Constitution of
the Federal Republic of Nigeria 1999
Chapter I
General Provisions
Part I
Federal Republic of Nigeria
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.
