Section 221-229 of the Nigerian Constitution 1999

08 Jun, 2020 Constitution of the Federal Republic of Nigeria 1999 0 Comments 0

Preamble to the Constitution Section 1 – Supremacy of constitution Section 2 – The Federal Republic of Nigeria Section 3 – States of the Federation and the Federal Capital Territory, Abuja Section 4 – Legislative powers Section 5 – Executive powers Section 6 – Judicial powers Section 7 – Local government system Section 8 – New states and boundary adjustment, etc. Section 9 – Mode of altering provisions of the constitution Section 10 – Prohibition of State Religion Section 11 – Public order and public security Section 12 – Implementation of treaties Section 13-24 – Chapter II [Fundamental Objectives and directive Principles of State Policy] Section 25-32 – Chapter III [Citizenship] Section 33 – Right to life Section 34 – Right to dignity of human persons Section 35 – Right to personal liberty Section 36 – Right to fair hearing Section 37 – Right to private and family life Section 38 – Right to freedom of thought, conscience and religion Section 39 – Right to freedom of expression and the press Section 40 – Right to peaceful assembly and association Section 41 – Right to freedom of movement Section 42 – Right to freedom from discrimination Section 43 – Right to acquire and own immovable property Section 44 – Compulsory acquisition of property Section 45 – Restriction on and derogation from fundamental human rights Section 46 – Special jurisdiction of High Court and Legal aid Section 47-51 [Part I – National Assembly (A – Composition and Staff of National Assembly)] Section 52-64 (B – Procedure for Summoning and Dissolution of National Assembly) Section 65-70 (C – Qualifications for Membership of National Assembly and Right of Attendance) Section 71-79 (D – Elections to National Assembly) Section 80-89 (E – Powers and Control over Public Funds) Section 90-93 [Part II – House of Assembly of a State (A – Composition and Staff of House of Assembly)] Section 94-105 (B – Procedure for Summoning and Dissolution of House of Assembly) Section 106-111 (C – Qualification for Membership of House of Assembly and Right of Attendance) Section 112-119 (D – Elections to a House of Assembly) Section 120-129 (E – Powers and control over Public Funds) Section 130-152 [Part I – Federal Executive (A – The President of the Federation)] Section 153-161 (B – Establishment of Certain Federal Executive Bodies) Section 162-168 (C – Public Revenue) Section 169-175 (D – The Public Service of the Federation) Section 176-196 [Part II – State Executive (A – The Governor of a State)] Section 197-205 (B – Establishment of Certain State Executive Bodies) Section 206-212 (C – The Public Service of State) Section 213 [Part III – Supplemental (A – National Population Census)] Section 214-216 (B – Nigeria Police Force) Section 217-220 (C – Armed Forces of the Federation) Section 221-229 (D – Political Parties) Section 230-236 [Part I – Federal Courts (A – The Supreme Court of Nigeria)] Section 237-248 (B – The Court of Appeal) Section 249-254 (C – The Federal High Court) Section 255-259 (D – The High Court of the Federal Capital Territory, Abuja) Section 260-264 (E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja) Section 265-269 (F – The Customary Court of appeal of the Federal Capital Territory, Abuja) Section 270-274 [Part II – State Courts (A – High Court of a State)] Section 275-279 (B – Sharia Court of Appeal of a State) Section 280-284 (C – Customary Court of Appeal of a State) Section 285 [Part III – Election Tribunals] Section 286-296 [Part IV – Supplemental] Section 297-304 [Part I – Federal Capital Territory, Abuja] Section 305-308 [Part II – Miscellaneous Provisions] Section 309-317 [Part III – Transitional Provisions and Savings] Section 318-320 [Part IV – Interpretation, Citation and Commencement] First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule

Section 221 to 229 of the Nigerian Constitution 1999

Table of Contents

Section 221 to 229 of the Nigerian Constitution 1999 is under D (Political Parties) of Part III (Supplemental) of Chapter VI (The Executive) of the constitution.

Section 221 of the Nigerian Constitution 1999

Prohibition of political activities by certain associations

No association, other than a political party, shall canvass for votes for any candidate at any election or
contribute to the funds of any political party or to the election expenses of any candidate at an election.

Section 222 of Nigerian Constitution 1999

Restrictions on formation of political parties

No association by whatever name called shall function as a party, unless –
(a) the names and addresses of its national officers are registered with the Independent National Electoral
Commission;
(b) the membership of the association is open to every citizen of Nigeria irrespective of his place of origin,
circumstance of birth, sex, religion or ethnic grouping;
(c) a copy of its constitution is registered in the principal office of the Independent National Electoral Commission
in such form as may be prescribed by the Independent National Electoral Commission;
(d) any alteration in its registered constitution is also registered in the principal office of the Independent National
Electoral Commission within thirty days of the making of such alteration
(e) the name of the association, its symbol or logo does not contain any ethnic or religious connotation or give the
appearance that the activities of the association are confined to a part only of the geographical area of Nigeria; and
(f) the headquarters of the association is situated in the Federal Capital Territory, Abuja.

Section 223 of the Nigerian Constitution 1999

Constitution and rules of political parties

(1) The constitution and rules of a political party shall-
(a) provide for the periodical election on a democratic basis of the principal officers and members of the executive
committee or other governing body of the political party; and
(b) ensure that the members of the executive committee or other governing body of the political party reflect the
federal character of Nigeria.
(2) For the purposes of this section –
(a) the election of the officers or members of the executive committee of a political party shall be deemed to be
periodical only if it is made at regular intervals not exceeding four years; and
(b) the members of the executive committee or other governing body of the political character of Nigeria only if the
members thereof belong to different states not being less in number than two-thirds of all the states of the Federation
and the Federal Capital Territory, Abuja.

Section 224 of the Nigerian Constitution 1999

Aims and objectives

The programme as well as the aims and objects of a political party shall conform with the provisions of Chapter
II of this Constitution.

Section 225 of the Nigerian Constitution 1999

Finances of political parties

(1) Every political party shall, at such times and in such manner as the independent National Electoral
Commission and publish a statement of its assets and liabilities.
(2) Every political party shall submit to the Independent National Electoral Commission a detailed annual statement
and analysis of its sources of funds and other assets together with a similar statement of its expenditure in such form
as the Commission may require.
(3) No political party shall –
(a) hold or possess any funds or other assets outside Nigeria; or
(b) be entitled to retain any funds or assets remitted or sent to it from outside Nigeria.
(4) Any funds or other assets remitted or sent to a political party from outside Nigeria shall be paid over or
transferred to the Commission within twenty-one days of its receipt with such information as the Commission may
require.
(5) The Commission shall have power to give directions to political parties regarding the books or records of
financial transactions which they shall keep and, to examine all such books and records.
(6) The powers conferred on the Commission under subsection (4) of this section may be exercised by it through any
member of its staff or any person who is an auditor by profession, and who is not a member of a political party.

Section 226 of the Nigerian Constitution 1999

Annual reports on finances

(1) The Independent National Electoral commission, shall in every year prepare and submit to the National
Assembly a report on the accounts and balance sheet of every political party.
(2) It shall be the duty of the commission, in preparing its report under this section, to carry out such investigations
as will enable it to form an opinion as to whether proper books of accounts and proper records have been kept by
any political party, and if the Commission is of the opinion that proper books of accounts have not been kept by a
political party, the Commission shall so report.
(3) Every member of the Commission or its duly authorised agent shall –
(a) have a right of access at all times to the books and accounts and vouchers of all political parties; and
(b) be entitled to require from the officers of the political party such information and explanation which to the best
of his knowledge and belief are necessary for the purposes of the investigation, the Commission shall state that fact
in its report.

Section 227 of the Nigerian Constitution 1999

Prohibition of quasi-military organisations

No association shall retain, organise, train or equip any person or group of persons for the purpose of enabling
them to be employed for the use or display of physical force or coercion in promoting any political objective or
interest or in such manner as to arouse reasonable apprehension that they are organised and trained or equipped for
that purpose.

Section 228 of the Nigerian Constitution 1999

Powers of the national assembly with respect to political parties

The National Assembly may by law provide –
(a) for the punishment of any person involved in the management or control of any political party found after due
inquiry to have contravened any of the provisions of sections 221, 225(3) and 227 of this Constitution;
(b) for the disqualification of any persons from holding public office on the ground that he knowingly aids or abets a
political party in contravening section 225(3) of this Constitution;
(c) for an annual grant to the Independent National Electoral Commission for disbursement to political parties on a
fair and equitable basis to assist them in the discharge of their functions; and
(d) for the conferment on the Commission of other powers as may appear to the National Assembly to be necessary
or desirable for the purpose of enabling the Commission more effectively to ensure that political parties observe the
provisions of this part of this chapter.

Section 229 of the Nigerian Constitution 1999

Interpretation

In this Part of this chapter, unless the context otherwise requires –
“association” means any body of persons corporate or unincorporate who agree to act together for any commission
purpose, and includes an association formed for any ethnic, social, cultural, occupational religious purpose; and
“political party” includes any association whose activities include canvassing for votes in support of a candidate for
election to the office of President, Vice-President, Governor, Deputy Governor or membership of a legislative house
or of a local government council.

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

LawGlobal Hub

Search a Keyword!