CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (FIFTH ALTERATION) (NO. 15) ACT, 2023

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999, (FIFTH ALTERATION) (NO. 15) ACT, 2023 [ACT NO. 22]

LAWS OF THE FEDERATION OF NIGERIA

AN ACT TO ALTER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 TO DELETE THE ITEM “PRISONS” IN THE EXCLUSIVE LEGISLATIVE LIST AND REDESIGNATE IT AS “CORRECTIONAL SERVICES” IN THE CONCURRENT LEGISLATIVE LIST; AND FOR RELATED MATTERS.

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[COMMENCEMENT]                                                  [3RD DAY OF MARCH, 2023]

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ENACTED BY THE National Assembly of the Federal Republic of Nigeria—

1.       Alteration of the Constitution

The Constitution of the Federal Republic of Nigeria, 1999 (in this Act referred to as “the Principal Act”) is altered as set out in this Act.

2.       Alteration of the Second Schedule

The Second Schedule to the Principal Act is altered in —

          (a)     Part I, by deleting item 48 “Prisons”; and

(b)     Part II, by inserting after paragraph 10, a new paragraph “10A”—

                   “10A Correctional Services:

(1)     The National Assembly may make laws for the Federation or any part thereof with respect to —

(a)     correctional service and the establishment in any part of the Federation of correctional centres and custodial facilities; and

(b)     the establishment of any authority for the management of federal correctional centres and custodial facilities in any part of the Federation.

(2)     A House of Assembly may make laws for the State with respect to —

(a)     correctional service and the establishment in that State of correctional centres and custodial facilities; and

(b)     the establishment in that State of any authority for the management of State correctional centres and custodial facilities in any part of that State”.

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