130. (1)
There shall be for the Federation a President.
(2)
The President shall
be the Head of State, the Chief Executive of the Federation and
Commander-in-Chief of the Armed Forces of the Federation.
131. A person shall be qualified for election
to the office of the President if -
(a)
he is a citizen
of Nigeria by birth;
(b)
he has attained
the age of forty years;
(c)
he is a member
of a political party and is sponsored by that political
party; and
(d)
he has been
educated up to at least School Certificate level or its
equivalent.
132.
(1)
An election to the office of President shall be held on a date to
be appointed by the Independent National Electoral Commission.
(2)
An election to the
said office shall be held on a date not earlier than sixty days
and not later than thirty days before the expiration of the term
of office of the last holder of that office.
(3)
Where in an
election to the office of President one of the two or more
candidates nominated for the election is the only candidate
after the close of nomination, by reason of the
disqualification, withdrawal, incapacitation, disappearance or
death of the other candidates, the Independent National
Electoral Commission shall extend the time for nomination.
(4)
For the purpose of
an election to the office of President, the whole of the
Federation shall be regarded as one constituency.
(5)
Every person who is
registered to vote at an election of a member of a legislative
house shall be entitled to vote at an election to the office of
President.
133. A candidate for an election to the office
of President shall be deemed to have been duly elected to such
office where, being the only candidate nominated for the election
-
(a)
he has a
majority of YES votes over NO votes cast at the election;
and
(b)
he has not less
than one-quarter of the votes cast at the election in each
of at least two-thirds of all the States in the Federation
and the Federal Capital Territory, Abuja
134.
(1)
A candidate for an election to the office of
President shall be deemed to have be been duly elected, where,
there being only two candidates for the election -
(a)
he has the
majority of votes cast at the election; and
(b)
he has not less
than one-quarter of the votes cast at the election in each
of at least two-thirds of all the States in the Federation
and the Federal Capital Territory, Abuja.
(2)
A candidate for an
election to the office of President shall be deemed to have been
duly elected where, there being more than two candidates for the
election-
(a)
he has the
highest number of votes cast at the election;
and
(b)
he has not less
than one-quarter of the votes cast at the election each of
at least two-thirds of all the States in the Federation and
the Federal Capital Territory, Abuja.
(3)
In a default of a
candidate duly elected in accordance with subsection (2) of this
section their shall be a second election in accordance with
subsection (4) of this section at which the only candidate shall
be -
(a)
the candidate
who scored the highest number of votes at any election held
in accordance with the said subsection (2) of this section;
and
(b)
one among the
remaining candidates who has a majority of votes in the
highest number of States, so however that where there are
more than one candidate with majority of votes in the
highest number of States, the candidate among them with the
highest total of votes cast at the election shall be the
second candidate for the election.
(4)
In default of a
candidate duly elected under the foregoing subsections, the
Independent National Electoral Commission shall within seven
days of the result of the election held under the said
subsections, arrange for an election between the two candidates
and a candidate at such election shall be deemed elected to the
office of President if -
(a)
he has a
majority of votes cast at the election; and
(b)
he has not less
than one-quarter of the votes cast at the election in each
of at least two-thirds of all the States in the Federation
and the Federal Capital Territory, Abuja
(5)
In default of a
candidate duly elected under subsection (4) of this section, the
Independent National Electoral Commission shall, within seven
days of the result of the election held under the aforesaid
subsection (4), arrange for another election between the two
candidates to which the subsection relates and a candidate at
such election shall be deemed to have been duly elected to the
office of President, if he has a majority of the votes cast at
the election.
135. (1)
Subject to the provisions of this Constitution, a person shall
hold the office of President until -
(a)
when his
successor in office takes the oath of that office;
(b)
he dies whilst
holding such office; or
(c)
the date when
his resignation from office takes effect;
or
(d)
he otherwise
ceases to hold office in accordance with the provisions of
this Constitution.
(2)
Subject to the
provisions of subsection (1) of this section, the President
shall vacate his office at the expiration of a period of four
years commencing from the date, when -
(a)
in the case of
a person first elected as President under this Constitution,
he took the Oath of Allegiance and the oath of office; and
(b)
in any other
case, the person last elected to that office under this
Constitution took the Oath of Allegiance and oath of office
or would, but for his death, have taken such Oaths.
(3)
If the Federation
is at war in which the territory of Nigeria is physically
involved and the President considers that it is not practicable
to hold elections, the National Assembly may by resolution
extend the period of four years mentioned in subsection (2) of
this section from time to time; but no such extension shall
exceed a period of six months at any one time.
136.
(1)
If a person duly elected as President dies before taking and
subscribing the Oath of Allegiance and oath of office, or is for
any reason whatsoever unable to be sworn in, the person elected
with him as Vice-President shall be sworn in as President and he
shall nominate a new Vice-President who shall be appointed by the
President with the approval by a simple majority of the National
Assembly at a joint sitting.
(2)
Where the persons
duly elected as President and Vice President die or are unable
for any reason whatsoever to assume office before the
inauguration of the National Assembly, the Independent National
Electoral Commission shall immediately conduct an election for a
President and the Vice-President.
137.
(1)
A person shall not be qualified for election to the office of
President if -
(a)
subject to the
provisions of section 28 of this Constitution, he has
voluntarily acquired the citizenship of a country other than
Nigeria or, except in such cases as may be prescribed by the
National Assembly, he has made a declaration of allegiance
to such other country; or
(b)
he has been
elected to such office at any two previous elections; or
(c)
under the law
in any part of Nigeria, he is adjudged to be a lunatic or
otherwise declared to be of unsound mind;
or
(d)
he is under a
sentence of death imposed by any competent court of law or
tribunal in Nigeria or a sentence of imprisonment or fine
for any offence involving dishonesty or fraud (by whatever
name called) or for any other offence, imposed on him by any
court or tribunal or substituted by a competent authority
for any other sentence imposed on him by such a court or
tribunal; or
(e)
within a period
of less than ten years before the date of the election to
the office of President he has been convicted and sentenced
for an offence involving dishonesty or he has been found
guilty of the contravention of the Code of Conduct; or
(f)
he is an
undischarged bankrupt, having been adjudged or otherwise
declared bankrupt under any law in force in Nigeria or any
other country; or
(g)
being a person
employed in the civil or public service of the Federation or
of any State, he has not resigned, withdrawn or retired from
the employment at least thirty days before the date of the
election; or
(h)
he is a member
of any secret society; or
(i)
he has been
indicted for embezzlement or fraud by a Judicial Commission
of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a
Tribunals of Inquiry Law or any other law by the Federal or
State Government which indictment has been accepted by the
Federal or State Government, respectively; or
(j)
he has
presented a forged certificate to the Independent National
Electoral Commission.
(2)
Where in respect of
any person who has been -
(a)
adjudged to be
a lunatic;
(b)
declared to be
of unsound mind;
(c)
sentenced to
death or imprisonment; or
(d)
adjudged or
declared bankrupt
(e)
any appeal
against the decision is pending in any court of law in
accordance with any law in force in Nigeria, subsection (1)
of this section shall not apply during a period beginning
from the date when such appeal is lodged and ending on the
date when the appeal is finally determined or, as the case
may be, the appeal lapses or is abandoned, whichever is
earlier.
138. The President shall not, during his tenure
of office, hold any other executive office or paid employment in
any capacity whatsoever.
139. The National Assembly shall by an Act make
provisions as respects -
(a)
persons who may
apply to the Court of Appeal for the determination of any
question as to whether;
(i)
any person
has been validly elected to the office of President or
Vice-President
(ii)
the term of
office of the President or Vice President has cease, or
(iii)
the office
of the President or Vice-President has become vacant
(b)
circumstances
and manner in which, and the conditions upon which such
application may be made; and
(c)
powers,
practice and procedure of the Court of Appeal in relation to
any such application.
140.
(1)
A person elected to the office of President shall not begin to
perform the functions of that office until he has declared his
assets and liabilities as prescribed in this Constitution and he
has taken and subscribed the Oath of Allegiance and the oath of
office prescribed in the Seventh Schedule to this Constitution.
(2)
The oaths aforesaid
shall be administered by the Chief Justice of Nigeria or the
person for the time being appointed to exercise the functions of
that office.
141. There shall be for the Federation a
Vice-President.
142.
(1)
In any election to which the foregoing provisions of this Part of
this Chapter relate, a candidate for an election to the office of
President shall not be deemed to be validly nominated unless he
nominates another candidate as his associate from the same
political party for his running for the office of President, who
is to occupy the office of Vice-President and that candidate shall
be deemed to have been duly elected to the office of
Vice-President if the candidate for an election to the office of
President who nominated him as such associate is duly elected as
President in accordance with the provisions aforesaid.
(2)
The provisions of
this Part of this Chapter relating to qualification for
election, tenure of office, disqualification, declaration of
assets and liabilities and oaths of President shall apply in
relation to the office of Vice-President as if references to
President were references to Vice-President.
143.
(1)
The President or Vice-President may be removed from office in
accordance with the provisions of this section.
(2)
Whenever a notice
of any allegation in writing signed by not less than one-third
of the members of the National Assembly:-
(a)
is presented to
the President of the Senate;
(b)
stating that
the holder of the office of President or Vice-President is
guilty of gross misconduct in the performance of the
functions of his office, detailed particulars of which shall
be specified,
the President of the Senate shall within
seven days of the receipt of the notice cause a copy thereof
to be served on the holder of the office and on each member
of the National Assembly, and shall also cause any statement
made in reply to the allegation by the holder of the office
to be served on each member of the National Assembly.
(3)
Within fourteen
days of the presentation of the notice to the President of the
Senate (whether or not any statement was made by the holder of
the office in reply to the allegation contained in the notice)
each House of the National Assembly shall resolve by motion
without any debate whether or not the allegation shall be
investigated.
(4)
A motion of the
National Assembly that the allegation be investigated shall not
be declared as having been passed, unless it is supported by the
votes of not less than two-thirds majority of all the members of
each House of the National Assembly.
(5)
Within seven days
of the passing of a motion under the foregoing provisions, the
Chief Justice of Nigeria shall at the request of the President
of the Senate appoint a Panel of seven persons who in his
opinion are of unquestionable integrity, not being members of
any public service, legislative house or political party, to
investigate the allegation as provide in this section.
(6)
The holder of an
office whose conduct is being investigated under this section
shall have the right to defend himself in person and be
represented before the Panel by legal practitioners of his own
choice.
(7)
A Panel appointed
under this section shall -
(a)
have such
powers and exercise its functions in accordance with such
procedure as may be prescribed by the National Assembly; and
(b)
within three
months of its appointment report its findings to each House
of the National Assembly.
(8)
Where the Panel
reports to each House of the National Assembly that the
allegation has not been proved, no further proceedings shall be
taken in respect of the matter.
(9)
Where the report of
the Panel is that the allegation against the holder of the
office has been proved, then within fourteen days of the receipt
of the report at the House the National Assembly shall consider
the report, and if by a resolution of each House of the National
Assembly supported by not less than two-thirds majority of all
its members, the report of the Panel is adopted, then the holder
of the office shall stand removed from office as from the date
of the adoption of the report.
(10)
No proceedings or
determination of the Panel or of the National Assembly or any
matter relating thereto shall be entertained or questioned in
any court.
(11)
In this section -
"gross misconduct" means a grave violation or
breach of the provisions of this Constitution or a misconduct of
such nature as amounts in the opinion of the National Assembly
to gross misconduct.
144.
(1)
The President or Vice-President shall cease to hold office, if -
(a)
by a resolution
passed by two-thirds majority of all the members of the
executive council of the Federation it is declared that the
President or Vice-President is incapable of discharging the
functions of his office; and
(b)
the declaration
is verified, after such medical examination as may be
necessary, by a medical panel established under subsection
(4) of this section in its report to the President of the
Senate and the Speaker of the House of Representatives.
(2)
Where the medical
panel certifies in the report that in its opinion the President
or Vice-President is suffering from such infirmity of body or
mind as renders him permanently incapable of discharging the
functions of his office, a notice thereof signed by the
President of the Senate and the Speaker of the House of
Representatives shall be published in the Official Gazette of
the Government of the Federation.
(3)
The President or
Vice-President shall cease to hold office as from the date of
publication of the notice of the medical report pursuant to
subsection (2) of this section.
(4)
the medical panel
to which this section relates shall be appointed by the
President of the Senate, and shall comprise five medical
practitioners in Nigeria:-
(a)
one of whom
shall be the personal physician of the holder of the office
concerned; and
(b)
four other
medical practitioners who have, in the opinion of the
President of the Senate, attained a high degree of eminence
in the field of medicine relative to the nature of the
examination to be conducted in accordance with the foregoing
provisions.
(5)
In this section,
the reference to "executive council of the Federation" is a
reference to the body of Ministers of the Government of the
Federation, howsoever called, established by the President and
charged with such responsibilities for the functions of
government as the President may direct.
145. Whenever the President transmits to the
President of the Senate and the Speaker of the House of
Representatives a written declaration that he is proceeding on
vacation or that he is otherwise unable to discharge the functions
of his office, until he transmits to them a written declaration to
the contrary such functions shall be discharged by the
Vice-President as Acting President.
146.
(1)
The Vice-President shall hold the office of President if the
office of President becomes vacant by reason of death or
resignation, impeachment, permanent incapacity or the removal of
the President from office for any other reason in accordance with
section 143 of this Constitution.
(2)
Where any vacancy
occurs in the circumstances mentioned in subsection (1) of this
section during a period when the office of Vice-President is
also vacant, the President of the Senate shall hold the office
of President for a period of not more than three months, during
which there shall be an election of a new President, who shall
hold office for the unexpired term of office of the last holder
of the office.
(3)
Where the office of
Vice-President becomes vacant:-
(a)
by reason of
death or resignation, impeachment, permanent incapacity or
removal in accordance with section 143 or 144 of this
Constitution;
(b)
by his
assumption of the office of President in accordance with
subsection (1) of this section; or
(c)
for any other
reason,
the President shall nominate and, with
the approval of each House of the National Assembly, appoint
a new Vice-President.
147.
(1)
There shall be such offices of Ministers of the Government of the
Federation as may be established by the President.
(2)
Any appointment to
the office of Minister of the Government of the Federation
shall, if the nomination of any person to such office is
confirmed by the Senate, be made by the President.
(3)
Any appointment
under subsection (2) of this section by the President shall be
in conformity with the provisions of section 14(3) of this
Constitution:-
provided that in giving effect to the
provisions aforesaid the President shall appoint at least one
Minister from each State, who shall be an indigene of such
State.
(4)
Where a member of
the National Assembly or of a House of Assembly is appointed as
Minister of the Government of the Federation, he shall be deemed
to have resigned his membership of the National Assembly or of
the House of Assembly on his taking the oath of office as
Minister.
(5)
No person shall be
appointed as a Minister of the Government of the Federation
unless he is qualified for election as a member of the House of
Representatives.
(6)
An appointment to
any of the offices aforesaid shall be deemed to have been made
where no return has been received from the Senate within
twenty-one working days of the receipt of nomination by the
Senate.
148.
(1)
The President may, in his discretion, assign to the Vice-President
or any Minister of the Government of the Federation responsibility
for any business of the Government of the Federation, including
the administration of any department of government.
(2)
The President shall
hold regular meetings with the Vice-President and all the
Ministers of the Government of the Federation for the purposes
of -
(a)
determining the
general direction of domestic and foreign policies of the
Government of the Federation;
(b)
co-ordinating
the activities of the President, the Vice-President and the
Ministers of the Government of the Federation in the
discharge of their executive responsibilities; and
(c)
advising the
President generally in discharge of his executive functions
other than those functions with respect to which he is
required by this Constitution to seek the advice or act on
the recommendation of any other person or body.
149. A Minister of the Government of the
Federation shall not enter upon the duties of his office, unless
he has declared his assets and liabilities as prescribed in this
Constitution and has subsequently taken and subscribed the Oath of
Allegiance and the oath of office for the due execution of the
duties of his office prescribed in the Seventh Schedule to this
Constitution.
150.
(1)
There shall be an Attorney-General of the Federation who shall be
the Chief Law Officer of the Federation and a Minister of the
Government of the Federation.
(2)
A person shall not
be qualified to hold or perform the functions of the office of
the Attorney-General of the Federation unless he is qualified to
practise as a legal practitioner in Nigeria and has been so
qualified for not less than ten years.
151.
(1)
The President may appoint any person as a Special Adviser to
assist him in the performance of his functions.
(2)
The number of such
Advisers and their remuneration and allowances shall be as
prescribed by law or by resolution of the National Assembly.
(3)
Any appointment made
pursuant to the provisions of this section shall be at the
pleasure of the President and shall cease when the President
ceases to hold office.
152. A person appointed as Special Adviser under section 151 of
this Constitution shall not begin to perform the functions of his
office until he has declared his assets and liabilities as
prescribed in this Constitution and has subsequently taken and
subscribed the Oath of Allegiance and oath of office prescribed in
the Seventh Schedule to this Constitution.
B - Establishment of certain Federal Executive Bodies
153. (1) There shall be
established for the Federation the following bodies, namely:
(a)
Code of Conduct Bureau;
(b)
Council of State;
(c)
Federal Character Commission;
(d)
Federal Civil Service Commission;
(e)
Federal Judicial Service Commission;
(f)
Independent National Electoral Commission;
(g)
National Defence Council;
(h)
National Economic Council;
(i)
National Judicial Council;
(j)
National Population Commission;
(k)
National Security Council;
(l)
Nigeria Police Council;
(m)
Police Service Commission; and
(n)
Revenue Mobilisation Allocation and Fiscal Commission.
(2) The
composition and powers of each body established by subsection
(1) of this section are as contained in Part 1 of the Third
Schedule to this Constitution.
154.
(1) Except in the case of ex
officio members or where other provisions are made in this
Constitution, the Chairman and members of any of the bodies so
established shall, subject to the provisions of this Constitution,
be appointed by the President and the appointment shall be subject
to confirmation by the Senate.
(2) In exercising his powers to
appoint a person as Chairman or member of the Council of State
or the National Defence Council or the National Security
Council, the President shall not be required to obtain the
confirmation of the Senate.
(3)
In exercising his
powers to appoint a person as Chairman or member of the
Independent National Electoral Commission, National Judicial
Council, the Federal Judicial Service Commission or the National
Population Commission, the President shall consult the Council
of State.
155. (1)
A person who is a member of any of the bodies established as
aforesaid shall, subject to the provisions of this Part, remain a
member thereof -
(a)
in the case of
an ex officio member, whilst he holds the office by virtue
of which he is a member of the body;
(b)
in the case of
a person who is a member by virtue of his having previously
held an office, for the duration of his life; and
(c)
in the case of
a person who is a member otherwise than as ex officio member
or otherwise than by virtue of his having previously held an
office, for a period of five years from the date of his
appointment.
(2)
A member of any of
the bodies shall cease to be member if any circumstances arise
that, if he were not a member of the body, would cause him to be
disqualified for appointment as such a member.
156. (1)
No person shall be qualified for appointment as a member of any of
the bodies aforesaid if -
(a)
he is not
qualified or if he is disqualified for election as a member
of the House of Representatives;
(b)
within the
preceding ten years, he has been removed as a member of any
of the bodies or as the holder of any other office on the
ground of misconduct.
(2)
any person employed
in the public service of the Federation shall not be
disqualified for appointment as Chairman or member of any of
such bodies:
Provided that where such person has been duly
appointed he shall, on his appointment, be deemed to have resign
his former office as from the date of the appointment.
(3)
No person shall be
qualified for appointment to any of the bodies aforesaid if,
having previously been appointed as a member otherwise than as
an ex officio member of that body, he has been re-appointed for
a further term as a member of the same body.
157. (1)
Subject to the provisions of subsection (3)
of this section, a person holding any of the offices to which this
section applies may only be removed from that office by the
President acting on an address supported by two-thirds majority of
the Senate praying that he be so removed for inability to
discharge the functions of the office (whether arising from
infirmity of mind or body or any other cause) or for misconduct.
(2)
This section
applies to the offices of the Chairman and members of the Code
of Conduct Bureau, the Federal Civil Service Commission, the
Independent National Electoral Commission, the National Judicial
Council, the Federal Judicial Service Commission, the Federal
Character Commission, the Nigeria Police Council, the National
Population Commission, the Revenue Mobilisation Allocation and
Fiscal Commission and the Police Service Commission.
(3)
All members of the
National Population Commission shall cease to be members if the
President declares a National Census Report as unreliable and
the report is rejected in accordance with section 213 of this
Constitution.
158. (1)
In exercising its power to make appointments or to exercise
disciplinary control over persons, the Code of Conduct Bureau, the
National Judicial Council, the Federal Civil Service Commission,
the Federal Judicial Service Commission, the Revenue Mobilisation
and Fiscal Commission, the Federal Character Commission, and the
Independent National Electoral Commission shall not be subject to
the direction or control of any other authority or person.
(2)
The National
Population Commission shall not be subject to the direction or
control of any other authority or person:-
(a)
in appointing,
training or arranging for the training of enumerators or
other staff of the Commission to assist it in the conduct of
any population census;
(b)
in deciding
whether or not to accept or revise the return of any officer
of the said Commission concerning the population census in
any area or part of the Federation;
(c)
in carrying out
the operation of conducting the census; and
(d)
in compiling
its report of a national census for publication.
159. (1)
The quorum for a meeting of any of the bodies established by
section 153 of this Constitution shall be not less than one-third
of the total number of members of that body at the date of the
meeting.
(2)
A member of such a
body shall be entitled to one vote, and a decision of the
meeting may be taken and any act or thing may be done in the
name of that body by a majority of the members present at the
meeting.
(3)
Whenever such body
is assembled for a meeting, the Chairman or other person
presiding shall, in all matters in which a decision is taken by
vote (by whatever name such vote may be called) have a casting
as well as a deliberative vote.
(4)
Subject to its
rules of procedure, any such body may act or take part in any
decision notwithstanding any vacancy in its membership or the
absence of any member.
160. (1)
Subject to subsection (2) of this section, any of the bodies may,
with the approval of the President, by rules or otherwise regulate
its own procedure or confer powers and impose duties on any
officer or authority for the purpose of discharging its functions.
(2)
In the exercise of
any powers under subsection (1) of this section, any such body
shall not confer powers or impose duties on any officer or
authorities of a State except with the approval of the Governor
of the State.
The President, upon the receipt of advice
from the Revenue Mobilisation Allocation and Fiscal Commission,
shall table before the National Assembly proposals for revenue
allocation from the Federation Account, and in determining the
formula, the National Assembly shall take into account, the
allocation principles especially those of population, equality
of States, internal revenue generation, land mass, terrain as
well as population density.`
161. In this Part of this Chapter, unless the
context otherwise requires -
(a) any reference to "ex officio member"
shall be construed as a reference to a person who is a
member by virtue of his holding or performing, the functions
of an office in the public service of the Federation;
(b) "office" means an office in the
public service of the Federation;
(c) any reference to "member" of a body
established by section 153 of this Constitution shall be
construed as including a reference to the Chairman of that
body; and
(d) "misconduct" means a breach of the Oath of Allegiance or
oath of office of a member or a breach of the provisions of
this Constitution or bribery or corruption or false
declaration of assets and liabilities or conviction for
treason or treasonable felony.
C - Public Revenue
162. (1)
The Federation shall maintain a special account to be called "the
Federation Account" into which shall be paid all revenues
collected by the Government of the Federation, except the proceeds
from the personal income tax of the personnel of the armed forces
of the Federation, the Nigeria Police Force, the Ministry or
department of government charged with responsibility for Foreign
Affairs and the residents of the Federal Capital Territory, Abuja.
(2)
The President, upon
the receipt of advice from the Revenue Mobilisation Allocation
and Fiscal Commission, shall table before the National Assembly
proposals for revenue allocation from the Federation Account,
and in determining the formula, the National Assembly shall take
into account, the allocation principles especially those of
population, equality of States, internal revenue generation,
land mass, terrain as well as population density;
Provided that the principle of derivation
shall be constantly reflected in any approved formula as being
not less than thirteen per cent of the revenue accruing to the
Federation Account directly from any natural resources.
(3)
Any amount standing
to the credit of the Federation Account shall be distributed
among the Federal and State Governments and the Local Government
Councils in each State on such terms and in such manner as may
be prescribed by the National Assembly.
(4)
Any amount standing
to the credit of the States in the Federation Account shall be
distributed among the States on such terms and in such manner as
may be prescribed by the National Assembly.
(5)
The amount standing
to the credit of Local Government Councils in the Federation
Account shall also be allocated to the State for the benefit of
their Local Government Councils on such terms and in such manner
as may be prescribed by the National Assembly.
(6)
Each State shall
maintain a special account to be called "State Joint Local
Government Account" into which shall be paid all allocations to
the Local Government Councils of the State from the Federation
Account and from the Government of the State.
(7)
Each State shall
pay to Local Government Councils in its area of jurisdiction
such proportion of its total revenue on such terms and in such
manner as may be prescribed by the National Assembly.
(8)
The amount standing
to the credit of Local Government Councils of a State shall be
distributed among the Local Government Councils of that State on
such terms and in such manner as may be prescribed by the House
of Assembly of the State.
(9)
Any amount standing
to the credit of the judiciary in the Federation Account shall
be paid directly to the National Judicial Councils for
disbursement to the heads of courts established for the
Federation and the States under section 6 of this Constitution.
(10)
For the purpose of
subsection (1) of this section, "revenue" means any income or
return accruing to or derived by the Government of the
Federation from any source and includes -
(a)
any receipt,
however described, arising from the operation of any law;
(b)
any return,
however described, arising from or in respect of any
property held by the Government of the Federation;
(c)
any return by
way of interest on loans and dividends in respect of shares
or interest held by the Government of the Federation in any
company or statutory body.
163. Where under an Act of the National
Assembly, tax or duty is imposed in respect of any of the matters
specified in item D of Part II of the Second Schedule to this
Constitution, the net proceeds of such tax or duty shall be
distributed among the States on the basis of derivation and
accordingly -
(a)
where such tax
or duty is collected by the Government of a State or other
authority of the State, the net proceeds shall be treated as
part of the Consolidated Revenue Fund of that State;
(b)
where such tax
or duty is collected by the Government of the Federation or
other authority of the Federation, there shall be paid to
each State at such times as the National Assembly may
prescribe a sum equal to the proportion of the net proceeds
of such tax or duty that are derived from that State.
164. (1)
The Federation may make grants to a State to supplement the
revenue of that State in such sum and subject to such terms and
conditions as may be prescribed by the National Assembly.
(2)
The Federation may
make external grants to a foreign State or any international
body in furtherance of the foreign policy objectives of Nigeria
in such sum and subject to such terms and conditions as may be
prescribed by the National Assembly.
165. Each State shall, in respect of each
financial year, pay to the Federation an amount equal to such part
of the expenditure incurred by the Federation during that
financial year for the purpose of collection of taxes or duties
which are wholly or partly payable to the State pursuant to the
provisions of this Part of this Chapter or of any Act of the
National Assembly as is proportionate to the share of the proceeds
of those taxes or duties received by the State in respect of that
financial year.
166. (1)
Any payment that is required by this Part of this Chapter to be
made by the Federation to a State may be set-off by the Federation
in or towards payment of any sum that is due from that State to
the Federation in respect of any loan made by the Federation to
that State.
(2)
The right of
set-off conferred by subsection (1) of this section shall be
without prejudice to any other right of the Federation to obtain
payment of any sum due to the Federation in respect of any loan.
167. Any payment that is required by this Part
of this Chapter to be made by the Federation to a State shall be a
charge upon the Consolidated Revenue Fund of the Federation and
any payment that is so required to be made by a State to the
Federation shall be a charge upon the Consolidated Revenue Fund of
that State.
189. (1)
Where any payment falls to be made under this Part of this
Chapter, the amount payable shall be certified by the
Auditor-General for the Federation;
Provided that a provisional payment may be made
before the Auditor-General has given his certificate.
(2)
The National Assembly may prescribe
the time at and manner in which any payment falling to be made
under this Part of this Chapter shall be effected and provide
for the making of adjustments and provisional payment.
D - The Public Service of the Federation
169. There shall be a civil service of the
Federation.
170. Subject to the provisions of this
Constitution, the Federal Civil Service Commission may, with the
approval of the President and subject to such conditions as it may
deem fit, delegate any of the powers conferred upon it by this
Constitution to any of its members or to any officer in the civil
service of the Federation.
171. (1)
Power to appoint persons to hold or act in the offices to which
this section applies and to remove persons so appointed from any
such office shall vest in the President.
(2)
The offices to
which this section applies are, namely -
(a)
Secretary to
the Government of the Federation;
(b)
Head of the
Civil Service of the Federation;
(c)
Ambassador,
High Commissioner or other Principal Representative of
Nigeria abroad;
(d)
Permanent
Secretary in any Ministry or Head of any Extra-Ministerial
Department of the Government of the Federation howsoever
designated; and
(e)
any office on
the personal staff of the President.
(3)
An appointment to
the office of the Head of the Civil Service of the Federation
shall not be made except from among Permanent Secretaries or
equivalent rank in the civil service of the Federation or of a
State.
(4)
An appointment to
the office of Ambassador, High Commissioner or other Principal
Representative of Nigeria abroad shall not have effect unless
the appointment is confirmed by the Senate.
(5)
In exercising his
powers of appointment under this section, the President shall
have regard to the federal character of Nigeria and the need to
promote national unity.
(6)
Any appointment
made pursuant to paragraphs (a) and (e) of subsection (2) of
this section shall be at the pleasure of the President and shall
cease when the President ceases to hold office;
Provided that where a person has been
appointed from a public service of the Federation or a State, he
shall be entitled to return to the public service of the
Federation or of the State when the President ceases to hold
office.
172. A person in the public service of the
Federation shall observe and conform to the Code of Conduct.
173. (1)
Subject to the provisions of this Constitution, the right of a
person in the public service of the Federation to receive pension
or gratuity shall be regulated by law.
(2)
Any benefit to
which a person is entitled in accordance with or under such law
as is referred to in subsection (1) of this section shall not be
withheld or altered to his disadvantage except to such extent as
is permissible under any law, including the Code of Conduct.
(3)
Pensions shall be
reviewed every five years or together with any Federal civil
service salary reviews, whichever is earlier.
(4)
Pensions in respect
of service in the public service of the Federation shall not be
taxed.
174. (1)
The Attorney-General of the Federation shall have power -
(a)
to institute
and undertake criminal proceedings against any person before
any court of law in Nigeria, other than a court-martial, in
respect of any offence created by or under any Act of the
National Assembly;
(b)
to take over
and continue any such criminal proceedings that may have
been instituted by any other authority or person; and
(c)
to discontinue
at any stage before judgement is delivered any such criminal
proceedings instituted or undertaken by him or any other
authority or person.
(2)
The powers
conferred upon the Attorney-General of the Federation under
subsection (1) of this section may be exercised by him in person
or through officers of his department.
(3)
In exercising his
powers under this section, the Attorney-General of the
Federation shall have regard to the public interest, the
interest of justice and the need to prevent abuse of legal
process.
175. (1)
The President may -
(a)
grant any
person concerned with or convicted of any offence created by
an Act of the National Assembly a pardon, either free or
subject to lawful conditions;
(b)
grant to any
person a respite, either for an indefinite or for a
specified period, of the execution of any punishment imposed
on that person for such an offence;
(c)
substitute a
less severe form of punishment for any punishment imposed on
that person for such an offence; or
(d)
remit the whole
or any part of any punishment imposed on that person for
such an offence or of any penalty or forfeiture otherwise
due to the State on account of such an offence.
(2)
The powers of the
President under subsection (1) of this section shall be
exercised by him after consultation with the Council of State.
(3)
The President,
acting in accordance with the advice of the Council of State,
may exercise his powers under subsection (1) of this section in
relation to persons concerned with offences against the army,
naval or air-force law or convicted or sentenced by a
court-martial.
176. (1)
There shall be for each State of the Federation a Governor.
(2)
The governor of a
shall be the Chief Executive of that state
177. A person shall be qualified for election
to the office of Governor of a State if
(a)
he is a citizen
of Nigeria by birth;
(b)
he has attained
the age of thirty-five years;
(c)
he is a member
of a political party and is sponsored by that political
party; and
(d)
he has been
educated up to at least School Certificate level or its
equivalent.
178. (1)
An election to the office of Governor of a State shall be held on
a date to be appointed by the Independent National Electoral
Commission.
(2)
An election to the
office of Governor of a State shall be held on a date not
earlier than sixty days and not later than thirty days before
the expiration of the term of office of the last holder of that
office.
(3)
Where in an
election to the office of Governor of a State one of the two or
more candidates nominated for the election is the only candidate
after the close of nomination, by reason of the
disqualification, withdrawal, incapacitation, disappearance or
death of the other candidates, the Independent National
Electoral Commission shall extend the time for nomination.
(4)
For the purpose of
an election under this section a State shall be regarded as one
constituency.
(5)
Every person who is
registered to vote at an election of a member of a legislative
house shall be entitled to vote at an election to the office of
Governor of a State.
179. (1)
A candidate for an election to the office of Governor of a State
shall be deemed to have been duly elected to such office where,
being the only candidate nominated for the election-
(a)
he has a
majority of YES votes over NO votes cast at the election;
and
(b)
he has not less
than one-quarter of the votes cast at the election in each
of at least two-thirds of all the local government areas in
the State,
but where the only candidate fails to be
elected in accordance with this subsection, then there shall
be fresh nominations.
(2)
A candidate for an
election to the office of Governor of a State shall be deemed to
have been duly elected where, there being two or more candidates
-
(a)
he has the
highest number of votes cast at the election; and
(b)
he has not less
than one-quarter of all the votes cast in each of at least
two-thirds of all the local government areas in the State.
(3)
In default of a
candidate duly elected in accordance with subsection (2) of this
section there shall be a second election in accordance with
subsection (4) of this section at which the only candidates
shall be -
(a)
the candidate
who secured the highest number of votes cast at the
election; and
(b)
one among the
remaining candidates who secured a majority of votes in the
highest number of local government areas in the State, so
however that where there are more than one candidate with a
majority of votes in the highest number of local government
areas, the candidate among them with the next highest total
of votes cast at the election shall be the second candidate.
(4)
In default of a
candidate duly elected under subsection (2) of this section, the
Independent National Electoral Commission shall within seven
days of the result of the election held under that subsection,
arrange for an election between the two candidates and a
candidate at such election shall be deemed to have been duly
elected to the office of Governor of a State if -
(a)
he has a
majority of the votes cast at the election; and
(b)
he has not less
than one-quarter of the votes cast at the election in each
of at least two-thirds of all the local government areas in
the State.
(5)
In default of a
candidate duly elected under subsection (4) of this section, the
Independent National Electoral Commission shall within seven
days of the result of the election held under that subsection,
arrange for another election between the two candidates to which
that sub-paragraph relates and a candidate at such election
shall be deemed to have been duly elected to the office of
governor of a State if he has a majority of the votes cast at
the election.
180.
(1)
subject to the provisions of this
Constitution, a person shall hold the office of Governor of a
State until -
(a)
When his
successor in office takes the oath of that office; or
(b)
he dies whilst
holding such office; or
(c) the date when his resignation from
office takes effect; or
(d)
he otherwise
ceases to hold office in accordance with the provisions of
this constitution.
(2)
Subject to the
provisions of subsection (1) of this section, the Governor shall
vacate his office at the expiration of period of four years
commencing from the date when -
(a)
in the case of
a person first elected as Governor under this Constitution,
he took the Oath of Allegiance and oath of office; and
(b)
the person last
elected to that office took the Oath of Allegiance and oath
of office or would, but for his death, have taken such
oaths.
(3)
If the Federation
is at war in which the territory of Nigeria is physically
involved and the President considers that it is not practicable
to hold elections, the National Assembly may be resolution
extend the period of four years mentioned in subsection (2) of
this section from time to time, but no such extension shall
exceed a period of six months at any one time.
181.
(1)
If a person duly elected as Governor dies before taking and
subscribing the Oath of Allegiance and oath of office, or is
unable for any reason whatsoever to be sworn in, the person
elected with him as Deputy governor shall be sworn in as Governor
and he shall nominate a new Deputy-Governor who shall be appointed
by the Governor with the approval of a simple majority of the
House of Assembly of the State.
(2)
Where the persons
duly elected as Governor and Deputy Governor of a State die or
are for any reason unable to assume office before the
inauguration of the house of Assembly, the Independent National
Electoral Commission shall immediately conduct an election for a
Governor and Deputy Governor of the State.
182.
(1)
No person shall be qualified for election to the office of
Governor of a State if -
(a)
subject to the
provisions of section 28 of this Constitution, he has
voluntarily acquired the citizenship of a country other than
Nigeria or, except in such cases as may be prescribed by the
National Assembly, he has made a declaration of allegiance
to such other country; or
(b)
he has been
elected to such office at any two previous elections; or
(c)
under the law
in any part of Nigeria, he is adjudged to be a lunatic or
otherwise declared to be of unsound mind; or
(d)
he is under a
sentence of death imposed by any competent court of law or
tribunal in Nigeria or a sentence of imprisonment for any
offence involving dishonesty or fraud (by whatever name
called) or any other offence imposed on him by any court or
tribunal or substituted by a competent authority for any
other sentence imposed on him by such a court or tribunal;
or
(e)
within a period
of less than ten years before the date of election to the
office of Governor of a State he has been convicted and
sentenced for an offence involving dishonesty or he has been
found guilty of the contravention of the code of Conduct; or
(f)
he is an
undischarged bankrupt, having been adjudged or otherwise
declared bankrupt under any law in force in Nigeria; or
(g)
being a person
employed in the public service of the Federation or of any
State, he has not resigned, withdrawn or retired from the
employment at least thirty days to the date of the election;
or
(h)
he is a member
of any secret society; or
(i)
he has been
indicted for embezzlement or fraud by a Judicial Commission
of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a
Tribunals of Inquiry Law or any other law by the Federal or
State Government which indictment has been accepted by the
Federal or State Government; or
(j)
he has
presented a forged certificate to the independent National
Electoral Commission.
(2)
Where in respect of
any person who has been
(a)
adjudged to be
a lunatic;
(b)
declared to be
of unsound mind;
(c)
sentenced or
declared bankrupt,
(d)
adjudged or
declared bankrupt,
an appeal against the decision is pending
in any court of law in accordance with any law in force in
Nigeria, subsection (1) of this section shall not apply
during a period beginning from the date when such appeal is
lodged and ending on the date when the appeal is finally
determined or, as the case may be, the appeal lapses or is
abandoned, whichever is earlier.
183. The governor shall not, during the period
when he holds office, hold any other executive office or paid
employment in any capacity whatsoever.
184. The National Assembly shall make
provisions in respect of -
(a)
persons who may apply to an
election tribunal for the determination of any question as
to whether
(i)
any person
has been validly elected to the office of Governor or
Deputy Governor,
(ii)
the term of
office of a Governor or Deputy Governor has ceased, or
(iii)
the office
of Deputy Governor has become vacant;
(b)
circumstances
and manner in which, and the conditions upon which such
application may be made; and
(c)
powers,
practice and procedure of the election tribunal in relation
to any such application.
185.
(1)
A person elected to the office of the Governor of a State shall
not begin to perform the functions of that until he has declared
his assets and liabilities as prescribed in the Constitution and
has subsequently taken and subscribed the Oath of Allegiance and
oath of office prescribed in the Seventh Schedule to this
Constitution.
(2)
The Oath of
Allegiance and the oath of office shall be administered by the
Chief Judge of the State or Grand Kadi of the Sharia Court of
Appeal of the State, if any or President of the Customary Court
of Appeal of the State, if any, or the person for the time being
respectively appointed to exercise the functions of any of those
offices in any State.
186. There shall be for each State of the
Federation a Deputy Governor.
187.
(1)
In any election to which the foregoing provisions of this part of
this Chapter relate a candidate for the office of Governor of a
State shall not be deemed to have been validly nominated for such
office unless he nominates another candidate as his associate for
his running for the office of Governor, who is to occupy the
office of Deputy Governor; and that candidate shall be deemed to
have been duly elected to the office of Deputy Governor if the
candidate who nominated him is duly elected as Governor in
accordance with the said provisions.
(2)
The provisions of
this Part of this Chapter relating to qualification for
election, tenure of office, disqualifications, declaration of
assets and liabilities and Oath of Governor shall apply in
relation to the office of Deputy Governor as if references to
Governor were references to Deputy Governor.
188.
(1)
The Governor or Deputy Governor of a state may Removal of Governor
be removed from office in accordance with the provisions or Deputy
Governor of this section. from office.
(2)
Whenever a notice
of any allegation in writing signed by not less than one-third
of the members of the House of Assembly.
(b)
stating that
the holder of such office is guilty of gross misconduct in
the performance of the functions of his office, detailed
particulars of which shall be specified.
the speaker of the House of Assembly shall,
within seven days of the receipt of the notice, cause a copy of
the notice to be served on the holder of the office and on each
member of the House of Assembly, and shall also cause any
statement made in reply to the allegation by the holder of the
office, to be served on each member of the House of Assembly.
(3)
Within fourteen
days of the presentation of the notice to the speaker of the
House of Assembly (whether or not any statement was made by the
holder of the office in reply to the allegation contained in the
notice-, the House of Assembly shall resolve by motion, without
any debate whether or not the allegation shall be investigated.
(4)
A motion of the
House of Assembly that the allegation be investigated shall not
be declared as having been passed unless it is supported by the
votes of not less than two-thirds majority of all the members of
the House of Assembly.
(5)
Within seven days
of the passing of a motion under the foregoing provisions of
this section, the Chief judge of the State shall at the request
of the speaker of the House of Assembly, appoint a Panel of
seven persons who in his opinion are of unquestionable
integrity, not being members of any public service, legislative
house or political party, to investigate the allegation as
provided in this section.
(6)
The holder of an
office whose conduct is being investigated under this section
shall have the right to defend himself in person or be
represented before the panel by a legal practitioner of his own
choice.
(7)
A Panel appointed
under this section shall -
(a)
have such
powers and exercise its functions in accordance with such
procedure as may be prescribed by the House of Assembly; and
(b)
within three
months of its appointment, report its findings to the House
of Assembly.
(8)
Where the Panel
reports to the House of Assembly that the allegation has not
been proved, no further proceedings shall be taken in respect of
the matter.
(9)
Where the report of
the Panel is that the allegation against the holder of the
office has been proved, then within fourteen days of the receipt
of the report, the house of Assembly shall consider the report,
and if by a resolution of the House of Assembly supported by not
less than two-thirds majority of all its members, the report of
the Panel is adopted, then the holder of the office shall stand
removed form office as from the date of the adoption of the
report.
(10)
No proceedings or
determination of the Panel or of the House of Assembly or any
matter relating to such proceedings or determination shall be
entertained or questioned in any court.
(11)
In this section -
"gross misconduct" means a grave violation or
breach of the provisions of this Constitution or a misconduct of
such nature as amounts in the opinion in the House of Assembly
to gross misconduct.
189.
(1)
The Governor or Deputy Governor of a State
shall cease to hold office if
(a)
by a resolution
passed by two-thirds majority of all members of the
executive council of the State, it is declared that the
Governor or Deputy Governor is incapable of discharging the
functions of his office; and
(b)
the declaration
in paragraph (a) of this subsection is verified, after such
medical examination as may be necessary, by a medical panel
established under subsection (4) of this section in its
report to the speaker of the House of Assembly.
(2)
Where the medical
panel certifies in its report that in its opinion the Governor
or Deputy Governor is suffering from such infirmity of body or
mind as renders him permanently incapable of discharging the
functions of his office, a notice thereof signed by the Speaker
of the House of Assembly shall be published in the Official
Gazette of the Government of the State.
(3)
The Governor or
Deputy Governor shall cease to hold office as from the date of
publication of the notice of the medical report pursuant to
subsection (2) of this section.
(4)
The medical panel
to which this section relates shall be appointed by the Speaker
of the House of Assembly of the State, and shall comprise five
medical practitioners in Nigeria -
(a)
one of whom
shall be the personal physician of the holder of the office
concerned; and
(b)
four other
medical practitioners who have, in the opinion of the
Speaker of the House of Assembly, attained a high degree of
eminence in the field of medicine relative to the nature of
the examination to be conducted in accordance with the
foregoing provisions of this section.
(5)
In this section,
the reference to "executive council of the State" is a reference
to the body of Commissioners of the Government of the State,
howsoever called, established by the Governor and charged with
such responsibilities for the functions of Government as the
Governor may direct.
190. Whenever the Governor transmits to the
Speaker of the House of Assembly a written declaration that he is
proceeding on vacation or that he is otherwise unable to discharge
the functions of his office, until he transmits to the Speaker of
the House of Assembly a written declaration to the contrary such
functions shall be discharged by the Deputy Governor as Acting
Governor.
191.
(1)
The Deputy Governor of a State shall hold the office of Governor
of the State if the office of Governor becomes vacant by reason of
death, resignation, impeachment, permanent incapacity or removal
of the governor from office for any other reason in accordance
with section 188 or 189 of this constitution.
(2)
Where any vacancy
occurs in the circumstances mentioned in subsection (1) of this
section during a period when the office of Deputy Governor of
the State is also vacant, the Speaker of the House of Assembly
of the State shall hold the office of Governor of the State for
a period of not more than three months, during which there shall
be an election of a new Governor of the State who shall hold
office for the unexpired term of office of the last holder of
the office.
(3)
Where the office of
the Deputy Governor becomes vacant -
(a)
by reason of
death, resignation, impeachment, permanent incapacity or
removal in accordance with section 188 or 189 of this
Constitution;
(b)
by his
assumption of the office of Governor of a State in
accordance with subsection (1) of this section; or
(c)
for any other
reason, the Governor shall nominate and with the approval of
the House of Assembly of the State, appoint a new Deputy
Governor.
192.
(1)
There shall be such offices of Commissioners of the Government of
a State as may be established by the Governor of the State
(2)
Any appointment to
the office of Commissioner of the Government of a State shall,
if the nomination of any person to such office is confirmed by
the House of Assembly of the State, be made by the Governor of
that State and in making any such appointment the Governor shall
conform with the provisions of section 14(4) of this
Constitution.
(3)
Where a member of a
House of Assembly or of the National Assembly is appointed as
Commissioner of the Government of a State, he shall be deemed to
have resigned his membership of the House of Assembly or of the
National Assembly on his taking the Oath of office as
Commissioner.
(4)
No person shall be
appointed as a Commissioner of the Government of a State unless
he is qualified for election as a member of the House of
Assembly of the State.
(5)
An appointment to
the office of Commissioner under this section shall be deemed to
have been made where no return has been received from the House
of Assembly within twenty-one working days of the receipt of
nomination, by the House of Assembly.
193.
(1)
The Governor of a State may, in his discretion, assign to the
Deputy Governor or any Commissioner of the Government of the State
responsibility for any business of the Government of that State,
including the administration of any department of Government.
(2)
The Governor of a
State shall hold regular meetings with the Deputy Governor and
all Commissioners of the Government of the State for the
purposes of -
(a)
determining the
general direction of the policies of the Government of the
State;
(b)
co-ordinating
the activities of the Governor, the Deputy Governor and the
Commissioners of the Government of the State in the
discharge of their executive responsibilities; and
(c)
advising the
Governor generally in the discharge of his executive
functions, other than those functions with respect to which
he is required by this Constitution to seek the advice or
act on the recommendation of any other person or body.
194. A Commissioner of the Government of a
State shall not enter upon the duties of his office unless he has
declared his assets and liabilities as prescribed in this
Constitution and has subsequently taken and subscribed the oath of
Allegiance and the oath for the due execution of the duties of his
office prescribed in the Seventh Schedule to this Constitution.
195.
(1)
There shall be an Attorney-General for each State who shall be the
Chief Law Officer of the State and Commissioner for Justice of the
Government of that State.
(2)
A person shall not
be qualified to hold or perform the functions of the office of
the Attorney-General of a State unless he is qualified to
practise as a legal practitioner in Nigeria and has been so
qualified for not less than ten years.
196.
(1)
The Governor of a State may appoint any person as a Special
Adviser to assist him in the performance of his functions.
(2)
The number of such
Advisers and their remuneration and allowances shall be as
prescribed by law or by resolution of the House of Assembly of
the State.
(
3)
Any appointment made pursuant to the
provisions of this section shall be at the pleasure of the
Governor, and shall cease when the Governor ceases to hold
office.
(4)
A person appointed
as a Special Adviser under subsection (1) of this section shall
not begin to perform the functions of the office unless he has
declared his assets and liabilities as prescribed in this
Constitution and has subsequently taken and subscribed the Oath
of Allegiance and the oath of office prescribed in the Seventh
Schedule to this Constitution.
B - Establishment of Certain State Executive Bodies
197. (1)
There shall be established for each State of the Federation the
following bodies, namely -
(a)
State Civil
Service Commission;
(b)
State
Independent Electoral Commission; and
(c)
State Judicial
Service Commission.
(2)
The composition and
powers of each body established by subsection (1) of this
section are as set out in Part II of the Third Schedule to this
Constitution.
(3)
In appointing
Chairmen and members of boards and governing bodies of statutory
corporations and companies in which the Government of the State
has controlling shares or interests and councils of
Universities, Colleges and other institutions of higher
learning, the Governor shall conform with the provisions of
section 14(4) of this Constitution.
198. Except in the case of ex-officio members
or where other provisions are made in this Constitution, the
Chairman and members of any of the bodies so established shall,
subject to the provisions of this Constitution, be appointed by
the Governor of the State and the appointment shall be subject to
confirmation by a resolution of the House of Assembly of the
State.
199. (1)
A person who is a member of any of the bodies established as
aforesaid shall, subject to the provisions of this Part, remain a
member thereof -
(a)
in the case of
an ex-officio member, whilst he holds the office by virtue
of which he is a member of the body;
(b)
in the case of
a person who is a member by virtue of his having previously
held an office, for the duration of his life; and
(c)
in the case of
a person who is a member otherwise than as an ex-officio
member or otherwise than by virtue of his having previously
held an office, for a period of five years from the date of
his appointment.
(2)
A member of any of
the bodies shall cease to be a member if any circumstances arise
that, if he were not a member of the body, would cause him to be
disqualified for appointment as such a member.
200. (1)
No person shall be qualified for appointment as a member of any of
the bodies aforesaid if -
(a)
he is not
qualified or if he is disqualified for election as a member
of a House of Assembly;
(b)
he has within
the preceding ten years, been removed as a member of any of
the bodies or as the holder of any other office on the
ground of misconduct.
(2)
Any person employed
in the public service of a State shall not be disqualified for
appointment as Chairman or member of any of such bodies provided
that where such a person has been duly appointed, he shall on
his appointment be deemed to have resigned his former office as
from the date of the appointment.
(3)
No person shall be
qualified for appointment to any of the bodies aforesaid, if,
having previously been appointed as a member otherwise than as
an ex officio member of that body, he has been re-appointed for
a further term as a member of the same body.
201. (1)
Any person holding any of the offices to which this section
applies shall only be removed from that office by the Governor of
that State acting on an address supported by two-thirds majority
of the House of Assembly of the State praying that he be so
removed for inability to discharge the functions of the office
(whether arising from infirmity of mind or body or any other
cause) or for misconduct.
(2)
This section
applies to the Offices of the Chairman and members of the State
Civil Service Commission, the State Independent Electoral
Commission and the State Judicial Service Commission.
202. In exercising its power to make
appointments or to exercise disciplinary control over persons the
State Civil Service Commission, the State Independent Electoral
Commission and the State Judicial Service Commission shall not be
subject to the direction and control of any other authority or
person.
203. (1)
The quorum for a meeting of any of the bodies established by
section 197 of this Constitution shall not be less than one-third
of the total number of members of that body at the date of the
meeting.
(2)
A member of such a
body shall be entitled to one vote and a decision of the meeting
may be taken and any act or thing may be done in the name of
that body by a majority of the members present at a meeting.
(3)
Whenever such
bodies is assembled for a meeting, the Chairman or other person
presiding shall, in all matters in which a decision is taken by
vote (by whatever name such vote may be called) have a casting
as well as a deliberative vote.
(4)
Subject to its
rules of procedure, any such body may act or take any decision
notwithstanding any vacancy in its membership or the absence of
any member.
204. (1)
Subject to subsection (2) of this section, any of the bodies may,
with the approval of the Governor, by rules or otherwise regulate
its own procedure or confer powers or impose duties on any officer
or authority for the purpose of discharging its functions.
(2)
In the exercise of
any powers under subsection (1) of this section any such body
shall not confer powers or impose duties on any officer or
authority of the Federation except with the approval of the
President.
205. In this Part of this Chapter, unless the
context otherwise requires:-
(a)
any reference
to ex officio member shall be construed as a reference to a
person who is a member by virtue of his holding or
performing the functions of an office in the public service
of a State;
(b)
office means an
office in the public service of a State;
(c)
any reference
to member of any of the bodies established by section 197 of
this Constitution shall be construed as including a
reference, to the Chairman of that body; and
(d)
misconduct means breach of the
Oath of Allegiance or oath of office of a member or a breach
of the provisions of this Constitution or bribery or
corruption or false declaration of assets and liabilities or
conviction for treason or treasonable felony.
C - The Public Service of a State
206. There shall be for each State of the Federation a Civil
Service.
207. Subject to the provisions of this
Constitution, a State Civil Service Commission may, with the
approval of the Governor and subject to such conditions as it may
deem fit, delegate any of the powers conferred upon it by this
Constitution to any of its members or to any officer in the civil
service of the State.
208. (1)
Power to appoint persons to hold or act in the offices to which
this section applies and to remove persons so appointed from any
such office shall vest in the Governor of the State.
(2)
The offices to
which this section applies are, namely -
(a)
Secretary to
the Government of the State;
(b)
Head of the
Civil Service of the State;
(c)
Permanent
Secretary or other chief executive in any Ministry or
Department of the Government of the State howsoever
designated; and
(d)
any office on
the personal staff of the Governor.
(3)
An appointment to
the office of the Head of the Civil Service of a State shall not
be made except from among Permanent Secretaries or equivalent
rank in the civil service of any State or of the Federation.
(4)
In exercising his
powers of appointment under this section, the Governor shall
have regard to the diversity of the people within the state and
the need to promote national unity.
(5)
Any appointment
made pursuant to paragraphs (a) and (d) of subsection (2) of
this section shall be at the pleasure of the Governor and shall
cease when the Governor ceases to hold office:
Provided that where a person has been
appointed from a public service of the Federation or a State, he
shall be entitled to return to the public service of the
Federation or of the State when the Governor ceases to hold
office.
209. A person in the public service of a State
shall observe and conform to the Code of Conduct.
210. (1)
Subject to the provisions of subsection (2) of this section, the
right of a person in the public service of a State to receive
pension or gratuity shall be regulated by law.
(2)
Any benefit to
which a person is entitled in accordance with or under such law
as is referred to in subsection (1) of this section shall not be
withheld or altered to his disadvantage except to such extent as
is permissible under any law, including the Code of Conduct.
(3)
Pensions shall be
reviewed every five years or together with any state civil
service salary reviews, whichever is earlier.
(4)
Pensions in respect
of service in the service of a State shall not be taxed
211. (1)
The Attorney General of a state shall have power
(a)
to institute
and undertake criminal proceedings against any person before
any court of law in Nigeria other than a court-martial in
respect of any offence created by or under any law of the
House of Assembly;
(b)
to take over
and continue any such criminal proceedings that may have
been instituted by any other authority or person; and
(c)
to discontinue
at any stage before judgement is delivered any such criminal
proceedings instituted or undertaken by him or any other
authority or person.
(2)
The powers
conferred upon the Attorney-General of a state under subsection
1 of this section may be exercised b him in person or through
officers of his department.
(3)
In exercising his
powers under this section, the attorney-General of a state shall
have regard to the public interest, the interest of justice and
the need to prevent abuse of legal process
212. (1)
The Governor may -
(a)
Grant any
person concerned with or convicted of any offence created by
any law of a state a pardon, either free or subject to
lawful conditions;
(b)
grant to any
person a respite, of the execution of any punishment imposed
on that person for such an offence;
(c)
substitute a
less severe form of punishment for any person for such an
offence; or
(d)
remit the whole
or any part of punishment for any punishment imposed on that
person for such any offence or of any penalty forfeiture
otherwise due to the state on account of such an offence.
(2)
The powers of the governor under
subsection (1)of this section shall be exercised by him after
consultation with such advisory council of the state on
prerogative of mercy as may be established by law of the State.
Part III
Supplemental
A - National Population Census
213. (1) Any report of the
National Population Commission containing the population census
after every census shall be delivered to the President by the
Chairman of the commission .
(2)
The President shall
within a period of thirty days after receipts of the report lay
copies of the report before the Council of State, which shall
consider the report and advise the President whether to accept
it or reject it.
(3)
Where the Council
of State advises the President to accept the report, the
President shall accept the same and shall then lay the report on
the table of each House of the National Assembly.
(4)
Where the President
accept such report and has laid it on the table of each House of
the National Assembly he shall publish it in the official
Gazette of the Government of the Federation for public
information.
(5)
Where the Council
of State advises the president to reject upon the ground-
(a)
that the
population census contained in the report is inaccurate; or
(b)
that the report
is perverse,
the President shall reject the report
accordingly and no reliance shall be placed upon any such report
by any authority or person or for any purpose what so ever.
B - Nigeria Police Force
214. (1)
There shall be a police force for Nigeria, which shall be known as
the Nigeria Police Force, and subject to the provisions of this
section no other police force shall be established for the
Federation or any part thereof.
(2)
Subject to the
provisions of this Constitution -
(a)
the Nigeria
Police Force shall be organised and administered in
accordance with such provisions as may be prescribed by an
act of the National Assembly;
(b)
the members of
the Nigeria Police shall have such powers and duties as
maybe conferred upon them by law;
(c)
the National
Assembly may make provisions for branches of the Nigeria
Police Force forming part of the armed forces of the
Federation or for the protection of harbours, waterways,
railways and air fields.
215. (1)
There shall be -
(a)
an
Inspector-General of Police who, subject to section 216(2)
of this Constitution shall be appointed by the President on
the advice of the Nigeria Police Council from among serving
members of the Nigeria Police Force;
(b)
a Commissioner
of Police for each state of the Federation who shall be
appointed by the Police Service Commission.
(2)
The Nigeria Police
Force shall be under the command of the Inspector-General of
Police and contingents of the Nigeria Police Force stationed in
a state shall, subject to the authority of the Inspector-General
of Police, be under the command of the Commissioner of Police of
that state.
(3)
The President or
such other Minister of the Government of the Federation as he
may authorise in that behalf may give to the Inspector-General
of Police such lawful directions with respect to the maintenance
and securing of public safety and public order as he may
consider necessary, and the Inspector-General of Police shall
comply with those direction or cause them to be compiled with.
(4)
Subject to the
provisions of this section, the Governor of a state or such
Commissioner of the Government state as he may authorise in that
behalf, may give to the Commissioner of Police of that state
such lawful directions with respect to the maintenance and
securing of public safety and public order within the state as
he may consider necessary, and the Commissioner of Police shall
comply with those directions or cause them to be complied with:
Provided that before carrying out any such
directions under the foregoing provisions of this subsection the
Commissioner of Police may request that the matter be referred
to the President or such minister of the Government of the
Federation as may be authorised in that behalf by the President
for his directions.
(5)
The question
whether any, and if so what, directions have been given under
this section shall not be inquired into in any court.
216. (1)
Subject to the provisions of this constitution, the Nigeria Police
Council may, with the approval of the President and subject to
such conditions as it may think fit, delegate any of the powers
conferred upon it by this Constitution to any of its members or to
the Inspector-General of Police or any other member of the Nigeria
Police Force.
(2)
Before making any
appointment to the office of the Inspector-General of Police or
removing him from office the President shall consult the Nigeria
Police Council.
C - Armed Forces of the Federation.
217. (1)
There shall be an armed forces for the Federation which shall
consist of an army, a navy, an Air Force and such other branches
of the armed forces of the Federation as may be established by an
Act of the National Assembly.
(2)
The Federation
shall, subject to an Act of the National Assembly made in that
behalf, equip and maintain the armed forces as may be considered
adequate and effective for the purpose of -
(a)
defending
Nigeria from external aggression;
(b)
maintaining its
territorial integrity and securing its borders from
violation on land, sea, or air;
(c)
suppressing
insurrection and acting in aid of civil authorities to
restore order when called upon to do so by the President,
but subject to such conditions as may be prescribed by an
Act of the National Assembly; and
(d)
performance
such other functions as may be prescribed by an Act of the
National Assembly.
(3)
The composition of
the officer corps an other ranks of the armed forces of the
Federation shall reflect the federal character of Nigeria.
218. (1)
The powers of the President as the Commissioner-in-Chief of the
Armed Forces of the Federation shall include power to determine
the operational use of the armed forces of the Federation.
(2)
The powers
conferred on the President by subsection (1) of this section
shall include power to appoint the Chief of Defence staff, the
Chief of Army Staff, the Chief of Naval Staff, the Chief of Air
Staff and heads of any other branches of the armed forces of the
Federation as may be established by an Act of the National
Assembly.
(3)
The President may,
by directions in writing and subject to such conditions as he
think fit, delegate to any member of the armed forces of the
Federation his powers relating to the operational use of the
Armed Forces of the Federation.
(4)
The National
Assembly shall have power to make laws for the regulation of -
(a)
the powers
exercisable by the President as Commander-in-Chief of the
Armed Forces of the Federation; and
(b)
the
appointment, promotion and disciplinary control of members
of the armed forces of the Federation.
219. The National Assembly shall -
(a)
in giving
effect to the functions specified in section 217 of
thisConstitution; and
(b)
with respect to
the powers exercisable by the President under section 218of
this Constitution, by an Act, established a body which shall
comprise such members as theNational Assembly may determine,
and which shall have power to ensure that the composition of
the armed forces of the Federation shall reflect the federal
character of Nigeria in the manner prescribed in the section
217 of this Constitution.
220. (1)
The Federation shall establish and maintain adequate facilities
for carrying into effect any Act of the National Assembly
providing for compulsory military training or military service for
citizens of Nigeria.
(2)
Until an Act of the National Assembly
is made in that behalf the President may maintain adequate
facilities in any secondary or post-secondary educational
institution in Nigeria for giving military training in any such
institution which desires to have the training.
D - Political Parties
221. No association, other than a political
party, shall canvass for votes for any candidate at any election
or contribute to the funds of any political party or to the
election expenses of any candidate at an election.
222. No association by whatever name called
shall function as a party, unless -
(a)
the names and
addresses of its national officers are registered with the
Independent National Electoral Commission;
(b)
the membership
of the association is open to every citizen of Nigeria
irrespective of his place of origin, circumstance of birth,
sex, religion or ethnic grouping;
(c)
a copy of its
constitution is registered in the principal office of the
Independent National Electoral Commission in such form as
may be prescribed by the Independent National Electoral
Commission;
(d)
any alteration
in its registered constitution is also registered in the
principal office of the Independent National Electoral
Commission within thirty days of the making of such
alteration
(e)
the name of the
association, its symbol or logo does not contain any ethnic
or religious connotation or give the appearance that the
activities of the association are confined to a part only of
the geographical area of Nigeria; and
(f)
the
headquarters of the association is situated in the Federal
Capital Territory, Abuja.
223. (1)
The constitution and rules of a political
party shall-
(a)
provide for the
periodical election on a democratic basis of the principal
officers and members of the executive committee or other
governing body of the political party; and
(b)
ensure that the
members of the executive committee or other governing body
of the political party reflect the federal character of
Nigeria.
(2)
For the purposes of
this section -
(a)
the election of
the officers or members of the executive committee of a
political party shall be deemed to be periodical only if it
is made at regular intervals not exceeding four years; and
(b)
the members of
the executive committee or other governing body of the
political character of Nigeria only if the members thereof
belong to different states not being less in number than
two-thirds of all the states of the Federation and the
Federal Capital Territory, Abuja.
224. The programme as well as the aims and
objects of a political party shall conform with the provisions of
Chapter II of this Constitution.
225. (1)
Every political party shall, at such times and in such manner as
the independent National Electoral Commission and publish a
statement of its assets and liabilities.
(2)
Every political
party shall submit to the Independent National Electoral
Commission a detailed annual statement and analysis of its
sources of funds and other assets together with a similar
statement of its expenditure in such form as the Commission may
require.
(3)
No political party
shall -
(a)
hold or possess
any funds or other assets outside Nigeria; or
(b)
be entitled to
retain any funds or assets remitted or sent to it from
outside Nigeria.
(4)
Any funds or other
assets remitted or sent to a political party from outside
Nigeria shall be paid over or transferred to the Commission
within twenty-one days of its receipt with such information as
the Commission may require.
(5)
The Commission
shall have power to give directions to political parties
regarding the books or records of financial transactions which
they shall keep and, to examine all such books and records.
(6)
The powers
conferred on the Commission under subsection (4) of this section
may be exercised by it through any member of its staff or any
person who is an auditor by profession, and who is not a member
of a political party.
226.
(1)
The Independent National Electoral commission, shall in every year
prepare and submit to the National Assembly a report on the
accounts and balance sheet of every political party.
(2)
It shall be the
duty of the commission, in preparing its report under this
section, to carry out such investigations as will enable it to
form an opinion as to whether proper books of accounts and
proper records have been kept by any political party, and if the
Commission is of the opinion that proper books of accounts have
not been kept by a political party, the Commission shall so
report.
(3)
Every member of the
Commission or its duly authorised agent shall -
(a)
have a right of
access at all times to the books and accounts and vouchers
of all political parties; and
(b)
be entitled to
require from the officers of the political party such
information and explanation which to the best of his
knowledge and belief are necessary for the purposes of the
investigation, the Commission shall state that fact in its
report.
227. No association shall retain, organise,
train or equip any person or group of persons for the purpose of
enabling them to be employed for the use or display of physical
force or coercion in promoting any political objective or interest
or in such manner as to arouse reasonable apprehension that they
are organised and trained or equipped for that purpose.
228. The National Assembly may by law provide -
(a)
for the
punishment of any person involved in the management or
control of any political party found after due inquiry to
have contravened any of the provisions of sections 221,
225(3) and 227 of this Constitution;
(b)
for the
disqualification of any persons from holding public office
on the ground that he knowingly aids or abets a political
party in contravening section 225(3) of this Constitution;
(c)
for an annual
grant to the Independent National Electoral Commission for
disbursement to political parties on a fair and equitable
basis to assist them in the discharge of their functions;
and
(d)
for the
conferment on the Commission of other powers as may appear
to the National Assembly to be necessary or desirable for
the purpose of enabling the Commission more effectively to
ensure that political parties observe the provisions of this
part of this chapter.
229. In this Part of this chapter, unless the
context otherwise requires -
"association" means any body of persons
corporate or unincorporate who agree to act together for any
commission purpose, and includes an association formed for any
ethnic, social, cultural, occupational religious purpose; and
"political party" includes any association whose activities
include canvassing for votes in support of a candidate for
election to the office of President, Vice-President, Governor,
Deputy Governor or membership of a legislative house or of a
local government council.
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