CONSTITUTION OF NIGERIA AS AMENDED (WITH 1ST, 2ND, 3RD, 4TH AND 5TH ALTERATION ACTS))

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

(CONSOLIDATED WITH THE 1ST, 2ND, 3RD, 4TH AND 5TH ALTERATION INSTRUMENTS)

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TABLE OF CONTENTS 

CHAPTER I — General Provisions

Part I: Federal Republic of Nigeria

1. Supremacy of Constitution
2. The Federal Republic of Nigeria
3. States of the Federation and the Federal Capital Territory, Abuja.

Part II: Powers of the Federal Republic of Nigeria

4. Legislative Powers
5. Executive powers
6. Judicial powers
7. Local Government system.
8. New States and boundary adjustment, etc.
9. Mode of altering provisions of the Constitution
10. Prohibition of State Religion.
11. Public order and public security.
12. Implementation of treaties.

CHAPTER II — Fundamental Objectives and Directives Principles of State Policy

13. Fundamental obligations of the Government.
14. The Government and the people
15. Political objectives.
16. Economic objectives.
17. Social objectives.
18. Educational objectives.
19. Foreign policy objectives.
20. Environmental objectives.
21. Directive on Nigerian cultures
22. Obligation of the mass media
23. National ethics.
24. Duties of the citizen.

CHAPTER III — Citizenship

25. Citizenship by Birth
26. Citizenship by Registration.
27. Citizenship by Naturalisation.
28. Dual Citizenship.
29. Renunciation of Citizenship.
30. Deprivation of Citizenship.
31. Persons deemed to be Nigerian citizens.
32. Power to make regulations.

CHAPTER IV — Fundamental Rights

33. Right to Life.
34. Right to dignity of human persons.
35. Right to personal liberty.
36. Right to fair hearing.
37. Right to private and family life.
38. Right to freedom of thought, conscience and religion
39. Right to freedom of expression and the press.
40. Right to peaceful assembly and association.
41. Right to freedom of movement.
42. Right to freedom from discrimination.
43. Right to acquire and own immovable property.
44. Compulsory acquisition of property.
45. Restriction on and derogation from fundamental human rights.
46. Special jurisdiction of High Court and Legal aid.

CHAPTER V — The Legislature

Part I: National Assembly

A:       Composition and Staff of National Assembly

47. Establishment of National Assembly.
48. Composition of the Senate
49. Composition of the House of Representatives.
50. President of the senate and speaker of the House of Representatives.
51. Staff of the National Assembly.

B:       Procedure for Summoning and Dissolution of National Assembly

52. Declaration of assets and liabilities; oaths of members.
53. Presiding at sitting of the National Assembly and at joint sittings.
54. Quorum.
55. Languages
56. Voting
57. Unqualified person sitting or voting.
58. Mode of exercising Federal Legislative power: general
59. Mode of exercising Federal Legislative power: money bills.
60. Regulation of procedure
61. Vacancy or participation of strangers not to invalidate proceedings
62. Committees
63. Sittings
64. Dissolution and issue of proclamations by president.

C:      Qualification for Membership of National Assembly and Right of Attendance

65. Qualifications for election
66. Disqualifications
67. Right of attendance of President
68. Tenure of Seat of Members
69. Recall
70. Remuneration

D:       Elections to the National Assembly

71. Senatorial districts and Federal constituencies
72. Size of Senatorial districts and Federal constituencies.
73. Periodical review of Senatorial districts and Federal constituencies
74. Time when alteration of senatorial districts or Federal constituencies takes effects.
75. Ascertainment of population
76. Time of Election to the National Assembly
77. Direct Election and franchise
78. Supervision of election
79. Power of the National Assembly as to determination of certain questions.

E:       Powers and Control over Public Funds

80. Establishment of Consolidated Revenue Fund
81. Authorisation of expenditure from Consolidated Revenue Fund
82. Authorisation of expenditure in default appropriations
83. Contingencies Fund
84. Remuneration, etc. of the President and certain other officers
85. Audit of Public accounts
86. Appointment of Auditor-General
87. Tenure of office of Auditor-General
88. Power to conduct investigations
89. Power as to matters of evidence

Part II: House of Assembly

A:       Composition and Staff of a House of Assembly

90. Establishment of House of assembly for each State
91. Composition of the House of Assembly
92. Speaker of House of Assembly
93. Staff of house of Assembly

B:       Procedure for Summoning and Dissolution of a House of Assembly

94. Declaration of assets and liabilities; oaths of members
95. Presiding at sittings
96. Quorum
97. Languages
98. Voting
99. Unqualified person sitting or voting
100. Mode of exercising legislative power of a state
101. Regulation of procedure
102. Vacancy or participation of strangers not to invalidate proceedings.
103. Committees
104. Sittings
105. Dissolution and issue of proclamation by Governor
106. Qualifications for election
107. Disqualifications
108. Right of attendance of Governor
109. Tenure of Seat of Members
110. Recall
111. Remuneration

D:       Elections to a House of Assembly

112. State constituencies
113. Size of state constituencies
114. Periodical review of State constituencies
115. Time when alteration of state constituencies takes effect
116. Time of elections to Houses of Assembly
117. Direct election and franchise
118. Supervision and election
119. Power of National Assembly as to determination of certain questions

E:      Powers and Control over Public Funds

120. Establishment of Consolidated Revenue Fund
121. Authorisation of expenditure from Consolidated Revenue fund
122. Authorisation of expenditure in default of appropriations.
123. Contingencies Fund
124. Remuneration, etc. of the governor and certain other officers
125. Audit of Public accounts
126. Appointment of Auditor-General
127. Tenure of office of Auditor-General
128. Power to conduct investigations
129. Power as to matters of evidence.

CHAPTER VI — THE EXECUTIVE

Part I: Federal Executive

A:      The President of the Federation

130. Establishment of the office of President
131. Qualification for election as President
132. Election of the President: General
133. Election: single presidential candidate
134. Election: two or more presidential candidates
135. Tenure of office of President
136. Death, etc. of president-elect before oath of office.
137. Disqualifications.
138. President: disqualification from other jobs.
139. Determination of certain questions relating to election
140. Declaration of assets and liabilities; oaths of President.
141. Establishment of office of Vice-President
142. Nomination and election of Vice-President
143. Removal of President from office
144. Permanent incapacity of President or Vice-President.
145. Acting President during temporary absence of President
146. Discharge of functions of President
147. Ministers of federal Government
148. Executive Responsibilities of Ministers
149. Declaration of Assets and liabilities; oaths of Ministers.
150. Attorney-General of the Federation
151. Special Advisers.
152. Declaration of assets and Liabilities; oaths of special Adviser.

B:      Establishment of Certain Federal Executive Bodies

153. Federal Commissions and Councils, etc.
154. Appointment of Chairman and members
155. Tenure of Office of members
156. Qualification for membership.
157. Removal of members.
158. Independence of certain bodies
159. Quorum and decisions
160. Powers and Procedure.
161. Interpretation.

C:      Public Revenue

162. Distributable pool account
163. Allocation of other revenues
164. Federal grants-in-aid of State revenue.
165. Cost of collection of certain duties
166. Set-off.
167. Sums charged on consolidated Revenue Fund.
168. Provisions with regard to payments

C:      The Public Service of the Federation

169. Establishment of civil service of the Federation
170. Federal Civil service Commission: power to delegate functions
171. Presidential appointments
172. Code of Conduct
173. Protection of pension rights.
174. Public persecutions
175. Prerogative of mercy.

Part II: State Executive

A:      The Governor of A State

176. Establishment of office of Governor
177. Qualification for election as Governor
178. Election of Governor: general.
179. Election: single candidate and two or more candidates
180. Tenure of office of Governor
181. Death, etc. of Governor before oath of office.
182. Disqualifications
183. Governor: disqualification from other jobs.
184. Determination of certain questions relating to elections.
185. Declaration of assets and liabilities; oaths of office of Governor.
186. Establishment of the office of the Deputy Governor
187. Nomination and election of the Deputy Governor
188. Removal of Governor or Deputy Governor from office.
189. Permanent incapacity of Governor or Deputy Governor.
190. Acting governor during temporary absence of Governor.
191. Discharge of functions of Governor.
192. Commissioners of State Government.
193. Executive responsibilities of Deputy Governor and Commissioners.
194. Declaration of assets and liabilities; oaths of Commissioners
195. Attorney-General of a State
196. Special Advisers

B:      Establishment of Certain State Executive Bodies

197. State Commissions
198. Appointment of Chairman and members.
199. Tenure of office of the members.
200. Qualification for membership
201. Removal of members.
202. Independence of certain bodies.
203. Quorum and decisions.
204. Powers and procedure
205. Interpretation

C:      The Public Service of A State

206. Establishment of State Civil Service
207. State Civil Service Commission: Power of delegation
208. Appointments by Governor
209. Code of Conduct.
210. Protection of pension rights.
211. Public prosecutions
212. Prerogative of mercy

Part III: Supplemental

A:      National Population Census

213. National Population census

B:      Nigeria Police Force

214. Establishment of Nigeria Police Force.
215. Appointment of Inspector-General and control of Nigeria Police Force.
216. Delegation of powers to the Inspector-General of Police

C:      Armed Forces of the Federation

217. Establishment and composition of the armed force of the Federation
218. Command and operational use
219. Establishment of body to ensure federal character of armed forces
220. Compulsory military service.

D:      Political Parties

221. Prohibition of political activities by certain associations.
222. Restrictions on formation of political parties
223. Constitution and rules of political parties.
224. Aims and objectives
225. Finances of political parties.
226. Annual reports on finances
227. Prohibition of quasi-military organisations.
228. Powers of the national assembly with respect to political parties.
229. Interpretation.

CHAPTER VII — THE JUDICATURE

Part I: Federal Courts

A:      The Supreme Court of Nigeria

230. Establishment of the Supreme Court of Nigeria
231. Appointment of Chief justices of Nigeria and justices of the Supreme Court
232. Original jurisdiction.
233. Appellate jurisdiction.
234. Constitution
235. Finality of determinations
236. Practice and procedure

B: The Court of Appeal

237. Establishment of Court of Appeal
238. Appointment of President and Justices of the Court of Appeal.
239. Original jurisdiction
240. Appellate jurisdiction
241. Appeals as of rights from the Federal high Court or a High Court.
242. Appeals with leave
243. Exercise of the rights of appeal from the Federal High Court of a High Court in civil and criminal matters.
244. Appeals from Sharia court of Appeal
245. Appeals from customary court of appeal.
246. Appeals from Code of Conduct Tribunal and other courts and tribunals
247. Constitution
248. Practice and procedure.

C: The Federal High Court

249. Establishment of the Federal High Court.
250. Appointment of Chief Judge and Judges of the federal high Court.
251. Jurisdiction
252. Powers
253. Constitution.
254. Practice and procedure

CC:    The National Industrial Court of Nigeria

254A. Establishment of the National Industrial Court of Nigeria

254B. Appointment of President and Judges of the National Industrial Court of Nigeria

254C. Jurisdiction

254D. Powers

254E. Constitution.

254F. Practice and procedure

D:      The High Court of the Federal Capital Territory, FCT, Abuja

255. Establishment of the High Court of the Federal Capital Territory, Abuja.
256. Appointment of Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja.
257. Jurisdiction.
258. Constitution.
259. Practice and procedure

E:      The Sharia Court of Appeal of the Federal Capital Territory, FCT, Abuja

260. Establishment of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.
261. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.
262. Jurisdiction.
263. Constitution.
264. Practice and Procedure

F:      The Customary Court of Appeal of the Federal Capital Territory

265. Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja.
266. Appointment of President and Judges of Court of Appeal of the Federal Capital Territory, Abuja.
267. Jurisdiction.
268. Constitution.
269. Practice and Procedure

Part II: State Courts

A: High Court of a State

270. Establishment of a High Court for each State.
271. Appointment of Chief Judge and Judges of the High Court of a State.
272. Jurisdiction.
273. Constitution.
274. Practice and Procedure

B:      Sharia Court of Appeal of a State

275. Establishment of Sharia Court of Appeal.
276. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State.
277. Jurisdiction.
278. Constitution.
279. Practice and Procedure

B:      Customary Court of Appeal of a State

280. Establishment of a Customary Court of Appeal.
281. Appointment of President and Judges of the Customary Court of Appeal of a State.
282. Jurisdiction.
283. Constitution.
284. Practice and Procedure

Part III: Election Tribunals

285. Establishment and jurisdiction of election tribunals.

Part IV: Supplemental

286. Jurisdiction of state courts in respect of federal causes
287. Enforcement of decisions.
288. Appointment of persons leaned in Islamic personal law and Customary law
289. Disqualification of certain legal practitioners.
290. Declaration of assets and liabilities: oaths of judicial officers.
291. Tenure of office and pension rights of judicial officers.
292. Removal of other judicial officers from office.
293. Vacancies
294. Determination of causes and matters
295. Reference of questions of law.
296. Interpretation

CHAPTER VIII — Federal Capital Territory, Abuja and General Supplementary Provisions

Part I: Federal Capital Territory, Abuja

297. Federal Capital territory, Abuja: ownership of lands.
298. Capital of the federation
299. Application of Constitution.
300. Representation in the National Assembly
301. Adaptation of certain references.
302. Minister of Federal Capital territory, Abuja.
303. Administration of the Federal Capital territory, Abuja.
304. Establishment of the Judicial Service Committee of the Federal Capital territory, Abuja

Part II: Miscellaneous Provisions

305. Procedure for proclamation of state of emergency
306. Resignations.
307. Restriction on certain citizens
308. Restrictions on legal proceedings.

Part III: Transitional Provisions and Savings

309. Citizenship
310. Staff of legislative houses.
311. Standing Orders
312. Special provisions in respect of first election.
313. System of revenue allocation.
314. Debts.
315. Existing law.
316. Existing offices, courts and authorities.
317. Succession to property, rights, liabilities and obligations.

Part IV: Interpretation, Citation and Commencement

318. Interpretation.
319. Citation.
320. Commencement.

SCHEDULES

First Schedule

Part I — States of the Federation

Part II — Definition and Area Councils of the Federal capital Territory, Abuja

Second Schedule: Legislative Powers 

Part I — Exclusive Legislative List

Part II — Concurrent Legislative List

Part III — Supplemental and Interpretation

Third Schedule

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

National Defence Council

National Economic Council

National Judicial Council

National Security Council

Nigeria Police Council

Police Service Commission

Revenue Mobilisation Allocation and Fiscal Commission

Part II — State Executive Bodies

State Civil Service Commission

State Independent Electoral Commission

State Judicial Service Commission

Part III — Federal Capital Territory, Abuja Executive Body

Judicial Service Committee of the Federal capital Territory, FCT, Abuja

Fourth Schedule — Functions of a Local Government Council

Fifth Schedule

Part I — Code of Conduct for Public Officers

Part II — Public Officers for the Purposes of the Code of Conduct

Sixth Schedule — Election Tribunals

Seventh Schedule — Oaths

APPENDIX

1. Constitution of the Federal Republic of Nigeria (1st Alteration) Act, 2010

Ii.       Constitution of the Federal Republic of Nigeria (2nd Alteration) Act, 2010

Iii.      Constitution of the Federal Republic of Nigeria (3rd Alteration) Act, 2010

Iv.      Constitution of the Federal Republic of Nigeria (4th Alteration) Act(s), 2017

V.       Constitution of the Federal Republic of Nigeria (5th Alteration) Act(s), 2023