FEDERAL CAPITAL
TERRITORY, ABUJA AND GENERAL
SUPPLEMENTARY
PROVISIONS
Part I
Federal Capital
Territory, Abuja
297.
(1) There shall be a Federal
Capital Territory, Abuja the boundaries of which are as
defined in Part II of the First Schedule
to this Constitution.
(2)The ownership of all lands
comprised in the Federal Capital Territory, Abuja shall
vest in the Government of the Federal
Republic of Nigeria.
298. The Federal Capital Territory,
Abuja shall be the Capital of the Federation and seat of the
Government of the Federation.
299. The provisions of this
Constitution shall apply to the Federal Capital Territory, Abuja as if it
were one of the States of the Federation; and
accordingly -
(a) all the legislative
powers, the executive powers and the judicial
powers vested in the House of
Assembly, the Governor of a State and in
the courts of a State shall,
respectively, vest in the National Assembly,
the President of the Federation and
in the courts which by virtue of the
foregoing provisions are courts
established for the Federal Capital
Territory, Abuja;
(b) all the powers referred
to in paragraph (a) of this section shall be
exercised in accordance with the
provisions of this Constitution; and
(c) the provisions of this
Constitution pertaining to the matters aforesaid
shall be read with such
modifications and adaptations as may be
reasonably necessary to bring them
into conformity with the provisions of
this section.
300. For the purposes of Chapter V of
this Constitution, the Federal Capital Territory, Abuja shall
constitute one Senatorial district and as
many Federal constituencies as it is entitled to under section
49 of this Constitution.
301. Without prejudice to the
generality of the provisions of section 299 of this Constitution, in its
application to the Federal Capital Territory,
Abuja, this Constitution shall be construed as if-
(a) references to the
Governor, Deputy Governor and the executive
council of a State (howsoever
called) were references to the President,
Vice-President and the executive
council of the Federation (howsoever
called) respectively;
(b) references to the Chief
Judge and Judges of the High Court of a
State were references to the Chief
Judge and Judges of the High Court,
which is established for the
Federal Capital Territory, Abuja by the
provisions of this Constitution;
and
(c) references to persons,
offices and authorities of a State were
references to the persons, offices
and authorities of the Federation with
like status, designations and
powers, respectively; and in particular, as if
references to the Attorney-General,
Commissioners and the
Auditor-General for a State were
references to the Attorney-General,
Ministers and the Auditor-General
of the Federation with like status,
designations and powers.
302. The President may, in exercise of
the powers conferred upon him by section 147 of this
Constitution, appoint for the Federal Capital
Territory, Abuja a Minister who shall exercise such
powers and perform such functions as may be
delegated to him by the President, from time to time.
303. The Federal Capital Territory,
Abuja shall comprise six area councils and the administrative
and political structure thereof shall be as
provided by an Act of the National Assembly.
304.
(1) There shall be for the Federal
Capital Territory, Abuja, a Judicial Service
Committee of the Federal Capital
Territory, Abuja, the composition and functions of
which shall be as provided in Part III
of the Third Schedule to this Constitution.
(2) The provisions of sections
154(1) and (3), 155, 156, 157(1) and (2), 158(1) and
159 to 161 of this Constitution shall
apply with necessary modifications to the Judicial
Service Committee of the Federal Capital
Territory, Abuja.
Part II
Miscellaneous Provisions
305.
(1) Subject to the provisions of
this Constitution, the President may by instrument
published in the Official -Gazette} of
the Government of the Federation issue a
Proclamation of a state of emergency in
the Federation or any part thereof.
(2) The President shall
immediately after the publication, transmit copies of the
Official -Gazette} of the Government of
the Federation containing the proclamation
including the details of the emergency
to the President of the Senate and the Speaker
of the House of Representatives, each of
whom shall forthwith convene or arrange for a
meeting of the House of which he is
President or Speaker, as the case may be, to
consider the situation and decide
whether or not to pass a resolution approving the
Proclamation.
(3) The President shall have power
to issue a Proclamation of a state of emergency
only when -
(a) the Federation is at war;
(b) the Federation is in
imminent danger of invasion or involvement in a
state of war;
(c) there is actual breakdown
of public order and public safety in the
Federation or any part thereof to
such extent as to require extraordinary
measures to restore peace and
security;
(d) there is a clear and
present danger of an actual breakdown of public
order and public safety in the
Federation or any part thereof requiring
extraordinary measures to avert
such danger;
(e) there is an occurrence or
imminent danger, or the occurrence of any
disaster or natural calamity,
affecting the community or a section of the
community in the Federation;
(f) there is any other public
danger which clearly constitutes a threat to
the existence of the Federation; or
(g) the President receives a
request to do so in accordance with the
provisions of subsection (4) of
this section.
(4) The Governor of a State may,
with the sanction of a resolution supported by
two-thirds majority of the House of
Assembly, request the President to issue a
Proclamation of a state of emergency in
the State when there is in existence within the
State any of the situations specified in
subsection (3) (c), (d) and (e) of this section and
such situation does not extend beyond
the boundaries of the State.
(5) The President shall not issue
a Proclamation of a state of emergency in any case
to which the provisions of subsection
(4) of this section apply unless the Governor of the
State fails within a reasonable time to
make a request to the President to issue such
Proclamation.
(6) A Proclamation issued by the
President under this section shall cease to have
effect -
(a) if it is revoked by the
President by instrument published in the
Official Gazette of the Government
of the Federation;
(b) if it affects the
Federation or any part thereof and within two days
when the National Assembly is in
session, or within ten days when the
National Assembly is not in
session, after its publication, there is no
resolution supported by two-thirds
majority of all the members of each
House of the National Assembly
approving the Proclamation;
(c) after a period of six
months has elapsed since it has been in force:
Provided that the National
Assembly may, before the expiration of the
period of six months aforesaid,
extend the period for the Proclamation of
the state of emergency to remain in
force from time to time for a further
period of six months by resolution
passed in like manner; or
(d) at any time after the
approval referred to in paragraph (b) or the
extension referred to in paragraph
(c) of this subsection, when each
House of the National Assembly
revokes the Proclamation by a simple
majority of all the members of each
House.
306.
(1) Save as otherwise provided in
this section, any person who is appointed, elected
or otherwise selected to any office
established by this Constitution may resign from that
office by writing under his hand
addressed to the authority or person by whom he was
appointed, elected or selected.
(2) The resignation of any person
from any office established by this Constitution
shall take effect when the writing
signifying the resignation is received by the authority
or person to whom it is addressed or by
any person authorised by that authority or
person to receive it.
(3) The notice of resignation of
the President and of the Vice-President shall
respectively be addressed to the
president of the Senate and to the President.
(4) On the resignation of the
President, the President of the Senate shall forthwith
give notice of the resignation to the
Speaker of the House of Representatives.
(5) The notice of resignation of
the Governor and of the Deputy Governor of a State
shall respectively be addressed to the
Speaker of the House of Assembly and the
Governor of the State.
(6) The notice of resignation of
the President of the Senate and of the Speaker of the
House of Representatives shall in each
case be addressed to the Clerk of the National
Assembly, and the notice of resignation
of the Speaker of a House of Assembly shall be
addressed to the Clerk of the House of
Assembly of the State.
(7) The notice of resignation of a
member of a legislative house shall be addressed to
the President of the Senate or, as the
case may require, to the Speaker of the
legislative house in question.
307. Notwithstanding any provisions
contained in Chapter IV and subject to sections 131 and 177
of this Constitution, no citizen of Nigeria
by registration or under a grant of certificate of naturalization
shall within ten years of such registration
or grant, hold any elective or appointive office under this
Constitution.
308.
(1) Notwithstanding anything to
the contrary in this Constitution, but subject to
subsection (2) of this section -
(a) no civil or criminal
proceedings shall be instituted or continued
against a person to whom this
section applies during his period of office;
(b) a person to whom this
section applies shall not be arrested or
imprisoned during that period
either in pursuance of the process of any
court or otherwise; and
(c) no process of any court
requiring or compelling the appearance of a
person to whom this section
applies, shall be applied for or issued:
Provided that in ascertaining
whether any period of limitation has expired
for the purposes of any proceedings
against a person to whom this
section applies, no account shall
be taken of his period of office.
(2) The provisions of subsection
(1) of this section shall not apply to civil proceedings
against a person to whom this section
applies in his official capacity or to civil or
criminal proceedings in which such a
person is only a nominal party.
(3) This section applies to a
person holding the office of President or Vice-President,
Governor or Deputy Governor; and the
reference in this section to "period of office" is a
reference to the period during which the
person holding such office is required to perform
the functions of the office.
Part III
Transitional Provisions and Savings
Citizenship
309. Notwithstanding the provisions of
Chapter III of this Constitution but subject to section 28
thereof, any person who became a citizen of
Nigeria by birth, registration or naturalization under the
provisions of any other Constitution shall
continue to be a citizen of Nigeria under this Constitution.
Staff of legislative house
310.
(1) Until the National Assembly or
a House of Assembly has exercised its powers to
initiate legislation in accordance with
the provisions of section 51 or 93 of this
Constitution, the Clerk or other staff
of a legislative house shall be appointed, as
respects each House of the National
Assembly by the Federal Civil Service
Commission, and as respects a House of
Assembly by the State Civil Service
Commission.
(2) In exercising its powers under
the provisions of this section, the Federal Civil
Service Commission shall consult, as
appropriate, the President of the Senate or the
Speaker of the House of the
Representatives, and a State Civil Service Commission
shall consult the Speaker of the House
of Assembly of the State.
Constitution of the Federal Republic
of Nigeria (Promulgation) 1999 NO. A1035
311.
(1) The provisions of this section
shall have effect until the National Assembly or a
House of Assembly exercises the powers
conferred upon it by section 60 or 101 of this
Constitution as appropriate.
(2) The Standing Orders of the
Senate established under the former Constitution
shall apply in relation to the
proceedings in the Senate established under this
Constitution.
(3) The Standing Orders of the
House of Representatives established under the
former Constitution shall apply in
relation to the proceedings in the House of
Representatives established under this
Constitution.
(4) The Standing Orders of a House
of Assembly established under the former
Constitution shall apply in relation to
a House of Assembly of a State established under
this Constitution.
(5) The Standing Orders of the
former legislative houses referred to in subsections
(2), (3) and (4) of this section, shall
apply in relation to a legislative house with such
modifications as may be necessary to
bring them into conformity with the provisions of
this Constitution.
(6) In this section, the "former
Constitution" refers to the Constitution of the Federal
Republic of Nigeria 1979.
312.
(1) The electoral commission
established for the Federation under any law in force
immediately before the date when this
section comes into force shall be responsible for
performing the functions conferred on
the Independent National Electoral Commission
established by the provisions of this
Constitution.
(2) Any person who before the
coming into force of this Constitution was elected to
any elective office mentioned in this
Constitution in accordance with the provisions of
any law in force immediately before the
coming into force of this Constitution shall be
deemed to have been duly elected to that
office under this Constitution.
313. Pending any Act of the National
Assembly for the provision of a system of revenue allocation
between the Federation and the States, among
the States, between the States and local government
councils and among the local government
councils in the States, the system of revenue allocation in
existence for the financial year beginning
from 1st January 1998 and ending on 31st December 1998
shall, subject to the provisions of this
Constitution and as from the date when this section comes into
force, continue to apply:
Provided that where functions have been
transferred under this Constitution from the Government of
the Federation to the States and from the
States to local government councils the appropriations in
respect of such functions shall also be
transferred to the States and the local government councils, as
the case may require.
314. Any debt of the Federation or of a
State which immediately before the date when this section
comes into force was charged on the revenue
and assets of the Federation or on the revenue and
assets of a State shall, as from the date
when this section comes into force, continue to be so
charged.
315.
(1) Subject to the provisions of
this Constitution, an existing law shall have effect with
such modifications as may be necessary
to bring it into conformity with the provisions of
this Constitution and shall be deemed to
be -
(a) an Act of the National
Assembly to the extent that it is a law with
respect to any matter on which the
National Assembly is empowered by
this Constitution to make laws; and
(b) a Law made by a House of
Assembly to the extent that it is a law
with respect to any matter on which
a House of Assembly is empowered
by this Constitution to make laws.
(2) The appropriate authority may
at any time by order make such modifications in
the text of any existing law as the
appropriate authority considers necessary or
expedient to bring that law into
conformity with the provisions of this Constitution.
(3) Nothing in this Constitution
shall be construed as affecting the power of a court of
law or any tribunal established by law
to declare invalid any provision of an existing law
on the ground of inconsistency with the
provision of any other law, that is to say-
(a) any other existing law;
(b) a Law of a House of
Assembly;
(c) an Act of the National
Assembly; or
(d) any provision of this
Constitution.
(4) In this section, the following
expressions have the meanings assigned to them,
respectively -
(a) "appropriate authority"
means -
(i) the President, in
relation to the provisions of any law of
the Federation,
(ii) the Governor of a
State, in relation to the provisions of
any existing law deemed to be
a Law made by the House of
Assembly of that State, or
(iii) any person
appointed by any law to revise or rewrite
the laws of the Federation or
of a State;
(b) "existing law" means any
law and includes any rule of law or any
enactment or instrument whatsoever
which is in force immediately before
the date when this section comes
into force or which having been passed
or made before that date comes into
force after that date; and
(c) "modification" includes
addition, alteration, omission or repeal.
(5) Nothing in this Constitution
shall invalidate the following enactments, that is to
say -
(a) the National Youth
Service Corps Decree 1993;
(b) the Public Complaints
Commission Act;
(c) the National Security
Agencies Act;
(d) the Land Use Act,
and the provisions of those
enactments shall continue to apply and have full effect in
accordance with their tenor and to the
like extent as any other provisions forming part of
this Constitution and shall not be
altered or repealed except in accordance with the
provisions of section 9 (2) of this
Constitution.
(6) Without prejudice to
subsection (5) of this section, the enactments mentioned in
the said subsection shall hereafter
continue to have effect as Federal enactments and
as if they related to matters included
in the Exclusive Legislative List set out in Part I of
the Second Schedule to this
Constitution.
316.
(1) Any office, court of law or
authority which immediately before the date when this
section comes into force was established
and charged with any function by virtue of any
other Constitution or law shall be
deemed to have been duly established and shall
continue to be charged with such
function until other provisions are made, as if the
office, court of law or authority was
established and charged with the function by virtue
of this Constitution or in accordance
with the provisions of a law made thereunder.
(2) Any person who immediately
before the date when this section comes into force
holds office by virtue of any other
Constitution or law in force immediately before the
date when this section comes into force
shall be deemed to be duly appointed to that
office by virtue of this Constitution or
by any authority by whom appointments to that
office fall to be made in pursuance of
this Constitution.
(3) Notwithstanding the provisions
of subsection (2) of this section, any person
holding such office, a member of a court
of law or authority, who would have been
required to vacate such office, or where
his membership of such court of law or authority
would have ceased but for the provisions
of the said subsection (2) of this section, shall
at the expiration of the period
prescribed therefore after the date when this section
comes into force vacate such office or,
as the case may be, his membership of such
court of law or authority shall cease,
accordingly.
(4) The foregoing provisions of
this section are without prejudice to the exercise of
such powers as may be conferred by
virtue of this constitution or a law upon any
authority or person to make provisions
with respect to such matters as may be
prescribed or authorized by this
constitution or such law, including the establishment
and abolition of offices, courts of law
or authorities, and with respect to the appointment
of persons to hold offices or to be
members of courts of law or authorities and their
removal from such offices, courts of law
or authorities.
317.
(1) Without prejudice to the
generality of section 315 of this constitution, any
property, right, privilege, liability or
obligation which immediately before the date when
this section comes into force was vested
in, exercisable or enforceable by or against-
(a) the former authority of
the Federation as representative or trustee for
the benefit of the Federation;
(b) any former authority of a
state as representative or trustee for the
benefit of the State,
shall on the date when this section
comes into force and without further assurance than
the provisions thereof vest in, or
become exercisable of enforceable by or against the
President and Government of the
Federation, and the Governor and Government of the
state, as the case may be.
(2) For the purposes of this
section -
(a) the President and
Government of the Federation, and the Governor
and Government of a State, shall be
deemed, respectively, to be
successors to the said former
authority of the Federation and former
authority of the state in question;
and
(b) references in this
section to "former authority of the Federation" and
"former authority of a state"
include references to the former Government
of the Federation and the former
government of a state, a local government
authority or any person who
exercised any authority on its behalf.
PART IV
INTERPRETATION, CITATION AND
COMMENCEMENT
318.
(1) In this Constitution, unless
it is otherwise expressly provided or the context
otherwise requires-
"Act" or "Act of the National Assembly"
means any law made by the National Assembly and includes
any law which takes effect under the
provisions of this constitution as an Act of the National
Assembly;
"appointment" or its cognate _expression
includes appointment on promotion and transfer or
confirmation of appointment;
"area council" means each of the
administrative areas within the Federal Capital Territory, Abuja;
"authority" includes government;
"belong to" or its grammatical _expression
when used with reference to a person in a state refers to a
person either or whose parents or any of
whose grand parents was a member of a community
indigenous to that State;
"civil service of the Federation" means
service of the Federation in a civil capacity as staff of the office
of the President, the Vice-President, a
ministry or department of the government of the Federation
assigned with the responsibility for any
business of the Government of the Federation;
"civil service of the State" means service
of the government of a state in a civil capacity as staff of the
office of the governor, deputy governor or a
ministry or department of the government of the state
assigned with the responsibility for any
business of the government of the State;
"Code of Conduct" refers to the Code of
Conduct contained in the Fifth Schedule to this Constitution;
"Commissioner" means a Commissioner of the
Government of a State;
"Concurrent Legislative List" means the
list of matters set out in the first column in Part 11 of the
second schedule to this constitution with
respect to which the National Assembly and a House of
Assembly may make laws to the extent
prescribed, respectively, opposite thereto in the second
column thereof;
"decision" means, in relation to a court,
any determination of that court and includes judgment
decree, order, conviction, sentence or
recommendation;
"enactment" means provision of any law or
a subsidiary instrument;
"Exclusive Legislative List" means the
list in Part 1 of the second schedule to this Constitution;
"existing law" has the meaning assigned to
it in section 315 of this Constitution;
"federal character of Nigeria" refers to
the distinctive desire of the peoples of Nigeria to promote
national unity, foster national loyalty and
give every citizen of Nigeria a sense of belonging to the
nation as expressed in section 14 (3) and (4)
of this Constitution;
"Federation" means the Federal Republic of
Nigeria;
"financial year" means any period of
twelve months beginning on the first day of January in any year or
such other date as the National Assembly may
prescribe;
"function" includes power and duty;
"government" includes the Government of
the Federation, or of any state, or of a local government
council or any person who exercises power of
authority on its behalf;
"Governor" or "Deputy Governor" means the
governor of a state or a deputy governor of a State;
"House of Assembly" means the House of
Assembly of a State;
"Judicial office" means the office of
Chief Justice of Nigeria or a Justice of the Supreme Court, the
President or Justice of the Court of Appeal,
the office of the Chief Judge or a Judge of the Federal High
Court, the office of the Chief Judge or Judge
of the High Court of the Federal Capital Territory, Abuja,
the office of the Chief Judge of a State and
Judge of the High Court of a State, a Grand Kadi or Kadi of
the Sharia Court of Appeal of the Federal
Capital Territory, Abuja, a President or Judge of the
Customary Court of Appeal; of the Federal
Capital Territory, Abuja, a Grand Kadi or Kadi of the Sharia
Court of Appeal of a State; and a reference
to a "judicial officer" is a reference to the holder of any
such office;
"Law" means a law enacted by the House of
Assembly of a State;
"Legislative house" means the Senate,
House of Representatives or a House of Assembly.
"Local government area" or "local
government council" includes an area council;
“member” when used with reference to any
commission or other bodies established by this
Constitution includes the Chairman of that
commission or body;
“Minister” means a Minister of the
Government of the Federation;
“National Assembly” means the Senate and
the House of Representatives established by this
Constitution;
“oath” includes affirmation;
“Oath of Allegiance” means the Oath of
Allegiance prescribed in the Seventh Schedule to this
Constitution;
“Office” when used with reference to the
validity of an election means any office the appointment to
which is by election under this Constitution;
“population quota” –
(a) when used with reference
to a Senatorial district means the number
obtained by dividing the number of
the inhabitants of a State by the
number of districts into which that
State is divided under section 71 (a) of
this Constitution;
(b) when used with reference
to a Federal constituency means the
number obtained by dividing the
number of the inhabitants of Nigeria by
the number of Federal
constituencies into which Nigeria is divided under
section 71 (b) of this
Constitution; and
(c) when used with reference
to a State constituency means the
number obtained by dividing the
number of the inhabitants of a State by
the number of State constituencies
into which that State is divided under
section 112 of this Constitution;
“power” includes function and duty;
“prescribed” means prescribed by or under
this Constitution or any other law;
“President” or “Vice-President” means the
President or Vice-President of the Federal Republic of
Nigeria;
“public service of the Federation” means
the service of the Federation in any capacity in respect of the
Government of the Federation, and includes
service as –
(a) Clerk or other staff of
the National Assembly or of each House of the
National Assembly;
(b) Member of staff of the
Supreme Court, the Court of Appeal, the
Federal High Court, the High Court
of the Federal Capital Territory, Abuja,
the Sharia Court of Appeal of the
Federal Capital Territory, Abuja, the
Customary Court of Appeal of the
Federal Capital Territory, Abuja or other
courts established for the
Federation by this Constitution and by an Act of
the National Assembly;
(c) Member or staff of any
commission or by an Act of the National
Assembly;
(d) Staff of any area
council;
(e) Staff of any statutory
corporation established by an Act of the
National Assembly;
(f) Staff of any educational
institution established or financed principally
by the Government of the
Federation;
(g) Staff of any company or
enterprise in which the Government of the
Federation or its agency own
controlling shares or interest; and
(h) Members or officers of
the armed forces of the Federation or the
Nigeria Police Force or other
government security agencies established
by law;
"public service of a State” means the
service of the State in any capacity in respect of the
Government of the State and includes service
as:
(a) Clerk or other staff of
the House of Assembly;
(b) member of staff of the
High Court, the Sharia court of Appeal, the
Customary Court of Appeal; or other
courts established for a State by this
Constitution or by a Law of a House
of Assembly;
(c) member or staff of any
commission or authority established for the
State by this Constitution or by a
Law of a House of Assembly;
(d) staff of any local
government council;
(e) staff of any statutory
corporation established by a Law of a House of
Assembly;
(f) staff of any educational
institution established or financed principally
by a government of a State; and
(g) staff of any company or
enterprise in which the government of a
State or its agency holds
controlling shares or interest;
"School Certificate or its equivalent"
means
(a) a Secondary School
Certificate or its equivalent, or Grade II
Teacher’s Certificate, the City and
Guilds Certificate; or
(b) education up to Secondary
School Certificate level; or
(c) Primary Six School
Leaving Certificate or its equivalent and -
(i) service in the
public or private sector in the Federation
in any capacity acceptable to
the Independent National
Electoral Commission for a
minimum of ten years, and
(ii) attendance at
courses and training in such institutions
as may be acceptable to the
Independent National Electoral
Commission for periods
totalling up to a minimum of one
year, and
(iii) the ability to
read, write, understand and
communicate in the English
language to the satisfaction of
the Independent National
Electoral Commission, and
(d) any other qualification
acceptable by the Independent National
Electoral Commission;
"Secret society" includes any society,
association, group or body of persons (whether registered or
not) -
(a) that uses secret signs,
oaths, rites or symbols and which is formed
to promote a cause, the purpose or
part of the purpose of which is to
foster the interest of its members
and to aid one another under any
circumstances without due regard to
merit, fair play or justice to the
detriment of the legitimate
interest of those who are not members;
(b) the membership of which
is incompatible with the function or dignity
of any public office under this
Constitution and whose members are sworn
to observe oaths of secrecy; or
(c) the activities of which
are not known to the public at large, the
names of whose members are kept
secret and whose meetings and other
activities are held in secret;
"State" when used otherwise than in
relation to one of the component parts of the Federation,
includes government.
(2) Wherever it is provided that
any authority or person has power to make,
recommend or approve an appointment to
an office, such power shall be construed as
including the power to make, recommend
or approve a person for such appointment,
whether on promotion or otherwise, or to
act in any such office.
(3) In this Constitution,
references to a person holding an office shall include
reference to a person acting in such
office.
(4) The Interpretation Act shall
apply for the purpose of interpreting the provision of
this Constitution.
319. This Constitution may be cited as
the Constitution of the Federal Republic of Nigeria 1999.
320. The provision of this Constitution
shall come into force on 29th day of May 1999.
Schedules
First Schedule
Section 3
Part 1 –
States of the
Federation
State - Local Government Areas
Abia: Aba North, Aba South, Arochukwu,
Bende, Ikwuano, Isiala-Ngwa North,
Isiala-Ngwa South, Isuikwato, Obi Nwa,
Ohafia, Osisioma Ngwa, Ugwunagbo, Ukwa
East, Ukwa West, Umuahia North, Umuahia
South, Umu-Neochi
Capital City: Umuahia
Adamawa: Demsa, Fufore, Ganaye,
Gireri, Gombi, Guyuk, Hong, Jada, Lamurde,
Madagali, Maiha, Mayo-Belwa, Michika,
Mubi North, Mubi South, Numan, Shelleng,
Song, Toungo, Yola North, Yola South.
Capital City: Yola
Akwa Ibom: Abak, Eastern Obolo, Eket,
Esit Eket, Essien Udim, Etim Ekpo, Etinan,
Ibeno, Ibesikpo Asutan, Ibiono Ibom, Ika,
Ikono, Ikot Abasi, Ikot Ekpene, Ini, Itu, Mbo,
Mkpat Enin, Nsit Atai, Nsit Ibom, Nsit
Ubium, Obot Akara, Okobo, Onna, Oron, Oruk
Anam, Udung Uko, Ukanafun, Uruan,
Urue-Offong/Oruko, Uyo.
Capital City: Uyo
Anambra: Aguata, Anambra East,
Anambra West, Anaocha, Awka North, Awka South,
Ayamelum, Dunukofia, Ekwusigo, Idemili
North, Idemili south, Ihiala, Njikoka, Nnewi
North, Nnewi South, Ogbaru, Onitsha
North, Onitsha South, Orumba North, Orumba
South, Oyi.
Capital City: Awka
Bauchi: Alkaleri, Bauchi, Bogoro,
Damban, Darazo, Dass, Ganjuwa, Giade, Itas/Gadau,
Jama’are, Katagum, Kirfi, Misau, Ningi,
Shira, Tafawa-Balewa, Toro, Warji, Zaki
Capital City: Bauchi
Bayelsa: Brass, Ekeremor, Kolokuma/Opokuma,
Nembe, Ogbia, Sagbama, Southern
Jaw, Yenegoa.
Capital City: Yenagoa
Benue: Ado, Agatu, Apa, Buruku, Gboko,
Guma, Gwer East, Gwer West, Katsina-Ala,
Konshisha, Kwande, Logo, Makurdi, Obi,
Ogbadibo, Oju, Okpokwu, Ohimini, Oturkpo,
Tarka, Ukum, Ushongo, Vandeikya..
Capital City: Makurdi
Borno: Abadam, Askira/Uba, Bama, Bayo,
Biu, Chibok, Damboa, Dikwa, Gubio,
Guzamala, Gwoza, Hawul, Jere, Kaga, Kala/Balge,
Konduga, Kukawa, Kwaya Kusar,
Mafa, Magumeri, Maiduguri, Marte, Mobbar,
Monguno, Ngala, Nganzai, Shani.
Capital City: Maiduguri
Cross River: Abi, Akamkpa, Akpabuyo,
Bakassi, Bekwara, Biase, Boki,
Calabar-Municipal, Calabar South, Etung,
Ikom, Obanliku, Obubra, Obudu, Odukpani,
Ogoja, Yakurr, Yala.
Capital City: Calabar.
Delta: Aniocha North, Aniocha South,
Bomadi, Burutu, Ethiope East, Ethiope West, Ika
North East, Ika South, Isoko North,
Isoko South, Ndokwa East, Ndokwa West, Okpe,
Oshimili North, Oshimili South, Patani,
Sapele, Udu, Ughelli North, Ughelli South,
Ukwuani, Uvwie, Warri North, Warri
South, Warri South West.
Capital City: Asaba.
Ebonyi: Abakaliki, Afikpo North,
Afikpo South, Eboniyi, Ezza North, Ezza South, Ikwo,
Ishielu, Ivo, Izzi, Ohaozara, Ohaukwu,
Onicha.
Capital City: Abakaliki.
Edo: Akoko-Edo, Egor, Esan Central,
Esan North East, Esan South East, Esan West,
Etsako Central, Etsako East, Etsako
west, Igueben, Ikpoba-Okha, Oredo, Orhionmwon,
Ovia North East, Ovia South West, Owan
East, Owan West, Uhunmwonde.
Capital City: Benin City.
Ekiti: Ado Ekiti, Aiyekire, Efon,
Ekiti East, Ekiti South West, Ekiti West, Emure,
Ido-Osi, Ijero, Ikre, Ikole, Ilejemeji,
Irepodun/Ifelodun, Ise/orun, Moba, Oye.
Capital City: Ado Ekiti.
Enugu: Aninri, Awgu, Enugu East,
Enugu North, Enugu South, Ezeagu, Igbo-Eiti,
Igbo-Eze North, Igbo-Eze South, Isi-Uzo,
Nkanu East, Nkanu West, Nsukka, Oji-River,
Udenu, Udi, Uzo-Uwani.
Capital City: Enugu.
Gombe: Akko, Balanga, Billiri, Dukku,
Funakaye, Gombe, Kaltungo, Kwami, Nafada,
Shomgom, Yamaltu/Deba.
Capital City: Gombe.
Imo: Aboh-Mbaise, Ahiazu-Mbaise,
Ehime-Mbano, Ezinihitte, Ideato North, Ideato
South, Ihitte/Uboma, Ikeduru, Isiala
Mbano, Isu, Mbaitoli, Ngor-Okpala, Njaba,
Nwangele, Nkwerre, Obowo, Oguta, Ohaji/Egbema,
Okigwe, Orlu, Orsu, Oru East, Oru
West, Owerri-Municipal, Owerri North,
Owerri West, Unuimo.
Capital City: Owerri
Jigawa: Auyo, Babura, Birni Kudu,
Biriniwa, Buji, Dutse, Gagarawa, Garki, Gumel, Guri,
Gwaram, Gwiwa, Hadejia, Jahun, Kafin
Hausa, Kaugama Kazaure, Kiri Kasamma,
Kiyawa, Maigatari, Malam Madori, Miga,
Ringim, Roni, Sule-Tankarkar, Taura,
Yankwashi.
Capital City: Dutse
Kaduna: Birni-Gwari, Chikun, Giwa,
Igabi, Ikara, jaba, Jema’a, Kachia, Kaduna North,
Kaduna South, Kagarko, Kajuru, Kaura,
Kauru, Kubau, Kudan, Lere, Makarfi,
Sabon-Gari, Sanga, Soba, Zango-Kataf,
Zaria.
Capital City: Kaduna
Kano: Ajingi, Albasu, Bagwai, Bebeji,
Bichi, Bunkure, Dala, Dambatta, Dawakin Kudu,
Dawakin Tofa, Doguwa, Fagge, Gabasawa,
Garko, Garum Mallam, Gaya,
Gezawa,Gwale, Gwarzo, Kabo, Kano
Municipal, Karaye, Kibiya, Kiru, kumbotso,
Kunchi, Kura, Madobi, Makoda, Minjibir,
Nasarawa, Rano, Rimin Gado, Rogo, Shanono,
Sumaila, Takali, Tarauni, Tofa, Tsanyawa,
Tudun Wada, Ungogo, Warawa, Wudil.
Capital City: Kano
Katsina: Bakori, Batagarawa, Batsari,
Baure, Bindawa, Charanchi, Dandume, Danja,
Dan Musa, Daura, Dutsi, Dutsin-Ma,
Faskari, Funtua, Ingawa, Jibia, Kafur, Kaita,
Kankara, Kankia, Katsina, Kurfi, Kusada,
Mai’Adua, Malumfashi, Mani, Mashi,
Matazuu, Musawa, Rimi, Sabuwa, Safana,
Sandamu, Zango.
Capital City: Katsina
Kebbi: Aleiro, Arewa-Dandi, Argungu,
Augie, Bagudo, Birnin Kebbi, Bunza, Dandi,
Fakai, Gwandu, Jega, Kalgo, Koko/Besse,
Maiyama, Ngaski, Sakaba, Shanga, Suru,
Wasagu/Danko, Yauri, Zuru.
Capital City: Birnin Kebbi
Kogi: Adavi, Ajaokuta, Ankpa, Bassa,
Dekina, Ibaji, Idah, Igalamela-Odolu, Ijumu,
Kabba/Bunu, Kogi, Lokoja, Mopa-Muro, Ofu,
Ogori/Mangongo, Okehi, Okene,
Olamabolo, Omala, Yagba East, Yagba
West.
Capital City: Lokoja
Kwara: Asa, Baruten, Edu, Ekiti,
Ifelodun, Ilorin East, Ilorin West, Irepodun, Isin,
Kaiama, Moro, Offa, Oke-Ero, Oyun,
Pategi.
Capital City: Ilorin
Lagos:Agege, Ajeromi-Ifelodun,
Alimosho, Amuwo-Odofin, Apapa, Badagry, Epe,
Eti-Osa, Ibeju/Lekki, Ifako-Ijaye, Ikeja,
Ikorodu, Kosofe, Lagos Island, Lagos Mainland,
Mushin, Ojo, Oshodi-Isolo, Shomolu,
Surulere.
Capital City: Ikeja
Nasarawa: Akwanga, Awe, Doma, Karu,
Keana, Keffi, Kokona, Lafia, Nasarawa,
Nasarawa-Eggon, Obi, Toto, Wamba.
Capital City: Lafia
Niger: Agaie, Agwara, Bida, Borgu,
Bosso, Chanchaga, Edati, Gbako, Gurara, Katcha,
Kontagora, Lapai, Lavun, Magama, Mariga,
Mashegu, Mokwa, Muya, Pailoro, Rafi,
Rijau, Shiroro, Suleja, Tafa, Wushishi.
Capital City: Minna
Ogun: Abeokuta North, Abeokuta South,
Ado-Odo/Ota, Egbado North, Egbado South,
Ewekoro, Ifo, Ijebu East, Ijebu North,
Ijebu North East, Ijebu Ode, Ikenne, Imeko-Afon,
Ipokia, Obafemi-Owode, Ogun Waterside,
Odeda, Odogbolu, Remo North, Shagamu.
Capital City: Abeokuta
Ondo: Akoko North East, Akoko North
West,. Akoko South Akure East, Akoko South
West, Akure North, Akure South, Ese-Odo,
Idanre, Ifedore, Ilaje, Ile-Oluji-Okeigbo, Irele,
Odigbo, Okitipupa, Ondo East, Ondo West,
Ose, Owo.
Capital City: Akure
Osun: Aiyedade, Aiyedire, Atakumosa
East, Atakumosa West, Boluwaduro, Boripe,
Ede North, Ede South, Egbedore, Ejigbo,
Ife Central, Ife East, Ife North, Ife South,
Ifedayo, Ifelodun, Ila, Ilesha East,
Ilesha West, Irepodun, Irewole, Isokan, Iwo, Obokun,
Odo-Otin, Ola-Oluwa, Olorunda, Oriade,
Orolu, Osogbo.
Capital City: Oshogbo
Oyo: Afijio, Akinyele, Atiba, Atigbo,
Egbeda, Ibadan Central, Ibadan North, Ibadan North
West, Ibadan South East, Ibadan South
West, Ibarapa Central, Ibarapa East, Ibarapa
North, Ido, Irepo, Iseyin, Itesiwaju,
Iwajowa, Kajola, Lagelu Ogbomosho North,
Ogbmosho South, Ogo Oluwa, Olorunsogo,
Oluyole, Ona-Ara, Orelope, Ori Ire, Oyo
East, Oyo West, Saki East, Saki West,
Surulere.
Capital City: Ibadan
Plateau: Barikin Ladi, Bassa, Bokkos,
Jos East, Jos North, Jos South, Kanam, Kanke,
Langtang North, Langtang South, Mangu,
Mikang, Pankshin, Qua’an Pan, Riyom,
Shendam, Wase.
Capital City: Jos
Rivers: Abua/Odual, Ahoada East,
Ahoada West, Akuku Toru, Andoni, Asari-Toru,
Bonny, Degema, Emohua, Eleme, Etche,
Gokana, Ikwerre, Khana, Obia/Akpor,
Ogba/Egbema/Ndoni, Ogu/Bolo, Okrika,
Omumma, Opobo/Nkoro, Oyigbo,
Port-Harcourt, Tai.
Capital City: Port Harcourt
Sokoto: Binji, Bodinga, Dange-shnsi,
Gada, Goronyo, Gudu, Gawabawa, Illela, Isa,
Kware, kebbe, Rabah, Sabon birni,
Shagari, Silame, Sokoto North, Sokoto South,
Tambuwal, Tqngaza, Tureta, Wamako, Wurno,
Yabo.
Capital City: Sokoto
Taraba: Ardo-kola, Bali, Donga,
Gashaka, Cassol, Ibi, Jalingo, Karin-Lamido, Kurmi,
Lau, Sardauna, Takum. Ussa, Wukari,
Yorro, Zing.
Capital City: Jalingo
Yobe: Bade, Bursari, Damaturu, Fika,
Fune, Geidam, Gujba, Gulani, Jakusko,
Karasuwa, Karawa, Machina, Nangere,
Nguru Potiskum,. Tarmua, Yunusari, Yusufari.
Capital City: Damaturu
Zamfara: Anka, Bakura, Birnin Magaji,
Bukkuyum, Bungudu, Gummi, Gusau, Kaura,
Namoda, Maradun, Maru, Shinkafi, Talata
Mafara. Tsafe, Zurmi.
Capital City: Gusau
Pat II
Definition of Federal Capital Territory
Abuja.
The definition of the boundaries of the
Federal Capital Territory, Abuja referred to under Chapter 1 and
VIII of this Constitution is as follows:
Starting from the village called Izom on
7oE Longitude and 9o 15 Latitude, project a straight line
westward to a point just north of Lehu on the
Kemi River, then project a line along 6 o 47 ½ ‘ E
southward passing close to the villages
called Semasu, Zui and Bassa down to a place a little west of
Abaji town; thence project a line along
parallel 8o 27 ½ ‘N Latitude to Ahinza village 7o 6" on Kanama
River); thence a straight line to Buga
Village on 8o 30 ‘N Latitude and 7" 20’E Longitude; thence draw
a line northwards joining the villages of Odu,
Karshi and Karu. From Karu the line shall proceed along
the boundary between the Niger and Plateau
States as far as Kawu; thence the line shall proceed
along the boundary between Kaduna and Niger
States up to a point just north of Bwari village, hence
the line goes straight to Zuba village and
thence straight to Izom.
2. Federal Capital Territory, Abuja
Area Councils
Area Council Headquarters
Abaji Abaji
Abuja Municipal Garki
Bwari Bwari
Gwagwalada Gwagwalada
Kuje Kuje
Kwali Kwali
Second
Schedule
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
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
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 arbitrations.
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,
including -
(a) 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, trade marks, trade or
business names, industrial designs and merchandise marks.
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
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. Regulations of political parties
57. Service and execution in a State of
the civil and criminal processes, judgments, 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 thereof -
(a) 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
particular -
(a) 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.
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
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 makes 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 exerci | 
