Constitution of the Federal Republic of Nigeria 1999

Table of Contents

The Constitution of Nigeria, 1999, ushered in democratic rule to the Country after a time of military regime. It started the first republic with President Olusegun Obasanjo as the executive president of the state.

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Arrangement of sections

Chapter I – General Provisions

Part I
Federal Republic of Nigeria
1. Supremacy of constitution

2. The Federal Republic of Nigeria

3. States of the Federation and the Federal Capital Territory, Abuja
Part II
Powers of the Federal Republic of Nigeria
4. Legislative powers

5. Executive powers

6. Judicial powers

7. Local government system

8. New states and boundary adjustment, etc.

9. Mode of altering provisions of the constitution

10. Prohibition of State Religion

11. Public order and public security

12. Implementation of treaties

Chapter II – Fundamental Objectives and directive Principles of State Policy

13. Fundamental obligations of the Government

14. The Government and the people

15. Political objectives

16. Economic objectives

17. Social objectives

18. Educational objectives

19. Foreign policy objectives

20. Environmental objectives

21. Directive on Nigeria cultures

22. Obligation of the mass media

23. National ethics

24. Duties of the citizen

Chapter III – Citizenship

25. Citizenship by birth

26. Citizenship by registration

27. Citizenship by naturalisation

28. Dual citizenship

29. Renunciation of citizenship

30. Deprivation of citizenship

31. Persons deemed to be Nigerian citizens

32. Power to make regulations

Chapter IV – Fundamental Rights

33. Right to life

34. Right to dignity of human persons

35. Right to personal liberty

36. Right to fair hearing

37. Right to private and family life

38. Right to freedom of thought, conscience and religion

39. Right to freedom of expression and the press

40. Right to peaceful assembly and association

41. Right to freedom of movement

42. Right to freedom from discrimination

43. Right to acquire and own immovable property

44. Compulsory acquisition of property

45. Restriction on and derogation from fundamental human rights

46. Special jurisdiction of High Court and Legal aid

Chapter V – The Legislature

Part I – National Assembly
A – Composition and Staff of National Assembly

47. Establishment of National Assembly

48. Composition of the Senate

49. Composition of the House of Representatives

50. President of the senate and speaker of the House of Representatives

51. Staff of the National Assembly

B – Procedure for Summoning and Dissolution of National Assembly

52. Declaration of assets and liabilities ;oath of members

53. Presiding at sitting of the National Assembly and at joint sittings

57. Unqualified person sitting or voting

58. Mode of exercising Federal Legislative power: general

59. Mode of exercising Federal Legislative power: money bills

60. Regulation of procedure

61. Vacancy or participation of strangers not to invalidate proceedings

64. Dissolution and issue of proclamations by president

C – Qualifications for Membership of National Assembly and Right of Attendance

65. Qualifications for election

66. Disqualifications

67. Right of attendance of President

68. Tenure of Seat of Members

70. Remuneration

D – Elections to National Assembly

71. Senatorial districts and Federal constituencies

72. Size of Senatorial districts and Federal constituencies

73. Periodical review of Senatorial districts and Federal constituencies

74. Time when alteration of senatorial districts or Federal constituencies takes effects

75. Ascertainment of population

76. Time of Election to the National Assembly

77. Direct Election and franchise

78. Supervision of election

79. Power of the National Assembly as to determination of certain questions.

E – Powers and Control over Public Funds

80. Establishment of Consolidated Revenue Fund

81. Authorisation of expenditure from Consolidated Revenue Fund

82. Authorisation of expenditure in default appropriations

83. Contingencies Fund

84. Remuneration, etc. of the President and certain other officers

85. Audit of Public accounts

86. Appointment of Auditor-General

87. Tenure of office of Auditor-General

88. Power to conduct investigations

89. Power as to matters of evidence

Part II – House of Assembly of a State
A – Composition and Staff of House of Assembly

90. Establishment of House of assembly for each State

91 Composition of the House of Assembly

92. Speaker of House of Assembly

93. Staff of house of Assembly

B – Procedure for Summoning and Dissolution of House of Assembly

94. Declaration of assets and liabilities; oaths of members

95. Presiding at sittings

99. Unqualified person sitting or voting

100. Mode of exercising legislative power of a state

101. Regulation of procedure

102. Vacancy or participation of strangers not to invalidate proceedings

103. Committees

105. Dissolution and issue of proclamation by Governor

C – Qualification for Membership of House of Assembly and Right of Attendance

106. Qualifications for election

107. Disqualifications

108. Right of attendance of President

109. Tenure of Seat of Members

110. Recall 111 Remuneration

D – Elections to a House of Assembly

112. State constituencies

113. Size of state constituencies

114. Periodical review of State constituencies

115. Time when alteration of state constituencies takes effect

116. Time of elections to Houses of Assembly

117. Direct election and franchise

118. Supervision and election

119. Power of National Assembly as to determination of certain questions

E – Powers and control over Public Funds

120. Establishment of Consolidated Revenue Fund

121. Authorisation of expenditure from Consolidated Revenue fund

122. Authorisation of expenditure in default of appropriations

123. Contingencies Fund

124. Remuneration, etc. of the governor and certain other officers

125. Audit of Public accounts

126. Appointment of Auditor-General

127. Tenure of office of Auditor-General

128. Power to conduct investigations

129. Power as to matters of evidence

Chapter VI – The Executive

Part I – Federal Executive
A – The President of the Federation

130. Establishment of the office of President

131. Qualification for election as President

132. Election of the President: general

133. Election: single presidential candidate

134. Election: two or more presidential candidates

135. Tenure of office of President

136. Death, etc. of president-elect before oath of office

137. Disqualifications

138. President: disqualification from other jobs

139. Determination of certain questions relating to election

140. Declaration of assets and liabilities; oaths of President

141. Establishment of office of Vice-President

142. Nomination and election of Vice-President

143. Removal of President from office

144. Permanent incapacity of President or Vice-President

145. Acting President during temporary absence of President

146. Discharge of functions of President

147. Ministers of federal Government

148. Executive Responsibilities of Ministers

149. Declaration of Assets and liabilities; oaths of Ministers

150. Attorney-General of the Federation

151. Special Advisers

152. Declaration of assets and Liabilities; oaths of special Adviser

B – Establishment of Certain Federal Executive Bodies

153. Federal Commissions and Councils, etc

154. Appointment of Chairman and members

155. Tenure of office of members

156. Qualification for membership

157. Removal of members

158. Independence of certain bodies

159. Quorum and decisions

160. Powers and Procedure

161. Interpretation

C – Public Revenue

162. Distributable pool account

163. Allocation of other revenues

164. Federal grants-in-aid of State revenue

165. Cost of collection of certain duties

167. Sums charged on consolidated Revenue Fund

168. Provisions with regard to payments

D – The Public Service of the Federation

169. Establishment of civil service of the Federation

170. Federal Civil service Commission: power to delegate functions

171. Presidential appointments

172. Code of Conduct

173. Protection of pension rights

174. Public persecutions

175. Prerogative of mercy

Part II – State Executive
A – The Governor of a State

176. Establishment of office of Governor

177. Qualification for election as Governor

178. Election of Governor: general

179. Election: single candidate and two or more candidates

180. Tenure of office of Governor

181. Death, etc. of Governor before oath of office

182. Disqualifications

183. Governor: disqualification from other jobs

184. Determination of certain questions relating to elections

185. Declaration of assets and liabilities; oaths of office of Governor

186. Establishment of the office of the Deputy Governor

187. Nomination and election of the Deputy Governor Governor

188. Removal of Governor or Deputy Governor from office

189. Permanent incapacity of Governor or Deputy Governor

190. Acting governor during temporary absence of Governor

191. Discharge of functions of Governor

192. Commissioners of State Government

193. Executive responsibilities of Deputy Governor and Commissioners

194. Declaration of assets and liabilities; oaths of Commissioners

195. Attorney-General of a State 196 Special Advisers

B – Establishment of Certain State Executive Bodies

197. State Commissioners

198. Appointment of Chairman and members

199. Tenure of office of the members

200. Qualification for membership

201. Removal of members

202. Independence of certain bodies

203. Quorum and decisions

204. Powers and procedure

205. Interpretation

C – The Public Service of State

206. Establishment of State Civil Service

207. State Civil Service Commission: Power of delegation

208. Appointments by Governor

209. Code of Conduct

210. Protection of pension rights

211. Public prosecutions

212. Prerogative of mercy

Part III – Supplemental
A – National Population Census

213. National Population census

B – Nigeria Police Force

214. Establishment of Nigeria Police Force

215. Appointment of InspectorGeneral and control of Nigeria Police Force

216. Delegation of powers to the Inspector-General of Police

C – Armed Forces of the Federation

217. Establishment and composition of the armed force of the Federation

218. Command and operational use

219. Establishment of body to ensure federal character of armed forces

220. Compulsory military service

D – Political Parties

221. Prohibition of political activities by certain associations

222. Restrictions on formation of political parties

223. Constitution and rules of political parties

224. Aims and objectives

225. Finances of political parties

226. Annual reports on finances

227. Prohibition of quasi-military organisations

228. Powers of the national assembly with respect to political parties

229. Interpretation

Chapter VII – The Judicature

Part I – Federal Courts
A – The Supreme Court of Nigeria

230. Establishment of the Supreme Court of Nigeria

231. Appointment of Chief justices of Nigeria and justices of the Supreme Court

232. Original jurisdiction

233. Appellate jurisdiction

234. Constitution

235. Finality of determinations

236. Practice and procedure

B – The Court of Appeal

237. Establishment of Court of Appeal

238. Appointment of President and Justices of the Court of Appeal

239. Original jurisdiction

240. Appellate jurisdiction

241. Appeals as of rights from the Federal high Court or a High Court

242. Appeals with leave

243. Exercise of the rights of appeal from the Federal High Court of a High Court in civil and criminal matters

244. Appeals from Sharia court of Appeal

245. Appeals from customary court of appeal

246. Appeal from Code of Conduct Tribunal and other courts and tribunals

247. Constitution

248. Practice and procedure

C – The Federal High Court

249. Establishment of the Federal High Court

250. Appointment of Chief Judge and Judges of the federal high Court

251. Jurisdiction

253. Constitution

254. Practice and procedure

D – The High Court of the Federal Capital Territory, Abuja

255. Establishment of the High Court of the Federal Capital Territory, Abuja

256. Appointment of Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja

257. Jurisdiction

258. Constitution

259. Practice and procedure

E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja

260. Establishment of the Sharia Court of Appeal of the Federal Capital Territory, Abuja

261. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja

262. Jurisdiction

263. Constitution

264. Practice and Procedure

F – The Customary Court of appeal of the Federal Capital Territory, Abuja

265. Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja

266. Appointment of President and Judges of Court of Appeal of the Federal Capital Territory, Abuja

267. Jurisdiction

268. Constitution

269. Practice and Procedure

Part II – State Courts
A – High Court of a State

270. Establishment of a High Court for each State

271. Appointment of Chief Judge and Judges of the High Court of a State

272. Jurisdiction

273. Constitution

274. Practice and Procedure

B – Sharia Court of Appeal of a State

275. Establishment of Sharia Court of Appeal

276. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State

277. Jurisdiction

278. Constitution

279. Practice and Procedure

C – Customary Court of Appeal of a State

280. Establishment of a Customary Court of Appeal

281. Appointment of President and Judges of the Customary Court of Appeal of a State

282. Jurisdiction

283. Constitution

284. Practice and Procedure

Part III – Election Tribunals

285. Establishment and jurisdiction of election tribunals

Part IV – Supplemental

286. Jurisdiction of state courts in respect of federal causes

287. Enforcement of decisions

288. Appointment of persons leaned in Islamic personal law and Customary law

289. Disqualification of certain legal practitioners

290. Declaration of assets and liabilities: oaths of judicial officers

291. Tenure of office and pension rights of judicial officers

292. Removal of other judicial officers from office

294. Determination of causes and matters

295. Reference of questions of law

296. Interpretation

Chapter VIII – Federal Capital Territory, Abuja and General Supplementary Provisions

Part I – Federal Capital Territory, Abuja

297. Federal Capital territory, Abuja: ownership of lands

298. Capital of the federation

299. Application of Constitution

300. Representation in the National Assembly

301. Adaptation of certain references

302. Minister of Federal Capital territory, Abuja

303. Administration of the Federal Capital territory, Abuja

304. Establishment of the Judicial Service Committee of the Federal Capital territory, Abuja

Part II – Miscellaneous Provisions

305. Procedure for proclamation of state of emergency

306. Resignations

307. Restriction on certain citizens

308. Restrictions on legal proceedings

Part III – Transitional Provisions and Savings

309. Citizenship

310. Staff of legislative houses

311. Standing Orders

312. Special provisions in respect of first election

313. System of revenue allocation

314. Debts

315. Existing law

316. Existing offices, courts and authorities

317. Succession to property, rights, liabilities and obligations

Part IV – Interpretation, Citation and Commencement

318. Interpretation

320. Commencement

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Schedules to the 1999 Constitution

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