Section 317 of the 1999 Constitution of Nigeria

Section 317 of the Constitution of Nigeria 1999 is about Succession to property, rights, liabilities and obligations. It is under Part III (Transitional provisions and savings) of Chapter VIII (Federal Capital Territory, Abuja and general supplementary provisions) of the Constitution.

(1) Without prejudice to the generality of section 315 of this Constitution, any property, right, privilege, liability or obligation which immediately before the date when this section comes into force was vested in, exercisable or enforceable by or against-
(a) the former authority of the Federation as representative or trustee for the benefit of the Federation;

(b) any former authority of a State as representative or trustee for the benefit of the State, shall on the date when this section comes into force and without further assurance than the provisions hereof vest in, or become exercisable or enforceable by or against the President and Government of the Federation, and the Governor and Government of the State, as the case may be.

(2) For the purposes of this section –
(a) the President and Government of the Federation, and the Governor and Government of a State, shall be deemed, respectively, to be successors to the said former authority of the Federation and former authority of the State in question; and

(b) references in this section to “former authority of the Federation” and “former authority of a State” include references to the former Government of the Federation and the former Government of a State, a local government authority or any person who exercised any authority on its behalf.

Credit: Policy and Legal Advocacy Centre (PLAC)