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Section 6 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 6 of the Nigerian Constitution 1999

Section 6 of the Constitution of the Federal Republic of Nigeria is about Judicial Powers of the federation. Section 6 is under Part II (Powers of the Federal Republic of Nigeria) of Chapter 1 (General Provisions) of the constitution. It has six subsections.

6. (1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation.

(2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State.

(3) The courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection (5) (a) to (1) of this section, shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record.

(4) Nothing in the foregoing provisions of this section shall be construed as precluding:-

(a) the National Assembly or any House of Assembly from establishing courts,
other than those to which this section relates, with subordinate jurisdiction to that
of a High Court;

(b) the National Assembly or any House of Assembly, which does not require it,
from abolishing any court which it has power to establish or which it has brought
into being.

(5) This section relates to:-

(a) the Supreme Court of Nigeria;

(b) the Court of Appeal;

(c) the Federal High Court;

(d) the High Court of the Federal Capital Territory, Abuja;

(e) a High Court of a State

(f) the Sharia Court of Appeal of the Federal Capital Territory, Abuja;

(g) a Sharia Court of Appeal of a State;

(h) the Customary Court of Appeal of the Federal Capital Territory, Abuja;

(i) a Customary Court of Appeal of a State;

(j) such other courts as may be authorised by law to exercise jurisdiction on
matters with respect to which the National Assembly may make laws; and

(k) such other court as may be authorised by law to exercise jurisdiction at first
instance or on appeal on matters with respect to which a House of Assembly
may make laws.

(6) The judicial powers vested in accordance with the foregoing provisions of this section –

(a) shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law

(b) shall extend, to all matters between persons, or between government or authority and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person;

(c) shall not except as otherwise provided by this Constitution, extend to any issue or question as to whether any act of omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution;

(d) shall not, as from the date when this section comes into force, extend to any action or proceedings relating to any existing law made on or after 15th January, 1966 for determining any issue or question as to the competence of any authority or person to make any such law.

Credits:

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

https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng014en.pdf

Section 5 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 5 of the Nigerian Constitution 1999

Section 5 of the Constitution of Nigeria is about Executive Powers of the federation. It is under Part II (Powers of the Federal Republic of Nigeria) of Chapter 1 (General Provisions) of the constitution. Section 5 has only five subsections. 

5. (1) Subject to the provisions of this Constitution, the executive powers of the Federation:

(a) shall be vested in the President and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation; and

(b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws.

(2) Subject to the provisions of this Constitution, the executive powers of a State:

(a) shall be vested in the Governor of that State and may, subject as aforesaid and to the provisions of any Law made by a House of Assembly, be exercised by him either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State; and

(b) shall extend to the execution and maintenance of this Constitution, all laws made by the House of Assembly of the State and to all matters with respect to which the House of Assembly has for the time being power to make laws.

(3) The executive powers vested in a State under subsection (2) of this section shall be so exercised as not to:-

(a) impede or prejudice the exercise of the executive powers of the Federation;

(b) endanger any asset or investment of the Government of the Federation in that
State; or

(c) endanger the continuance of a Federal Government in Nigeria.

(4) Notwithstanding the foregoing provisions of this section:-

(a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session; and

(b) except with the prior approval of the Senate, no member of the armed forces
of the Federation shall be deployed on combat duty outside Nigeria.

(5) Notwithstanding the provisions of subsection (4) of this section, the President, in consultation with the National Defence Council, may deploy members of the armed forces of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger:

Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within 14 days.

 

Credit:

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

https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng014en.pdf

Section 5 of the Nigerian Constitution 1999

Section 5 of the Nigerian Constitution 1999

Section 5 of the Constitution of Nigeria is about Executive Powers of the federation. It is under Part II (Powers of the Federal Republic of Nigeria) of Chapter 1 (General Provisions) of the constitution. Section 5 has only five subsections. 

5. (1) Subject to the provisions of this Constitution, the executive powers of the Federation:

(a) shall be vested in the President and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation; and

(b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws.

(2) Subject to the provisions of this Constitution, the executive powers of a State:

(a) shall be vested in the Governor of that State and may, subject as aforesaid and to the provisions of any Law made by a House of Assembly, be exercised by him either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State; and

(b) shall extend to the execution and maintenance of this Constitution, all laws made by the House of Assembly of the State and to all matters with respect to which the House of Assembly has for the time being power to make laws.

(3) The executive powers vested in a State under subsection (2) of this section shall be so exercised as not to:-

(a) impede or prejudice the exercise of the executive powers of the Federation;

(b) endanger any asset or investment of the Government of the Federation in that
State; or

(c) endanger the continuance of a Federal Government in Nigeria.

(4) Notwithstanding the foregoing provisions of this section:-

(a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session; and

(b) except with the prior approval of the Senate, no member of the armed forces
of the Federation shall be deployed on combat duty outside Nigeria.

(5) Notwithstanding the provisions of subsection (4) of this section, the President, in consultation with the National Defence Council, may deploy members of the armed forces of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger:

Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within 14 days.

 

Credit:

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

https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng014en.pdf

Section 4 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 4 of the Nigerian Constitution 1999

Section 4 of the Constitution of Nigeria 1999 speaks about Legislative Powers of the Country, as vested in a National Assembly for the federation. Section 4 is under Part II (Powers of the Federal Republic of Nigeria) of Chapter 1 (General Provisions)  of the constitution. 

4. (1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation, which shall consist of a Senate and a House of Representatives.

(2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

(3) The power of the National Assembly to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Houses of Assembly of States.

(4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the National Assembly shall have power to make laws with respect to the following matters, that is to say:-

(a) any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and

(b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

(5) If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall, to the extent of the inconsistency, be void.

(6) The legislative powers of a State of the Federation shall be vested in the House of Assembly of the State.

(7) The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters, that is to say:-

(a) any matter not included in the Exclusive Legislative List set out in Part I of
the Second Schedule to this Constitution.

(b) any matter included in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and

(c) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

(8) Save as otherwise provided by this Constitution, the exercise of legislative powers by the National Assembly or by a House of Assembly shall be subject to the jurisdiction of courts of law  and of judicial tribunals established by law, and accordingly, the National Assembly or a House of Assembly shall not enact any law, that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law.

(9) Notwithstanding the foregoing provisions of this section, the National Assembly or a House of Assembly shall not, in relation to any criminal offence whatsoever, have power to make any law which shall have retrospective effect.

 

Credits:

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

https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng014en.pdf

Section 3 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 3 of the Nigerian Constitution 1999

Section 3 of the Constitution of Nigeria is about States of the Federation and the Federal Capital Territory, Abuja. It is under Part I (Federal Republic of Nigeria) of the Chapter 1 (General Provisions) of the constitution. It has 6 Subsections.

3. (1) There shall be 36 states in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara.

(2) Each state of Nigeria, named in the first column of Part I of the First Schedule to this Constitution, shall consist of the area shown opposite thereto in the second column of that Schedule.

(3) The headquarters of the Governor of each State shall be known as the Capital City of that State as shown in the third column of the said Part I of the First Schedule opposite the State named in the first column thereof.

(4) The Federal Capital Territory, Abuja, shall be as defined in Part II of the First Scheduled to this
Constitution.

(5) The provisions of this Constitution in Part I of Chapter VIII hereof shall in relation to the Federal Capital Territory, Abuja, have effect in the manner set out thereunder.

(6) There shall be 768 Local Government Areas in Nigeria as shown in the second column of Part I of the First Schedule to this Constitution and six area councils as shown in Part II of that Schedule.

 

 

Credits:

https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng014en.pdf

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

Section 2 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 2 of the Nigerian Constitution 1999

Section 2 of the Nigerian constitution 1999 speaks about the Federal Republic of Nigeria. It is under Part I (Federal Republic of Nigeria) of the Chapter 1 (General Provisions) of the Constitution. It has only two subsections.

2. (1) Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria.

(2) Nigeria shall be a Federation consisting of States and a Federal Capital Territory.

 

 

Credits:

https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng014en.pdf

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

Section 1 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 1 of the Nigerian Constitution 1999

Section 1 of the Nigerian Constitution 1999 speaks of the supremacy of the Nigerian constitution. It is under Part I (Federal Republic of Nigeria) of the Chapter 1 (General Provisions) of the constitution.

1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.

(2) The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.

Credits:

https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng014en.pdf

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

Preamble to the Nigerian Constitutiton 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

Preamble to the Constitution of Nigeria 1999

Below is the preamble to the Nigerian Constitution, 1999.

We the people of the Federal Republic of Nigeria

Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and
indissoluble sovereign nation under God, dedicated to the promotion of inter-African
solidarity, world peace, international co-operation and understanding

And to provide for a Constitution for the purpose of promoting the good government and
welfare of all persons in our country, on the principles of freedom, equality and justice, and
for the purpose of consolidating the unity of our people

Do hereby make, enact and give to ourselves the following Constitution:-

Justiciability of Chapter II of the Nigerian Constitution

Justiciability of Chapter II of the Nigerian Constitution

Have you ever heard anything about the justiciability of Chapter II of the Nigerian Constitution, 1999, which contains socio-economic rights?

Are you aware of the fact that these rights contained in the second chapter of the Nigerian constitution are not enforceable, or non-justiciable? This post is on this issue, and possible solution.

The Chapter II of the Constitution of the Federal Republic of Nigeria, 1999, is titled, and includes, ‘Fundamental Objectives and Directive Principles of State Policy.’ The provisions of this chapter of the Nigerian Constitution can also be called Socio-economic rights.

These socio-economic rights are different from the Fundamental Human Rights provided for in Chapter IV of the Constitution, titled ‘Fundamental Rights’. While the later are justiciable in Nigeria, with original jurisdiction to the High Court, the former are, however, unenforceable or non-justiciable.

This Chapter II of the constitution of the Federal Republic of Nigeria, 1999, houses sections (13)-(24) of the constitution, which provides, inter alia, for certain duties of the government for the benefit of the citizenry, as well as duties of the citizens of the state.

Section 18(3), in the Chapter, provides thus: Government shall strive to eradicate illiteracy; and to this end Government shall as and when practicable provide-

  • free, compulsory and universal primary education
  • free university education; and
  • free adult literacy programme

Also, Section 14(b)-(c) of the Chapter provides: ‘the security and welfare of the people shall be the primary purpose of the government; and’ ‘the participation by the people in their government shall be ensured in accordance with the provisions of this constitution.’

Of course, on the part of citizens, the Chapter also provides in Section 24(b), among other provisions of the section, as the duty of every citizen, to ‘help to enhance the power, prestige and good name of Nigeria, defend Nigeria and render such national service as may be required;’

Do you find the aforementioned rights interesting? There are more. However, there is a caveat. This entire Chapter II of the constitution of Nigeria is unenforceable.

It can be further noted that Item 60 of the Second Schedule to the constitution, which is part of the Exclusive Legislative List, provides, therefore, that the National Assembly can legislative on ‘The establishment and regulation of authorities for the federation or any part thereof- 60(a) ‘to promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in this Constitution;’

See also: Definition and meaning of Law

However, the Constitution stipulates that the provisions of Chapter II of the constitution are unenforceable, by ousting the jurisdiction of the Nigerian courts from enforcing any of such provisions. This is according to Section 6(6)(c) of the Nigerian Constitution, which states, inter alia, that the judicial powers vested in the courts of the state ‘shall not, except as otherwise provided by this constitution, extend to any issue or question as to whether any act or omission by any authority or person or so as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directives Principles of State Policy set out in Chapter II of this Constitution;’

Therefore, the provision of Section 6(6)(c) serves as an ouster clause, limiting the judicial powers of the courts as to enforcing the provisions or deciding upon whether the act or omission of any authority or person is in line with the Chapter II of the Constitution.

This provision has further been given judicial authority as it is so held in the case of Attorney General of Ondo State v. Attorney General of the Federation (2002) 9 NWLR Pt.772,and other like case(s).

However, in Olafisoye v. Federal Republic of Nigeria (2004) 4NWLR Pt.864, the court was seen to have shifted from this view, as in the case above, by holding that when Section 15(5) is read together with Item 60(a) of the Second Schedule, it can be justiciable.

Section 15(5), which is part of the Chapter II of the Constitution, provides that ‘The State shall abolish all corrupt practices and abuse of power.’

Arguably, however, it can therefore be postulated that the view the court in Olafisoye v. Federal Republic of Nigeria, should be followed and widened, going forward. Widened in the sense that no other provision of the constitution need be read with the provisions of Chapter II for them to be justiciable.

See also: Natural Law Theory

The provisions of Chapter II should not be read in isolation to that of Chapter IV of the constitution, but rather, as complementary. For a citizen cannot be said to hold and enjoy his right to life, when he does not have access to adequate health care system, good employment, satisfactory shelter and clothing, sufficient education for the century, decent environment, security, and others.

Simply put, the rights of the citizenry provided under Chapter II of the Constitution of the Federal Republic of Nigeria are more relatable to those which are provided under Chapter IV of the same constitution, than divided. In fact, divided they fall.

It should be noted that this kind of interpretation that promotes interrelatedness of human rights is not strange to some other known jurisdictions. In India, for example, while the Directive Principles of State Policy is provided for in Part IV of the constitution of the country of more than a billion citizens, Section 37 of the same chapter provides for their unenforceability.

However, there has been so much judicial activism in India to promote the inseparableness, indivisibility, and interrelatedness of human rights. And this has paid off.

Consequently, section 21 of the constitution of India, which is part of the Fundamental Rights, and specifically provides for right to life and personal liberty of the citizenry, has been interpreted as not just being right to physical life, but also to enjoy life, and that the state must ensure that citizens live a decent and fulfilling life.

See also: Legal Positivism: Positive Theory of Law

Therefore, in the Indian case of Paschim Banga Khet Mazdoor Samity v. State of West Bengal & Anor (1996) 4 SCC 77, in which a man sued the state because he was denied a bed in a hospital which was full, after he had an injury in falling off a train, the Supreme court of India held that the right to life of a citizen included the provision of timely medical care in order to preserve the life.

Such decisions as is seen above should not be unheard of the Nigerian Judicial system, even in more express terms, as so much as possible, in order to bring to existence the provisions of Chapter II of the Nigerian constitution, and explicitly preserve that of Chapter IV.

What more can be said of South Africa, where the Socio-economic rights of the citizenry have been incorporated into the Fundamental rights. Therefore, while Section 27(1), as part of the Country’s ‘Bill of Rights’, provides that ‘Everyone has the right to have access to-’ health care services, sufficient food and water, and social security, Section 27(2) provides that ‘The State must take reasonable legislative and other measures, within its available resources, to achieve the progressive realization of each of these rights.’

It would be of utmost benefit to the state, in line with this issue, if this feat can be achieved in Nigeria. But even now, the legal system of the country can be fashioned to produce outstanding and sustainable development for the country by radical judicial activism, on both the parts of the bar and the bench.

The time is now. We should not stay under the shade of unavailability of resources, but press on to achieve the justiciability of our Socio-economic rights.

God bless Nigeria.

Credits

Wikipedia

Legit.ng

nigeria-law.org

Consideration in contract: Definition of Consideration & More

N.B. This article is particular to Nigeria.

CONSIDERATION IN CONTRACT

For a party to be entitled to bring an action on an agreement, he must demonstrate that he contributed to the agreement. It is this contribution that is called consideration.
A more comprehensive definition of consideration was given by Lush J in (Currie v Misa)

“valuable consideration in the eye of the law may consist either in some rights, interests, profits, benefits accruing to one party, or some forbearance, responsibility or loss suffered or undertaken by the other. Thus, consideration does not only consist of profit by one party but also exists where the other party abandons some legal rights in the present or limits has legal freedom of action in the future as an inducement for the promise of the fort…”

In a simple language, consideration is the price for the contract. It is the advantage one party conforms on the other or the disadvantage he would suffer in exchange for what he would get from that other party.

While emphasizing the importance of consideration the court hold In (Best (Nigeria) Ltd V Blackwood Hodge (Nigeria) Ltd & Ors).

“It is basic that to constitute a binding contract there must be an agreement in which the parties are ad idem on essential terms and conditions thereof. The promise of each parties must be supported by consideration”

In a like manner the court held on (Pada Chabasaya v Joe Anwasi) thus “A contract in which consideration has not been met is one that can be said has been breached and is unenforceable, as consideration is one of the terms of a contract”

A promise which is not supported by consideration cannot be enforced. The party cannot rely on moral obligation to bring an action in court. This was laid down in 1840 in the case of (Eastwood V Kenyan) Eastwood was a guardian to Mrs. Kenyan whilst she was an infant. He had spent a considerable amount of his money in improving her estate and in bringing her up. When she reached maternity she promised to reimburses for his expenses. Her husband also promised to do so independently. When they failed to carry out their promises, he sued them.

The plaintiff relied on the defendant moral obligation to him to fulfill their promises.

The suit was dismissed and moral obligation was rejected as the basis of an action, Natural love and affection also cannot equate consideration. In (Faloughi v Faloughi) the court held thus “Love and affection is not valuable consideration in the eye of the law, as it cannot be quantified in terms of money value”

Rules Governing Consideration

A. CONSIDERATION MUST MOVE FROM THE PROMISEE

Only a person who has furnished consideration in a contract is the one that can bring an action to enforce a promise given by the defendant.
Conversely, a party that has furnished no consideration in a contract cannot bring an action to enforce that contract, else his action will fail for lack of consideration. In other words, the plaintiff must show what he gave in exchange for the promise given to him by the defendant.

Thus, in Tweddle v Atkinson. A couple was getting married. The father of the bride entered an agreement with the father of the groom that they would each pay the couple a sum of money. The father of the bride died without having paid. The father of the son also died and so was unable to sue on the agreement.
The groom made a claim against the executors of the will but the court held that the groom was not a party to the agreement and the consideration did not move from him. Therefore, he was not entitled to enforce the contract.

INSTANCES OF LACK OF CONSIDERATION

i Gratuitous Promise by defendant

A promisor can withdraw his promise at anytime without liability if the promisee has furnished no consideration to the promise that has been made to him, and any attempt to enforce the promise against the promisor will fail for lack of consideration.
The implication of this is that where a party cannot show what he promised or did in exchange for the promise of the other party, it would mean that the other party’s promise was gratuitous and not binding on the promise.

Thus, in (L.A Cardoso v The Execution of the Late J. A Doherty).
The plaintiff obtained various loans from the late Deherty using his properties as collateral for the loan. On his failure to repay the loans, the ownership of the properties passed to Doherty who proceeded to sell them leaving only the one which the plaintiff was living, with a promise that the plaintiff would be permitted to live in it for the rest of his life. Upon the Doherty’s death, the executors of his estate also reaffirmed the promise, but later changed their discussion and made sell the house.

The plaintiff sought a declaration that he was entitled to live on the property for the rest of his life, and an injunction restraining the defendants from selling it.

The West Africa court of Appeal held that the declaration and injunction would be refused on the ground that the plaintiff finished no consideration for the promise.

ii. Non-performance by the Plaintiff
In (BFI Group Corporation v Bureau of Public Enterprise), the court held
“A person seeking to enforce his right under a contractual agreement must show that he has fulfilled all the conditions precedent and that he has performed all those terms which ought to have been performed by him”.
Going by the foregoing, it is the position of the law that he must have furnished consideration to the contract before attempting to enforce it under the law, otherwise, his action will fail.

In the case of (Banks of West Africa v Fagboyegun)
The defendant signed a contract of guarantees which he agreed to guarantee a debt owed by a third party to the bank. The third party could not pay the debt and the defendant repaid part of the debt to the bank. The bank then brought an action to recover the balance of the debt.

The court held that the plaintiff could not recover the balance because it did not furnish consideration for the guarantee. Apparently, the guarantee was made with an exchange of consideration that a further loan would be advanced to the third party but the bank has failed to perform.

iii. Where consideration is furnished by a third party and not the plaintiff
Where the plaintiff is relying on a consideration furnished by a third party, the action will fail and the consideration will be regarded as invalid to the contract.
This principle is a blend of the doctrine of privity of contract and the principle that consideration must move from the promisee to the promisor. By operation of the doctrine of privity of contract, only a party to a contract can of course bring an action to enforce it and the third party is regarded as a stranger to the contract between the plaintiff and the defendant.

Thus, in (Gbadamosi v Mbadiwe), the Action Group gave a loan to the defendant and his party (Democratic Party) in 1959 to fund the party’s contest in the federal elections of that year. The plaintiff who was then the federal treasurer of his party (Action group) sued in his personal capacity rather than in a representative capacity to recover the loan.
The court held that the plaintiff did not furnish any consideration in respect of the loan and so the action failed.

iv. Claim in excess of benefit provided for in an agreement
Where one of the parties to a contract confers an extra reward on the other party after the main contract itself has been concluded, it is assumed that a new contract has emerged which the beneficiary has to furnish consideration to in order to be able to enforce the extra reward.

The promisee cannot rely on the consideration furnished in the initial contract to lay claim to the extra benefit.
The principle was applied (Egware v shell BP petrol Development Co. of Nigeria) The defendant acquired land from the plaintiffs, paying in full for the acquisition of the land. In ancillary to this contract the plaintiff claimed they will allow the defendants to use the land for drilling purposes on the promise that all minor contract jobs would be awarded solely to the plaintiffs.

The court held that the promise could not be enforced against the defendants who had full rights over the land (upon full payment for the land) because the promise was not supported by any consideration from the plaintiff.

B. CONSIDERATION MAY BE EXECUTORY OR EXECUTED

Consideration is executory when the offer  and acceptance consist of promises, i.e. promise against promise. The offeree is making a promise in return for the offeror’s promise. Both parties become bound in the contract prior to actual performance. A contract is constituted by the exchange of promises.

On the other hand, a consideration which initially was executor becomes executed at the pointt where what was promised by a party to the contract has been carried out or fulfilled.
However, in a unilateral contract, a consideration becomes executed when it consists of actual performance in return for an offer.
It is taken that performance of the offeree consists both of acceptance and consideration.

C. CONSIDERATION MUST NOT BE PART

The consideration which the plaintiff is relying on while instituting an action must not be in the past, unless his action will fail subject to certain conditions.
A consideration is considered to be in the part when the act of consideration antedates the promise made by the other party i.e, he has performed the act prior to when the promise was made and was in fact not expecting the promise at all at the time he was performing the purported consideration. Such consideration will be deemed to be invalid.

Thus, in (Akenzua II Oba of Benin V Benin Divisional Council)
The defendant approached the plaintiff to help use his influence to persuade a company to release some forest areas over which the company had exclusive right. The company conceded as a gesture of goodwill. Later on, the plaintiff requested the defendants to release one of the four forest areas secured to him for exclusive, exploitation, and they agreed. They later withdraw their consent and the Oba instituted these proceedings for breach of contract.

The court held that the plaintiff’s consideration was past. His services in securing the release of the forest areas had been done before the defendant resolved to grant him exclusive use of one of the forest areas.

Similarly, in (Re McArdle) a deceased left a house jointly to his children. The wife of one of the children, who was living in the house with her husband spent a lot of money making improvements and carrying out alterations to the house. Later on, the other children jointly signed a document agreeing to pay a sum of money for her expense.

The court held that the promise to make payment was not binding as it was made after the consideration had been performed.
However, there are exceptions to the above principle subject to certain conditions, a past consideration can stand as a valid consideration in the cause of an action.

The exceptions or conditions include the following

  • 1 The act was done at the request of the promisor
  • 2 The parties understood that the act was to be remunerated whether by payment or the conferment of some other benefit.
  • 3 Payment, or the conferment of a benefit must have been legally enforceable had it been promised in advance.

Thus, in (Lamplaigh v Brathwat), the defendant who had killed someone requested the plaintiff to endeavor to obtain a pardon from the king for his offence. The plaintiff managed to get the pardon, in the course of which he spent many days riding and journeying at his own cost across the country to where the king was and back again.
The defendant then promised to pay him 100 pounds for his efforts but failed to pay.

The court grave judgment for the plaintiff holding that there was good consideration as the plaintiff acted upon the defendant’s request. The defendant original request which contained an implied promise to reward the plaintiff for his efforts and the subsequent promise to pay were to be treated as the same transaction.

See also: Termination of offer in contract

However, considering the above case, it would be observed that the exception principle more pronounced is that a mere prior request by the defendant constituted an exception to the principle of past consideration. If this is to be followed, it means the decision of the court on (Akenzua II Oba of Benin v Benin Divisional Council) is questionable as there was the occurrence of prior request too.

This led to the second exception of previous request that the parties must have understood that the act was to be renumerated, whether by payment or the conferment of some other benefits.

Thus in (Stewant v Casey), the defendant managed some patents owned by the plaintiffs. After Casey had worked on the patents for two years and completed most of the work, the plaintiff signed a document promising to award him one third share of the patents. Subsequently, the plaintiff claimed that the defendant was not entitled to the one third share because he furnished no consideration for the promise and if any, it was past.

The court held that the consideration was not past because at the time the defendant rendered the services to the owners of the patent, it was understood that the service would be paid for the work due not in a matter of goodwill but something a manager would have expected to be paid for. The subsequent promise was, therefore the affirmation of an already existing obligation.

4 Manufacturer’s Guarantee

In Commercial Transaction, guarantees are given most times to customers after the customer has bought the goods.
Scientifically following the rule of past consideration, the consideration given by the customer to the promise of guarantee of the manufacturer apparently falls to the part and should be considered invalid.

Nevertheless, it is still considered as valid and enforceable.
v. Application of the Limitation Act Sec 27(1) of the Bill of Exchange Act 1882 provider that valuable consideration for a bill may be constituted by
a. Any consideration sufficient to support a simple contract
b. An antecedent debt or inability

The implication of this is that a party can rely on a previous debt as a consideration to enforce a contract.

d. Consideration need not be adequate, but must be sufficient in law.

Adequacy of Consideration

It is not the business of the court to determine whether what a party is giving as a consideration for a promise is enough or adequate i.e. they do not compare the valves of consideration furnished by the plaintiff with the defendant’s promise because parties have the freedom to contract as they wish. This is what is meant by the ascertion that consideration need not be adequate.

In (BFI Group Corporation v Bureau of Public Enterprise), it was held thus
“Once consideration is of some value in the eye of the law, the courts have no jurisdiction to determine whether it is adequate or not”.
Thus , in (African Petroleum Ltd v Owodunni), the appellant provided accommodation for the respondent which was worth N65,000 per annum at market value but for which the parties agreed that he should be paying N400 per annum.

The court held that there was a consideration regardless of the adequacy or otherwise.
See also (Thomas v Thomas) Indeed, in the observe of any vitiating, such as fraud, duress, undue influence, mistake or misrepresentation, the court will be ready to enforce the contract.

In the presence of any vitiating element if provide the contract will be declared as invalid.

Sufficiency of Consideration

While consideration need not be adequate, it must however have some value in the eye of the law. It must comprise some element which can be regarded as the price of the defendant promise. It must be ascertainable and not vague, useless, unascertainable or meaningless.

Something of Value in the eye of the law

It has been unsettled as to what is meant by the expression “something of value in the eye of the law”. No judicial discussion has disclosed any principle that the court use to analyse the term on any certain way.

However, whatever act or promise that is offered as price for the promisor’s promise, it must not be illusory, it must carry some relatives meaning in itself.

Thus, in (Chappell & Co. Limited V Nestle Co. Ltd), the plaintiff owned the copyright of a popular tune which had been made into records. In order to promote the sales of their chocolates, the defendant company bought a large number of the records which they then retailed to the public at I shillings 6 pence plus 3 empty wrappings of their chocolate as against the normal retail price which was 6 shillings 8 pence.

The implication of this is that the royalty of 6.25% which the plaintiff were entitled to on the retail price will now be on the 1 shillings 6 pence and the 3 wrapping. The question therefore was whether the 3 wrappings which had no apparent economic value, formed part of the consideration for the

It was held that the chocolate wrapping form part of the consideration. They formed part of the price for each record as stipulated by the defendant. See also, (Youms v Chidiak).

However, in (White v Bluet) a son’s promise to his father to stop complaining that how the father had distributed his property among his children was held not to be a valid consideration for the father’s promise to discharge him from his debt he owed the father.

From the foregoing cases, it can be deduced that for something to be of value in the eye of the law the promise must show that at the request of the promisor he had parted with something he could have kept or refrained from exercising a right he could have assented.

Contributed by: Adedokun Samuel