Section 318-320 of the Nigerian Constitution 1999

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 318 to 320 of the Nigerian Constitution 1999

Sections 318 to 320 of the Nigerian Constitution 1999 are under Part IV (Interpretation, Citation, and Commencement) of Chapter VIII (Federal Capital Territory, Abuja and General Supplementary Provisions) of the constitution.

Section 318 of the Nigerian Constitution 1999

Interpretation

(1) In this constitution, unless it is otherwise expressly provided or the context otherwise requires-
“Act” or “Act of the National Assembly” means any law made by the National Assembly and includes any law
which takes effect under the provisions of this constitution as an Act of the National Assembly;
“appointment” or its cognate expression includes appointment on promotion and transfer or confirmation of
appointment;
“area council” means each of the administrative areas within the Federal Capital Territory, Abuja;
“authority” includes government;
“belong to” or its grammatical expression when used with reference to a person in a state refers to a person either or
whose parents or any of whose grand parents was a member of a community indigenous to that state;
“civil service of the Federation” means service of the Federation in a civil capacity as staff of the office of the
President, the Vice-President, a ministry or department of the government of the Federation assigned with the
responsibility for any business of the Government of the Federation;

“civil service of the state” means service of the government of a state in a civil capacity as staff of the office of the
governor, deputy governor or a ministry or department of the government of the state assigned with the
responsibility for any business of the government of the state;
“Cod of Conduct” refers to the Code of Conduct contained in the fifth schedule to this constitution;
“Commissioner” means a Commissioner of the Government of a State;
“Concurrent Legislative List” means the list of matters set out in the first column in Part 11 of the second schedule
to this constitution with respect to which the National Assembly and a House of Assembly may make laws to the
extent prescribed, respectively, opposite thereto in the second column thereof;
“decision” means, in relation to a court, any determination of that court and includes judgement decree, order,
conviction, sentence or recommendation;
“enactment” means provision of any law or a subsidiary instrument;
“Exclusive Legislative List” means the list in Part 1 of the second schedule to this constitution;
“existing law” has the meaning assigned to it in section 315 of this constitution;
“federal character of Nigeria” refers to the distinctive desire of the peoples of Nigeria to promote national unity,
foster national loyalty and give every citizen of Nigeria a sense of belonging to the nation as expressed in section 14
(3) and (4) of this constitution;

“Federation” means the Federal Republic of Nigeria;
“financial year” means any period of twelve months beginning on the first day of January in any year or such other
date as the National Assembly may prescribe;
“function” includes power and duty;
“government” includes the Government of the Federation, or of any state, or of a local government council or any
person who exercises power of authority on its behalf;
“Governor” or “Deputy Governor” means the governor of a state or a deputy governor of a state;
“House of Assembly” means the House of Assembly of a state;
“Financial year” means any period of twelve months beginning on the first day of January in any year or such other
date as the National Assembly may prescribe;
“function” includes power and duty;

“government” includes the Government of the Federation, or any State, or of a local government council or any
person who exercises power or authority on its behalf;
“Governor” or Deputy Governor” means the Governor of a State or a Deputy Governor of a State;
“House of Assembly” means the House of Assembly of a State;
“Judicial office” means the office of Chief Justice of Nigeria or a Justice of the Supreme Court, the President or
Justice of the Court of Appeal, the office of the Chief Judge or a Judge of the Federal High Court, the office of the
Chief Judge or Judge of the High Court of the Federal Capital Territory, Abuja, the office of the Chief Judge of a
State and Judge of the High Court of a State, a Grand Kadi or Kadi of the Sharia Court of Appeal of the Federal
Capital Territory, Abuja, a President or Judge of the Customary Court of Appeal; of the Federal Capital Territory,
Abuja, a Grand Kadi or Kadi of the Sharia Court of Appeal of a State; and a reference to a “judicial officer” is a
reference to the holder of any such office;

“law” means a law enacted by the House of Assembly of a State;
“Legislative house” means the Senate, House of Representatives or a House of Assembly.
“Local government area” or “local government council” includes an area council;
“public service of a State’ means the service of the State in any capacity in respect of the Government of the State
and includes service as:
(a) Clerk or other staff of the House of Assembly;
(b) member of staff of the High Court, the Sharia court of Appeal, the Customary Court of Appeal; or other courts
established for a State by this Constitution or by a Law of a House of Assembly;
(c) member or staff of any commission or authority established for the State by this Constitution or by a Law of a
House of Assembly;
(d) staff of any local government council;
(e) staff of any statutory corporation established by a Law of a House of Assembly;
(f) staff of any educational institution established or financed principally by a government of a State; and
(g) staff of any company or enterprise in which the government of a State or its agency holds controlling shares or
interest;
“School Certificate or its equivalent” means
(a) a Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds
Certificate; or
(b) education up to Secondary School Certificate level; or
(c) Primary Six School Leaving Certificate or its equivalent and –
(i) service in the public or private sector in the Federation in any capacity acceptable to the Independent National
Electoral Commission for a minimum of ten years, and
(ii) attendance at courses and training in such institutions as may be acceptable to the Independent National Electoral
Commission for periods totalling up to a minimum of one year, and
(iii) the ability to read, write, understand and communicate in the English language to the satisfaction of the
Independent National Electoral Commission, and
(d) any other qualification acceptable by the Independent National Electoral Commission;
“Secret society” includes any society, association, group or body of persons (whether registered or not)
(a) that uses secret signs, oaths, rites or symbols and which is formed to promote a cause, the purpose or part of the
purpose of which is to foster the interest of its members and to aid one another under any circumstances without due
regard to merit, fair play or justice to the detriment of the legitimate interest of those who are not members;
(b) the membership of which is incompatible with the function or dignity of any public office under this Constitution
and whose members are sworn to observe oaths of secrecy; or
(c) the activities of which are not known to the public at large, the names of whose members are kept secret and
whose meetings and other activities are held in secret;
“State” when used otherwise than in relation to one of the component parts of the Federation, includes government.

(2) Wherever it is provided that any authority or person has power to make, recommend or approve an appointment
to an office, such power shall be construed as including the power to make, recommend or approve a person for such
appointment, whether on promotion or otherwise, or to act in any such office.

(3) In this Constitution, references to a person holding an office shall include reference to a person acting in such
office.

(4) The Interpretation Act shall apply for the purpose of interpreting the provision of this Constitution.

See also  Section 1 of the Nigerian Constitution 1999

Section 319 of the Constitution of the Federal Republic of Nigeria 1999

This Constitution may be cited as the Constitution of the Federal Republic of Nigeria 1999.

Section 320 of the Constitution of the Federal Republic of Nigeria 1999

The provision of this Constitution shall come into force on 29th day of May 1999.

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

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