CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (FIRST ALTERATION) ACT

CENTER FOR CONSTITUTION OF NIGERIA

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CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 [FIRST ALTERATION ACTS]

The Constitution of Nigeria, 1999–

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (FIRST ALTERATION) ACT, 2010

LAWS OF THE FEDERATION OF NIGERIA

EXPLANATORY MEMORANDUM

This Act alters the Constitution of the Federal Republic of Nigeria, 1999 among other things, to provide for the Financial Independence of the National Assembly and Independent National Electoral Commission.

ARRANGEMENT OF SECTIONS

1. Alteration of the Constitution of the Federal Republic of Nigeria, 1999

2. Alteration of Section 66

3. Alteration of Section 69

4. Alteration of Section 75

5. Alteration of Section 76

6. Alteration of Section 81

7. Alteration of Section 84

8. Alteration of Section 107

9. Alteration of Section 110

10. Alteration of Section 116

11. Alteration of Section 132

12. Alteration of Section 135

13. Alteration of Section 137

14. Substitution for Section 145

15. Alteration of Section 156

16. Alteration of Section 160

17. Alteration of Section 178

18. Alteration of Section 180

19. Alteration of Section 182

20. Substitution for Section 190.

21. Alteration of Section 200

22. Substitution for Section 228 (a) and (b).

23. Alteration of Section 229

24. Alteration of Section 233

25. Alteration of Section 239

26. Alteration of Section 246.

27. Alteration of Section 251

28. Alteration of Section 272.

29. Alteration of Section 285

30. Citation.

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (FIRST ALTERATION) ACT, 2010

An Act to alter the provisions of the Constitution of the Federal Republic of Nigeria 1999 and for related matters

[COMMENCEMENT] — [6TH DAY OF JULY, 2010]

ENACTED by the National Assembly of the Federal Republic of Nigeria—

1. Alteration of the Constitution of the Federal Republic of Nigeria, 1999

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 Section 66

Section 66(1) (h) of the Principal Act is deleted.

3. Alteration of Section 69

Section 69 of the Principal Act is altered, in paragraph (a), by inserting immediately after the word “member” in line 4, the words, “and which signatures are duly verified by the Independent National Electoral Commission”.

4. Alteration of Section 75

Section 75 of the Principal Act is altered by deleting—

(a) the expression, “the 1991 Census of the Population of Nigeria or”, in line 3 ; and

(b) the words, “after the coming into force of the provisions of this part of this Chapter of this Constitution” immediately after the word “Assembly”, in lines 4 and 5.

5. Alteration of Section 76

Section 76 of the Principal Act is altered—

(а) in subsection (1), line 2, by inserting immediately after the word ‘Commission” the words, “in accordance with the Electoral Act” ;

(б) in subsection (2), by substituting for the words—

(i) “sixty days before and not later than the date on which the House stands dissolved”, in lines 2 and 3, the words, “one hundred and fifty days and not later than one hundred and twenty days before”,

(ii) “three months” in lines 3 and 4, the words, “ninety days”, and

(iii) “one month” in line 4, the words, “thirty days.

6. Alteration of Section 81

Section 81 of the Principal Act is altered by substituting for the existing, subsection (3) a new subsection “(3)”—

(3) The amount standing to the credit of the—

(a) Independent National Electoral Commission,

(b) National Assembly, and

in the Consolidated Revenue Fund of the Federation shall be paid directly to the said bodies respectively; in the case of the Judiciary, such amount shall be paid to the National Judicial Council for disbursement to the heads of the courts established for the Federation and the States under section 6 of this Constitution.”

7. Alteration of Section 84

Section 84 of the Principal Act is altered by inserting immediately after the existing subsection (7) a new subsection “(8)”—

“(8) The recurrent expenditure of the Independent National Electoral Commission, in addition to salaries and allowances of the Chairman and members, shall be a charge upon the Consolidated Revenue Fund of the Federation.”

8. Alteration of Section 107

Section 107(i)(a) of the Principal Act is deleted.

9. Alteration of Section 110

Section 110 of the Principal Act is altered, in paragraph (a), by inserting immediately after the word “member” in line 4, the words “and which signatures are duly verified by the Independent National Electoral Commission”.

10. Alteration of Section 116

Section 116 of the Principal Act is altered—

(a) in subsection (1), line 2, by inserting immediately after the word ‘Commission”, the words, “in accordance with the Electoral Act”; and

(b) in subsection (2), by substituting for the words—

(i) “sixty days before and not later than the date on which the House of Assembly stands dissolved”, in lines 2 and 3, the words, “one hundred and fifty days and not later than one hundred and twenty days before”,

(ii) “three months” in line 4, the words, “ninety days”, and

(iii) “one month” in line 4, the words, “thirty days”.

11. Alteration of Section 132

Section 132 of the Principal Act is altered—

(a) in subsection (1), line 2, by inserting immediately after the word, “Commission” the words, “in accordance with the Electoral Act”; and

(b) in subsection (2), lines 1 and 2, by substituting for the words, “sixty days and not later than thirty”, the words, “one hundred and fifty days and not later than one hundred and twenty”.

12. Alteration of Section 135

Section 135 of the Principal Act is altered by inserting immediately after the existing subsection (2) a new subsection (2 A):

“(2A) In the determination of the four year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in the office before the date the election was annulled, shall be taken into account.”

13. Alteration of Section 137

Section 137(1)(i) of the Principal Act is deleted.

14. Substitution for Section 145

Section 145 of the Principal Act is substituted for a new section “145”—

“145.—(1) Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall Transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President.

(2) In the event that the President is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the National Assembly shall, by a resolution made by a simple majority of the vote of each House of the National Assembly, mandate the Vice-President to perform the functions of the office of the President as Acting President until the President transmits a letter to the President of the Senate and Speaker of the House of Representatives that he is now available to resume his functions as President.”

15. Alteration of Section 156

Section 156 of the Principal Act is altered in subsection (1) (a), line 2, by inserting immediately after the word “Representatives”, the words, “provided that a member of any of these bodies shall not be required to belong to a political party, and in the case of the Independent National Electoral Commission, he shall not be a member of a political party.”

16. Alteration of Section 160

Section 160 of the Principal Act is altered, in subsection (1), line 4, by inserting immediately after the word “functions”, the words, “provided that in the case of the Independent National Electoral Commission, its powers to make its own rules or otherwise regulate its own procedure shall not be subject to the approval or control of the President.”

17. Alteration of Section 178

Section 178 of the Principal Act is altered—

(a) in subsection (1), line 2, by inserting immediately after the word, “Commission”, the words, “in accordance with the Electoral Act”; and

(b) in subsection (2), line 2, by substituting for the words “sixty days and not later than thirty”, the words, “one hundred and fifty days and not later than one hundred and twenty”.

Alteration of Section 180

18. Section 180 of the Principal Act is altered by inserting immediately after the existing subsection (2) a new section “(2A)”—

“(2A) In the determination of the four year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in office before the date the election was annulled shall be taken into account”.

19. Alteration of Section 182

Section 182 (1)(i) of the Principal Act is deleted.

20. Substitution for Section 190.

Section 190 of the Principal Act is substituted for a new section “190”—

“190. (1) Whenever the Governor is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the Speaker of the House of Assembly to that effect, and until he transmits to the Speaker of the House of Assembly a written declaration to the contrary, the Deputy Governor shall perform the functions of the Governor as Acting Governor.

(2) In the event that the Governor is unable or fails to transmit the written

declaration mentioned in subsection (1) of this section within 21 days, the House of Assembly shall, by a resolution made by a simple majority of the vote of the House, mandate the Deputy Governor to perform the functions of the office of the Governor as Acting Governor, until the Governor transmits a letter to the Speaker that he is now available to resume his functions as Governor.”

21. Alteration of Section 200

Section 200(1) (a), line 2, of the Principal Act is altered, by inserting immediately after the word “Assembly”, the words, “provided that a member of any of the said bodies shall not be required to belong to a political party and, in the case of the State Independent Electoral Commission, he shall not be a member of a political party”.

22. Substitution for Section 228 (a) and (b).

Section 228 (a) and (b)of the Principal Act is substituted for a new section “228 (a) and (b)—

(a) guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries; party congresses and party conventions ; and

(b) the conferment on the Independent National Electoral Commission of powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively ensure that political parties observe the practices of internal democracy, including the fair and transparent conduct of party primaries, party congresses and party conventions”.

23. Alteration of Section 229

Section 229 of the Principal Act is altered by deleting the interpretation of the word “association”.

24. Alteration of Section 233

Section 233(2) of the Principal Act is altered in paragraph(e) by—

(a) substituting for the word “or” after the word “President” in subparagraphs (i), (ii) and (iii), a comma – “,”; and

(b) inserting immediately after the word “Vice-President” in subparagraphs (i), (ii) and (iii), the words, “Governor or Deputy Governor”.

25. Alteration of Section 239

Section 239 of the Principal Act is altered by—

(a) substituting for the word “or” after the word “President” in paragraphs (a), (b) and (c), a comma – “,”; and

(b) inserting immediately after the word “Vice-President” in paragraphs (a), (b) and (c), the words “Governor or Deputy Governor”.

26. Alteration of Section 246.

Section 246 of the Principal Act is altered—

(a) in subsection (1) (b), by—

(i) substituting for the words, “National Assembly Election Tribunals and Governorship and Legislative Houses Election Tribunals”, the words “National and State Houses of Assembly Election Tribunals”,

(ii) deleting subparagraph (ii), and

(iii) renumbering the paragraph appropriately ; and

(b) in subsection (3), line 2, by inserting immedately after the word “final”, the words, “provided that an interlocutory application may be decided during the delivery of judgment”.

27. Alteration of Section 251

Section 251 of the Principal Act is altered by inserting immediately after the existing subsection (3) a new subsection “(4)”—

“(4) The Federal High Court shall have and exercise jurisdiction to determine any question as to whether the term of office or a seat of a member of the Senate or the House of Representatives has ceased or his seat has become vacant.”

28. Alteration of Section 272.

Section 272 of the Principal Act is altered by inserting immediately after the existing subsection (2) a new subsection “(3)”—

“(3) Subject to the provisions of section 251 and other provisions of this Constitution, the Federal High Court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a State, a Governor or Deputy Governor has ceased or become vacant”.

29. Alteration of Section 285

Section 285 of the Principal Act is altered—

(a) by substituting for the existing subsection (1) a new subsection “(1)”—

“(1) There shall be established for each State of the Federation and the Federal Capital Territory one or more election tribunals to be known as the National and State Houses of Assembly Election Tribunals which shall, to the exclusion of any Court or Tribunal, have original jurisdiction to hear and determine petitions as to whether—

(a) any person has been validly elected as a member of the National Assembly; and

(b) any person has been validly elected as member of the House of Assembly of a State”;

(b) by deleting subsection (2);

(c) in subsection (3), lines 1 and 2 by substituting for the words “National Assembly, Governorship and Legislative Houses Election Tribunals” , the words, “National and State Houses of Assembly Election Tribunals” ;

(d) in subsection (4), line 2 by substituting for the word, “two”, the word, “one”;

(e) by inserting new subsections “(5)”-“(8)”—

“(5) An election petition shall be filed within 21 days after the date of the declaration of result of the elections.

(6) An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition.

(7) An appeal from a decision of an election tribunal or court shall be heard and disposed of within 60 days from the date of the delivery of judgment of the tribunal.

(8) The Court in all appeals from election tribunal may adopt the practice oi first giving its decision and reserving the reasons therefore to a later date.”

30. Citation.

This Act may be cited as the Constitution of the Federal Republic of Nigeria (First Alteration) Act, 2010.

SECOND SCHEDULE

Part I, Item 56 of the Second Schedule to the Constitution is altered by inserting before the word “Regulation” the words, “Formation and”.

THIRD SCHEDULE

Item (F) of the Third Schedule to the Constitution is altered—

(a) by substituting for paragraph 14, a new paragraph “14”—

“14 (1) The Independent National Electoral Commission shall comprise the following members—

(a) a Chairman, who shall be the Chief Electoral Commissioner; and

(b) twelve other members to be known as National Electoral Commissioners.

(2) A member of the Commission shall—

(a) be non-partisan and a person of unquestionable integrity; and