Section 197-205 of the Nigerian Constitution 1999

03 Jun, 2020 Constitution of the Federal Republic of Nigeria 1999 0 Comments 0

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 197 to 205 of the Nigerian Constitution 1999

Table of Contents

Section 197 to 205 of the Nigerian Constitution 1999 is under B (Establishment of Certain State Executive Bodies) of Part II (State Executive) of Chapter VI (The Executive) of the constitution.

Section 197 of the Nigerian Constitution 1999

State Commissioners

(1) There shall be established for each State of the Federation the following bodies, namely –
(a) State Civil Service Commission;
(b) State Independent Electoral Commission; and
(c) State Judicial Service Commission.
(2) The composition and powers of each body established by subsection (1) of this section are as set out in Part II of
the Third Schedule to this Constitution.
(3) In appointing Chairmen and members of boards and governing bodies of statutory corporations and companies in
which the Government of the State has controlling shares or interests and councils of Universities, Colleges and
other institutions of higher learning, the Governor shall conform with the provisions of section 14(4) of this
Constitution.

Section 198 of the Nigerian Constitution 1999

Appointment of Chairman and members

Except in the case of ex-officio members or where other provisions are made in this Constitution, the Chairman
and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by
the Governor of the State and the appointment shall be subject to confirmation by a resolution of the House of
Assembly of the State.

Section 199 of the Nigerian Constitution 1999

Tenure of office of the members

(1) A person who is a member of any of the bodies established as aforesaid shall, subject to the provisions of
this Part, remain a member thereof –
(a) in the case of an ex-officio member, whilst he holds the office by virtue of which he is a member of the body;
(b) in the case of a person who is a member by virtue of his having previously held an office, for the duration of his
life; and
(c) in the case of a person who is a member otherwise than as an ex-officio member or otherwise than by virtue of
his having previously held an office, for a period of five years from the date of his appointment.
(2) A member of any of the bodies shall cease to be a member if any circumstances arise that, if he were not a
member of the body, would cause him to be disqualified for appointment as such a member.

Section 200 of the Nigerian Constitution 1999

Qualification for membership

(1) No person shall be qualified for appointment as a member of any of the bodies aforesaid if –
(a) he is not qualified or if he is disqualified for election as a member of a House of Assembly;
(b) he has within the preceding ten years, been removed as a member of any of the bodies or as the holder of any
other office on the ground of misconduct.
(2) Any person employed in the public service of a State shall not be disqualified for appointment as Chairman or
member of any of such bodies provided that where such a person has been duly appointed, he shall on his
appointment be deemed to have resigned his former office as from the date of the appointment.
(3) No person shall be qualified for appointment to any of the bodies aforesaid, if, having previously been appointed
as a member otherwise than as an ex officio member of that body, he has been re-appointed for a further term as a
member of the same body.

Section 201 of the Nigerian Constitution

Removal of members

(1) Any person holding any of the offices to which this section applies shall only be removed from that office
by the Governor of that State acting on an address supported by two-thirds majority of the House of Assembly of the
State praying that he be so removed for inability to discharge the functions of the office (whether arising from
infirmity of mind or body or any other cause) or for misconduct.
(2) This section applies to the Offices of the Chairman and members of the State Civil Service Commission, the
State Independent Electoral Commission and the State Judicial Service Commission.

Section 202 of the Nigerian Constitution 1999

Independence of certain bodies

In exercising its power to make appointments or to exercise disciplinary control over persons the State Civil
Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission shall
not be subject to the direction and control of any other authority or person.

Section 203 of the Nigerian Constitution 1999

Quorum and decisions

(1) The quorum for a meeting of any of the bodies established by section 197 of this Constitution shall not be
less than one-third of the total number of members of that body at the date of the meeting.
(2) A member of such a body shall be entitled to one vote and a decision of the meeting may be taken and any act or
thing may be done in the name of that body by a majority of the members present at a meeting.
(3) Whenever such bodies is assembled for a meeting, the Chairman or other person presiding shall, in all matters in
which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a
deliberative vote.
(4) Subject to its rules of procedure, any such body may act or take any decision notwithstanding any vacancy in its
membership or the absence of any member.

Section 204 of the Nigerian Constitution 1999

Powers and procedure

(1) Subject to subsection (2) of this section, any of the bodies may, with the approval of the Governor, by rules
or otherwise regulate its own procedure or confer powers or impose duties on any officer or authority for the
purpose of discharging its functions.
(2) In the exercise of any powers under subsection (1) of this section any such body shall not confer powers or
impose duties on any officer or authority of the Federation except with the approval of the President.

Section 205 of the Nigerian Constitution 1999

Interpretation

In this Part of this Chapter, unless the context otherwise requires:-
(a) any reference to ex officio member shall be construed as a reference to a person who is a member by virtue of his
holding or performing the functions of an office in the public service of a State;
(b) office means an office in the public service of a State;
(c) any reference to member of any of the bodies established by section 197 of this Constitution shall be construed
as including a reference, to the Chairman of that body; and
(d) misconduct means breach of the Oath of Allegiance or oath of office of a member or a breach of the provisions
of this Constitution or bribery or corruption or false declaration of assets and liabilities or conviction for treason or
treasonable felony.

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

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