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Section 206-212 of the Nigerian Constitution 1999

Preamble to the Constitution Section 1 – Supremacy of constitution Section 2 – The Federal Republic of Nigeria Section 3 – States of the Federation and the Federal Capital Territory, Abuja Section 4 – Legislative powers Section 5 – Executive powers Section 6 – Judicial powers Section 7 – Local government system Section 8 – New states and boundary adjustment, etc. Section 9 – Mode of altering provisions of the constitution Section 10 – Prohibition of State Religion Section 11 – Public order and public security Section 12 – Implementation of treaties Section 13-24 – Chapter II [Fundamental Objectives and directive Principles of State Policy] Section 25-32 – Chapter III [Citizenship] Section 33 – Right to life Section 34 – Right to dignity of human persons Section 35 – Right to personal liberty Section 36 – Right to fair hearing Section 37 – Right to private and family life Section 38 – Right to freedom of thought, conscience and religion Section 39 – Right to freedom of expression and the press Section 40 – Right to peaceful assembly and association Section 41 – Right to freedom of movement Section 42 – Right to freedom from discrimination Section 43 – Right to acquire and own immovable property Section 44 – Compulsory acquisition of property Section 45 – Restriction on and derogation from fundamental human rights Section 46 – Special jurisdiction of High Court and Legal aid Section 47-51 [Part I – National Assembly (A – Composition and Staff of National Assembly)] Section 52-64 (B – Procedure for Summoning and Dissolution of National Assembly) Section 65-70 (C – Qualifications for Membership of National Assembly and Right of Attendance) Section 71-79 (D – Elections to National Assembly) Section 80-89 (E – Powers and Control over Public Funds) Section 90-93 [Part II – House of Assembly of a State (A – Composition and Staff of House of Assembly)] Section 94-105 (B – Procedure for Summoning and Dissolution of House of Assembly) Section 106-111 (C – Qualification for Membership of House of Assembly and Right of Attendance) Section 112-119 (D – Elections to a House of Assembly) Section 120-129 (E – Powers and control over Public Funds) Section 130-152 [Part I – Federal Executive (A – The President of the Federation)] Section 153-161 (B – Establishment of Certain Federal Executive Bodies) Section 162-168 (C – Public Revenue) Section 169-175 (D – The Public Service of the Federation) Section 176-196 [Part II – State Executive (A – The Governor of a State)] Section 197-205 (B – Establishment of Certain State Executive Bodies) Section 206-212 (C – The Public Service of State) Section 213 [Part III – Supplemental (A – National Population Census)] Section 214-216 (B – Nigeria Police Force) Section 217-220 (C – Armed Forces of the Federation) Section 221-229 (D – Political Parties) Section 230-236 [Part I – Federal Courts (A – The Supreme Court of Nigeria)] Section 237-248 (B – The Court of Appeal) Section 249-254 (C – The Federal High Court) Section 255-259 (D – The High Court of the Federal Capital Territory, Abuja) Section 260-264 (E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja) Section 265-269 (F – The Customary Court of appeal of the Federal Capital Territory, Abuja) Section 270-274 [Part II – State Courts (A – High Court of a State)] Section 275-279 (B – Sharia Court of Appeal of a State) Section 280-284 (C – Customary Court of Appeal of a State) Section 285 [Part III – Election Tribunals] Section 286-296 [Part IV – Supplemental] Section 297-304 [Part I – Federal Capital Territory, Abuja] Section 305-308 [Part II – Miscellaneous Provisions] Section 309-317 [Part III – Transitional Provisions and Savings] Section 318-320 [Part IV – Interpretation, Citation and Commencement] First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule

Section 206 to 212 of the Nigerian Constitution 1999

Section 206 to 212 of the Nigerian Constitution 1999 is under C (The Public Service of State) of Part II (State Executive) of Chapter VI (The Executive) of the constitution.

Section 206 of the Nigerian Constitution 1999

Establishment of State Civil Service

There shall be for each State of the Federation a Civil Service.

See also  Section 249-254 of the Nigerian Constitution 1999

Section 207 of the Nigerian Constitution 1999

State Civil Service Commission: Power of delegation

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.

Section 208 of the Nigerian Constitution 1999

Appointments by Governor

(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.

See also  Section 270-274 of the Nigerian Constitution 1999

See also: section 176 to 196 of the Nigerian Constitution 1999 (The Governor of a State)

Section 209 of the Nigerian Constitution 1999

Code of Conduct

A person in the public service of a State shall observe and conform to the Code of Conduct.

Section 210 of the Nigerian Constitution 1999

Protection of pension rights

(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

See also: Section 197 to 205 of the Nigerian Constitution 1999 (Establishment of Certain State Executive Bodies)

Section 211 of the Nigerian Constitution 1999

Public prosecutions

(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

See also  Section 80-89 of the Nigerian Constitution 1999

Section 212 of the Nigerian Constitution 1999

Prerogative of mercy

(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.

Credit: https://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/files/assets/law-library-files/Nigeria_Constitution_1999_en.pdf

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