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:

SEE ALSO  Section 42 of the Nigerian Constitution 1999

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:

SEE ALSO  Section 280-284 of the Nigerian Constitution 1999

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

Published by

Inioluwa Olaposi

Hi, there. I'm Inioluwa, founder of LawHub NG. I study Law at Obafemi Awolowo University, Nigeria. And I am interested in entrepreneurship and human development. Contact me at Inioluwa@lawhub.com.ng.

Leave a Reply

Your email address will not be published.