We the people of the Federal Republic of Nigeria, having firmly and
solemnly resolve, to
live in unity and harmony as one
indivisible and indissoluble sovereign nation under God,
dedicated to the promotion of
inter-African solidarity, world peace, international
co-operation and understanding, and
to provide for a Constitution for the purpose of
promoting the good government and
welfare of all persons in our country, on the principles
of freedom, equality and justice, and
for the purpose of consolidating the unity of our
people;
Do hereby make, enact and give to
ourselves the following Constitution:-
CHAPTER I
GENERAL PROVISIONS
Part I
Federal Republic of Nigeria
1.
(1)
This Constitution is supreme and its provisions shall have binding
force on the
authorities
and persons throughout the Federal Republic of Nigeria.
(2)
The Federal Republic of Nigeria shall not be governed, nor shall any
persons or
group of persons take control of the
Government of Nigeria or any part thereof, except in
accordance
with the provisions of this Constitution.
(3)
If any other law is inconsistent with the provisions of this
Constitution, this
Constitution shall prevail, and that
other law shall, to the extent of the inconsistency, be
void.
2.
(1)
Nigeria is one indivisible and indissoluble sovereign state to be
known by the name
of the Federal Republic of Nigeria.
(2)
Nigeria shall be a Federation consisting of States and a Federal
Capital Territory.
3.
(1)
There shall be 36 states in Nigeria, that is to say, Abia, Adamawa,
Akwa Ibom,
Anambra,
Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo,
Ekiti, Enugu,
Gombe, Imo,
Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa,
Niger, Ogun,
Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara.
(2)
Each state of Nigeria, named in the first column of Part I of the
First Schedule to
this
Constitution, shall consist of the area shown opposite thereto in
the second column of
that
Schedule.
(3)
The headquarters of the Governor of each State shall be known as the
Capital
City of
that State
as shown in the third column of the said Part I of the First
Schedule
opposite
the State
named in the first column thereof.
(4)
The Federal Capital Territory, Abuja, shall be as defined in Part II
of the First
Scheduled to
this Constitution.
(5)
The provisions of this Constitution in Part I of Chapter VIII hereof
shall in relation
to the
Federal
Capital Territory, Abuja, have effect in the manner set out
thereunder.
(6)
There shall be 768 Local Government Areas in Nigeria as shown in the
second
column
of Part I of
the First Schedule to this Constitution and six area councils as
shown in
Part II
of that
Schedule.
PART II
Powers of the Federal Republic of
Nigeria
4.
(1)
The legislative powers of the Federal Republic of Nigeria shall be
vested in a
National
Assembly for
the Federation, which shall consist of a Senate and a House of
Representatives.
(2)
The National Assembly shall have power to make laws for the peace,
order and
good
government
of the Federation or any part thereof with respect to any matter
included
in the
Exclusive
Legislative List set out in Part I of the Second Schedule to this
Constitution.
(3)
The power of the National Assembly to make laws for the peace, order
and good
government
of the Federation with respect to any matter included in the
Exclusive
Legislative
List shall, save as otherwise provided in this Constitution, be to
the
exclusion of
the Houses
of Assembly of States.
(4)
In addition and without prejudice to the powers conferred by
subsection (2) of
this
section, the
National Assembly shall have power to make laws with respect to the
following
matters, that is to say:-
(a) any matter in the Concurrent Legislative List set out in the
first column of
Part II of the Second Schedule to this Constitution to the extent
prescribed in
the second column opposite thereto; and
(b) any other matter with respect to which it is empowered to make
laws in
accordance with the provisions of this Constitution.
(5)
If any Law enacted by the House of Assembly of a State is
inconsistent with any
law
validly made
by the National Assembly, the law made by the National Assembly
shall
prevail, and
that other Law shall, to the extent of the inconsistency, be void.
(6)
The legislative powers of a State of the Federation shall be vested
in the House
of
Assembly of
the State.
(7) The
House of Assembly of a State shall have power to make laws for the
peace,
order
and good
government of the State or any part thereof with respect to the
following
matters,
that is to
say:-
(a) any matter not included in the Exclusive Legislative List set
out in Part I
of the Second Schedule to this Constitution.
(b) any matter included in the Concurrent Legislative List set out
in the first
column of Part II of the Second Schedule to this Constitution to the
extent
prescribed in the second column opposite thereto; and
(c) any other matter with respect to which it is empowered to make
laws in
accordance with the provisions of this Constitution.
(8)
Save as otherwise provided by this Constitution, the exercise of
legislative powers
by
the National
Assembly or by a House of Assembly shall be subject to the
jurisdiction of
courts of
law and of judicial tribunals established by law, and accordingly,
the National
Assembly
or a House of Assembly shall not enact any law, that ousts or
purports to
oust
the
jurisdiction of a court of law or of a judicial tribunal established
by law.
(9)
Notwithstanding the foregoing provisions of this section, the
National Assembly or
a
House of
Assembly shall not, in relation to any criminal offence whatsoever,
have
power to
make any law
which shall have retrospective effect.
5.
(1)
Subject to the provisions of this Constitution, the executive powers
of the
Federation:
(a) shall be vested in the President and may subject as aforesaid
and to the
provisions of any law made by the National Assembly, be exercised by
him
either directly or through the Vice-President and Ministers of the
Government
of the Federation or officers in the public service of the
Federation; and
(b) shall extend to the execution and maintenance of this
Constitution, all
laws made by the National Assembly and to all matters with respect
to
which the National Assembly has, for the time being, power to make
laws.
(2)
Subject to the provisions of this Constitution, the executive powers
of a State:
(a) shall be vested in the Governor of that State and may, subject
as
aforesaid and to the provisions of any Law made by a House of
Assembly,
be exercised by him either directly or through the Deputy Governor
and
Commissioners of the Government of that State or officers in the
public
service of the State; and
(b) shall extend to the execution and maintenance of this
Constitution, all
laws made by the House of Assembly of the State and to all matters
with
respect to which the House of Assembly has for the time being power
to
make laws.
(3) The executive powers vested in a State under subsection (2) of
this section
shall be
so exercised
as not to:-
(a) impede or prejudice the exercise of the executive powers of the
Federation;
(b) endanger any asset or investment of the Government of the
Federation
in that State; or
(c) endanger the continuance of a Federal Government in Nigeria.
(4) Notwithstanding the foregoing provisions of this section:-
(a) the President shall not declare a state of war between the
Federation
and another country except with the sanction of a resolution of both
Houses
of the National Assembly, sitting in a joint session; and
(b) except with the prior approval of the Senate, no member of the
armed
forces of the Federation shall be deployed on combat duty outside
Nigeria.
(5) Notwithstanding the provisions of subsection (4) of this
section, the President,
in
consultation
with the National Defence Council, may deploy members of the armed
forces
of the
Federation on a limited combat duty outside Nigeria if he is
satisfied that the
national
security is under imminent threat or danger:
Provided
that the President shall, within seven days of actual combat
engagement,
seek
the consent
of the Senate and the Senate shall thereafter give or refuse the
said
consent
within 14
days.
6.
(1) The judicial powers of the Federation shall be vested in the
courts to which this
section
relates, being courts established for the Federation.
(2) The judicial powers of a State shall be vested in the courts to
which this section
relates,
being courts established, subject as provided by this Constitution,
for a State.
(3) The courts to which this section relates, established by this
Constitution for the
Federation
and for the States, specified in subsection (5) (a) to (1) of this
section,
shall be
the only
superior courts of record in Nigeria; and save as otherwise
prescribed by the
National
Assembly or by the House of Assembly of a State, each court shall
have all
the
powers of a
superior court of record.
(4) Nothing in the foregoing provisions of this section shall be
construed as
precluding:-
(a) the National Assembly or any House of Assembly from establishing
courts, other than those to which this section relates, with
subordinate
jurisdiction to that of a High Court;
(b) the National Assembly or any House of Assembly, which does not
require it, from abolishing any court which it has power to
establish or which
it has brought into being.
(5) This section relates to:-
(a) the Supreme Court of Nigeria;
(b) the Court of Appeal;
(c) the Federal High Court;
(d) the high Court of the Federal Capital Territory, Abuja;
(e) the Sharia Court of Appeal of the Federal Capital Territory,
Abuja;
(g) a Sharia Court of Appeal of a State;
(h) the Customary Court of Appeal of the Federal Capital Territory,
Abuja;
(f) a Customary Court of Appeal of a State;
(j) such other courts as may be authorised by law to exercise
jurisdiction
on matters with respect to which the National Assembly may make
laws;
and
(k) such other court as may be authorised by law to exercise
jurisdiction
at first instance or on appeal on matters with respect to which a
House of
Assembly may make laws.
(6) The judicial powers vested in accordance with the foregoing
provisions of this
section
-
(a) shall extend, notwithstanding anything to the contrary
government or
authority and to any persons in Nigeria, and to all actions and
proceedings
relating thereto, for the determination of any question as to the
civil rights
and obligations of that persons;
(c) shall not except as otherwise provided by this Constitution,
extend to
any issue or question as to whether any act of omission by any
authority or
person or as to whether any law or any judicial decision is in
conformity with
the Fundamental Objectives and Directive Principles of State Policy
set out
in Chapter II of this Constitution;
(d) shall not, as from date when this section comes into force,
extend to
any action or proceedings relating to any existing law made on or
after 15th
January, 1966 for determining any issue or question as to the
competence of
any authority or person to make any such law.
(7).
(1) The system of local government by democratically elected local
government
councils is
under this Constitution guaranteed; and accordingly, the Government
of
every
State shall,
subject to section 8 of this Constitution, ensure their existence
under a
Law
which
provides for the establishment, structure, composition, finance and
functions of
such
councils.
(2) The person authorised by law to prescribe the area over which a
local
government
council may
exercise authority shall-
(a) define such area as clearly as practicable; and
(b) ensure, to the extent to which it may be reasonably justifiable
that in
defining such area regard is paid to -
(i) the common interest of the community in the area;
(ii) traditional association of the community; and
(iii) administrative convenience.
(3) it shall be the duty of a local government council within the
State to participate
in
economic
planning and development of the area referred to in subsection (2)
of this
section
and to this
end an economic planning board shall be established by a Law enacted
by
the
House of
Assembly of the State.
(4) The Government of a State shall ensure that every persons who is
entitled to
vote or
be voted for
at an election to House of Assembly shall have the right to vote or
be
voted for
at an
election to a local government council.
(5) The functions to be conferred by Law upon local government
council shall
include
those set
out in the Fourth Schedule to this Constitution.
(6) Subject to the provisions of this Constitution -
(a) the National Assembly shall make provisions for statutory
allocation of
public revenue to local government councils in the Federation; and
(b) the House of Assembly of a State shall make provisions for
statutory
allocation of public revenue to local government councils within the
State.
(8).
(1) An Act of the National Assembly for the purpose of creating a
new State shall
only
be passed
if-
(a) a request, supported by at least two-thirds majority of members
(representing the area demanding the creation of the new State) in
each of
the following, namely -
(i) the Senate and the House of Representatives,
(ii) the House of Assembly in respect of the area, and
(iii) the local government councils in respect of the area,
is received by the National Assembly;
(b) a proposal for the creation of the State is thereafter approved
in a
referendum by at least two-thirds majority of the people of the area
where the
demand for creation of the State originated;
(c) the result of the referendum is then approved by a simple
majority of all
the States of the Federation supported by a simple majority of
members of
the Houses of Assembly; and
(d) the proposal is approved by a resolution passed by two-thirds
majority
of members of each House of the National Assembly.
(2) An Act of the National Assembly for the purpose of boundary
adjustment of any
existing
State shall only be passed if-
(a) a request for the boundary adjustment, supported by two-thirds
majority of members (representing the area demanding and the area
affected
by the boundary adjustment) in each of the following, namely-
(i) the Senate and the House of Representatives,
(ii) the House of Assembly in respect of the area, and
(iii) the local government councils in respect of the area.
is received by the National Assembly; and
(b) a proposal for the boundary adjustment is approved by -
(i) a simple majority of members of each House of the
National Assembly, and
(ii) a simple majority of members of the House of Assembly
in respect of the area concerned.
(3) A bill for a Law of a House of Assembly for the purpose of
creating a new local
government
area shall only be passed if -
(a) a request supported by at least two-thirds majority of members
(representing the area demanding the creation of the new local
government
area) in each of the following, namely -
(i) the House of Assembly in respect of the area, and
(ii) the local government councils in respect of the area,
is received by the House of Assembly.
(b) a proposal for the creation of the local government area is
thereafter
approved in a referendum by at least two-thirds majority of the
people of the
local government area where the demand for the proposed local
government
area originated;
(c) the result of the referendum is then approved by a simple
majority of
the members in each local government council in a majority of all
the local
government councils in the State; and
(d) the result of the referendum is approved by a resolution passed
by
two-thirds majority of members of the House of Assembly.
(4) A bill for a Law of House of Assembly for the purpose of
boundary adjustment of
any
existing
local government area shall only be passed if-
(a) a request for the boundary adjustment is supported by two-thirds
majority of members (representing the area demanding and the area
affected
by the boundary adjustment) in each of the following, namely -
(i) the House of Assembly in respect of the area, and
(ii) the local government council in respect of the area,
is received by the House of Assembly; and
(b) a proposal for the boundary adjustment is approved by a simple
majority of members of the House of Assembly in respect of the area
concerned.
(5) An Act of the National Assembly passed in accordance with this
section shall
make
consequential provisions with respect to the names and headquarters
of State or
Local
government
areas as provided in section 3 of this Constitution and in Parts I
and II of
the
First
Schedule to this Constitution.
(6) For the purpose of enabling the National Assembly to exercise
the powers
conferred
upon it by
subsection (5) of this section, each House of Assembly shall, after
the
creation
of more
local government areas pursuant to subsection (3) of this section,
make
adequate
returns to
each House of the National Assembly
9.
(1) The National Assembly may, subject to the provision of this
section, alter any of
the
provisions
of this Constitution.
(2) An Act of the National Assembly for the altertion of this
Constitution, not being
an
Act to which
section 8 of this Constitution applies, shall not be passed in
either House
of
the National
Assembly unless the proposal is supported by the votes of not less
than
two-thirds
majority of all the members of that House and approved by resolution
of
the
Houses of
Assembly of not less than two-thirds of all the States.
(3) An Act of the National Assembly for the purpose of altering the
provisions of this
section,
section 8 or Chapter IV of this Constitution shall not be passed by
either
House of
the National
Assembly unless the proposal is approved by the votes of not less
than
four-fifths
majority of all the members of each House, and also approved by
resolution
of
the House of
Assembly of not less than two-third of all States.
(4) For the purposes of section 8 of this Constitution and of
subsections (2) and (3)
of
this
section, the number of members of each House of the National
Assembly shall,
notwithstanding any vacancy, be deemed to be the number of members
specified in
sections 48
and 49 of this Constitution.
10. The Government of
the Federation or of a State shall not adopt any religion as
State Religion.
11.
(1) The National Assembly may make laws for the Federation or any
part therefore
with
respect to
the maintenance and securing of public safety and public order and
providing,
maintaining
and securing of such supplies and service as may be designed by the
National
Assembly as
essential supplies and services.
(2) Nothing in this section shall preclude a House of Assembly from
making laws with
respect
to the matter referred to in this section, including the provision
for
maintenance and
securing of
such supplies and services as may be designated by the National
Assembly
as
essential supplies and services.
(3) During any period when the Federation is at war the National
Assembly may
make
such laws
for the peace, order and good government of the Federation or any
part
therefore
with respect
to matters not included in the Exclusive Legislative List as may
appear to
it to
be necessary
or expedient for the defence of the Federation.
(4) At any time when any House of Assembly of a State is unable to
perform its
functions by
reason of the situation prevailing in that State, the National
Assembly
may
make such
laws for the peace, order and good government of that State with
respect
to
matters on
which a House of Assembly may make laws as may appear to the
National
Assembly to
be necessary or expedient until such time as the House of Assembly
is
able
to resume
its functions; and any such laws enacted by the National Assembly
pursuant to
this section
shall have effect as if they were laws enacted by the House of
Assembly
of the
State:
Provided
that nothing in this section shall be construed as conferring on the
National
Assembly
power to remove the Governor or the Deputy Governor of the State
from
office.
(5) For the purposes of subsection (4) of this section, a House of
Assembly shall not
be
deemed to be
unable to perform its functions so long as the House of Assembly can
hold a
meeting and
transact business.
12.
(1) No treaty between the Federation and any other country shall
have the force of
law
to the
extent to which any such treaty has been enacted into law by the
National
Assembly.
(2) The National Assembly may make laws for the Federation or any
part thereof
with
respect to
matters not included in the he Exclusive Legislative List for the
purpose of
implementing
a treaty.
(3) A bill for an Act of the National Assembly passed pursuant to
the provisions of
subsection
(2) of this section shall not be presented to the President for
assent, and
shall not be enacted unless it is
ratified by a majority of all the House of Assembly in the
Federation.
