Oath
of Office of Vice-President, Deputy
Governor, Minister, Commissioner or
Special Adviser
Oath
of a Member of the National Assembly or of
a House of Assembly
Judicial
Oath
Constitution
of the Federal Republic of Nigeria
1999
We
the people of the Federal Republic of
Nigeria
Having
firmly and solemnly resolve, to live in
unity and harmony as one indivisible and
indissoluble sovereign nation under God,
dedicated to the promotion of
inter-African solidarity, world peace,
international co-operation and
understanding
And
to provide for a Constitution for the
purpose of promoting the good government
and welfare of all persons in our country,
on the principles of freedom, equality and
justice, and for the purpose of
consolidating the unity of our people
Do
hereby make, enact and give to ourselves
the following Constitution:-
1.
(1)
This Constitution is supreme and its
provisions shall have binding force on
the authorities and persons throughout
the Federal Republic of Nigeria.
(2)
The Federal Republic of Nigeria
shall not be governed, nor shall any
persons or group of persons 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.
2.
(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 States and a Federal
Capital Territory.
3.
(1)
There shall be 36 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, Yobe 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 Governor 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 Scheduled 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 out
thereunder.
(6)
There shall be 768 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.
4.
(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
this 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 this
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.
5.
(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 officers 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
(c)
endanger the continuance of a
Federal Government in Nigeria.
(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 14 days.
6.
(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 (1) 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 a 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;
(c)
the Federal High Court;
(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 of 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 court as may be
authorised by law to exercise
jurisdiction at first instance
or on 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 persons, or between
government or authority and to
any persons 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 of
omission by any authority or
person or as to whether any law
or any judicial decision is in
conformity with the Fundamental
Objectives and Directive
Principles of State Policy set
out in Chapter II of this
Constitution;
(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.
7.
(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 State
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 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 council 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.
8.
(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-thirds 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-thirds 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 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 State 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
9.
(1)
The National Assembly may, subject to
the provision of this section, alter
any of the provisions of this
Constitution.
(2)
An Act of the National Assembly for
the altertion 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 members of that House and
approved by resolution of the Houses
of Assembly of not less than
two-thirds 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 House of Assembly of not less
than two-third of all States.
(4)
For the purposes of section 8 of
this Constitution and of subsections
(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 the number of members
specified in sections 48 and 49 of
this Constitution.
10.
The Government of the Federation or of
a State shall not adopt any religion
as State Religion.
11.
(1) The
National Assembly may make laws for
the Federation or any part therefore
with respect to the maintenance and
securing of public safety and public
order and providing, maintaining and
securing of such supplies and service
as may be designed 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
matter 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 therefore
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 in 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.
(5)
For the purposes of subsection (4)
of this section, a House of Assembly
shall not be deemed to be unable to
perform its functions so long as the
House of Assembly can hold a meeting
and transact business.
12.
(1)
No treaty between the Federation and
any other country shall have the force
of law 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 he 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 House of
Assembly in the Federation.
13.
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.
14.
(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
State or from a few ethnic or other
sectional groups 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 people of the
Federation.
15.
(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
throughtout 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 associations that
cut across ethnic, linguistic,
religious and 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.
16.
(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, a
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 major 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 "major
sectors of the economy"
shall be construed as a
reference to such economic
activities as may, from time to
time, be declared by a
resolution 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
weather or of goods and
services; and
(c)
"participate" includes
the rendering of services and
supplying of goods.
17.
(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;
(c)
governmental actions shall be
humane;
(d)
exploitation of human or natural
resources in any form whatsoever
for reasons, other than the good
of the community, shall be
prevented; 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;
(c)
the health, safety and welfare
of all persons in employment are
safeguarded and not endangered
or abused;
(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
age 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.
18.
(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;
(c)
free university education; and
(d)
free adult literacy programme.
19.
The foreign policy objectives shall be
-
(a)
promotion and protection of the
national interest;
(b)
promotion of African integration
and support for African 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
manifestations;
(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.
20.
The State shall protect and improve
the environment and safeguard the
water, air and land, forest and wild
life of Nigeria.
21.
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.
22.
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.
23.
The national ethics shall be
Discipline, Integrity, Dignity of
Labour, Social, Justice, Religious
Tolerance, Self-reliance and
Patriotism.
24.
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.
25.
(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
(c)
every person born outside
Nigeria either of whose parents
is a citizen of Nigeria.
(2)
In this section, "the date of
independence" means the 1st day
of October 1960.
26.
(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
(c)
he has taken the Oath of
Allegiance prescribed in the
Seventh Schedule to this
Constitution.
(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.
27.
(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 same of
a certificate of naturalisation.
(2)
No person shall be qualified to
apply for the grant of a certificate
or 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;
(c)
he has shown a clear intention
of his desire to be domiciled in
Nigeria;
(d)
he is, in the opinion of the
Governor 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.
28.
(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 five months from the date
of such registration or grant.
29.
(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.
30.
(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
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.
31.
For the purposes of this Chapter, a
parent or 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.
32.
(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 Nigerian citizenship.
(2)
Any regulations made by the
president pursuant to the provisions
of this section shall be laid before
the National Assembly.
33.
(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
arrest or to prevent the escape
of a person lawfully detained;
or
(c)
for the purpose of suppressing a
riot, insurrection or mutiny.
34.
(1)
Every individual is entitled to
respect for the dignity of his person,
and accordingly -
(a)
no person shall be subject to
torture or to inhuman or
degrading treatment;
(b)
no person shall he held in
slavery or servitude; and
(c)
no person shall be required to
perform forced of compulsory
labour.
(2)
for the purposes 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 of 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 of
citizens of Nigeria as may be
prescribed by an Act of the
National Assembly.
35.
(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
fulfilment of any obligation
imposed upon him by law;
(c)
for the purpose of bringing him
before a court in execution of
the order of a court or upon
reasonable suspicion of his
having committed a criminal
offence, or to such extent as
may be reasonably necessary to
prevent his committing a
criminal offence;
(d)
in the case of a person who has
not attained the age of 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, persons addicted
to drugs or alcohol or vagrants,
for the purpose of their care or
treatment or the protection of
the community; or
(f)
for the purpose of preventing
the unlawful entry of any person
into Nigeria or 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 of
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 for 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
reasonably 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 kilometres, a period of
one day; and
(b)
in any other case, a period of
two days or such longer period
as in the circumstances 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
subsection, "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.
36.
(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 persons 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 provision 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 legal
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 for 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;
(c)
defend himself in person or by
legal practitioners of his own
choice;
(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 persons authorised by him in
that behalf shall be entitled to
obtain copies of the judgement 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 or 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.
37.
The privacy of citizens, their homes,
correspondence, telephone
conversations and telegraphic
communications is hereby guaranteed
and protected.
38.
(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 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.
39.
(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
station 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.
40.
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.
41.
(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 thereby
or exit therefrom.
(2)
Nothing in subsection (1) of this
section shall invalidate any law
that is reasonably justifiable in a
democratic society-
(a)
imposing restrictions 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.
42.
(1)
A citizen of Nigeria of a particular
community, ethnic group, place of
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 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 or 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 member of the Nigeria
Police Forces or to an office in the
service of a body, corporate
established directly by any law in
force in Nigeria.
43.
Subject to the provisions of this
Constitution, every citizen of Nigeria
shall have the right to acquire and
own immovable property anywhere in
Nigeria.
44.
(1)
No moveable property or any interest
in an immovable property shall be
taken possession of compulsorily and
no right over or interest in any such
property shall be acquired
compulsorily in any part of Nigeria
except in the manner and for the
purposes prescribed by a law that,
among other things -
(a)
requires the prompt payment of
compensation therefore 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 or enforcement of
any tax, rate or duty;
(b)
for the imposition of penalties or
forfeiture for 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 or obligations
arising out of contracts.
(d)
relating to the vesting and
administration of property of
persons adjudged or otherwise
declared bankrupt or insolvent, of
persons of unsound mind or deceased
persons, and of corporate or
unincorporate bodies in the course
of being wound-up;
(e)
relating to the execution of
judgements 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 or 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.
45.
(1)
Nothing in sections 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 or 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.
46.
(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 this section and may
make such orders, issue such writs and
give such directions as it may
consider appropriate for the purpose
of enforcement or securing the
enforcing 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 enabling 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.
47.
There shall be a National Assembly for
the Federation which shall consist of
a Senate and a House of
Representatives.
48.
The Senate shall consist of three
Senators from each State and one from
the Federal Capital Territory, Abuja.
49.
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.
50.
(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.
51.
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 tab
B -
Procedure for Summoning and
Dissolution of National Assembly
52.
(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 the Oath of Allegiance and
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
Representative s 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.
53.
(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 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 of the joint
sitting, as the case may be, as the
Senate or the House of
Representatives or the joint sitting
may elect for that purpose shall
preside.
54.
(1)
The quorum of the Senate or of the
House of Representatives shall be
one-third of all the members on of the
Legislative House concerned.
(2)
The quorum of a joint sitting of
both the Senate or of 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 or 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 a member of
either Houses are references to both
Houses and to any member of the
National Assembly, respectively.
55.
The business of the National Assembly
shall be conducted in English, and in
Hausa, Ibo and Yoruba when adequate
arrangements have been made therefor.
56.
(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 or the members
present and voting; and the person
presiding shall cast a vote whenever
necessary y 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)
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.
57.
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.
58.
(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 this
section and 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 other 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-thirds
majority, the bill shall become law
and the assent of the President
shall not be required.
59.
(1)
The provisions of this section shall
apply to:
(a)
an appropriation bill or a
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, issue or withdrawal;
and
(b)
a bill for the imposition of or
increase in any tax, duty or fee
or any reduction, withdrawal or
cancellation 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 differences
between the two Houses.
(3)
Where the joint finance committee
fails to resolve such differences,
then 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.
60.
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.
61.
The Senate or the House of
Representatives may act
notwithstanding any vacancy in its
membership, and the presence or
participation of any person not
entitled to be present at or to
participate in the proceedings of the
House shall not invalidate those
proceedings.
62.
(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
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
the committee may be authorised to
make recommendations to the House on
any such matter.
63.
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.
64.
(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.
(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
65.
(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 35 years; and
(b)
the House of Representatives, if
he is a citizen of Nigeria and
has attained the age of 30
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.
66.
(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
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 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 10
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 30 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
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 Governments
respectively; or.
(i)
he has presented a forged
certificate to the Independence
National Electoral Commission.
(2)
Where in respect of any person who
has been-
(a)
adjudged to be a lunatic;
(b)
declared to be of unsound mind;
(c)
sentenced to death or
imprisonment; or
(d)
adjudged or declared bankrupt,
any
appeal against the decision is
pending in any court of law in
accordance with any law in force
in Nigeria, subsection (1) of
the 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 "appeal"
includes any application for an
injunction or an order certiorari,
mandamus, prohibition or habeas
corpus, or any appeal from any such
application.
67.
(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 attend either
House of the National Assembly if
invited to express to the House the
conduct of his Ministry, and in
particular when the affairs of that
