Akoko-Edo, Egor, Esan Central, Esan North
East, Esan South East, Esan West, Etsako Central, Etsako East,
Etsako West, Igueben, Ikpoba-Okha, Oredo, Orhionmwon, Ovia
North East, Ovia South West, Owan East, Owan West, Uhunmwonde.
Akoko North East, Akoko North West,. Akoko
South Akure East, Akoko South West, Akure North, Akure South,
Ese-Odo, Idanre, Ifedore, Ilaje, Ile-Oluji-Okeigbo, Irele,
Odigbo, Okitipupa, Ondo East, Ondo West, Ose, Owo.
The definition of the boundaries of the Federal Capital
Territory, Abuja referred to under Chapters 1 and VIII of this
Constitution is as follows:
Starting from the village called Izom on 7oE Longitude and
9o 15 Latitude, project a straight line westward to a point
just north of Lehu on the Kemi River, then project a line
along 6 o 47 ˝ ‘ E southward passing close to the villages
called Semasu, Zui and Bassa down to a place a little west
of Abaji town; thence project a line along parallel 8o 27 ˝
‘N Latitude to Ahinza village 7o 6" on Kanama River); thence
a straight line to Buga Village on 8o 30 ‘N Latitude and 7"
20’E Longitude; thence draw a line northwards joining the
villages of Odu, Karshi and Karu. From Karu the line shall
proceed along the boundary between the Niger and Plateau
States as far as Kawu; thence the line shall proceed along
the boundary between Kaduna and Niger States up to a point
just north of Bwari village, hence the line goes straight to
Zuba village and thence straight to Izom.
1. Accounts of the Government of the Federation, and of
offices, courts, and authorities thereof, including audit of
those accounts.
2. Arms, ammunition and explosives.
3. Aviation, including airports, safety of
aircraft and carriage of passengers and goods by air.
4. Awards of national titles of honour,
decorations and other dignities.
5. Bankruptcy and insolvency
6. Banks, banking, bills of exchange and
promissory notes.
7. Borrowing of moneys within or outside
Nigeria for the purposes of the Federation or of any State.
8. Census, including the establishment and
maintenance of machinery for continuous and universal
registration of births and deaths throughout Nigeria.
9. Citizenship, naturalisation and aliens.
10. Commercial and industrial monopolies,
combines and trusts.
11. Construction, alteration and
maintenance of such roads as may be declared by the National
Assembly to be Federal trunk roads.
12. Control of capital issues.
13. Copyright
14. Creation of States
15. Currency, coinage and legal tender
16. Customs and excise duties
17. Defence
18. Deportation of persons who are not
citizens of Nigeria
19. Designation of securities in which
trust funds may be invested.
20. Diplomatic, consular and trade
representation.
21. Drugs and poisons.
22. Election to the offices of President
and Vice-President or Governor and Deputy Governor and any
other office to which a person may be elected under this
Constitution, excluding election to a local government council
or any office in such council.
23. Evidence
24. Exchange control
25. Export duties
26. External affairs
27. Extradition
28. Fingerprints identification and
criminal records.
29. Fishing and fisheries other than
fishing and fisheries in rivers, lakes, waterways, ponds and
other inland waters within Nigeria.
30. Immigration into and emigration from
Nigeria
31. Implementation of treaties relating to
matters on this list
32. Incorporation, regulation and winding
up of bodies corporate, other than co-operative societies,
local government councils and bodies corporate established
directly by any Law enacted by a House of Assembly of a State.
33. Insurance.
34. Labour, including trade unions,
industrial relations; conditions, safety and welfare of labour;
industrial disputes; prescribing a national minimum wage for
the Federation or any part thereof; and industrial
arbitration.
35. Legal proceedings between Governments
of States or between the Government of the Federation and
Government of any State or any other authority or person.
36. Maritime shipping and navigation,
including -
(a)
shipping and
navigation on tidal waters;
(b)
shipping and
navigation on the River Niger and its affluents and on any
such other inland waterway as may be designated by the
National Assembly to be an international waterway or to be
an inter-State waterway;
(c)
lighthouses,
lightships, beacons and other provisions for the safety of
shipping and navigation;
(d)
such ports as
may be declared by the National Assembly to be Federal ports
(including the constitution and powers of port authorities
for Federal ports).
37. Meteorology
38. Military (Army, Navy and Air Force)
including any other branch of the armed forces of the
Federation.
39. Mines and minerals, including oil
fields, oil mining, geological surveys and natural gas.
40. National parks being such areas in a
State as may, with the consent of the Government of that
State, be designated by the National Assembly as national
parks.
41. Nuclear energy
42. Passports and visas
43. Patents, trade marks, trade or business
names, industrial designs and merchandise marks.
44. Pensions, gratuities and other-like
benefit payable out of the Consolidated Revenue Fund or any
other public funds of the Federation.
45. Police and other government security
services established by law.
46. Posts, telegraphs and telephones
47. Powers of the National Assembly, and
the privileges and immunities of its members
48. Prisons
49. Professional occupations as may be
designated by the National Assembly.
50. Public debt of the Federation
51. Public holidays.
52. Public relations of the Federation
53. Public service of the Federation
including the settlement of disputes between the Federation
and officers of such service.
54. Quarantine
55. Railways
56. Regulations of political parties
57. Service and execution in a State of the
civil and criminal processes, judgements, decrees, orders and
other decisions of any court of law outside Nigeria or any
court of law in Nigeria other than a court of law established
by the House of Assembly of that State.
58. Stamp duties
59. Taxation of incomes, profits and
capital gains, except as otherwise prescribed by this
Constitution.
60. The establishment and regulation of
authorities for the Federation or any part thereof -
(a)
To promote and
enforce the observance of the Fundamental Objectives and
Directive Principles contained in this Constitution;
(b)
To identify,
collect, preserve or generally look after ancient and
historical monuments and records and archaeological sites
and remains declared by the National Assembly to be of
national significance or national importance;
(c)
to administer
museums and libraries other than museums and libraries
established by the Government of a state;
(d)
To regulate
tourist traffic; and
(e)
To prescribe
minimum standards of education at all levels.
61. The formation, annulment and
dissolution of marriages other than marriages under Islamic
law and Customary law including matrimonial causes relating
thereto.
62. Trade and commerce, and in particular -
(a)
trade and
commerce between Nigeria and other countries including
import of commodities into and export of commodities from
Nigeria, and trade and commerce between the states;
(b)
establishment
of a purchasing authority with power to acquire for export
or sale in world markets such agricultural produce as may be
designated by the National Assembly;
(c)
inspection of
produce to be exported from Nigeria and the enforcement of
grades and standards of quality in respect of produce so
inspected;
(d)
establishment
of a body to prescribe and enforce standards of goods and
commodities offered for sale;
(e)
control of the
prices of goods and commodities designated by the National
Assembly as essential goods or commodities; and
(f)
registration of
business names.
63. Traffic on Federal trunk roads.
64. Water from such sources as may be
declared by the National Assembly to be sources affecting more
than one state
65. Weights and measures.
66. Wireless, broadcasting and television
other than broadcasting and television provided by the
Government of a state; allocation of wave-lengths for
wireless, broadcasting and television transmission.
67. Any other matter with respect to which
the National Assembly has power to make laws in accordance
with the provisions of this Constitution.
68. Any matter incidental or supplementary to any matter
mentioned elsewhere in this list.
Part II
Concurrent Legislative List
Extent of Federal and State Legislative powers
1. Subject to the provisions of this Constitution, the
National Assembly may by an Act make provisions for -
(a)
the division of
public revenue -
(i)
between the
Federation and the States;
(ii)
among the
States of the Federation;
(iii)
between
the States and local government councils;
(iv)
among the
local government councils in the States; and
(b)
grants or loans
from and the imposition of charges upon the Consolidated
Revenue Fund or any other public funds of the Federation or
for the imposition of charges upon the revenue and assets of
the Federation for any purpose notwithstanding that it
relates to a matter with respect to which the National
Assembly is not empowered to make laws.
2. Subject to the provisions of this
Constitution, any House of Assembly may make provisions for
grants or loans from and the imposition of charges upon any of
the public funds of that State or the imposition of charges
upon the revenue and assets of that State for any purpose
notwithstanding that it relates to a matter with respect to
which the National Assembly is empowered to make laws.
3. The National Assembly may make laws for
the Federation or any part thereof with respect to such
antiquities and monuments as may, with the consent of the
State in which such antiquities and monuments are located, be
designated by the National Assembly as National Antiquities or
National Monuments but nothing in this paragraph shall
preclude a House of Assembly from making Laws for the State or
any part thereof with respect to antiquities and monuments not
so designated in accordance with the foregoing provisions.
4. The National Assembly may make laws for
the Federation or any part thereof with respect to the
archives and public records of the Federation.
5. A House of Assembly may, subject to
paragraph 4 hereof, make laws for that State or any part
thereof with respect to archives and public records of the
Government of the State.
6. Nothing in paragraphs 4 and 5 hereof
shall be construed as enabling any laws to be made which do
not preserve the archives and records which are in existence
at the date of commencement of this Constitution, and which
are kept by authorities empowered to do so in any part of the
Federation.
7. In the exercise of its powers to impose
any tax or duty on -
(a)
capital gains,
incomes or profits or persons other than companies; and
(b)
documents or
transactions by way of stamp duties.
the National Assembly may, subject to such
conditions as it may prescribe, provide that the collection of
any such tax or duty or the administration of the law imposing
it shall be carried out by the Government of a State or other
authority of a State.
8. Where an Act of the National Assembly
provides for the collection of tax or duty on capital gains,
incomes or profit or the administration of any law by an
authority of a State in accordance with paragraph 7 hereof, it
shall regulate the liability of persons to such tax or duty in
such manner as to ensure that such tax or duty is not levied
on the same person by more than one State.
9. A House of Assembly may, subject to such
conditions as it may prescribe, make provisions for the
collection of any tax, fee or rate or for the administration
of the Law providing for such collection by a local government
council.
10. Where a Law of a House of Assembly
provides for the collection of tax, fee or rate or for the
administration of such Law by a local government council in
accordance with the provisions hereof it shall regulate the
liability of persons to the tax, fee or rate in such manner as
to ensure that such tax, fee or rate is not levied on the same
person in respect of the same liability by more than one local
government council.
11. The National Assembly may make laws for
the Federation with respect to the registration of voters and
the procedure regulating elections to a local government
council.
12. Nothing in paragraph 11 hereof shall
preclude a House of Assembly from making laws with respect to
election to a local government council in addition to but not
inconsistent with any law made by the National Assembly.
13. The National Assembly may make laws for
the Federation or any part thereof with respect to-
(a)
electricity and
the establishment of electric power stations;
(b)
the generation
and transmission of electricity in or to any part of the
Federation and from one State to another State;
(c)
the regulation
of the right of any person or authority to dam up or
otherwise interfere with the flow of water from sources in
any part of the Federation;
(d)
the
participation of the Federation in any arrangement with
another country for the generation, transmission and
distribution of electricity for any area partly within and
partly outside the Federation;
(f)
the regulation
of the right of any person or authority to use, work or
operate any plant, apparatus, equipment or work designed for
the supply or use of electrical energy.
14. A House of Assembly may make laws for
the State with respect to -
(a)
electricity and
the establishment in that State of electric power stations;
(b)
the generation,
transmission and distribution of electricity to areas not
covered by a national grid system within that State; and
(c)
the
establishment within that State of any authority for the
promotion and management of electric power stations
established by the State.
15. In the foregoing provisions of this
item, unless the context otherwise requires, the following
expressions have the meanings respectively assigned to them -
"distribution" means the supply of
electricity from a sub-station to the ultimate consumer;
"management" includes maintenance, repairs
or replacement;
"power station" means an assembly of plant
or equipment for the creation or generation of electrical
energy; and
"transmission" means the supply of
electricity from a power station to a sub-station or from one
sub-station to another sub-station, and the reference to a
"sub-station" herein is a reference to an
assembly of plant, machinery or equipment for distribution of
electricity.
16. The National Assembly may make laws for
the establishment of an authority with power to carry out
censorship of cinematograph films and to prohibit or restrict
the exhibition of such films; and nothing herein shall -
(a)
preclude a
House of Assembly from making provision for a similar
authority for that State; or
(b)
authorise the
exhibition of a cinematograph film in a State without the
sanction of the authority established by the Law of that
State for the censorship of such films.
17. The National Assembly may make laws for
the Federation or any part thereof with respect to -
(a)
the health,
safety and welfare of persons employed to work in factories,
offices or other premises or in inter-State transportation
and commerce including the training, supervision and
qualification of such persons;
(b)
the regulation
of ownership and control of business enterprises throughout
the Federation for the purpose of promoting, encouraging or
facilitating such ownership and control by citizens of
Nigeria;
(c)
the
establishment of research centres for agricultural studies;
and
(d)
the
establishment of institutions and bodies for the promotion
or financing of industrial, commercial or agricultural
projects.
18. Subject to the provisions of this
Constitution, a House of Assembly may make Laws for that State
with respect to industrial, commercial or agricultural
development of the State.
19. Nothing in the foregoing paragraphs of
this item shall be construed as precluding a House of Assembly
from making Laws with respect to any of the matters referred
to in the foregoing paragraphs.
20. For the purposes of the foregoing
paragraphs of this item, the word
"agricultural" includes fishery.
21. The National Assembly may make laws to
regulate or co-ordinate scientific and technological research
throughout the Federation.
22. Nothing herein shall prelude a House of
Assembly from establishing or making provisions for an
institution or other arrangement for the purpose of scientific
and technological research.
23. The National Assembly may make laws for
the Federation or any part thereof with respect to statistics
so far as the subject matter relates to -
(a)
any matter upon
which the National Assembly has power to make laws; and
(b)
the
organisation of co-ordinated scheme of statistics for the
Federation or any part thereof on any matter whether or not
it has power to make laws with respect thereto.
24. A House of Assembly may make Laws for
the State with respect to statistics and on any matter other
than that referred to in paragraph 23
(a)
of this item.
25. The National Assembly may make laws for
the Federation or any part thereof with respect to
trigonometrical, cadastral and topographical surveys.
26. A House of Assembly may, subject to
paragraph 25 hereof, make laws for that State or any part
thereof with respect to trigonometrical, cadastral and
topographical surveys.
27. The National Assembly shall have power
to make laws for the Federation or any part thereof with
respect to university education, technological education or
such professional education as may from time to time be
designated by the National Assembly.
28. The power conferred on the National
Assembly under paragraph 27 of this item shall include power
to establish an institution for the purposes of university,
post-primary, technological or professional education.
29. Subject as herein provided, a House of
Assembly shall have power to make laws for the state with
respect to the establishment of an institution for purposes of
university, technological or professional education.
30. Nothing in the foregoing paragraphs of this item shall be
construed so as to limit the powers of a House of Assembly to
make laws for the State with respect to technical, vocational,
post-primary, primary or other forms of education, including
the establishment of institutions for the pursuit of such
education.
Part III
Supplemental and Interpretation
1. Where by this Schedule the National Assembly is required to
designate any matter or thing or to make any declaration, it
may do so either by an Act of the National Assembly or by a
resolution passed by both Houses of the National Assembly.
2. In this Schedule, references to
incidental and supplementary matters include, without
prejudice to their generality, references to:
(a)
offences;
(b)
the
jurisdiction, powers, practice and procedure of courts of
law; and
1. The Code of Conduct Bureau shall comprise the following
members:
(a)
a Chairman; and
(b)
nine other members, each of whom, at the time of
appointment, shall not be less than fifty years of age
and subject to the provisions of section 157 of this
Constitution shall vacate his office on attaining the
age of seventy years.
2. The Bureau shall establish such offices
in each state of the Federation as it may require for the
discharge of its functions under this Constitution.
3. The Bureau shall have power to:
(a)
receive
declarations by public officers made under paragraph 12 of
Part I of the Fifth Schedule to this Constitution;
(b)
examine the
declarations in accordance with the requirements of the Code
of Conduct or any law;
(c)
retain custody
of such declarations and make them available for inspection
by any citizen of Nigeria on such terms and conditions as
the National Assembly may prescribe;
(d)
ensure
compliance with and, where appropriate, enforce the
provisions of the Code of Conduct of any law relating
thereto;
(e)
receive
complaints about non-compliance with or breach of the
provisions of the Code of Conduct or any law in relation
thereto, investigate the complaint and, where appropriate,
refer such matters to the Code of Conduct Tribunal;
(f)
appoint,
promote, dismiss and exercise disciplinary control over the
staff of the Codes of Conduct Bureau in accordance with the
provisions of an Act of the National Assembly enacted in
that behalf; and
(g)
carry out such
other functions as may be conferred upon it by the National
Assembly.
The terms and conditions of service of the staff of the Code of
Conduct Bureau shall be the same as those provided for public
officers in the civil service of the Federation.
B - Council of State
5. The Council of State shall comprise the following persons:
(a)
the President, who shall be the Chairman;
(b)
the Vice-President, who shall be the Deputy Chairman;
(c)
all former Presidents of the Federation and all former
Heads of the Government of the Federation;
(d)
all former Chief Justices of Nigeria;
(e)
the President of the Senate;
(f)
the Speaker of the House of Representatives;
(g)
all the Governors of the states of the Federation; and
(h)
the Attorney-General of the Federation.
(6.) The Council shall have power to:
(a)
advise the President in the exercise of his powers with
respect to the:-
(i)
national population census and compilation,
publication and keeping of records and other
information concerning the same;
(ii)
prerogative of mercy;
(iii)
award of national honours;
(iv)
the Independent National Electoral Commission
(including the appointment of members of that
Commission);
(v)
the National Judicial Council (including the
appointment of the members, other than ex-officio
members of that Council); and
(vi)
the National Population Commission (including the
appointment of members of that Commission); and
(b)
advise the President whenever
requested to do so on the maintenance of public order
within the Federation or any part thereof and on such
other matters as the President may direct.
C - Federal Character Commission
7. (1)
The Federal Character Commission shall comprise the following
members:
(a)
a Chairman;
and
(b)
one person
to represent each of the states of the Federation and
the Federal Capital Territory, Abuja.
(2)
The Chairman
and members shall be appointed by the President, subject to
confirmation by the Senate.
8.
(1) In giving effect to the provisions
of section 14(3) and (4) of this Constitution, the Commission
shall have the power to:
(a)
work out an equitable formula subject to the approval of
the National Assembly for the distribution of all cadres
of posts in the public service of the Federation and of
the States, the armed forces of the Federation, the
Nigeria Police Force and other government security
agencies, government owned companies and parastatals of
the states;
(b)
promote, monitor and enforce compliance with the
principles of proportional sharing of all bureaucratic,
economic, media and political posts at all levels of
government;
(c)
take such legal measures, including the prosecution of
the head or staff of any Ministry or government body or
agency which fails to comply with any federal character
principle or formula prescribed or adopted by the
Commission; and
(d)
carry out such other functions as may be conferred upon
it by an Act of the National Assembly.
(2)
The posts
mentioned in sub-paragraph (1)(a) and (b) of this paragraph
shall include those of the Permanent Secretaries,
Directors-General in Extra-Ministerial Departments and
parastatals, Directors in Ministries and Extra-Ministerial
Departments, senior military officers, senior diplomatic
posts and managerial cadres in the Federal and State
parastatals, bodies, agencies and institutions.
(3)
Notwithstanding
any provision in any other law or enactment, the Commission
shall ensure that every public company or corporation
reflects the federal character in the appointments of its
directors and senior management staff.
9. It shall be the duty of the Board of Directors of every
state-owned enterprise to recognise and promote the principle
of federal character in the ownership and management structure
of the company.
D - Federal Civil Service Commission
10. The Federal Civil Service Commission shall comprise the
following members -
(a)
a Chairman;
and
(b)
not more
than fifteen other members, who shall, in the opinion of
the President, be persons of unquestionable integrity
and sound political judgment.
11.
(1) The Commission shall without
prejudice to the powers vested in the President, the National
Judicial Council, the Federal Judicial Service Commission, the
National Population Commission and the Police Service
Commission, have power -
(a)
to appoint
persons to offices in the Federal Civil Service; and
(b)
to dismiss
and exercise disciplinary control over persons holding
such offices.
(2)
The Commission shall not exercise
any of its powers under sub-paragraph (1) of this paragraph
in respect of such offices of heads of divisions of
Ministries or of departments of the government of the
Federation as may, from time to time, be designated by an
order made by the President except after consultation with
the Head of the Civil Service of the Federation.
E - Federal Judicial Service Commission
12. The Federal Judicial Service Commission shall comprise the
following members -
(a)
the Chief Justice of Nigeria, who shall be the Chairman;
(b)
the President of the Court of Appeal;
(c)
the Attorney-General of the Federation;
(d)
the Chief Judge of the Federal High Court;
(e)
two persons, each of whom has been qualified to practice
as a legal practitioner in Nigeria for a period of not
less than fifteen years, from a list of not less than
four persons so qualified and recommended by the
Nigerian Bar Association; and
(f)
two other persons, not being legal practitioners, who in
the opinion of the President are of unquestionable
integrity.
13. The Commission shall have power to -
(a)
advise the
National Judicial Council in nominating persons for
appointment, as respects appointments to the office of -
(i)
the Chief Justice of Nigeria;
(ii)
a Justice of the Supreme Court;
(iii)
the President of the Court of Appeal;
(iv)
a Justice of the Court of Appeal;
(v)
the Chief Judge of the Federal High Court;
(vi)
a Judge of the Federal High Court; and
(iv)
the Chairman and members of the Code of Conduct
Tribunal.
(b)
recommend to the
National Judicial Council, the removal from office of the
judicial officers specified in sub-paragraph (a) of this
paragraph; and
(c)
appoint, dismiss and exercise
disciplinary control over the Chief Registrars and Deputy
Chief Registrars of the Supreme Court, the Court of Appeal,
the Federal High Court and all other members of the staff of
the judicial service of the Federation not otherwise specified
in this Constitution and of the Federal Judicial Service
Commission.
F - Independent National Electoral Commission
14. (1)
The Independent National Electoral Commission shall comprise
the following members -
(a)
a Chairman,
who shall be the Chief Electoral Commissioner; and
(b)
twelve
other members to be known as National Electoral
Commissioners, who shall be persons of unquestionably
integrity and not less than fifty years and forty years
of age, respectively.
(2)
There shall be
for each State of the Federation and the Federal Capital
Territory, Abuja, a Resident Electoral Commissioner who
shall -
(a)
be
appointed by the President;
(b)
be persons
of unquestionable integrity;
(c)
not be less
than forty years of age.
15. The Commission shall have power to -
(a)
organise,
undertake and supervise all elections to the offices of
the President and Vice-President, the Governor and
Deputy Governor of a State, and to the membership of the
Senate, the House of Representatives and the House of
Assembly of each State of the Federation;
(b)
register
political parties in accordance with the provisions of
this Constitution and an Act of the National Assembly;
(c)
monitor the
organisation and operation of the political parties,
including their finances;
(d)
arrange for
the annual examination and auditing of the funds and
accounts of political parties, and publish a report on
such examination and audit for public information;
(e)
arrange and
conduct the registration of persons qualified to vote
and prepare, maintain and revise the register of voters
for the purpose of any election under this Constitution;
(f)
monitor
political campaigns and provide rules and regulations
which shall govern the political parties;
(g)
ensure that
all Electoral Commissioners, Electoral and Returning
Officers take and subscribe the Oath of Office
prescribed by law;
(h)
delegate
any of its powers to any Resident Electoral
Commissioner; and
(i)
carry out such other functions
as may be conferred upon it by an Act of the National
Assembly.
G - National Defence Council
16. The National Defence Council shall comprise the following
members -
(a)
the
President who shall be the Chairman;
(b)
the
Vice-President who shall be the Deputy Chairman;
(c)
the
Minister of the Government of the Federation responsible
for defence;
(d)
the Chief
of Defence Staff;
(e)
the Chief
of Army Staff;
(f)
the Chief
of Naval Staff;
(g)
the Chief
of Air Staff; and
(h)
such other
members as the President may appoint.
17. The Council shall have power to advise the President on
matters relating to the defence of the sovereignty and
territorial integrity of Nigeria.
H - National Economic Council
18. The National Economic Council shall comprise the following
members -
(a)
the
Vice-President who shall be the Chairman;
(b)
the
Governor of each State of the Federation; and
(c)
the
Governor of the Central Bank of Nigeria established
under the Central Bank of Nigeria Decree 1991 or any
enactment replacing that Decree.
19. The National Economic Council shall have power to advise
the President concerning the economic affairs of the
Federation, and in particular on measures necessary for the
co-ordination of the economic planning efforts or economic
programmes of the various Governments of the Federation.
I - National Judicial Council
20. The National Judicial Council shall comprise the following
members -
(a)
the Chief
Justice of Nigeria who shall be the Chairman
(b)
the next
most senior Justice of the Supreme Court who shall be
the Deputy Chairman;
(c)
the
President of the Court of Appeal;
(d)
five
retired Justices selected by the Chief Justice of
Nigeria from the Supreme Court or Court of Appeal;
(e)
the Chief
Judge of the Federal High Court;
(f)
five Chief
Judges of States to be appointed by the Chief Justice of
Nigeria from among the Chief Judges of the States and of
the High Court of the Federal Capital Territory, Abuja
in rotation to serve for two years;
(g)
one Grand
Kadi to be appointed by the Chief Justice of Nigeria
from among Grand Kadis of the Sharia Courts of Appeal to
serve in rotation for two years;
(h)
one
President of the Customary Court of Appeal to be
appointed by the Chief Justice of Nigeria from among the
Presidents of the Customary Courts of Appeal to serve in
rotation for two years;
(i)
five
members of the Nigerian Bar Association who have been
qualified to practice for a period of not less than
fifteen years, at least one of whom shall be a Senior
Advocate of Nigeria, appointed by the Chief Justice of
Nigeria on the recommendation of the National Executive
Committee of the Nigerian Bar Association to serve for
two years and subject to re-appointment.
Provided that the five members shall
sit in the Council only for the purposes of considering
the names of persons for appointment to the superior
courts of record; and
(j)
two persons
not being legal practitioners, who in the opinion of the
Chief Justice of Nigeria, are of unquestionable
integrity.
21. The National Judicial Council shall
have power to -
(a)
recommend
to the President from among the list of persons
submitted to it by -
(i)
the
Federal Judicial Service Commission, persons for
appointment to the offices of the Chief Justice of
Nigeria, the Justices of the Supreme Court, the
President and Justices of the Court of Appeal, the
Chief Judge and Judges of the Federal High Court, and
(ii)
the
Judicial Service Committee of the Federal Capital
Territory, Abuja, persons for appointment to the
offices of the Chief Judge and Judges of the High
Court of the Federal Capital Territory, Abuja, the
Grand Kadi and Kadis of the Sharia Court of Appeal of
the Federal Capital Territory, Abuja and the President
and Judges of the Customary Court of Appeal of the
Federal Capital Territory, Abuja;
(b)
recommend
to the President the removal from office of the judicial
officers specified in sub-paragraph (a) of this
paragraph and to exercise disciplinary control over such
officers;
(c)
recommend
to the Governors from among the list of persons
submitted to it by the State Judicial Service
Commissions persons for appointments to the offices of
the Chief Judges of the States and Judges of the High
Courts of the States, the Grand Kadis and Kadis of the
Sharia Courts of Appeal of the States and the Presidents
and Judges of the Customary Courts of Appeal of the
States;
(d)
recommend
to the Governors the removal from the office of the
judicial officers in sub-paragraph (c) of this
paragraph, and to exercise disciplinary control over
such officers.
(e)
collect,
control and disburse all moneys, capital and recurrent,
for the judiciary;
(f)
advise the
President and Governors or any matter pertaining to the
judiciary as may be referred to the Council by the
President or the Governors;
(g)
appoint,
dismiss and exercise disciplinary control over members
and staff of the Council;
(h)
control and
disburse all monies, capital and recurrent; for the
services of the Council; and
(i)
deal with
all other matters relating to broad issues of policy and
administration.
22. The Secretary of the Council shall be appointed by the
National Judicial Council on the recommendation of the Federal
Judicial Service Commission and shall be a legal practitioner.
J - National Population Commission
23. The National Population Commission shall comprise the
following members -
(a)
a Chairman;
and
(b)
one person
from each State of the Federation and the Federal
Capital Territory, Abuja.
24. The Commission shall have power to -
(a)
undertake
periodical enumeration of population through sample
surveys, censuses or otherwise;
(b)
establish
and maintain a machinery for continuous and universal
registration of births and deaths throughout the
Federation;
(c)
advise the
President on population matters;
(d)
publish and
provide information and data on population for the
purpose of facilitating economic and development
planning; and
(e)
appoint and train or arrange
for the appointment and training of enumerators or the
staff of the Commission.
K - National Security Council
25. The National Security Council shall comprise the following
members -
(a)
the
President who shall be the Chairman;
(b)
the
Vice-President who shall be the Deputy Chairman;
(c)
the Chief
of Defence Staff;
(d)
the
Minister of the Government of the Federation charged
with the responsibility for internal affairs.
(e)
the
Minister of the Government of the Federation charged
responsibility for defence;
(f)
the
Minister of the Government of the Federation charged
with the responsibility for foreign affairs;
(g)
the
National Security Adviser
(h)
the
Inspector-General of Police; and
(i)
such other
persons as the President may in his discretion appoint.
26. The Council shall have power to advise the President on
matters relating to public security including matters relating
to any organisation or agency established by law for ensuring
the security of the Federation.
L - Nigeria Police Council
27. The Nigeria Police Council shall comprise the following
members -
(a)
the
President who shall be the Chairman;
(b)
the
Governor of each State of the Federation;
(c)
the
Chairman of the Police Service Commission; and
(d)
the
Inspector-General of Police
28. The functions of the Nigeria Police
Council shall include -
(a)
the
organisation and administration of the Nigeria Police
Force and all other matters relating thereto (not being
matters relating to the use and operational control of
the Force or the appointment, disciplinary control and
dismissal of members of the Force);
(b)
the general
supervision of the Nigeria Police Force; and
(c)
advising the President on the
appointment of the Inspector-General of Police.
M - Police Service Commission
29. The Police Service Commission shall comprise the following
members -
(a)
a Chairman;
and
(b)
such number
of other persons, not less than seven but not more than
nine, as may be prescribed by an Act of the National
Assembly.
30. The Commission shall have power to -
(a)
appoint
persons to offices (other than office of the
Inspector-General of Police) in the Nigeria Police
Force; and
(b)
dismiss and exercise
disciplinary control over persons holding any office
referred to in sub-paragraph (a) of this paragraph.
N - Revenue Mobilisation Allocation and Fiscal Commission
31. The Revenue Mobilisation Allocation and Fiscal Commission
shall comprise the following members -
(a)
a Chairman;
and
(b)
one member
from each State of the Federation and the Federal
Capital Territory, Abuja who in the opinion of the
President are persons of unquestionable integrity with
requisite qualifications and experience.
32. The Commission shall have power to -
(a)
monitor the
accruals to and disbursement of revenue from the
Federation Account;
(b)
review,
from time to time, the revenue allocation formulae and
principles in operation to ensure conformity with
changing realities.
Provided that any revenue formula
which has been accepted by an Act of the National
Assembly shall remain in force for a period of not less
than five years from the date of commencement of the
Act;
(c)
advise the
Federal and State Governments on fiscal efficiency and
methods by which their revenue can be increased;
(d)
determine
the remuneration appropriate for political office
holders, including the President, Vice-President,
Governors, Deputy Governors, Ministers, Commissioners,
Special Advisers, Legislators and the holders of the
offices mentioned in sections 84 and 124 of this
Constitution; and
(e)
discharge such other functions
as are conferred on the Commission by this Constitution
or any Act of the National Assembly.
Part II
State's Executive Bodies
(Established by section 197)
A - State Civil Service Commission
1. A State Civil Service Commission shall comprise the
following members -
(a)
a Chairman;
and
(b)
not less
than two and not more than four other persons, who
shall, in the opinion of the Governor, be persons of
unquestionable integrity and sound political judgment.
2.
(1) The Commission shall have power
without prejudice to the powers vested in the Governor and the
State Judicial Service Commission to -
(a)
appoint
persons to offices in the State civil service; and
(b)
dismiss and
exercise disciplinary control over persons holding such
offices.
2.
The Commission shall not exercise
any of its powers under sub-paragraph (1) of this paragraph
in respect of such offices of heads of divisions of
Ministries or of departments of the Government of the State
as may from time to time be designated by an order made by
the Governor except after consultation with the Head of the
Civil Service of the State.
B - State Independent Electoral Commission
3. A State Independent Electoral Commission shall comprise the
following members -
(a)
a Chairman; and
(b)
not less than
five but not more than seven other persons.
4. The Commission shall have power-
(a)
to organise,
undertake and supervise all elections to local government
councils within the State.
(b)
to render such advice as it may
consider necessary to the Independent National Electoral
Commission on the compilation of and the register of voters
in so far as that register is applicable to local government
elections in the State.
C - State Judicial Service Commission
5. A State Judicial Service Commission shall comprise the
following members -
(a)
the Chief Judge
of the State, who shall be the Chairman;
(b)
the Attorney
General of the State;
(c)
the Grand Kadi
of the Sharia Court of Appeal of the State, if any;
(d)
the President
of the Customary Court of Appeal of the State, if any;
(e)
two members,
who are legal practitioners, and who have been qualified to
practice as legal practitioners in Nigeria for not less than
ten years; and
(f)
two other
persons, not being legal practitioners, who in the opinion
of the Governor are of unquestionable integrity.
6. The Commission shall have power to -
(a)
advise the
National Judicial Council on suitable persons for nomination
to the office of -
(i)
the Chief
Judge of the State
(ii)
the Grand
Kadi of the Sharia Court of Appeal of the State, if any,
(iii) the President of the Customary
Court of Appeal of the State, if any,
(iii)
the
President of the Customary Court of Appeal of the State,
if any,
(iv)
Judges of
the High Court of the State,
(v)
Kadis of
the Sharia Court of Appeal of the State, if any, and
(vi)
Judges of
the Customary Court of Appeal of the State, if any;
(b)
subject to the
provisions of this Constitution, to recommend to the
National Judicial Council the removal from the office of the
judicial officers specified in sub-paragraph (a) of this
paragraph; and
(c)
to appoint, dismiss and exercise
disciplinary control over the Chief Registrar and Deputy
Chief Registrar of the High Court, the Chief Registrars of
the Sharia Court of Appeal and Customary Court of Appeal,
Magistrates, Judges and members of Area Courts and Customary
Courts and all other members of the staff of the judicial
service of the State not otherwise specified in this
Constitution.
Part III
Federal Capital Territory, Abuja Executive Body
(Established under Section 304)
Judicial Service Committee of the Federal Capital Territory, Abuja
1. The Judicial Service Committee of the Federal Capital
Territory, Abuja shall comprise the following members -
(a)
the Chief
Judge of the Federal Capital Territory, Abuja who shall
be the Chairman.
(b)
the
Attorney-General of the Federation;
(c)
the Grand
Kadi of the Sharia Court of Appeal of the Federal
Capital Territory, Abuja;
(d)
the
President of the Customary Court of Appeal of the
Federal Capital Territory, Abuja;
(e)
one person
who is a legal practitioner and who has been qualified
to practice as a legal practitioner in Nigeria for a
period of not less than twelve years; and
(f)
one other
person, not being practitioner, who in the opinion of
the President is of unquestionable integrity.
2. The Committee shall have power -
(a)
to
recommend to the National Judicial Council suitable
persons for nomination for appointment to the office of
-
(i)
the Chief
Judge of the Federal Capital Territory, Abuja,
(ii)
a Judge
of the High Court of the Federal Capital Territory,
Abuja,
(iii)
the
Grand Kadi of the Sharia Court of Appeal of the
Federal Capital Territory, Abuja
(iv)
the
President of the Customary Court of Appeal of the
Federal Capital Territory, Abuja,
(v)
a Kadi of
the Sharia Court of Appeal of the Federal Capital
Territory, Abuja,
(vi)
a Judge
of the Customary Court of Appeal of the Federal
Capital Territory, Abuja.
(b)
subject to
the provisions of this Constitution, to recommend to the
National Judicial Council the removal from office of the
Judicial officers specified in sub-paragraph (a) of this
paragraph;
(c)
to appoint, promote and
exercise disciplinary control over the Chief Registrar
and Deputy Chief Registrars of the High Court, the
Sharia Court of Appeal and the Customary Court of Appeal
of the Federal Capital Territory, Abuja, magistrates,
the judges and members of the District and Area Courts
of the Federal Capital Territory, Abuja, if any, and all
other members of the staff of the judicial service of
the Federal Capital Territory, Abuja not otherwise
specified in this Constitution and of the Judicial
Service Committee of the Federal Capital Territory,
Abuja.
1. The main functions of a local government council are as
follows:
(a)
the consideration and
the making of recommendations to a State
commission on economic planning or any similar
body on -
(i)
the economic
development of the State, particularly in so far
as the areas of authority of the council and of
the State are affected, and
(ii)
proposals made by the
said commission or body;
(b)
collection of rates, radio and
television licences;
(c)
establishment and maintenance
of cemeteries, burial grounds and homes for the
destitute or infirm;
(d)
licensing of bicycles, trucks
(other than mechanically propelled trucks), canoes,
wheel barrows and carts;
(e)
establishment, maintenance and
regulation of slaughter houses, slaughter slabs,
markets, motor parks and public conveniences;
(f)
construction and maintenance
of roads, streets, street lightings, drains and other
public highways, parks, gardens, open spaces, or such
public facilities as may be prescribed from time to time
by the House of Assembly of a State;
(g)
naming of roads and streets
and numbering of houses;
(h)
provision and maintenance of
public conveniences, sewage and refuse disposal;
(i) registration of all births, deaths and marriages;
(j)
assessment of privately owned
houses or tenements for the purpose of levying such
rates as may be prescribed by the House of Assembly of a
State; and
(k)
control and regulation of -
(i)
out-door advertising
and hoarding,
(ii)
movement and keeping
of pets of all description,
(iii)
shops and kiosks,
(iv)
restaurants, bakeries
and other places for sale of food to the public,
(v)
laundries, and
(vi)
licensing, regulation
and control of the sale of liquor.
2. The functions of a local government council shall
include participation of such council in the Government
of a State as respects the following matters -
the
provision and maintenance of primary, adult and
vocational education;
(b)
the development of
agriculture and natural resources, other than the
exploitation of materials
(c)
the provision and
maintenance of health services; and
(d)
such other functions as
may be conferred on a local government council by
the House of Assembly of the State.
1. A public officer shall not put himself in a position
where his personal interest conflicts with his duties
and responsibilities.
2. Without prejudice to the
generality of the foregoing paragraph, a public officer
shall not
(a)
receive or be paid the
emoluments of any public office at the same time
as he receives or is paid the emoluments of any
other public office; or
3. The President, Vice -President,
Governor, Deputy Governor, Ministers of the Government
of the Federation and Commissioners of the Governments
of the States, members of the National Assembly and of
the Houses of Assembly of the States, and such other
public officers or persons as the National Assembly may
by law prescribe shall not maintain or operate a bank
account in any country outside Nigeria.
4.
(1)
A public officer shall not, after his retirement from
public service and while receiving pension from public
funds, accept more than one remuneration position as
chairman, director or employee of -
(a)
a company owned or
controlled by the government; or
(b)
any public authority.
(2)
a retired
public servant shall not receive any other
remuneration from public funds in addition to his
pension and the emolument of such one remunerative
position.
5.
(1)
Retired public officers who have held offices to which
this paragraph applies are prohibited from service or
employment in foreign companies or foreign enterprises.
(2)
This
paragraph applies to the offices of President,
Vice-President, Chief Justice of Nigeria, Governor and
Deputy governor of a State.
6.
(1)
A public officer shall not ask for or accept property or
benefits of any kind for himself or any other person on
account of anything done or omitted to be done by him in
the discharge of his duties.
(2)
for the
purposes of sub-paragraph (1) of this paragraph, the
receipt by a public officer of any gifts or benefits
from commercial firms, business enterprises or persons
who have contracts with the government shall be
presumed to have been received in contravention of the
said sub-paragraph unless the contrary is proved.
(3)
A public
officer shall only accept personal gifts or benefits
from relatives or personal friends to such extent and
on such occasions as are recognised by custom:
Provided that any gift or donation
to a public officer on any public or ceremonial
occasion shall be treated as a gift to the appropriate
institution represented by the public officer, and
accordingly, the mere acceptance or receipt of any
such gift shall not be treated as a contravention of
this provision.
7. The President or Vice-President,
Governor or Deputy Governor, Minister of the Government
of the Federation or Commissioner of the Government of a
State, or any other public officer who holds the office
of a Permanent Secretary or head of any public
corporation, university, or other parastatal
organisation shall not accept -
(a)
a loan, except from
government or its agencies, a bank, building
society, mortgage institution or other financial
institution recognised by law,; and
(b)
any benefit of whatever
nature from any company, contractor, or
businessman, or the nominee or agent of such
person:
Provided that the head of a public corporation or
of a university or other parastatal organisation
may, subject to the rules and regulations of the
body, accept a loan from such body.
8. No persons shall offer a public
officer any property, gift or benefit of any kind as an
inducement or bribe for the granting of any favour or
the discharge in his favour of the public officer’s
duties.
9. A public officer shall not do or
direct to be done, in abuse of his office, any arbitrary
act prejudicial to the rights of any other person
knowing that such act is unlawful or contrary to any
government policy.
10. A public officer shall not be a
member of, belong to, or take part in any society the
membership of which is incompatible with the functions
or dignity of his office.
11.
(1)
Subject to the provisions of this Constitution, every
public officer shall within three months after the
coming into force of this Code of Conduct or immediately
after taking office and thereafter -
(a)
at the end of every four
years; and
(b)
at the end of his term
of office, submit to the Code of Conduct Bureau a
written declaration of all his properties, assets,
and liabilities and those of his unmarried
children under the age of eighteen years.
(2)
Any
statement in such declaration that is found to be
false by any authority or person authorised in that
behalf to verify it shall be deemed to be a breach of
this Code.
(3)
Any
property or assets acquired by a public officer after
any declaration required under this Constitution and
which is not fairly attributable to income, gift, or
loan approved by this Code shall be deemed to have
been acquired in breach of this Code unless the
contrary is proved.
12. Any allegation that a public
officer has committed a breach of or has not complied
with the provisions of this Code shall be made to the
Code of Conduct Bureau.
13. A public officer who does any act
prohibited by this Code through a nominee, trustee, or
other agent shall be deemed ipso facto to have committed
a breach of this Code,
14. In its application to public
officers -
(a)
Members of legislative
houses shall be exempt from the provisions of
paragraph 4 of this Code; and
(b)
the National Assembly
may by law exempt any cadre of public officers
from the provisions of paragraphs 4 and 11 of this
Code if it appears to it that their position in
the public service is below the rank which it
considers appropriate for the application of those
provisions.
Code of Conduct Tribunal
15. (1)
There shall be established a tribunal to be known as
Code of Conduct Tribunal which shall consist of a
Chairman and two other persons.
(2)
The
Chairman shall be a person who has held or is
qualified to hold office as a Judge of a Court of
record in Nigeria and shall receive such remuneration
as may be prescribed by law.
(3)
The
Chairman and members of the Code of Conduct Tribunal
shall be appointed by the President in accordance with
the recommendation of the National Judicial Council.
(4)
The
National Assembly may by law confer on the Code of
Conduct Tribunal such additional powers as may appear
to it to necessary to enable it more effectively to
discharge the functions conferred on it in this
Schedule.
16.
(1)
The tenure of office of the staff of the Code of Conduct
Tribunal shall, subject to the provisions of this Code,
be the same as that provided for in respect of officers
in the civil service of the Federation.
(2)
The power
to appoint the staff of the Code of Conduct Tribunal
and to exercise disciplinary control over them shall
vest in the members of the Code of Conduct Tribunal
and shall be exercisable in accordance with the
provisions of an Act of the National Assembly enacted
in that behalf.
17.
(1)
Subject to the provisions of this paragraph, a person
holding the office of Chairman or member of the Code of
Conduct Tribunal shall vacate his office when he attains
the age of seventy years.
(2)
A person
who has held office as Chairman or member of the Code
of Conduct Tribunal for a period of not less than ten
years shall, if he retires at the age of seventy
years, be entitled to pension for life at a rate
equivalent to his last annual salary in addition to
other retirement benefits to which he may be entitled.
(3)
A person
holding the office of Chairman or member of the Code
of Conduct Tribunal shall not be removed from his
office or appointment by the President except upon an
address supported by two-thirds majority of each House
of the National Assembly praying that he be so removed
for inability to discharge the functions of the office
in question (whether arising from infirmity of mind or
body) or for misconduct or for contravention of this
Code.
(4)
A person
holding the office of Chairman or member of the Code
of Conduct Tribunal shall not be removed from office
before retiring age save in accordance with the
provisions of this Code.
18.
(1)
Where the Code of Conduct Tribunal finds a public
officer guilty of contravention of any of the provisions
of this Code it shall impose upon that officer any of
the punishments specified under sub-paragraph (2) of
this paragraph and such other punishment as may be
prescribed by the National Assembly.
(2)
The
punishment which the Code of Conduct Tribunal may
impose shall include any of the following -
(a)
vacation of office or
seat in any legislative house, as the case may be;
(b)
disqualification from
membership of a legislative house and from the
holding of any public office for a period not
exceeding ten years; and
(c)
seizure and forfeiture
to the State of any property acquired in abuse or
corruption of office.
(3)
The sanctions mentioned in sub-paragraph (2) hereof
shall be without prejudice to the penalties that may
be imposed by any law where the conduct is also a
criminal offence.
(4)
Where the Code of Conduct Tribunal gives a decision as
to whether or not a person is guilty of a
contravention of any of the provisions of this Code,
an appeal shall lie as of right from such decision or
from any punishment imposed on such person to the
Court of Appeal at the instance of any party to the
proceedings.
(5)
Any right of appeal to the Court of Appeal from the
decisions of the Code of Conduct Tribunal conferred by
sub-paragraph (4) hereof shall be exercised in
accordance with the provisions of an Act of the
National Assembly and rules of court for the time
being in force regulating the powers, practice and
procedure of the Court of Appeal.
(6)
Nothing in this paragraph shall prejudice the
prosecution of a public officer punished under this
paragraph or preclude such officer from being
prosecuted or punished for an offence in a court of
law.
(7)
The provisions of this Constitution relating to
prerogative of mercy shall not apply to any punishment
imposed in accordance with the provisions of this
paragraph.
Interpretation
19. In this Code, unless the context
otherwise requires -"assets" includes any property,
movable and immovable and incomes owned by a person;
"business" means any profession,
vocation, trade, or any adventure or concern in the
nature of trade and excludes farming;
"child" includes a step-child, a
lawfully adopted child, a child born out of wedlock and
any child to whom any individual stands in place of a
parent;
"emolument" means any salary, wage,
over-time or leave pay, commission, fee, bonus,
gratuity, benefit, advantage (whether or not that
advantage is capable of being turned into money or
money's worth), allowance, pension or annuity paid,
given or granted in respect of any employment or office;
"foreign companies" or "foreign
enterprises" means companies or enterprises in which the
Government, its agencies or citizens of Nigeria or whose
policies are determined by persons or organisations
outside Nigeria;
"liabilities" includes
responsibilities according to law to satisfy a debt,
duty or obligation quantifiable in monetary value,
instant and contingent;
"misconduct" means breach of the Oath
of Allegiance or oath of office of a member or breach of
the provisions of this Constitution or a misconduct of
such nature as amounts to bribery or corruption or false
declaration of assets and liabilities;
"public office" means a person
holding any of the offices specified in Part II of this
Schedule; and
"public office" shall not include the chairmanship or
membership of ad hoc tribunals, commissions or
committees
Part II
Public Officers for the purposes of the Code of conduct
1. The President of the Federation.
2. The Vice-President of the
Federation.
3. The President and Deputy President
of the Senate Speakers and Deputy Speaker of the House
of Representatives and Speakers and Deputy Speakers of
Houses of Assembly of States, and all members and staff
of legislative houses.
4. Governors and Deputy Governors of
States.
5. Chief Justice of Nigeria, Justices
of the Supreme Court, President and Justices of the
Court of Appeal, all other judicial officers and all
staff of courts of law.
6. Attorney-General of the Federation
and Attorney-General of each State.
7. Ministers of the Government of the
Federation and Commissioners of the Governments of the
States.
8. Chief of Defence Staff, Chief of
Army Staff, Chief of Naval Staff, Chief of Air Staff and
all members of the armed forces of the Federation.
9. Inspector-General of Police,
Deputy Inspector-General of Police and all members of
the Nigeria Police Force and other government security
agencies established by law.
10. Secretary to the Government of
the Federation, Head of the Civil service, Permanent
Secretaries, Directors-Generals and all other persons in
the civil service of the Federation or of the State.
11. Ambassadors, High Commissioners
and other officers of Nigeria Missions abroad.
12. Chairman, members and staff of
the Code of Conduct Bureau and Code of Conduct Tribunal.
13. Chairman, members and staff of
local government councils.
14. Chairman and members of the
Boards or other governing bodies and staff of statutory
corporations and of companies in which the Federal or
State Governments or local governments councils.
15. All staff of universities,
colleges and institutions owned and financed by the
Federal or State Governments or local government
councils.
16. Chairman, members and staff of
permanent commissions or councils appointed on full time
basis.
Sixth Schedule
Election Tribunals
A-National Assembly Election Tribunal
1. (1)
A National Assembly Election Tribunal shall consist of
a Chairman and four other members.
(2)
The Chairman
shall be a Judge of a High Court and the four other members
shall be appointed from among Judges of a High Court, Kadis
of a Sharia Court of Appeal, Judges of a Customary Court of
Appeal or other members of the judiciary not below the rank
of a Chief Magistrate.
(3)
The Chairman and other members
shall be appointed by the President of the Court of Appeal
in consultation with the Judge of the State, the Grand Kadi
of the Sharia Court of Appeal of the State or the President
of the Customary Court of Appeal of the State, as the case
may be.
B - Governorship and Legislative House Election Tribunal
2. (1)
A Governorship and Legislative Houses Election Tribunal shall
consist of a Chairman and four other members.
(2)
The Chairman
shall be a Judge of a High Court and the four other members
shall be appointed from among Judges of a High Court, Kadis
of a Sharia Court of Appeal, Judges of a Customary Court of
Appeal or members of the judiciary not below the rank of a
Chief Magistrate.
(3)
The Chairman and other members
shall be appointed by the President of the Court of Appeal
in consultation with the Chief Judge of the State, the Grand
Kadi of the Sharia Court of Appeal of the State or the
President of the Customary Court of Appeal of the State, as
the case may be.
Seventh Schedule
Oaths
Oaths of Allegiance
1, ………. Do solemnly swear/affirm that I will be faithful and bear
true allegiance to the Federal Republic of Nigeria and that I will
preserve, protect and defend the Constitution of the Federal
Republic of Nigeria
So help me God
Oath of Office of President
I, .............. do solemnly swear/affirm that I will be faithful
and bear true allegiance to the Federal Republic of Nigeria; that
as President of the Federal Republic of Nigeria, I will discharge
my duties to the best of my ability, faithfully and in accordance
with the Constitution of the Federal Republic of Nigeria and the
law, and always in the interest of the sovereignty, integrity,
solidarity, well-being and prosperity of the Federal Republic of
Nigeria; that I will strive to preserve the Fundamental Objectives
and Directive Principles of State Policy contained in the
Constitution of the Federal Republic of Nigeria; that I will not
allow my personal interest to influence my official conduct or my
official decisions; that I will to the best of my ability
preserve, protect and defend the Constitution of the Federal
Republic of Nigeria; that I will abide by the Code of Conduct
contained in the Fifth Schedule to the Constitution of the Federal
Republic of Nigeria; that in all circumstances, I will do right to
all manner of people, according to law, without fear or favour,
affection or ill-will; that I will not directly or indirectly
communication or reveal to any person any matter which shall be
brought under my consideration or shall become known to me as
President of the Federal Republic of Nigeria, except as may be
required for the due discharge of my duties as President; and that
I will devote myself to the service and well-being of the people
of Nigeria. So help me God.
Oath of Office of Governor of a State
I, ......... do solemnly swear/affirm that I will be faithful and
bear true allegiance to the Federal Republic of Nigeria; that as
the Governor of ......... State, I will discharge my duties to the
best of my ability, faithfully and in accordance with the
Constitution of the Federal Republic of Nigeria and the law, and
always in the interest of the sovereignty, integrity, solidarity,
well-being and prosperity of the Federal Republic of Nigeria; that
I will strive to preserve the Fundamental Objectives and Directive
Principles of State Policy contained in the Constitution of the
Federal Republic of Nigeria; that I will exercise the authority
vested in me as Governor so as not to impede or prejudice the
authority lawfully vested in the President of the Federal Republic
of Nigeria and so as not to endanger the continuance of Federal
Government in Nigeria; that I will not allow my personal interest
to influence my official conduct or my official decisions; that I
will to the to the best of my ability preserve, protect and defend
the Constitution of the Federal Republic of Nigeria; that I will
abide by the Code of Conduct contained in the Fifty Schedule to
the Constitution of the Federal Republic of Nigeria; that in all
circumstances, I will do right to all manner of people, according
to law, without fear or favour, affection or ill-will; that I will
not directly or indirectly communicate or reveal to any person any
matter which shall be brought under my consideration or shall
become known to me as Governor of ......... State, except as may
be required for the due discharge of my duties as Governor; and
that I will devote myself to the service and well-being of the
people of Nigeria.
So help me God.
Oath of Office of Vice-President, Deputy Governor, Minister,
Commissioner or Special Adviser
I, .......... do solemnly swear/affirm that I will be faithful and
bear true allegiance to the Federal Republic of Nigeria; that as
Vice-President of the Federal Republic of Nigeria/Deputy Governor
of ....... State/Minister of the Government of the
Federation/Commissioner of the Government ........ State/Special
Adviser to ........, I will discharge my duties to the best of my
ability, faithfully and in accordance with the Constitution of the
Federal Republic of Nigeria and the law, and always in the
interest of the sovereignty, integrity, solidarity, well-being and
prosperity of the Federal Republic of Nigeria; that I will strive
to preserve the Fundamental Objectives and Directive Principles of
State Policy contained in the Constitution of the Federal Republic
of Nigeria; that I will not allow my personal interest to
influence my official conduct or my official decisions, that I
will to the best of my ability preserve, protect and defend the
Constitution of the Federal Republic of Nigeria; that I will abide
by the Code of Conduct contained in the Fifth Schedule to the
Constitution of the Federal Republic of Nigeria; that in all
circumstances, I will do right to all manner of people, according
to law, without fear or favour, affection or ill-will; that I will
not directly or indirectly communicate or reveal to any person any
matter which shall be brought under my consideration or shall
become known to me as Vice-President of the Federal Republic of
Nigeria/Deputy Governor of ..... State/Minister of the Government
of the Federation/Commissioner of ...... State/Special Adviser to
......... except as may be required for the due discharge of my
duties as Vice President/Deputy Governor of .......
State/Minister/Commissioner/Special Adviser.
So help me God.
Oath of a Member of the National Assembly or of a House of
Assembly
I, ..... do solemnly swear/affirm that I will be faithful and bear
true allegiance to the Federal Republic of Nigeria; that as a
Member of the Senate/House of Representatives/ ..... House of
Assembly, I will perform my functions honestly to the best of my
ability, faithfully and in accordance with the Constitution of the
Federal Republic of Nigeria and the law, and the rules of the
Senate/House of Representatives/ ...... House of Assembly and
always in the interest of the sovereignty, integrity, solidarity,
well-being and prosperity of the Federal Republic of Nigeria; that
I will strive to preserve the Fundamental Objectives and Directive
Principles of State Policy contained in the Constitution of the
Federal Republic of Nigeria; and that I will preserve, protect and
defend the Constitution of the Federal Republic of Nigeria; and
that I will abide by the Code of Conduct contained in the Fifth
Schedule of the Constitution of the Federal Republic of Nigeria.
So help me God.
Judicial Oath
I, ...... do solemnly swear/affirm that I will be faithful and
bear true allegiance to the Federal Republic of Nigeria; that as
Chief Justice of Nigeria/Justice of the Supreme
Court/President/Justice of the Court of Appeal/Chief Judge/Judge
of the Federal High Corut/Chief Judge/Judge of the High Court of
the Federal Capital Territory, Abuja/Chief Judge of ......
State/Judge of the High Court of ...... State/Grand Kadi/Kadi of
the Sharia Court of Appeal of the Federal Capital Territory,
Abuja/ Grand Kadi/Kadi of the Sharia Court of Appeal of ....
State/President/Judge of the Customary Court of Appeal of the
Federal Capital Territory, Abuja/President/Judge of the Customary
Court of Appeal of ......... State. I will discharge my duties,
and perform my functions honestly, to the best of my ability and
faithfully in accordance with the Constitution of the Federal
Republic of Nigeria and the law, that I will abide by the Code of
Conduct contained in the Fifth Schedule to the Constitution of the
Federal Republic of Nigeria; that I will not allow my personal
interest to influence my official conduct or my official
decisions; that I will preserve, protect and defend the
Constitution of the Federal Republic of Nigeria
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