Section 169-175 of the Nigerian Constitution

Section 169 to 175 of the Nigerian Constitution

Section 169 to 175 of the Nigerian Constitution is under D (The Public Service of the Federation) of Part I (Federal Executive) of Chapter VI (The Executive) of the constitution.

Section 169 of the Nigerian Constitution 1999

Establishment of civil service of the Federation

There shall be a civil service of the Federation.

Section 170 of the Nigerian Constitution 1999

Federal Civil service Commission: power to delegate functions

Subject to the provisions of this Constitution, the Federal Civil Service Commission may, with the approval of
the President and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this
Constitution to any of its members or to any officer in the civil service of the Federation.

Section 171 of the Nigerian Constitution 1999

Presidential appointments

(1) Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so
appointed from any such office shall vest in the President.
(2) The offices to which this section applies are, namely –
(a) Secretary to the Government of the Federation;
(b) Head of the Civil Service of the Federation;
(c) Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;
(d) Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Government of the
Federation howsoever designated; and
(e) any office on the personal staff of the President.
(3) An appointment to the office of the Head of the Civil Service of the Federation shall not be made except from
among Permanent Secretaries or equivalent rank in the civil service of the Federation or of a State.
(4) An appointment to the office of Ambassador, High Commissioner or other Principal Representative of Nigeria
abroad shall not have effect unless the appointment is confirmed by the Senate.
(5) In exercising his powers of appointment under this section, the President shall have regard to the federal
character of Nigeria and the need to promote national unity.
(6) Any appointment made pursuant to paragraphs (a) and (e) of subsection (2) of this section shall be at the pleasure
of the President and shall cease when the President ceases to hold office;
Provided that where a person has been appointed from a public service of the Federation or a State, he shall be
entitled to return to the public service of the Federation or of the State when the President ceases to hold office.

Section 172 of the Nigerian Constitution 1999

Code of Conduct

A person in the public service of the Federation shall observe and conform to the Code of Conduct.

Section 173 of the Nigerian Constitution 1999

Protection of pension rights

(1) Subject to the provisions of this Constitution, the right of a person in the public service of the Federation to
receive pension or gratuity shall be regulated by law.
(2) Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1)
of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any
law, including the Code of Conduct.
(3) Pensions shall be reviewed every five years or together with any Federal civil service salary reviews, whichever
is earlier.
(4) Pensions in respect of service in the public service of the Federation shall not be taxed.

Section 174 of the Nigerian Constitution 1999

Public persecutions

(1) The Attorney-General of the Federation shall have power –
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than
a court-martial, in respect of any offence created by or under any Act of the National Assembly;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or
person; and
(c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken
by him or any other authority or person.
(2) The powers conferred upon the Attorney-General of the Federation under subsection (1) of this section may be
exercised by him in person or through officers of his department.
(3) In exercising his powers under this section, the Attorney-General of the Federation shall have regard to the
public interest, the interest of justice and the need to prevent abuse of legal process.

Section 175 of the Nigerian Constitution 1999

Prerogative of mercy

(1) The President may –
(a) grant any person concerned with or convicted of any offence created by an Act of the National Assembly a
pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either for an indefinite or for a specified period, of the execution of any punishment
imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or
(d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or
forfeiture otherwise due to the State on account of such an offence.
(2) The powers of the President under subsection (1) of this section shall be exercised by him after consultation with
the Council of State.
(3) The President, acting in accordance with the advice of the Council of State, may exercise his powers under
subsection (1) of this section in relation to persons concerned with offences against the army, naval or air-force law
or convicted or sentenced by a court-martial.

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

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