Section 206 to 212 of the Nigerian Constitution 1999
Table of Contents
Section 206 to 212 of the Nigerian Constitution 1999 is under C (The Public Service of State) of Part II (State Executive) of Chapter VI (The Executive) of the constitution.
Section 206 of the Nigerian Constitution 1999
Establishment of State Civil Service
There shall be for each State of the Federation a Civil Service.
Section 207 of the Nigerian Constitution 1999
State Civil Service Commission: Power of delegation
Subject to the provisions of this Constitution, a State Civil Service Commission may, with the approval of the
Governor and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this
Constitution to any of its members or to any officer in the civil service of the State.
Section 208 of the Nigerian Constitution 1999
Appointments by Governor
(1) Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so
appointed from any such office shall vest in the Governor of the State.
(2) The offices to which this section applies are, namely –
(a) Secretary to the Government of the State;
(b) Head of the Civil Service of the State;
(c) Permanent Secretary or other chief executive in any Ministry or Department of the Government of the State
howsoever designated; and
(d) any office on the personal staff of the Governor.
(3) An appointment to the office of the Head of the Civil Service of a State shall not be made except from among
Permanent Secretaries or equivalent rank in the civil service of any State or of the Federation.
(4) In exercising his powers of appointment under this section, the Governor shall have regard to the diversity of the
people within the state and the need to promote national unity.
(5) Any appointment made pursuant to paragraphs (a) and (d) of subsection (2) of this section shall be at the
pleasure of the Governor and shall cease when the Governor ceases to hold office:
Provided that where a person has been appointed from a public service of the Federation or a State, he shall be
entitled to return to the public service of the Federation or of the State when the Governor ceases to hold office.
See also: section 176 to 196 of the Nigerian Constitution 1999 (The Governor of a State)
Section 209 of the Nigerian Constitution 1999
Code of Conduct
A person in the public service of a State shall observe and conform to the Code of Conduct.
Section 210 of the Nigerian Constitution 1999
Protection of pension rights
(1) Subject to the provisions of subsection (2) of this section, the right of a person in the public service of a
State to receive pension or gratuity shall be regulated by law.
(2) Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1)
of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any
law, including the Code of Conduct.
(3) Pensions shall be reviewed every five years or together with any state civil service salary reviews, whichever is
(4) Pensions in respect of service in the service of a State shall not be taxed
See also: Section 197 to 205 of the Nigerian Constitution 1999 (Establishment of Certain State Executive Bodies)
Section 211 of the Nigerian Constitution 1999
(1) The Attorney General of a state shall have power
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a
court-martial in respect of any offence created by or under any law of the House of Assembly;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or
(c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken
by him or any other authority or person.
(2) The powers conferred upon the Attorney-General of a state under subsection 1 of this section may be exercised b
him in person or through officers of his department.
(3) In exercising his powers under this section, the attorney-General of a state shall have regard to the public
interest, the interest of justice and the need to prevent abuse of legal process
Section 212 of the Nigerian Constitution 1999
Prerogative of mercy
(1) The Governor may –
(a) Grant any person concerned with or convicted of any offence created by any law of a state a pardon, either free
or subject to lawful conditions;
(b) grant to any person a respite, of the execution of any punishment imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any person for such an offence; or
(d) remit the whole or any part of punishment for any punishment imposed on that person for such any offence or of
any penalty forfeiture otherwise due to the state on account of such an offence.
(2) The powers of the governor under subsection (1)of this section shall be exercised by him after consultation with
such advisory council of the state on prerogative of mercy as may be established by law of the State.