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Section 169-175 of the Nigerian Constitution

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 169 to 175 of the Nigerian Constitution

Section 169 to 175 of the Nigerian Constitution is under D (The Public Service of the Federation) of Part I (Federal Executive) of Chapter VI (The Executive) of the constitution.

Section 169 of the Nigerian Constitution 1999

Establishment of civil service of the Federation

There shall be a civil service of the Federation.

See also  Section 318-320 of the Nigerian Constitution 1999

Section 170 of the Nigerian Constitution 1999

Federal Civil service Commission: power to delegate functions

Subject to the provisions of this Constitution, the Federal Civil Service Commission may, with the approval of
the President and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this
Constitution to any of its members or to any officer in the civil service of the Federation.

Section 171 of the Nigerian Constitution 1999

Presidential appointments

(1) Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so
appointed from any such office shall vest in the President.
(2) The offices to which this section applies are, namely –
(a) Secretary to the Government of the Federation;
(b) Head of the Civil Service of the Federation;
(c) Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;
(d) Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Government of the
Federation howsoever designated; and
(e) any office on the personal staff of the President.
(3) An appointment to the office of the Head of the Civil Service of the Federation shall not be made except from
among Permanent Secretaries or equivalent rank in the civil service of the Federation or of a State.
(4) An appointment to the office of Ambassador, High Commissioner or other Principal Representative of Nigeria
abroad shall not have effect unless the appointment is confirmed by the Senate.
(5) In exercising his powers of appointment under this section, the President shall have regard to the federal
character of Nigeria and the need to promote national unity.
(6) Any appointment made pursuant to paragraphs (a) and (e) of subsection (2) of this section shall be at the pleasure
of the President and shall cease when the President ceases to hold office;
Provided that where a person has been appointed from a public service of the Federation or a State, he shall be
entitled to return to the public service of the Federation or of the State when the President ceases to hold office.

See also  Section 260-264 of the Nigerian Constitution 1999

Section 172 of the Nigerian Constitution 1999

Code of Conduct

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

Section 173 of the Nigerian Constitution 1999

Protection of pension rights

(1) Subject to the provisions of this Constitution, the right of a person in the public service of the Federation to
receive pension or gratuity shall be regulated by law.
(2) Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1)
of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any
law, including the Code of Conduct.
(3) Pensions shall be reviewed every five years or together with any Federal civil service salary reviews, whichever
is earlier.
(4) Pensions in respect of service in the public service of the Federation shall not be taxed.

Section 174 of the Nigerian Constitution 1999

Public persecutions

(1) The Attorney-General of the Federation shall have power –
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than
a court-martial, in respect of any offence created by or under any Act of the National Assembly;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or
person; and
(c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken
by him or any other authority or person.
(2) The powers conferred upon the Attorney-General of the Federation under subsection (1) of this section may be
exercised by him in person or through officers of his department.
(3) In exercising his powers under this section, the Attorney-General of the Federation shall have regard to the
public interest, the interest of justice and the need to prevent abuse of legal process.

See also  Section 4 of the Nigerian Constitution 1999

Section 175 of the Nigerian Constitution 1999

Prerogative of mercy

(1) The President may –
(a) grant any person concerned with or convicted of any offence created by an Act of the National Assembly a
pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either for an indefinite or for a specified period, of the execution of any punishment
imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or
(d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or
forfeiture otherwise due to the State on account of such an offence.
(2) The powers of the President under subsection (1) of this section shall be exercised by him after consultation with
the Council of State.
(3) The President, acting in accordance with the advice of the Council of State, may exercise his powers under
subsection (1) of this section in relation to persons concerned with offences against the army, naval or air-force law
or convicted or sentenced by a court-martial.

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

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  1. Pingback: Section 175 of the 1999 Constitution: an Antagonist of Judicial Powers - LawGlobal Hub

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