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 36 of the Nigerian Constitution
Section 36 of the constitution of Nigeria is about Right to fair hearing of the people of the country. It is under Chapter IV (Fundamental Rights) of the constitution. Section 36 has twelve subsections.
- (1) In the determination of his civil rights and obligations, including any question or determination
by or against any government or authority, a person shall be entitled to a fair hearing within a
reasonable time by a court or other tribunal established by law and constituted in such manner as to
secure its independence and impartiality.
(2) Without prejudice to the foregoing provisions of this section, a law shall not be
invalidated by reason only that it confers on any government or authority power to
determine questions arising in the administration of a law that affects or may affect
the civil rights and obligations of any person if such law –
(a) provides for an opportunity for the persons
whose rights and obligations may be affected to
make representations to the administering
authority before that authority makes the decision
affecting that person; and
(b) contains no provision making the
determination of the administering authority final
and conclusive.
(3) The proceedings of a court or the proceedings of any tribunal relating to the
matters mentioned in subsection (1) of this section (including the announcement of
the decisions of the court or tribunal) shall be held in public.
(4) Whenever any person is charged with a criminal offence, he shall, unless the
charge is withdrawn, be entitled to a fair hearing in public within a reasonable time
by a court or tribunal:
Provided that –
(a) a court or such a tribunal may exclude from
its proceedings persons other than the parties
thereto or their legal practitioners in the interest
of defence, public safety, public order, public
morality, the welfare of persons who have not
attained the age of eighteen years, the protection
of the private lives of the parties or to such extent
as it may consider necessary by reason of special
circumstances in which publicity would be
contrary to the interests of justice;
(b) if in any proceedings before a court or such a
tribunal, a Minister of the Government of the
Federation or a commissioner of the government
of a State satisfies the court or tribunal that it
would not be in the public interest for any matter
to be publicly disclosed, the court or tribunal
shall make arrangements for evidence relating to
that matter to be heard in private and shall take
such other action as may be necessary or
expedient to prevent the disclosure of the matter.
(5) Every person who is charged with a criminal offence shall be presumed to be
innocent until he is proved guilty;
Provided that nothing in this section shall invalidate any law by reason only that the
law imposes upon any such person the burden of proving particular facts.
(6) Every person who is charged with a criminal offence shall be entitled to –
(a) be informed promptly in the language that he
understands and in detail of the nature of the
offence;
(b) be given adequate time and facilities for the
preparation of his defence;
(c) defend himself in person or by legal
practitioners of his own choice;
(d) examine, in person or by his legal
practitioners, the witnesses called by the
prosecution before any court or tribunal and
obtain the attendance and carry out the
examination of witnesses to testify on his behalf
before the court or tribunal on the same
conditions as those applying to the witnesses
called by the prosecution; and
(e) have, without payment, the assistance of an
interpreter if he cannot understand the language
used at the trial of the offence.
(7) When any person is tried for any criminal offence, the court or tribunal shall keep
a record of the proceedings and the accused person or any persons authorised by him
in that behalf shall be entitled to obtain copies of the judgement in the case within
seven days of the conclusion of the case.
(8) No person shall be held to be guilty of a criminal offence on account of any act or
omission that did not, at the time it took place, constitute such an offence, and no
penalty shall be imposed for any criminal offence heavier than the penalty in force at
the time the offence was committed
(9) No person who shows that he has been tried by any court of competent
jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall
again be tried for that offence or for a criminal offence having the same ingredients as
that offence save upon the order of a superior court.
(10) No person who shows that he has been pardoned for a criminal offence shall again be tried for that offence.
(11) No person who is tried for a criminal offence shall be compelled to give
evidence at the trial.
(12) Subject as otherwise provided by this Constitution, a person shall not be
convicted of a criminal offence unless that offence is defined and the penalty therefor
is prescribed in a written law, and in this subsection, a written law refers to an Act of
the National Assembly or a Law of a State, any subsidiary legislation or instrument
under the provisions of a law.
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