Constitution of the Federal Republic of Nigeria 1999
The Constitution of the Federal Republic of Nigeria is the grundnorm of the country, to which every state action and law is subject. Section 1 of the Constitution expressly provides for the Supremacy of the constitution, over and above any other law in the country.
Section 1(3) states, “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.”
In the Supreme Court case of Nwaigwe and ors v Nze Edwin Okere (2008) LPELR – 2095 (SC), per ONNOGHEN, JSC held on the effect of any law or act that is inconsistent with the constitution, thus; “…the constitution is the Supreme law of the land and it is settled law that any law or Act or Section thereof that is inconsistent with any provision of the constitution is null and void to the extent of the inconsistency.”
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Sections of the Nigeria Constitution
Chapter I – General Provisions
Part I
Federal Republic of Nigeria
Section 1 of the 1999 Constitution – Supremacy of constitution
Section 2 of the 1999 Constitution – The Federal Republic of Nigeria
Section 3 of the 1999 Constitution – States of the Federation and the Federal Capital Territory, Abuja
Part II
Powers of the Federal Republic of Nigeria
Section 4 of the 1999 Constitution – Legislative powers
Section 5 of the 1999 Constitution – Executive powers
Section 6 of the 1999 Constitution – Judicial powers
Section 7 of the 1999 Constitution – Local government system
Section 8 of the 1999 Constitution – New states and boundary adjustment, etc.
Section 9 of the 1999 Constitution – Mode of altering provisions of the constitution
Section 10 of the 1999 Constitution – Prohibition of State Religion
Section 11 of the 1999 Constitution – Public order and public security
Section 12 of the 1999 Constitution – Implementation of treaties
Chapter II – Fundamental Objectives and directive Principles of State Policy
Section 13 of the 1999 Constitution – Fundamental obligations of the Government
Section 14 of the 1999 Constitution – The Government and the people
Section 15 of the 1999 Constitution – Political objectives
Section 16 of the 1999 Constitution – Economic objectives
Section 17 of the 1999 Constitution – Social objectives
Section 18 of the 1999 Constitution – Educational objectives
Section 19 of the 1999 Constitution – Foreign policy objectives
Section 20 of the 1999 Constitution – Environmental objectives
Section 21 of the 1999 Constitution – Directive on Nigeria cultures
Section 22 of the 1999 Constitution – Obligation of the mass media
Section 23 of the 1999 Constitution – National ethics
Section 24 of the 1999 Constitution – Duties of the citizen
Chapter III – Citizenship
Section 25 of the 1999 Constitution – Citizenship by birth
Section 26 of the 1999 Constitution – Citizenship by registration
Section 27 of the 1999 Constitution – Citizenship by naturalisation
Section 28 of the 1999 Constitution – Dual citizenship
Section 29 of the 1999 Constitution – Renunciation of citizenship
Section 30 of the 1999 Constitution – Deprivation of citizenship
Section 31 of the 1999 Constitution – Persons deemed to be Nigerian citizens
Section 32 of the 1999 Constitution – Power to make regulations
Chapter IV – Fundamental Rights
Section 33 of the 1999 Constitution – Right to life
Section 34 of the 1999 Constitution – Right to dignity of human persons
Section 35 of the 1999 Constitution – Right to personal liberty
Section 36 of the 1999 Constitution – Right to fair hearing
Section 37 of the 1999 Constitution – Right to private and family life
Section 38 of the 1999 Constitution – Right to freedom of thought, conscience and religion
Section 39 of the 1999 Constitution – Right to freedom of expression and the press
Section 40 of the 1999 Constitution – Right to peaceful assembly and association
Section 41 of the 1999 Constitution – Right to freedom of movement
Section 42 of the 1999 Constitution – Right to freedom from discrimination
Section 43 of the 1999 Constitution – Right to acquire and own immovable property
Section 44 of the 1999 Constitution – Compulsory acquisition of property
Section 45 of the 1999 Constitution – Restriction on and derogation from fundamental human rights
Section 46 of the 1999 Constitution – Special jurisdiction of High Court and Legal aid
Chapter V – The Legislature
Part I – National Assembly
A – Composition and Staff of National Assembly
Section 47 of the 1999 Constitution – Establishment of National Assembly
Section 48 of the 1999 Constitution – Composition of the Senate
Section 49 of the 1999 Constitution – Composition of the House of Representatives
Section 50 of the 1999 Constitution – President of the senate and speaker of the House of Representatives
Section 51 of the 1999 Constitution – Staff of the National Assembly
B – Procedure for Summoning and Dissolution of National Assembly
Section 52 of the 1999 Constitution – Declaration of assets and liabilities; oath of members
Section 53 of the 1999 Constitution – Presiding at sitting of the National Assembly and at joint sittings
Section 54 of the 1999 Constitution – Quorum
Section 55 of the 1999 Constitution – Languages
Section 56 of the 1999 Constitution – Voting
Section 57 of the 1999 Constitution – Unqualified person sitting or voting
Section 58 of the 1999 Constitution – Mode of exercising Federal Legislative power: general
Section 59 of the 1999 Constitution – Mode of exercising Federal Legislative power: money bills
Section 60 of the 1999 Constitution – Regulation of procedure
Section 61 of the 1999 Constitution – Vacancy or participation of strangers not to invalidate proceedings
Section 62 of the 1999 Constitution – Committees
Section 63 of the 1999 Constitution – Sittings
Section 64 of the 1999 Constitution – Dissolution and issue of proclamations by president
C – Qualifications for Membership of National Assembly and Right of Attendance
Section 65 of the 1999 Constitution – Qualifications for election
Section 66 of the 1999 Constitution – Disqualifications
Section 67 of the 1999 Constitution – Right of attendance of President
Section 68 of the 1999 Constitution – Tenure of Seat of Members
Section 69 of the 1999 Constitution – Recall
Section 70 of the 1999 Constitution – Remuneration
D – Elections to National Assembly
Section 71 of the 1999 Constitution – Senatorial districts and Federal constituencies
Section 72 of the 1999 Constitution – Size of Senatorial districts and Federal constituencies
Section 73 of the 1999 Constitution – Periodical review of Senatorial districts and Federal constituencies
Section 74 of the 1999 Constitution – Time when alteration of senatorial districts or Federal constituencies takes effects
Section 75 of the 1999 Constitution – Ascertainment of population
Section 76 of the 1999 Constitution – Time of Election to the National Assembly
Section 77 of the 1999 Constitution – Direct Election and franchise
Section 78 of the 1999 Constitution – Supervision of election
Section 79 of the 1999 Constitution – Power of the National Assembly as to determination
E – Powers and Control over Public Funds
Section 80 of the 1999 Constitution – Establishment of Consolidated Revenue Fund
Section 81 of the 1999 Constitution – Authorisation of expenditure from Consolidated Revenue Fund
Section 82 of the 1999 Constitution – Authorisation of expenditure in default appropriations
Section 83 of the 1999 Constitution – Contingencies Fund
Section 84 of the 1999 Constitution – Remuneration, etc. of the President and certain other officers
Section 85 of the 1999 Constitution – Audit of Public accounts
Section 86 of the 1999 Constitution – Appointment of Auditor-General
Section 87 of the 1999 Constitution – Tenure of office of Auditor-General
Section 88 of the 1999 Constitution – Power to conduct investigations
Section 89 of the 1999 Constitution – Power as to matters of evidence
Part II – House of Assembly of a State
A – Composition and Staff of House of Assembly
Section 90 of the 1999 Constitution – Establishment of House of assembly for each State
Section 91 of the 1999 Constitution – Composition of the House of Assembly
Section 92 of the 1999 Constitution – Speaker of House of Assembly
Section 93 of the 1999 Constitution – Staff of house of Assembly
B – Procedure for Summoning and Dissolution of House of Assembly
Section 94 of the 1999 Constitution – Declaration of assets and liabilities; oaths of members
Section 95 of the 1999 Constitution – Presiding at sittings
Section 96 of the 1999 Constitution – Quorum
Section 97 of the 1999 Constitution – Languages
Section 98 of the 1999 Constitution – Voting
Section 99 of the 1999 Constitution – Unqualified person sitting or voting
Section 100 of the 1999 Constitution – Mode of exercising legislative power of a state
Section 101 of the 1999 Constitution – Regulation of procedure
Section 102 of the 1999 Constitution – Vacancy or participation of strangers not to invalidate proceedings
Section 103 of the 1999 Constitution – Committees
Section 104 of the 1999 Constitution – Sittings
Section 105 of the 1999 Constitution – Dissolution and issue of proclamation by Governor
C – Qualification for Membership of House of Assembly and Right of Attendance
Section 106 of the 1999 Constitution – Qualifications for election
Section 107 of the 1999 Constitution – Disqualifications
Section 108 of the 1999 Constitution – Right of attendance of President
Section 109 of the 1999 Constitution – Tenure of Seat of Members
Section 110 of the 1999 Constitution – Recall
D – Elections to a House of Assembly
Section 111 of the 1999 Constitution – Remuneration
Section 112 of the 1999 Constitution – State constituencies
Section 113 of the 1999 Constitution – Size of state constituencies
Section 114 of the 1999 Constitution – Periodical review of State constituencies
Section 115 of the 1999 Constitution – Time when alteration of state constituencies takes effect
Section 116 of the 1999 Constitution – Time of elections to Houses of Assembly
Section 117 of the 1999 Constitution – Direct election and franchise
Section 118 of the 1999 Constitution – Supervision and election
Section 119 of the 1999 Constitution – Power of National Assembly as to determination of certain questions
E – Powers and control over Public Funds
Section 120 of the 1999 Constitution – Establishment of Consolidated Revenue Fund
Section 121 of the 1999 Constitution – Authorisation of expenditure from Consolidated Revenue fund
Section 122 of the 1999 Constitution – Authorisation of expenditure in default of appropriations
Section 123 of the 1999 Constitution – Contingencies Fund
Section 124 of the 1999 Constitution – Remuneration, etc. of the governor and certain other officers
Section 125 of the 1999 Constitution – Audit of Public accounts
Section 126 of the 1999 Constitution – Appointment of Auditor-General
Section 127 of the 1999 Constitution – Tenure of office of Auditor-General
Section 128 of the 1999 Constitution – Power to conduct investigations
Section 129 of the 1999 Constitution – Power as to matters of evidence
Chapter VI – The Executive
Part I – Federal Executive
A – The President of the Federation
Section 130 of the 1999 Constitution – Establishment of the office of President
Section 131 of the 1999 Constitution – Qualification for election as President
Section 132 of the 1999 Constitution – Election of the President: general
Section 133 of the 1999 Constitution – Election: single presidential candidate
Section 134 of the 1999 Constitution – Election: two or more presidential candidates
Section 135 of the 1999 Constitution – Tenure of office of President
Section 136 of the 1999 Constitution – Death, etc. of president-elect before oath of office
Section 137 of the 1999 Constitution – Disqualifications
Section 138 of the 1999 Constitution – President: disqualification from other jobs
Section 139 of the 1999 Constitution – Determination of certain questions relating to election
Section 140 of the 1999 Constitution – Declaration of assets and liabilities; oaths of President
Section 141 of the 1999 Constitution – Establishment of office of Vice-President
Section 142 of the 1999 Constitution – Nomination and election of Vice-President
Section 143 of the 1999 Constitution – Removal of President from office
Section 144 of the 1999 Constitution – Permanent incapacity of President or Vice-President
Section 145 of the 1999 Constitution – Acting President during temporary absence of President
Section 146 of the 1999 Constitution – Discharge of functions of President
Section 147 of the 1999 Constitution – Ministers of federal Government
Section 148 of the 1999 Constitution – Executive Responsibilities of Ministers
Section 149 of the 1999 Constitution – Declaration of Assets and liabilities; oaths of Ministers
Section 150 of the 1999 Constitution – Attorney-General of the Federation
Section 151 of the 1999 Constitution – Special Advisers
Section 152 of the 1999 Constitution – Declaration of assets and Liabilities; oaths of special Adviser
B – Establishment of Certain Federal Executive Bodies
Section 153 of the 1999 Constitution – Federal Commissions and Councils, etc
Section 154 of the 1999 Constitution – Appointment of Chairman and members
Section 155 of the 1999 Constitution – Tenure of office of members
Section 156 of the 1999 Constitution – Qualification for membership
Section 157 of the 1999 Constitution – Removal of members
Section 158 of the 1999 Constitution – Independence of certain bodies
Section 159 of the 1999 Constitution – Quorum and decisions
Section 160 of the 1999 Constitution – Powers and Procedure
Section 161 of the 1999 Constitution – Interpretation
C – Public Revenue
Section 162 of the 1999 Constitution – Distributable pool account
Section 163 of the 1999 Constitution – Allocation of other revenues
Section 164 of the 1999 Constitution – Federal grants-in-aid of State revenue
Section 165 of the 1999 Constitution – Cost of collection of certain duties
Section 166 of the 1999 Constitution – Set-off
Section 167 of the 1999 Constitution – Sums charged on consolidated Revenue Fund
Section 168 of the 1999 Constitution – Provisions with regard to payments
D – The Public Service of the Federation
Section 169 of the 1999 Constitution – Establishment of civil service of the Federation
Section 170 of the 1999 Constitution – Federal Civil service Commission: power to delegate functions
Section 171 of the 1999 Constitution – Presidential appointments
Section 172 of the 1999 Constitution – Code of Conduct
Section 173 of the 1999 Constitution – Protection of pension rights
Section 174 of the 1999 Constitution – Public persecutions
Section 175 of the 1999 Constitution – Prerogative of mercy
Part II – State Executive
A – The Governor of a State
Section 176 of the 1999 Constitution – Establishment of office of Governor
Section 177 of the 1999 Constitution – Qualification for election as Governor
Section 178 of the 1999 Constitution – Election of Governor: general
Section 179 of the 1999 Constitution – Election: single candidate and two or more candidates
Section 180 of the 1999 Constitution – Tenure of office of Governor
Section 181 of the 1999 Constitution – Death, etc. of Governor before oath of office
Section 182 of the 1999 Constitution – Disqualifications
Section 183 of the 1999 Constitution – Governor: disqualification from other jobs
Section 184 of the 1999 Constitution – Determination of certain questions relating to elections
Section 185 of the 1999 Constitution – Declaration of assets and liabilities; oaths of office of Governor
Section 186 of the 1999 Constitution – Establishment of the office of the Deputy Governor
Section 187 of the 1999 Constitution – Nomination and election of the Deputy Governor Governor
Section 188 of the 1999 Constitution – Removal of Governor or Deputy Governor from office
Section 189 of the 1999 Constitution – Permanent incapacity of Governor or Deputy Governor
Section 190 of the 1999 Constitution – Acting governor during temporary absence of Governor
Section 191 of the 1999 Constitution – Discharge of functions of Governor
Section 192 of the 1999 Constitution – Commissioners of State Government
Section 193 of the 1999 Constitution – Executive responsibilities of Deputy Governor and Commissioners
Section 194 of the 1999 Constitution – Executive responsibilities of Deputy Governor and Commissioners
Section 195 of the 1999 Constitution – Attorney-General of a State
B – Establishment of Certain State Executive Bodies
Section 196 of the 1999 Constitution – Special Advisers
Section 197 of the 1999 Constitution – State Commissioners
Section 198 of the 1999 Constitution – Appointment of Chairman and members
Section 199 of the 1999 Constitution – Tenure of office of the members
Section 200 of the 1999 Constitution – Qualification for membership
Section 201 of the 1999 Constitution – Removal of members
Section 202 of the 1999 Constitution – Independence of certain bodies
Section 203 of the 1999 Constitution – Quorum and decisions
Section 204 of the 1999 Constitution – Powers and procedure
Section 205 of the 1999 Constitution – Interpretation
C – The Public Service of State
Section 206 of the 1999 Constitution – Establishment of State Civil Service
Section 207 of the 1999 Constitution – State Civil Service Commission: Power of delegation
Section 208 of the 1999 Constitution – Appointments by Governor
Section 209 of the 1999 Constitution – Code of Conduct
Section 210 of the 1999 Constitution – Protection of pension rights
Section 211 of the 1999 Constitution – Public prosecutions
Section 212 of the 1999 Constitution – Prerogative of mercy
Part III – Supplemental
A – National Population Census
Section 213 of the 1999 Constitution – National Population census
B – Nigeria Police Force
Section 214 of the 1999 Constitution – Establishment of Nigeria Police Force
Section 215 of the 1999 Constitution – Appointment of InspectorGeneral and control of Nigeria Police Force
Section 216 of the 1999 Constitution – Delegation of powers to the Inspector-General of Police
C – Armed Forces of the Federation
Section 217 of the 1999 Constitution – Establishment and composition of the armed force of the Federation
Section 218 of the 1999 Constitution – Command and operational use
Section 219 of the 1999 Constitution – Establishment of body to ensure federal character of armed forces
Section 220 of the 1999 Constitution – Compulsory military service
D – Political Parties
Section 221 of the 1999 Constitution – Prohibition of political activities by certain associations
Section 222 of the 1999 Constitution – Restrictions on formation of political parties
Section 223 of the 1999 Constitution – Constitution and rules of political parties
Section 224 of the 1999 Constitution – Aims and objectives
Section 225 of the 1999 Constitution – Finances of political parties
Section 226 of the 1999 Constitution – Annual reports on finances
Section 227 of the 1999 Constitution – Prohibition of quasi-military organisations
Section 228 of the 1999 Constitution – Powers of the national assembly with respect to political parties
Section 229 of the 1999 Constitution – Interpretation
Chapter VII – The Judicature
Part I – Federal Courts
A – The Supreme Court of Nigeria
Section 230 of the 1999 Constitution – Establishment of the Supreme Court of Nigeria
Section 231 of the 1999 Constitution – Appointment of Chief justices of Nigeria and justices of the Supreme Court
Section 232 of the 1999 Constitution – Original jurisdiction
Section 233 of the 1999 Constitution – Appellate jurisdiction
Section 234 of the 1999 Constitution – Constitution
Section 235 of the 1999 Constitution – Finality of determinations
Section 236 of the 1999 Constitution – Practice and procedure
B – The Court of Appeal
Section 237 of the 1999 Constitution – Establishment of Court of Appeal
Section 238 of the 1999 Constitution – Appointment of President and Justices of the Court of Appeal
Section 239 of the 1999 Constitution – Original jurisdiction
Section 240 of the 1999 Constitution – Appellate jurisdiction
Section 241 of the 1999 Constitution – Appeals as of rights from the Federal high Court or a High Court
Section 242 of the 1999 Constitution – Appeals with leave
Section 243 of the 1999 Constitution – Exercise of the rights of appeal from the Federal High Court of a High Court in civil and criminal matters
Section 244 of the 1999 Constitution – Appeals from Sharia court of Appeal
Section 245 of the 1999 Constitution – Appeals from customary court of appeal
Section 246 of the 1999 Constitution – Appeal from Code of Conduct Tribunal and other courts and tribunals
Section 247 of the 1999 Constitution – Constitution
Section 248 of the 1999 Constitution – Practice and procedure
C – The Federal High Court
Section 249 of the 1999 Constitution – Establishment of the Federal High Court
Section 250 of the 1999 Constitution – Appointment of Chief Judge and Judges of the federal high Court
Section 251 of the 1999 Constitution – Jurisdiction
Section 252 of the 1999 Constitution – Powers
Section 253 of the 1999 Constitution – Constitution
Section 254 of the 1999 Constitution – Practice and procedure
D – The High Court of the Federal Capital Territory, Abuja
Section 255 of the 1999 Constitution – Establishment of the High Court of the Federal Capital Territory, Abuja
Section 256 of the 1999 Constitution – Appointment of Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja
Section 257 of the 1999 Constitution – Jurisdiction
Section 258 of the 1999 Constitution – Constitution
Section 259 of the 1999 Constitution – Practice and procedure
E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja
Section 260 of the 1999 Constitution – Establishment of the Sharia Court of Appeal of the Federal Capital Territory, Abuja
Section 261 of the 1999 Constitution – Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja
Section 262 of the 1999 Constitution – Jurisdiction
Section 263 of the 1999 Constitution – Constitution
Section 264 of the 1999 Constitution – Practice and Procedure
F – The Customary Court of appeal of the Federal Capital Territory, Abuja
Section 265 of the 1999 Constitution – Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja
Section 266 of the 1999 Constitution – Appointment of President and Judges of Court of Appeal of the Federal Capital Territory, Abuja
Section 267 of the 1999 Constitution – Jurisdiction
Section 268 of the 1999 Constitution – Constitution
Section 269 of the 1999 Constitution – Practice and Procedure
Part II – State Courts
A – High Court of a State
Section 270 of the 1999 Constitution – Establishment of a High Court for each State
Section 271 of the 1999 Constitution – Appointment of Chief Judge and Judges of the High Court of a State
Section 272 of the 1999 Constitution – Jurisdiction
Section 273 of the 1999 Constitution – Constitution
Section 274 of the 1999 Constitution – Practice and Procedure
B – Sharia Court of Appeal of a State
Section 275 of the 1999 Constitution – Establishment of Sharia Court of Appeal
Section 276 of the 1999 Constitution – Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State
Section 277 of the 1999 Constitution – Jurisdiction
Section 278 of the 1999 Constitution – Constitution
Section 279 of the 1999 Constitution – Practice and Procedure
C – Customary Court of Appeal of a State
Section 280 of the 1999 Constitution – Establishment of a Customary Court of Appeal
Section 281 of the 1999 Constitution – Appointment of President and Judges of the Customary Court of Appeal of a State
Section 282 of the 1999 Constitution – Jurisdiction
Section 283 of the 1999 Constitution – Constitution
Section 284 of the 1999 Constitution – Practice and Procedure
Part III – Election Tribunals
Section 285 of the 1999 Constitution – Establishment and jurisdiction
Part IV – Supplemental
Section 286 of the 1999 Constitution – Jurisdiction of state courts in respect of federal causes
Section 287 of the 1999 Constitution – Enforcement of decisions
Section 288 of the 1999 Constitution – Appointment of persons leaned in Islamic personal law and Customary law
Section 289 of the 1999 Constitution – Disqualification of certain legal practitioners
Section 290 of the 1999 Constitution – Declaration of assets and liabilities: oaths of judicial officers
Section 291 of the 1999 Constitution – Tenure of office and pension rights of judicial officers
Section 292 of the 1999 Constitution – Removal of other judicial officers from office
Section 293 of the 1999 Constitution – Vacancies
Section 294 of the 1999 Constitution – Determination of causes and matters
Section 295 of the 1999 Constitution – Reference of questions of law
Section 296 of the 1999 Constitution – Interpretation
Chapter VIII – Federal Capital Territory, Abuja and General Supplementary Provisions
Part I – Federal Capital Territory, Abuja
Section 297 of the 1999 Constitution – Federal Capital territory, Abuja: ownership of lands
Section 298 of the 1999 Constitution – Capital of the federation
Section 299 of the 1999 Constitution – Application of Constitution
Section 300 of the 1999 Constitution – Representation in the National Assembly
Section 301 of the 1999 Constitution – Adaptation of certain references
Section 302 of the 1999 Constitution – Minister of Federal Capital territory, Abuja
Section 303 of the 1999 Constitution – Administration of the Federal Capital territory, Abuja
Section 304 of the 1999 Constitution – Establishment of the Judicial Service Committee of the Federal Capital territory, Abuja
Part II – Miscellaneous Provisions
Section 305 of the 1999 Constitution – Procedure for proclamation of state of emergency
Section 306 of the 1999 Constitution – Resignations
Section 307 of the 1999 Constitution – Restriction on certain citizens
Section 308 of the 1999 Constitution – Restrictions on legal proceedings
Part III – Transitional Provisions and Savings
Section 309 of the 1999 Constitution – Citizenship
Section 310 of the 1999 Constitution – Staff of legislative houses
Section 311 of the 1999 Constitution – Standing Orders
Section 312 of the 1999 Constitution – Special provisions in respect of first election
Section 313 of the 1999 Constitution – System of revenue allocation
Section 314 of the 1999 Constitution – Debts
Section 315 of the 1999 Constitution – Existing law
Section 316 of the 1999 Constitution – Existing offices, courts and authorities
Section 317 of the 1999 Constitution – Succession to property, rights, liabilities and obligations
Part IV – Interpretation, Citation and Commencement
Section 318 of the 1999 Constitution – Interpretation
Section 319 of the 1999 Constitution – Citation
Section 320 of the 1999 Constitution – Commencement