Section 71 through 79 of the Nigerian Constitution
Section 71 to 79 of the constitution of Nigeria is titled Elections to National Assembly. It is D under Part I (National Assembly) of Chapter V (The Legislature) of the constitution.
Section 71 of the Nigerian Constitution
Senatorial districts and Federal constituencies
Subject to the provisions of section 72 of this Constitution, the Independent National Electoral
Commission shall –
(a) divide each State of the Federation into three
Senatorial districts for purposes of elections to
the Senate; and
(b) subject to the provisions of section 49 of this
Constitution, divide the Federation into three
hundred and sixty Federal constituencies for
purposes of elections to the House of
Section 72 of the Nigerian Constitution
Size of Senatorial districts and Federal constituencies
No Senatorial district or Federal constituency shall fall within more than one State, and the
boundaries of each district or constituency shall be as contiguous as possible and be such that the
number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable.
Section 73 of the Nigerian Constitution
Periodical review of Senatorial districts and Federal constituencies
(1) The Independent National Electoral Commission shall review the division of States and of the
Federation into Senatorial districts and Federal constituencies at intervals of not less than ten years, and
may alter the districts or constituencies in accordance with the provisions of this section to such extent
as it may consider desirable in the light of the review.
(2) Notwithstanding subsection (1) of this section, the Independent National Electoral
Commission may at any time carry out such a review and alter the districts or
constituencies in accordance with the provisions of this section to such extent as it
considers necessary, in consequence of any amendment to section 8 of this
Constitution or any provision replacing that section, or by reason of the holding of a
census of the population, or pursuant to an Act of the National Assembly.
Section 74 of the Nigerian Constitution
Time when alteration of senatorial districts or Federal constituencies takes effects.
Where the boundaries of any Senatorial district or Federal constituency established under section 71
of this Constitution are altered in accordance with the provisions section 73 hereof, the alteration shall
come into effect after it has been approved by each House of the National Assembly and after the
current life of the Senate (in the case of an alteration to the boundaries of a Senatorial district) or the
House of s (in the case of an alteration to the boundaries of a Federal constituency).
Section 75 of the Nigerian Constitution
Ascertainment of population
For the purposes of section 72 of this Constitution, the number of inhabitants of Nigeria or any part
thereof shall be ascertained by reference to the 1991 census of the population of Nigeria or the latest
census held in pursuance of an Act of the National Assembly after the coming into force of the
provisions of this Part of this Chapter of this Constitution.
Section 76 of the Nigerian Constitution
Time of Election to the National Assembly
(1) Elections to each House of the National Assembly shall be held on a date to be appointed by the
Independent National Electoral Commission.
(2) The date mentioned in subsection (1) of this section shall not be earlier than sixty
days before and not later than the date on which the House stands dissolved, or where
the election to fill a vacancy occurring more than three months before such date; not
later than one month after the vacancy occurred.
Section 77 of the Nigerian Constitution
Direct Election and franchise
(1) Subject to the provisions of this Constitution, every Senatorial district or Federal constituency
established in accordance with the provisions of this Part of this Chapter shall return a member who
shall be directly elected to the Senate or the House of Representatives in such manner as may be
prescribed by an act of the National Assembly.
(2) Every citizen of Nigeria, who has attained the age of eighteen years residing in
Nigeria at the time of the registration of voters for purposes of election to a legislative
house, shall be entitled to be registered as a voter for that election.
Section 78 of the Nigerian Constitution
Supervision of election
The registration of voters and the conduct of elections shall be subject to the direction and
supervision of Independent National Electoral Commission.
Section 79 of the Nigerian Constitution
Power of the National Assembly as to determination of certain questions
The National Assembly shall make provisions in respects –
(a) persons who may apply to an election tribunal
for determination of any question as to whether –
(i) any person has been validly
elected as a member of the
Senate or of the House of
(ii) the term of office of any
person has ceased, or
(iii) the seat in the Senate or in
the House of Representatives of
a member of that House has
(b) circumstances and manner in which, and the
conditions upon which, such application may be
(c) powers, practice and procedure of the election
tribunal in relation to any such application.
Inioluwa Olaposi is a Law student at Obafemi Awolowo Universities, Ile-Ife, Nigeria. Before LawHub NG, he started publishing law-related posts on his former multi-niche website.