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Nigerian Constitution 1999 eBook (With All Amendments and Notes)
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CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (PROMULGATION) DECREE 1999
1999 Decree No. 24
[5th May, 1999] Commencement
WHEREAS the Federal Military Government of the Federal Republic of Nigeria in compliance with the Transition to Civil Rule (Political Programme) Decree 1998 has, through the Independent National Electoral Commission, conducted elections to the office of President and Vice-President, Governors and Deputy-Governors, Chairmen and Vice-Chairmen, the National Assembly, the Houses of Assembly and the Local Government Councils;
AND WHEREAS the Federal Military Government in furtherance of its commitment to hand over to a democratically elected civilian administration on 29th May 1999 inaugurated on 11th November 1998, the Constitutional Debate Co-ordinating Committee charged with responsibility to, among other things, pilot the debate on the new Constitution for Nigeria, co-ordinate and collate views and recommendations canvassed by individuals and groups for a new Constitution for Nigeria;
AND WHEREAS the Constitutional Debate Co-ordinating Committee benefited from the receipt of large volumes of memoranda from Nigerians at home and abroad and oral presentations at the public hearings at the debate centres throughout the country and the conclusions arrived thereat and also at various seminars, workshops and conferences organised and was convinced that the general consensus of opinion of Nigerians is the desire to retain the provisions of the Federal Republic of Nigeria with some amendments;
AND WHEREAS the Constitutional Debate Co-ordinating Committee has presented the report of its deliberations of the Provisional Ruling Council;
AND WHEREAS the Provisional Ruling Council has approved the report subject to such amendments as are deemed necessary in the public interest and for the purpose of promoting the security, welfare and good governance and fostering the unity and progress of the people of Nigeria with a view to achieving its objective of handing over an enduring Constitution to the people of Nigeria;
AND WHEREAS, it is necessary in accordance with the programme on transition to civil rule for the Constitution of the federal Republic of Nigeria 1979 after necessary amendments and approval by the Provisional Ruling Council to be promulgated into a new Constitution for the Federal Republic of Nigeria in order to give the same force of law with effect from 29th May 1999:
NOW THEREFORE, THE FEDERAL MILITARY GOVERNMENT hereby decrees as follows:-
Promulgation of the Constitution of the Federal Republic of Nigeria 1999. Schedule.
1. (1) There shall be for Nigeria a Constitution which shall be as set out in the Schedule to this Decree.
(2) The Constitution set out in the Schedule to this Decree shall come into force on 29th May 1999.
(3) Whenever it may hereafter be necessary for the Constitution to be printed it shall be lawful for the Federal Government Printer to omit all parts of this Decree apart from the Schedule and the Constitution as so printed shall have the force of law notwithstanding the omission.
Citation
2. This Decree may be cited as the Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1999.
SCHEDULE section 1(1)
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999
ARRANGEMENT OF SECTIONS
Section
CHAPTER I
GENERAL PROVISIONS
Part I – Federal Republic of Nigeria
1. Supremacy of the 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 DIRECTIVE 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 person.
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 anywhere in Nigeria.
44. Compulsory acquisition of property.
45. Restriction on and derogation from fundamental 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 the 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 sittings 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 – Qualifications 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 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 effect.
75. Ascertainment of population.
76. Time of election to the National Assembly.
7.7. 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 of 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 of a State
A – Composition and Staff of 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 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.
C – Qualification for Membership of House of Assembly and Right of Attendance
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 of election.
119. Power of National Assembly as to determination of certain questions.
E – Power 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; oath 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 revenue.
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.
D – 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 prosecutions.
175. Prerogative of mercy.
Part II – State Executive
A – The Governor of a State
176. Establishment of the 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-elect 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 Deputy Governor.
187. Nomination and election of 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 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 forces 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. Restriction on formation of political parties.
223. Constitution and rules of political parties.
224. Aims and objects.
225. Finances of political parties.
226. Annual report 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 Justice 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 right from the Federal High Court or a High Court.
242. Appeals with leave.
243. Exercise of right of appeal from the Federal High Court or 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.
D – The High Court of the Federal Capital Territory, Abuja
255. Establishment of the High Court of the Federal Capital Territory, Abuja.
256. Appointment of Chief Judge and Judges of 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, 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, Abuja.
265. Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja.
266. Appointment of President and Judges of the Customary 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: general.
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.
C – Customary Court of Appeal of a State
280. Establishment of 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 learned 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 certain citizens.
308. Restriction 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 Federal Capital Territory, Abuja
Second Schedule:
Part I – Exclusive Legislative List
Part II – Concurrent Legislative List
Part III – Supplemental and Interpretation
Third Schedule:
Part I – Federal Executive Bodies
Part II – State Executive Bodies
Part III – Federal Capital Territory, Abuja Executive Body
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
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999
WE THE PEOPLE of the Federal Republic of Nigeria:
HAVING firmly and solemnly resolved:
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:
AND TO PROVIDE for a Constitution for the purpose of promoting the good government and welfare of all persons in our country on the principles of Freedom, Equality and Justice, and for the purpose of consolidating the Unity of our people:
DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following Constitution:
CHAPTER I
GENERAL PROVISIONS
PART I
Federal Republic of Nigeria
Supremacy of the Constitution
1. (1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.
The Federal Republic of Nigeria
2. (1) Nigeria is one indivisible and indissoluble Sovereign State to be known by the name of the Federal Republic of Nigeria.
(2) Nigeria shall be a Federation consisting of States and a Federal Capital Territory.
States of the Federation and the Federal Capital Territory, Abuja
3. (1) There shall be thirty-six States in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kabbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara.
Part I First Schedule
(2) Each State of Nigeria named in the first column of Part I of the First Schedule to this Constitution shall consist of the area shown opposite thereto in the second column of that Schedule.
Part I First Schedule
(3) The headquarters of the Government of each State shall be known as the Capital City of that State as shown in the third column of the said Part I of the First Schedule opposite the State named in the first column thereof.
Part II First Schedule
(4) The Federal Capital Territory, Abuja shall be as defined in Part II of the First Schedule to this Constitution.
(5) The provisions of this Constitution in Part I of Chapter VIII hereof shall, in relation to the Federal Capital Territory, Abuja, have effect in the manner set out thereunder.
Part I and II First Schedule
(6) There shall be seven hundred and sixty-eight local government areas in Nigeria as shown in the second column of Part I of the First Schedule to this Constitution and six area councils as shown in Part II of that Schedule.
.....................................
NOTE: This Constitution has 320 Sections, all which shall be published in our forthcoming eBook.
Laws of Rivers State of Nigeria: An Encyclopaedic Guide (2011)
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Product description as it appears on Amazon websites (US, United Kingdom, Germany, Canada, France, etc):
Product Description
Rivers State was created out of the former Eastern Nigeria on 27 May 1967 by virtue of the States (Creation and Transitional Provisions) Decree No. 14 of 1967, and inherited Eastern Nigeria legislation in accordance with section 1(5) of the said Decree. Consequently, legislation applicable to Rivers State as at 27 May 1967 consisted of the Laws contained in The Revised Edition of The Laws of Eastern Nigeria 1963 and those enacted between 1963 and 1967. Thereafter, Edicts were promulgated by the successive Military Governors of Rivers State between 1968 and 28 May 1999, interspersed with brief periods of democratic Government that enacted Laws.
The first and only revision of the Laws of Rivers State of Nigeria was published as The Laws of Rivers State of Nigeria 1999 containing legislation still in force at that time. It should be noted that by virtue of section 3 of the Revised Edition (Laws of Rivers State of Nigeria) Law 1991, there may be Laws which, although omitted in The Laws of Rivers State of Nigeria 1999, still have the force of law, just like those included in it. Unfortunately, there is an operational disconnect between the enactment of legislation and their publication in the official form either in the Official Gazette or in bound annual volumes as required by law. Consequently, it becomes a Herculean task to search for every piece of legislation which may be hidden in volumes of files containing signed copies or among thousands of copies of the Official Gazette littered in several locations! Herein lies one aspect of the indispensability of this book, the first edition of which was published in 1994. Without this book, even lawyers may not be aware of some of the existing Laws.
This eBook shall be updated from time to time (throughout a particular year) to reflect changing developments in the Laws of Rivers State of Nigeria. Therefore, readers should remember to check for updates and re-download the latest version from their account free of charge. New editions shall be published yearly in this eBook format. The Laws of the Federation of Nigeria eBook, Nigerian Constitution eBook, Nigerian Law of Evidence eBook (containing full text of the Nigerian Evidence Act 2011), and Nigerian Company Law eBook (containing full text of the Nigerian Companies and Allied Matters Act 1990 with all amendments) shall be available soon in general eBook format and Amazon Kindle eBook format. More resources on Nigerian law are available on the companion Nigerian Law Resources website (www.nigerianlawresources.com).
Table of Contents:
1. Updates and Editions Information
2. Comments on this Book
3. Abbreviations and Guide Notes
4. Acknowledgments
5. About the Author
6. Introduction
7. Part 1: Chronological Table of Laws of Rivers State of Nigeria (Laws of Eastern Nigeria 1963 – 2011 Rivers State Laws)
8. Part 2: Alphabetical Table of Laws of Rivers State of Nigeria (Laws of Eastern Nigeria 1963 – 2011 Rivers State Laws)
9. Part 3: Laws of Rivers State of Nigeria (Laws of Eastern Nigeria 1963 – 1998 Rivers State Laws) with Notes
10. Part 4: Laws of Rivers State of Nigeria 1999 (Revised Statute Book) and Laws made thereafter (1999 - 2011) with Notes
11. Chapters of the Laws of Rivers State of Nigeria 1999
12. Appendices
The Author
The author, Leesi Ebenezer Mitee, holds a Master of Laws (LLM) degree of the University of Huddersfield (United Kingdom). He is a Barrister & Solicitor of the Supreme Court of Nigeria, lecturer, and former Law Research Consultant to the United Nations Development Programme (UNDP) on the Capacity Development for Social Reconciliation Project that provided the juridical foundation of the West Africa Moratorium on Small Arms (light weapons) in 1998. He became a Law Research Consultant to the Rivers State of Nigeria Government in 1994 based on his expertise in the Laws of Rivers State, as evidenced by the first edition of this book.
Product details
Format: Kindle Edition
File Size: 489 KB
Publisher: Worldwwide Business Resources, United Kingdom; 2 edition (24 Sep 2011)
Sold by: Amazon Media EU S.à r.l.
Language English
ASIN: B005O052TA
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Introduction to Nigerian Legislation
By
LLM (Huddersfield); BL (NLS); LLB (RSUST); HND Town Planning (RSUST)
Chief Lecturer, Rivers State College of Arts & Science, Port Harcourt, Nigeria
Copyright © 2008 Leesi Ebenezer Mitee
Published on 28 March 2008
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The Problem of Lack of Public Access to Legislation in Nigeria
By
LLM (Huddersfield); BL (NLS); LLB (RSUST); HND Town Planning (RSUST)
Chief Lecturer, Rivers State College of Arts & Science, Port Harcourt, Nigeria
Copyright © 2008 Leesi Ebenezer Mitee
Published on 28 March 2009
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Forthcoming Nigerian Law eBooks (Full-text Nigerian Federal Legislation Annotated)
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Nigerian Constitution - Constitution of the Federal Republic of Nigeria
LEGISLATIVE POWERS OF LOCAL GOVERNMENTS UNDER THE 1999 NIGERIAN CONSTITUTION: THE NEED FOR AMENDMENT
By
Section 4 of the Constitution of the Federal Republic of Nigeria 1999 defines the legislative powers of the Federal Republic of Nigeria and those of each State of the Federation
as follows:
4. (1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall consist of a Senate and a House of Representatives.
(2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.
(3) The power of the National Assembly to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Houses of Assembly of States.
(4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the National Assembly shall have power to make laws with respect to the following matters, that is to say –
(a) any matter in the Concurrent legislative List set out In the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and
(b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.
(5) If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall to the extent of the inconsistency be void.
(6) The legislative powers of a State of the Federation shall be vested in the House of Assembly of the State.
(7) The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters, that is to say –
(a) any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution;
(b) any matter included in the Concurrent Legislative List set ant in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and
(c) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.
(8) Save as otherwise provided by this Constitution, the exercise of legislative powers by the National Assembly or by a House of Assembly shall be subject to the jurisdiction of courts of law, and of judicial tribunals established by law, and accordingly, the National Assembly or a House of Assembly shall not enact any law, that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law.
(9) Notwithstanding the foregoing provisions of this section, the National Assembly or a House of Assembly shall not, in relation to any criminal offence whatsoever, have power to make any law, which shall have retrospective effect.
Unfortunately, there is no constitutional provision on the legislative powers of Local Governments under the Constitution of the Federal Republic of Nigeria 1999, just like its predecessor – Constitution of the Federal Republic of Nigeria 1979. Local Government Legislative Councils operate under Local Government Laws enacted by each State of the Federation. The Constitution only provides for the establishment of the local government system in section 7, which also specifies the functions of Local Governments as outlined in the Fourth Schedule to the Constitution.
Section 7 of the Constitution of the Federal Republic of Nigeria provides for the establishment of the Local Government system as follows:
7. (1) The system of local government by democratically elected local government councils is under this Consideration guaranteed; and accordingly, the Government of every State shall subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.
(2) The person authorised by law to prescribe the area over which a local government council may exercise authority shall –
(a) define such area as clearly as practicable; and
(b) ensure, to the extent to which it may be reasonably justifiable, that in defining such area regard is paid to –
(i) the common interest of the community in the area,
(ii) traditional association of the community, and
(iii) administrative convenience.
(3) It shall be the duty of a local government council within the State to participate in economic planning and development of the area referred to in subsection (2) of this section and to this end an Economic Planning Board shall be established by a law enacted by the House of Assembly of the State.
(4) The Government of a State shall ensure that every person who is entitled to vote or be voted for at an election to a House of Assembly shall have the right to vote or be voted for at an election to a local government council.
(5) The functions to be conferred by Law upon local government councils shall include those set out in the Fourth Schedule to this Constitution.
(6) Subject to the provisions of this Constitution –
(a) the National Assembly shall make provisions for statutory allocation of public revenue to local government councils in the Federation; and
(b) the House of Assembly of a State shall make provisions for statutory allocation of public revenue to local government councils within the State.
Functions of a Local Government
The Fourth Schedule to the Constitution of the Federal Republic of Nigeria provides for the main functions of a Local Government as follows:
1. The main functions of a local government council are as follows –
(a) the consideration and the making of recommendations to a State commission on economic planning or any similar body on –
(i) the economic development of the State, particularly in so far as the areas of authority of the council and of the State are affected, and
(ii) proposals made by the said commission or body;
(b) collection of rates, radio and television licences;
(c) establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm;
(d) licensing of bicycles, trucks (other than mechanically propelled trucks), canoes, wheel barrows and carts;
(e) establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor parks and public conveniences;
(f) construction and maintenance of roads, streets, street lightings, drains and other public highways, parks, gardens, open spaces, or such public facilities as may be prescribed from time to time by the House of Assembly of a State;
(g) naming of roads and streets and numbering of houses;
(h) provision and maintenance of public conveniences, sewage and refuse disposal;
(i) registration of all births, deaths and marriages;
(j) assessment of privately owned houses or tenements for the purpose of levying such rates as may be prescribed by the House of Assembly of a State; and
(k) control and regulation of –
(i) out-door advertising and hoarding,
(ii) movement and keeping of pets of all description,
(iii) shops and kiosks,
(iv) restaurants, bakeries and other places for sale of food to the public,
(v) laundries, and
(vi) licensing, regulation and control of the sale of liquor.
2. The functions of a local government council shall include participation of such council in the Government of a State as respects the following matters –
(a) the provision and maintenance of primary, adult and vocational education;
(b) the development of agriculture and natural resources, other than the exploitation of minerals;
(c) the provision and maintenance of health services ; and
(d) such other functions as may be conferred on a local government council by the House of Assembly of the State.
As noted above, we consider most unfortunate, the fact that there is no constitutional provision on the legislative powers of Local Governments under the Constitution of the Federal Republic of Nigeria 1999, just like its predecessor – Constitution of the Federal Republic of Nigeria 1979. Consequently, Local Government Legislative Councils operate under Local Government Laws enacted by each State of the Federation. The Constitution only provides for the establishment of the local government system in section 7, which also specifies the functions of Local Governments as outlined in the Fourth Schedule to the Constitution.
Professor Nwabueze (one of the chief makers of the Constitution of the Federal Republic of Nigeria 1979) in his book, The Presidential Constitution of Nigeria (1982, pp. 58 – 59), defends the limited extent of constitutional provisions in the Constitution of the Federal Republic of Nigeria 1979 on Local Governments in Nigeria in the following words:
“Except for certain aspects of it shortly to be mentioned, local government is not specified in the body of the Constitution or in the legislative lists as being within federal competence. It is there- fore a residual matter, and as such lies within the exclusive competence of the state governments. The authority of a state government over local government derives thus from the fact that it is a residual matter, and not, as is commonly supposed, from the provision of the Constitution requiring every state government to ensure the existence of democratically elected local government councils under a Law which provides for their establishment, structure, composition, finance and functions (s. 7[1]). That provision is not a grant of power. It assumes that a state government has power over local government under some other provision of the Constitution. Its purpose is, by imposing a mandatory directive on how this power is to be exercised, to restrict it. With the restriction implied in this mandatory directive, a state government cannot, as hitherto, conduct local government as it pleases; it is bound to conduct it through local government councils democratically elected under a Law that provides for their establishment, structure etc. The concern is to ensure that a state government will not abuse its power, by, for example, using its own appointed agents to conduct the business of local government. The effect of the provision is thus to take away from a state government the discretion normally implied in a power. Instead, it obliges a state government not only to enact the necessary legislation to provide for the establishment, structure, composition, functions and finances of local government councils, but, more importantly, to ensure the existence of democratically elected local government councils under such law. Whether the duty thus cast upon a state government can be compelled raises an interesting question into which it is not necessary to go here.
But the really significant point for our present purposes is not the basis of a state government’s authority over local government, but rather the fact that its authority is not exclusive in respect of every aspect of the matter. In this, our Constitution marks an innovation from the normal pattern of the distribution of powers under federalism. For local government, being an example par excellence of a matter of local concern, is universally recognised to be the exclusive responsibility of the state governments in accordance with the underlying principle of federalism which requires that, within the frame-work of a central government, matters of local concern should be managed by regionalised governmental units free from interference by the central government. Federal government involvement in local government is thus a contradiction of the very idea of federalism. The innovation of our Constitution has come as a concession to the extreme demand that local government should be established in the Constitution as a third tier of government, with powers and resources derived directly from the Constitution in exactly the same way as the federal and state governments.
The compromise adopted by the Constitution is to make it obligatory on a state government to ensure the existence of democratically elected local government councils, to prescribe criteria for delimiting the areas of authority of such councils, and the minimum functions to be assigned to them under state laws and to guarantee to them direct allocation of funds from federal revenue. As regards allocation of federal revenue, the national assembly is required, as a matter of duty, to make provisions for statutory allocation of public revenue to local government councils (s. 7[6][a]). A state house of assembly is under a similar duty (s. 7[6]b]).”
With the greatest respect, we submit that the foregoing defence of the absence of comprehensive constitutional provisions on the actual structure of Local Governments in relation to their legislative, executive, and judicial powers has only led to a dangerous situation which has incapacitated Local Governments in Nigeria. This is largely because their structure lacks uniformity, and constitutes a miserable spectacle of official conjecture and manipulation, being left at the usually unkind mercy of overzealous legislative and executive arms of State Governments.
We insist that the confusion surrounding the structure and operation of Local Governments in Nigeria can only be eliminated when it is defined fully in the Constitution, just like Federal and State Governments. We should be more concerned with the workability or practical reality of proposals and policies, than with so-called universally recognised trends in this type of situation. What is wrong with evolving a unique, autochthonous (native) system that adequately meets the peculiar needs of the Nigerian situation?
The said “compromise adopted by the 1979 Constitution,” which the Constitution of the Federal Republic of Nigeria 1999 has swallowed hook, line, and sinker, is a major flaw in these Constitutions, since it has perpetrated confusion. A most welcome attempt at addressing this issue was made in the ill-fated, stillborn Constitution of the Federal Republic of Nigeria 1989, [1] which the military administration of General Ibrahim Babangida, most unfortunately, denied the light of day. Sections 283 – 310 (Chapter VIII) of the said Constitution of the Federal Republic of Nigeria 1989 regulated aspects of Local Government structure and administration, which included the following:
(a) Establishment of Local Government Councils;
(b) Division into Wards;
(c) Election and Removal of Chairmen and Vice-Chairmen;
(d) Election of Councillors;
(e) Supervisory Councillors;
(f) Sittings of Local Government Councils; and
(g) Public Service of a Local Government Council.
However, the provisions of the Constitution of the Federal Republic of Nigeria 1989 fell short of being comprehensive vis-à-vis those on Federal and State Governments, as earlier indicated.
Happily, there are concerted moves to amend the present Constitution of the Federal Republic of Nigeria 1999, and it is hereby strongly proposed that the issue of comprehensive provisions on Local Governments equivalent to those on the Federal and State Governments should be adequately addressed. Local Government structure and administration in Nigeria should not be left at the whims and caprices of State Governments.
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[1] It is the Schedule to the Constitution of the Federal Republic of Nigeria (Promulgation) Act 1989, Cap. 63 of The Laws of the Federation of Nigeria 1990. The Constitution was to have come into force on 1 October 1989 by virtue of section 331 thereof, but General Babangida refused to hand over power to a democratically elected Government.