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Section 305-308 of the Nigerian Constitution 1999

10 Jun, 2020 Constitution of the Federal Republic of Nigeria 1999 0 Comments
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 305 to 308 of the Nigerian Constitution 1999

Sections 305 to 308 of the Nigerian Constitution 1999 are under Part II (Miscellaneous Provisions) of Chapter VIII (Federal Capital Territory, Abuja and General Supplementary Provisions) of the constitution.

Section 305 of the Nigerian Constitution 1999

Procedure for proclamation of state of emergency

(1) Subject to the provisions of this Constitution, the President may by instrument published in the Official –
Gazette} of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any
part thereof.

(2) The President shall immediately after the publication, transmit copies of the Official -Gazette of the Government
of the Federation containing the proclamation including the details of the emergency to the President of the Senate
and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of
the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or
not to pass a resolution approving the Proclamation.

(3) The President shall have power to issue a Proclamation of a state of emergency only when –
(a) the Federation is at war;
(b) the Federation is in imminent danger of invasion or involvement in a state of war;
(c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as
to require extraordinary measures to restore peace and security;
(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or
any part thereof requiring extraordinary measures to avert such danger;
(e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the
community or a section of the community in the Federation;
(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or
(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.

(4) The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of
Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in
existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this section and such
situation does not extend beyond the boundaries of the State.

(5) The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of
subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to make a request
to the President to issue such Proclamation.

(6) A Proclamation issued by the President under this section shall cease to have effect –
(a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the
Federation;
(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or
within ten days when the National Assembly is not in session, after its publication, there is no resolution supported
by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;
(c) after a period of six months has elapsed since it has been in force:
Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the
period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six
months by resolution passed in like manner; or
(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this
subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the
members of each House.

See also  Section 297-304 of the Nigerian Constitution 1999

Section 306 of the Nigerian Constitution 1999

Resignations

(1) Save as otherwise provided in this section, any person who is appointed, elected or otherwise selected to
any office established by this Constitution may resign from that office by writing under his hand addressed to the
authority or person by whom he was appointed, elected or selected.

(2) The resignation of any person from any office established by this Constitution shall take effect when the writing
signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised
by that authority or person to receive it.

(3) The notice of resignation of the President and of the Vice-President shall respectively be addressed to the
president of the Senate and to the President.

(4) On the resignation of the President, the President of the Senate shall forthwith give notice of the resignation to
the Speaker of the House of Representatives.

(5) The notice of resignation of the Governor and of the Deputy Governor of a State shall respectively be addressed
to the Speaker of the House of Assembly and the Governor of the State.

(6) The notice of resignation of the President of the Senate and of the Speaker of the House of Representatives shall
in each case be addressed to the Clerk of the National Assembly, and the notice of resignation of the Speaker of a
House of Assembly shall be addressed to the Clerk of the House of Assembly of the State.

(7) The notice of resignation of a member of a legislative house shall be addressed to the President of the Senate or,
as the case may require, to the Speaker of the legislative house in question.

Section 307 of the Nigerian Constitution 1999

Restriction on certain citizens

Notwithstanding any provisions contained in Chapter IV and subject to sections 131 and 177 of this
Constitution, no citizen of Nigeria by registration or under a grant of certificate of naturalisation shall within ten
years of such registration or grant, hold any elective or appointive office under this Constitution.

See also  Section 41 of the Nigerian Constitution 1999

Section 308 of the Nigerian Constitution 1999

Restrictions on legal proceedings

(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section –
(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies
during his period of office;
(b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance
of the process of any court or otherwise; and
(c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be
applied for or issued:
Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings
against a person to whom this section applies, no account shall be taken of his period of office.
(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this
section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal
party.
(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor;
and the reference in this section to “period of office” is a reference to the period during which the person holding
such office is required to perform the functions of the office.

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

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