Schedule VII to the Nigerian Constitution 1999

Seventh Schedule to the Nigerian Constitution, 1999

Oaths

Oaths of Allegiance

1, ………. Do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of
Nigeria and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria
So help me God

Oath of Office of President

I, ………….. do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of
Nigeria; that as President of the Federal Republic of Nigeria, I will discharge my duties to the best of my ability,
faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the
interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I
will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the
Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official
conduct or my official decisions; that I will to the best of my ability preserve, protect and defend the Constitution of
the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the
Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people,
according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communication or
reveal to any person any matter which shall be brought under my consideration or shall become known to me as
President of the Federal Republic of Nigeria, except as may be required for the due discharge of my duties as
President; and that I will devote myself to the service and well-being of the people of Nigeria. So help me God.

Oath of Office of Governor of a State

I, ……… do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria;
that as the Governor of ……… State, I will discharge my duties to the best of my ability, faithfully and in accordance
with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty,
integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the
Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal
Republic of Nigeria; that I will exercise the authority vested in me as Governor so as not to impede or prejudice the
authority lawfully vested in the President of the Federal Republic of Nigeria and so as not to endanger the
continuance of Federal Government in Nigeria; that I will not allow my personal interest to influence my official
conduct or my official decisions; that I will to the to the best of my ability preserve, protect and defend the
Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifty
Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all
manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly
communicate or reveal to any person any matter which shall be brought under my consideration or shall become
known to me as Governor of ……… State, except as may be required for the due discharge of my duties as Governor;
and that I will devote myself to the service and well-being of the people of Nigeria.
So help me God.

Oath of Office of Vice-President, Deputy Governor, Minister, Commissioner or Special Adviser

I, ………. do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria;
that as Vice-President of the Federal Republic of Nigeria/Deputy Governor of ……. State/Minister of the
Government of the Federation/Commissioner of the Government …….. State/Special Adviser to …….., I will
discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal
Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and
prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive
Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my
personal interest to influence my official conduct or my official decisions, that I will to the best of my ability
preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of
Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all
circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will;
that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under
my consideration or shall become known to me as Vice-President of the Federal Republic of Nigeria/Deputy
Governor of ….. State/Minister of the Government of the Federation/Commissioner of …… State/Special Adviser to
……… except as may be required for the due discharge of my duties as Vice President/Deputy Governor of …….
State/Minister/Commissioner/Special Adviser.
So help me God.

Oath of a Member of the National Assembly or of a House of Assembly

I, ….. do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria;
that as a Member of the Senate/House of Representatives/ ….. House of Assembly, I will perform my functions
honestly to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of
Nigeria and the law, and the rules of the Senate/House of Representatives/ …… House of Assembly and always in
the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria;
that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the
Constitution of the Federal Republic of Nigeria; and that I will preserve, protect and defend the Constitution of the
Federal Republic of Nigeria; and that I will abide by the Code of Conduct contained in the Fifth Schedule of the
Constitution of the Federal Republic of Nigeria.
So help me God.

Judicial Oath

I, …… do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria;
that as Chief Justice of Nigeria/Justice of the Supreme Court/President/Justice of the Court of Appeal/Chief
Judge/Judge of the Federal High Corut/Chief Judge/Judge of the High Court of the Federal Capital Territory,
Abuja/Chief Judge of …… State/Judge of the High Court of …… State/Grand Kadi/Kadi of the Sharia Court of
Appeal of the Federal Capital Territory, Abuja/ Grand Kadi/Kadi of the Sharia Court of Appeal of ….
State/President/Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja/President/Judge of
the Customary Court of Appeal of ……… State. I will discharge my duties, and perform my functions honestly, to the
best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria and the law,
that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic
of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I
will preserve, protect and defend the Constitution of the Federal Republic of Nigeria
So help me God

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Schedule VI to the Nigerian Constitution 1999

Sixth Schedule to the Nigerian Constitution, 1999

Election Tribunals

A-National Assembly Election Tribunal

  1. (1) A National Assembly Election Tribunal shall consist of a Chairman and four other members.
    (2) The Chairman shall be a Judge of a High Court and the four other members shall be appointed from among
    Judges of a High Court, Kadis of a Sharia Court of Appeal, Judges of a Customary Court of Appeal or other
    members of the judiciary not below the rank of a Chief Magistrate.
    (3) The Chairman and other members shall be appointed by the President of the Court of Appeal in consultation with
    the Judge of the State, the Grand Kadi of the Sharia Court of Appeal of the State or the President of the Customary
    Court of Appeal of the State, as the case may be.

B – Governorship and Legislative House Election Tribunal

  1. (1) A Governorship and Legislative Houses Election Tribunal shall consist of a Chairman and four other
    members.
    (2) The Chairman shall be a Judge of a High Court and the four other members shall be appointed from among
    Judges of a High Court, Kadis of a Sharia Court of Appeal, Judges of a Customary Court of Appeal or members of
    the judiciary not below the rank of a Chief Magistrate.
    (3) The Chairman and other members shall be appointed by the President of the Court of Appeal in consultation with
    the Chief Judge of the State, the Grand Kadi of the Sharia Court of Appeal of the State or the President of the
    Customary Court of Appeal of the State, as the case may be.

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Schedule V to the Nigerian Constitution 1999

Schedule V to the Nigerian Constitution 1999

Below is the content of the fifth schedule to the Nigerian Constitution.

Part I

Code of Conduct for Public Officers

General

  1. A public officer shall not put himself in a position where his personal interest conflicts with his duties and
    responsibilities.
  2. Without prejudice to the generality of the foregoing paragraph, a public officer shall not
    (a) receive or be paid the emoluments of any public office at the same
    time as he receives or is paid the emoluments of any other public
    office; or
  3. The President, Vice -President, Governor, Deputy Governor, Ministers of the Government of the Federation and
    Commissioners of the Governments of the States, members of the National Assembly and of the Houses of
    Assembly of the States, and such other public officers or persons as the National Assembly may by law prescribe
    shall not maintain or operate a bank account in any country outside Nigeria.
  4. (1) A public officer shall not, after his retirement from public service and while receiving pension from public
    funds, accept more than one remuneration position as chairman, director or employee of –
    (a) a company owned or controlled by the government; or
    (b) any public authority.
    (2) a retired public servant shall not receive any other remuneration from public funds in addition to his pension and
    the emolument of such one remunerative position.
  5. (1) Retired public officers who have held offices to which this paragraph applies are prohibited from service or
    employment in foreign companies or foreign enterprises.
    (2) This paragraph applies to the offices of President, Vice-President, Chief Justice of Nigeria, Governor and Deputy
    governor of a State.
  6. (1) A public officer shall not ask for or accept property or benefits of any kind for himself or any other person on
    account of anything done or omitted to be done by him in the discharge of his duties.
    (2) for the purposes of sub-paragraph (1) of this paragraph, the receipt by a public officer of any gifts or benefits
    from commercial firms, business enterprises or persons who have contracts with the government shall be presumed
    to have been received in contravention of the said sub-paragraph unless the contrary is proved.
    (3) A public officer shall only accept personal gifts or benefits from relatives or personal friends to such extent and
    on such occasions as are recognised by custom:
    Provided that any gift or donation to a public officer on any public or ceremonial occasion shall be treated as a gift
    to the appropriate institution represented by the public officer, and accordingly, the mere acceptance or receipt of
    any such gift shall not be treated as a contravention of this provision.
  7. The President or Vice-President, Governor or Deputy Governor, Minister of the Government of the Federation or
    Commissioner of the Government of a State, or any other public officer who holds the office of a Permanent
    Secretary or head of any public corporation, university, or other parastatal organisation shall not accept –
    (a) a loan, except from government or its agencies, a bank, building
    society, mortgage institution or other financial institution recognised
    by law,; and
    (b) any benefit of whatever nature from any company, contractor, or
    businessman, or the nominee or agent of such person:
    Provided that the head of a public corporation or of a university or
    other parastatal organisation may, subject to the rules and regulations
    of the body, accept a loan from such body.
  8. No persons shall offer a public officer any property, gift or benefit of any kind as an inducement or bribe for the
    granting of any favour or the discharge in his favour of the public officer’s duties.
  9. A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights
    of any other person knowing that such act is unlawful or contrary to any government policy.
  10. A public officer shall not be a member of, belong to, or take part in any society the membership of which is
    incompatible with the functions or dignity of his office.
  11. (1) Subject to the provisions of this Constitution, every public officer shall within three months after the coming
    into force of this Code of Conduct or immediately after taking office and thereafter –
    (a) at the end of every four years; and
    (b) at the end of his term of office, submit to the Code of Conduct
    Bureau a written declaration of all his properties, assets, and liabilities
    and those of his unmarried children under the age of eighteen years.
    (2) Any statement in such declaration that is found to be false by any authority or person authorised in that behalf to
    verify it shall be deemed to be a breach of this Code.
    (3) Any property or assets acquired by a public officer after any declaration required under this Constitution and
    which is not fairly attributable to income, gift, or loan approved by this Code shall be deemed to have been acquired
    in breach of this Code unless the contrary is proved.
  12. Any allegation that a public officer has committed a breach of or has not complied with the provisions of this
    Code shall be made to the Code of Conduct Bureau.
  13. A public officer who does any act prohibited by this Code through a nominee, trustee, or other agent shall be
    deemed ipso facto to have committed a breach of this Code,
  14. In its application to public officers –
    (a) Members of legislative houses shall be exempt from the provisions
    of paragraph 4 of this Code; and
    (b) the National Assembly may by law exempt any cadre of public
    officers from the provisions of paragraphs 4 and 11 of this Code if it
    appears to it that their position in the public service is below the rank
    which it considers appropriate for the application of those provisions.

Code of Conduct Tribunal

  1. (1) There shall be established a tribunal to be known as Code of Conduct Tribunal which shall consist of a
    Chairman and two other persons.
    (2) The Chairman shall be a person who has held or is qualified to hold office as a Judge of a Court of record in
    Nigeria and shall receive such remuneration as may be prescribed by law.
    (3) The Chairman and members of the Code of Conduct Tribunal shall be appointed by the President in accordance
    with the recommendation of the National Judicial Council.
    (4) The National Assembly may by law confer on the Code of Conduct Tribunal such additional powers as may
    appear to it to necessary to enable it more effectively to discharge the functions conferred on it in this Schedule.
  2. (1) The tenure of office of the staff of the Code of Conduct Tribunal shall, subject to the provisions of this Code,
    be the same as that provided for in respect of officers in the civil service of the Federation.
    (2) The power to appoint the staff of the Code of Conduct Tribunal and to exercise disciplinary control over them
    shall vest in the members of the Code of Conduct Tribunal and shall be exercisable in accordance with the
    provisions of an Act of the National Assembly enacted in that behalf.
  3. (1) Subject to the provisions of this paragraph, a person holding the office of Chairman or member of the Code
    of Conduct Tribunal shall vacate his office when he attains the age of seventy years.
    (2) A person who has held office as Chairman or member of the Code of Conduct Tribunal for a period of not less
    than ten years shall, if he retires at the age of seventy years, be entitled to pension for life at a rate equivalent to his
    last annual salary in addition to other retirement benefits to which he may be entitled.
    (3) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from
    his office or appointment by the President except upon an address supported by two-thirds majority of each House
    of the National Assembly praying that he be so removed for inability to discharge the functions of the office in
    question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Code.
    (4) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from
    office before retiring age save in accordance with the provisions of this Code.
  4. (1) Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of
    this Code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this
    paragraph and such other punishment as may be prescribed by the National Assembly.
    (2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following –
    (a) vacation of office or seat in any legislative house, as the case may
    be;
    (b) disqualification from membership of a legislative house and from
    the holding of any public office for a period not exceeding ten years;
    and
    (c) seizure and forfeiture to the State of any property acquired in abuse
    or corruption of office.
    (3) The sanctions mentioned in sub-paragraph (2) hereof shall be without
    prejudice to the penalties that may be imposed by any law where the
    conduct is also a criminal offence.
    (4) Where the Code of Conduct Tribunal gives a decision as to whether or
    not a person is guilty of a contravention of any of the provisions of this
    Code, an appeal shall lie as of right from such decision or from any
    punishment imposed on such person to the Court of Appeal at the instance
    of any party to the proceedings.
    (5) Any right of appeal to the Court of Appeal from the decisions of the
    Code of Conduct Tribunal conferred by sub-paragraph (4) hereof shall be
    exercised in accordance with the provisions of an Act of the National
    Assembly and rules of court for the time being in force regulating the
    powers, practice and procedure of the Court of Appeal.
    (6) Nothing in this paragraph shall prejudice the prosecution of a public
    officer punished under this paragraph or preclude such officer from being
    prosecuted or punished for an offence in a court of law.
    (7) The provisions of this Constitution relating to prerogative of mercy
    shall not apply to any punishment imposed in accordance with the
    provisions of this paragraph.

Interpretation

  1. In this Code, unless the context otherwise requires -“assets” includes any property, movable and immovable and
    incomes owned by a person;
    “business” means any profession, vocation, trade, or any adventure or concern in the nature of trade and excludes
    farming;
    “child” includes a step-child, a lawfully adopted child, a child born out of wedlock and any child to whom any
    individual stands in place of a parent;
    “emolument” means any salary, wage, over-time or leave pay, commission, fee, bonus, gratuity, benefit, advantage
    (whether or not that advantage is capable of being turned into money or money’s worth), allowance, pension or
    annuity paid, given or granted in respect of any employment or office;
    “foreign companies” or “foreign enterprises” means companies or enterprises in which the Government, its agencies
    or citizens of Nigeria or whose policies are determined by persons or organisations outside Nigeria;
    “liabilities” includes responsibilities according to law to satisfy a debt, duty or obligation quantifiable in monetary
    value, instant and contingent;
    “misconduct” means breach of the Oath of Allegiance or oath of office of a member or breach of the provisions of
    this Constitution or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets
    and liabilities;
    “public office” means a person holding any of the offices specified in Part II of this Schedule; and
    “public office” shall not include the chairmanship or membership of ad hoc tribunals, commissions or committees

Part II

Public Officers for the purposes of the Code of conduct

  1. The President of the Federation.
  2. The Vice-President of the Federation.
  3. The President and Deputy President of the Senate Speakers and Deputy Speaker of the House of Representatives
    and Speakers and Deputy Speakers of Houses of Assembly of States, and all members and staff of legislative
    houses.
  4. Governors and Deputy Governors of States.
  5. Chief Justice of Nigeria, Justices of the Supreme Court, President and Justices of the Court of Appeal, all other
    judicial officers and all staff of courts of law.
  6. Attorney-General of the Federation and Attorney-General of each State.
  7. Ministers of the Government of the Federation and Commissioners of the Governments of the States.
  8. Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff, Chief of Air Staff and all members of the
    armed forces of the Federation.
  9. Inspector-General of Police, Deputy Inspector-General of Police and all members of the Nigeria Police Force and
    other government security agencies established by law.
  10. Secretary to the Government of the Federation, Head of the Civil service, Permanent Secretaries, DirectorsGenerals and all other persons in the civil service of the Federation or of the State.
  11. Ambassadors, High Commissioners and other officers of Nigeria Missions abroad.
  12. Chairman, members and staff of the Code of Conduct Bureau and Code of Conduct Tribunal.
  13. Chairman, members and staff of local government councils.
  14. Chairman and members of the Boards or other governing bodies and staff of statutory corporations and of
    companies in which the Federal or State Governments or local governments councils.
  15. All staff of universities, colleges and institutions owned and financed by the Federal or State Governments or
    local government councils.
  16. Chairman, members and staff of permanent commissions or councils appointed on full time basis.

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Schedule IV to the Nigerian Constitution 1999

Schedule IV to the Nigerian Constitution 1999

Below is the content of the fourth schedule to the Nigerian Constitution, 1999. This schedule defines the functions of a Local Government Council.

  1. The main functions of a local government council are as follows:
    a. the consideration and the making of recommendations to a State
    commission on economic planning or any similar body on –
    i. the economic development of the State, particularly in so far as the
    areas of authority of the council and of the State are affected, and
    ii. proposals made by the said commission or body;
    b. collection of rates, radio and television licences;
    c. establishment and maintenance of cemeteries, burial grounds and homes
    for the destitute or infirm;
    d. licensing of bicycles, trucks (other than mechanically propelled trucks),
    canoes, wheel barrows and carts;
    e. establishment, maintenance and regulation of slaughter houses, slaughter
    slabs, markets, motor parks and public conveniences;
    f. construction and maintenance of roads, streets, street lightings, drains and
    other public highways, parks, gardens, open spaces, or such public facilities
    as may be prescribed from time to time by the House of Assembly of a
    State;
    g. naming of roads and streets and numbering of houses;
    h. provision and maintenance of public conveniences, sewage and refuse
    disposal;
    i. registration of all births, deaths and marriages;
    j. assessment of privately owned houses or tenements for the purpose of
    levying such rates as may be prescribed by the House of Assembly of a
    State; and
    k. control and regulation of
    i. out-door advertising and hoarding,
    ii. movement and keeping of pets of all description,
    iii. shops and kiosks,
    iv. restaurants, bakeries and other places for sale of food to the public,
    v. laundries, and
    vi. licensing, regulation and control of the sale of liquor.
  2. The functions of a local government council shall include participation of such
    council in the Government of a State as respects the following matters –
    a. the provision and maintenance of primary, adult and vocational education;
    b. the development of agriculture and natural resources, other than the
    exploitation of materials;
    c. the provision and maintenance of health services; and
    d. such other functions as may be conferred on a local government council by
    the House of Assembly of the State.

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Schedule III to the Nigerian Constitution 1999

Schedule III to the Nigerian Constitution 1999

Below is the content for the third schedule of the Nigerian Constitution.

Part I

Federal Executive Bodies

(Established by Section 153)

A – Code of Conduct Bureau

  1. The Code of Conduct Bureau shall comprise the following members:
    (a) a Chairman; and
    (b) nine other members, each of whom, at the time of appointment, shall not be
    less than fifty years of age and subject to the provisions of section 157 of this
    Constitution shall vacate his office on attaining the age of seventy years.
  2. The Bureau shall establish such offices in each state of the Federation as it may require for the discharge of its
    functions under this Constitution.
  3. The Bureau shall have power to:
    (a) receive declarations by public officers made under paragraph 12 of Part I of the Fifth Schedule to this
    Constitution;
    (b) examine the declarations in accordance with the requirements of the Code of Conduct or any law;
    (c) retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such
    terms and conditions as the National Assembly may prescribe;
    (d) ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct of any law
    relating thereto;
    (e) receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in
    relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct
    Tribunal;
    (f) appoint, promote, dismiss and exercise disciplinary control over the staff of the Codes of Conduct Bureau in
    accordance with the provisions of an Act of the National Assembly enacted in that behalf; and
    (g) carry out such other functions as may be conferred upon it by the National Assembly.
  4. The terms and conditions of service of the staff of the Code of Conduct Bureau shall be the same as those
    provided for public officers in the civil service of the Federation.

B – Council of State

  1. The Council of State shall comprise the following persons:
    (a) the President, who shall be the Chairman;
    (b) the Vice-President, who shall be the Deputy Chairman;
    (c) all former Presidents of the Federation and all former Heads of the
    Government of the Federation;
    (d) all former Chief Justices of Nigeria;
    (e) the President of the Senate;
    (f) the Speaker of the House of Representatives;
    (g) all the Governors of the states of the Federation; and
    (h) the Attorney-General of the Federation.
    (6.) The Council shall have power to:
    (a) advise the President in the exercise of his powers with respect to the:-
    (i) national population census and compilation, publication and keeping
    of records and other information concerning the same;
    (ii) prerogative of mercy;
    (iii) award of national honours;
    (iv) the Independent National Electoral Commission (including the
    appointment of members of that Commission);
    (v) the National Judicial Council (including the appointment of the
    members, other than ex-officio members of that Council); and
    (vi) the National Population Commission (including the appointment of
    members of that Commission); and
    (b) advise the President whenever requested to do so on the maintenance of public
    order within the Federation or any part thereof and on such other matters as the
    President may direct.

C – Federal Character Commission

  1. (1) The Federal Character Commission shall comprise the following members:
    (a) a Chairman; and
    (b) one person to represent each of the states of the Federation and the Federal Capital Territory, Abuja.
    (2) The Chairman and members shall be appointed by the President, subject to confirmation by the Senate.
  2. (1) In giving effect to the provisions of section 14(3) and (4) of this Constitution, the Commission shall have the
    power to:
    (a) work out an equitable formula subject to the approval of the National
    Assembly for the distribution of all cadres of posts in the public service of the
    Federation and of the States, the armed forces of the Federation, the Nigeria
    Police Force and other government security agencies, government owned
    companies and parastatals of the states;
    (b) promote, monitor and enforce compliance with the principles of proportional
    sharing of all bureaucratic, economic, media and political posts at all levels of
    government;
    (c) take such legal measures, including the prosecution of the head or staff of any
    Ministry or government body or agency which fails to comply with any federal
    character principle or formula prescribed or adopted by the Commission; and
    (d) carry out such other functions as may be conferred upon it by an Act of the
    National Assembly.
    (2) The posts mentioned in sub-paragraph (1)(a) and (b) of this paragraph shall include those of the Permanent
    Secretaries, Directors-General in Extra-Ministerial Departments and parastatals, Directors in Ministries and ExtraMinisterial Departments, senior military officers, senior diplomatic posts and managerial cadres in the Federal and
    State parastatals, bodies, agencies and institutions.
    (3) Notwithstanding any provision in any other law or enactment, the Commission shall ensure that every public
    company or corporation reflects the federal character in the appointments of its directors and senior management
    staff.
  3. It shall be the duty of the Board of Directors of every state-owned enterprise to recognise and promote the
    principle of federal character in the ownership and management structure of the company.

D – Federal Civil Service Commission

  1. The Federal Civil Service Commission shall comprise the following members –
    (a) a Chairman; and
    (b) not more than fifteen other members, who shall, in the opinion of the President, be persons of unquestionable
    integrity and sound political judgment.
  2. (1) The Commission shall without prejudice to the powers vested in the President, the National Judicial Council,
    the Federal Judicial Service Commission, the National Population Commission and the Police Service Commission,
    have power –
    (a) to appoint persons to offices in the Federal Civil Service; and
    (b) to dismiss and exercise disciplinary control over persons holding such offices.
    (2) The Commission shall not exercise any of its powers under sub-paragraph (1) of this paragraph in respect of such
    offices of heads of divisions of Ministries or of departments of the government of the Federation as may, from time
    to time, be designated by an order made by the President except after consultation with the Head of the Civil Service
    of the Federation.

E – Federal Judicial Service Commission

  1. The Federal Judicial Service Commission shall comprise the following members –
    (a) the Chief Justice of Nigeria, who shall be the Chairman;
    (b) the President of the Court of Appeal;
    (c) the Attorney-General of the Federation;
    (d) the Chief Judge of the Federal High Court;
    (e) two persons, each of whom has been qualified to practice as a legal
    practitioner in Nigeria for a period of not less than fifteen years, from a list of not
    less than four persons so qualified and recommended by the Nigerian Bar
    Association; and
    (f) two other persons, not being legal practitioners, who in the opinion of the
    President are of unquestionable integrity.
  2. The Commission shall have power to –
    (a) advise the National Judicial Council in nominating persons for appointment, as respects appointments to the
    office of –
    (i) the Chief Justice of Nigeria;
    (ii) a Justice of the Supreme Court;
    (iii) the President of the Court of Appeal;
    (iv) a Justice of the Court of Appeal;
    (v) the Chief Judge of the Federal High Court;
    (vi) a Judge of the Federal High Court; and
    (iv) the Chairman and members of the Code of Conduct Tribunal.
    (b) recommend to the National Judicial Council, the removal from office of the judicial officers specified in subparagraph (a) of this paragraph; and
    (c) appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the
    Supreme Court, the Court of Appeal, the Federal High Court and all other members of the staff of the judicial
    service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service
    Commission.

F – Independent National Electoral Commission

  1. (1) The Independent National Electoral Commission shall comprise the following members –
    (a) a Chairman, who shall be the Chief Electoral Commissioner; and
    (b) twelve other members to be known as National Electoral Commissioners, who shall be persons of
    unquestionably integrity and not less than fifty years and forty years of age, respectively.
    (2) There shall be for each State of the Federation and the Federal Capital Territory, Abuja, a Resident Electoral
    Commissioner who shall –
    (a) be appointed by the President;
    (b) be persons of unquestionable integrity;
    (c) not be less than forty years of age.
  2. The Commission shall have power to –
    (a) organise, undertake and supervise all elections to the offices of the President and Vice-President, the Governor
    and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House
    of Assembly of each State of the Federation;
    (b) register political parties in accordance with the provisions of this Constitution and an Act of the National
    Assembly;
    (c) monitor the organisation and operation of the political parties, including their finances;
    (d) arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a
    report on such examination and audit for public information;
    (e) arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of
    voters for the purpose of any election under this Constitution;
    (f) monitor political campaigns and provide rules and regulations which shall govern the political parties;
    (g) ensure that all Electoral Commissioners, Electoral and Returning Officers take and subscribe the Oath of Office
    prescribed by law;
    (h) delegate any of its powers to any Resident Electoral Commissioner; and
    (i) carry out such other functions as may be conferred upon it by an Act of the National Assembly.

G – National Defence Council

  1. The National Defence Council shall comprise the following members –
    (a) the President who shall be the Chairman;
    (b) the Vice-President who shall be the Deputy Chairman;
    (c) the Minister of the Government of the Federation responsible for defence;
    (d) the Chief of Defence Staff;
    (e) the Chief of Army Staff;
    (f) the Chief of Naval Staff;
    (g) the Chief of Air Staff; and
    (h) such other members as the President may appoint.
  2. The Council shall have power to advise the President on matters relating to the defence of the sovereignty and
    territorial integrity of Nigeria.

H – National Economic Council

  1. The National Economic Council shall comprise the following members –
    (a) the Vice-President who shall be the Chairman;
    (b) the Governor of each State of the Federation; and
    (c) the Governor of the Central Bank of Nigeria established under the Central Bank of Nigeria Decree 1991 or any
    enactment replacing that Decree.
  2. The National Economic Council shall have power to advise the President concerning the economic affairs of the
    Federation, and in particular on measures necessary for the co-ordination of the economic planning efforts or
    economic programmes of the various Governments of the Federation.

I – National Judicial Council

  1. The National Judicial Council shall comprise the following members –
    (a) the Chief Justice of Nigeria who shall be the Chairman
    (b) the next most senior Justice of the Supreme Court who shall be the Deputy Chairman;
    (c) the President of the Court of Appeal;
    (d) five retired Justices selected by the Chief Justice of Nigeria from the Supreme Court or Court of Appeal;
    (e) the Chief Judge of the Federal High Court;
    (f) five Chief Judges of States to be appointed by the Chief Justice of Nigeria from among the Chief Judges of the
    States and of the High Court of the Federal Capital Territory, Abuja in rotation to serve for two years;
    (g) one Grand Kadi to be appointed by the Chief Justice of Nigeria from among Grand Kadis of the Sharia Courts of
    Appeal to serve in rotation for two years;
    (h) one President of the Customary Court of Appeal to be appointed by the Chief Justice of Nigeria from among the
    Presidents of the Customary Courts of Appeal to serve in rotation for two years;
    (i) five members of the Nigerian Bar Association who have been qualified to practice for a period of not less than
    fifteen years, at least one of whom shall be a Senior Advocate of Nigeria, appointed by the Chief Justice of Nigeria
    on the recommendation of the National Executive Committee of the Nigerian Bar Association to serve for two years
    and subject to re-appointment.
    Provided that the five members shall sit in the Council only for the purposes of considering the names of persons for
    appointment to the superior courts of record; and
    (j) two persons not being legal practitioners, who in the opinion of the Chief Justice of Nigeria, are of
    unquestionable integrity.
  2. The National Judicial Council shall have power to –
    (a) recommend to the President from among the list of persons submitted to it by –
    (i) the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria,
    the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of
    the Federal High Court, and
    (ii) the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of
    the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of
    the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary
    Court of Appeal of the Federal Capital Territory, Abuja;
    (b) recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this
    paragraph and to exercise disciplinary control over such officers;
    (c) recommend to the Governors from among the list of persons submitted to it by the State Judicial Service
    Commissions persons for appointments to the offices of the Chief Judges of the States and Judges of the High
    Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States and the Presidents and
    Judges of the Customary Courts of Appeal of the States;
    (d) recommend to the Governors the removal from the office of the judicial officers in sub-paragraph (c) of this
    paragraph, and to exercise disciplinary control over such officers.
    (e) collect, control and disburse all moneys, capital and recurrent, for the judiciary;
    (f) advise the President and Governors or any matter pertaining to the judiciary as may be referred to the Council by
    the President or the Governors;
    (g) appoint, dismiss and exercise disciplinary control over members and staff of the Council;
    (h) control and disburse all monies, capital and recurrent; for the services of the Council; and
    (i) deal with all other matters relating to broad issues of policy and administration.
  3. The Secretary of the Council shall be appointed by the National Judicial Council on the recommendation of the
    Federal Judicial Service Commission and shall be a legal practitioner.

J – National Population Commission

  1. The National Population Commission shall comprise the following members –
    (a) a Chairman; and
    (b) one person from each State of the Federation and the Federal Capital Territory, Abuja.
  2. The Commission shall have power to –
    (a) undertake periodical enumeration of population through sample surveys, censuses or otherwise;
    (b) establish and maintain a machinery for continuous and universal registration of births and deaths throughout the
    Federation;
    (c) advise the President on population matters;
    (d) publish and provide information and data on population for the purpose of facilitating economic and
    development planning; and
    (e) appoint and train or arrange for the appointment and training of enumerators or the staff of the Commission.

K – National Security Council

  1. The National Security Council shall comprise the following members –
    (a) the President who shall be the Chairman;
    (b) the Vice-President who shall be the Deputy Chairman;
    (c) the Chief of Defence Staff;
    (d) the Minister of the Government of the Federation charged with the responsibility for internal affairs.
    (e) the Minister of the Government of the Federation charged responsibility for defence;
    (f) the Minister of the Government of the Federation charged with the responsibility for foreign affairs;
    (g) the National Security Adviser
    (h) the Inspector-General of Police; and
    (i) such other persons as the President may in his discretion appoint.
  2. The Council shall have power to advise the President on matters relating to public security including matters
    relating to any organisation or agency established by law for ensuring the security of the Federation.

L – Nigeria Police Council

  1. The Nigeria Police Council shall comprise the following members –
    (a) the President who shall be the Chairman;
    (b) the Governor of each State of the Federation;
    (c) the Chairman of the Police Service Commission; and
    (d) the Inspector-General of Police
  2. The functions of the Nigeria Police Council shall include –
    (a) the organisation and administration of the Nigeria Police Force and all other matters relating thereto (not being
    matters relating to the use and operational control of the Force or the appointment, disciplinary control and dismissal
    of members of the Force);
    (b) the general supervision of the Nigeria Police Force; and
    (c) advising the President on the appointment of the Inspector-General of Police.

M – Police Service Commission

  1. The Police Service Commission shall comprise the following members –
    (a) a Chairman; and
    (b) such number of other persons, not less than seven but not more than nine, as may be prescribed by an Act of the
    National Assembly.
  2. The Commission shall have power to –
    (a) appoint persons to offices (other than office of the Inspector-General of Police) in the Nigeria Police Force; and
    (b) dismiss and exercise disciplinary control over persons holding any office referred to in sub-paragraph (a) of this
    paragraph.

N – Revenue Mobilisation Allocation and Fiscal Commission

  1. The Revenue Mobilisation Allocation and Fiscal Commission shall comprise the following members –
    (a) a Chairman; and
    (b) one member from each State of the Federation and the Federal Capital Territory, Abuja who in the opinion of the
    President are persons of unquestionable integrity with requisite qualifications and experience.
  2. The Commission shall have power to –
    (a) monitor the accruals to and disbursement of revenue from the Federation Account;
    (b) review, from time to time, the revenue allocation formulae and principles in operation to ensure conformity with
    changing realities.
    Provided that any revenue formula which has been accepted by an Act of the National Assembly shall remain in
    force for a period of not less than five years from the date of commencement of the Act;
    (c) advise the Federal and State Governments on fiscal efficiency and methods by which their revenue can be
    increased;
    (d) determine the remuneration appropriate for political office holders, including the President, Vice-President,
    Governors, Deputy Governors, Ministers, Commissioners, Special Advisers, Legislators and the holders of the
    offices mentioned in sections 84 and 124 of this Constitution; and
    (e) discharge such other functions as are conferred on the Commission by this Constitution or any Act of the
    National Assembly.

Part II

State’s Executive Bodies

(Established by section 197)

A – State Civil Service Commission

  1. A State Civil Service Commission shall comprise the following members –
    (a) a Chairman; and
    (b) not less than two and not more than four other persons, who shall, in the opinion of the Governor, be persons of
    unquestionable integrity and sound political judgment.
  2. (1) The Commission shall have power without prejudice to the powers vested in the Governor and the State
    Judicial Service Commission to –
    (a) appoint persons to offices in the State civil service; and
    (b) dismiss and exercise disciplinary control over persons holding such offices.
  3. The Commission shall not exercise any of its powers under sub-paragraph (1) of this paragraph in respect of such
    offices of heads of divisions of Ministries or of departments of the Government of the State as may from time to
    time be designated by an order made by the Governor except after consultation with the Head of the Civil Service of
    the State.

B – State Independent Electoral Commission

  1. A State Independent Electoral Commission shall comprise the following members –
    (a) a Chairman; and
    (b) not less than five but not more than seven other persons.
  2. The Commission shall have power-
    (a) to organise, undertake and supervise all elections to local government councils within the State.
    (b) to render such advice as it may consider necessary to the Independent National Electoral Commission on the
    compilation of and the register of voters in so far as that register is applicable to local government elections in the
    State.

    C – State Judicial Service Commission
  3. A State Judicial Service Commission shall comprise the following members –
    (a) the Chief Judge of the State, who shall be the Chairman;
    (b) the Attorney General of the State;
    (c) the Grand Kadi of the Sharia Court of Appeal of the State, if any;
    (d) the President of the Customary Court of Appeal of the State, if any;
    (e) two members, who are legal practitioners, and who have been qualified to practice as legal practitioners in
    Nigeria for not less than ten years; and
    (f) two other persons, not being legal practitioners, who in the opinion of the Governor are of unquestionable
    integrity.
  4. The Commission shall have power to –
    (a) advise the National Judicial Council on suitable persons for nomination to the office of –
    (i) the Chief Judge of the State
    (ii) the Grand Kadi of the Sharia Court of Appeal of the State, if any,
    (iii) the President of the Customary Court of Appeal of the State, if any,
    (iii) the President of the Customary Court of Appeal of the State, if any,
    (iv) Judges of the High Court of the State,
    (v) Kadis of the Sharia Court of Appeal of the State, if any, and
    (vi) Judges of the Customary Court of Appeal of the State, if any;
    (b) subject to the provisions of this Constitution, to recommend to the National Judicial Council the removal from
    the office of the judicial officers specified in sub-paragraph (a) of this paragraph; and
    (c) to appoint, dismiss and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrar of the
    High Court, the Chief Registrars of the Sharia Court of Appeal and Customary Court of Appeal, Magistrates, Judges
    and members of Area Courts and Customary Courts and all other members of the staff of the judicial service of the
    State not otherwise specified in this Constitution.

Part III

Federal Capital Territory, Abuja Executive Body

(Established under Section 304)

Judicial Service Committee of the Federal Capital Territory, Abuja

  1. The Judicial Service Committee of the Federal Capital Territory, Abuja shall comprise the following members –
    (a) the Chief Judge of the Federal Capital Territory, Abuja who shall be the Chairman.
    (b) the Attorney-General of the Federation;
    (c) the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja;
    (d) the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
    (e) one person who is a legal practitioner and who has been qualified to practice as a legal practitioner in Nigeria for
    a period of not less than twelve years; and
    (f) one other person, not being practitioner, who in the opinion of the President is of unquestionable integrity.
  2. The Committee shall have power –
    (a) to recommend to the National Judicial Council suitable persons for nomination for appointment to the office of –
    (i) the Chief Judge of the Federal Capital Territory, Abuja,
    (ii) a Judge of the High Court of the Federal Capital Territory, Abuja,
    (iii) the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja
    (iv) the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja,
    (v) a Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja,
    (vi) a Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja.
    (b) subject to the provisions of this Constitution, to recommend to the National Judicial Council the removal from
    office of the Judicial officers specified in sub-paragraph (a) of this paragraph;
    (c) to appoint, promote and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrars of the
    High Court, the Sharia Court of Appeal and the Customary Court of Appeal of the Federal Capital Territory, Abuja,
    magistrates, the judges and members of the District and Area Courts of the Federal Capital Territory, Abuja, if any,
    and all other members of the staff of the judicial service of the Federal Capital Territory, Abuja not otherwise
    specified in this Constitution and of the Judicial Service Committee of the Federal Capital Territory, Abuja.

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

Schedule II to the Nigerian Constitution 1999

Schedule II to the Nigerian Constitution 1999

Below is the content for the Second Schedule to the Nigerian Constitution. This Scheduled is titled ‘Legislative Powers‘.

Part I:

Exclusive Legislative List

Item

  1. Accounts of the Government of the Federation, and of offices, courts, and
    authorities thereof, including audit of those accounts.
  2. Arms, ammunition and explosives.
  3. Aviation, including airports, safety of aircraft and carriage of passengers
    and goods by air.
  4. Awards of national titles of honour, decorations and other dignities.
  5. Bankruptcy and insolvency.
  6. Banks, banking, bills of exchange and promissory notes.
  7. Borrowing of moneys within or outside Nigeria for the purposes of the
    Federation or of any State.
  8. Census, including the establishment and maintenance of machinery for
    continuous and universal registration of births and deaths throughout
    Nigeria.
  9. Citizenship, naturalisation and aliens.
  10. Commercial and industrial monopolies, combines and trusts.
  11. Construction, alteration and maintenance of such roads as may be declared
    by the National Assembly to be Federal trunk roads.
  12. Control of capital issues.
  13. Copyright. • Provisions for intellectual property
  14. Creation of States.
  15. Currency, coinage and legal tender.
  16. Customs and excise duties.
  17. Defence.
  18. Deportation of persons who are not citizens of Nigeria. • Power to deport citizens
  19. Designation of securities in which trust funds may be invested.
  20. Diplomatic, consular and trade representation.
  21. Drugs and poisons.
  22. Election to the offices of President and Vice-President or Governor and
    Deputy Governor and any other office to which a person may be elected
    under this Constitution, excluding election to a local government council or
    any office in such council.
  23. Evidence.
  24. Exchange control.
  25. Export duties.
  26. External affairs.
  27. Extradition.
  28. Fingerprints identification and criminal records.
  29. Fishing and fisheries other than fishing and fisheries in rivers, lakes,
    waterways, ponds and other inland waters within Nigeria.
  30. Immigration into and emigration from Nigeria.
  31. Implementation of treaties relating to matters on this list.
  32. Incorporation, regulation and winding up of bodies corporate, other than
    co-operative societies, local government councils and bodies corporate
    established directly by any Law enacted by a House of Assembly of a State.
  33. Insurance.
  34. Labour, including trade unions, industrial relations; conditions, safety and
    welfare of labour; industrial disputes; prescribing a national minimum wage
    for the Federation or any part thereof; and industrial arbitration.
  35. Legal proceedings between Governments of States or between the
    Government of the Federation and Government of any State or any other
    authority or person.
  36. Maritime shipping and navigation, includinga. shipping and navigation on tidal waters;
    b. shipping and navigation on the River Niger and its affluents and on any
    such other inland waterway as may be designated by the National
    Assembly to be an international waterway or to be an inter-State
    waterway;
    c. lighthouses, lightships, beacons and other provisions for the safety of
    shipping and navigation;
    d. such ports as may be declared by the National Assembly to be Federal
    ports (including the constitution and powers of port authorities for
    Federal ports).
  37. Meteorology.
  38. Military (Army, Navy and Air Force) including any other branch of the
    armed forces of the Federation.
  39. Mines and minerals, including oil fields, oil mining, geological surveys and
    natural gas.
  40. National parks being such areas in a State as may, with the consent of the
    Government of that State, be designated by the National Assembly as
    national parks.
  41. Nuclear energy.
  42. Passports and visas.
  43. Patents, trademarks, trade or business names, industrial designs and
    merchandise marks.
    • Provisions for intellectual property
  44. Pensions, gratuities and other-like benefit payable out of the Consolidated
    Revenue Fund or any other public funds of the Federation.
  45. Police and other government security services established by law.
  46. Posts, telegraphs and telephones. • Telecommunications
  47. Powers of the National Assembly, and the privileges and immunities of its
    members.
  48. Prisons.
  49. Professional occupations as may be designated by the National Assembly.
  50. Public debt of the Federation.
  51. Public holidays.
  52. Public relations of the Federation.
  53. Public service of the Federation including the settlement of disputes
    between the Federation and officers of such service.
  54. Quarantine.
  55. Railways.
  56. Formation and Regulation of political parties.
  57. Service and execution in a State of the civil and criminal processes,
    judgements, decrees, orders and other decisions of any court of law outside
    Nigeria or any court of law in Nigeria other than a court of law established
    by the House of Assembly of that State.
  58. Stamp duties.
  59. Taxation of incomes, profits and capital gains, except as otherwise
    prescribed by this Constitution.
  60. The establishment and regulation of authorities for the Federation or any
    part thereofa. to promote and enforce the observance of the Fundamental
    Objectives and Directive Principles contained in this Constitution;
    b. to identify, collect, preserve or generally look after ancient and
    historical monuments and records and archaeological sites and
    remains declared by the National Assembly to be of national
    significance or national importance;
    c. to administer museums and libraries other than museums and libraries
    established by the Government of a state;
    d. to regulate tourist traffic; and
    e. to prescribe minimum standards of education at all levels.
  61. The formation, annulment and dissolution of marriages other than
    marriages under Islamic law and Customary law including matrimonial
    causes relating thereto.
  62. Trade and commerce, and in particulara. trade and commerce between Nigeria and other countries including
    import of commodities into and export of commodities from Nigeria,
    and trade and commerce between the states;
    b. establishment of a purchasing authority with power to acquire for
    export or sale in world markets such agricultural produce as may be
    designated by the National Assembly;
    c. inspection of produce to be exported from Nigeria and the
    enforcement of grades and standards of quality in respect of produce
    so inspected;
    d. establishment of a body to prescribe and enforce standards of goods
    and commodities offered for sale;
    e. control of the prices of goods and commodities designated by the
    National Assembly as essential goods or commodities; and
    f. registration of business names.
  63. Traffic on Federal trunk roads.
  64. Water from such sources as may be declared by the National Assembly to
    be sources affecting more than one state.
  65. Weights and measures.
  66. Wireless, broadcasting and television other than broadcasting and
    television provided by the Government of a state; allocation of
    wave-lengths for wireless, broadcasting and television transmission.
    • Radio
    • Telecommunications
    • Television
  67. Any other matter with respect to which the National Assembly has power
    to make laws in accordance with the provisions of this Constitution.
  68. Any matter incidental or supplementary to any matter mentioned
    elsewhere in this list.

Part II:

Concurrent Legislative List

Extent of Federal and State Legislative Powers

  1. Subject to the provisions of this Constitution, the National Assembly may by an
    Act make provisions for –
    a. the division of public revenue
    i. between the Federation and the States;
    ii. among the States of the Federation;
    iii. between the States and local government councils;
    iv. among the local government councils in the States; and
    b. grants or loans from and the imposition of charges upon the Consolidated
    Revenue Fund or any other public funds of the Federation or for the
    imposition of charges upon the revenue and assets of the Federation for
    any purpose notwithstanding that it relates to a matter with respect to
    which the National Assembly is not empowered to make laws.
  2. Subject to the provisions of this Constitution, any House of Assembly may make
    provisions for grants or loans from and the imposition of charges upon any of the
    public funds of that State or the imposition of charges upon the revenue and
    assets of that State for any purpose notwithstanding that it relates to a matter
    with respect to which the National Assembly is empowered to make laws.
  3. The National Assembly may make laws for the Federation or any part thereof
    with respect to such antiquities and monuments as may, with the consent of the
    State in which such antiquities and monuments are located, be designated by the
    National Assembly as National Antiquities or National Monuments but nothing
    in this paragraph shall preclude a House of Assembly from making Laws for the
    State or any part thereof with respect to antiquities and monuments not so
    designated in accordance with the foregoing provisions.
  4. The National Assembly may make laws for the Federation or any part thereof
    with respect to the archives and public records of the Federation.
  5. A House of Assembly may, subject to paragraph 4 hereof, make laws for that
    State or any part thereof with respect to archives and public records of the
    Government of the State.
  6. Nothing in paragraphs 4 and 5 hereof shall be construed as enabling any laws to
    be made which do not preserve the archives and records which are in existence
    at the date of commencement of this Constitution, and which are kept by
    authorities empowered to do so in any part of the Federation.
  7. In the exercise of its powers to impose any tax or duty ona. capital gains, incomes or profits or persons other than companies; and
    b. documents or transactions by way of stamp duties,
    the National Assembly may, subject to such conditions as it may prescribe,
    provide that the collection of any such tax or duty or the administration of the
    law imposing it shall be carried out by the Government of a State or other
    authority of a State.
  8. Where an Act of the National Assembly provides for the collection of tax or duty
    on capital gains, incomes or profit or the administration of any law by an
    authority of a State in accordance with paragraph 7 hereof, it shall regulate the
    liability of persons to such tax or duty in such manner as to ensure that such tax
    or duty is not levied on the same person by more than one State.
  9. A House of Assembly may, subject to such conditions as it may prescribe, make
    provisions for the collection of any tax, fee or rate or for the administration of
    the Law providing for such collection by a local government council.
    • Subsidiary unit government
  10. Where a Law of a House of Assembly provides for the collection of tax, fee or
    rate or for the administration of such Law by a local government council in
    accordance with the provisions hereof it shall regulate the liability of persons to
    the tax, fee or rate in such manner as to ensure that such tax, fee or rate is not
    levied on the same person in respect of the same liability by more than one local
    government council.
  11. The National Assembly may make laws for the Federation with respect to the
    registration of voters and the procedure regulating elections to a local
    government council.
  12. Nothing in paragraph 11 hereof shall preclude a House of Assembly from
    making laws with respect to election to a local government council in addition to
    but not inconsistent with any law made by the National Assembly.
  13. The National Assembly may make laws for the Federation or any part thereof
    with respect to
    a. electricity and the establishment of electric power stations;
    b. the generation and transmission of electricity in or to any part of the
    Federation and from one State to another State;
    c. the regulation of the right of any person or authority to dam up or
    otherwise interfere with the flow of water from sources in any part of the
    Federation;
    d. the participation of the Federation in any arrangement with another
    country for the generation, transmission and distribution of electricity for
    any area partly within and partly outside the Federation;
    f. the regulation of the right of any person or authority to use, work or
    operate any plant, apparatus, equipment or work designed for the supply or
    use of electrical energy.
  14. A House of Assembly may make laws for the State with respect toa. electricity and the establishment in that State of electric power stations;
    b. the generation, transmission and distribution of electricity to areas not
    covered by a national grid system within that State; and
    c. the establishment within that State of any authority for the promotion and
    management of electric power stations established by the State.
  15. In the foregoing provisions of this item, unless the context otherwise requires,
    the following expressions have the meanings respectively assigned to them-
    • “distribution” means the supply of electricity from a sub- station to the
    ultimate consumer;
    • “management” includes maintenance, repairs or replacement;
    • “power station” means an assembly of plant or equipment for the creation
    or generation of electrical energy; and
    • “transmission” means the supply of electricity from a power station to a
    sub-station or from one sub-station to another sub-station, and the
    reference to a “sub-station” herein is a reference to an assembly of plant,
    machinery or equipment for distribution of electricity.
  16. The National Assembly may make laws for the establishment of an authority
    with power to carry out censorship of cinematograph films and to prohibit or
    restrict the exhibition of such films; and nothing herein shalla. preclude a House of Assembly from making provision for a similar authority
    for that State; or
    b. authorise the exhibition of a cinematograph film in a State without the
    sanction of the authority established by the Law of that State for the
    censorship of such films.
  17. The National Assembly may make laws for the Federation or any part thereof
    with respect toa. the health, safety and welfare of persons employed to work in factories,
    offices or other premises or in inter-State transportation and commerce
    including the training, supervision and qualification of such persons;
    b. the regulation of ownership and control of business enterprises throughout
    the Federation for the purpose of promoting, encouraging or facilitating
    such ownership and control by citizens of Nigeria;
    c. the establishment of research centres for agricultural studies; and
    d. the establishment of institutions and bodies for the promotion or financing
    of industrial, commercial or agricultural projects.
  18. Subject to the provisions of this Constitution, a House of Assembly may make
    Laws for that State with respect to industrial, commercial or agricultural
    development of the State.
  19. Nothing in the foregoing paragraphs of this item shall be construed as
    precluding a House of Assembly from making Laws with respect to any of the
    matters referred to in the foregoing paragraphs.
  20. For the purposes of the foregoing paragraphs of this item, the word
    “agricultural” includes fishery.
  21. The National Assembly may make laws to regulate or co-ordinate scientific and
    technological research throughout the Federation.
    • Reference to science
  22. Nothing herein shall prelude a House of Assembly from establishing or making
    provisions for an institution or other arrangement for the purpose of scientific
    and technological research.
    • Reference to science
  23. The National Assembly may make laws for the Federation or any part thereof
    with respect to statistics so far as the subject matter relates toa. any matter upon which the National Assembly has power to make laws; and
    b. the organisation of co-ordinated scheme of statistics for the Federation or
    any part thereof on any matter whether or not it has power to make laws
    with respect thereto.
  24. A House of Assembly may make Laws for the State with respect to statistics and
    on any matter other than that referred to in paragraph 23(a) of this item.
  25. The National Assembly may make laws for the Federation or any part thereof
    with respect to trigonometrical, cadastral and topographical surveys.
  26. A House of Assembly may, subject to paragraph 25 hereof, make laws for that
    State or any part thereof with respect to trigonometrical, cadastral and
    topographical surveys.
  27. The National Assembly shall have power to make laws for the Federation or any
    part thereof with respect to university education, technological education or
    such professional education as may from time to time be designated by the
    National Assembly.
  28. The power conferred on the National Assembly under paragraph 27 of this item
    shall include power to establish an institution for the purposes of university,
    post-primary, technological or professional education.
  29. Subject as herein provided, a House of Assembly shall have power to make laws
    for the state with respect to the establishment of an institution for purposes of
    university, technological or professional education.
  30. Nothing in the foregoing paragraphs of this item shall be construed so as to limit
    the powers of a House of Assembly to make laws for the State with respect to
    technical, vocational, post-primary, primary or other forms of education,
    including the establishment of institutions for the pursuit of such education.

Part III:

Supplemental and Interpretation

  1. Where by this Schedule the National Assembly is required to designate any
    matter or thing or to make any declaration, it may do so either by an Act of the
    National Assembly or by a resolution passed by both Houses of the National
    Assembly.
  2. In this Schedule, references to incidental and supplementary matters include,
    without prejudice to their generality, references to:
    a. offences;
    b. the jurisdiction, powers, practice and procedure of courts of law; and
    c. the acquisition and tenure of land.

Credit: constituteproject.org
Constitution content adapted from: https://www.constituteproject.org/constitution/Nigeria_2011.pdf?lang=en

Schedule I of the Nigerian Constitution 1999

Schedule I of the Nigerian Constitution 1999

Below is the content of the first schedule of the Nigerian Constitution, 1999.

  1. State: Abia
    Local Government Areas: Aba North, Aba South, Arochukwu, Bende, Ikwuano,
    Isiala-Ngwa North, Isiala-Ngwa South, Isuikwato, Obi Nwa, Ohafia, Osisioma
    Ngwa, Ugwunagbo, Ukwa East, Ukwa West, Umuahia North, Umuahia South,
    Umu-Neochi.
    Capital City:Umuahia
  2. State: Adamawa
    Local Government Areas: Demsa, Fufore, Ganaye, Gireri, Gombi, Guyuk, Hong,
    Jada, Lamurde, Madagali, Maiha, Mayo-Belwa, Michika, Mubi North, Mubi
    South, Numan, Shelleng, Song, Toungo, Yola North, Yola South.
    Capital City: Yola
  3. State: Akwa Ibom
    Local Government Areas: Abak, Eastern Obolo, Eket, Esit Eket, Essien Udim,
    Etim Ekpo, Etinan, Ibeno, Ibesikpo Asutan, Ibiono Ibom, Ika, Ikono, Ikot Abasi,
    Ikot Ekpene, Ini, Itu, Mbo, Mkpat Enin, Nsit Atai, Nsit Ibom, Nsit Ubium, Obot
    Akara, Okobo, Onna, Oron, Oruk Anam, Udung Uko, Ukanafun, Uruan,
    Urue-Offong/Oruko, Uyo.
    Capital City: Uyo
  4. State: Anambra
    Local Government Areas: Aguata, Anambra East, Anambra West, Anaocha,
    Awka North, Awka South, Ayamelum, Dunukofia, Ekwusigo, Idemili North,
    Idemili south, Ihiala, Njikoka, Nnewi North, Nnewi South, Ogbaru, Onitsha
    North, Onitsha South, Orumba North, Orumba South, Oyi.
    Capital City: Awka
  5. State: Bauchi
    Local Government Areas: Alkaleri, Bauchi, Bogoro, Damban, Darazo, Dass,
    Ganjuwa, Giade, Itas/Gadau, Jama’are, Katagum, Kirfi, Misau, Ningi, Shira,
    Tafawa-Balewa, Toro, Warji, Zaki.
    Capital City: Bauchi
  6. State: Bayelsa
    Local Government Areas: Brass, Ekeremor, Kolokuma/Opokuma, Nembe, Ogbia,
    Sagbama, Southern Ijaw, Yenagoa.
    Capital City: Yenegoa
  7. State: Benue
    Local Government Areas: Ado, Agatu, Apa, Buruku, Gboko, Guma, Gwer East,
    Gwer West, Katsina-Ala, Konshisha, Kwande, Logo, Makurdi, Obi, Ogbadibo,
    Oju, Okpokwu, Ohimini, Oturkpo, Tarka, Ukum, Ushongo, Vandeikya.
    Capital City: Makurdi
  8. State: Borno
    Local Government Areas: Abadam, Askira/Uba, Bama, Bayo, Biu, Chibok,
    Damboa, Dikwa, Gubio, Guzamala, Gwoza, Hawul, Jere, Kaga, Kala/Balge,
    Konduga, Kukawa, Kwaya Kusar, Mafa, Magumeri, Maiduguri, Marte, Mobbar,
    Monguno, Ngala, Nganzai, Shani.
    Capital City: Maiduguri
  9. State: Cross River
    Local Government Areas: Abi, Akamkpa, Akpabuyo, Bakassi, Bekwara, Biase,
    Boki, Calabar-Municipal, Calabar South, Etung, Ikom, Obanliku, Obubra, Obudu,
    Odukpani, Ogoja, Yakurr, Yala.
    Capital City: Calabar
  10. State: Delta
    Local Government Areas: Aniocha North, Aniocha South, Bomadi, Burutu,
    Ethiope East, Ethiope West, Ika North East, Ika South, Isoko North, Isoko South,
    Ndokwa East, Ndokwa West, Okpe, Oshimili North, Oshimili South, Patani,
    Sapele, Udu, Ughelli North, Ughelli South, Ukwuani, Uvwie, Warri North, Warri
    South, Warri South West.
    Capital City: Asaba
  11. State: Ebonyi
    Local Government Areas: Abakaliki, Afikpo North, Afikpo South, Ebonyi, Ezza
    North, Ezza South, Ikwo, Ishielu, Ivo, Izzi, Ohaozara, Ohaukwu, Onicha.
    Capital City: Abakaliki
  12. State: Edo
    Local Government Areas: Akoko-Edo, Egor, Esan Central, Esan North East, Esan
    South East, Esan West, Etsako Central, Etsako East, Etsako West, Igueben,
    Ikpoba-Okha, Oredo, Orhionmwon, Ovia North East, Ovia South West, Owan
    East, Owan West, Uhunmwonde.
    Capital City: Benin City
  13. State: Ekiti
    Local Government Areas: Ado Ekiti, Aiyekire, Efon, Ekiti East, Ekiti South West,
    Ekiti West, Emure, Idosi-Osi, Ijero, Ikere, Ikole, Ilemeji, Irepodun/Ifelodun,
    Ise/Orun, Moba, Oye.
    Capital City: Ado Ekiti
  14. State: Enugu
    Local Government Areas: Aninri, Awgu, Enugu East, Enugu North, Enugu South,
    Ezeagu, Igbo-Etiti, Igbo-Eze North, Igbo-Eze South, Isi-Uzo, Nkanu East, Nkanu
    West, Nsukka, Oji-River, Udenu, Udi, Uzo-Uwani.
    Capital City: Enugu
  15. State: Gombe
    Local Government Areas: Akko, Balanga, Billiri, Dukku, Funakaye, Gombe,
    Kaltungo, Kwami, Nafada, Shomgom, Yamaltu/Deba.
    Capital City: Gombe
  16. State: Imo
    Local Government Areas: Aboh-Mbaise, Ahiazu-Mbaise, Ehime-Mbano,
    Ezinihitte, Ideato North, Ideato South, Ihitte/Uboma, Ikeduru, Isiala bano, Isu,
    Mbaitoli, Ngor-Okpala, Njaba, Nwangele, Nkwerre, Obowo, Oguta,
    Ohaji/Egbema, Okigwe, Orlu, Orsu, Oru East, Oru West, Owerri-Municipal,
    Owerri North, Owerri West, Unuimo.
    Capital City: Owerri
  17. State: Jigawa
    Local Government Areas: Auyo, Babura, Birni Kudu, Biriniwa, Buji, Dutse,
    Gagarawa, Garki, Gumel, Guri, Gwaram, Gwiwa, Hadejia, Jahun, Kafin Hausa,
    Kaugama Kazaure, Kiri Kasamma, Kiyawa, Maigatari, Malam Madori, Miga,
    Ringim, Roni, Sule-Tankarkar, Taura, Yankwashi.
    Capital City: Dutse
  18. State: Kaduna
    Local Government Areas: Birnin-Gwari, Chikun, Giwa, Igabi, Ikara, Jaba, Jema’a,
    Kachia, Kaduna North, kaduna South, Kagarko, Kajuru, kauru, Kubau, kudan,
    Lere, Markafi, Sabon-Gari, Sanga, Soba, Zango-Kataf, Zaria.
    Capital City: Kaduna
  19. State: Kano
    Local Government Areas: Ajingi, Albasu, Bagwai, Bebeji, Bichi, Bunkure, Dala,
    Dambatta, Dawakin Kudu, Dawakin Tofa, Doguwa, Fagge, Gabasawa, Garko,
    Garum Mallam, Gaya, Gezawa,Gwale, Gwarzo, Kabo, Kano Municipal, Karaye,
    Kibiya, Kiru, kumbotso, Kunchi, Kura, Madobi, Makoda, Minjibir, Nasarawa,
    Rano, Rimin Gado, Rogo, Shanono, Sumaila, Takali, Tarauni, Tofa, Tsanyawa,
    Tudun Wada, Ungogo, Warawa, Wudil.
    Capital City: Kano
  20. State: Katsina
    Local Government Areas: Bakori, Batagarawa, Batsari, Baure, Bindawa,
    Charanchi, Dandume, Danja, Dan Musa, Daura, Dutsi, Dutsin-Ma, Faskari,
    Funtua, Ingawa, Jibia, Kafur, Kaita, Kankara, Kankia, Katsina, Kurfi, Kusada,
    Mai’Adua, Malumfashi, Mani, Mashi, Matazuu, Musawa, Rimi, Sabuwa, Safana,
    Sandamu, Zango.
    Capital City: Katsina
  21. State: Kebbi
    Local Government Areas: Aleiro, Arewa-Dandi, Argungu, Augie, Bagudo, Birnin
    Kebbi, Bunza, Dandi, Fakai, Gwandu, Jega, Kalgo, Koko/Besse, Maiyama, Ngaski,
    Sakaba, Shanga, Suru, Wasagu/Danko, Yauri, Zuru.
    Capital City: Birnin Kebbi
  22. State: Kogi
    Local Government Areas: Adavi, Ajaokuta, Ankpa, Bassa, Dekina, Ibaji, Idah,
    Igalamela-Odolu, Ijumu, Kabba/Bunu, Kogi, Lokoja, Mopa-Muro, Ofu,
    Ogori/Mangongo, Okehi, Okene, Olamabolo, Omala, Yagba East, Yagba West.
    Capitcal City: Lokoja
  23. State: Kwara
    Local Government Areas: Asa, Baruten, Edu, Ekiti, Ifelodun, Ilorin East, Ilorin
    West, Irepodun, Isin, Kaiama, Moro, Offa, Oke-Ero, Oyun, Pategi.
    Capital City: Ilorin
  24. State: Lagos
    Local Government Areas: Agege, Ajeromi-Ifelodun, Alimosho, Amuwo-Odofin,
    Apapa, Badagry, Epe, Eti-Osa, Ibeju/Lekki, Ifako-Ijaye, Ikeja, Ikorodu, Kosofe,
    Lagos Island, Lagos Mainland, Mushin, Ojo, Oshodi-Isolo, Shomolu, Surulere.
    Capital City: Ikeja
  25. State: Nasarawa
    Local Government Areas: Akwanga, Awe, Doma, Karu, Keana, Keffi, Kokona,
    Lafia, Nasarawa, Nasarawa-Eggon, Obi, Toto, Wamba.
    Capital City: Lafia
  26. State: Niger
    Local Government Areas: Agaie, Agwara, Bida, Borgu, Bosso, Chanchaga, Edati,
    Gbako, Gurara, Katcha, Kontagora, Lapai, Lavun, Magama, Mariga, Mashegu,
    Mokwa, Muya, Pailoro, Rafi, Rijau, Shiroro, Suleja, Tafa, Wushishi.
    Capital City: Minna
  27. State: Ogun
    Local Government Areas: Abeokuta North, Abeokuta South, Ado-Odo/Ota,
    Egbado North, Egbado South, Ewekoro, Ifo, Ijebu East, Ijebu North, Ijebu North
    East, Ijebu Ode, Ikenne, Imeko-Afon, Ipokia, Obafemi-Owode, Ogun Waterside,
    Odeda, Odogbolu, Remo North, Shagamu.
    Capital City: Abeokuta
  28. State: Ondo
    Local Government Areas: Akoko North East, Akoko North West, Akoko South
    Akure East, Akoko South West, Akure North, Akure South, Ese-Odo, Idanre,
    Ifedore, Ilaje, Ile-Oluji-Okeigbo, Irele, Odigbo, Okitipupa, Ondo East, Ondo
    West, Ose, Owo.
    Capital City: Akure
  29. State: Osun
    Local Government Areas: Aiyedade, Aiyedire, Atakumosa East, Atakumosa
    West, Boluwaduro, Boripe, Ede North, Ede South, Egbedore, Ejigbo, Ife Central,
    Ife East, Ife North, Ife South, Ifedayo, Ifelodun, Ila, Ilesha East, Ilesha West,
    Irepodun, Irewole, Isokan, Iwo, Obokun, Odo-Otin, Ola-Oluwa, Olorunda,
    Oriade, Orolu, Osogbo.
    Capital City: Oshogbo
  30. State: Oyo
    Local Government Areas: Afijio, Akinyele, Atiba, Atigbo, Egbeda, Ibadan Central,
    Ibadan North, Ibadan North West, Ibadan South East, Ibadan South West,
    Ibarapa Central, Ibarapa East, Ibarapa North, Ido, Irepo, Iseyin, Itesiwaju,
    Iwajowa, Kajola, Lagelu Ogbomosho North, Ogbmosho South, Ogo Oluwa,
    Olorunsogo, Oluyole, Ona-Ara, Orelope, Ori Ire, Oyo East, Oyo West, Saki East,
    Saki West, Surulere.
    Capital City: Ibadan
  31. State: Plateau
    Local Government Areas: Barikin Ladi, Bassa, Bokkos, Jos East, Jos North, Jos
    South, Kanam, Kanke, Langtang North, Langtang South, Mangu, Mikang,
    Pankshin, Qua’an Pan, Riyom, Shendam, Wase.
    Capital City: Jos
  32. State: Rivers
    Local Government Areas: Abua/Odual, Ahoada East, Ahoada West, Akuku Toru,
    Andoni, Asari-Toru, Bonny, Degema, Emohua, Eleme, Etche, Gokana, Ikwerre,
    Khana, Obia/Akpor, Ogba/Egbema/Ndoni, Ogu/Bolo, Okrika, Omumma,
    Opobo/Nkoro, Oyigbo, Port-Harcourt, Tai.
    Capital City: Port-Harcourt
  33. State: Sokoto
    Local Government Areas: Binji, Bodinga, Dange-shnsi, Gada, Goronyo, Gudu,
    Gawabawa, Illela, Isa, Kware, Kebbe, Rabah, Sabon Birni, Shagari, Silame, Sokoto
    North, Sokoto South, Tambuwal, Tqngaza, Tureta, Wamako, Wurno, Yabo.
    Capital City: Sokoto
  34. State: Taraba
    Local Government Areas: Ardo-Kola, Bali, Donga, Gashaka, Cassol, Ibi, Jalingo,
    Karin-Lamido, Kurmi, Lau, Sardauna, Takum, Ussa, Wukari, Yorro, Zing.
    Capital City: Jalingo
  35. State: Yobe
    Local Government Areas: Bade, Bursari, Damaturu, Fika, Fune, Geidam, Gujba,
    Gulani, Jakusko, Karasuwa, Karawa, Machina, Nangere, Nguru Potiskum,
    Tarmua, Yunusari, Yusufari.
    Capital City: Damaturu
  36. State: Zamfara
    Local Government Areas: Anka, Bakura, Birnin Magaji, Bukkuyum, Bungudu,
    Gummi, Gusau, Kaura, Namoda, Maradun, Maru, Shinkafi, Talata Mafara, Tsafe,
    Zurmi.
    Capital City: Gusau

Part II

  1. Definition of Federal Capital Territory, Abuja
    The definition of the boundaries of the Federal Capital Territory, Abuja referred to
    under Chapters 1 and VIII of this Constitution is as follows:
    Starting from the village called Izom on 7°E Longitude and 9° 15 Latitude, project a
    straight line westward to a point just north of Lehu on the Kemi River, then project a
    line along 6° 47½ ‘E southward passing close to the villages called Semasu, Zui and
    Bassa down to a place a little west of Abaji town; thence project a line along parallel
    8° 27½ ‘N Latitude to Ahinza village 7° 6” (on Kanama River); thence a straight line to
    Buga Village on 8° 30 ‘N Latitude and 7” 20’E Longitude; thence draw a line
    northwards joining the villages of Odu, Karshi and Karu. From Karu the line shall
    proceed along the boundary between the Niger and Plateau States as far as Kawu;
    thence the line shall proceed along the boundary between Kaduna and Niger States
    up to a point just north of Bwari village, hence the line goes straight to Zuba village
    and thence straight to Izom.
  2. Federal Capital Territory, Abuja
    Area Council/Headquarters
    Abaji/Abaji
    Abuja Municipal/Garki
    Bwari/Bwari
    Gwagwalada/Gwagwalada
    Kuje/Kuje
    Kwali/Kwali

Credit: constituteproject.org
Adapted from: https://www.constituteproject.org/constitution/Nigeria_2011.pdf?lang=en

Section 318-320 of the Nigerian Constitution 1999

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.

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

Section 309-317 of the Nigerian Constitution 1999

Section 309-317 of the Nigerian Constitution 1999

Sections 309 to 317 of the Nigerian Constitution 1999 are under Part III (Transitional Provisions and Savings) of Chapter VIII (Federal Capital Territory, Abuja and General Supplementary Provisions) of the constitution.

Section 309 of the Nigerian Constitution 1999

Citizenship

Notwithstanding the provisions of Chapter III of this Constitution but subject to section 28 thereof, any person
who became a citizen of Nigeria by birth, registration or naturalisation under the provisions of any other
Constitution shall continue to be a citizen of Nigeria under this Constitution.

Section 310 of the Nigerian Constitution 1999

Staff of legislative houses

(1) Until the National Assembly or a House of Assembly has exercised its powers to initiate legislation in
accordance with the provisions of section 51 or 93 of this Constitution, the Clerk or other staff of a legislative house
shall be appointed, as respects each House of the National Assembly by the Federal Civil Service Commission, and
as respects a House of Assembly by the State Civil Service Commission.
(2) In exercising its powers under the provisions of this section, the Federal Civil Service Commission shall consult,
as appropriate, the President of the Senate or the Speaker of the House of the Representatives, and a State Civil
Service Commission shall consult the Speaker of the House of Assembly of the State.

Section 311 of the Nigerian Constitution 1999

Standing Orders

(1) The provisions of this section shall have effect until the National Assembly or a House of Assembly
exercises the powers conferred upon it by section 60 or 101 of this Constitution as appropriate.
(2) The Standing Orders of the Senate established under the former Constitution shall apply in relation to the
proceedings in the Senate established under this Constitution.
(3) The Standing Orders of the House of Representatives established under the former Constitution shall apply in
relation to the proceedings in the House of Representatives established under this Constitution.
(4) The Standing Orders of a House of Assembly established under the former Constitution shall apply in relation to
a House of Assembly of a State established under this Constitution.
(5) The Standing Orders of the former legislative houses referred to in subsections (2), (3) and (4) of this section,
shall apply in relation to a legislative house with such modifications as may be necessary to bring them into
conformity with the provisions of this Constitution.
(6) In this section, the “former Constitution” refers to the Constitution of the Federal Republic of Nigeria 1979.

Section 312 of the Nigerian Constitution 1999

Special provisions in respect of first election

(1) The electoral commission established for the Federation under any law in force immediately before the date
when this section comes into force shall be responsible for performing the functions conferred on the Independent
National Electoral Commission established by the provisions of this Constitution.
(2) Any person who before the coming into force of this Constitution was elected to any elective office mentioned in
this Constitution in accordance with the provisions of any law in force immediately before the coming into force of
this Constitution shall be deemed to have been duly elected to that office under this Constitution.

Section 313 of the Nigerian Constitution 1999

System of revenue allocation

Pending any Act of the National Assembly for the provision of a system of revenue allocation between the
Federation and the States, among the States, between the States and local government councils and among the local
government councils in the States, the system of revenue allocation in existence for the financial year beginning
from 1st January 1998 and ending on 31st December 1998 shall, subject to the provisions of this Constitution and as
from the date when this section comes into force, continue to apply:
Provided that where functions have been transferred under this Constitution from the Government of the Federation
to the States and from the States to local government councils the appropriations in respect of such functions shall
also be transferred to the States and the local government councils, as the case may require.

Section 314 of the Nigerian Constitution 1999

Debts

Any debt of the Federation or of a State which immediately before the date when this section comes into force
was charged on the revenue and assets of the Federation or on the revenue and assets of a State shall, as from the
date when this section comes into force, continue to be so charged.

Section 315 of the Nigerian Constitution 1999

Existing law

(1) Subject to the provisions of this Constitution, an existing law shall have effect with such modifications as
may be necessary to bring it into conformity with the provisions of this Constitution and shall be deemed to be –
(a) an Act of the National Assembly to the extent that it is a law with respect to any matter on which the National
Assembly is empowered by this Constitution to make laws; and
(b) a Law made by a House of Assembly to the extent that it is a law with respect to any matter on which a House of
Assembly is empowered by this Constitution to make laws.

(2) The appropriate authority may at any time by order make such modifications in the text of any existing law as
the appropriate authority considers necessary or expedient to bring that law into conformity with the provisions of
this Constitution.

(3) Nothing in this Constitution shall be construed as affecting the power of a court of law or any tribunal
established by law to declare invalid any provision of an existing law on the ground of inconsistency with the
provision of any other law, that is to say-
(a) any other existing law;
(b) a Law of a House of Assembly;
(c) an Act of the National Assembly; or
(d) any provision of this Constitution.

(4) In this section, the following expressions have the meanings assigned to them, respectively –
(a) “appropriate authority” means –
(i) the President, in relation to the provisions of any law of the Federation,
(ii) the Governor of a State, in relation to the provisions of any existing law deemed to be a Law made by the House
of Assembly of that State, or
(iii) any person appointed by any law to revise or rewrite the laws of the Federation or of a State;
(b) “existing law” means any law and includes any rule of law or any enactment or instrument whatsoever which is
in force immediately before the date when this section comes into force or which having been passed or made before
that date comes into force after that date; and
(c) “modification” includes addition, alteration, omission or repeal.

(5) Nothing in this Constitution shall invalidate the following enactments, that is to say –
(a) the National Youth Service Corps Decree 1993;
(b) the Public Complaints Commission Act;
(c) the National Security Agencies Act;
(d) the Land Use Act,
and the provisions of those enactments shall continue to apply and have full effect in accordance with their tenor and
to the like extent as any other provisions forming part of this Constitution and shall not be altered or repealed except
in accordance with the provisions of section 9 (2) of this Constitution.

(6) Without prejudice to subsection (5) of this section, the enactments mentioned in the said subsection shall
hereafter continue to have effect as Federal enactments and as if they related to matters included in the Exclusive
Legislative List set out in Part I of the Second Schedule to this Constitution.

Section 316 of the Nigerian Constitution 1999

Existing offices, courts and authorities

(1) Any office, court of law or authority which immediately before the date when this section comes into force
was established and charged with any function by virtue of any other Constitution or law shall be deemed to have
been duly established and shall continue to be charged with such function until other provisions are made, as if the
office, court of law or authority was established and charged with the function by virtue of this Constitution or in
accordance with the provisions of a law made thereunder.

(2) Any person who immediately before the date when this section comes into force holds office by virtue of any
other Constitution or law in force immediately before the date when this section comes into force shall be deemed to
be duly appointed to that office by virtue of this Constitution or by any authority by whom appointments to that
office fall to be made in pursuance of this Constitution.

(3) Notwithstanding the provisions of subsection (2) of this section, any person holding such office, a member of a
court of law or authority, who would have been required to vacate such office, or where his membership of such
court of law or authority would have ceased but for the provisions of the said subsection (2) of this section, shall at
the expiration of the period prescribed therefor after the date when this section comes into force vacate such office
or, as the case may be, his membership of such court of law or authority shall cease, accordingly.

(4) The foregoing provisions of this section are without prejudice to the exercise of such powers as may be conferred
by virtue of this Constitution or a law upon any authority or person to make provisions with respect to such matters
as may be prescribed or authorised by this Constitution or such law, including the establishment and abolition of
offices, courts of law or authorities, and with respect to the appointment of persons to hold offices or to be members
of courts of law or authorities and their removal from such offices, courts of law or authorities.

Section 317 of the Nigerian Constitution 1999

Succession to property, rights, liabilities and obligations

(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 thereof vest in, or become exercisable of
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.

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Section 305-308 of the Nigerian Constitution 1999

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.

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.

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.

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