This eBook will be available in November 2011. If you would want us to inform you of the availability of this and other eBooks when published, please click here to send us your email address through our online Contact Form.
NOTE:
Our forthcoming eBook titled Constitution of the Federal Republic of Nigeria 1999: Introductory Comments and Full Text is already advertised by major online book stores worldwide including Fishpond.com.au Limited (Australasia’s Biggest online Store), Loot Online (Pty) Ltd(South African leading online store), and The Book Depository (United Kingdom's largest dedicated online bookseller).
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (PROMULGATION) DECREE 1999
1999 Decree No. 24
[5th May, 1999] Commencement
WHEREAS the Federal Military Government of the Federal Republic of Nigeria in compliance with the Transition to Civil Rule (Political Programme) Decree 1998 has, through the Independent National Electoral Commission, conducted elections to the office of President and Vice-
AND WHEREAS the Federal Military Government in furtherance of its commitment to hand over to a democratically elected civilian administration on 29th May 1999 inaugurated on 11th November 1998, the Constitutional Debate Co-
AND WHEREAS the Constitutional Debate Co-
AND WHEREAS the Constitutional Debate Co-
AND WHEREAS the Provisional Ruling Council has approved the report subject to such amendments as are deemed necessary in the public interest and for the purpose of promoting the security, welfare and good governance and fostering the unity and progress of the people of Nigeria with a view to achieving its objective of handing over an enduring Constitution to the people of Nigeria;
AND WHEREAS, it is necessary in accordance with the programme on transition to civil rule for the Constitution of the federal Republic of Nigeria 1979 after necessary amendments and approval by the Provisional Ruling Council to be promulgated into a new Constitution for the Federal Republic of Nigeria in order to give the same force of law with effect from 29th May 1999:
NOW THEREFORE, THE FEDERAL MILITARY GOVERNMENT hereby decrees as follows:-
Promulgation of the Constitution of the Federal Republic of Nigeria 1999. Schedule.
1. (1) There shall be for Nigeria a Constitution which shall be as set out in the Schedule to this Decree.
(2) The Constitution set out in the Schedule to this Decree shall come into force on 29th May 1999.
(3) Whenever it may hereafter be necessary for the Constitution to be printed it shall be lawful for the Federal Government Printer to omit all parts of this Decree apart from the Schedule and the Constitution as so printed shall have the force of law notwithstanding the omission.
Citation
2. This Decree may be cited as the Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1999.
SCHEDULE section 1(1)
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999
ARRANGEMENT OF SECTIONS
Section
CHAPTER I
GENERAL PROVISIONS
Part I – Federal Republic of Nigeria
1. Supremacy of the Constitution.
2. The Federal Republic of Nigeria.
3. States of the Federation and the Federal Capital Territory, Abuja.
Part II – Powers of the Federal Republic of Nigeria
4. Legislative powers.
5. Executive powers.
6. Judicial powers.
7. Local government system.
8. New States and boundary adjustment, etc.
9. Mode of altering provisions of the Constitution.
10. Prohibition of State Religion.
11. Public order and public security.
12. Implementation of treaties.
CHAPTER II
FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY
13. Fundamental obligations of the Government.
14. The Government and the people.
15. Political objectives.
16. Economic objectives.
17. Social objectives.
18. Educational objectives.
19. Foreign policy objectives.
20. Environmental objectives.
21. Directive on Nigerian cultures.
22. Obligation of the mass media.
23. National ethics.
24. Duties of the citizen.
CHAPTER III
CITIZENSHIP
25. Citizenship by birth.
26. Citizenship by registration.
27. Citizenship by naturalisation.
28. Dual citizenship.
29. Renunciation of citizenship.
30. Deprivation of citizenship.
31. Persons deemed to be Nigerian citizens.
32. Power to make regulations.
CHAPTER IV
FUNDAMENTAL RIGHTS
33. Right to life.
34. Right to dignity of human person.
35. Right to personal liberty.
36. Right to fair hearing.
37. Right to private and family life.
38. Right to freedom of thought, conscience and religion.
39. Right to freedom of expression and the press.
40. Right to peaceful assembly and association.
41. Right to freedom of movement.
42. Right to freedom from discrimination.
43. Right to acquire and own immovable property anywhere in Nigeria.
44. Compulsory acquisition of property.
45. Restriction on and derogation from fundamental rights.
46. Special jurisdiction of High court and legal aid.
CHAPTER V
THE LEGISLATURE
Part I – National Assembly
A – Composition and staff of National Assembly
47. Establishment of the National Assembly.
48. Composition of the Senate.
49. Composition of the House of Representatives.
50. President of the Senate and Speaker of the House of Representatives.
51. Staff of the National Assembly.
B – Procedure for Summoning and Dissolution of National Assembly
52. Declaration of assets and liabilities; oaths of members.
53. Presiding at sittings of the National Assembly and at joint sittings.
54. Quorum.
55. Languages.
56. Voting.
57. Unqualified person sitting or voting.
58. Mode of exercising federal legislative power: general.
59. Mode of exercising Federal legislative power: money bills.
60. Regulation of procedure.
61. Vacancy or participation of strangers not to invalidate proceedings.
62. Committees.
63. Sittings.
64. Dissolution and issue of proclamations by President.
C – Qualifications for Membership of National Assembly and Right of Attendance
65. Qualifications for election.
66. Disqualifications.
67. Right of attendance of President.
68. Tenure of seat of members.
69. Recall.
70. Remuneration.
D – Elections to National Assembly
71. Senatorial districts and Federal constituencies.
72. Size of Senatorial districts and Federal constituencies.
73. Periodical review of Senatorial districts and Federal constituencies.
74. Time when alteration of Senatorial districts or Federal constituencies takes effect.
75. Ascertainment of population.
76. Time of election to the National Assembly.
7.7. Direct election and franchise.
78. Supervision of election.
79. Power of the National Assembly as to determination of certain questions.
E – Powers and Control over Public Funds
80. Establishment of Consolidated Revenue Fund.
81. Authorisation of expenditure from Consolidated Revenue Fund.
82. Authorisation of expenditure in default of appropriations.
83. Contingencies Fund.
84. Remuneration, etc. of the President and certain other officers.
85. Audit of public accounts.
86. Appointment of Auditor-
87. Tenure of office of Auditor-
88. Power to conduct investigations.
89. Power as to matters of evidence.
Part II – House of Assembly of a State
A – Composition and Staff of House of Assembly
90. Establishment of House of Assembly for each State.
91. Composition of the House of Assembly.
92. Speaker of House of Assembly.
93. Staff of House of Assembly.
B – Procedure for Summoning and Dissolution of House of Assembly
94. Declaration of assets and liabilities; oaths of members.
95. Presiding at sittings.
96. Quorum.
97. Languages.
98. Voting.
99. Unqualified person sitting or voting.
100. Mode of exercising legislative power of a State.
101. Regulation of procedure.
102. Vacancy or participation of strangers not to invalidate proceedings.
103. Committees.
104. Sittings.
105. Dissolution and issue of proclamation by Governor.
C – Qualification for Membership of House of Assembly and Right of Attendance
106. Qualifications for election.
107. Disqualifications.
108. Right of attendance of Governor.
109. Tenure of seat of members.
110. Recall.
111. Remuneration.
D – Elections to a House of Assembly
112. State constituencies.
113. Size of State constituencies.
114. Periodical review of State constituencies.
115. Time when alteration of State constituencies takes effect.
116. Time of elections to Houses of Assembly.
117. Direct election and franchise.
118. Supervision of election.
119. Power of National Assembly as to determination of certain questions.
E – Power and Control over Public funds
120. Establishment of Consolidated Revenue Fund.
121. Authorisation of expenditure from Consolidated Revenue Fund.
122. Authorisation of expenditure in default of appropriations.
123. Contingencies Fund.
124. Remuneration, etc., of the Governor and certain other officers.
125. Audit of public accounts.
126. Appointment of Auditor-
127. Tenure of office of Auditor-
128. Power to conduct investigations.
129. Power as to matters of evidence.
CHAPTER VI
THE EXECUTIVE
Part I – Federal Executive
A – The President of the Federation
130. Establishment of the office of President.
131. Qualification for election as President.
132. Election of the President: general.
133. Election: single Presidential candidate.
134. Election: two or more Presidential candidates.
135. Tenure of office of President.
136. Death, etc. of President-
137. Disqualifications.
138. President: disqualification from other jobs.
139. Determination of certain questions relating to election.
140. Declaration of assets and liabilities; oaths of President.
141. Establishment of office of Vice-
142. Nomination and election of Vice-
143. Removal of President from office.
144. Permanent incapacity of President or Vice-
145. Acting President during temporary absence of President.
146. Discharge of functions of President.
147. Ministers of Federal Government.
148. Executive responsibilities of Ministers.
149. Declaration of assets and liabilities; oaths of Ministers.
150. Attorney-
151. Special Advisers.
152. Declaration of assets and liabilities; oath of Special Adviser.
B – Establishment of Certain Federal Executive Bodies
153. Federal Commissions and Councils, etc.
154. Appointment of Chairman and members.
155. Tenure of office of members.
156. Qualification for membership.
157. Removal of members.
158. Independence of certain bodies.
159. Quorum and decisions.
160. Powers and procedure.
161. Interpretation.
C – Public Revenue
162. Distributable pool account.
163. Allocation of other revenue.
164. Federal grants-
165. Cost of collection of certain duties.
166. Set-
167. Sums charged on Consolidated Revenue Fund.
168. Provisions with regard to payments.
D – The Public Service of the Federation
169. Establishment of civil service of the Federation.
170. Federal Civil Service Commission: power to delegate functions.
171. Presidential appointments.
172. Code of Conduct.
173. Protection of pension rights.
174. Public prosecutions.
175. Prerogative of mercy.
Part II – State Executive
A – The Governor of a State
176. Establishment of the office of Governor.
177. Qualification for election as Governor.
178. Election of Governor: general.
179. Election: single candidate and two or more candidates.
180. Tenure of office of Governor.
181. Death, etc, of Governor-
182. Disqualifications.
183. Governor; disqualification from other jobs.
184. Determination of certain questions relating to elections.
185. Declaration of assets and liabilities; oaths of office of Governor.
186. Establishment of the office of Deputy Governor.
187. Nomination and election of Deputy Governor.
188. Removal of Governor or Deputy Governor from office.
189. Permanent incapacity of Governor or Deputy Governor.
190. Acting Governor during temporary absence of Governor.
191. Discharge of functions of Governor.
192. Commissioners of State Government.
193. Executive responsibilities of Deputy Governor and Commissioners.
194. Declaration of assets and liabilities; oaths of Commissioners.
195. Attorney-
196. Special Advisers.
B – Establishment of Certain State Executive Bodies
197. State Commissions.
198. Appointment of Chairman and members.
199. Tenure of office of members.
200. Qualification for membership.
201. Removal of members.
202. Independence of certain bodies.
203. Quorum and decisions.
204. Powers and procedure.
205. Interpretation.
C – The Public Service of a State
206. Establishment of State civil service.
207. State Civil Service Commission: power of delegation.
208. Appointments by Governor.
209. Code of Conduct.
210. Protection of pension rights.
211. Public prosecutions.
212. Prerogative of mercy.
Part III – Supplemental
A – National Population Census
213. National population census.
B – Nigeria Police Force
214. Establishment of Nigeria Police Force.
215. Appointment of Inspector-
216. Delegation of powers to the Inspector-
C – Armed Forces of the Federation
217. Establishment and composition of the armed forces of the Federation.
218. Command and operational use.
219. Establishment of body to ensure federal character of armed forces.
220. Compulsory military service.
D – Political Parties
221. Prohibition of political activities by certain associations.
222. Restriction on formation of political parties.
223. Constitution and rules of political parties.
224. Aims and objects.
225. Finances of political parties.
226. Annual report on finances.
227. Prohibition of quasi-
228. Powers of the National Assembly with respect to political parties.
229. Interpretation.
CHAPTER VII
THE JUDICATURE
Part I – Federal Courts
A – The Supreme Court of Nigeria
230. Establishment of the Supreme Court of Nigeria.
231. Appointment of Chief Justice of Nigeria and Justices of the Supreme Court.
232. Original jurisdiction.
233. Appellate jurisdiction.
234. Constitution.
235. Finality of determinations.
236. Practice and procedure.
B – The Court of Appeal
237. Establishment of Court of Appeal.
238. Appointment of President and Justices of the Court of Appeal.
239. Original jurisdiction.
240. Appellate jurisdiction.
241. Appeals as of right from the Federal High Court or a High Court.
242. Appeals with leave.
243. Exercise of right of appeal from the Federal High Court or a High Court in civil and criminal matters.
244. Appeals from Sharia Court of Appeal.
245. Appeals from Customary Court of Appeal.
246. Appeals from Code of Conduct Tribunal and other courts and tribunals
247. Constitution.
248. Practice and procedure.
C – The Federal High Court
249. Establishment of the Federal High Court.
250. Appointment of Chief Judge and Judges of the Federal High Court.
251. Jurisdiction.
252. Powers.
253. Constitution.
254. Practice and procedure.
D – The High Court of the Federal Capital Territory, Abuja
255. Establishment of the High Court of the Federal Capital Territory, Abuja.
256. Appointment of Chief Judge and Judges of High Court of the Federal Capital Territory, Abuja.
257. Jurisdiction.
258. Constitution.
259. Practice and procedure.
E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja
260. Establishment of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.
261. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory. Abuja.
262. Jurisdiction.
263. Constitution.
264. Practice and procedure.
F – The Customary Court of Appeal of the Federal Capital Territory, Abuja.
265. Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja.
266. Appointment of President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja.
267. Jurisdiction.
268. Constitution.
269. Practice and procedure
Part II – State Courts
A – High Court of a State
270. Establishment of a High Court for each State.
271. Appointment of Chief Judge and Judges of the High Court of a State.
272. Jurisdiction: general.
273. Constitution.
274. Practice and procedure.
B – Sharia Court of Appeal of a State
275. Establishment of Sharia Court of Appeal.
276. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State.
277. Jurisdiction.
278. Constitution.
279. Practice and procedure.
C – Customary Court of Appeal of a State
280. Establishment of Customary Court of Appeal.
281. Appointment of President and Judges of the Customary Court of Appeal of a State.
282. Jurisdiction.
283. Constitution.
284. Practice and procedure.
Part III – Election Tribunals
285. Establishment and Jurisdiction of election tribunals.
Part IV – Supplemental
286. Jurisdiction of State courts in respect of Federal causes.
287. Enforcement of decisions.
288. Appointment of persons learned in Islamic personal law and Customary law.
289. Disqualification of certain legal practitioners.
290. Declaration of assets and liabilities: oaths of judicial officers.
291. Tenure of office and pension rights of judicial officers.
292. Removal of other judicial officers from office.
293. Vacancies.
294. Determination of causes and matters.
295. Reference of questions of law.
296. Interpretation.
CHAPTER VIII
FEDERAL CAPITAL TERRITORY, ABUJA AND GENERAL SUPPLEMENTARY PROVISIONS
Part I – Federal Capital Territory, Abuja
297. Federal Capital Territory. Abuja: ownership of lands.
298. Capital of the Federation.
299. Application of Constitution.
300. Representation, in the-
301. Adaptation of certain references.
302. Minister of Federal Capital Territory. Abuja.
303. Administration of the Federal Capital Territory. Abuja.
304. Establishment of the Judicial Service Committee of the Federal Capital Territory, Abuja.
Part II – Miscellaneous Provisions
305. Procedure for proclamation of state of emergency.
306. Resignations.
307. Restriction certain citizens.
308. Restriction on legal proceedings.
Part III – Transitional Provisions and Savings
309. Citizenship.
310. Staff of legislative houses.
311. Standing Orders.
312. Special provisions in respect of first election.
313. System of revenue allocation.
314. Debts.
315. Existing law.
316. Existing offices, courts and authorities.
317. Succession to property, rights, liabilities and obligations.
Part IV – Interpretation, Citation and Commencement
318. Interpretation.
319. Citation.
320. Commencement.
SCHEDULES
First Schedule:
Part I – States of the Federation
Part II – Definition and Area Councils of Federal Capital Territory, Abuja
Second Schedule:
Part I – Exclusive Legislative List
Part II – Concurrent Legislative List
Part III – Supplemental and Interpretation
Third Schedule:
Part I – Federal Executive Bodies
Part II – State 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: Election Tribunals
Seventh Schedule: Oaths
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999
WE THE PEOPLE of the Federal Republic of Nigeria:
HAVING firmly and solemnly resolved:
TO LIVE in unity and harmony as one indivisible and indissoluble Sovereign Nation under God dedicated to the promotion of inter-
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:
CHAPTER I
GENERAL PROVISIONS
PART I
Federal Republic of Nigeria
Supremacy of the Constitution
1. (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 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.
The Federal Republic of Nigeria
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.
States of the Federation and the Federal Capital Territory, Abuja
3. (1) There shall be thirty-
Part I First Schedule
(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.
Part I First 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.
Part II First Schedule
(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 out thereunder.
Part I and II First Schedule
(6) There shall be seven hundred and sixty-
.....................................
NOTE: This Constitution has 320 Sections, all which shall be published in our forthcoming eBook.
....................................................................
Nigerian eBooks Links:Nigerian Law Resources (http://nigerianlawresources.com), Law eBooks (http://lawebooks.info), Professional eBook Publishers (http://professionalebookpublishers.com), Nigerian Constitution (http://nigerianconstitution.info)
No comments:
Post a Comment
Note: only a member of this blog may post a comment.