Comprehensive Study Guide: Constitution of the Federal Republic of Nigeria 1999 (As Amended)

Preamble and Chapter I: General Provisions

  • Preamble of the Constitution:

    • Solemn resolution of the people of the Federal Republic of Nigeria 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.
    • Enacted to provide a Constitution for promoting good government and welfare of all persons on principles of Freedom, Equality, and Justice, and for consolidating national unity.

  • Chapter I, Part I: Federal Republic of Nigeria:

    • Section 1: Supremacy of the Constitution:
    • Subsection (1): The Constitution is supreme and its provisions have binding force on all authorities and persons throughout Nigeria.
    • Subsection (2): Prohibition of unconstitutional government or takeover of control of the Government of Nigeria or any part thereof.
    • Subsection (3): Inconsistency rule: If any other law is inconsistent with the provisions of this Constitution, the Constitution prevails, and that other law is void to the extent of the inconsistency.
    • Section 2: The Federal Republic of Nigeria:
    • Nigeria is one indivisible and indissoluble Sovereign State known as the Federal Republic of Nigeria.
    • Nigeria is a Federation consisting of States and a Federal Capital Territory.
    • Section 3: States of the Federation and Federal Capital Territory:
    • There are thirty-six (36) States in Nigeria: 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.
    • Area and Capital City of each State are defined in Part I of the First Schedule.
    • Federal Capital Territory (FCT), Abuja boundaries are defined in Part II of the First Schedule.
    • Local Government System: There are seven hundred and sixty-eight (768) Local Government Areas in Nigeria and six (6) Area Councils in the FCT, Abuja.

Map of Nigeria showing state boundaries

  • Chapter I, Part II: Powers of the Federal Republic of Nigeria:
    • Section 4: Legislative Powers:
    • Vested in the National Assembly for the Federation (consisting of the Senate and House of Representatives) and State Houses of Assembly for each State.
    • National Assembly has exclusive power to make laws on matters listed in the Exclusive Legislative List (Part I, Second Schedule).
    • Concurrent Legislative List (Part II, Second Schedule): Both National Assembly and State Houses of Assembly may legislate to the extent prescribed.
    • Federal Law Supremacy: If a State Law is inconsistent with a validly enacted Federal Law, the Federal Law prevails and the State Law is void to the extent of inconsistency.
    • Judicial Review: Exercise of legislative powers is subject to court jurisdiction; legislatures cannot enact laws that oust court jurisdiction.
    • Prohibition of Retrospective Criminal Legislation: No law shall make an act a criminal offence retrospectively.
    • Section 5: Executive Powers:
    • Vested in the President for the Federation (exercised directly or through the Vice-President, Ministers, or officers) and Governors for States (exercised directly or through Deputy Governors, Commissioners, or officers).
    • State executive powers must not impede/prejudice Federal executive powers, endanger Federal assets/investments, or jeopardize the federal union.
    • War Declaration Restrictions: President cannot declare war without a joint session resolution of both Houses of the National Assembly.
    • Foreign Troop Deployment Restrictions: Requires prior Senate approval. If national security is under imminent threat, emergency deployment is permitted after consultation with National Defence Council; President must seek Senate consent within seven (7) days of actual combat engagement, and Senate must grant/refuse consent within fourteen (14) days.
    • Section 6: Judicial Powers:
    • Vested in superior courts of record established for the Federation and States: Supreme Court of Nigeria, Court of Appeal, Federal High Court, National Industrial Court (inserted via 3rd Alteration Act 2010), High Court of FCT Abuja, High Court of a State, Sharia Court of Appeal of FCT Abuja, Sharia Court of Appeal of a State, Customary Court of Appeal of FCT Abuja, Customary Court of Appeal of a State.
    • Extend to all civil rights/obligations questions between persons or between government/authority and persons.
    • Exclusions: Does not extend to non-justiciable Chapter II provisions or questions regarding the validity of laws enacted on or after January 15, 1966.
    • Section 7: Local Government System:
    • Democratically elected local government councils are constitutionally guaranteed.
    • State Governments must enact laws providing for their establishment, structure, composition, finance, and functions.
    • Area definition criteria: Common interest of community, traditional associations, administrative convenience.
    • Economic Planning Board must be established by State law for local government participation in economic development.
    • Statutory allocations of public revenue must be provided by both National Assembly and State Houses of Assembly.
    • Section 8: New States and Boundary Adjustments:
    • State Creation Procedure: Request supported by 2/3 majority of members representing the area in Senate, House of Representatives, State House of Assembly, and Local Government Councils; proposal approved in referendum by 2/3 majority of the people in the area; referendum result approved by simple majority of all States supported by simple majority of State Assemblies; proposal approved by 2/3 majority resolution in each House of National Assembly.
    • Local Government Area Creation Procedure: Request supported by 2/3 majority of area representatives in State Assembly and LG Councils; 2/3 majority referendum approval; approval by simple majority of LG Councils in a majority of LG Councils in the State; 2/3 majority resolution of the State Assembly; returns made to National Assembly for consequential schedule alterations.
    • Section 9: Mode of Altering Constitutional Provisions:
    • General Amendments: Passed by at least 2/3 majority of all members of each House of National Assembly and approved by resolution of State Houses of Assembly of not less than 2/3 of all States.
    • Special Amendments (Section 8, Section 9, Chapter IV Fundamental Rights): Requires at least 4/5 majority of all members of each House of National Assembly and approval by resolution of 2/3 of State Houses of Assembly.
    • Section 10: Prohibition of State Religion:
    • Government of the Federation or of a State shall not adopt any religion as State Religion.
    • Section 11: Public Order and Public Security:
    • Federal legislative override permitted during periods when a State House of Assembly is unable to perform its functions (unable to hold a meeting and transact business). Does not empower National Assembly to remove a Governor or Deputy Governor.
    • Section 12: Implementation of Treaties:
    • Treaties have no force of law unless enacted into law by National Assembly.
    • Treaty implementation bills on matters outside Exclusive Legislative List require ratification by a majority of all State Houses of Assembly.

Chapter II: Fundamental Objectives and Directive Principles of State Policy

  • Section 13: Fundamental Obligations of Government:
    • Duty of all organs of government, authorities, and persons exercising legislative, executive, or judicial powers to observe and apply Chapter II provisions.
  • Section 14: The Government and the People:
    • Federal Republic of Nigeria is a State based on democracy and social justice.
    • Sovereignty belongs to the people; security and welfare of the people is the primary purpose of government.
    • Mandatory application of the Federal Character principle in federal and state agency appointments to prevent predominance of persons from a few states, ethnic, or sectional groups.
  • Section 15: Political Objectives:
    • Motto: Unity and Faith, Peace and Progress.
    • Prohibition of discrimination based on place of origin, sex, religion, status, ethnic or linguistic association.
    • Duty of State to encourage free mobility of people, goods, and services, secure full residence rights, promote inter-marriage, foster cross-sectional associations, and abolish corrupt practices and abuse of power.
  • Section 16: Economic Objectives:
    • Harness national resources to secure maximum welfare, freedom, and happiness based on social justice and equal opportunity.
    • Prevent concentration of wealth or means of production and exchange in few hands.
    • Provision of shelter, food security, reasonable national minimum living wage, old age care, pensions, unemployment, sick benefits, and welfare of the disabled (altered by 5th Alteration No. 34 Act 2023).
    • Major sectors of economy defined as economic activities managed exclusively by Federal Government pursuant to National Assembly resolutions.
  • Section 16A: Food Security (Inserted by 5th Alteration No. 34 Act 2023):
    • State shall direct policy to ensure availability, accessibility, and affordability of food.
    • Continuous upgrading of food production, conservation, and distribution systems.
  • Section 17: Social Objectives:
    • Founded on Freedom, Equality, and Justice.
    • Equal rights, obligations, human dignity, and humane governmental actions.
    • Prevention of exploitation of human or natural resources for non-community benefit.
    • Equal pay for equal work without sex discrimination.
    • Safeguarding health, safety, and welfare of all workers; provision of adequate medical and health facilities.
  • Section 18: Educational Objectives:
    • Ensure equal and adequate educational opportunities at all levels.
    • Promotion of science and technology.
    • Eradication of illiteracy: Provision of free, compulsory, universal primary education; free secondary education; free university education; and free adult literacy programmes as practicable.
  • Section 19: Foreign Policy Objectives:
    • Promotion and protection of national interest; African integration and unity; international cooperation; respect for international law and treaty obligations; peaceful settlement of disputes; promotion of a just world economic order.
  • Section 20: Environmental Objectives:
    • Protect and improve environment; safeguard water, air, land, forest, and wildlife.
  • Section 21: Directives on Nigerian Culture:
    • Protect, preserve, and promote dignity-enhancing Nigerian cultures; encourage development of technological/scientific studies enhancing cultural values.
  • Section 22: Mass Media Obligations:
    • Freedom of press, radio, television, and mass media to uphold fundamental objectives and ensure government accountability to the people.
  • Section 23: National Ethics:
    • Discipline, integrity, dignity of labour, social justice, religious tolerance, self-reliance, and patriotism.
  • Section 24: Duties of Citizens:
    • Abide by Constitution, respect institutions, National Flag, Anthem, Pledge, and lawful authorities; render national service; live in harmony; render assistance to enforcement agencies; declare income honestly and pay tax promptly.

Chapter III: Citizenship

  • Section 25: Citizenship by Birth:
    • Persons born in Nigeria before October 1, 1960 (independence) if either parent or grandparent belongs to an indigenous Nigerian community (provided parent/grandparent was born in Nigeria).
    • Persons born in Nigeria after October 1, 1960 with at least one citizen parent or grandparent.
    • Persons born outside Nigeria with at least one citizen parent.
  • Section 26: Citizenship by Registration:
    • President may register a person if satisfied of good character, clear domicile intention, and taking of Oath of Allegiance (Seventh Schedule).
    • Applicable to: Women married to Nigerian citizens; persons of full age/capacity born outside Nigeria with a citizen grandparent.
  • Section 27: Citizenship by Naturalisation:
    • Qualification requirements: Full age and capacity; good character; domicile intention; acceptable to local community where resident and assimilated into local way of life (certified by Governor); capable of useful contribution; taken Oath of Allegiance; continuous residence in Nigeria for 15 years, or 12 months continuous residence preceding application plus 15 aggregate years within the preceding 20 years.
  • Section 28: Dual Citizenship Rules:
    • Non-birth Nigerian citizens forfeit Nigerian citizenship upon acquiring or retaining citizenship of another country (unless that foreign citizenship was acquired by birth).
  • Section 29: Renunciation of Citizenship:
    • Declaration of renunciation by any Nigerian citizen of full age (18 years and above, or any married woman deemed full age).
    • Registration required by President; President may withhold registration during war or if contrary to public policy.
  • Section 30: Deprivation of Citizenship:
    • Applies to naturalised citizens sentenced to 3+ years imprisonment within 7 years of naturalisation.
    • Applies to registered/naturalised citizens shown by court records or inquiry to be disloyal, or who unlawfully traded/communicated with an enemy during war.
  • Section 31: Deemed Citizens:
    • Parents or grandparents who would have possessed citizen status by birth had they been alive on October 1, 1960.
  • Section 32: Presidential Regulations:
    • President empowered to make regulations for Chapter III, including granting special immigrant status with full residential rights to non-Nigerian spouses of citizens.

Chapter IV: Fundamental Rights

  • Section 33: Right to Life:
    • Every person has a right to life; intentional deprivation prohibited except in execution of a court sentence for a criminal conviction.
    • Exceptions (lawful force): Self-defence/defence of property; effecting lawful arrest or preventing escape; suppressing riot, insurrection, or mutiny.
  • Section 34: Right to Dignity of Human Person:
    • Prohibition of torture, inhuman or degrading treatment, slavery, servitude, and forced/compulsory labour.
    • Exclusions from forced labour: Court sentence labour; military/police required labour; conscientious objector substitute service; emergency/calamity labour; normal communal/civic obligations; compulsory national service (e.g., NYSC).
  • Section 35: Right to Personal Liberty:
    • Deprivation allowed only by law in specific cases: Court sentence/order; failure to comply with court order; bringing person before court on reasonable suspicion of offence; education/welfare of minors (<18 years); care/treatment of infectious disease, unsound mind, addiction, vagrancy; preventing unlawful entry/effecting expulsion or extradition.
    • Detention procedural safeguards: Right to remain silent until consulting legal practitioner; written notification of grounds within 24 hours in a language understood; bringing before court within reasonable time (1 day if court within 40 km radius; 2 days or reasonable period otherwise).
    • Maximum trial wait period: Trial required within 2 months (custody) or 3 months (bail); release required if exceeded.
    • Right to compensation and public apology for unlawful arrest or detention.
  • Section 36: Right to Fair Hearing:
    • Determination of civil rights/obligations or criminal charges by an independent, impartial court/tribunal within a reasonable time.
    • Proceedings and decision announcements must be public (except where court excludes public for public order, morality, defence, minor welfare, or state security reasons certified by Minister/Commissioner).
    • Accused rights: Presumption of innocence; prompt detailed information of offence in understood language; adequate time/facilities for defence; legal representation of choice; cross-examination of prosecution witnesses; free interpreter assistance; copy of judgment within 7 days of trial conclusion.
    • Protection against double jeopardy (no re-trial for same offence after conviction/acquittal/pardon), non-retroactivity of criminal law/penalties, right against self-incrimination, and requirement that criminal offences be defined in written law with prescribed penalties.
  • Section 37: Right to Private and Family Life:
    • Privacy of citizens, homes, correspondence, telephone conversations, and telegraphic communications guaranteed.
  • Section 38: Freedom of Thought, Conscience, and Religion:
    • Right to change religion or belief; manifest and propagate religion in worship, teaching, practice, and observance.
    • Freedom from compulsory religious instruction/ceremonies in educational institutions.
    • Prohibition of secret society participation.
  • Section 39: Freedom of Expression and the Press:
    • Freedom to hold opinions, receive and impart ideas and information.
    • Ownership of dissemination media permitted; ownership of television/wireless broadcasting stations restricted to Federal/State Governments or President-authorised entities.
  • Section 40: Right to Peaceful Assembly and Association:
    • Freedom to assemble freely, associate, form or belong to political parties, trade unions, or associations. Subject to INEC recognition powers for political parties.
  • Section 41: Right to Freedom of Movement:
    • Right to move freely throughout Nigeria, reside in any part, and protection against expulsion or denial of entry/exit.
    • Exceptions: Restrictions on criminal suspects; extradition under reciprocal international agreements.
  • Section 42: Right to Freedom from Discrimination:
    • Protection against disabilities, restrictions, privileges, or advantages based on community, ethnic group, place of origin, sex, religion, political opinion, or circumstance of birth.
  • Section 43: Right to Acquire Immovable Property:
    • Every citizen has the right to acquire and own immovable property anywhere in Nigeria.
  • Section 44: Compulsory Acquisition of Property:
    • Prohibition of compulsory acquisition except under a law requiring prompt compensation and right of access to court/tribunal.
    • Minerals, mineral oils, and natural gas in, under, or upon land/territorial waters/EEZ are vested exclusively in the Federal Government.
  • Section 45: Restrictions and Derogations:
    • Laws restricting Sections 37, 38, 39, 40, 41 valid if reasonably justifiable in a democratic society for defence, public safety, order, morality, health, or protecting others' rights.
    • Emergency derogations permitted for Sections 33/35, but strictly prohibited for Section 33 (except death from war) and Section 36(8) (non-retroactivity).
  • Section 46: Redress for Rights Violations:
    • Original jurisdiction conferred on State High Courts to hear fundamental rights enforcement applications.
    • Chief Justice of Nigeria (CJN) empowered to make practice and procedure rules.
    • National Assembly mandate to provide financial/legal aid to indigent citizens for enforcing rights.

Chapter V: The Legislature

  • Chapter V, Part I: National Assembly:

    • Composition and Staff:
    • Section 47: Establishes National Assembly consisting of Senate and House of Representatives.
    • Section 48: Senate consists of three (3) Senators from each State and one (1) from FCT Abuja (109 Senators total).
    • Section 49: House of Representatives consists of three hundred and sixty (360) members representing constituencies of nearly equal population.
    • Section 50: Presiding officers elected internally: Senate President and Deputy Senate President; Speaker and Deputy Speaker of House of Representatives. Removal requires 2/3 majority vote of that House.
    • Section 51: Establishment of Clerk to National Assembly and staff.
    • Procedure for Summoning, Sittings, and Legislation:
    • Section 52: Declaration of assets and liabilities, Oath of Allegiance, and Oath of Membership mandatory before taking seat.
    • Section 53: Senate President presides at National Assembly and joint sittings; Speaker presides in absence of Senate President.
    • Section 54: Quorum is 1/3 of all members of the House concerned. Inaugural/first sitting quorum is at least 2/3 of all members-elect (inserted by 5th Alteration No. 8 Act 2023).
    • Section 55: Official language is English; Hausa, Igbo, and Yoruba permitted when arrangements are made.
    • Section 56: Voting by simple majority; presiding officer casts tie-breaking vote. Mandatory declaration of direct pecuniary interest.
    • Section 58: Federal legislative power exercised via bills passed by both Houses and assented to by President. 30-day Presidential assent window; 2/3 majority vote override in both Houses bypasses Presidential assent.
    • Section 59: Money Bills (Appropriation, supplementary appropriation, tax bills): Joint Finance Committee convened if Houses disagree within 2 months of financial year start; joint sitting vote if committee fails; Presidential veto overridden by 2/3 majority vote at joint sitting.
    • Section 63: Minimum sitting requirement: Each House must sit for at least 181 days in a year.
    • Section 64: Dissolution at 4-year tenure expiration; extension up to 6 months at a time during war.
    • Qualifications and Disqualifications:
    • Section 65: Qualifications: Citizenship; Senate age minimum = 35 years; House age minimum = 25 years (altered by 4th Alteration No. 27 Act 2017); education up to School Certificate level; political party membership and sponsorship.
    • Section 66: Disqualifications: Voluntary foreign allegiance; certified lunacy/unsound mind; death sentence or imprisonment for dishonesty/fraud; undischarged bankruptcy; public service employment without resigning 30 days prior; secret society membership; forged certificate submitted to INEC.
    • Section 68: Tenure of Seat: Member vacates seat upon joining another legislative house, disqualification, losing citizenship, executive appointment, unapproved absence exceeding 1/3 of sitting days, or party defection (unless defection is due to party division or merger).
    • Section 69: Recall Procedure: Petition signed by >1/2 registered voters in constituency, verified by INEC, and approved in referendum by simple majority within 90 days.
    • Elections and Constituencies:
    • Section 71–73: Division of States into 3 Senatorial Districts and 360 Federal Constituencies. Review mandated at intervals of not less than 10 years or following a census.
    • Section 76–77: Elections held on dates appointed by INEC within 150 to 30 days before House dissolution. Direct election franchise for citizens aged 18+.
    • Control over Public Funds:
    • Section 80: Consolidated Revenue Fund (CRF) of the Federation: All federal revenues paid into CRF unless assigned to specific funds. Withdrawals require Appropriation Act or constitutional authorization.
    • Section 81: Annual Appropriation Bill laid before National Assembly. Direct payment from CRF guaranteed to INEC, National Assembly, and Judiciary (NJC) (substituted by 1st Alteration Act 2010).
    • Section 82: Authorization of expenditure in default of appropriation: President may authorize CRF withdrawals for up to 6 months, capped at previous year's proportionate expenditure.
    • Section 84: Salaries/allowances of President, Vice-President, Judicial Officers, Auditor-General, and Chairmen/members of Federal Executive Bodies charged on CRF as determined by RMAFC. Former Presidents/Vice-Presidents entitled to life pension equal to incumbent salary (unless impeached).
    • Section 85–87: Auditor-General for the Federation appointed by President on Federal Civil Service Commission recommendation, confirmed by Senate. Reports submitted to National Assembly within 90 days of receiving financial statements.
    • Section 88–89: Investigation and evidence powers: National Assembly empowered to conduct investigations into laws and administration of funds, procure evidence, summon witnesses, and issue arrest warrants.

  • Chapter V, Part II: House of Assembly of a State:

    • Composition and Procedure:
    • Section 90–91: State House of Assembly consists of 24 to 40 members representing constituencies.
    • Section 92: Speaker and Deputy Speaker elected internally; removal requires 2/3 majority vote.
    • Section 96: Quorum is 1/3 of all members. Inaugural/first sitting quorum is 2/3 of members-elect (inserted by 5th Alteration No. 8 Act 2023).
    • Section 104: Minimum sittings: At least 181 days per year.
    • Section 105: Dissolution after 4 years.
    • Section 106–107: Qualifications (Age minimum = 25 years per 4th Alteration No. 27) and Disqualifications align with Federal rules.
    • Control over Public Funds and State Disbursement Committee:
    • Section 120–121: State CRF established. Section 121(3) substituted by 5th Alteration No. 6 Act 2023: Direct payment from State CRF to State House of Assembly and State Judiciary.
    • Section 121(3A): Establishes State Disbursement Committee comprising: Commissioner of Finance (Chairman), State Accountant-General, Budget Office representative, Chief Registrars of State Courts, House Clerk, Assembly Service Commission Secretary, Judicial Service Commission Secretary, and House Finance Officer.
    • Section 121(3B–3H): State Accountant-General must disburse capital and recurrent funds in monthly equal installments (1/12th of budget). Pro-rata reductions applied if FAAC/IGR falls short; shortfalls paid as arrears when revenue rises. Full disclosure required within 1 week of funds becoming due.
    • Section 125–127: Auditor-General for a State appointed on State Civil Service Commission recommendation, confirmed by State Assembly. Reports submitted within 90 days.

Chapter VI: The Executive

  • Chapter VI, Part I: Federal Executive:

    • The President of the Federation:
    • Section 130: Establishes Office of President (Head of State, Chief Executive, Commander-in-Chief).
    • Section 131: Qualifications: Citizen by birth; age 35+ (altered by 4th Alteration No. 27); political party member/sponsored; educated to School Certificate level.
    • Section 132–134: Presidential Election Rules:
      • Election date appointed by INEC within 150 to 30 days before tenure expiration.
      • Single Candidate Election: Requires majority YES votes and at least 1/4 of votes cast in at least 2/3 of all States and FCT Abuja.
      • Two or More Candidates Election: Highest total votes cast plus at least 1/4 of votes cast in at least 2/3 of all States and FCT Abuja. Re-run scheduled within 21 days between top candidates if no candidate meets criteria.
    • Section 135: Tenure: 4 years. Re-run tenure rule (Section 135(2A)): Time spent in office before annulment counts towards the 4-year term. Section 137(3) (inserted by 4th Alteration No. 16 Act 2017): A person sworn in as President to complete another's term cannot be elected to the office for more than a single term.
    • Section 143: Impeachment Procedure: Notice signed by at least 1/3 of National Assembly members served on President detailing gross misconduct; 14-day resolution passed by 2/3 majority of each House without debate; Chief Justice of Nigeria appoints 7-member panel of unquestionable integrity within 7 days; panel reports within 3 months; 2/3 majority resolution of each House within 14 days adopting report removes President.
    • Section 144: Removal for Permanent Incapacity: 2/3 majority resolution of Executive Council of the Federation verified by a 5-member medical panel (including personal physician); notice signed by Senate President and Speaker published in Official Gazette.
    • Section 145: Acting President (substituted by 1st Alteration Act 2010): Written declaration transmitted to Senate President and Speaker during vacation/absence. If President fails/is unable to transmit declaration within 21 days, National Assembly mandates Vice-President as Acting President by simple majority resolution in each House.
    • Section 147: Ministers of Federal Government: Appointed by President, confirmed by Senate. Must reflect Federal Character (at least 1 Minister per State who is an indigene). Subsections (2) & (7) altered by 5th Alteration No. 23 Act 2023: Asset declaration required prior to confirmation; nomination MUST be submitted to Senate within sixty (60) days of taking oath of office.
    • Section 150: Attorney-General of the Federation (Chief Law Officer, Minister, minimum 10 years post-call qualification).
    • Federal Executive Bodies (Section 153):
    • Establishes 14 Federal Executive Bodies: Code of Conduct Bureau, Council of State, Federal Character Commission, Federal Civil Service Commission, Federal Judicial Service Commission, Independent National Electoral Commission, National Defence Council, National Economic Council, National Judicial Council, National Population Commission, National Security Council, Nigeria Police Council, Police Service Commission, Revenue Mobilisation Allocation and Fiscal Commission.
    • Section 156: Members must not belong to political parties (specifically mandated for INEC).
    • Section 158: Independent status guaranteed for Code of Conduct Bureau, NJC, FCSC, FJSC, RMAFC, FCC, and INEC.
    • Public Revenue:
    • Section 162: Federation Account: Special account for all Federal revenues (excluding armed forces/police personal income tax, foreign affairs staff tax, and FCT residents tax). Revenue allocation formula proposed by RMAFC; Derivation principle mandatory at not less than thirteen per cent (13%) of revenue derived directly from natural resources.
    • Section 174: Public Prosecutions: Attorney-General of the Federation empowered to institute, take over, and discontinue criminal proceedings before any court (except court-martial). Must consider public interest, justice, and abuse of process prevention.
    • Section 175: Prerogative of Mercy: Exercised by President after consultation with Council of State.

  • Chapter VI, Part II: State Executive:

    • Governor of a State:
    • Section 176–179: Office of Governor (Chief Executive of State). Qualifications match Presidential requirements. Election criteria: Highest votes plus at least 1/4 of votes cast in at least 2/3 of all LGAs in the State.
    • Section 180: Tenure: 4 years. Single-term cap if completing another's term (Section 182(3) per 4th Alteration No. 16).
    • Section 188: Impeachment procedure matches Federal structure (notice by 1/3 State Assembly members, 2/3 resolution, 7-member panel appointed by State Chief Judge, 2/3 adoption resolution).
    • Section 190: Acting Governor: 21-day declaration rule matches Federal rule.
    • Section 192: State Commissioners: Subsections (2) & (6) altered by 5th Alteration No. 23 Act 2023: Asset declaration required before confirmation; nominations MUST be submitted to State Assembly within sixty (60) days of taking oath of office.
    • State Executive Bodies (Section 197):
    • Establishes State Civil Service Commission, State Independent Electoral Commission, and State Judicial Service Commission. (State House of Assembly Service Commission added via 5th Alteration No. 6 Act 2023).

  • Chapter VI, Part III: Supplemental Provisions:

    • National Population Census (Section 213):
    • Census report delivered to President, who lays it before Council of State within 30 days. If rejected by Council of State as inaccurate/perverse, the report is void, and ALL members of the National Population Commission cease to hold office.
    • Nigeria Police Force (Section 214–216):
    • Single unified Police Force for Nigeria. Command vested in Inspector-General of Police (appointed by President on advice of Nigeria Police Council). State Commissioners of Police appointed by Police Service Commission. Governor's security directives to State CP: CP may request referral to President/Minister before executing.
    • Armed Forces of the Federation (Section 217–220):
    • Comprises Army, Navy, Air Force. Command vested in President. Operational use delegated to Service Chiefs. National Assembly body mandated to ensure federal character representation in officer corps.
    • Political Parties (Section 221–229):
    • Associations restricted from campaigning/funding unless registered as political parties. Requirements: Open membership, constitution registered with INEC, headquarters in FCT Abuja, non-sectional name/logo.
    • Section 225A (Inserted by 4th Alteration No. 9 Act 2017): INEC empowered to de-register political parties for breach of registration rules, or failure to win at least 25% of votes in 1 State (Presidential) or 1 LGA (Governorship), or failure to win at least 1 ward (Chairmanship), 1 seat (National/State Assembly), or 1 seat (Councillorship).
    • Section 227: Strict prohibition of quasi-military political organizations.

Chapter VII: The Judicature

  • Chapter VII, Part I: Federal Courts:

    • The Supreme Court of Nigeria:
    • Section 230: Consists of Chief Justice of Nigeria (CJN) and up to twenty-one (21) Justices of the Supreme Court (15+ years post-call qualification).
    • Section 231: Appointed by President on National Judicial Council (NJC) recommendation, subject to Senate confirmation.
    • Section 232: Exclusive Original Jurisdiction in disputes between Federation and States, or between States.
    • Section 233: Exclusive Appellate Jurisdiction over Court of Appeal decisions.
    • Section 234: Quorum: 5 Justices generally; 7 Justices for constitutional interpretation, fundamental rights appeals, or original jurisdiction cases.
    • The Court of Appeal:
    • Section 237: Consists of President of Court of Appeal and at least 49 Justices (min 3 learned in Islamic personal law, min 3 in Customary law; 12+ years post-call qualification).
    • Section 239: Exclusive Original Jurisdiction for Presidential election/vacancy petitions.
    • Section 240: Appellate jurisdiction over Federal High Court, National Industrial Court, State High Courts, Sharia Courts of Appeal, Customary Courts of Appeal, and court-martials.
    • Section 247: Quorum is 3 Justices.
    • The Federal High Court:
    • Section 249–251: Chief Judge and Judges (10+ years post-call qualification). Exclusive civil jurisdiction over federal revenue, taxation, customs, banking, foreign exchange, CAMA, copyright, patents, trademarks, admiralty, citizenship, immigration, extradition, bankruptcy, aviation, military, mines/minerals/oil/gas, treason, and operation/interpretation of Constitution regarding Federal agencies.
    • The National Industrial Court (Inserted by 3rd Alteration Act 2010 - Sections 254A–254F):
    • Consists of President and Judges (10+ years post-call qualification with industrial relations/labour law expertise).
    • Exclusive civil jurisdiction over labour, employment, trade unions, industrial relations, workplace safety, Factories Act, Trade Disputes Act, strike injunctions, workplace discrimination/harassment, international labour standards, child labour, human trafficking, collective agreements, and public officer pensions/entitlements.
    • Powers of a High Court; criminal jurisdiction over labour-related offences.
    • FCT Courts:
    • High Court of FCT Abuja, Sharia Court of Appeal of FCT Abuja (Grand Kadi + Kadis), Customary Court of Appeal of FCT Abuja (President + Judges).

  • Chapter VII, Part II: State Courts:

    • High Court of a State (Section 270–274): Chief Judge and Judges (10+ years post-call). Unlimited civil and criminal jurisdiction subject to Section 251.
    • Sharia Court of Appeal of a State (Section 275–279): Grand Kadi and Kadis (10+ years post-call with recognized Islamic law qualification). Appellate/supervisory jurisdiction in Islamic personal law (marriage, guardianship, wakf, gift, will, succession).
    • Customary Court of Appeal of a State (Section 280–284): President and Judges (10+ years post-call with customary law expertise). Appellate/supervisory jurisdiction in customary law civil proceedings.

  • Chapter VII, Part III: Election Tribunals (Section 285):

    • Establishes National and State Houses of Assembly Election Tribunals and Governorship Election Tribunals. Quorum = Chairman + 1 member.
    • Election Petition Timelines:
    • Petition MUST be filed within 21 days of result declaration.
    • Judgment MUST be delivered within 180 days of petition filing.
    • Appeals MUST be heard and disposed of within 60 days of judgment.
    • Pre-Election Matters Timelines (Subsections 8–14 per 4th Alteration No. 21 Act 2017):
    • Pre-election suit MUST be filed within 14 days of occurrence of event/decision.
    • Judgment MUST be delivered within 180 days of suit filing.
    • Appeal MUST be filed within 14 days of judgment.
    • Appeal MUST be disposed of within 60 days.
    • Preliminary objections/interlocutory jurisdiction rulings MUST be suspended and delivered at final judgment stage (Subsection 8).
    • Candidate MUST fully participate in all election stages to be declared winner (Subsection 13).
    • Force Majeure Non-Reckoning Clause (Subsection 13A inserted by 5th Alteration No. 10 Act 2023):
    • During natural disasters, war, or state/national emergencies preventing filing or sitting, the emergency period shall NOT be reckoned in time computation for pre-election matters or election petitions.

  • Chapter VII, Part IV: Supplemental Provisions:

    • Retirement Age and Pensions of Judicial Officers (Section 291):
    • Supreme Court Justices and Court of Appeal Justices: Optional retirement at 65 years; mandatory retirement at 70 years.
    • Other Judicial Officers: Optional retirement at 60 years; mandatory retirement at 65 years.
    • Pension: 15+ years service entitles officer to life pension equal to last annual salary and allowances.
    • Removal of Judicial Officers (Section 292):
    • Federal/FCT Court Heads removed by President acting on 2/3 majority Senate address; State Court Heads removed by Governor acting on 2/3 majority State Assembly address.
    • All other judicial officers removed by President/Governor acting on NJC recommendation.
    • Judgment Delivery Window (Section 294):
    • Decisions must be delivered in writing within 90 days of evidence and final addresses conclusion; authenticated copies provided within 7 days.

Chapter VIII: Federal Capital Territory, Abuja and Supplementary Provisions

  • Chapter VIII, Part I: Federal Capital Territory, Abuja:

    • Section 297–304:
    • Ownership of all lands in FCT Abuja vested in the Federal Government.
    • FCT Abuja is the Capital and seat of Government of the Federation.
    • Constitution applied as if FCT were a State (National Assembly acts as State Assembly; President acts as Governor).
    • FCT comprises six (6) Area Councils: Abaji, Abuja Municipal, Bwari, Gwagwalada, Kuje, Kwali.
    • Establishes Judicial Service Committee of FCT Abuja.

  • Chapter VIII, Part II: Miscellaneous Provisions:

    • Proclamation of State of Emergency (Section 305):
    • Issued by President via Official Gazette during war, imminent invasion, breakdown of public order/safety, or natural disaster.
    • Gazette transmitted immediately to Senate President and Speaker.
    • Requires 2/3 majority resolution of each House within 2 days (if in session) or 10 days (if not in session).
    • Emergency proclamation lapses after 6 months; extension permitted for 6-month increments by 2/3 majority resolution.
    • Restrictions on Legal Proceedings / Immunity Clause (Section 308):
    • No civil or criminal proceedings, arrest, imprisonment, or court process compelling appearance shall be instituted/continued against sitting President, Vice-President, Governor, or Deputy Governor.
    • Excludes civil actions in official capacity or nominal party status. Limitation periods frozen during term of office.

  • Chapter VIII, Part III: Transitional Provisions and Savings:

    • Protected Enactments (Section 315(5)):
    • National Youth Service Corps (NYSC) Decree 1993, Public Complaints Commission Act, National Security Agencies Act, and Land Use Act remain in full effect as Federal Enactments. Can only be altered or repealed via Section 9(2) constitutional amendment procedure.

  • Chapter VIII, Part IV: Interpretation, Citation, and Commencement:

    • Section 318 Definitions:
    • Belong to: Person whose parent/grandparent was a member of an indigenous community.
    • School Certificate or its equivalent: Secondary School Certificate, Grade II Teacher's Certificate, City and Guilds; or Primary Six Certificate plus 10 years public/private service, 1 year courses/training, and English proficiency.
    • Secret Society: Association using secret signs/oaths/symbols to foster member interests without regard to merit/justice, or whose activities/membership are secret.
    • Section 319–320: Citation as "Constitution of the Federal Republic of Nigeria 1999"; Commencement date: May 29, 1999.

Schedules to the Constitution

  • First Schedule:

    • Part I: List of 36 States, their constituent Local Government Areas (768 LGAs total), and Capital Cities.
    • Part II: Geographic boundary definition of FCT Abuja and definition of 6 Area Councils (Abaji, Abuja Municipal, Bwari, Gwagwalada, Kuje, Kwali).

  • Second Schedule: Legislative Powers:

    • Part I: Exclusive Legislative List (68 items exclusively reserved for National Assembly):
    • Includes Accounts, Arms/ammunition, Aviation, National honours, Bankruptcy, Banking, External borrowing, Census, Citizenship, Monopolies, Federal trunk roads, Copyright, State creation, Currency/legal tender, Customs/excise, Defence, Deportation, Diplomatic representation, Drugs/poisons, Federal elections, Evidence, Foreign exchange, External affairs, Extradition, Fingerprints, Fishing (offshore), Immigration/passports, Treaties, Corporate incorporation, Insurance, Labour/minimum wage, Maritime shipping, Military, Mines/minerals/oil/gas, National parks, Nuclear energy, Patents/trademarks, Pensions, Police/security services, Posts/telecommunications, Public debt, Stamp duties, Income taxation, Fundamental objectives enforcement, Marriages (excluding Islamic/customary), Trade and commerce, Waterways affecting multiple states, Weights/measures, Wireless/broadcasting.
    • Note: Items 48 (Prisons) and 55 (Railways) deleted by 5th Alteration Nos. 15 & 16 Acts 2023 and transferred to Concurrent List.
    • Part II: Concurrent Legislative List (Shared powers between Federal and State legislatures):
    • Revenue allocation, Antiquities/monuments, Archives, Collection of taxes, Correctional Services (5th Alteration No. 15), Electoral law for local elections, Electric Power (5th Alteration No. 17 - State Assembly can legislate on generation, transmission, and distribution within the State), Cinematograph film censorship, Industrial/commercial/agricultural development, Railways (5th Alteration No. 16 - State Assembly can legislate on State railway carriers/tracks), Statistics, Surveys, University/higher education.
    • Part III: Supplemental and Interpretation provisions.

  • Third Schedule: Executive Bodies:

    • Part I: Federal Executive Bodies:
    • Code of Conduct Bureau, Council of State, Federal Character Commission, Federal Civil Service Commission, Federal Judicial Service Commission, Independent National Electoral Commission (INEC), National Defence Council, National Economic Council, National Judicial Council (NJC), National Population Commission, National Security Council, Nigeria Police Council, Police Service Commission, Revenue Mobilisation Allocation and Fiscal Commission (RMAFC).
    • Part II: State Bodies:
    • State Civil Service Commission, State House of Assembly Service Commission (inserted by 5th Alteration No. 6), State Independent Electoral Commission, State Judicial Service Commission.
    • Part III: FCT Executive Body:
    • Judicial Service Committee of the Federal Capital Territory, Abuja.

  • Fourth Schedule: Functions of a Local Government Council:

    • Main Functions:
    • Economic recommendations to State planning commission; collection of rates, radio and television licenses; establishment/maintenance of cemeteries, burial grounds, destitute homes; licensing bicycles, canoes, wheelbarrows, carts; slaughterhouses, markets, motor parks, public conveniences; construction/maintenance of local roads, street lighting, drains, parks; street naming and house numbering; sewage and refuse disposal; birth, death, and marriage registration; tenement rates assessment; control of outdoor advertising, pets, shops, kiosks, restaurants, laundries, and liquor sales.
    • Participatory Functions with State:
    • Primary, adult, and vocational education maintenance; agricultural and natural resource development (excluding minerals); health services provision.

  • Fifth Schedule: Code of Conduct for Public Officers:

    • Part I: General Code of Conduct:
    • Rule 1: Conflict of interest with duty prohibited.
    • Rule 2: Prohibition of dual emoluments; full-time officers banned from running private business (farming permitted).
    • Rule 3: Maintenance/operation of foreign bank accounts prohibited for President, Vice-President, Governors, Deputies, Ministers, Commissioners, Legislators, and specified officers.
    • Rule 5: Prohibition of foreign company/enterprise employment for retired Presidents, Vice-Presidents, CJN, Governors, and Deputy Governors.
    • Rule 6–8: Prohibition of bribes, gifts, or benefits in kind as inducements.
    • Rule 11: Mandatory Asset Declaration: Submission to Code of Conduct Bureau within 3 months of code, immediately upon taking office, every 4 years, and at end of term. Unexplained assets deemed acquired in breach.
    • Rule 15–18: Code of Conduct Tribunal: Consists of Chairman (qualified High Court Judge) and 2 members appointed by President on NJC recommendation. Mandatory retirement at 70 years. Penalties: Vacation of office, disqualification from public office up to 10 years, seizure/forfeiture of illicit property. Appeals lie as of right to Court of Appeal.
    • Part II: Specified Public Officers subject to the Code (President, VP, Presiding Officers/Members of Assemblies, Governors, Deputies, Judicial Officers, Attorneys-General, Ministers, Commissioners, Service Chiefs, Police Officers, Civil Servants, Ambassadors, Foreign Service Officers, Local Government Officials, Parastatal/University Staff).

  • Sixth Schedule: Election Tribunals:

    • National and State Houses of Assembly Election Tribunals and Governorship Election Tribunals.
    • Composition: Chairman (High Court Judge) and two (2) other members (Judges, Kadis, or Chief Magistrates) appointed by President of Court of Appeal.

  • Seventh Schedule: Oaths:

    • Text of Oaths: Oath of Allegiance, Oath of Office of President, Oath of Office of Governor, Oath of Office of Vice-President/Deputy Governor/Minister/Commissioner/Special Adviser, Oath of Member of National Assembly or State House of Assembly, Judicial Oath.