court of Appeal of a State shall be made by the Governor on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the House of Assembly of the State.

(2) The appointment of a person to the office of a Kadi of the Sharia Court of Appeal of a State shall be made by the Governor of the State on recommendation of the National Judicial Council.

(3) A person shall not be qualified to hold the office as Kadi of the Sharia Court of Appeal of a State unless—

(i) he either has considerable experience in the practice of Islamic law; or

(ii) he is a distinguished scholar of Islamic law.

(4) If the office of Grand Kadi of the Sharia Court of Appeal of a State 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, the Governor of the State shall appoint the most senior Kadi of the Sharia Court of Appeal to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions to subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the Governor shall not reappoint a person whose appointment has lapsed.

Jurisdiction

(1) The Sharia Court of Appeal shall, in addition to such other jurisdiction as may be conferred upon it by the Law of a State, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law which the Court is competent to decide in accordance with the provisions of subsection (2) of this section.

(2) For the purpose of subsection (1) of this section, the Sharia Court of Appeal shall be competent to decide—

(c) any question of Islamic personal law regarding a wakf, gift, will or secession where the endower, donor, testator or deceased person is a Muslim;

Constitution

(1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Law, a Sharia Court of Appeal shall be duly constituted if it consists of at least three Kadis of that Court.

Practice and procedure

Subject to the provisions of any Laws made by the House of Assembly of the State, the Grand Kadi of the Sharia Court of Appeal of the State may make rules for regulating the practice and procedure of the Sharia Court of Appeal.

C – Customary Court of Appeal of a State

Establishment of the Customary Court of Appeal

(1) There shall be for any State that requires it a Customary Court of Appeal for that State.

(2) The Customary Court of Appeal of a State shall consist of—

(a) a President of the Customary Court of Appeal of the State; and

(b) such number of Judges of the Customary Court of Appeal as may be prescribed by the House of Assembly of the State.

Appointment of President and Judges of the Customary Court of Appeal of a State

(1) The appointment of a person to the office of the President of the Customary Court of Appeal shall be made by the Governor of the State on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the House of Assembly of the State.

(2) The appointment of a person to the office of a Judge of the Customary Court of Appeal shall be made by the Governor of the State on the recommendation of the National Judicial Council.

(3) Apart from such other qualification as may be prescribed by any Law of the House of Assembly of the State, a person shall not be qualified to hold the office of President or Judge of the Customary Court of Appeal of a State unless—

(b) in the opinion of the National Judicial Council he has considerable knowledge of and experience in the practice of Customary law.

(4) If the office of the President of the Customary Court of Appeal of a State 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 the Governor of the State shall appoint the most senior Judge of the Customary Court of Appeal of the State to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions to subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the Governor shall not reappoint a person whose appointment has lapsed.

Jurisdiction

(1) A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involving questions of Customary law.

(2) For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and decide such questions as may be prescribed by the House of Assembly of the State for which it is established.

Constitution

(1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Law, a Customary Court of Appeal of a State shall be duly constituted if it consists of at least three Judges of that Court.

Practice and procedure

Subject to the provisions of any law made by the House of Assembly of the State, the President of the Customary Court of Appeal of the State may make rules for regulating the practice and procedure of the Customary Court of the State.

PART III

Election Tribunals

Establishment and jurisdiction of election tribunal

(1) There shall be established for the Federation one or more election tribunals to be known as the National Assembly Election Tribunal which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whether—

(a) any person has been validly elected as a member of the National Assembly;

(b) the term of office of any person under this Constitution has ceased;

(d) a question or petition brought before the election tribunal has been properly or improperly brought.

(2) There shall be established in each State of the Federation one or more election tribunal to be known as the Governorship and Legislative Houses Election tribunals which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of Governor or Deputy Governor or as a member of any legislative house.

(3) The composition of the National Assembly Election tribunals, Governorship and Legislative House Election tribunal shall be as set out in the Sixth Schedule to this Constitution.

[Sixth Schedule.]

(4) The quorum of an election tribunal established under this section shall be the Chairman and two other members.

PART IV

Supplemental

Jurisdiction of State courts in respect of Federal causes

(1) Subject to the provisions of this Constitution—

(a) whereby the Law of a State jurisdiction is conferred upon any court for the hearing and determination of civil causes and of appeals arising out of such causes, the Court shall have like jurisdiction with respect to the hearing and determination of Federal causes and of appeals arising out of such causes;

(b) where by the Law of a State jurisdiction is conferred upon any court for the investigation, inquiry into or trial or persons accused of offences against the laws of the State and with respect to the hearing and determination of appeals arising out of any such trial or out of any proceedings connected therewith, the court shall have like jurisdiction with respect to the investigation, inquiry into, or trial of persons for Federal offences and the hearing and determination of appeals arising out of the trial or proceedings; and

(c) the jurisdiction conferred on a court of a State pursuant to the provisions of this section shall be exercised in conformity with the practice and procedure for the time being prescribed in relation to its jurisdiction civil or criminal causes other than Federal causes.

(2) Nothing in the provisions of this section shall be construed except in so far as other provisions have been made by the operation of section 299 and 301 of this Constitution, as conferring jurisdiction as respects Federal causes or Federal offences upon a court presided over by a person who is not or has not been qualified to practice as a legal practitioner in Nigeria.

(3) In this section, unless the context otherwise requires—

“cause” includes matter;

“Federal cause” means civil or criminal cause relating to any matter with respect to which the National Assembly has power to make laws; and

“Federal offence” means an offence contrary to the provisions of an Act of the National Assembly or any law having effect as if so enacted.

Enforcement of decisions

(1) The decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons and by courts with subordinate jurisdiction to that of the Supreme Court.

(2) The decision of the Court of Appeal shall be enforced in any part of the Federation by all authorities and persons, and by other courts of law with subordinate jurisdiction to that of the Court of Appeal.

(3) The decisions of the Federal High Court, a High Court and of all other courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other courts of law with subordinate jurisdiction to that of the Federal High Court, a High Court and those other courts, respective.

Appointment of persons learned in Islamic personal law and Customary law

(1) In exercising his power under the foregoing provisions of this Chapter in respect of appointments to the office of Justices of the Supreme Court and Justice of the Court of Appeal, the President shall have regard to the need to ensure that there are among the holders of such offices persons learned in Islamic personal law and persons learned in Customary law.

(2) For the purpose of subsection (1) of this section—

(a) a person shall be deemed to be learned in Islamic personal law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of Justice of the Supreme Court or not les than twelve years in the case of a Justice of the Court of Appeal and has in either case obtained a recognised qualification in Islamic law from an institution acceptable to the National Judicial Council; and

(b) a person shall be deemed to be learned in Customary law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of Justice of the Supreme Court or not less than twelve years in the case of a Justice of the Court of Appeal and has in either case and in the opinion of the National Judicial Council considerable knowledge of and experience in the practice of Customary law.

Disqualification of certain legal practitioners

No legal practitioner shall be qualified for appointment as a Justice of the Supreme Court, the Court of Appeal or a Judge of a Federal High Court or a Judge of a High Court or a Kadi of a Sharia Court of Appeal or a Judge of the Customary Court of Appeal whilst he is a member of the National Judicial Council or the Federal Judicial Service Commission or the Judicial Service Committee of the Federal Capital Territory, Abuja or a State Judicial Service Commission, and he shall remain so disqualified until a period of three years has elapsed since he ceased to be a member.

Declaration of assets and liabilities; oaths of judiciary officers

(1) A person appointed to any judicial office shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed under this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the Judicial Oath prescribed in the Seventh Schedule of this Constitution.

(2) The oaths aforesaid shall be administered by the person for the time being authorised by law to administer such oath.

Tenure of office and pension rights of judicial officers

(1) A judicial officer appointed to the Supreme Court or the Court of Appeal may retire when he attains the age of sixty-five years and he shall cease to hold office when he attains the age of seventy years.

(2) A judicial officer appointed to any other court, other than those specified in subsection (1) of this section may retire when he attains the age of sixty years and he shall cease to hold office when he attains the age of sixty-five years.

(3) Any person who has held office as a judicial officer—

(a) for a period of not less than fifteen shall, if he retires at or after the age of sixtyfive in the case of the Chief Justice of Nigeria, a Justice of the Supreme Court, the President of the Court of Appeal or a Justice of the Court of Appeal or at or after the age of sixty years in any other case, be entitled to pension for life to a rate equivalent to his last annual salary and all his allowances in addition to any other retirement benefits to which he may be entitled;

(b) for a period of less than fifteen years shall, if he retires at or after the age of sixtyfive years or sixty years, as the case may be, be entitled to pension for life at a rate as in paragraph (a) of this subsection pro rata the number of years he served as a judicial officer in relation to the period of fifteen years, and all his allowances in addition to other retirement benefits to which he may be entitled under his term and conditions of service; and

(c) in any other case, shall be entitled to such pension and other retirement benefits as may be regulated by an Act of the National Assembly or by Law of a House of Assembly of a State.

(4) Nothing in this section or elsewhere in this Constitution shall preclude the application of the provisions of any other law that provides for pensions, gratuity and other retirement benefits for persons in the public service of the Federation of a State.

Removal of judicial officers from office

(1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances—

(a) in the case of—

(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate;

(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State, praying that he be so removed for his inability to discharge the functions of this office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;

(b) in any case, other than those to which paragraph 9 (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.

(2) Any person who has held office as a judicial officer shall not on ceasing to be judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in Nigeria.

Vacancies

Except for the purpose of exercising any jurisdiction conferred by this Constitution or by any other law, every court established under this Constitution shall be deemed to be duly constituted notwithstanding any vacancy in the membership of the court.

Determination of causes and matters

(1) Every court established under this Constitution shall deliver its decisions in writing not later than ninety days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter determined with duly authenticated copies within seven days of the delivery thereof.

(2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion:

Provided that it shall not be necessary for all the Justices who heard a cause or matter to be present when judgement is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing.

(3) A decision of a court consisting of more than one judge shall be determined by the opinion of the majority of its members.

(4) For the purpose of delivering its decision under this section, the Supreme Court, or the Court of Appeal shall be deemed to be duly constituted if at least one member of that Court sits for that purpose.

(5) The decision of a court shall not be set aside or treated as ability solely on the ground of non-compliance with the provisions of subsection (1) of this section unless the court exercising jurisdiction by way of appeal or review of the decision is satisfied that the party complaining has suffered a miscarriage of justice by reason thereof.

(6) As soon as possible after hearing and deciding any case in which it has been determined or observed that there was non-compliance with the provisions of subsection (1) of this section, the person presiding at the sitting of the court shall send a report on the case to the Chairman of the National Judicial Council who shall keep the Council informed of such action as the Council may deem fit.

Reference of questions of law

(1) Where any question as to the interpretation or application of this Constitution arises in any proceedings in any court of law in any part of Nigeria (other than in the Supreme Court, the Court of Appeal, the Federal High Court or a High Court) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any of the parties to the Court having jurisdiction in that part of Nigeria and the Federal High Court or the High Court shall—

(a) if it is of opinion that the question involves a substantial question of law, refer the question to the Court of Appeal; or

(b) if it is of opinion that the question does not involve a substantial question of law, remit the question to the Court that made the reference to be disposed of in accordance with such directions as the Federal High Court or the High Court may think fit to give.

(2) Where any question as to the interpretation or application of this Constitution arises in any proceedings in the Federal High Court or a High Court, and the court is of opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so request in pursuance of this subsection, the court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision.

(3) Where any question as to the interpretation or application of this Constitution arises in any proceedings in the Court of Appeal and the court is of the opinion that the question involves a substantial question of law, the court may, and if any party to the proceedings so requests, refer the question to the Supreme Court which shall give its decision upon the question and give such directions to the Court of Appeal as it deems appropriate.

Interpretation

In this Chapter, unless the context otherwise requires, “office” when used with reference to the validity of an election to an office includes the office of President of the Federation, Vice-President of the Federation and Governor or Deputy Governor of a State but does not include the office of President of the Senate, Speaker of the House of Representatives, Speaker of a House of Assembly or any office not established by this Constitution.

CHAPTER VIII

Federal Capital Territory, Abuja and General Supplementary Provisions

PART I

Federal Capital Territory, Abuja

Federal Capital Territory, Abuja: ownership of lands

(1) There shall be a Federal Capital Territory, Abuja the boundaries of which are as defined in Part II of the First Schedule to this Constitution.

(2) The ownership of all lands comprised in the Federal Capital Territory, Abuja shall vest in the Government of the Federal Republic of Nigeria.

Capital of the Federation

The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly—

(a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State, shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja;

(b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and

(c) the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations and may be reasonably necessary to bring them into conformity with the provisions of this section.

Application of Constitution

The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly—

(a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja;

(b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and

(c) the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section.

Representation in the National Assembly

For the purposes of Chapter V of this Constitution, the Federal Capital Territory, Abuja shall constitute one Senatorial district and as many Federal constituencies as it is entitled to under section 49 of this Constitution.

Adaptation of certain reference

Without prejudice to the generality of the provisions of section 299 of this Constitution, in its application to the Federal Capital Territory, Abuja this Constitution shall be construed as if—

(a) references to the Governor, Deputy Governor and the executive council of a State (howsoever called) were references to the President, Vice-President and the executive council of the Federation (howsoever called) respectively;

(b) reference to the Chief Judge and Judges of the High Court of a State were references to the Chief Judge and Judges of the High Court, which is established for the Federal Capital Territory, Abuja by the provisions of this Constitution; and

(c) reference to persons, offices and authorities of a State were references to the persons, offices and authorities of the Federation with like status, designations and powers, respectively; and in particular, as if references to the Attorney-General, Commissioners and the Auditor-General for a State were references to the Attorney- General, Ministers and the Auditor-General of the Federation with like status, designations and powers.

Minister of Federal Capital Territory, Abuja

The President may, in exercise of the powers conferred upon him by section 147 of this Constitution, appoint for the Federal Capital Territory, Abuja a Minister who shall exercise such powers and perform such functions as may be delegated to him by the President, from time to time.

Administration of the Federal Capital Territory, Abuja

The Federal Capital Territory Abuja shall comprise six area councils and the administrative and political structure thereof shall be as provided by an Act of the National Assembly.

Establishment of the Judicial Committee of the Federal Capital Territory, Abuja

(1) There shall be for the Federal Capital Territory Abuja, a Judicial Service Committee of the Federal Capital Territory, Abuja, the composition and functions of which shall be as provided in Part III of the Third Schedule to this Constitution.

[Part III, Third Schedule.]

(2) The provisions of section 154 (1) and (3), 155, 156, 157 (1) and (2), 158 (1) and 159 to 161 of this Constitution shall apply with necessary modifications to the Judicial Service Committee of the Federal Capital Territory, Abuja.

PART II

Miscellaneous Provisions

Procedure for declaration of state of emergency

(1) Subject to the provisions of this Constitution, the President may by instrument published in the Official Gazette of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof.

(2) The President shall immediately after the publication, transmit copies of the Official Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.

(3) The President shall have power to issue a Proclamation of a State of emergency only when—

(a) the Federation is at war;

(b) the Federation is at imminent danger of invasion or involvement in a state of war;

(c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measure to restore peace and security;

(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measure to avert such danger;

(e) there is an occurrence of imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;

(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or

(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.

(4) The Governor of a State may, with the sanction of a resolution supported by two-third majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State.

(5) The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such Proclamation.

(6) A Proclamation issued by the President under this section shall cease to have effect—

(a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;

(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;

Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or

(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple resolution of all the members of each House.

Resignation

(1) Save as otherwise provided in this section, any person who is appointed, elected or otherwise selected to any office established by this Constitution may resign from that office by writing under his hand addressed to the authority or person by whom he was appointed, elected or selected.

(2) The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.

(3) The notice of resignation of the President and of the Vice-President shall respectively be addressed to the President of the Senate and to the President.

(4) On the resignation of the President of the Senate, the Senate shall forthwith give notice of the resignation to the Speaker of the House of Representative.

(5) The notice of resignation of the Governor and of the Deputy Governor of a State shall respectively be addressed to the Speaker of the House of Assembly and the Governor of the State

(6) The notice of resignation of the President of the Senate and of the Speaker of the House of Representatives shall in each case be addressed to the Speaker of the National Assembly, and the notice of resignation of the Speaker of a House of Assembly shall be addressed to the Clerk of the House of Assembly of the State.

(7) The notice of resignation of a member of a legislative house shall be addressed to the President of the Senate or, as the case may require, to the Speaker of the legislative house in question.

Restriction on certain citizen

Notwithstanding any provisions contained in Chapter IV and subject to sections 131 and 177 of this Constitution, no citizen of Nigeria by registration or under a grant of certificate of naturalisation shall within ten years of such registration or grant, hold any elective or appointive office under this Constitution.

Restriction on legal proceedings

(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section—

(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;

(b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and

(c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued:

Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.

(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.

(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.

PART III

Transitional Provisions and Savings

Citizenship

Notwithstanding the provisions of Chapter III of this Constitution but subject to section 28 thereof, any person who becomes a citizen of Nigeria by birth, registration or naturalisation under the provisions of any other Constitution shall continue to be a citizen of Nigeria under this Constitution.

Staff of legislative houses

(1) Until the National Assembly or a House of Assembly has exercised its powers to initiate legislation in accordance with the provisions of section 51 or 93 of this Constitution, the Clerk or other staff of a legislative house shall be appointed, as respects each House of the National Assembly by the Federal Civil Service Commission, and as respects a house of Assembly by the State Civil Service Commission.

(2) In exercising its powers under the provisions of this section, the Federal Civil Service Commission shall consult, as appropriate, the President of the Senate or the Speaker of the House of the Representatives, and a State Civil Service Commission shall consult the Speaker of the House of Assembly of the State.

Standing orders

(1) The provisions of this section shall have effect until the National Assembly or a House of Assembly exercises the powers conferred upon it by section 60 or 101 of this Constitution as appropriate.

(2) The Standing Orders of the Senate established under the former Constitution shall apply in relation to the proceedings in the Senate established under this Constitution.

(3) The Standing Orders of the House of Representatives established under former Constitution shall apply in relation to the proceedings in the House of Representatives established under this Constitution.

(4) The Standing Orders of the House of Assembly established under former Constitution shall apply in relation to the proceedings in the House of Assembly of a State established under this Constitution.

(5) The Standing Orders of the former legislative houses referred to in subsections (2), (3) and (4) of this section, shall apply in relation to a legislative house with such modifications as may be necessary to bring them into conformity with the provisions of this Constitution.

(6) In this section, the “former Constitution” refers to the Constitution of the Federal Republic of Nigeria 1979.

Special provisions in respect of first election

(1) The electoral commission established for the Federation under any law in force immediately before the date when this section comes into force shall be responsible for performing the functions conferred on the Independent National Electoral Commission established by the provisions of this Constitution.

(2) Any person who before the coming into force of this Constitution was elected to any elective office mentioned in this Constitution in accordance with the provision of any law in force immediately before the coming into force of this Constitution shall be deemed to have been duly elected to that office under this Constitution.

System of revenue allocation

Pending any Act of the National Assembly for the provision of a system of revenue allocation between the Federation and the States, among the States, between the States and local government councils and among the local government councils in the States, the system of revenue allocation in existence for the financial year beginning from 1st January 1998 and ending on 31st December 1998 shall, subject to the provisions of this Constitution and as from the date when this section comes into force, continue to apply:

Provided that where functions have been transferred under this Constitution from the Government of the Federation to the States and from the State to local government councils the appropriations in respect of such functions shall also be transferred to the States and the local government councils, as the case may require.

Debts

Any debt of the Federation or of a State which immediately before the date when this section comes into force was charged on the revenue and assets of the Federation or on the revenue and assets of a State shall, as from the date when this section comes into force, continue to be so charged.

Existing law

(1) Subject to the provisions of this Constitution, an existing law shall have effect with such modifications as may be necessary to bring it into conformity with the provisions of this Constitution and shall be deemed to be—

(a) an Act of the National Assembly to the extent that it is a law with respect to any matter on which the National Assembly is empowered by this Constitution to make laws; and

(b) a Law made by the House of Assembly to the extent that it is a law with respect to any matter on which a House of Assembly is empowered by this Constitution to make laws.

(2) The appropriate authority may at any time by order make such modifications in the text of any existing law as the appropriate authority considers necessary or expedient to bring that law into conformity with the provisions of this Constitution.

(3) Nothing in this Constitution shall be construed as affecting the power of a court of law or any tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any law, that is to say—

(a) any other existing law;

(b) a Law of a House of Assembly;

(d) any provision of this Constitution.

(4) In this section, the following expressions have the meanings assigned to them, respectively—

(a) “appropriate authority” means—

(i) the President, in relation to the provisions of any law of the Federation;

(ii) the Governor of a State, in relation to the provisions of any existing law deemed to be a law made by the House of Assembly of that State;

(iii) any person appointed by any law to revise or rewrite the laws of the Federation or of a State;

(b) “existing law” means any law and includes any rule or law or any enactment or instrument whatsoever which is in force immediately before the date when this section comes into force or which having been passed or made before the date comes into force after that date; and

(5) Nothing in this Constitution shall invalidate the following enactments, that is to say—

(a) the National Youth Service Corps Decree 1993;

(b) the Public Complaint Commission Act;

(d) the Land Use Act,

and the provisions of those enactment shall continue to apply and have full effect in accordance with their tenor and to the like extent as any other provisions forming part of this Constitution and shall not be altered or repealed except in accordance with the provisions of section 9 (2) of this Constitution.

(6) Without prejudice to subsection (5) of this section, the enactments mentioned in the said subsection shall hereafter continue to have effect as Federal enactment and as if they relate to matters included in the exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

Existing offices, court and authorities

(1) Any office, court of law or authority which immediately before the date when this section comes into force was established and charged with any function by virtue of any other Constitution or law shall be deemed to have been duly established and shall continue to be charged with such function until other provisions are made, as if the office, court of law or authority as established and charged with the function by virtue of this Constitution or in accordance with the provisions of a law made thereunder.

(2) Any person who immediately before the date when this section comes into force holds office by virtue of any other constitution or law in force immediately before the date when this section comes into force shall be deemed to be duly appointed to that office by virtue of this Constitution or by any authority by whom appointments to that office fall to be made in pursuance of this Constitution.

(3) Notwithstanding the provisions of subsection (2) of this section, any person holding such office, a member of a court of law or authority, who would have been required to vacate such office, or where his membership of such court of law or authority would have ceased but for the provisions of the said subsection (2) of this section, shall at the expiration of the period prescribed therefor after the date when this section comes into force vacate such office or, as the case may be, his membership of such court of law or authority shall cease, accordingly.

(4) The foregoing provisions of this section are without prejudice to the exercise of such powers as may be conferred by virtue of this Constitution or a law upon any authority or person to make provisions with respect to such matters as may be prescribed or authorised by this Constitution or such law, including the establishment and abolition of offices, courts of law or authorities, and with respect to the appointment of persons to hold offices or to be members of courts of law or authorities and their removal from such offices, courts of law or authorities.

Succession to property, rights, liabilities and obligations

(1) Without prejudice to the generality of section 315 of this Constitution, any property, right, privilege, liability or obligation which immediately before the date when this section comes into force was vested is exercisable or enforceable by or against—

(a) the former authority of the Federation as representative or trustee for the benefit of the Federation;

(b) any former authority of a State as representative or trustee for the benefit of the State,

shall on the date when this section comes into force and without further assurance than the provisions hereof vest in, or become exercisable or enforceable by or against the President and Government of the Federation, and the Governor and Government of the State, as the case may be.

(2) For the purpose of this section—

(a) the President and Government of the Federation, and the Governor and Government of a State, shall be deemed, respectively to be successors to the said former authority of the Federation and former authority of the State in question; and

(b) references in this section to “former authority of the Federation” and “former authority of a State” include references to the former Government of the Federation and the former Government of a State, a local government authority or any person who exercised any authority on its behalf.

PART IV

Interpretation, citation and commencement

Interpretation

(1) In this Constitution, unless it is otherwise expressly provided or the context otherwise requires—

“Act” or “Act of the National Assembly” means any law made by the National Assembly and includes any law which takes effect under the provisions of this Constitution as an Act of the National Assembly;

“appointment” or its cognate expression includes appointment on promotion and transfer or confirmation of appointment;

“area council” means each of the administrative areas within the Federal Capital Territory, Abuja;

“authority” includes government;

“belong to” or its grammatical expression when used with reference to a person in a State refers to a person either of whose parents or any of whose grandparents was a member of a community indigenous to the State;

“civil service of the Federation” means service of the Federation in a civil capacity as staff of the office of the President, the Vice-President, a ministry or department of the Government of the Federation assigned with the responsibility for any business of the Government of the Federation;

“civil service of the State” means service of the Government of a State in a civil capacity as staff of the office of the Governor, Deputy Governor, or a ministry or department of the Government of the State assigned with the responsibility for any business of the Government of the State;

“Code of Conduct” refers to the Code of Conduct contained in the Fifth Schedule to this Constitution;

“Commissioner” means a Commissioner of the Government of a State;

“Current Legislative List” means the list of matter set out in the first column in Part II of the Second Schedule to this Constitution with respect to which the National Assembly and a House of Assembly may make laws to the extent prescribed, respectively, opposite thereto in the second column thereof;

“decision” means in relation to a court, any determination of that court and includes judgment, decree, order, conviction, sentence or recommendation;

“enactment” means provisions of any law or a subsidiary instrument;

“executive Legislative List” means the list of Part I of the Second Schedule to the Constitution;

“existing law” has the meaning assigned to it in section 315 of this Constitution;

“federal character of Nigeria” refers to the distinctive desire of the peoples of Nigeria to promote national unity, foster national loyalty and give every citizen of Nigeria a sense of belonging to the nation as expressed in section 14 (3) and (4) of this Constitution;

“Federation” means the Federal Republic of Nigeria;

“financial year” means any period of twelve months beginning on the first day of January in any year or such other date as the National Assembly may prescribe;

“function” includes power and duty;

“government” includes the Government of the Federation, or of any State, or of a local government council or any person who exercises power or authority on its behalf;

“Governor” or “Deputy Governor” means the Governor of a State or a Deputy Governor of a State;

“House of Assembly” means the House of Assembly of a State;

“judicial office” means the office of Chief Judge of Nigeria or a Justice of the Supreme Court, the President or Justice of the Court of Appeal, the office of the Chief Judge or a Judge of the Federal High Court, the office of the Chief Judge or Judge of the High Court of the Federal Capital Territory, Abuja, the office of the Chief Judge of a State and Judge of the High Court of a State, a Grand Kadi or Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, a President or Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja, a Grand Kadi or Kadi of the Sharia Court of Appeal of a State, or President or a Judge of the Customary Court of Appeal of a State, and a reference to a “judicial officer” is a reference to the holder of any such office;

“Law” means a law enacted by the House of Assembly of a State;

“legislative house” means the Senate, House of Representatives or a House of Assembly;

“local government area” or “local government council” includes an area council;

“member” when used with reference to any commission or other bodies established by this Constitution includes the Chairman of that commission or body;

“Minister” means a Minister of the Government of the Federation;

“National Assembly” means the Senate and the House of Representative established by this Constitution;

“oath” includes affirmation;

“Oath of Allegiance” means the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution;

“office” when used with reference to the validity of an election means any office the appointment to which is by election under this Constitution;

“population quota”—

(a) when used with reference to a Senatorial district means the number obtained by dividing the number of the inhabitants of a State by the number of districts into which that State is divided under section 71 (a) of this Constitution;

(b) when used with reference to a Federal constituency means the number obtained by dividing the number of the inhabitants of Nigeria by the number of Federal constituencies into which that State is divided under section 71 (b) of this Constitution; and

(c) when used with reference to a State constituency means the number obtained by dividing the number of the inhabitants of a State by the number of State constituencies into which that State is divided under section 112 of this Constitution;

“power” includes function and duty;

“prescribed” means prescribed by or under this Constitution or any other law;

“President” or “Vice-President” means the President or Vice-President of the Federal Republic of Nigeria;

“public service of the Federation” means the service of the Federation in any capacity in respect of the Government of the Federation, and includes service as—

(a) Clerk or other staff of the National Assembly or of each House of the National Assembly;

(b) member of staff of the Supreme Court, the Court of Appeal, the Federal High Court, the High Court of the Federal Capital Territory, Abuja, the Sharia Court of Appeal of the Federal Capital Territory, Abuja, the Customary Court of Appeal of the Federal Capital Territory, Abuja or other courts established for the Federation by this Constitution and by an Act of the National Assembly;

(c) member of staff of any commission or authority established for the Federation by this Constitution or by an Act of the National Assembly;

(d) staff of any area council;

(e) staff of any statutory corporation established by an Act of the National Assembly;

(f) staff of any educational institution established or financed principally by the Government of the Federation;

(g) staff of any company or enterprise in which the Government of the Federation or its agency owns controlling shares or interest; and

(h) members or officers of the armed forces of the Federation or the Nigeria Police Force or other government security agencies established by law;

“public service of a State” means the service of the State in any capacity in respect of the Government of the State and includes service as—

(a) clerk or other staff of the House of Assembly;

(b) member of staff of the High Court, the Sharia Court of Appeal, the Customary Court of Appeal or other courts established for a State by this Constitution or by a Law of a House of Assembly;

(c) member or staff of any commission or authority established for the State by this Constitution or by a Law of a House of Assembly;

(d) staff of any local government council;

(e) staff of any statutory corporation established by a Law of a House of Assembly;

(f) staff of any educational institution established or financed principally by a government of a State; and Staff of any company or enterprise in which the government of a State or its agency holds controlling shares or interest;

“School Certificate or its equivalent” means—

(a) a Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or

(b) education up to Secondary School Certificate level; or

(i) service in the public or private sector in the Federation in any capacity acceptable to the Independent National Electoral Commission for a minimum of ten years; and

(ii) attendance at courses and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totalling up to a minimum of one year; and

(iii) the ability to read, write, understand and communicate in the English language to the satisfaction of the Independent National Electoral Commission;

(d) any other qualification acceptable by the Independent National Electoral Commission;

“secret society” includes any society, association, group or body of persons (whether registered or not)—

(a) that uses secret signs, oaths, rites or symbols and which is formed to promote a cause, the purpose or part of the purpose of which is to foster the interest of its members and to aid one another under any circumstance without due regard to merit, fair play or justice, to the detriment of the legitimate interest of those who are not members;

(b) the membership of which is incompatible with the function or dignity of any public office under this Constitution and whose members are sworn to observe oaths of secrecy; or

(c) the activities of which are not known to the public at large, the names of whose members are kept secret and whose meetings and other activities are held in secret;

“State” when used otherwise than in relation to one of the component parts of the Federation, includes government.

(2) Wherever it is provided that any authority or person has power to make, recommend or approve an appointment to an office, such power shall be construed as including the power to make, recommend or approve a person for such appointment, whether on promotion or otherwise, or to act in any such office.

(3) In this Constitution, references to a person holding an office shall include references to a person acting in such office.

(4) The Interpretation Act shall apply for the purposes of interpreting the provisions of this Constitution.

Citation

This Constitution may be cited as the Constitution of the Federal Republic of Nigeria 1999.

Commencement

The provisions of this Constitution shall come into force on 29th day of May 1999.

SCHEDULES

FIRST SCHEDULE

[Section 3.]

PART I

States of the Federation

State Local Government Areas Capital City

Abia Aba North, Aba South, Arochukwu, Bende, Ikwuano, Isiala-Ngwa

North, Isiala-Ngwa South, Isuikwuato, Obi Ngwa, Ohafia, Osisioma

Ngwa, Ugwunagbo, Ukwa East, Ukwa West, Umuahia North,

Umuahia South, Umu-Nneochi

Umuahia

Adamawa Demsa, Fufore, Ganye, Girei, Gombi, Guyuk, Hong, Jada, Lamurde,

Madagali, Maiha, Mayo-Belwa, Michika, Mubi North,

Mubi South, Numan, Shelleng, Song, Toungo, Yola North, Yola

South

Yola

Akwa Ibom Abak, Eastern Obolo, Eket, Esit Eket, Essien Udim, Etim Ekpo,

Etinan, Ibeno, Ibesikpo Asutan, Ibiono Ibom, Ika, Ikono, Ikot

Abasi, Ikot Ekpene, Ini, Itu, Mbo, Mkpat Enin, Nsit Atai, Nsit

Ibom, Nsit Ubium, Obot Akara, Okobo, Onna, Oron, Oruk Anam,

Udung Uko, Ukanafun, Uruan, Urue-Offong/Oruko, Uyo

Uyo

FIRST SCHEDULE—(continued)

State Local Government Areas Capital City

Anambra Aguata, Anambra East, Anambra West, Anaocha, Awka North,

Awka South, Ayamelum, Dunukofia, Ekwusigo, Idemili North,

Idemili South, Ihiala, Njikoka, Nnewi North, Nnewi South, Ogbaru,

Onitsha North, Onitsha South, Orumba North, Orumba

South, Oyi

Awka

Bauchi Alkaleri, Bauchi, Bogoro, Damban, Darazo, Dass, Gamawa, Ganjuwa,

Giade, Itas/Gadau, Jama’are, Katagum, Kirfi, Misau, Ningi,

Shira, Tafawa-Balewa,Toro, Warji, Zaki

Bauchi

Bayelsa Brass, Ekeremor, Kolokuma/Opokuma, Nembe, Ogbia, Sagbama,

Southern Ijaw, Yenegoa

Yenegoa

Benue Ado, Agatu, Apa, Buruku, Gboko, Guma, Gwer East, Gwer West,

Katsina-Ala, Konshisha, Kwande, Logo, Makurdi, Obi, Ogbadibo,

Oju, Okpokwu, Ohimini, Oturkpo, Tarka, Ukum, Ushongo, Vandeikya

Makurdi

Borno Abadam, Askira/Uba, Bama, Bayo, Biu, Chibok, Damboa, Dikwa,

Gubio, Guzamala, Gwoza, Hawul, Jere, Kaga, Kala/Balge, Konduga,

Kukawa, Kwaya Kusar, Mafa, Magumeri, Maiduguri, Marte,

Mobbar, Monguno, Ngala, Nganzai, Shani

Maiduguri

Cross River Abi, Akamkpa, Akpabuyo, Bakassi, Bekwara, Biase, Boki, Calabar-

Municipal, Calabar South, Etung, Ikom, Obanliku, Obubra,

Obudu, Odukpani, Ogoja, Yakurr, Yala

Calabar

Delta Aniocha North, Aniocha South, Bomadi, Burutu, Ethiope East,

Ethiope West, Ika North East, Ika South, Isoko North, Isoko

South, Ndokwa East, Ndokwa West, Okpe, Oshimili North,

Oshimili South, Patani, Sapele, Udu, Ughelli North, Ughelli South,

Ukwuani, Uvwie, Warri North, Warri South, Warri South West

Asaba

Ebonyi Abakaliki, Afikpo North, Afikpo South, Ebonyi, Ezza North, Ezza

South, Ikwo, Ishielu, Ivo, Izzi, Ohaozara, Ohaukwu, Onicha

Abakaliki

Edo Akoko-Edo, Egor, Esan Central, Esan North East, Esan South

East, Esan West, Etsako Central, Etsako East, Etsako West, Igueben,

Ikpoba-Okha, Oredo, Orhionmwon, Ovia North East, Ovia

South West, Owan East, Owan West, Uhunmwonde

Benin City

Ekiti Ado Ekiti, Aiyekire, Efon, Ekiti East, Ekiti South West, Ekiti

West, Emure, Ido-Osi, Ijero, Ikere, Ikole, Ilejemeji, Irepodun/

Ifelodun, Ise/Orun, Moba, Oye

Ado Ekiti

Enugu Aninri, Awgu, Enugu East, Enugu North, Enugu South, Ezeagu,

Igbo-Etiti, Igbo-Eze North, Igbo-Eze South, Isi-Uzo, Nkanu East,

Nkanu West, Nsukka, Oji-River, Udenu, Udi, Uzo-Uwani

Enugu

Gombe Akko, Balanga, Billiri, Dukku, Funakaye, Gombe, Kaltungo,

Kwami, Nafada, Shomgom, Yamaltu/Deba

Gombe

CAP. C12

Constitution of the Federal Republic of Nigeria 1999

[Issue 1] C12 – 120

FIRST SCHEDULE—(continued)

State Local Government Areas Capital City

Imo Aboh-Mbaise, Ahiazu-Mbaise, Ehime-Mbano, Ezinihitte, Ideato

North, Ideato South, Ihitte/Uboma, Ikeduru, Isiala Mbano, Isu,

Mbaitoli, Ngor-Okpala, Njaba, Nwangele, Nkwerre, Obowo,

Oguta, Ohaji/Egbema, Okigwe, Orlu, Orsu, Oru East, Oru West,

Owerri-Municipal, Owerri North, Owerri West, Onuimo

Owerri

Jigawa Auyo, Babura, Birnin Kudu, Biriniwa, Buji, Dutse, Gagarawa,

Garki, Gumel, Guri, Gwaram, Gwiwa, Hadejia, Jahun, Kafin

Hausa, Kaugama, Kazaure, Kiri Kasamma, Kiyawa, Maigatari,

Malam Madori, Miga, Ringim, Roni, Sule-Tankarkar, Taura,

Yankwashi

Dutse

Kaduna Birnin-Gwari, Chikun, Giwa, Igabi, Ikara, Jaba, Jema’a, Kachia,

Kaduna North, Kaduna South, Kagarko, Kajuru, Kaura, Kauru,

Kubau, Kudan, Lere, Makarfi, Sabon-Gari, Sanga, Soba, Zangon-

Kataf, Zaria

Kaduna

Kano Ajingi, Albasu, Bagwai, Bebeji, Bichi, Bunkure, Dala, Dambatta,

Dawakin Kudu, Dawakin Tofa, Doguwa, Fagge, Gabasawa,

Garko, Garum Mallam, Gaya, Gezawa, Gwale, Gwarzo, Kabo,

Kano Municipal, Karaye, Kibiya, Kiru, Kumbotso, Kunchi, Kura,

Madobi, Makoda, Minjibir, Nasarawa, Rano, Rimin Gado, Rogo,

Shanono, Sumaila, Takai, Tarauni, Tofa, Tsanyawa, Tudun Wada,

Ungogo, Warawa, Wudil

Kano

Katsina Bakori, Batagarawa, Batsari, Baure, Bindawa, Charanchi, Dandume,

Danja, Dan Musa, Daura, Dutsi, Dutsin-Ma, Faskari, Funtua,

Ingawa, Jibia, Kafur, Kaita, Kankara, Kankia, Katsina, Kurfi,

Kusada, Mai’Adua, Malumfashi, Mani, Mashi, Matazu, Musawa,

Rimi, Sabuwa, Safana, Sandamu, Zango

Katsina

Kebbi Aleiro, Arewa-Dandi, Argungu, Augie, Bagudo, Birnin Kebbi,

Bunza, Dandi, Fakai, Gwandu, Jega, Kalgo, Koko/Besse, Maiyama,

Ngaski, Sakaba, Shanga, Suru, Wasagu/Danko, Yauri, Zuru

Birnin Kebbi

Kogi Adavi, Ajaokuta, Ankpa, Bassa, Dekina, Ibaji, Idah, Igalamela-

Odolu, Ijumu, Kabba/Bunu, Kogi, Lokoja, Mopa-Muro, Ofu,

Ogori/Magongo, Okehi, Okene, Olamabolo, Omala, Yagba East,

Yagba West

Lokoja

Kwara Asa, Baruten, Edu, Ekiti, Ifelodun, Ilorin East, Ilorin South, Ilorin

West, Irepodun, Isin, Kaiama, Moro, Offa, Oke-Ero, Oyun, Pategi

Ilorin

Lagos Agege, Ajeromi-Ifelodun, Alimosho, Amuwo-Odofin, Apapa,

Badagry, Epe, Eti-osa, Ibeju/Lekki, Ifako-Ijaye, Ikeja, Ikorodu,

Kosofe, Lagos Island, Lagos Mainland, Mushin, Ojo, Oshodi-

Isolo, Shomolu, Surulere

Ikeja

Nasarawa Akwanga, Awe, Doma, Karu, Keana, Keffi, Kokona, Lafia, Nasarawa,

Nasarawa-Eggon, Obi, Toto, Wamba

Lafia

Niger Agaie, Agwara, Bida, Borgu, Bosso, Chanchaga, Edati, Gbako,

Gurara, Katcha, Kontagora, Lapai, Lavun, Magama, Mariga,

Mashegu, Mokwa, Muya, Paikoro, Rafi, Rijau, Shiroro, Suleja,

Tafa, Wushishi

Minna

FIRST SCHEDULE—(continued)

State Local Government Areas Capital City

Ogun Abeokuta North, Abeokuta South, Ado-Odo/Ota, Egbado North,

Egbado South, Ewekoro, Ifo, Ijebu East, Ijebu North, Ijebu North

East, Ijebu Ode, Ikenne, Imeko-Afon, Ipokia, Obafemi-Owode,

Ogun Waterside, Odeda, Odogbolu, Remo North, Shagamu

Abeokuta

Ondo Akoko North East, Akoko North West, Akoko South East, Akoko

South West, Akure North, Akure South, Ese-Odo, Idanre, Ifedore,

Ilaje, Ile-Oluji-Okeigbo, Irele, Odigbo, Okitipupa, Ondo East,

Ondo West, Ose, Owo

Akure

Osun Aiyedade, Aiyedire, Atakumosa East, Atakumosa-West, Boluwaduro,

Boripe, Ede North, Ede South, Egbedore, Ejigbo, Ife

Central, Ife East, Ife North, Ife South, Ifedayo, Ifelodun, Ila, Ilesha

East, Ilesha West, Irepodun, Irewole, Isokan, Iwo, Obokun, Odo-

Otin, Ola-Oluwa, Olorunda, Oriade, Orolu, Osogbo

Osogbo

Oyo Afijio, Akinyele, Atiba, Atigbo, Egbeda, Ibadan Central, Ibadan

North, Ibadan North West, Ibadan South East, Ibadan South West,

Ibarapa Central, Ibarapa East, Ibarapa North, Ido, Irepo, Iseyin,

Itesiwaju, Iwajowa, Kajola, Lagelu, Ogbomoso North, Ogbomoso

South, Ogo Oluwa, Olorunsogo, Oluyole, Ona-Ara, Orelope, Ori

Ire, Oyo East, Oyo West, Saki East, Saki West, Surulere

Ibadan

Plateau Barikin Ladi, Bassa, Bokkos, Jos East, Jos North, Jos South,

Kanam, Kanke, Langtang North, Langtang South, Mangu, Mikang,

Pankshin, Qua’an Pan, Riyom, Shendam, Wase

Jos

Rivers Abua/Odual, Ahoada East, Ahoada West, Akuku Toru, Andoni,

Asari-Toru, Bonny, Degema, Emohua, Eleme, Etche, Gokana,

Ikwerre, Khana, Obia/Akpor, Ogba/Egbema/Ndoni, Ogu/Bolo,

Okrika, Omumma, Opobo/Nkoro, Oyigbo, Port-Harcourt, Tai

Port-Harcourt

Sokoto Binji, Bodinga, Dange-shuni, Gada, Goronyo, Gudu, Gwadabawa,

Illela, Isa, Kware, Kebbe, Rabah, Sabon Birni, Shagari, Silame,

Sokoto North, Sokoto South, Tambuwal, Tangaza, Tureta, Wamakko,

Wurno, Yabo

Sokoto

Taraba Ardo-Kola, Bali, Donga, Gashaka, Gassol, Ibi, Jalingo, Karim-

Lamido, Kurmi, Lau, Sardauna, Takum, Ussa, Wukari, Yorro,

Zing

Jalingo

Yobe Bade, Bursari, Damaturu, Fika, Fune, Geidam, Gujba, Gulani,

Jakusko, Karasuwa, Machina, Nangere, Nguru, Potiskum, Tarmua,

Yunusari, Yusufari

Damaturu

Zamfara Anka, Bakura, Birnin Magaji, Bukkuyum, Bungudu, Gummi,

Gusau, Kaura Namoda, Maradun, Maru, Shinkafi, Talata Mafara,

Tsafe, Zurmi

Gusau

PART II

Definition of Federal Capital Territory, Abuja

[Sections 3 and 297.]

The definition of the boundaries of the Federal Capital Territory, Abuja referred to under

Chapters I and VIII of this Constitution is as follows—

Starting from the village called Izom on 7° E Longitude and 9° 15’ Latitude, project a straight line westward to a point just north of Lehu on the Kemi River; then project a line along 6° 47’ E southward passing close to the villages called Semasu, Zui and Bassa down to a place a little west of Abaji town; thence project a line along parallel 8° 27½’ N Latitude to Ahinza village 7° 6’ E (on the Kanama River); thence project a straight line to Buga Village on 8° 30′ N Latitude and 7° 20’ E Longitude; thence draw a line northwards joining the villages of Odu, Karshi and Karu. From Karu the line shall proceed along the boundary between the Niger and Plateau States as far as Kawu; thence the line shall proceed along the boundary between Kaduna and Niger States up to a point just north of Bwari village; thence the line goes straight to Zuba village and thence straight to Izom.

Federal Capital Territory, Abuja

Area Councils

Area Council Headquarters

Abaji Abaji

Abuja Municipal Garki

Bwari Bwari

Gwagwalada Gwagwalada

Kuje Kuje

Kwali Kwali

SECOND SCHEDULE

Legislative powers

PART I

Exclusive Legislative list

Item

Accounts of the Government of the Federation, and of offices, courts, and authorities thereof, including audit of those accounts.
Arms, ammunition and explosives.
Aviation, including airports, safety of aircraft and carriage of passengers and goods by air.
Awards of national titles of honor, decorations and other dignities.
Bankruptcy and insolvency.
Banks, banking, bills of exchange and promissory notes.
Borrowing of moneys within or outside Nigeria for the purposes of the Federation or of any State.
Census, including the establishment and maintenance of machinery for continuous and universal registration of births and deaths throughout Nigeria.
Citizenship, naturalisation and aliens.
Commercial and industrial monopolies, combines and trusts.
Construction, alteration and maintenance of such roads as may be declared by the National Assembly to be Federal trunk roads.
Control of capital issues.
Copyright.
Creation of States.
Currency, coinage and legal tender.
Customs and excise duties.
Defence.
Deportation of persons who are not citizens of Nigeria.
Designation of securities in which trust funds may be invested.
Diplomatic, consular and trade representation.
Drugs and poisons.
Election to the offices of President and Vice-President or Governor and Deputy Governor and any other office to which a person may be elected under this Constitution, excluding election to a local government council or any office in such council.
Evidence.
Exchange control.
Export duties.
External affairs.
Extradition.
Fingerprints, identification and criminal records.
Fishing and fisheries other than fishing and fisheries in rivers, lakes, waterways, ponds and other inland waters within Nigeria.
Immigration into and emigration from Nigeria.
Implementation of treaties relating to matters on this list.
Incorporation, regulation and winding up of bodies corporate, other than co-operative societies, local government councils and bodies corporate established directly by any Law enacted by a House of Assembly of a State.
Insurance.
Labour, including trade unions, industrial relations, conditions, safety and welfare of labour; industrial disputes; prescribing a national minimum wage for the Federation or any part thereof, and industrial arbitrations.
Legal proceedings between Governments of States or between the Government of the Federation and Government of any State or any other authority or person.
Maritime shipping and navigation, including—

(a) shipping and navigation on tidal waters;

(b) shipping and navigation on the River Niger and its affluent and on any such other inland waterway as may be designated by the National Assembly to be an international waterway or to be an inter-State waterway;

(d) such ports as may be declared by the National Assembly to be Federal Ports (including the constitution and powers of port authorities for Federal ports).

Meteorology.
Military (Army, Navy and Air Force) including any other branch of the armed forces of the Federation.
Mines and minerals, including oil fields, oil mining, geological surveys and natural gas.
National parks being such areas in a State as may, with the consent of the Government of that State, be designated by the National Assembly as national parks.
Nuclear energy.
Passports and visas.
Patents, trade marks, trade or business names, industrial designs and merchandise marks.
Pensions, gratuities and other like benefits payable out of the Consolidated Revenue Fund or any other public funds of the Federation.
Police and other government security services established by law.
Posts, telegraphs and telephones.
Powers of the National Assembly, and the privileges and immunities of its members.
Prisons.
Professional occupations as may be designated by the National Assembly.
Public debt of the Federation.
Public holidays.
Public relations of the Federation.
Public service of the Federation including the settlement of disputes between the Federation and officers of such service.
Quarantine.
Railways.
Regulation of political parties.
Service and execution in a State 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 a court of law established by the House of Assembly of that State.
Stamp duties.
Taxation of incomes, profits and capital gains, except as otherwise prescribed by this Constitution.
The establishment and regulation of authorities for the Federation or any part thereof—

(a) to promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in this Constitution;

(b) to identify, collect, preserve or generally look after ancient and historical monuments and records and archaeological sites and remains declared by the National Assembly to be of national significance or national importance;

(d) to regulate tourist traffic, and

(e) to prescribe minimum standards of education at all levels.

The formations, annulment and dissolution of marriages other than marriages under Islamic law and Customary law including matrimonial causes relating thereto.
Trade and commerce, and in particular—

(a) trade and commerce between Nigeria and other countries including import of commodities into and export of commodities from Nigeria, and trade and commerce between the States;

(b) establishment of a purchasing authority with power to acquire for export or sale in world markets such agricultural produce as may be designated by the National Assembly;

(c) inspection of produce to be exported from Nigeria and the enforcement of grades and standards of quality in respect of produce so inspected;

(d) establishment of a body to prescribe and enforce standards of goods and commodities offered for sale;

(e) control of the prices of goods and commodities designated by the National Assembly as essential goods or commodities, and

(f) registration of business names.

Traffic on Federal trunk roads.
Water from such sources as may be declared by the National Assembly to be sources affecting more than one State.
Weights and measures.
Wireless, broadcasting and television other than broadcasting and television provided by the Government of a State; allocation of wave-lengths for wireless, broadcasting and television transmission.
Any other matter with respect to which the National Assembly has power to make laws in accordance with the provisions of this Constitution.
Any matter incidental or supplementary to any matter mentioned elsewhere in this list.

PART II

Concurrent Legislative List

[Section 4.]

Item

Extent of Federal and State Legislative Powers.

A – Allocation of revenue, etc.

Subject to the provisions of this Constitution, the National Assembly may by an Act make provision for—

(a) the division of public revenue—

(i) between the Federation and the States;

(ii) among the States of the Federation;

(iii) between the States and local government councils;

(iv) among the local government councils in the States; and

(b) grants or loans form the imposition of charges upon the Consolidated Revenue Fund or any other public funds of the Federation or for the imposition of charges upon the revenue and assets of the Federation for any purpose notwithstanding that it relates to a matter with respect to which the National Assembly is not empowered to make laws.

Subject to the provisions of this Constitution, any House of Assembly may make provisions for grants or loans from and the imposition of charges upon any of the public funds of that State or the imposition of charges upon the revenue and assets of that State for any purpose notwithstanding that it relates to a matter with respect to which the National Assembly is empowered to make laws.

B – Antiquities and monuments

The National Assembly may make laws for the Federation or any part thereof with respect to such antiquities and monuments as may, with the consent of the State in which such antiquities and monuments are located, be designated by the National Assembly as National Antiquities or National Monuments but nothing in this paragraph shall preclude a House of Assembly from making Laws for the State or any part thereof with respect to antiquities and monuments not so designated in accordance with the foregoing provisions.

C – Archives

The National Assembly may makes laws for the Federation or any part thereof with respect to the archives and public records of the Federation.
A House of Assembly may, subject to paragraph 4 hereof, make laws for that State or any part thereof with respect to archives and public records of the Government of the State.
Nothing in paragraphs 4 and 5 hereof shall be construed as enabling any laws to be made which do not preserve the archives and records which are in existence at the date of commencement of this Constitution, and which are kept by authorities empowered to do so in any part of the Federation.

D – Collection of taxes

In the exercise of its powers to impose any Tax or duty on—

(a) capital gains, incomes or profits of persons other than companies; and

(b) documents or transactions by way of stamp duties, the National Assembly may, subject to such conditions as it may prescribe, provide that the collection of any such tax or duty or the administration of the law imposing it shall be carried out by the Government of a State or other authority of a State.

Where an Act of the National Assembly provides for the collection of tax or duty on capital gains, incomes or profit or the administration of any law by an authority of a State in accordance with paragraph 7 hereof, it shall regulate the liability of persons to such tax or duty in such manner as to ensure that such tax or duty is not levied on the same person by more than one State.
A House of Assembly may, subject to such conditions as it may prescribe, make provisions for the collection of any tax, fee or rate or for the administration of the law providing for such collection by a local government council.
Where a Law of a House of Assembly provides for the collection of tax, fee or rate or for the administration of such Law by a local government council in accordance with the provisions hereof it shall regulate the liability of persons to the tax, fee or rate in such manner as to ensure that such tax, fee or rate is not levied on the same person in respect of the same liability by more than one local government council.

E – Electoral

The National Assembly may make laws for the Federation with respect to the registration of voters and the procedure regulating elections to a local government council.
Nothing in paragraph 11 hereof shall preclude a House of Assembly from making laws with respect to election to a local government council in addition to but not inconsistent with any law made by the National Assembly.

F – Electric

The National Assembly may make laws for the Federation or any part thereof with respect to—

(a) electricity and the establishment of electric power stations;

(b) the generation and transmission of electricity in or to any part of the Federation and from one State to another State;

(c) the regulation of the right of any person or authority to dam up or otherwise interfere with the flow of water from sources in any part of the Federation;

(d) the participation of the Federation in any arrangement with another country for the generation, transmission and distribution of electricity for any area partly within and partly outside the Federation;

(e) the promotion and establishment of a national grid system; and

(f) the regulation of the right of any person or authority to use, work or operate any plant, apparatus, equipment or work designed for the supply or use of electrical energy.

A House of Assembly may make laws for the State with respect to—

(a) electricity and the establishment in that State of electric power stations;

(b) the generation, transmission and distribution of electricity to areas not covered by a national grid system within that State; and

(c) the establishment within that State of any authority for the promotion and management of electric power stations established by the State.

In the foregoing provisions of this item, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them—

“distribution” means the supply of electricity from a substation to the ultimate consumer;

“management” includes maintenance, repairs or replacement;

“power stations” means an assembly of plant or equipment for the creation or generation of electrical energy; and

“transmission” means the supply of electricity from a power station to a sub-station or from one sub-station to another sub-station, and the reference to a “sub-station” herein is a reference to an assembly of plant, machinery or equipment for distribution of electricity.

G – Exhibition

The National Assembly may make laws for the Federation or any part thereof with respects to the establishment of an authority with power to carry out censorship of cinematograph films and to prohibit or restrict the exhibition of such films; and nothing herein shall—

(a) preclude a House of Assembly from making provision for a similar authority for that State; or

(b) authorise the exhibition of a cinematograph film in a State without the sanction of the authority established by the Law of that State for the censorship of such films.

H – Industrial

The National Assembly may make laws for the Federation or any part thereof with respect to commercial or agricultural development—

(a) the health, safety and welfare of persons employed to work in factories, offices or other premises or in inter-State transportation and commerce including the training, supervision and qualification of such persons;

(b) the regulation of ownership and control of business enterprises throughout the Federation for the purpose of promoting, encouraging or facilitating such ownership and control by citizens of Nigeria;

(d) the establishment of institutions and bodies for the promotion or financing of industrial, commercial or agricultural projects.

Subject to the provisions of this Constitution, a House of Assembly may make laws for that State with respect to industrial, commercial or agricultural development of the State.
Nothing in the foregoing paragraphs of this item, shall be construed as precluding a House of Assembly from making laws with respect to any of the matters referred to in the foregoing paragraphs.
For the purposes of the foregoing paragraphs of this item, the word “agricultural” includes fishery.

I – Scientific

The National Assembly may make laws to regulate or coordinate scientific and technological research throughout the Federation.
Nothing herein shall preclude a House of Assembly from establishing or making provisions for an institution or other arrangement for the purpose of scientific and technological research.

J – Statistics

The National Assembly may makes laws for the Federation or any part thereof with respect to statistics so far as the subject matter relates to—

(a) any matter upon which the National Assembly has power to make laws; and

(b) the organisation of a coordinated scheme of statistics for the Federation or any part thereof on any matter whether or not it has power to make laws with respect thereto.

A House of Assembly may makes Laws for the State with respect to statistics and on any matter other than that referred to in paragraph 23 (a) of this item.

K – Trigonometrical, cadastral and topographical surveys

The National Assembly may make laws for the Federation or any part thereof with respect to trigonometrical, cadastral and topographical surveys.
A House of Assembly may, subject to paragraph 25 hereof, make laws for that State or any part thereof with respect to trigonometrical, cadastral and topographical surveys.

L – University, technological and post-primary education

The National Assembly shall have power to make laws for the Federation or any part thereof with respect to university education, technological education or such progressional education as may from time to time be designated by the National Assembly.
The power conferred on the National Assembly under paragraph 27 of this item shall include power to establish an institution for the purposes of university, post-primary, technological or professional education.
Subject as herein provided, a House of Assembly shall have power to make laws for the State with respect to the establishment of an institution for purposes of university, technological or professional education.
Nothing in the foregoing paragraphs of this item shall be construed so as to limit the powers of a House of Assembly to make Laws for the State with respect to technical, vocational, postprimary, primary or other forms of education, including the establishment of institutions for the pursuit of such education.

PART III

Supplemental and interpretation

Where by this schedule the National Assembly is required to designate any matter or thing or to make any declaration, it may do so either by an Act of the National Assembly or by a resolution passed by both Houses of the National Assembly.
In this Schedule, references to incidental and supplementary matters include, without prejudice to their generality, references to—

(a) offences;

(b) the jurisdiction, powers, practice and procedure of courts of law; and

THIRD SCHEDULE

PART 1

Federal Executive Bodies

[Established by section 153.]

A – Code of Conduct Bureau

Code of Conduct Bureau

The Code of Conduct Bureau shall comprise the following members—

(a) a Chairman; and

(b) nine other members, each of whom at the time of appointment, shall not be less than fifty years of age and subject to the provisions of section 157 of this Constitution shall vacate his office on attaining the age of seventy years.

The Bureau shall establish such offices in each State of the Federation as it may require for the discharge of its functions under this Constitution.
The Bureau shall have power to—

(a) receive declarations by public officers made under paragraph 12 of Part I of the Fifth Schedule to this Constitution;

(b) examine the declarations in accordance with the requirements of the Code of Conduct or any law;

(c) retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe;

(d) ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct or any law relating thereto;

(e) receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal;

(f) appoint, promote, dismiss and exercise disciplinary control over the staff of the Code of Conduct Bureau in accordance with the provisions of an Act of the National Assembly enacted in that behalf; and

(g) carry out such other functions as may be conferred upon it by the National Assembly.

The terms and conditions of service of the staff of the Code of Conduct Bureau shall be the same as those provided for public officers in the civil service of the Federation.

B – Council of State

Council of State

The Council of State shall comprise the following persons—

(a) the President, who shall be the Chairman;

(b) the Vice-President, who shall be the Deputy Chairman;

(d) all former Chief Justices of Nigeria;

(e) the President of the Senate;

(f) the Speaker of the House of Representatives;

(g) all the Governors of the State of the Federation; and

(h) the Attorney-General of the Federation.

The Council shall have power to—

(a) advise the President in the exercise of his powers with respect to the—

(i) national population census and compilation, publication and keeping of records and other information concerning the same;

(ii) prerogative of mercy;

(iii) award of national honours;

(iv) the Independent National Electoral Commission (including the appointment of members of that Commission);

(v) the National Judicial Council (including the appointment of the members, other than ex officio members of that Council); and

(vi) the National Population Commission (including the appointment of members of that Commission); and

(b) advise the President whenever requested to do so on the maintenance of public order within the Federation or any part thereof and on such other matters as the President may direct.

C – Federal Character Commission

Federal Character Commission

(1) The Federal Character Commission shall comprise the following members—

(a) a Chairman; and

(b) one person to represent each of the States of the Federation and the Federal Capital Territory, Abuja.

(2) The Chairman and members shall be appointed by the President, subject to confirmation by the Senate.

(1) In giving effect to the provisions of section 143 (3) and (4) of this Constitution, the Commissioner shall have the power to—

(a) work out an equitable formula subject to the approval of the National Assembly for the distribution of all cadres of posts in the public service of the Federation and of the States, the armed forces of the Federation, the Nigerian Police and the other government security agencies, government owned companies and parastatals of the States;

(b) promote, monitor and enforce compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government;

(c) take such legal measures, including the prosecution of the head or staff of any Ministry of government body or agency which fails to comply with the Federal character principle or formula prescribed or adopted by the Commission; and

(d) carry out such other functions as may be conferred upon it by an Act of the National Assembly.

(2) The posts mentioned in sub-paragraph (1) (a) and (b) of this paragraph shall include those of the Permanent Secretaries, Directors-General in Extra Ministerial Departments and Parastatals, Directors in Ministries and Extra Ministerial Departments, senior military officers, senior diplomatic posts and managerial cadres in the Federal and State parastatals, bodies, agencies and institutions.

(3) Notwithstanding any provisions in any other law or enactment, the Commission shall ensure that every public company or corporation reflects the Federal character in the appointments of its directors and senior management staff.

Duty of Board of Director

It shall be the duty of the Board of Director of every State-owned enterprise to recognise and promote the principle of Federal character in the ownership and management structure of the company.

D – Federal Civil Service Commission

Federal Civil Service Commission

The Federal Civil Service Commission shall comprise the following members—

(a) a Chairman; and

(b) not more than fifteen other members who shall, in the opinion of the President, be persons of unquestionable integrity and sound political judgment.

(1) The Commission shall without prejudice to the powers vested in the President, the National Judicial Council, the Federal Judicial Service Commission, the National Population Commission and the Police Service Commission, have power—

(a) to appoint persons to offices in the Federal civil service; and

(b) to dismiss and exercise disciplinary control over persons holding such offices.

(2) The Commission shall not exercise any of its power under sub-paragraph (1) of this paragraph in respect of such offices of heads of divisions of Ministries or of department of the government of the Federation as may, from time to time be designated by an order made by the President except after consultation with the Head of Civil Service of the Federation.

Federal Judicial Service Commission

The Federal Judicial Service Commission shall comprise the following members—

(a) the Chief Justice of Nigeria, who shall be the Chairman;

(b) the President of the Court of Appeal;

(d) the Chief Judge of the Federal High Court;

(e) two persons, each of whom has been qualified to practice as a legal practitioner in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified recommended by the Nigerian Bar Association; and

(f) two other persons, not being legal practitioners, who in the opinion of the President are of unquestionable integrity.

The Commission shall have power to —

(a) advise the National Judicial Council in nominating persons for appointment, as respects appointments to the office of—

(i) the Chief Justice of Nigeria;

(ii) a Justice of Nigeria;

(iii) the President of the Court of Appeal;

(iv) a Justice of the Court of Appeal;

(v) the Chief Judge of the Federal High Court;

(vi) a Judge of the Federal High Court; and

(vii) the Chairman and members of the Code of Conduct Tribunal;

(b) recommended to the National Judicial Council, the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph; and

(c) appoint, dismiss and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court and all other members of the staff of the judicial service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service Commission.

F – Independent National Electoral Commission

(1) The Independent National Electoral Commission shall comprise of the following members—

(a) a Chairman, who shall be the Chief Electoral Commissioner; and

(b) twelve other members to be known as National Electoral Commissioners, who shall be persons of unquestionable integrity and not less than fifty years and forty years of age, respectively.

(2) There shall be for each State of the Federation and the Federal Capital Territory, Abuja a Resident Electoral Commissioner who shall—

(a) be appointed by the President;

(b) be a person of unquestionable integrity;

The Commissioner shall have power to—

(a) organise, undertake and supervise all elections to the office of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation;

(b) register political parties in accordance with the provisions of this Constitution and an Act of the National Assembly;

(d) arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a report on such examination and audit for public information;

(e) arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this Constitution;

(f) monitor political campaigns and provide rules and regulations which shall govern the political parties;

(g) ensure that all Electoral Commissioners, Electoral and Returning Officers take and subscribe the oath of office prescribed by law;

(h) delegate any of its powers to any Resident Electoral Commissioner; and

(i) carry out such other functions as may be conferred upon it by an Act of the National Assembly.

G – National Defence Council

National Defence Council

The National Defence Council shall comprise the following members—

(a) the President who shall be the Chairman;

(b) the Vice-President who shall be the Deputy Chairman;

(d) the Chief of Defence Staff;

(e) the Chief of Army Staff;

(f) the Chief of Naval Staff;

(g) the Chief of Air Staff; and

(h) such other members as the President may appoint to the defence of the sovereignty and territorial integrity of Nigeria.

H – National Economic Council

National Economic Council

The National Economic Council shall comprise the following members—

(a) the Vice-President who shall be the Chairman;

(b) the Governor of each State of the Federation; and

(c) the Governor of the Central Bank of Nigeria established under the Central Bank of Nigeria Decree 1991, or any enactment replacing that Decree.

The National Economic Council shall have power to advise the President concerning the economic affairs of the Federation, and in particular on measures necessary for the co-ordination of the economic planning efforts or economic programmes of the various Governments of the Federation.

I – National Judicial Council

National Judicial Council

The National Judicial Council shall comprise the following members—

(a) the Chief Justice of Nigeria who shall be the Chairman;

(b) the next most senior Justice of the Supreme Court who shall be the Deputy Chairman;

(d) five retired Justices selected by the Chief Justice of Nigeria from the Supreme Court or Court of Appeal;

(e) the Chief Judge of the Federal High Court;

(f) five Chief Judges of States to be appointed by the Chief Justice of Nigeria from among the Chief Judges of the States and of the High Court of the Federal Capital Territory, Abuja in rotation to serve for two years;

(g) one Grand Kadi to be appointed by the Chief Justice of Nigeria from among Grand Kadis of the Sharia Courts of Appeal to serve in rotation for two years;

(h) one President of the Customary Court of Appeal to be appointed by the Chief Justice of Nigeria from among the President of the Customary Courts of Appeal to serve in rotation for two years;

(i) five members of the National Bar Association who have qualified to practice for a period of not less than fifteen years, at least one of whom shall be a Senior Advocate of Nigeria, appointed by the Chief Justice of Nigeria on the recommendation of the National Executive Committee of the Nigeria Bar Association to serve for two years and subject to reappointment:

Provided that the five members shall sit in the Council only for the purposes of considering the names of persons for appointment to the superior courts of record; and

(j) two persons not being legal practitioners, who in the opinion of the Chief Justice of Nigeria, are of unquestionable integrity.

The National Judicial Council shall have power to—

(a) recommend to the President from among the list of persons submitted to it by—

(i) the Federal Judicial Service Commissioner, a person for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court; and

(ii) the Judicial Service Committee of the Federal Capital Territory, Abuja, a person for appointment to the offices of the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, and the President and Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja;

(b) recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph, and to exercise disciplinary control over such officers;

(c) recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commission persons for appointment to the offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the State, and the Presidents and Judges of the Customary Courts of Appeal of the States;

(d) recommend to the Governor the removal from office of the judicial officers specified in sub-paragraph (c) of this paragraph and to exercise disciplinary control over such officers;

(e) collect, control and disburse all moneys, capital and recurrent, for the judiciary;

(f) advise the President and Governors on any matter pertaining to the judiciary as may be referred to the Council by the President or the Governors;

(g) appoint, dismiss and exercise disciplinary control over members and staff of the Council;

(h) control and disburse all monies, capital and recurrent, for the services of the Council; and

(i) deal with all other matters relating to broad issues of policy and administration.

The secretary of the Council shall be appointed by the National Judicial Council on the recommendation of the Federal Judicial Commission and shall be a legal practitioner.

J – National Population Commission

National Population Commission

The National Population Commission shall comprise the following members—

(a) a Chairman; and

(b) one person from each State of the Federation and the Federal Capital Territory, Abuja.

The Commission shall have power to—

(a) undertake periodical enumeration of population through sample surveys, censuses or otherwise;

(b) establish and maintain a machinery for continuous and universal registration of births and deaths throughout the Federation;

(d) publish and provide information and data on population for the purpose of facilitating economic and development planning; and

(e) appoint and train or arrange for the appointment and training of enumerators or other staff of the Commission.

K – National Security Council

National Security Council

The National Security Council shall comprise the following members—

(a) the President who shall be the Chairman;

(b) the Vice-President who shall be the Deputy Chairman;

(d) the Minister of the Government of the Federation charged with the responsibility for internal affairs;

(e) the Minister of the Government of the Federation charged with the responsibility for defence;

(f) the Minister of the Government of the Federation charged with the responsibility for foreign affairs;

(g) the National Security Adviser;

(h) the Inspector General of Police;

(i) such other persons as the President may in his discretion appoint.

The Council shall have power to advise the President on matters relating to public security including matters relating to any organisation or agency established by the law for ensuring the security of the Federation.

L – Nigeria Police Council

Nigeria Police Council

The Nigeria Police Council shall comprise the following members—

(a) the President who shall be the Chairman;

(b) the Governor of each State of the Federation;

(d) the Inspector-General of Police.

The functions of the Nigeria Police Council shall include—

(a) the organisation and administration of the Nigeria Police Force and all other matters relating thereto (not being matters relating to the use and operational control of the Force or the appointment, disciplinary control and dismissal of members of the Force);

(b) the general supervision of the Nigeria Police Force; and

M – Police Service Commission

Police Service Commission

The Police Service Commission shall comprise the following members—

(a) a Chairman; and

(b) such number of other persons, not less than seven but not more than nine, as may be prescribed by an Act of the National Assembly.

The Commission shall have power to—

(a) appoint persons to offices (other than the office of the Inspector-General of Police) in the Nigeria Police Force; and

(b) dismiss and exercise disciplinary control over persons holding any office referred to in sub-paragraph (a) of this paragraph.

N – Revenue Mobilisation Allocation and Fiscal Commission

Revenue Mobilisation Allocation and Fiscal Commission

The Revenue Mobilisation and Fiscal Commission shall comprise the following members—

(a) a Chairman; and

(b) one member from each State of the Federation and the Federal Capital Territory, Abuja who in the opinion of the President are persons of unquestionable integrity with requisite qualifications and experience.

The Commission shall have power to—

(a) monitor the accruals to and disbursement of revenue from the Federation Account;

(b) review, from time to time, the revenue allocation formulae and principles in operation to ensure conformity with changing realities:

Provided that any revenue formula which has been accepted by an Act of the National Assembly shall remain in force for a period of not less than five years from the date of commencement of the Act;

(d) determine the remuneration appropriate for political office holders, including the President, Vice-President, Governors, Deputy Governors, Ministers, Commissioners, Special Advisers, legislators and the holders of the offices mentioned in sections 84 and 124 of this Constitution; and

(e) discharge such other functions as are conferred on the Commission by this Constitution or any Act of the National Assembly.

PART II

States’ Executive Bodies

[Established by section 197.]

A – State Civil Service Commission

Civil Service Commission of a State

A State Civil Service Commission shall comprise of the following members—

(a) a Chairman; and

(b) not less than two and not more than four other persons, who shall, in the opinion of the Governor, be persons of unquestionable integrity and sound political judgment.

(1) The Commission shall have power without prejudice to the powers vested in the Governor and the State Judicial Service Commission to—

(a) appoint persons to offices in the State Civil Service; and

(b) dismiss and exercise disciplinary control over persons holding such offices.

(2) The Commissioner shall not exercise any of its powers under sub-paragraph (1) of this paragraph in respect of such offices or divisions of Ministries or of departments of the Government of the State as may from time to time be designated by an order made by the Governor except after consultation with the Head of the Civil Service of the State.

B – State Independent Electoral Commission

State Independent Electoral Commission

A State Independent Electoral Commission shall comprise the following members—

(a) a Chairman; and

(b) not less than five but not more than seven other persons.

The Commission shall have power—

(a) to organise, undertake and supervise all elections to local government councils within the State;

(b) to render such advice as it may consider necessary to the Independent National Electoral Commission on the compilation of and the register of voters in so far as that register is applicable to local government elections in the State.

C – State Judicial Commission

State Judicial Service Commission

A State Judicial Service Commission shall comprise the following members—

(a) the Chief Judge of the State, who shall be the Chairman;

(b) the Attorney-General of the State;

(d) the President of the Customary Court of Appeal of the State, if any;

(e) two members, who are legal practitioners, and who have been qualified to practice as legal practitioners in Nigeria for not less than ten years; and

(f) two other persons, not being legal practitioners, who in the opinion of the Governor are of unquestionable integrity.

The Commission shall have power to—

(a) advise the National Judicial Council on suitable persons for nomination to the office of—

(i) the Chief Judge of the State;

(ii) the Grand Kadi of the Sharia Court of Appeal of the State, if any;

(iii) the President of the Customary Court of Appeal of the State if any;

(iv) Judges of the High Court of the State;

(v) Kadis of the Sharia Court of Appeal of the State, if any;

(vi) Judges of the Customary Court of Appeal of the State, if any;

(b) subject to the provisions of this Constitution, to recommend to the National Judicial Council the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph; and (c) to appoint, dismiss and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrar of the High Court, the Chief Registrars of the Sharia Court of Appeal and Customary Court of Appeal, magistrates, judges and members of Area Courts and Customary Court and all other members of the staff of the judicial service of the State not otherwise specified in this Constitution.

PART III

Federal Capital Territory, Abuja Executive Body

[Establish under section 304.]

Judicial Service Committee of the Federal Capital Territory, Abuja

(1) The Judicial Service Committee of the Federal Capital Territory, Abuja shall comprise the following members—

(a) the Chief Judge of the Federal Capital Territory, Abuja who shall be the Chairman;

(b) the Attorney-General of the Federation;

(d) the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja;

(e) one person who is a legal practitioner and who has been qualified to practice as a legal practitioner in Nigeria for a period of not less than twelve years; and

(f) one other person, not being a legal practitioner, who in the opinion of the President is of unquestionable integrity.

(2) The Committee have power—

(a) to recommend to the National Judicial Council suitable persons for nomination for appointment to the office of—

(i) the Chief Judge of the Federal Capital Territory, Abuja;

(ii) a Judge of the High Court of the Federal Capital Territory, Abuja;

(iii) the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja;

(iv) the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja;

(v) a Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja;

(vi) Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;

(c) to appoint, promote and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrar of the High Court, the Sharia Court of Appeal and the Customary Court of Appeal of the Federal Capital Territory, Abuja; magistrates, the judges and members of the District and Area Courts of the Federal Capital Territory, Abuja; if any and all other members of the staff of the judicial service of the Federal Capital Territory, Abuja; not otherwise specified in this Constitution and of the Judicial Service Committee of the of the Federal Capital Territory, Abuja.

FOURTH SCHEDULE

Functions of a local government council

The main functions of a local government council are as follows—

(a) the consideration and the making of recommendations to a State commission on economic planning or any similar body on—

(i) the economic development of the State, particularly in so far as the areas of authority of the council and of the State are affected; and

(ii) proposals made by the said commission or body;

(b) collection of rates, radio and television licences;

(d) licensing of bicycles, trucks (other than mechanically propelled trucks) canoes, wheel barrows and carts;

(e) establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor parks and public conveniences;

(f) construction and maintenance of roads, street lighting, drains and other public highways, parks, gardens, open spaces, or such public facilities as may be prescribed from time to time by the House of Assembly of a State;

(g) naming of roads and streets and numbering of houses;

(h) provisions and maintenance of public conveniences, sewage and refuse disposal;

(i) registration of all births, deaths and marriages;

(j) assessment of privately owned houses or tenements for the purpose of levying such rates as may be prescribed by the House of Assembly of a State; and

(k) control and regulation of—

(i) outdoor advertising and hoarding;

(ii) movement and keeping of pets of all description;

(iii) shops and kiosks;

(iv) restaurants, bakeries and other places for sale of food to the public;

(v) laundries; and

(vi) licensing, regulations and control of the sale of liquor.

The functions of a local government council shall include participation of such council in the Government of a State as respects the following matters—

(a) the provision and maintenance of primary, adult and vocational education;

(b) the development of agriculture and natural resources, other than the exploitation of minerals;

(d) such other functions as may be conferred on a local government council by the House of Assembly of the State.

FIFTH SCHEDULE

PART 1

Code of Conduct for public officers

General

Conflict of interest with duty

A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.

Restriction of specified officers

Without prejudice to the generality of the foregoing paragraph, a public officer shall not—

(a) receive or be paid the emoluments of any public office at the same time as he receives or is paid the emoluments of any other public office; or

(b) except where he is not employed on full-time basis, engage or participate in the management or running of any private business, profession or trade but nothing in this sub-paragraph shall prevent a public officer from engaging in farming.

Prohibition of foreign account

The President, Vice-President, Governor, Deputy Governor, Ministers of the Government of the Federation and Commissioners of the Governments of the States, members of the National Assembly and of the Houses of Assembly of the State, and such other public officers or persons as the National Assembly may by law prescribe shall not maintain or operate a bank account in any country outside Nigeria.

Retired public officers

(1) A public officer shall not, after his retirement from public service and while receiving pension from public funds, accept more than one remunerative position as chairman, director or employee of—

(a) a company owned or controlled by the government; or

(b) any public authority.

(2) A retired public servant shall not receive any other remuneration from public funds in addition to his pension and the emolument of such enterprises.

Certain retired public officers

(1) Retired public officers who have held offices to which this paragraph applies are prohibited from service or employment in foreign companies or foreign enterprises.

(2) This paragraph applies to the offices of President, Vice-President, Chief Justice of Nigeria, Governor and Deputy Governor of a State.

Gifts or benefits in kind

(1) A public officer shall not ask for or accept property or benefits of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties.

(2) For the purposes of sub-paragraph (1) of this paragraph, the receipt by a public officer of any gifts or benefits from commercial firms, business enterprises or persons who have contracts with the government shall be presumed to have been in contravention of the said sub-paragraph unless the contrary is proved.

(3) A public officer shall only accept personal gifts or benefits from relatives or personal friends to such extent and on such occasions as are recognised by custom:

Provided that any gift or donation to a public officer on any public or ceremonial occasion shall be treated as a gift to the appropriate institution represented by the public office, and accordingly the mere acceptance or receipt of any gift shall not be treated as a contravention of this provision.

Restriction of loans, gift or benefits to certain public officers

The President or Vice-President, Governor or Deputy Governor, Minister of the Government of the Federation or Commissioner of the Government of a State, or any other public officer who holds the offence of a Permanent Secretary or head of any public corporation, university or other parastatal organisation shall not accept—

(a) a loan, except from government or its agencies, a bank, building society, mortgage institution or other financial institution recognised by law; and

(b) any benefit of whatever nature from any company, contractor, or businessman, or the nominee or agent of such person:

Provided that the head of a public corporation or of a university or other parastatal organisation may, subject to the rules and regulations of the body, accept a loan from such body.

Bribery of public officers

No person shall offer a public officer any property, gift or benefit of any kind as an inducement or bribe for the granting of any favour or the discharge in his favour of the public officer’s duties.

Abuse of powers

A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to any government policy.

Membership of society

A public officer shall not be a member of, belong to, or take part in any society the membership of which is incompatible with the functions or dignity of his office.

Declaration of assets

(1) Subject to the provisions of this Constitution, every public officer shall within three months after the coming into force of this Code of Conduct or immediately after taking office thereafter—

(a) at the end of every four years; and

(b) at the end of his term of office, submit to the Code of Conduct Bureau a written declaration of all his properties, assets, and liabilities and those of his unmarried children under the age of eighteen years.

(2) Any statement in such declaration that is found to be false by any authority or person authorised in that behalf to verify it shall be deemed to be a breach of this Code.

(3) Any property or assets acquired by a public officer after any declaration required under this Constitution and which is not fairly attributable to income, gift, or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved.

Allegation of breach of Code

Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau.

Agent and nominees

A public officer who does any act prohibited by this Code through a nominee, trustee, or other agent shall be deemed ipso facto to have committed a breach of this Code.

Exemptions

In its application to public officers—

(a) members of legislative houses shall be exempt from the provisions of paragraph 4 of this Code; and

(b) the National Assembly may by law exempt any cadre of public officers from the provisions of paragraph 4 and 11 of this Code if it appears to it that their position in the public service is below the rank which it considers appropriate for the application of those provisions.

Code of Conduct Tribunal

(1) There shall be established a tribunal to be known as Code of Conduct Tribunal which shall consist of a Chairman and two other persons.

(2) The Chairman shall be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria and shall receive such remuneration as may be prescribed by law.

(3) The Chairman and members of the Code of Conduct Tribunal shall be appointed by the President in accordance with the recommendation of the National Judicial Council.

(4) The National Assembly may by law confer on the Code of Conduct Tribunal such additional powers as may appear to it to be necessary to enable it more effectively to discharge the functions conferred on it in this Schedule.

Staff

(1) The tenure of office of the staff of the Code of Conduct Tribunal shall, subject to the provisions of this Code, be the same as that provided for in respect of officers in the civil service of the Federation.

(2) The power to appoint the staff of the Code of Conduct Tribunal and to exercise disciplinary control over them shall vest in the members of the Code of Conduct Tribunal and shall be exercisable in accordance with the provisions of an Act of the National Assembly enacted in that behalf.

Tenure of office of Chairman

(1) Subject to the provisions of this paragraph, a person holding the office of Chairman or member of the Code of Conduct Tribunal shall vacate his office when he attains the age of seventy years.

(2) A person who has held office as Chairman or member of the Code of Conduct Tribunal for a period of not less than ten years shall, if he retires at the age of seventy years, be entitled to pension for life at a rate equivalent to his last annual salary in addition to other retirement benefits to which he may be entitled.

(3) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from his office or appointment by the President except upon an address supported by two-thirds majority of each House of the National Assembly praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Code.

(4) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from office before retiring age save in accordance with the provisions of this Code.

Powers

(1) Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of this Code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this paragraph and such other punishment as may be prescribed by the National Assembly.

(2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following—

(a) vacation of office or seat in any legislative house, as the case may be;

(b) disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and

(3) The sanctions mentions in sub-paragraph (2) hereof shall be without prejudice to the penalties that may be imposed by any law where the conduct is also a criminal offence.

(4) Where the Code of Conduct Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Code, an appeal shall lie as of right such decisions or from any punishment imposed on such person to the Court of Appeal at the instance of any part to the proceedings.

(5) Any right of appeal to the Court of Appeal from the decisions of the Code of Conduct Tribunal conferred by sub-paragraph (4) hereto shall be exercised in accordance with the provisions of an Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

(6) Nothing in this paragraph shall prejudice the prosecution of a public officer punished under this paragraph or preclude such officer from being prosecuted or punished for an offence in a court of law.

(7) The provisions of this Constitution relating to prerogative of mercy shall not apply to any punishment imposed in accordance with the provisions of this paragraph.

Interpretation

In this Code, unless the context otherwise requires—

“assets” includes any property, movable and immovable and incomes owned by a person;

“business” means any profession, vocation, trade or any adventure or concern in the nature of trade and excludes farming;

“child” includes a step-child, a lawfully adopted child, a child born out of wedlock and any child to whom any individual stands in place of a parent;

“emolument” means any salary, wage, overtime or leave pay, commission, fee, bonus, gratuity, benefit, advantage (whether or not that advantage is capable of being turned into money or money’s worth), allowance, pension or annuity paid, given or granted in respect of any employment or office;

“foreign companies” or “foreign enterprises” means companies or enterprises in which the controlling shares are owned by persons other than the Government, its agencies or citizens of Nigeria or whose policies are determined by persons or organisations outside Nigeria;

“liabilities” includes responsibilities according to law to satisfy a debt, duty or obligation quantifiable in monetary value, instant and contingent;

“misconduct” means breach of the Oath of Allegiance or oath of office of a member or breach of the provisions of this Constitution or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets and liabilities;

“public officer” means a person holding any of the offices specified in Part II of this Schedule; and

“public office” shall not include the chairmanship or membership of ad hoc tribunals, commissions or committees.

PART II

Public officers for the purposes of the Code of Conduct

The President of the Federation.
The Vice-President of the Federation.
The President and Deputy President of the Senate, Speaker and Deputy Speaker of the House of Representatives and Speaker and Deputy Speaker of House of Assembly of a State, and all members and staff of legislative houses.
Governors and Deputy Governors of States.
Chief Justice of Nigeria, Justice of the Supreme Court, President and Justice of the Court of Appeal, all other judicial officers and all staff of courts of law.
Attorney-General of the Federation and Attorney-General of each State.
Ministers of the Government of the Federation and Commissioners of the Governments of the States.
Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff, Chief of Air Staff and all members of the armed forces of the Federation.
Inspector-General of Police, Deputy Inspector-General of Police and all members of the Nigeria Police Force and other government security agencies established by law.
Secretary to the Government of the Federation, Head of Civil Service, Permanent Secretaries, Director-General and all other persons in the civil service of the Federation or of the State.
Ambassadors, High Commissioners and other officers of Nigerian Missions abroad.
Chairman, members and staff of the Code of Conduct Bureau and Code of Conduct Tribunal.
Chairman, members and staff of local government councils.
Chairman and members of the Boards or other governing bodies and staff of statutory corporations and of companies in which the Federal or State Government has controlling interest.
All staff of universities, colleges and institutions owned and financed by the Federal or State Governments or local government councils.
Chairman, members and staff of permanent commissions or councils appointed on full-time basis.

SIXTH SCHEDULE

A – National Assembly Election Tribunal

(1) A National Assembly Election Tribunal shall consist of a Chairman and four other members.

(2) The Chairman shall be a judge of a High Court and the four other members shall be appointed from among Judges of a High Court, Kadis of a Sharia Court of Appeal, Judges of a Customary Court of Appeal or other members of the judicial not below the rank of a Chief Magistrate.

(3) The Chairman and other members shall be appointed by the President of the Court of Appeal in consultation with the Chief Judge of the State, the Grand Kadi of the Sharia Court of Appeal of the State or the President of the Customary Court of Appeal of the State, as the case may be.

B – Governorship and Legislative Houses Election Tribunal

Governorship and Legislative Houses Election Tribunal

(1) A Governorship and Legislative Houses Election Tribunal shall consist of a Chairman and four other members.

(2) The Chairman shall be a Judge of a High Court and the four other members shall be appointed from among Judges of a High Court, Kadis of a Sharia Court of Appeal, Judges of a Customary Court of Appeal or members of the judicial not below the rank of a Chief Magistrate.

SEVENTH SCHEDULE

Oaths

Oaths of Allegiance

I ……………………………………………. do solemnly swear/affirm that I will be faithful

and bear true allegiance to the Federal Republic of Nigeria and that I will preserve, protect and

defend the Constitution of the Federal Republic of Nigeria.

So help me God.

Oath of Office of President

I, ……………………………………………. do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria that as President of the Federal Republic of Nigeria, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear of favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of the Federal Republic of Nigeria, except as may be required for the due discharge of my duties as President; and that I will devote myself to the service and well-being of the people of Nigeria.

So help me God.

Oath of Office of Governor of a State

I, ……………………………………………. do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria that as the Governor of ………… State,

I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear of favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Governor of …………………….. State, except as may be required for the due discharge of my duties as Governor; and that I will devote myself to the service and well-being of the people of Nigeria.

So help me God.

Oath of Office of Vice-President, Deputy Governor, Minister,

Commissioner or Special Adviser

I, ……………………………………………. do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria that as Vice-President of the Federal Republic of Nigeria/Deputy Governor of ……………… State/Minister of the Government of the Federation/Commissioner of the Government of………………State/Special Adviser to …………………., I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear of favour, affection or ill-will; that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Vice-President of the Federal Republic of Nigeria/Deputy Governor of……………… State/Minister of the Government of the Federation/Commissioner of……………… State/Special Adviser to …………………. except as may be required for the due discharge of my duties as Vice-President/Deputy Governor of……………… State/Minister/Commissioner/Special Adviser.

So help me God.

Oath of a member of the National Assembly or of a House of Assembly

I, ……………………………………………. do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria that as a Member of the Senate/House of Representatives/ ……………… House of Assembly, I will perform my functions honestly to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and the rules of the Senate/House of Representatives/…………………. House of Assembly and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria; and that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria.

So help me God.

Judicial Oath

I, ……………………………………………… do solemnly swear/affirm that I will bear true allegiance to the Federal Republic of Nigeria; that as Chief Justice of Nigeria/Justice of the Supreme Court/President/Justice of the Court of Appeal/Chief Judge/Judge of the Federal High Court/Chief Judge/Judge of the High Court of the Federal Capital Territory, Abuja/Chief Judge of……………… State/Judge of the High Court of ……………. State/Grand Kadi/Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja/Grand Kadi/Kadi of the Sharia Court of Appeal of……………….. State/President/Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja/President/Judge of the Customary Court of Appeal of Capital Territory, Abuja/President/Judge of the Customary Court of Appeal of ……………………… State, I will discharge my duties, and perform my function honestly, to the best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria and the law; that I will abide by the Code of Conduct contained in the Fifth Schedule of the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria.

So help me God.

CHAPTER

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Supreme Court Rules.
Court of Appeal Rules.
Federal High Court (Civil Procedure) Rules.

SUPREME COURT RULES

ARRANGEMENT OF RULES

ORDER 1

General definitions

RULE

Short title.
Interpretation.

ORDER 2

Administration and general procedures

Service generally.
Duty of legal practitioner where he no longer acts for parties.
Personal service: where necessary.
Service of notice of appeal.
Filing of address for service.
Service on Government, Minister or the Attorney-General.
Service out of jurisdiction.
Title of proceedings.
Preliminary objections.
Declaration by party not appearing.
Non-appearance of appellant or respondent.
Procedure for receiving further evidence on appeal.
Fees generally.
Fees in proceedings by poor persons.
Registry.
Hours of opening to public.
Sessions.
Notification of sittings.
Adjournment.
Chief Registrar: custody of records.
Other Registrars.
Seal of the Court.
Powers of Chief Registrar.
Books to be kept by Registrar.
Files of documents.
Setting aside or varying order of Registrar.
Forms.
Applications to Court: procedure to follow.
Application to strike out, etc.
When appeal is deemed to be brought.

RULE

Enlargement of time and departure from Rules.
Appeal from concurrent findings of fact by two courts.
Leave of audience in certain cases.
Application of Order 2.
Rules of Court Advisory Committee.

ORIGINAL JURISDICTION

ORDER 3

Proceedings in the original jurisdiction of the court

Procedure not provided for.
Commencement of proceedings.
Where statement of claim must be filed.
Issue of summons.
Form of summons.
Originating summons.
Statement of claim in lieu of originating summons.
Originating motion.
Mode of entering appearance.
Notice of entry to plaintiff.
Address for service.
Statement of defence.
Reply to defence.
Procedure in interlocutory applications.
Motion to be on notice.
Length of notice.
Motions may be dismissed or adjourned where necessary notice not given.
Effect of declaratory judgments.
Originating summons not sole means of obtaining declaratory judgment.
Summons for directions.

ORDER 4

Case stated

Stating questions of law.
Contents of case stated.
Reference to documents.
Inference from facts and documents.
Argument confined to facts in case.
Signing and filing of case stated.
Written agreement of parties.
Oral agreement before Court.
Procedure in absence of agreement.

ORDER 5

Reference as to the Constitution and reserved points of law

RULE

Stating a case.
Documents to accompany case stated.
Form of case stated.
Right of audience.
Brief of argument.
Dispute on facts determined by the Court of Appeal.
Address on case stated.

ORDER 6

Filing of briefs in civil and criminal proceedings

Application of Order.
Application for leave to appeal: contents of.
Power of the Court to hear applications in chambers.
Preparation of record of appeal.
Preparation and filing of briefs of argument.
Separate briefs and cross-appeals.
List of law reports, text books, etc., to be forwarded to the Registrar.
Oral argument.
Failure to file brief within time.
Power of court to accelerate hearing in exceptional circumstances.

ORDER 7

Record of appeal in civil and criminal proceedings

Appeal to which this Order applies.
Preparation of the record.
Fees for preparing the record and security for costs.
Transmission of the record.
Departure from rules.
Record in certain appeals.
Appellant to prepare record in certain appeals.
Distribution of record.

APPELLATE JURISDICTION

ORDER 8

Civil appeals

Application.
Notice and grounds of appeal.

Amendment of notice of appeal.
Direction of the Court as to service of notice of appeal.
Withdrawal of appeal.
Appeal by respondent after appellant’s appeal is withdrawn.

RULE

Non-compliance with conditions of appeal.
Death of party to an appeal.
Exhibits.
Control of proceedings during pendency of appeal.
General powers of the Court.
Powers of the court as to new trial.
Judgment.
Order.
Review of judgment.
Enforcement of judgment.
Execution of judgment by lower courts.
Costs.
Liability to costs in proceedings by poor persons.

ORDER 9

Criminal appeals

Appeals to which this Order applies.
Applications by parties.
Appellant to file notice of appeal.
Bail.
Fines.
Varying order for restitution of property.
Non-suspension of order of restitution.
Restrictions on issue of certificate of conviction.
Withdrawal of notice of appeal and effect of.
Attendance of witness.
Proceedings on reference.
Notification of final determination of appeal.
Notification of result of appeal.
Return of original depositions, etc.
Enforcement of orders.

ORDER 10

Miscellaneous

Waiver of compliance with Rules.
Practice Direction.

SCHEDULES

FIRST SCHEDULE

Forms

SECOND SCHEDULE

Fees

SUPREME COURT RULES

[Under section 236 of the 1999 Constitution, S.I. No. 9 of 1985. Amended by Decree No. 21, 1990. Section 4 and Supreme Court Rules, Cap. 62 Laws of Fed. 1990.]

(1st April, 1985)

[Commencement.]

ORDER 1

General definitions

Short title

These Rules may be cited as the Supreme Court Rules.

Interpretation

In these Rules, unless it is otherwise expressly provided or the context so requires—

“Act” means the Supreme Court Act, or any other Act amending or replacing it;

[Cap. S15. LFN.]

“appeal” includes an application for leave to appeal;

“appellant” means a party appealing from a decision or applying for leave in behalf thereof and includes the legal practitioner retained or assigned to represent him in the proceedings before the Court;

“Chief Justice” means the Chief Justice of Nigeria;

“Constitution” means the Constitution of the Federal Republic of Nigeria 1999, and includes any amendment thereto or modification thereof or any enactment replacing it;

[Cap. 62, Laws of Fed. 1990 now replaced by the 1999 Constitution. Amended by Decree No. 21, 1990. Section 4 and Supreme Court Rules, Cap. 62 Laws of Fed. 1990.]

“Court” means the Supreme Court of Nigeria;

“court below” means the Court of Appeal;

“court of first instance” means the court or tribunal sitting either in original or appellate jurisdiction, immediately below the court below;

[Amended by Decree No. 21, 1990. Section 4 and Supreme Court Rules, Cap. 62 Laws of Fed. 1990.]

“Committee” means the Rules of Court Advisory Committee established under these Rules;

“Court of Appeal” means the Court of Appeal established by the Constitution;

[Amended by Decree No. 21, 1990. Section 4 and Supreme Court Rules, Cap. 62 Laws of Fed. 1990.]

“High Court” means the Federal High Court, the High Court of the Federal Capital Territory, Abuja, or High Court established for a State by the Constitution; of the Court;

“judgment” means includes any order made by the court in question after judgment;

“record” means the aggregate of papers relating to an appeal (including the pleadings, proceedings, evidence, judgments and briefs) proper to be laid before the Court on the hearing of the appeal;

“Registrar” means the Chief Registrar of the Supreme Court and includes any other officer of the Registry working under him;

“Registrar of the court below” means the Chief Registrar of the Court of Appeal and includes the Deputy Chief Registrar and any registrar or deputy registrar or other officer working under him and exercising functions analogous to the Chief Registrar of the Court of Appeal;

[Amended by Decree No. 21, 1990. Section 4 and Supreme Court Rules, Cap. 62 Laws of Fed. 1990.]

“respondent” in a civil appeal means any party (other than the appellant) directly affected by the appeal, and in a criminal appeal means the person who undertakes the defence of the judgment appealed against and includes the legal practitioner retained or assigned to represent them in the proceedings before the court;

“Rules” means these Rule or any amendment thereto or any other additional rules made under the Constitution and includes the Schedules appended to these Rules.

ORDER 2

Administration and general procedures

Service generally

(1) Any reference in these Rules to an address for service means an address within Nigeria where notices, pleadings, orders, summonses, warrants and other documents, proceedings, and written communications, if not required to be served personally, may be left, or to which they may be sent.

(2) Where under these Rules any person has given an address for service, any notice or other written communication which is not required to be served personally shall be sufficiently served upon him if it is left at that address or sent by registered post to that address, and in any case where the date of service by post is material, section 26 of the Interpretation Act shall apply.

(3) Where under these Rules any notice or other application to the Court, or to the court below, is required to have an address for service endorsed on it, it shall not be deemed to have been properly filed unless such an address is endorsed on it.

(4) Any person desiring to change his address for service shall notify the Registrar, who shall thereupon communicate the new address for service to anyone to whom he may have communicated the former address.

Duty of legal practitioner where he no longer acts for parties

Where any person has given the address of a legal practitioner as his address for service and the legal practitioner is not or has ceased to be instructed by him for the purpose of the proceedings concerned, it shall be the duty of the legal practitioner to inform the Registrar as soon as may be that he is not or no longer authorised to accept service on behalf of such person, and if he omits to do so he may be ordered to pay any costs occasioned thereby.

Personal service: where necessary

(1) Except as may be otherwise provided in these Rules or in any other written law, no notice or other written communication in proceedings in the original or appellate jurisdiction of the Court, need be served personally except—

(a) in proceedings in the original jurisdiction of the Court, the writ of summons or other documents issued by the Court for the institution of the proceedings; and

(b) in proceedings in the appellate jurisdiction of the Court, the notice of appeal:

Provided that if the Court is satisfied that the notice of appeal has in fact been served in the manner prescribed by sub-rule (2) of this Rule, and communicated to the respondent, no objection to the hearing of the appeal shall lie on the ground only that the notice of appeal was not served personally.

(2) Where any document is required by these Rules to be served personally, it shall be sufficiently served if it is served in the manner prescribed by law for the personal service of a writ of summons issued by the Federal High Court and if it appears to the Court that for any reason personal service cannot be conveniently effected, the Court shall have the same power as that High Court to direct that service be effected in some other way.

Service of notice of appeal

The Registrar of the court below shall, after the notice of appeal has been filed, cause to be served a true copy thereof upon each of the parties mentioned in the notice of appeal. It shall not be necessary to serve any party not directly affected:

Provided that in criminal cases, service on the Attorney-General of the Federation or on the Attorney-General of a State (as the case may require) shall be deemed to be good and sufficient service on the respondent in a criminal appeal other than an appeal in a private prosecution.

Filing of address for service

(1) Every person who by virtue of service on him of a notice of appeal becomes a respondent to any appeal or intended appeal shall within thirty days after service on him of the notice of appeal file with the Registrar of the court below notice of a full and sufficient address for service in such number of copies as the said Registrar shall require and the Registrar of the court below shall forthwith send a copy of the notice of address to the Registrar and shall cause a copy thereof to be served on the appellant.

(2) Such notice may be signed by the respondent or the legal practitioner representing him.

(3) If any respondent fails or omits to file such notice of address for service, then delivery of any document or proceedings at the address shown in the notice of appeal shall be deemed to be good and proper service on him.

(4) Any party to an appeal or intended appeal may change his address for service at any time by filing and serving on all other parties to the appeal or intended appeal notice of such change.

Service on Government, Minister or the Attorney-General

Where a Minister or Commissioner or the Attorney-General or the Director of Public Prosecutions or other like functionary of a Government is a party ex officio or is representing the Federal Government or a State Government, as the case may be, in any proceedings in the Court, whether civil or criminal, service of any notice or other document shall be deemed to be sufficiently and duly served if it is delivered (as the case may require) to the Attorney- General of the Federation in his office or the Attorney-General of the appropriate State either in his office at the State capital or through the Liaison Office of the State Government in Abuja.

Decree No. 51 of 1999, Sections 4 and 298 of 1999 Constitution.]

Service out of jurisdiction

(1) Where any person out of the jurisdiction is a necessary or proper party to an action commenced in the original jurisdiction of the Court and properly brought against some other person duly served within the jurisdiction, the Court may allow service of a summons out of the jurisdiction.

(2) Every application for an order for leave to serve a summons on a defendant out of the jurisdiction shall be supported by evidence by affidavit or otherwise showing in what place or country such defendant is or probably may be found, and the grounds upon which the application is made.

(3) Any order giving leave to effect service out of the jurisdiction shall prescribe the mode of service, and shall limit a time after such service within which such defendant is to enter an appearance, such time to depend on the place or country where or within which the summons is to be served, and the Court may receive an affidavit or statutory declaration of such service having been effected as prima facie evidence thereof.

Title of proceedings

Notices of appeal, applications for leave to appeal, briefs and all other documents whatsoever prepared in pursuance of the appellate jurisdiction of the Court for filing in accordance with the provisions of these Rules, shall reflect the same title as that which obtained in the court of trial.

[Deleted and substituted by Government Notice 111/1991 w.e.f. 1/10/1991.]

Preliminary objections

(1) A respondent intending to rely upon a preliminary objection to the hearing of the appeal shall give the appellant three clear days’ notice thereof before the hearing, setting out the grounds of objection, and shall file such notice together with ten copies thereof with the Registrar within the same time.

(2) If the respondent fails to comply with this rule, the Court may refuse to entertain the objection or may adjourn the hearing thereof at the cost of the respondent or may make such other order as it thinks fit.

(3) No objection shall be taken to the hearing of an appeal on the ground that the amounts fixed by the Registrar of the court below under rule 3 (1) of Order 7 were incorrectly assessed.

Declaration by party not appearing

At any time before hearing of the appeal any party to the appeal may file a declaration in writing that he does not wish to be present in person or represented by a legal practitioner on the hearing of the appeal, and he shall serve a copy of such declaration upon every other party who has filed an address for service and thereupon the appeal shall be dealt with as if the party had appeared.

[Form 22.]

Non-appearance of appellant or respondent

(1) Subject to the provisions of these Rules, if the appellant fails to appear when his appeal is called on for hearing the appeal may be dismissed with or without costs as the case may be and if the respondent fails to appear the Court may proceed to hear the appeal ex parte.

(2) When an appeal has been dismissed under this rule, the Court may, in civil proceedings on such terms as to costs or otherwise as it may deem just, direct the appeal to be re-entered for hearing.

(3) Where an appeal has been heard ex parte under this rule and any judgment has been given therein adverse to the respondent, he may apply to the Court and the Court may, in civil proceedings, set aside such judgment and rehear the appeal.

(4) No application to set aside and rehear under this rule shall be made after the expiration of 21 days from the date of the judgment sought to be set aside:

Provided that a respondent who has failed within the aforesaid period to make application under this rule may, nevertheless at any time within a further period of three months thereafter, apply to the Court on notice to the appellant to set aside such judgment, and the Court may, where exceptional circumstance is shown, grant the application and make such order in relation thereto or as to costs as it may deem fit in the circumstances.

(5) Any application under sub-rules (3) and (4) of this Rule shall be by motion accompanied by an affidavit setting forth the reasons and grounds for the application and a brief of argument filed simultaneously. The court may, acting under sub-rule (3) of this rule set aside the judgment and order the appeal to be reheard at such time and upon such conditions as to costs or otherwise as it may think fit.

[Deleted and substituted by Government Notice 111/1991 w.e.f. 1/10/1991.]

Procedure for receiving further evidence on appeal

(1) A party who wishes the Court to receive the evidence of witnesses (whether they were or were not called at the trial) or to order the production of any document, exhibit or other thing connected with the proceedings in accordance with the provisions of section 33 of the Act, shall apply for leave on notice of motion prior to the date set down for the hearing of the appeal.

(2) The application shall be supported by affidavit of the facts on which the party relies for making it and of the nature of the evidence or the document concerned.

(3) It shall not be necessary for the other party to answer the additional evidence intended to be called but if leave is granted the other party shall be entitled to a reasonable opportunity to give his own evidence in reply if he so wishes.

Fees generally

(1) Subject to the provisions of these Rules, the fees set out in the Second Schedule hereto shall be payable in respect of the matters to which they relate and shall be paid to the Registrar of the court below or of the Court, as the case may be.

(2) No fee shall be payable in respect of any matter where such fee would be payable by the Government of the Federation or of a State, or any Government Department:

Provided that when any person is ordered to pay the costs of the Government of the Federation or of a State or of any Government Department in any case, all fees which would have been payable but for the provisions of this paragraph, shall be taken as having been paid and shall be recoverable from such person.

Fees in proceedings by poor persons

(1) Any party may apply to the Court for leave to prosecute or defend an appeal as a poor person and such application shall be by notice of motion, supported by affidavit, and shall be served on the other parties to the proceedings. No fee shall be payable on filing any such application.

(2) No party shall be permitted to proceed as a poor person unless he satisfies the Court that he has a reasonable probability of success.

(3) A person permitted to proceed as a poor person shall not be liable to pay any of the Court fees prescribed by these Rules nor shall he be required to make the deposit or to give security for costs.

(4) Where the Court grants leave to a party under this rule, the Chief Justice shall assign a legal practitioner to that party.

(5) The Court may for good cause shown review, rescind or vary an order permitting any person to proceed as a poor person.

(6) The court below or the Court may, on account of the poverty of any party (although such party may not have been formally permitted to proceed as a poor person under this rule) or for other sufficient reason, dispense, if it sees fit, with payment of any fees, if the circumstances of the case so require:

Provided that if such party succeeds in any appeal, which results in an order for payment to him of any costs, the Court may order that such fees shall be a first charge on any moneys recovered or to be recovered under such order.

(7) No fee shall be payable by an appellant in capital cases or where an appellant is granted legal aid.

Registry

[Amended by Decree No. 51, 1991. Section 298 of 1999 Constitution.]

(1) Except when otherwise expressly provided, all documents and processes shall be filed in the Registry of the Court in Abuja:

Provided that whilst the Court is sitting in any place other than Abuja, any documents or processes in connection with any matter to be dealt with at such sessions may be filed with the Registrar of the Court at such place.

(2) A document may be filed in the Registry of the Court either by being delivered by the party or the legal practitioner representing him or his agent in person or by being sent there by registered post.

Hours of opening to public

The Registry of the Court shall, subject to the directions of the Chief Justice, be open every day in the year from eight o’clock in the forenoon to one o’clock in the afternoon except—

(a) on Sundays or on any day declared in Abuja as a public holiday by virtue of the Public Holidays Act; or

(b) on Saturdays when the Registry shall be open to the public from eight o’clock to eleven o’clock in the forenoon.

Sessions

Sessions of the Court shall be convened and constituted and the time, venue and forum for all sessions and for hearing interlocutory applications shall be settled in accordance with directions to be given by the Chief Justice.

Notification of sittings

The sitting of the Court and the matters to be disposed of at such sittings shall be advertised and notified in the Federal Gazette before the date set down for hearing of the appeal:

Provided that the Court may in its discretion hear any appeal and deal with any other matter whether or not the same has been so advertised.

Adjournment

The Court may at any time on application or of its own accord adjourn any proceedings pending before it from time to time and from place to place.

Chief Registrar: custody of records

The Chief Registrar shall have the custody of the records of the Court and shall exercise such other functions as are assigned to him by these Rules.

Other Registrars

The Chief Justice may assign, and the Chief Registrar may, with the approval of the Chief Justice, delegate to any Registrar of the Court any functions required by these Rules to be exercised by the Chief Registrar.

Seal of the Court

(1) Subject to the provisions of this rule, the Seal of the Court and any duplicate thereof shall be kept in the custody of the Chief Registrar, and except as the Chief Justice may otherwise direct, shall not be affixed to any writ, rule, order or other process or to any document without the express authority of the Chief Registrar.

(2) At any time a session of the Court is held outside Abuja, a duplicate of the Seal of the Court may, on the instructions of the Chief Justice, be entrusted and kept in the custody of a Registrar of the Court for the purpose of that session and may be used for such purposes in accordance with any directions given by the Chief Justice or by the Justice presiding at that session.

Powers of Chief Registrar

Except as may be otherwise provided in the Constitution or in any other enactment, the Chief Registrar shall have such powers and duties as are given him by these Rules or such further powers and duties as the Chief Justice may direct.

Books to be kept by Registrar

(1) The Registrar shall keep—

(a) a Criminal Appeal Book;

(b) a Civil Appeal Book; and

(d) each of which shall contain an index in alphabetical order.

(2) The following particulars shall be entered in the Criminal Appeal Book, and the Civil Appeal Book—

(a) the number of the appeal;

(b) the names of the appellant and respondent;

(d) the date and place of hearing of the appeal;

(e) the names of counsel;

(f) the subject matter of the appeal;

(g) the judgment of the Court;

(h) any subsequent proceedings and remarks.

(3) The following particulars shall be entered in the Civil Record Book—

(a) the number of the application;

(b) the names of the parties;

(d) the names of counsel;

(e) the subject matter of the application;

(f) the judgment of the Court;

(g) any subsequent proceedings and remarks.

Files of documents

As soon as the notice of appeal is filed or an application for the exercise by the Court of its original jurisdiction is made to the Court, the Registrar shall prepare a file in which pleadings or documents relating to the appeal or case shall be filed and on the front page thereof shall be recorded particulars of such pleadings or documents and the dates on which they were received.

Setting aside or varying order of Registrar

Any person aggrieved by anything done or directed to be done by the Registrar other than anything ordered or done by the direction of the Chief Justice, may apply to the Chief Justice to have the act, or direction complained of, cancelled or varied and the Chief Justice may give such directions as he thinks fit.

Forms

The forms set out in these Rules or forms as near thereto as circumstances permit, shall be used in all cases to which such forms are applicable.

Applications to Court: procedure to follow

(1) Every application to the Court shall be by notice of motion supported by affidavit. It shall state the rule under which it is brought and the ground for the relief sought.

(2) Any application to the Court for leave to appeal (other than an application made after the expiration of the time for appealing) shall be by notice of motion which shall be served on the party or parties affected.

(3) Where an application has been refused by the court below, an application for a similar purpose may be made to the Court within fifteen days after the date of the refusal.

(4) Wherever under these Rules an application may be made either to the court below or to the Court it shall not be made in the first instance to the Court except where there are exceptional circumstances which make it impossible or impracticable to apply to the court below.

(5) If leave to appeal is granted by the Court under these Rules or by the court below the appellant shall file a notice of appeal.

Application to strike out, etc.

(1) An application to strike out or set aside for non-compliance with these Rules, or for any other irregularity arising from the rules of practice and procedure in this Court, any proceedings or any step taken in any proceedings or any document, judgment or order therein shall only be entertained by the Court if it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.

(2) An application under this rule may be made by motion and the grounds of objection must be stated therein.

When appeal is deemed to be brought

An appeal shall be deemed to have been brought when the notice of appeal has been filed in the Registry of the court below.

Enlargement of time and departure from Rules

(1) The Court may enlarge the time provided by these Rules for the doing of anything to which these Rules apply, or may direct a departure from these Rules in any other way when this is required in the interest of justice.

(2) Every application for an enlargement of time in which to appeal or in which to apply for leave to appeal shall be supported by an affidavit setting forth good and substantial reasons for the failure to appeal or to apply for leave to appeal within the prescribed period. There shall be exhibited or annexed to such affidavit—

(a) a copy of the judgment from which it is intended to appeal;

(b) a copy of other proceedings necessary to support the complaints against the judgment; and

(3) When time is so enlarged a copy of the order granting such enlargement of time shall be annexed to the Notice of Appeal.

Appeal from concurrent findings of facts by two courts

Where, in an appeal to the Court from the court below, the court below has affirmed the findings of fact of the court of first instance, any application to the Court in pursuance of its jurisdiction under section 233 (3) of the Constitution for leave to appeal shall be granted only in exceptional circumstances.

Formerly section 213 (3) of the 1979 Constitution now replaced by section 233 (3) of the 1999 Constitution.]

Leave of audience in certain cases

Where in any proceedings or at any stage of the hearing of any cause or matter, a question arises concerning the validity or constitutionality of any enactment or other law, the Court may, if it considers that it is necessary and expedient so to do, invite the Attorney-General of the Federation, the Attorney-General of the appropriate State or any other legal practitioner to attend the hearing of such cause or matter for the purpose of presenting arguments on such issues of validity or constitutionality.

Application of Order 2

Except as otherwise stated in this Order, or the context so implies, this Order shall apply to all matters whether civil or criminal.

Rules of Court Advisory Committee

(1) There shall be constituted a body to be known as the Rules of Court Advisory Committee comprising—

(a) four Justices, one of whom shall be chairman of the Committee;

(b) two members each of the inner and outer Bar; whom the Chief Justice may in his discretion appoint.

(2) It shall be the duty of the Committee to advise the Chief Justice from time to time, in the exercise of the powers conferred upon him by the Constitution or by or under any law, to make rules for regulating or making provision with respect to practice and procedure in the Court.

(3) Every member of the Committee shall remain a member thereof for such period as the Chief Justice may in his discretion prescribe, either at the time of the appointment of the member or at any time thereafter.

ORIGINAL JURISDICTION

ORDER 3

Proceedings in the original jurisdiction of the court

Procedure not provided for

In the exercise of the original jurisdiction of the Court, where no provision exists in these Rules, the practice and procedure of the Court shall be conducted in substantial conformity with the practice and procedure for the time being observed in the Federal High Court.

Commencement of proceedings

(1) Except where otherwise expressly provided, all proceedings for the exercise by the Court of its original jurisdiction shall be commenced by application to the Court, filed in accordance with rule 15 of Order 2 of these Rules.

(2) Subject to the provisions of any enactment and of these Rules, civil proceedings in the original jurisdiction may be begun by filing a statement of claim, originating summons or originating motion as the case may require.

Where statement of claim must be filed

The following proceedings must be begun by filing a statement of claim—

(a) proceedings in which the facts in issue are disputed or are likely to be disputed; and

(b) proceedings in which a claim made by the plaintiff is based on an allegation of fraud.

Issue of summons

When a statement of claim has been filed a summons shall be issued to the defendant to appear and answer the claim.

Form of summons

Every summons shall be signed by the Registrar and sealed with the Seal of the Court and shall be accompanied by a copy of the statement of claim.

[Form 1.]

Originating summons

(1) In any proceedings where the Court has original jurisdiction, any party claiming any legal or equitable right and the determination of the question whether he is entitled to the right depending on the construction of the Constitution or of any other enactment, may apply for the issue of an originating summons for the determination of such question of construction and for a declaration as to the right claimed and for any further or other relief.

(2) Any party claiming to be interested in any proceedings specified in sub-rule (1) of this rule under a deed or other written instrument, may apply for the issue of an originating summons for the determination of any question of construction arising under the instrument and for a declaration of the rights of the person interested and for any further or other relief.

(3) The application shall be made in Form 2 in the First Schedule to these Rules and shall be supported by such evidence as the Court may require.

[Form 2.]

Statement of claim in lieu of originating summons

Rule 8 of this Order shall not affect the right of any party seeking a declaratory judgment to institute proceedings by filing a statement of claim under this Order and on an application by originating summons the Court shall not be bound to determine any such question of construction if in the opinion of the Court it ought not to be determined on originating summons;

and in the latter event the Court may on the application of either party or of its own motion direct the parties to file pleadings.

Originating motion

Where in any enactment provision is made for obtaining any relief whatsoever by application to the Court and no procedure is prescribed for obtaining such relief in the enactment or under these Rules, the plaintiff may initiate proceedings for such relief by originating motion.

[Form 35.]

Mode of entering appearance

(1) A defendant shall, within a period of 21 days after service of a summons on him enter appearance by filing in the Registry—

(a) a memorandum in writing dated on the day of its delivery, containing the name and address of the defendant, the Attorney-General of the Federation or the State as the case may be, or the defendant’s legal practitioner; and

(b) two duplicates of the memorandum of appearance.

[Form 3.]

(2) The Registrar shall seal the duplicate copies of the memorandum of appearance with a seal bearing the words “Appearance entered” and showing the date on which they were sealed, and then return them to the person entering the appearance.

(3) The duplicate copies of the memorandum of appearance so sealed shall be evidence that the appearance was entered on the day indicated by the seal.

Notice of entry to plaintiff

A defendant shall, on the day on which he entered appearance, give or send written notice of his having entered appearance to the plaintiff’s legal practitioner, and a duplicate of the memorandum of appearance so sealed and delivered to the plaintiff or his legal practitioner shall be sufficient notice for the purpose of this rule.

[Form 4.]

Summons for directions

(1) The plaintiff shall within fourteen days after the defendant has entered appearance take out a summons for directions by the Court.

[Forms 6 and 7.]

(2) The Court may determine all matters pertaining to the summons in chambers or in open court and shall, on the hearing of the summons, give such directions with respect to proceedings, interrogatories, the admission of documents and facts, the discovery, inspection and production of documents and such other interlocutory matters as the Court may consider expedient for the just and expeditious determination of the case.

ORDER 4

Case stated

Stating questions of law

The parties to a proceeding commenced by statement of claim, originating summons or originating motion may at any stage concur in stating the question of law arising in the proceeding in the form of a case stated for the opinion of the Court.

[Form 8.]

Contents of case stated

The case stated shall be divided into paragraphs numbered consecutively and shall concisely state such facts and documents as are necessary to enable the Court to decide the questions raised by the case stated.

Reference to documents

Upon the argument of the case the Court and the parties may refer to the whole contents of the documents stated.

Inference from facts and documents

The Court may draw from the facts and documents stated any inference, whether of fact or law, which might have been drawn from them if proved at a trial.

Argument confined to facts in case

No facts or documents other than those stated in the case shall be referred to upon the argument save with the consent of all parties.

Signing and filing of case stated

A case stated concurred in by the parties to a proceeding shall be signed by the several parties or their legal practitioners and filed with the Registrar.

Written agreement of parties

The parties to a case stated may, if they think fit, enter into an agreement in writing that upon the determination by the court of the question or questions of law raised in the case stated, judgment shall be entered by the Court to any effect within its jurisdiction and with or without costs, and such agreement shall be filed with the Registrar.

Oral agreement before Court

Likewise, the parties may, in the presence of the Court, either themselves or by legal practitioners representing them verbally make an agreement, as to the judgment to be entered upon the determination by the Court of the question of law raised in the case stated.

Procedure in absence of agreement

Where no such agreement is made, the proceedings in the cause shall be resumed, but the questions of law decided in the case stated shall not be re-opened in the Court and the application shall proceed to its final determination upon the decision upon the law recorded after the hearing of the case stated.

ORDER 5

References as to the Constitution and reserved points of law

Stating a case

Where a question as to the interpretation or application of the Constitution is referred to the Court, the Court of Appeal shall state a case in the Forms in the First Schedule to these Rules, whichever may be appropriate, and the Registrar of the Court of Appeal shall forward twelve copies thereof to the Registrar.

Documents to accompany case stated

(1) The case stated shall comply with the requirements prescribed under rule 3 of this Order and shall be bound together with the following documents, that is to say—

(a) in the case of an appeal in civil proceedings—

(i) the writ of summons or other documents by which the proceedings were commenced in the court of trial;

(ii) the pleadings or amended pleadings, as the case may be (if any);

(iii) any other document or proceedings relevant to the question on which the decision of the Court is sought;

(iv) the judgment or decision or order of the court or tribunal from which the appeal came to the Court of Appeal; and

(v) the opinion of the Court of Appeal delivered in accordance with rule 3 of this Order; and

(b) in the case of an appeal in criminal proceedings—

(i) the charge in the court of trial in so far as the same is relevant to the subject matter of the proceedings on appeal;

(ii) the documents containing the matters mentioned under sub-paragraphs (iii), (iv) and (v) of sub-rule (a) of this rule.

Form of case stated

(1) A case stated under this Order (hereafter referred to in this rule as “the case”) shall be divided into paragraphs, which, as near as may be, shall be confined to distinct portions of the subject and every paragraph shall be numbered consecutively.

(2) The case shall state—

(i) the question or questions of interpretation or application of the Constitution on which the decision of the Court is sought;

(ii) the findings of fact, as determined by the Court of Appeal, which are necessary and relevant to explain the questions referred for the decision of the Court;

(iii) the contentions of each of the parties on such question or questions; and

(iv) the opinion of the members of the Court of Appeal on such question or questions.

Right of audience

(1) Subject to the provisions of this rule, the following persons shall be entitled as of right to appear in person or by a legal practitioner at the hearing of the case—

(a) the parties to the proceedings in which the question referred arose;

(b) where the case involves the validity or constitutionality of a law within the competence of the Federal Government, the Attorney-General of the Federation;

(c) where the case involves the validity or constitutionality of a law within the competence of a State, the Attorney-General of the particular State where the law is or purports to be in force.

(2) Where the Attorney-General of the Federation or the Attorney-General of a State is not entitled to appear as of right under sub-rule (1) of this rule, the Court may of its own motion or otherwise, grant leave to either of them to appear personally or by a legal practitioner for the purpose of presenting arguments to the Court on the case.

(3) Any person who is entitled to appear as of right or by leave of the Court may obtain a copy of the case stated from the Registrar and shall be entitled to present arguments to the Court on the issue of the validity or constitutionality of the law in question.

Brief of argument

(1) The provisions of Order 6 relating to the filing of briefs in civil and criminal appeals shall apply to proceedings relating to a case stated under this Order, so however that each of the parties shall be deemed to be an appellant and the bound record of the case shall be deemed to be the Record of Appeal and each party shall file the brief in support of his argument accordingly.

(2) A person granted leave to appear pursuant to sub-rule (2) of rule 4 of these Rules shall not be required to file a brief unless the Court otherwise directs, and the Registrar of the Court shall supply such a person with copies of the Record of Appeal together with the briefs.

Dispute on facts determined by the Court of Appeal

Where a party disputes the determination of the Court of Appeal on any material issue of fact contained in the case stated for the opinion of the Court and has duly appealed against such determination, the Court shall adjourn the consideration of the case stated until after the hearing and decision in the appeal.

Address on case stated

The order of address on case stated shall be determined by the Court in respect of every such case and unless the Court calls upon any counsel to address it a second time, every counsel shall be limited to one address only.

ORDER 6

Filing of briefs in civil and criminal proceedings

Application of Order

This Order shall apply to all matters whether civil or criminal.

Application for leave to appeal: contents of

(1) An application for leave to appeal or for enlargement of time within which to appeal or to seek leave to appeal, shall be supported by a brief and shall include the following—

(a) the motion paper for the application;

(b) the relevant affidavit in support thereof;

(c) the relevant documents referred to in, and exhibited with, the said affidavit which must include true copies of the judgments with which the application is concerned, that is, both of the court below and the court of first instance, verified by affidavit;

(d) the proposed grounds of appeal from the said judgments;

(e) a statement of the questions which the applicant would like the Court to consider, expressed in the terms and circumstances of the case but without unnecessary detail, which statement will be deemed to include every subsidiary question comprised therein. Only the questions set forth in the application or comprised therein will be considered by the Court;

(f) the Constitutional provisions, enactments, or subsidiary legislation, if any, which are relevant to the application;

(g) a concise statement of the case containing the facts material to the consideration of the questions presented; and

(h) a direct and concise argument amplifying the reasons relied upon.

(2) All arguments in support of the application shall be set out in the application as provided for in paragraph (h) of sub-rule (1) of this rule.

(3) Failure on the part of an applicant for leave to present with accuracy, brevity, and precision whatever is essential to the clear and adequate understanding of the questions which require consideration shall be a sufficient reason for refusing the application.

(4) The respondent may, if he so desires, file in reply a counter affidavit not later than two days before the hearing date.

(5) On being served with the applicant’s brief of argument the respondent may file a reply brief within seven days, if the application for leave to appeal is in respect of an interlocutory appeal; and within 21 days in the case of an application for leave to appeal against a final judgment.

Power of the Court to hear applications in chambers

(1) Without prejudice to the powers of the Court to hear oral argument, an application under rule 2 of this Order may be considered and determined by the Court in chambers, only on the written argument and documents, as required by the rule, submitted by the applicant in support without hearing oral argument either in open court or in chambers. The Court may, under this rule, refuse such application, only if in its opinion the application is completely devoid of merit.

(2) Where the appellant has failed to file a brief within the period prescribed by this Order and there is no application for extension of time within which to file the brief, the Court may, subject to the proviso to rule 9 of this Order, proceed to dismiss the appeal in chambers without hearing argument.

(3) Where the appellant has filed a notice of withdrawal of his appeal, the court may proceed to dismiss the appeal in chambers without hearing argument notwithstanding that briefs have been filed in the appeal.

Preparation of record of appeal

Where leave has been granted, the appellant shall file his notice of appeal and the record shall be compiled in accordance with the provisions of Order 7.

Preparation and filing of briefs of argument

(1) (a) The appellant shall within ten weeks of the receipt of the Record of Appeal referred to in Order 7 file in the Court and serve on the respondent a written brief being a succinct statement of his argument in the appeal.

(b) The brief which may be settled by counsel, shall contain what are, in the appellant’s view, the issues arising in the appeal. If the appellant is abandoning any point taken in the court below, this shall be so stated in the brief. Equally, if the appellant intends to apply in the course of the hearing for leave to introduce a new point not taken in the court below, this shall be indicated in the brief.

(c) If leave to file and argue additional grounds of appeal is to be sought at the hearing of the appeal it may be so indicated in the brief and the proposed additional grounds shall be stated and argued in the brief under the appropriate issue or issues arising in the appeal:

Provided that any fees payable under Order 2 rule 13 shall be paid to the Registrar of this Court at the time of filing the brief.

(2) The respondent shall file in the Court and serve on the appellant his own brief within eight weeks after service on him of the brief of the appellant.

(3) The appellant may also file in the Court and serve on the respondent a reply brief within four weeks after service of the brief of the respondent on him but, except for good and sufficient cause shown, a reply brief shall be filed and served at least three days before the date set down for the hearing of the appeal.

(4) If the parties intend to invite the Court to depart from one of its own decisions, this shall be clearly stated in a separate paragraph of the brief, to which special attention shall be drawn, and the intention shall also be restated as one of the reasons.

(5) . . . . . .

(6) (a) Ten copies of each brief must be filed in the Court.

(b) All briefs shall be concluded with a numbered summary of the reasons upon which the argument is founded.

(c) Wherever possible or necessary, the reasons should also be supported by particulars of the titles, dates, and pages of cases reported in the law reports or elsewhere, including the summary of the decisions in such cases, which the parties propose to rely upon. If necessary, reference should also be made to relevant statutory provisions, including the provisions of statutory instruments.

(d) The parties shall assume that briefs will be read and considered in conjunction with the documents admitted in evidence as exhibits during the proceedings in the court below, and wherever necessary, reference should also be made to all relevant documents or exhibits on which they propose to rely in the argument.

(7) Notwithstanding the provisions of rule 9 hereof, any party who failed to file its brief within the time prescribed hereinbefore shall be liable to pay penalty for non-compliance as provided in the Second Schedule to these Rules.

Practice Direction

(8) In giving effect to the provisions of Order 6 rule 5 of the Supreme Court Rules, 1985, the period of the vacation which is declared between July and September each year shall not be taken into account for the computation of the period of filing briefs by either the appellant or the respondent in an appeal before the Court.

Separate briefs and cross-appeals

(1) Parties whose interest in the appeal are passive (for example stakeholders, trustees, executors, etc.) are not required to file a separate brief if they are satisfied that their position is explained in one of the briefs filed.

(2) Argument in respect of a cross-appeal or in respect of a respondent’s notice may be included by any party in his brief for the original appeal without special application. Such an inclusive brief shall clearly state that it is filed in respect of both the original appeal and crossappeal or respondent’s notice.

(3) Where there are more than one appellant and they file more than one brief, it shall not be necessary for the respondent to file more than one brief in respect of his own case and time does not begin to run against him for the purpose of filing his brief until the service of all the briefs filed by the appellants, unless the time within which the appellants may file their briefs has expired.

List of law reports, text books, etc., to be forwarded to the Registrar

(1) As early as possible before the date set down for the hearing of the appeal, and in any event, not later than one week before such date, the party who has filed a brief or the legal practitioner representing him shall forward to the Registrar in charge of litigation a list of the law reports, text books and other authorities which counsel intend to cite at the hearing of the appeal.

(2) The provisions of sub-rule (1) of this rule shall not apply to a party who has included in his brief the list mentioned in the sub-rule, but such a party may, if he so desires, submit a supplementary list within the prescribed time.

Oral argument

(1) Subject to the provisions of rule 3 of these Rules, oral argument will be allowed at the hearing of the appeal to emphasise and clarify the written argument appearing in the briefs already filed in court.

(2) The appellant shall be entitled to open and conclude the argument. But when there is a cross-appeal or a respondent’s notice, the appeal and such cross-appeal or respondent’s notice shall be argued together with the appeal as one case and within the time allotted for one case, and the Court may, having regard to the nature of the appeal, inform the parties which one is to open and close the argument.

(3) Unless otherwise directed, one hour on each side will be allowed for argument. Any request for additional time shall be made to the Court in writing not later than one month after service of the appellant’s brief on the respondent. The request, a copy of which shall be served on the respondent, shall state clearly and in precise terms the reasons why the argument cannot be presented within the time limit.

(4) Unless additional time has been granted, only one legal practitioner will be heard for each side. By the special permission of the Court, more than one legal practitioner may be heard for each side when there are several parties on the same side. The Court will look on divided argument with disfavour.

(5) Save with leave of the Court, no oral argument will be heard in support of any argument not raised in the brief or on behalf of any party for whom no brief has been filed.

(6) When an appeal is called and no party or any legal practitioner appearing for him appears to present oral argument, but briefs have been filed by all the parties concerned in the appeal, the appeal will be treated as having been argued and will be considered as such.

(7) When an appeal is called, and it is discovered that a brief has been filed for only one of the parties and neither of the parties concerned nor their legal practitioners appear to present oral argument, the appeal shall be regarded as having been argued on that brief.

Failure to file brief within time

(1) If an appellant fails to file and serve his brief within the time provided for in rule 5 of these Rules, or within the time as extended by the Court, the respondent may apply to the Court for the appeal to be struck out for want of prosecution. If the respondent fails to file his brief, he will not be heard in oral argument except by leave of the Court.

(2) . . . . . .

Power of Court to accelerate hearing in exceptional circumstances

The Court may, where it considers the circumstances of an appeal to be exceptional, or that the hearing of an appeal must be accelerated in the interest of justice, waive compliance with the provisions of this Order in so far as they relate to the preparation and filing of briefs of argument, either wholly or in part, or reduce the time limits specified in the Order, to such extent as the Court may deem reasonable in the circumstances of the case.

ORDER 7

Record of appeal in civil and criminal proceedings

Appeal to which this Order applies

(1) The provisions of rules 2, 3 and 4 of this Order shall apply to appeals to the Court from final decisions of the Court of Appeal in civil and criminal cases other than decisions on appeal to that court from interlocutory decisions of a High Court.

(2) The provisions of rules 6 and 7 of this Order shall apply to any decision of the Court of Appeal in respect of—

(a) an interlocutory decision made by it;

(b) a decision made by it on appeal from an interlocutory decision of a High Court;

(d) a decision made by it in cases—

(i) where the liberty of a person or the custody of an infant is concerned;

(ii) where an injunction or the appointment of a receiver is granted or refused;

(iii) relating to or connected with the winding up of companies;

(iv) of a decree nisi in a matrimonial cause;

(v) affecting the revenue of the Government of the Federation or of a State;

(e) such other cases as the Court in its discretion may direct.

Preparation of the record

(1) As soon as an appellant has filed his notice of appeal in the court below, the Registrar of that court or (in the case to which rules 6 and 7 of this Order apply) the appellant shall, with all due expedition, start to prepare the record in accordance with the provisions of this Order.

(2) The record shall contain the following documents in the order set out—

(a) the index;

(b) a statement by the Registrar of the Court of Appeal giving brief particulars of the case and including a schedule of the fees paid in the Court of Appeal;

(d) copies of all documents and proceedings before the Court of Appeal;

(e) a copy of the order for leave to appeal whether made by the Court or the Court of Appeal;

(f) a copy of the notice of appeal;

(g) a certificate by the Registrar of the Court of Appeal certifying that the notice of appeal was duly served upon the respondent;

(h) a certificate by the Registrar of the Court Appeal certifying that the appellant has duly and punctually complied with the conditions of appeal imposed upon him, and

(i) a certificate by the Registrar of the Court of Appeal certifying that the appellant and the respondent have either collected their copies of the record respectively or that they have been duly notified that such record is ready for collection.

(3) In respect of the documents and proceedings referred to in paragraphs (c) and (d) of sub-rule (2) of this rule, it shall not be necessary to copy any documents which the appellant with the consent of the respondent considers should be excluded:

Provided that whenever such document has been included on the insistence of the respondent, the Registrar of the court below shall make a note to that effect.

(4) It shall not be necessary to copy the notes or minutes of the proceedings taken by every member of the Court of Appeal and the notes or minutes signed by the Presiding Justice shall be deemed to be the proceedings of the court below.

(5) It shall not be necessary for copies of individual documents to be separately certified but the Registrar of the court below shall certify as correct each copy of the record transmitted by him in accordance with these Rules.

Fees for preparing the record and security for costs

(1) When the appellant or his agent files his notice of appeal, he shall be informed of the amount assessed by the Registrar of the Court of Appeal as the cost of the preparation and transmission of the record to the Court and (in the case of civil appeals) as the amount of security for costs and the due prosecution of the appeal.

(2) The appellant shall within a period of not more than fourteen days pay the amount so assessed and deposit the amount prescribed as security for costs and the due prosecution of the appeal or in lieu thereof give security by bond with one or more sureties to the satisfaction of the Registrar:

Provided that—

(a) the amount of such security shall not exceed twice the costs awarded in favour of the successful party before the Court of Appeal; and

(b) no deposit or security shall be required where the deposit would be payable by the Government of the Federation or of a State, by any Government department, by a local government, or by a corporation directly established by a law enacted by the legislature of the Federation or of a State.

(3) The appellant shall within such time as the Registrar of the court below directs deposit with him a sum fixed to cover the estimated expense of making up and forwarding the record of appeal calculated at the full cost of one copy for the appellant and one-tenth cost for each of the ten copies for the use of the Court.

(4) The Court may, where necessary, require security for costs or for performance of the orders to be made on appeal, in addition to the sum determined under this rule.

Transmission of the record

(1) The Registrar of the court below shall within a period of not more than six months from the date of the filing of the notice of appeal transmit the record when ready together with—

(a) a certificate of service of the notice of appeal;

(b) a certificate that the conditions imposed under this Order have been fulfilled;

(d) the docket or file of the case in the court below and the court of first instance containing all papers or documents filed by the parties in connection therewith, to the Registrar of the Court; and

(e) a certificate indicating dates of service of records on the parties.

(2) The Registrar of the court below shall also cause to be served on all parties mentioned in the notice of appeal who have filed an address for service a notice that the record has been forwarded to the Registrar of the Court who shall in due course, enter the appeal in the cause list.

Departure from rules

(1) The Court may in any case in which it considers it necessary or expedient so to do in the interest of justice, or in any case in which it makes an order for accelerated hearing of the appeal, direct a departure from rules 2, 3 and 4 of this Order.

(2) Where a direction for such departure is made by the Court, the provisions of rules 6 and 7 of this Order shall apply to the appeal notwithstanding the fact that it is an appeal of the type mentioned in sub-rule (1) of rule 1 of this Order:

Provided that the Court may give further or other directions for the purpose of procuring a record for the hearing and determination of the appeal.

Record in certain appeals

It shall not be necessary for the Registrar of the Court of Appeal to prepare a record in respect of an appeal of the type mentioned in sub-rule (2) of rule 1 of this Order unless the court otherwise directs, and accordingly, the record for the purpose of such appeals shall be prepared in the manner set forth in rule 7 of this Order.

Appellant to prepare record in certain appeals

(1) The appellant shall, in appeals to which this rule applies either simultaneously with filing his notice of appeal or within 14 days thereafter, prepare for the use of the Justices a record comprising—

(a) the index;

(b) office copies of documents and proceedings which the appellant considers relevant to the appeal; and

(2) If the respondent considers that the documents and proceedings filed by the appellant are inaccurate or are not sufficient for the purposes of the appeal, he shall, within a period of seven days after service on him of the record filed by the appellant, file any further or other documents that he wishes to file.

(3) All documents filed by either party shall be verified by the affidavit of a person who has read them and compared them with authentic or certified true copies.

(4) In the case of the documents and proceedings mentioned in rule 7 (1) (b) and (c) of this Order, the party filing them shall lodge certified true copies thereof with the Registrar of the Court.

Distribution of record

(1) When the Registrar of the court below has complied with the requirements of rule 4 of this Order, he shall deliver a copy of the record to the parties after receiving any fees that may be due or payable under the Second Schedule to these Rules.

(2) In respect of criminal appeals, the Registrar of the court below shall forward a copy of the record to the Attorney-General or the Solicitor-General of the State from which the appeal emanates or (as the case may require) to the Attorney-General or the Solicitor-General of the Federation.

APPELLATE JURISDICTION

ORDER 8

Civil appeals

Application

This Order shall apply to appeals to the Court from the court below in civil cases, and to matters related thereto.

Notice and grounds of appeal

(1) All appeals shall be by way of rehearing and shall be brought by notice (hereinafter called “the notice of appeal”) to be filed in the registry of the court below which shall set forth the grounds of appeal, state whether the whole or part only of the decision of the court below is complained of (in the latter case specifying such part) and state also the exact nature of the relief sought and the names and addresses of all parties directly affected by the appeal, and shall be accompanied by a sufficient number of copies for service on all such parties. It shall also have endorsed on it an address for service.

(2) If the grounds of appeal allege misdirection or error in law the particulars and the nature of the misdirection or error shall be clearly stated.

(3) The notice of appeal shall set forth concisely and under distinct heads the grounds upon which the appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively.

(4) No ground which is vague or general in terms which discloses no reasonable ground of appeal shall be permitted, save the general ground that the judgment is against the weight of evidence, and any ground of appeal or any part thereof which is not permitted under this rule may be struck out by the Court of its own motion or on application by the respondent.

(5) The appellant shall not without the leave of the Court urge or be heard in support of any ground of appeal not mentioned in the notice of appeal, but the Court may in its discretion allow the appellant to amend the grounds of appeal upon payment of the fees prescribed for making such amendment and upon such terms as the Court may deem just.

(6) Notwithstanding the foregoing provisions the Court in deciding the appeal shall not be confined to the grounds set forth by the appellant:

Provided that the Court shall not, if it allows the appeal, rest its decision on any ground not set forth by the appellant unless the respondent has had sufficient opportunity of contesting the case on that ground.

(7) The Court shall have the power to strike out a notice of appeal when an appeal is not competent.

. . . . . .
Amendment of notice of appeal

A notice of appeal may be amended by or with the leave of the Court at any time.

Direction of the Court as to service of notice of appeal

(1) The Court may in any case direct that the notice of appeal be served on any party to the proceedings in the court below on whom it has not been served, or on any person not party to those proceedings.

(2) The Court may in any case where it gives a direction under this rule—

(a) postpone or adjourn the hearing of the appeal for such period and on such terms as may be just; and

(b) give such judgment and make such order on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.

Withdrawal of appeal

(1) An appellant may at any time before the appeal is called on for hearing serve on the parties to the appeal and file with the Registrar a notice to the effect that he does not intend further to prosecute the appeal.

(2) If all parties to the appeal consent to the withdrawal of the appeal without order of the Court, the appellant may file in the Registry the document or documents signifying such consent and signed by the parties or by their legal representatives and the appeal shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Court, and in such event any sum lodged in Court as security for the costs of the appeal shall be paid out to the appellant.

(3) . . . . . .

(4) If all the parties do not consent to the withdrawal of the appeal as aforesaid, the appeal shall remain on the list, and shall come on for the hearing of any issue as to costs or otherwise remaining outstanding between the parties, and for the making of an order as to the disposal of any sum lodged in Court as security for the costs of appeal.

(5) An appeal which has been withdrawn under this rule shall be deemed to have been dismissed.

(6) Any application under this rule may be considered and determined by the Court in chambers without oral argument.

Appeal by respondent after appellant’s appeal is withdrawn

Where an appeal is withdrawn under rule 6 of this Order any respondent who has not given a notice under rule 3 of this Order may give notice of appeal and proceed therewith in the manner prescribed by the foregoing rules, and in such case the times limited for giving notice of appeal, for depositing the sum estimated to cover the cost of the record and for furnishing the security for costs may, on application to the Court, be extended so far as is reasonably necessary in all the circumstances of the case.

Non-compliance with conditions of appeal

(1) If the appellant has complied with none of the requirements of rule 3 of Order 7, the Registrar of the court below shall certify such fact to the Court, which shall thereupon order that the appeal be dismissed with or without costs, and shall cause the appellant and the respondent to be notified of the terms of its order.

(2) Where an appeal has been dismissed under paragraph (1) of this rule, a respondent who has given notice under rule 3 of this Order may give notice of appeal and the provisions of rule 7 of this Order shall apply as if the appeal were brought under that rule.

(3) If the respondent alleges that the appellant has failed to comply with any part of the requirements of rule 2 of this Order and rule 3 of Order 7, the Court, if satisfied that the appellant has so failed, may dismiss the appeal for want of due prosecution or make such other order as the justice of the case may require.

(4) An appellant whose appeal has been dismissed under this rule may apply by notice of motion that his appeal be restored. Any such application may be made to the Court and the Court may, where exceptional circumstances have been shown, cause such appeal to be restored upon such terms as it may think fit.

(5) Any application under this rule may be considered and determined by the Court in chambers without oral argument.

Death of party to an appeal

(1) It shall be the duty of counsel representing a party to an appeal to give immediate notice of the death of that party to the Registrar of the court below or to the Registrar of the Court (as the case may require) and to all other parties affected by the appeal as soon as he becomes aware of the fact.

(2) If it is necessary to add or substitute a new party for the deceased, an application shall, subject to the provisions of rule 11 of this Order, be made in that behalf to the court below or to the Court either by any exiting party to the appeal or by any person who wishes to be added or substituted.

(3) The notice prescribed by sub-rule (1) of this rule shall be given to the Registrar of the court to which the application mentioned in sub-rule (2) ought to be made.

(4) All actions or other things whatsoever taken or done by the Registrar of the court below or by any other person for the purpose of completing the record and transmitting the same to this Court shall not be open to objection on the ground that it was taken or done after the death of a party to the appeal.

(5) Where an appeal has been set down for hearing and the Court is or becomes aware that a necessary party to the appeal is dead, the appeal shall be struck off the hearing list.

Exhibits

(1) Subject as hereinafter provided each party shall, immediately after an appeal becomes pending before the Court, deliver to the court below all documents (being exhibits in the case or which were tendered as exhibits and rejected) which are in his custody or were produced or put in by him at the trial.

(2) Subject as hereinafter provided, each party to an appeal shall be prepared to produce at the hearing of the appeal all exhibits, other than documents, which are in his custody or were produced or put in by him at the trial.

(3) In case any party finds it difficult to comply with the preceding provisions of this rule owing to the nature of documents or other exhibits or owing to their being in possession of a third party or for any other reason, he may apply to the Registrar of the Court for directions.

(4) The Registrar of the court below may, either of his own motion or upon application, give any directions he deems fit, whether dispensing with the provisions of the rule or modifying its application in any way or for securing compliance with it.

(5) All original documents delivered to the court below under this rule shall remain in the custody of the court below until the record of appeal has been prepared, and shall then be forwarded with the record to the Registrar and shall remain in the custody of the Court until the determination of the appeal:

Provided that the Court or Registrar may allow the return of any document to any party pending the hearing of the appeal and subject to such conditions as it or he may impose.

Control of proceedings during pendency of appeal

After an appeal has been entered and until it has been finally disposed of, the Court shall be seized of the whole of the proceedings as between the parties thereto, and except as may be otherwise provided in this Order, every application therein shall be made to the Court and not to the court below, but any application may be filed in the court below for transmission to the Court.

General powers of the Court

(1) In relation to an appeal the Court shall have all the powers and duties as to amendment and otherwise of the court of first instance, and, where that court is not the court of trial, the court of trial.

(2) The Court shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been given or made, and to make such further or other order as the case may require, including any order as to costs.

(3) The Court shall have power to make orders by way of injunctions or the appointment of a receiver or manager and such other necessary orders for the protection of property or persons pending the determination of an appeal to it even though no application for such an order was made in the court below.

(4) The powers of the Court in respect of an appeal shall not be restricted by reason of any interlocutory order from which there has been no appeal.

(5) The powers of the Court under the foregoing provisions of this rule may be exercised notwithstanding that no notice of appeal has been given in respect of any particular party to the proceedings in that court, or that any ground for allowing the appeal or for affirming or varying the decision of that court is not specified in such a notice; and the Court may make any order, on such terms as the Court thinks just, to ensure the determination on the merits of the real question in controversy between the parties.

(6) The Court may, in special circumstances, order that such security shall be given for the costs of an appeal as may be just.

(7) Documents impounded by order of the Court shall not be delivered out of the custody of the Court except in compliance with an order of the Court:

Provided that where the Attorney-General of the Federation or of a State or the Director of Public Prosecutions of the Federation or of a State makes a written request in that behalf, documents so impounded shall be delivered into his custody.

(8) Documents impounded by order of the Court, while in the custody of the Court, shall not be inspected except by a person authorised to do so by an order of the Court.

Powers of the Court as to new trial

(1) On the hearing of any appeal the Court may, if it thinks fit, make any such order as could be made in pursuance of an application for a new trial or to set aside a verdict, finding or judgment of the court below.

(2) The Court shall not be bound to order a new trial on the ground of misdirection, or of the improper admission or rejection of evidence, unless in the opinion of the Court some substantial wrong or miscarriage of justice has been thereby occasioned.

(3) A new trial may be ordered on any question without interfering with the finding or decision on any other question and if it appears to the Court that any such wrong or miscarriage of justice as is mentioned in paragraph (2) of this rule affects part only of the matter in controversy, or one or some only of the part, the Court may order a new trial as to that part only, or as to that part or those parts only and give final judgment as to the remainder.

(4) In any case where the Court has power to order a new trial on the ground that damages awarded by the court below are excessive or inadequate, the Court may, in lieu of ordering a new trial—

(a) substitute for the sum awarded by the court below such sum as appears to the Court to be proper;

(b) reduce or increase the sum awarded by the court below by such amount as appears to the Court to be proper in respect of any distinct head of damages erroneously included in or excluded from the sum so awarded; but except as aforesaid, the Court shall not have power to reduce or increase the damages awarded by the court below.

(5) A new trial shall not be ordered by reason of the ruling of any judge of the court below that a document is insufficiently stamped or does not require to be stamped.

Judgment

(1) The judgment of the Court shall be pronounced in open court, either on the hearing of the appeal or at any subsequent time of which notice shall be given by the Registrar to the parties to the appeal.

(2) Wherever a reserved judgment is to be given and the counsel concerned are duly notified in that behalf, the presence of such counsel or of their juniors is required in Court when judgment is being delivered. Failure to observe this will be regarded as an act of disrespect to the Court.

(3) A certified copy of the judgment shall be sent by the Registrar to the court below.

Order

(1) Every judgment of the Court shall be embodied in an order.

(2) A sealed or certified copy of the order shall be sent by the Registrar to the court below.

(3) Interlocutory orders shall be prepared in like manner.

Review of judgment

The Court shall not review any judgment once given and delivered by it save to correct any clerical mistake or some error arising from any accidental slip or omission, or to vary the judgment or order so as to give effect to its meaning or intention. A judgment or order shall not be varied when it correctly represents what the Court decided nor shall the operative and substantive part of it be varied and a different form substituted.

Enforcement of judgment

Any decision, including judgment, decree or order given by the Court, may be enforced by the Court or by any other court with subordinate jurisdiction which has been seized of the matter.

Execution of judgment by lower courts

When any decision of the Court, including judgment, decree or order is to be enforced by any other court with subordinate jurisdiction, a certificate under the seal of the Court and the hand of the Chief Justice of Nigeria or the presiding Justice setting forth the decision, shall be filed in such other court, and the latter court shall enforce such decision in terms of the certificate.

Costs

(1) Where the costs of an appeal are allowed they may either be fixed by the Court at the time when the judgment is given or may be ordered to be taxed.

Practice Direction

With effect from Monday, 15th September 1997, the costs to be awarded by the Supreme Court in a civil appeal and an application in a civil appeal are hereby fixed as follows:

(1) Costs to a successful party in a civil appeal ₦10,000.00.

(2) Costs for delaying the hearing of a civil appeal by a party on the day the appeal has been fixed for hearing ₦5,000.00.

(3) Costs in an application in a civil appeal being heard in open court ₦1,000.00.

Liability to costs in proceedings by poor persons

(1) Leave to proceed as a poor person granted pursuant to the provisions of Order 2, rule 14 of these Rules shall not exempt such person from liability to an order for costs in favour of his opponent.

(2) If a poor person is not awarded costs in the proceedings, no fees shall be taken from him by a legal practitioner assigned to him.

(3) If a poor person is awarded costs against his opponent he shall be entitled to include and receive in such costs the fees of any legal practitioner assigned to him and all other fees and costs remitted by his admission to proceed as a poor person.

ORDER 9

Criminal appeals

Appeals to which this Order applies

This Order shall apply to appeals from the Court of Appeal in criminal cases and to matters related thereto.

Application by parties

(1) Except where otherwise provided in these Rules, any application to the Court may be made by the appellant or respondent orally or in writing, but in regard to such applications if the appellant is unrepresented and in custody and is not entitled or has not obtained leave to be present before the Court, he shall make any such application by forwarding the same in writing to the Registrar who shall take the appropriate steps to obtain the decision of the Court thereon.

(2) Any application under this Rule, which is deemed by the Court to be insignificant, may be considered and determined by the Court in chambers without oral argument.

Appellant to file notice of appeal

(1) Subject to the provisions of sub-rule (3) of this rule, appeals shall be brought by notice (hereinafter called “the notice of appeal”) to be filed in the registry of the court below which shall set forth the grounds of appeal and shall state clearly whether the appeal is against some decision of the court below other than conviction or sentence. A notice of appeal shall be in the form prescribed in the First Schedule to these Rules and shall be signed by the appellant:

Provided that, notwithstanding that the provisions herein have not been strictly complied with, the Court may, in the interest of justice and for good and sufficient cause shown, entertain an appeal if satisfied that the intending appellant has exhibited a clear intention to appeal to the Court against the decision of the court below.

(2) Where the Court or the court below has on an application for leave to appeal given an appellant leave to appeal, it shall not be necessary for such appellant to give any notice of appeal but the notice of motion for leave to appeal shall in such case be deemed to be a notice of appeal.

(3) Where an application for leave to appeal has been made to the court below, and if the application has been granted by that court, the Registrar of that court shall send to the Registrar of the Court notification of the result of the application in Form 25 in the First Schedule to these Rules together with the original of the application for leave to appeal and the case shall thereafter be dealt with as if leave to appeal had been granted by the Court.

Bail

(1) Where the Court or the court below admits an appellant to bail pending the determination of his appeal on an application by him duly made, such court shall specify the amounts in which the appellant and his surety or sureties (unless such court directs that no surety is required) shall be bound by recognisance, and shall direct, if it thinks fit so to do, before whom the recognisances of the appellant and his surety or sureties (if any) may be taken.

(2) In the event of such court not making any special order or giving any special directions under this rule, the recognisances of the appellant and of his surety or sureties (if any) may be taken before the Registrar.

(3) The recognisances provided for in this Rule shall be in the Forms prescribed in the First Schedule to these Rules.

(4) The Registrar of the court below shall where the court below admits the appellant to bail, forward the recognisances of the appellant and his surety or sureties to the Registrar.

(5) An appellant who has been admitted to bail shall be personally present at each and every hearing of his appeal and at the final determination thereof, and the Court may, in the event of such appellant not being present at any hearing of his appeal, if it thinks right so to do, decline to consider the appeal, and may proceed summarily to dismiss the same and may issue a warrant for the apprehension of the appellant in the Form prescribed in the First Schedule to these Rules:

Provided that the Court may consider the appeal in his absence, or make other order as it thinks fit.

(6) When an appellant is present before the Court, the Court may, on an application made by him or any other person or, if it thinks right so to do, without any application, make an order admitting the appellant to bail, or revoke or vary any such order previously made, or enlarge from time to time the recognisances of the appellant or of his sureties or substitute any other surety for a surety previously bound as it thinks right.

(7) At any time after an appellant has been released on bail, the Court, or where the appellant was released on bail by the court below, that court, may, if satisfied that it is in the interest of justice so to do, revoke the order admitting to bail, and issue a warrant in the Form prescribed in the First Schedule to these Rules.

Fines

(1) Where a person has, on his conviction, been sentenced to payment of a fine, in default of payment to imprisonment, and such person remains in custody in default of payment of the fine, he shall be deemed, for purposes of appeal, to be a person sentenced to imprisonment.

(2) An appellant who has been sentenced to the payment of a fine, and has paid the same or part thereof in accordance with such sentence, shall, in the event of his appeal being successful, be entitled, subject to any order of the Court, to the return of the sum or any part thereof so paid by him.

Varying order for restitution of property

Where the court below has dismissed an appeal and confirmed the order for conviction, or has made or confirmed an order for restitution of any property to any person, the person in whose favour or against whom the order of restitution has been made, and, with the leave of the Court, any other person, shall, on the final hearing by the Court of an appeal against his conviction on which such order of restitution was made, be entitled to be heard by the Court before any order annulling or varying such order of restitution is made.

Non-suspension of order of restitution

Where the court below is of opinion that the title to any property the subject of an order of restitution made on a conviction of a person before it is not in dispute, that court, if it shall be of opinion that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any appeal, shall give such direction to or impose such terms upon the person in whose favour the order of restitution is made, as it shall think right in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal.

Restrictions on issue of certificate of conviction

The Registrar of the court below or of the court of trial or of any other court, shall not issue, under any law authorising him so to do, a certificate of conviction of any person convicted in the court below if notice of appeal or notice of application for leave to appeal is given, until the determination or abandonment thereof.

Withdrawal of notice of appeal and effect of

(1) An appellant may at any time before the appeal is called on for hearing serve on the respondent and file with the Registrar a notice to the effect that he does not intend further to prosecute the appeal.

(2) Upon receipt of a notice of withdrawal in accordance with this rule, the Registrar shall give notice thereof in the Form prescribed in the First Schedule to the respondent, the prison authority and the Registrar of the court below, and in the case of an appeal against a conviction involving a sentence of death, shall in like manner give notice to the appropriate Federal or State authority responsible for the exercise of the prerogative of mercy, and the Registrar shall also return to the Registrar of the court below any original documents and exhibits received from him.

(3) An appellant (other than one convicted of an offence involving a sentence of death) who has withdrawn his appeal may in special cases, with the leave of the Court, withdraw his notice of withdrawal. Upon such leave being granted, the appellant shall be entitled to prosecute his appeal as if the notice of withdrawal was never filed.

Attendance of witness

(1) Where the Court has ordered any witness to attend and be examined before the court, an order in the Form prescribed in the First Schedule hereto shall be served upon such witness specifying the time and place at which to attend for such purpose.

Application to Court to hear witnesses

(2) Such order may be made on the application at any time of the appellant or respondent, but if the appellant is in custody and not legally represented, the application shall be made by him in the Form prescribed in the First Schedule.

Order appointing examiner

(3) Where the Court orders the examination of any witness to be conducted otherwise than before the Court itself, such order shall specify the person appointed as examiner to take, and the place of taking, such examination and the witness or witnesses to be examined thereat.

Furnishing examiner with exhibits, etc.

(4) The Registrar shall furnish to the person appointed to take such examination any documents or exhibits and any other material relating to the said appeal as and when requested to do so. Such documents and exhibits and other material shall, after examination has been concluded, be returned by the examiner, together with any deposition taken by him under this rule to the Registrar.

Notification of date of examination

(5) When the examiner has appointed the day and time for the examination he shall request the Registrar to give notice thereof to the appellant and the respondent and their legal practitioners, if any, and when the appellant is in prison, to the prison authority. The Registrar shall cause to be served on every witness to be examined a notice in the Form prescribed in the First Schedule.

[Form 32.]

Evidence to be taken on oath

(6) Every witness examined before an examiner under this rule shall give his evidence upon oath or affirmation to be administered by such examiner, except where any such witness is giving evidence as a witness at a trial or information needs not be sworn.

Deposition of witness: how to take

(7) The examination of every such witness shall be taken in the form of a deposition and unless otherwise ordered shall be taken in private. The caption in the Form prescribed in the First Schedule shall be attached to any such deposition.

[Form 33.]

Expenses of witness before examiner

(8) Where any witness shall receive an order or notice to attend before the Court or an examiner, the Registrar may, if it appears to him necessary so to do, pay to such witness a reasonable sum for his expenses.

Presence of parties at examination of witnesses

(9) The appellant and respondent, or the legal practitioner representing him, shall, unless the Court otherwise directs, be entitled to be present at and take part in any examination of any witness to which this rule relates.

Proceedings on reference

When an order of reference is made by the Court to a special commissioner, the question to be referred, and the person to whom as special commissioner the same shall be referred, shall be specified in such order. The Court may in such order or by giving directions as and when it from time to time shall think right, specify whether the appellant or respondent or any person on their behalf may be present at any examination or investigation or at any stage thereof as may be ordered, and specify any and what powers of the Court may be delegated to such special commissioner, and may require him from time to time to make interim reports to the Court upon the question referred to him, and may, if the appellant is in custody, give leave to him to be present at any stage of such examination or investigation and give the necessary directions to the prison authority accordingly, and may give directions to the Registrar that copies of any report made by such special commissioner shall be furnished to the appellant and respondent.

Notification of final determination of appeal

(1) On the final determination of any appeal or of any application to the Court, the Registrar shall give to the appellant, if he be in custody and has not been present at such final determination, and to the respondent and the prison authority, notice of such determination in the Form prescribed in the First Schedule.

Notification of appeal in capital cases

(2) In any case of an appeal in relation to a conviction involving sentence of death, the Registrar shall on receiving notice of appeal, send copies thereof to the appropriate authority responsible for the exercise of the prerogative of mercy, to the respondent and to the prison authority.

Notification of result of appeal

(1) The Registrar at the final determination of an appeal shall notify in such manner as he thinks most convenient to the Registrar of the court below the decision of the Court in relation thereto, and also any orders or directions made or given by the Court in relation to such appeal or any matter connected therewith.

(2) The Registrar of the court below shall on receiving the notification referred to in this rule, enter the particulars thereof on the records of such court.

Return of original depositions, etc.

Upon the final determination of an appeal for the purposes of which the Registrar has obtained from the Registrar of the court below any original depositions, exhibits, information, inquisition, plea or other documents usually kept by the said Registrar, or forming part of the record of the court below, the Registrar shall, where practicable, cause the same to be returned to the Registrar of the court below.

Enforcement of orders

Any order given or made by the Court may be enforced by the Court or by the court below as may be most expedient.

ORDER 10

Miscellaneous

Waiver of compliance with Rules

(1) The Court may, where it considers it in the interest of justice so to do, waive compliance by the parties with these Rules or any part thereof.

(2) Where there is such waiver of compliance with the Rules, the Court may, in such manner as it thinks right, direct the appellant or the respondent, as the case may be, to remedy such non-compliance or not but may, notwithstanding, order the appeal to proceed or give such directions as it considers necessary in the circumstances.

(3) The Registrar shall forthwith notify the appellant or the respondent, as the case may be, of such order made or directions given by the court under this Order where the appellant or the respondent was not present at the time when such order was made or directions were given.

(4) An application under this Rule shall be accompanied by a brief filed by the applicant and served on the respondent. The respondent may thereafter file a brief in reply which shall be served by the respondent on the applicant; and

(5) Any application under this Rule may be considered and determined by the Court in chambers without oral argument.

Practice Direction

The Chief Justice may, at any time, by notice declare a practice of the Court as a Practice Direction, and whenever so declared, such Practice Direction shall be regarded as part of these Rules.

FIRST SCHEDULE

FORM 1

In the Supreme Court of Nigeria

CIVIL SUMMONS

(Order 3, rule 5)

Between ……………………………………………………………………………. Suit No. ………………………………………..

…………………………………………………………………………………………………………………………………….. Plaintiff

and

…………………………………………………………………………………………………………………………………. Defendant

To: ……………………………………………………………………………………………………………………………………………

of ……………………………………………………………………………………………………………………………………………..

You are hereby commanded in the name of the President to enter appearance to an action at the suit ………

of ……………………………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………….

within 21 days after the service of this writ on you, inclusive of the day of such service, and taken notice that in default of your so doing the Plaintiff may proceed therein, and judgment may be given in your absence.

The Plaintiff’s claim is for, etc. …………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………………………

DATED this……………………………… day of …………………………………………………………………….. 20 …………

…………………………………………………………………

Registrar of the Court

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 186

FORM 2

In the Supreme Court of Nigeria

ORIGINATING SUMMONS FOR A DECLARATORY JUDGMENT

(Order 3, rule 6)

Between…………………………………………………………………………….. Suit No. ………………………………………..

…………………………………………………………………………………………………………………………………….. Plaintiff

and

…………………………………………………………………………………………………………………………………. Defendant

Let ………………………………………………………………………………… of ……………………………………………………

within ……………………………………………………………………………. days after the service of this summons on him, inclusive of the day of such service cause an appearance to be entered for him on this summons upon the application of ………………………………………………………………………………………………………..

with claims to be for the determination of the following questions*—

++(1) …………………………………………………………………………………………………………………………………………

(2) …………………………………………………………………………………………………………………………………………….

(3) …………………………………………………………………………………………………………………………………………….

DATED this……………………………… day of …………………………………………………………………….. 20 …………

This summons was taken out by ……………………………………………………………………………………………………

whose address for service is ………………………………………………………………………………………………………….

NOTE.—An address for service must be given.

*State nature of interest;

++Set out questions for determination.

FORM 3

In the Supreme Court of Nigeria

MEMORANDUM OF ENTRY OF APPEARANCE

(Order 3, rule 9)

Between ……………………………………………………………………………. Suit No…………………………………………

…………………………………………………………………………………………………………………………………….. Plaintiff

and

…………………………………………………………………………………………………………………………………. Defendant

Enter an appearance for ……………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………………. in this action.

DATED this……………………………… day of …………………………………………………………………….. 20 …………

…………………………………………………………………

Defendant or his legal practitioner

whose address for service is

NOTE.—A Memorandum of Appearance shall not be received unless it contains an address for service.

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

C12 – 187 [Issue 1]

FORM 4

In the Supreme Court of Nigeria

NOTICE OF APPEARANCE

(Order 3, rule 10)

No. ……………………………………………………………. Suit No. ……………………………………………………………….

Between ……………………………………………………………………………………………………………………….. Plaintiff

and

…………………………………………………………………………………………………………………………………. Defendant

TAKE NOTICE that an appearance has been entered in this action for the defendant.

DATED this……………………………… day of …………………………………………………………………….. 20 …………

…………………………………………………………………

Defendant or his legal practitioner

whose address for service is

…………………………………………………………………

NOTE.—The Plaintiff is required to take out a summons for directions within fourteen days after the date

of entry of appearance, inclusive of the day of such entry.

FORM 5

In the Supreme Court of Nigeria

NOTICE OF MOTION

(Order 3, rule 14)

No. ……………………………………………………………. Suit No. ……………………………………………………………….

Between …………………………………………………………………………………………………………………….. Appellant

and

……………………………………………………………………………………………………………………………….. Respondent

TAKE NOTICE that the Court will be moved on ……………………………………………………………………………….

………………………………………………………………………………………………………………………………………………….

at ……………………………………………………………………………………………………………….. in the forenoon or as

soon thereafter as Counsel can be heard on behalf of the above-named ………………………………………………

………………………………………………………………………………………………………………………………………………….

for an order that ………………………………………………………………………………………………………………………….

DATED this……………………………… day of …………………………………………………………………….. 20 …………

…………………………………………………………………

Applicant or his legal representative

whose address for service is

…………………………………………………………………

NOTE.—An address for service must be given.

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 188

FORM 6

In the Supreme Court of Nigeria

SUMMONS FOR DIRECTIONS

(Order 3, rule 20)

No. ……………………………………………………………. Suit No. ……………………………………………………………….

Between ……………………………………………………………………………………………………………………….. Plaintiff

and

…………………………………………………………………………………………………………………………………. Defendant

TO THE DEFENDANT OR HIS LEGAL PRACTITIONER

Let all parties attend ………………………………………………………………………………………………………. at the

Supreme Court of Nigeria on the ………………………………………………………………………………………… day of

……………………………………. 20 ……………….. at ……………………….. o’clock in the forenoon on the hearing

of an application for directions in this action that—

*1. ……………………………………………………………………………………………………………………………………………

*2. ……………………………………………………………………………………………………………………………………………

*3. ……………………………………………………………………………………………………………………………………………

DATED this……………………………… day of …………………………………………………………………….. 20 …………

This summons was taken out by ……………………………………………………………………………………………………

of ……………………………………………………………………………………………………………………………………………..

*Set out directions requested.

FORM 7

In the Supreme Court of Nigeria

ORDER ON SUMMONS FOR DIRECTIONS

(Order 3, rule 20)

No. ……………………………………………………………. Suit No. ……………………………………………………………….

Between ……………………………………………………………………………………………………………………….. Plaintiff

and

…………………………………………………………………………………………………………………………………. Defendant

Upon hearing ……………………………………………………………………………………………………………………………..

and upon reading the affidavits of ……………………………………………………………………………………… herein;

It is ordered that ………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………………………….

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

C12 – 189 [Issue 1]

FORM 7—continued

And it is recorded that the …………………………………………………………………………………………………………….

refuses to admit, for the purposes of this action, the truth of the statement in ………………………………………

………………………………………………………………………………………………………………………………………………….

DATED this……………………………… day of …………………………………………………………………….. 20 …………

…………………………………………………………………

Chief Justice/Justice of the Supreme Court

FORM 8

In the Supreme Court of Nigeria

CASE STATED

(Order 4, rule 1)

Suit No. ……………………………

Between ……………………………………………………………………………………………………………………….. Plaintiff

and

…………………………………………………………………………………………………………………………………. Defendant

The following facts *have been agreed between the parties, that is to say—

*(a) …………………………………………………………………………………………………………………………………….

(b) …………………………………………………………………………………………………………………………………….

The following documents* have been agreed between the parties, that is to say—

*(a) …………………………………………………………………………………………………………………………………….

(b) …………………………………………………………………………………………………………………………………….

The following questions of the law arising in these proceedings are referred for the opinion of the Court, that is to say—

**(a) …………………………………………………………………………………………………………………………………….

(b) …………………………………………………………………………………………………………………………………….

DATED this……………………………… day of …………………………………………………………………….. 20 …………

…………………………………………………………………

Plaintiff or his legal practitioner

…………………………………………………………………

Defendant or his legal practitioner

*Set out the agreed facts.

*Set out the agreed documents.

**Set out the questions of law on which the opinion of the Court is required.

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 190

FORM 9

In the Supreme Court of Nigeria

REFERENCE AS TO CONSTITUTION

DISPUTED FACTS

(Order 5, rule 1)

Appeal No. ……………………….

Between ……………………………………………………………………………………………………………………….. Plaintiff

and

…………………………………………………………………………………………………………………………………. Defendant

CASE STATED

This is— ……………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………….

(Here state the nature of the proceeding)

The findings of fact as determined or accepted by the Court of Appeal and which are necessary and relevant to explain the questions which are hereby referred for the decision of the Supreme Court are as

follows—

………………………………………………………………………………………………………………………………………………….

(Here state the findings of fact as determined or accepted by the Court of Appeal)

The facts herein stated are not accepted by the Plaintiff/Complainant/Defendant in that—

………………………………………………………………………………………………………………………………………………….

(Here state the contention of the party who disputes the finding of fact of the Court of Appeal)

At the hearing of the appeal, it was argued on behalf of the ………………………………………………………. that:

………………………………………………………………………………………………………………………………………………….

(Here state the reply made on behalf of the other party)

In the premises, the following questions as to the interpretation or application of the Constitution have

arisen in these proceedings, namely:

………………………………………………………………………………………………………………………………………………….

(Here state the questions referred)

The above stated questions of law are hereby referred for the decision of the Supreme Court.

DATED this……………………………… day of …………………………………………………………………….. 20 …………

…………………………………………………………………

President/Justice of the Court of Appeal

FORM 10

In the Supreme Court of Nigeria

REFERENCE AS TO CONSTITUTION

FACTS NOT DISPUTED

Appeal No. ……………………….

Between ……………………………………………………………………………………………………. Plaintiff/Complainant

and

…………………………………………………………………………………………………………………………………. Defendant

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

C12 – 191 [Issue 1]

FORM 10—continued

CASE STATED

This is—

………………………………………………………………………………………………………………………………………………….

(Here state the nature of the proceeding)

………………………………………………………………………………………………………………………………………………….

The following facts which are necessary and relevant to explain the questions which are hereby referred for the decision of the Supreme Court are not disputed by the parties:

………………………………………………………………………………………………………………………………………………….

(Here state the facts as admitted or accepted by the parties before the Court of Appeal)

At the hearing of the appeal, it was argued on behalf of the …………………………………………………… that:

………………………………………………………………………………………………………………………………………………….

(Here state the contentions which or the reply to which raise the issue of the interpretation or application

of the Constitution)

It was argued in reply on behalf of the ……………………………………………………………………………….. that:

………………………………………………………………………………………………………………………………………………….

(Here state the reply made on behalf of the other party)

In the premises, the following questions as to the interpretation or application of the Constitution have

arisen in these proceedings, namely—

………………………………………………………………………………………………………………………………………………….

(Here state the questions referred)

The above stated questions of law are hereby referred for the decision of the Supreme Court.

DATED this……………………………… day of …………………………………………………………………….. 20 …………

…………………………………………………………………

President/Justice of the Court of Appeal

FORM 11

In the Supreme Court of Nigeria

REFERENCE AS TO CONSTITUTION

FACTS NOT DISPUTED

(Order 5, rule 1)

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

CASE STATED

This is— ……………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………….

(Here state the nature of the proceedings)

At the hearing of the appeal, it was argued on behalf of the ………………………………………………………. that:

…………………………………………………………………………………………………………………………………………………

(Here state the contentions which or the reply to which raise the issue of the interpretation

or application of the Constitution)

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 192

FORM 11—continued

It was argued in reply on behalf of the ……………………………………………………………………………………. that:

………………………………………………………………………………………………………………………………………………….

(Here state the reply made on behalf of the other party)

The Court of Appeal is satisfied that a decision of the rival contentions of the parties necessitates a determination of the validity of the following law, that is to say—

………………………………………………………………………………………………………………………………………………….

(Here state the enactment or statutory instrument or other law, the validity of which

it is necessary to decide)

In the premises, the following questions as to the interpretation or application of the Constitution have

arisen in these proceedings, namely—

………………………………………………………………………………………………………………………………………………….

(Here state the questions referred)

The above stated questions of law are hereby referred for the decision of the Supreme Court.

DATED this……………………………… day of …………………………………………………………………….. 20 …………

…………………………………………………………………

President/Justice of the Court of Appeal

FORM 12

In the Supreme Court of Nigeria

NOTICE OF APPEAL

(Order 8, rule 2)

Between ……………………………………………………………………………………………………………………….. Plaintiff

and

…………………………………………………………………………………………………………………………………. Defendant

TAKE NOTICE that the Plaintiff/Defendant being dissatisfied with the decision/that part of the decision more particularly stated in paragraph 2* of the ……………………………………………………………………….. court

contained in the judgment/order* of the Court of Appeal dated the …………………………………………….. day

of ………………………………………………. 20 …………… doth hereby appeal (as of right/with leave granted by

the Court of Appeal/this Court on the …………………………… day of ………………………………… 20 ……… )*;

to the Supreme Court upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek

the relief set out in paragraph 4.

And the Appellant further states that the names and addresses of the persons directly affected by the appeal are those set out in paragraph 5.

Part of decision of the lower court complained of ………………………………………………………………… ++
Grounds of Appeal:

(1) ………………………………………………………………………………………………………………………………………

(2) ………………………………………………………………………………………………………………………………………

(3) ……………………………………………………………………………………………………………………………….. etc.

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

C12 – 193 [Issue 1]

FORM 12—continued

Relief sought from the Supreme Court of Nigeria
Persons directly affected by the appeal:

Name Address

(1) ………………………………………………………………………………………………………………………………………

(2) ………………………………………………………………………………………………………………………………………

(3) ……………………………………………………………………………………………………………………………….. etc.

DATED this ……………………………. day of …………………………………………………………………….. 20 …………

…………………………………………………………………

Appellant

whose address for service is

…………………………………………………………………

NOTE.—An address for service must be given.

*Strike out words inapplicable.

++If appealing against the whole decision insert “whole decision”.

FORM 13

In the Supreme Court of Nigeria

BOND FOR COSTS ON APPEAL

(Order 7, rule 3)

KNOW ALL MEN, by these presents, that we …………………………………………………………………………………

…………………………………………………………………………………. of…………………………………………………………

and …………………………………………………………………………… of …………………………………………………………

are jointly and severally held and firmly bound to ……………………………………………………………………………

and …………………………………………………………………………… of ……………………………………………….. in the

sum of ………………….. naira of lawful money to be paid to the said …………………………………………………..

his executors, administrators or assigns, for which payment well and truly to be made, we bind ourselves and each of us for himself, in the whole our and every of our heirs, executors and administrators, firmly by these presents.

SEALED with our seals.

DATED the …………………………. day of ………………………………….. in the year of our Lord, 20 …………..

WHEREAS an appeal is now pending in the Court of Appeal at ……………………………………………………… wherein the above-bounden ………………………………………………………………………………………. is Appellant and the said ………………………………………………………………………………………………………… is Respondent;

AND WHEREAS a judgment was given by the Court therein, on the ………………………………………………… day of ………………………………………… for the said …………………………………………………………………………..

and the said ………………………………………………………… has filed notice of appeal from the said judgment;

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 194

FORM 13—continued

AND WHEREAS it is by law provided that the party appealing shall give security to the satisfaction of the Registrar of the court below for the due prosecution of the appeal and for the payment of any costs which may be ordered to be paid by the appellant.

AND WHEREAS the above-named ……………………………………………… and ………………………………………..

…………………………………………………………………… at the request of the said ………………………………………..

have agreed to enter into this obligation for the purpose aforesaid:

Now the condition of this obligation is such, that if the said …………………………………………………. shall duly prosecute the appeal and if the above bounden ………………………………………………………………….. and …………………………………………………………………………………………. and of either of them shall pay any cost which may be ordered to be paid on the appellant this obligation shall be void, otherwise remain in full

force.

Signed, sealed and delivered in the presence of …………………………………………………………………………….

FORM 14

In the Supreme Court of Nigeria

CERTIFICATE OF SERVICE OF NOTICE OF APPEAL

(Order 7, rule 2 (2) (g))

Between …………………………………………………………………………………………………………………. Appellant(s)

and

……………………………………………………………………………………………………………………………. Respondent(s)

I, the undersigned Registrar of the Court of Appeal

DO CERTIFY that notice of appeal in the above-named case was duly served upon ……………………………

………………………………….. the Respondent herein.

DATED this ……………………………. day of …………………………………………………………………….. 20 …………

……………………………………………………..

Registrar of court below

FORM 15

In the Supreme Court of Nigeria

CERTIFICATE OF REGISTRAR THAT CONDITIONS OF APPEAL HAVE BEEN FULFILLED

(Order 7, rule 2 (2) (h))

Between …………………………………………………………………………………………………………………. Appellant(s)

and

……………………………………………………………………………………………………………………………….. Respondent

I do hereby certify that the above-named Appellant has duly and punctually complied with the conditions

of appeal imposed on him in the above-named case.

DATED this ……………………………. day of …………………………………………………………………….. 20 …………

……………………………………………………..

Registrar, Court of Appeal

THE REGISTRAR,

SUPREME COURT OF NIGERIA

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

C12 – 195 [Issue 1]

FORM 16

In the Supreme Court of Nigeria

NOTICE TO PARTIES OF DISPATCH OF RECORD

(Order 7, rule 4 (2))

Between …………………………………………………………………………………………………………………….. Appellant

and

……………………………………………………………………………………………………………………………….. Respondent

TAKE NOTICE that the record in the above-named appeal has this day been forwarded to the Registrar of the Supreme Court of Nigeria.

DATED this ……………………………. day of …………………………………………………………………….. 20 …………

……………………………………………………..

Registrar of the Court of Appeal

FORM 17

Deleted

By Govt. Notice 111/1991 w.e.f. 1/10/91.

FORM 18

Deleted

By Govt. Notice 111/1991 w.e.f. 1/10/91.

FORM 19

In the Supreme Court of Nigeria

NOTICE OF WITHDRAWAL OF APPEAL

(Order 8, rule 6)

Appeal No. …………………………………………………………………………………………………………. 20……………

Between …………………………………………………………………………………………………………………. Appellant(s)

and

……………………………………………………………………………………………………………………………. Respondent(s)

TAKE NOTICE that the Appellant(s) herein intend(s) and doth hereby wholly withdraw(s) his/their appeal against (all) the Respondent(s) in the above-mentioned appeal.

DATED this……………………………… day of …………………………………………………………………….. 20 …………

……………………………………………………..

Appellant(s)

THE REGISTRAR,

SUPREME COURT OF NIGERIA

AND TO

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 196

FORM 20

In the Supreme Court of Nigeria

NOTICE OF WITHDRAWAL OF APPEAL BY AGREEMENT

(Order 8, rule 6)

Between …………………………………………………………………………………………………………………. Appellant(s)

and

…………………………………………………………………………………………………………………………… Respondent(s)

TAKE NOTICE that the above appeal is withdrawn with the consent of all parties thereto.

DATED this …………………………….. day of …………………………………………………………………….. 20 …………

……………………………………………………….

Respondent or his legal practitioner

FORM 21

In the Supreme Court of Nigeria

CERTIFICATE AS TO NON-COMPLIANCE WITH CONDITIONS IMPOSED UPON WOULD-BE APPELLANT

(Order 8, rule 6)

Pursuant to Order 8, rule 13 of the Supreme Court Rules, I hereby certify that the Appellant(s) in the above-named case have/has complied with none of the requirements of Order 8, rules 5 and 6.

DATED this ……………………………. day of …………………………………………………………………….. 20 …………

……………………………………………………….

Registrar of the Court of Appeal

FORM 22

In the Supreme Court of Nigeria

FORM OF DECLARATION THAT A PARTY DOES NOT WISH TO BE PRESENT OR

REPRESENTED AT HEARING OF APPEAL IN A CIVIL CASE

(Order 2, rule 10)

Appeal No. ……………………….

Between …………………………………………………………………………………………………………………….. Appellant and

……………………………………………………………………………………………………………………………….. Respondent

I, …………………………………………………………………………………………………………. Appellant/Respondent do hereby declare that I do not wish to be present in person or by counsel on the hearing of the abovementioned appeal, but desire to submit the following arguments for the consideration of the Court………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

DATED this ……………………………. day of …………………………………………………………………….. 20 …………

……………………………………………………….

Appellant/Respondent

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

C12 – 197 [Issue 1]

FORM 23

In the Supreme Court of Nigeria

CERTIFICATE OF THE ORDER OF THE COURT

(Order 8, rule 18)

Between …………………………………………………………………………………………………………………….. Appellant

and

……………………………………………………………………………………………………………………………….. Respondent

I HEREBY CERTIFY that on the …………………………………………………………………………………………… day

of …………………………………………………………………………………….. 20 …………… The Supreme Court made the following Order.

GIVEN under my hand and the Seal of the Supreme Court this ……………………………………………. day of

…………………………………………………… 20 ………………………

……………………………………………………….

Chief Justice/Justice Supreme Court

FORM 24

In the Supreme Court of Nigeria

NOTICE OF APPEAL

(Order 9, rule 3 (1))

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

and

…………………………………………………………………………………………………………………………………. Defendant

I, …………………………………………………………………………………………………………. Appellant/Respondent do take notice that the Complainant/Defendant* being a party to the decision more particularly stated in paragraph 2 of this Notice of Appeal contained in the judgment of the Court of Appeal dated the………………………………………………….. day of ………………………………………. 20 ………………… doth hereby appeal to the Supreme Court upon the grounds set out in paragraph 3 and will at the hearing of the appeal

seek the relief set out in paragraph 4.

AND FURTHER TAKE NOTICE that this Notice of Appeal should be served on the Attorney-General of the Federation/Attorney-General of ………………………………………………………………………………… State*.

+2. Decision complained of:

Grounds of appeal:

(1) ………………………………………………………………………………………………………………………..

(2) ………………………………………………………………………………………………………………………..

(3) ………………………………………………………………………………………………………………… etc.

Relief sought from the Supreme Court:

5.* The Defendant is in custody and he wishes/does not wish* to be present at the hearing of

the appeal.

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 198

FORM 24—continued

DATED this …………………………. day of …………………………………………………………………….. 20 …………

……………………………………………………………………………….

Complainant/Defendant* (or his legal practitioner)

……………………………………………………………………………….

NOTE.—An address for service must be given.

*Strike out words inapplicable.

+State whether appealing against conviction or sentence or some other order.

FORM 25

In the Supreme Court of Nigeria

NOTIFICATION BY REGISTRAR OF THE COURT OF APPEAL OF RESULT OF

APPLICATION FOR LEAVE TO APPEAL

(Order 9, rule 3 (3))

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

and

…………………………………………………………………………………………………………………………………. Defendant

TO THE REGISTRAR OF THE SUPREME COURT OF NIGERIA

I hereby give you notice that on the …………………………………………………………………………………….. day of …………………………………….20 ……….. the Court of Appeal at………………………………………………………. granted/refused an application for leave to appeal against conviction/sentence in the case of which particulars

are set below.

DATED this …………………………. day of …………………………………………………………………….. 20 …………

PARTICULARS OF TRIAL AND CONVICTION

No. of Case …………………………………………………………………………………………………………………….
Court of trial ……………………………………………………………………………………………………………………
Name of accused ……………………………………………………………………………………………………………..
Result of trial …………………………………………………………………………………………………………………..

NOTE.—The Registrar of the Court of Appeal should forward with this notice the application for leave to appeal.

DATED this……………………………… day of …………………………………………………………………….. 20 …………

……………………………………………………….

Registrar, Court of Appeal

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

C12 – 199 [Issue 1]

FORM 26

In the Supreme Court of Nigeria

NOTIFICATION BY REGISTRAR OF THE COURT OF APPEAL OF RESULT OF

APPLICATION FOR LEAVE TO APPEAL

(Order 9, rule 4 (3))

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

and…………………………………………………………………………………………………………………………………. Defendant

BE IT REMEMBERED THAT WHEREAS ………………………………………………………………………………….. was

convicted of ………………………………………. on the………….. day of ……………………………………20 …………and was thereupon sentenced to ……………………………………………………………………………………………………and now is in lawful custody in prison at ………………………………………………………………………………………..

AND WHEREAS his appeal to the Court of Appeal has been dismissed and he has duly appealed to the Court and has applied for bail pending the determination of his appeal, and has been granted bail on

entering into his own.

Recognisances in the sum of ₦ ……………………………..) the said personally ……………………………………….. cometh before me the undersigned, being the ……………………………………….. and acknowledges himself to owe to the President the said sum of ₦ ……………………………………………….. good and lawful money, to be made and levied on his goods and chattels, lands and tenements to the use of the President, his heirs and

successors, if he the said ……………………………………………………………. fails in the conditions so endorsed.

TAKEN AND ACKNOWLEDGED ……………………………… this ……………….. day of ……………….. 20……………

at …………………………………………………………… before me.

(State Office)

CONDITION

The condition of the within written Recognisance is such that if the said …………………………………………… shall personally appear and surrender himself at the final determination thereof and then and there abide by the judgment of the said Court and not depart or be absent from such Court at any such hearing without the leave of the said Court, and in the meantime not depart from his usual place of abode without the leave of the Court, then this Recognisance shall be void, otherwise of full force and effect.

The following to be filled up by the Appellant and signed by him.

When released on bail my address for service, to which any Notices, etc., are to be addressed, will be as follows—

………………………………………………………………………………………………………………………………………………….

……………………………………………………….

Signature of Appellant

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 200

FORM 27

In the Supreme Court of Nigeria

RECOGNISANCE OF DEFENDANT’S SURETIES

(Order 9, rule 4 (3))

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

and

…………………………………………………………………………………………………………………………………. Defendant

BE IT REMEMBERED that on this ………………………………….. day of ………………………………… 20 …………..

of …………………………………. and ………………………………………. of …………………………………………………….

came before me the undersigned being the ……………………………………………………………. and (state office)

severally acknowledged themselves to owe to the President the several sums following, that is to say, the said …………………………………. the sum of ₦ ………………….. and the said …………………………. the sum of ₦ ………………………. of good and lawful money, to be made and levied on their goods and chattels, lands and tenements respectively, to the use of the President, his heirs and successors, if …………………………….. now in lawful custody in prison at …………………………………………. fails in the condition hereon endorsed.

TAKEN AND ACKNOWLEDGED before me the undersigned, the day and year first above-mentioned.

……………………………………………………….

Magistrate/Registrar

CONDITION

The condition of the written Recognisance is such that whereas the said ………………………………………….having been convicted of …………………………………………………………………………… and now in such lawful custody as before-mentioned (under a sentence of ………………………………………………… for such offence), has duly appealed to the Court against his said conviction (and sentence), and having applied to the said Court for bail, pending the determination of his said appeal, has been granted bail on his entering into recognisance in the sum of ₦ ……………………………………………………………..with sureties each in the sum of ₦ ………………………………… if the said ……………………………………………………………….. shall personally appear and surrender himself at and before the said Court and at the final determination thereof, and then and there abide by the judgment of the said Court, and not depart or be absent from the said Court at any such hearing without the leave of the Court and in the meantime not depart from his usual place of abode without the leave of the Court, then his recognisance shall be void, otherwise of full force and effect.

FORM 28

In the Supreme Court of Nigeria

RECOGNISANCE OF DEFENDANT’S SURETIES

(Order 9, Rule 4 (5) and 4 (7))

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

and

…………………………………………………………………………………………………………………………………. Defendant

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

C12 – 201 [Issue 1]

FORM 28—continued to the constables of the police force (or court messengers, as the case may be), and to the …………………….

(State office)

……………………………………………………………………. of the Prison at ……………………………………………………

WHEREAS …………………………………………………………………………………………………………………………………..a defendant in the Court has been released on bail, and it has now been ordered by the Court that a warrant be issued for the apprehension of the said ………………………………………………………………………………..

………………………………………………………………………………………………………………………………………………….

These are therefore to command you the said constables (or court messengers, as the case may be) forthwith to apprehend the said ………………………………………………………………………………………………. and bring him to the …………………………………………………………………………………….. of the said prison and there deliver him with this warrant into the custody of said ………………………………………………….. you the

(State office)

said …………………………………………………………………………………………………………………………………….. are hereby required to receive the said …………………………………………………………………………………………. into your custody in the said prison and there safely to keep him until further order of the Court.

DATED this……………………………… day of …………………………………………………………………….. 20 …………

……………………………………………………….

Chief Justice/Justice Supreme Court

FORM 29

In the Supreme Court of Nigeria

NOTICE OF WITHDRAWAL OF APPEAL

(Order 9, rule 9 (2))

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

and

…………………………………………………………………………………………………………………………………. Defendant

TO THE ATTORNEY-GENERAL OF* …………………………………………………………………………………….. STATE

of ……………………………………………………………………………………………………………………………………………..

This is to give you notice that I have this day received from the above-named ……………………………………. a notice of abandonment of all proceedings in regard to his appeal to the Court. The said notice is dated ……………………………………………………………………….. day of ………………………………… 20 …………..

DATED this……………………………… day of …………………………………………………………………….. 20 …………

……………………………………………………….

Registrar of the Court

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 202

FORM 29—continued

*Send copies addressed to—

(a) The Permanent Secretary of the appropriate Ministry (if a capital case);

(b) The Attorney-General or other respondent;

(d) The Registry of the court below.

FORM 30

In the Supreme Court of Nigeria

ORDER TO WITNESS TO ATTEND COURT FOR EXAMINATION

(Order 9, rule 10 (1))

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

and

…………………………………………………………………………………………………………………………………. Defendant

To …………………………………………………………………………………………………………………………………………….

(Name of witness)

of ……………………………………………………………………………………………………………………………………………..

(Address)

WHEREAS on good cause shown to the Court you have been ordered to attend and be examined as a witness before such Court upon the appeal of the above-named.

This is to give you notice to attend before the Court at ……………………………………………………………………..

on …………………………………………………………. the ……………………… day of …………………….. 20 …………..

at ……………………………………………. o’clock in the …………………………………………………………………. noon.

You are also required to have with you at the said time and place any books, papers or the things relating to the said appeal which you my have had notice so to produce.

DATED this……………………………… day of …………………………………………………………………….. 20 …………

……………………………………………………….

Registrar of the Court

FORM 31

In the Supreme Court of Nigeria

APPELLANT’S APPLICATION FOR FURTHER WITNESS(ES)

(Order 9, rule 10 (2))

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

and

…………………………………………………………………………………………………………………………………. Defendant

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

C12 – 203 [Issue 1]

FORM 31—continued

I …………………………………………………………………………………………………………………………………………… having appealed to the Court, hereby request to take notice that I desire that the said Court shall order the witness(es) hereinafter specified to attend the Court and be examined on my behalf.

……………………………………………………….

Signature or mark of Appellant

Signature and address of witness(es) ( ………………………………………………………………………………………..

( ………………………………………………………………………………………..attesting mark ( ………………………………………………………………………………………..

DATED this……………………………… day of …………………………………………………………………….. 20 …………

You are required to fill up the following and sign the same.

Name and address of witness(es) …………………………………………………………………………………………….
Whether such witness(es) has/have been examined at trial ………………………………………………………….
If not, state the reason why they were not so examined ………………………………………………………………
On what matters do you wish him/them to be examined on the appeal ………………………………………….

……………………………………………………………………………………………………………………………………………

State shortly the evidence you think they can give.

FORM 32

In the Supreme Court of Nigeria

NOTICE TO WITNESS TO ATTEND BEFORE AN EXAMINER

(Order 9, rule 10 (5))

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

and

…………………………………………………………………………………………………………………………………. Defendant

to ………………………………………………………………………………………………………………………………………………

(Name of witness)

of ……………………………………………………………………………………………………………………………………………..

(Address)

WHEREAS on good cause shown to the Court you have been ordered to be examined as a witness upon the appeal of the above-named, and your deposition to be taken for the use of the said Court.

This is to give you notice to attend at …………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………….

(Specify place of examination)

on the ……………………………………. day of …………………………………………………………………….. 20 …………

before …………………………………………………………… day of ……………………………………………… 20 …………

(Fill in examiner’s name)

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 204

FORM 32—continued

in the ……………………………………………………………………………………………………………………………….. noon.

You are also required to have with you at the said time and place any books, papers or other things under your control or in your possession in any manner relating to the said appeal of which you have had notice so to produce.

DATED this ……………………………. day of …………………………………………………………………….. 20 …………

……………………………………………………….

Registrar of the Court

FORM 33

In the Supreme Court of Nigeria

CAPTION FOR DEPOSITION OF WITNESS EXAMINED BEFORE EXAMINER

(Order 9, rule 10 (7))

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

and

…………………………………………………………………………………………………………………………………. Defendant

The deposition (on oath) taken before me the undersigned, being an examiner duly appointed by the Court in that behalf of ……………………………………………………………………………………………………………………………………………………………………………………………….. of ……………………………………………………………………….

(Name of witness) (Address of witness)

and ………………………………………………………………………………………………………………… witness, examined

before me under an order of the said Court dated …………………………………………………………………………….

day of ……………………………………………………………………………. 20 ……………… in the presence of the said

……………………………………………………………………………………………………………. Defendant (or of his legal

practitioner) and the Respondent at ………………………………………………………………………………………….. on

the ………………………………………… day of …………………………………………………………………….. 20 …………which said Defendant (or his legal practitioner) and the Complainant had full opportunity of asking questions of the said witness, to whom the depositions following were read by me before being signed by them the said witnesses respectively.

The deposition of ………………………………………………………………………………………………………………….of………………………………………………………………………………………………………………………………………….. who

(upon oath duly administered by me) said as follows—

………………………………………………………………………………………………………………………………………………….

DATED this……………………………… day of …………………………………………………………………….. 20 …………

……………………………………………

Examiner

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

C12 – 205 [Issue 1]

FORM 34

In the Supreme Court of Nigeria

NOTIFICATION TO APPELLANT OF RESULT OF APPLICATION

(Order 9, rule 12)

Appeal No. ……………………….

Between ………………………………………………………………………………………………………………… Complainant

and

…………………………………………………………………………………………………………………………………. Defendant

TO THE ABOVE-NAMED DEFENDANT

This is to give you notice that the Court has considered the matter of your application for—

(a) leave to appeal to the said Court;

(b) leave to extend the time within which you may give notice of appeal or of application for leave to appeal;

(d) admission to bail;

(e) leave to withdraw abandonment of appeal, and has finally determined the same and has this day given judgment to the effect following—

………………………………………………………………………………………………………………………………………………….

DATED this ……………………………. day of …………………………………………………………………….. 20 …………

……………………………………………………….

Registrar of the Court

FORM 35

In the Supreme Court of Nigeria

NOTICE OF ORIGINATING MOTION

(Order 3, rule 8)

Appeal No. ……………………….

Between ……………………………………………………………………………………………………………………….. Plaintiff

and

…………………………………………………………………………………………………………………………………. Defendant

TAKE NOTICE that the Supreme Court of Nigeria will be moved on …………………………………………………..

day of …………………………………………………….. 20 ……….. for the following relief namely—

………………………………………………………………………………………………………………………………………………….

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 206

FORM 35—continued

And further take notice that the grounds of this application are ………………………………………………………….

………………………………………………………………………………………………………………………………………………….

DATED this ……………………………. day of …………………………………………………………………….. 20 …………

………………………………………………………………

Plaintiff/Applicant or his legal

practitioner

whose address far service is

………………………………………………………………

To:

The Registrar

Supreme Court of Nigeria

And*

………………………………………………………

*Insert name of Respondent.

FORM 36

In the Supreme Court of Nigeria

NOTICE TO AUTHORITIES OF RESULTS OF APPLICATION

(Order 9, rule 12 (2))

The State v …………………………………………………………………………………………………………………………………

To the Director of Public Prosecutions of ……………………………………………………………………………………….

………………………………………………………………………………………………………………………………………………….

To …………………………………………………………………………………………………………………………………………….

This is to give you notice that the above-mentioned, having applied for—

(a) leave to appeal to the said Court;

(b) leave to extend the time within which he may give notice of appeal or of an application for leave to

appeal;

(d) admissions to bail;

(e) leave to withdraw abandonment of appeal;

the Court has this day finally determined his said applications(s) and has given judgment to the effect following +—

…………………………………………………………………………………………………………………………………………………..

DATED this ……………………………. day of …………………………………………………………………….. 20 …………

……………………………………………………….

Registrar of the Court

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

C12 – 207 [Issue 1]

FORM 36—continued

*Send copies addressed to:

(a) The Director of Public Prosecutions or other respondent;

(b) The Prison Authority;

+Here set out the decision of the Court.

FORM 37

In the Supreme Court of Nigeria

NOTICE TO AUTHORITIES OF RESULTS OF APPEAL

(Order 9, rule 13 (1))

The State v …………………………………………………………………………………………………………………………………

To the Registrar of the Court of Appeal …………………………………………………………………………………………

To …………………………………………………………………………………………………………………………………………….

This is to give you notice that the above-named having appealed against his conviction of the offence of

…………………………………………………………………………… before the …………………………………………………….

Court, and or the sentence of ………………………………………………………………………………. passed upon him

for the offence of ……………………………………………………….. by the ……………………………………………………

Court, the Court has finally determined the said appeal, and has this day given judgment therein to the effect following +—

DATED this …………………………….. day of …………………………………………………………………….. 20 …………

Signed …………………………………………….

Registrar of the Court

*Send Copies addressed to:

(a) The Permanent Secretary of the appropriate Ministry (if a capital case).

(b) The appropriate Director of Public Prosecutions or other respondent.

+Here set out the decision of the Court.

SECOND SCHEDULE

Fees in civil matters

(Order 2, rule 13)

Original jurisdiction ₦ k

(i) In proceeding, between the Federation and a State or between States .. No fees

charged

CAP. C12

Constitution of the Federal Republic of Nigeria: Supreme Court Rules

[Issue 1] C12 – 208

SECOND SCHEDULE—continued

₦ k

(ii) In all other proceedings for the exercise by the Court of its original

jurisdiction—

On application under Order 2, rule 2 for the recovery of a specified sum—

(a) not exceeding ₦2,000 ………………………………………………………………… 100.00

(b) exceeding ₦2,000 per ₦1,000 or part thereof ……………………………….. 50.00

For an account to be taken and payment of the sum found due ………………… 500.00

For possession of property as for the sum claimed in lieu of the property ….. 500.00

Any other relief or assistance not specially provided for ………………………….. 500.00

On the filing of any other document with the registrar …………………………….. 200.00

On the appointment and swearing of appraisers ……………………………………… 100.00

On the delivery of goods to a purchaser ………………………………………………… 200.00

On the sale of goods—

For every ₦2,000 or fraction of ₦2,000 of the price ………………………………. 100.00

For attending the removal of goods ………………………………………………………. 200.00

And if the removal occupies more than one day for each additional day, a

further fee of …………………………………………………………………………………….. 200.00

Appellate Jurisdiction

On filing Notice of Appeal against a final judgment or decision ………………. 500.00

On filing Notice of Appeal against an interlocutory order or decision ……….. 500.00

On filing motion for leave to appeal …………………………………………………….. 500.00

On filing Notice of Appeal where leave granted …………………………………….. 200.00

On filing motion for extension of time—

if the time has not yet expired ………………………………………………………… 200.00

if the time has already expired ……………………………………………………….. 300.00

On filing any motion not otherwise provided for ……………………………………. 200.00

On filing motion for stay of execution (if application is made by separate motion) …………………………………………………………………………………………….. 200.00

On filing amended or additional grounds of appeal—

if filed at least three weeks before the date fixed for the commencement of the sitting for which the appeal is set down ………………………….. 200.00

if filed less than three weeks but at least two clear days before such date 300.00

if filed later, but before the hearing of the appeal ……………………………… 500.00

On amending or adding to grounds of appeal by leave or direction of the Court at the hearing ……………………………………………………………………………. 500.00

On filing of brief by either the appellant or the respondent ………………………. 300.00

For any addition to any brief already filed …………………………………………….. 200.00

For failure to file brief within the prescribed period, for each additional day thereof ……………………………………………………………………………………………… 15.00

Hearing fee payable in advance ……………………………………………………………. 300.00

On filing motion to restore appeal dismissed under Order 8, rule 8 …………… 500.00

On application for warrant to detain a ship ……………………………………………. 500.00

SECOND SCHEDULE—continued

₦ k

On filing motion to set aside Taxing Officer’s decision or order ………………. 200.00

On every certificate of the order of the Supreme Court (made on the final determination of appeals under Order 8, rule 18) ……………………………………. 200.00

General
For swearing an affidavit or making a declaration, per deponent ………… 10.00

For marking any paper annexed to an affidavit or declaration …………….. 10.00

On filing an affidavit ……………………………………………………………………. 20.00

On filing a security bond ………………………………………………………………. 50.00

On filing any other document or exhibit ………………………………………….. 20.00

On justification of sureties: for each surety ……………………………………… 20.00

For the drawing up of any order or judgment …………………………………… 200.00

For every subpoena ………………………………………………………………………. 20.00

On warrant for prisoner to give evidence …………………………………………. 100.00

On inspection of any document or judgment ……………………………………. 20.00

For searching the archives: for each period of six months or part thereof ……………………………………………………………………………………….. 100.00

For preparing a copy where authorised: per folio of 72 words ……………. 10.00

For lodging a bill of costs for taxation including taxation for the first twenty folios ……………………………………………………………………………….. 300.00

For every ten folios or part thereof after the first twenty ……………………. 120.00

The fee for the service of any document or process shall be that charged for such service by the High Court having jurisdiction in the place where service is to be effected.
The allowances payable to witnesses shall be those payable to witnesses in the High Court having jurisdiction in the place where the evidence of such witnesses is taken.
The fee for the services of a special interpreter of a language not in common use shall be that charged for such services by the High Court having jurisdiction in the place where such services are rendered.
The following fees in connection with appeals are assessable in accordance with the rules in force in the court below, and are not prescribed by these Rules—

(a) fees for any application made to and determinable by the court below;

(b) fees for the settling and preparation of the record of appeal, for the lodging of a bond to secure the costs of an appeal, and for the Registrar’s certificate that the conditions of appeal have been fulfilled.

ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED)

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