47. There shall be a National Assembly for the Federation which
shall consist of a Senate and a House of Representatives.
48. The Senate shall consist of three Senators from each State and
one from the Federal Capital Territory, Abuja.
49. Subject to the provisions of this Constitution, the House of
Representatives shall consist of three hundred and sixty members
representing constituencies of nearly equal population as far as
possible, provided that no constituency shall fall within more
than one State.
50. (1) There shall be:-
(a) a President and a
Deputy President of the Senate, who shall be elected by the
members of that House from among themselves; and
(b) a Speaker and a
Deputy Speaker of the House of Representatives, who shall be
elected by the members of that House from among themselves.
(2) The President or
Deputy President of the Senate or the Speaker or Deputy Speaker
of the House of Representatives shall vacate his office -
(a) if he ceases to be
a member of the Senate or of the House of Representatives,
as the case may be, otherwise than by reason of a
dissolution of the Senate or the House of Representatives;
or
(b) when the House of
which he was a member first sits after any dissolution of
that House; or
(c) if he is removed
from office by a resolution of the Senate or of the House of
Representatives, as the case may be, by the votes of not
less than two-thirds majority of the members of that House.
51. There shall be a Clerk to the National Assembly and such other
staff as may be prescribed by an Act of the National Assembly, and
the method of appointment of the Clerk and other staff of the
National Assembly shall be as prescribed by that tab
B - Procedure for Summoning and
Dissolution of National Assembly
52. (1) Every member of the
Senate or the House of Representatives shall, before taking his
seat, declare his assets and liabilities as prescribed in this
Constitution and subsequently take and subscribe the Oath of
Allegiance and the oath of membership as prescribed in the Seventh
Schedule to this Constitution before the President of the Senate
or, as the case may be, the Speaker of the House of
Representatives, but a member may before taking the oaths take
part in the election of a President and a Deputy President of the
Senate, as the case may be, or a Speaker and a Deputy Speaker of
the House of Representatives.
(2) The President and
Deputy President of the Senate and the Speaker and the Deputy
Speaker of the House of Representative s shall declare their
assets and liabilities as prescribed in this Constitution and
subsequently take and subscribe the Oath of Allegiance and the
oath of membership prescribed as aforesaid before the Clerk of
the National Assembly.
53. (1) At any sitting of
the National Assembly -
(a) in the case of the
Senate, the President of the Senate shall preside, and in
his absence the Deputy President shall preside; and
(b) in the case of the
House of Representatives, the Speaker of that House shall
preside, and in his absence the Deputy Speaker shall
preside.
(2) At any joint sitting
of the Senate and House of Representatives -
(a) the President of
Senate shall preside, and in his absence the Speaker of the
House of Representatives shall preside; and
(b) in the absence of
the persons mentioned in paragraph (a) of this subsection,
the Deputy President of the Senate shall preside, and in his
absence the Deputy Speaker of the House of Representatives
shall preside.
(3) In the absence of the
persons mentioned in the foregoing provisions of this section,
such member of the Senate or the House of Representatives or of
the joint sitting, as the case may be, as the Senate or the
House of Representatives or the joint sitting may elect for that
purpose shall preside.
54. (1) The quorum of the
Senate or of the House of Representatives shall be one-third of
all the members on of the Legislative House concerned.
(2) The quorum of a joint
sitting of both the Senate or of the House of Representatives
shall be one-third of all the members of both Houses.
(3) If objection is taken
by any member of the Senate or the House of Representatives
present that there are present in the House of which he is a
member (besides the person presiding fewer than one-third of all
the members of that House and that it is not competent for the
House to transact business, and after such interval as may be
prescribed in the rules of procedure of the House, the person
presiding ascertains that the number of members present is still
less than one-third of all the members of the House he shall
adjourn the House.
(4) The foregoing
provisions of this section shall apply in relation to a joint
sitting of both Houses of the National Assembly as they apply in
relation to a House of the National Assembly as if references to
the Senate or the House of Representatives and a member of
either Houses are references to both Houses and to any member of
the National Assembly, respectively.
55. The business of the National Assembly shall be conducted in
English, and in Hausa, Ibo and Yoruba when adequate arrangements
have been made therefor.
56. (1) Except as otherwise
provided by this Constitution any question proposed for decision
in the Senate or the House of Representatives shall be determined
by the required majority or the members present and voting; and
the person presiding shall cast a vote whenever necessary y to
avoid an equality of votes but shall not vote in any other case.
(2) Except as otherwise
provided by this Constitution, the required majority for the
purpose of determining any question shall be a simple majority.
(3) The Senate or the
House of Representatives shall by its rules provide -
(a) that a member of
the House shall declare any direct pecuniary interest he may
have in any matter coming before the House for deliberation;
(b) that the House may
by resolution decide whether or not such member may vote, or
participate in its deliberations, on such matter;
(c) the penalty, if
any, which the House may impose for failure to declare any
direct pecuniary interest such member may have; and`
(d) for such other
matters pertaining to the foregoing as the House may think
necessary,
but nothing in the foregoing provisions shall enable any
rules to be made to require any member, who signifies his
intention not to vote on or participate in such matter, and
who does not so vote or participate, to declare any such
interest.
57. Any person who sits or votes in the Senate or the House of
Representatives knowing or having reasonable grounds for knowing
that he is not entitled to do so commits an offence and is liable
on conviction to such punishment as shall be prescribed by an Act
of the National Assembly.
58. (1) The power of the
National Assembly to make laws shall be exercised by bills passed
by both the Senate and the House of Representatives and, except as
otherwise provided by subsection (5) of this section, assented to
by the President.
(2) A bill may originate
in either the Senate or the House of Representatives and shall
not become law unless it has been passed and, except as
otherwise provided by this section and section 59 of this
Constitution, assented to in accordance with the provisions of
this section.
(3) Where a bill has been
passed by the House in which it originated, it shall be sent to
the other House, and it shall be presented to the President for
assent when it has been passed by that other House and agreement
has been reached between the two Houses on any amendment made on
it.
(4) Where a bill is
presented to the President for assent, he shall within thirty
days thereof signify that he assents or that he withholds
assent.
(5) Where the President
withholds his assent and the bill is again passed by each House
by two-thirds majority, the bill shall become law and the assent
of the President shall not be required.
59. (1) The provisions of
this section shall apply to:
(a) an appropriation
bill or a supplementary appropriation bill, including any
other bill for the payment, issue or withdrawal from the
Consolidated Revenue Fund or any other public fund of the
Federation of any money charged thereon or any alteration in
the amount of such a payment, issue or withdrawal; and
(b) a bill for the
imposition of or increase in any tax, duty or fee or any
reduction, withdrawal or cancellation thereof.
(2) Where a bill to which
this section applies is passed by one of the Houses of the
National Assembly but is not passed by the other House within a
period of two months from the commencement of a financial year,
the President of the Senate shall within fourteen days
thereafter arrange for and convene a meeting of the joint
finance committee to examine the bill with a view to resolving
the differences between the two Houses.
(3) Where the joint
finance committee fails to resolve such differences, then the
bill shall be presented to the National Assembly sitting at a
joint meeting, and if the bill is passed at such joint meeting,
it shall be presented to the President for assent.
(4) Where the President,
within thirty days after the presentation of the bill to him,
fails to signify his assent or where he withholds assent, then
the bill shall again be presented to the National Assembly
sitting at a joint meeting, and if passed by two-thirds majority
of members of both houses at such joint meeting, the bill shall
become law and the assent of the President shall not be
required.
(5) In this section,
"joint finance committee" refers to the joint committee of the
National Assembly on finance established pursuant to section
62(3) of this Constitution.
60. Subject to the provisions of this Constitution, the Senate or
the House of Representatives shall have power to regulate its own
procedure, including the procedure for summoning and recess of the
House.
61. The Senate or the House of Representatives may act
notwithstanding any vacancy in its membership, and the presence or
participation of any person not entitled to be present at or to
participate in the proceedings of the House shall not invalidate
those proceedings.
62. (1) The Senate or the
House of Representatives may appoint a committee of its members
for such special or general purpose as in its opinion would be
better regulated and managed by means of such a committee, and may
by resolution, regulation or otherwise, as it thinks fit, delegate
any functions exercisable by it to any such committee.
(2) The number of members
of a committee appointed under this section, their terms of
office and quorum shall be fixed by the House appointing it.
(3) The Senate and the
House of Representatives shall appoint a joint committee on
finance consisting of an equal number of persons appointed by
each House and may appoint any other joint committee under the
provisions of this section.
(4) Nothing in this
section shall be construed as authorising such House to delegate
to a committee the power to decide whether a bill shall be
passed into law or to determine any matter which it is empowered
to determine by resolution under the provisions of this
Constitution, but the committee may be authorised to make
recommendations to the House on any such matter.
63. The Senate and the House of Representatives shall each sit for
a period of not less than one hundred and eighty-one days in a
year.
64. (1) The Senate and the
House of Representatives shall each stand dissolved at the
expiration of a period of four years commencing from the date of
the first sitting of the House.
(2) If the Federation is
at war in which the territory of Nigeria is physically involved
and the President considers that it is not practicable to hold
elections, the National Assembly may by resolution extend the
period of four years mentioned in subsection (1) of this section
from time to time but not beyond a period of six months at any
one time.
(3) Subject to the
provisions of this Constitution, the person elected as the
President shall have power to issue a proclamation for the
holding of the first session of the National Assembly
immediately after his being sworn in, or for its dissolution as
provided in this section.
C - Qualifications for Membership of National Assembly and Right of
Attendance
65. (1) Subject to the
provisions of section 66 of this Constitution, a person shall be
qualified for election as a member of:
(a) the Senate, if he is a
citizen of Nigeria and has attained the age of 35 years; and
(b) the House of
Representatives, if he is a citizen of Nigeria and has
attained the age of 30 years;
(2) A person shall be
qualified for election under subsection (1) of this section if:
(a) he has been
educated up to at least School Certificate level or its
equivalent; and
(b) he is a member of
a political party and is sponsored by that party.
66. (1) No person shall be
qualified for election to the Senate or the House of
Representatives if:
(a) subject to the
provisions of section 28 of this Constitution, he has
voluntarily acquired the citizenship of a country other than
Nigeria or, except in such cases as may be prescribed by the
National Assembly, has made a declaration of allegiance to
such a country;
(b) under any law in
force in any part of Nigeria, he is adjudged to be a lunatic
or otherwise declared to be of unsound mind;
(c) he is under a
sentence of death imposed on him by any competent court of
law or tribunal in Nigeria or a sentence of imprisonment or
fine for an offence involving dishonesty or fraud (by
whatever name called) or any other offence imposed on him by
such a court or tribunal or substituted by a competent
authority for any other sentence imposed on him by such a
court;
(d) within a period of
less than 10 years before the date of an election to a
legislative house, he has been convicted and sentenced for
an offence involving dishonesty or he has been found guilty
of a contravention of the Code of Conduct;
(e) he is an
undischarged bankrupt, having been adjudged or otherwise
declared bankrupt under any law in force in any part of
Nigeria;
(f) he is a person
employed in the public service of the Federation or of any
State and has not resigned, withdrawn or retired from such
employment 30 days before the date of election;
(g) he is a member of
a secret society;
(h) he has been
indicted for embezzlement or fraud by Judicial Commission of
Inquiry or an Administrative Panel of Inquiry or a Tribunal
set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the Federal or State
Government which indictment has been accepted by the Federal
or State Governments respectively; or.
(i) he has presented a
forged certificate to the Independence National Electoral
Commission.
(2) Where in respect of
any person who has been-
(a) adjudged to be a
lunatic;
(b) declared to be of
unsound mind;
(c) sentenced to death
or imprisonment; or
(d) adjudged or
declared bankrupt,
any appeal against the decision is pending in any court of
law in accordance with any law in force in Nigeria,
subsection (1) of the section shall not apply during a
period beginning from the date when such appeal is lodged
and ending on the date when the appeal is finally determined
or, as the case may be, the appeal lapses or is abandoned,
whichever is earlier.
(3) For the purposes of
subsection (2) of this section "appeal" includes any application
for an injunction or an order certiorari, mandamus, prohibition
or habeas corpus, or any appeal from any such application.
67. (1) The President may
attend any joint meeting of the National Assembly or any meeting
of either House of the National Assembly, either to deliver an
address on national affairs including fiscal measures, or to make
such statement on the policy of government as he considers to be
of national importance.
(2) A Minister of the
Government of the Federation attend either House of the National
Assembly if invited to express to the House the conduct of his
Ministry, and in particular when the affairs of that Ministry
are under discussion.
(3) Nothing in this
section shall enable any person who is not a member of the
Senate or of the House of Representatives to vote in that House
or in any of its committees.
68. (1) A member of the
Senate or of the House of Representatives shall vacate his seat in
the House of which he is a member if -
(a) he becomes a
member of another legislative house.
(b) any other
circumstances arise that, if he were not a member of the
Senate or the House of Representatives, would cause him to
be disqualified for election as a member;
(c) he ceases to be a
citizen of Nigeria;
(d) he becomes
President, Vice-President, Governor, Deputy Governor or a
Minister of the Government of the Federation or a
Commissioner of the Government of a State or a Special
Adviser.
(e) save as otherwise
prescribed by this Constitution, he becomes a member of a
commission or other body established by this Constitution or
by any other law.
(f) without just cause
he is absent from meetings of the House of which he is a
member for a period amounting in the aggregate to more than
one-third of the total number of days during which the House
meets in any one year;
(g) being a person
whose election to the House was sponsored by a political
party, he becomes a member of another political party before
the expiration of the period for which that House was
elected;
Provided that his membership of the latter political party
is not as a result of a division in the political party of
which he was previously a member or of a merger of two or
more political parties or factions by one of which he was
previously sponsored; or
(h) the President of
the Senate or, as the case may be, the Speaker of the House
of Representatives receives a certificate under the hand of
the Chairman of the Independent National Electoral
Commission stating that the provisions of section 69 of this
Constitution have been complied with in respect of the
recall of that member.
(2) The President of the
Senate or the Speaker of the House of Representatives, as the
case may be, shall give effect to the provisions of subsection
(1) of this section, so however that the President of the Senate
or the Speaker of the House of Representatives or a member shall
first present evidence satisfactory to the House concerned that
any of the provisions of that subsection has become applicable
in respect of that member.
(3) A member of the Senate
or of the House of Representatives shall be deemed to be absent
without just cause from a meeting of the House of which he is a
member, unless the person presiding certifies in writing that he
is satisfied that the absence of the member from the meeting was
for a just cause.
69. A member of the Senate or of the House Representatives may be
recalled as such a member if -
(a) there is presented
to the Chairman of the Independent National Electoral
Commission a petition in that behalf signed by more than
one-half of the persons registered to vote in that member's
constituency alleging their loss of confidence in that
member; and
(b) the petition is
thereafter, in a referendum conducted by the Independent
National Electoral Commission within ninety days of the date
of receipt of the petition, approved by a simple majority of
the votes of the persons registered to vote in that member's
constituency.
70. A member of the Senate or of the House of Representatives
shall receive such salary and other allowances as Revenue
Mobilisation Allocation and Fiscal Commission may determine
D - Elections to National Assembly
71. Subject to the provisions of section 72 of this Constitution,
the Independent National Electoral Commission shall -
(a) divide each State
of the Federation into three Senatorial districts for
purposes of elections to the Senate; and
(b) subject to the
provisions of section 49 of this Constitution, divide the
Federation into three hundred and sixty Federal
constituencies for purposes of elections to the House of
Representatives.
72. No Senatorial district or Federal constituency shall fall
within more than one State, and the boundaries of each district or
constituency shall be as contiguous as possible and be such that
the number of inhabitants thereof is as nearly equal to the
population quota as is reasonably practicable.
73. (1) The Independent
National Electoral Commission shall review the division of States
and of the Federation into Senatorial districts and Federal
constituencies at intervals of not less than ten years, and may
alter the districts or constituencies in accordance with the
provisions of this section to such extent as it may consider
desirable in the light of the review.
(2) Notwithstanding
subsection (1) of this section, the Independent National
Electoral Commission may at any time carry out such a review and
alter the districts or constituencies in accordance with the
provisions of this section to such extent as it considers
necessary, in consequence of any amendment to section 8 of this
Constitution or any provision replacing that section, or by
reason of the holding of a census of the population, or pursuant
to an Act of the National Assembly.
74. Where the boundaries of any Senatorial district or Federal
constituency established under section 71 of this Constitution are
altered in accordance with the provisions section 73 hereof, the
alteration shall come into effect after it has been approved by
each House of the National Assembly and after the current life of
the Senate (in the case of an alteration to the boundaries of a
Senatorial district) or the House of s (in the case of an
alteration to the boundaries of a Federal constituency).
75. For the purposes of section 72 of this Constitution, the
number of inhabitants of Nigeria or any part thereof shall be
ascertained by reference to the 1991 census of the population of
Nigeria or the latest census held in pursuance of an Act of the
National Assembly after the coming into force of the provisions of
this Part of this Chapter of this Constitution.
76. (1) Elections to each
House of the National Assembly shall be held on a date to be
appointed by the Independent National Electoral Commission.
(2) The date mentioned in
subsection (1) of this section shall not be earlier than sixty
days before and not later than the date on which the House
stands dissolved, or where the election to fill a vacancy
occurring more than three months before such date; not later
than one month after the vacancy occurred.
77. (1) Subject to the
provisions of this Constitution, every Senatorial district or
Federal constituency established in accordance with the provisions
of this Part of this Chapter shall return a member who shall be
directly elected to the Senate or the House of Representatives in
such manner as may be prescribed by an act of the National
Assembly.
(2) Every citizen of
Nigeria, who has attained the age of eighteen years residing in
Nigeria at the time of the registration of voters for purposes
of election to a legislative house, shall be entitled to be
registered as a voter for that election.
78. The registration of voters and the conduct of elections shall
be subject to the direction and supervision of Independent
National Electoral Commission.
79. The National Assembly shall make provisions in respects -
(a) persons who may
apply to an election tribunal for determination of any
question as to whether -
(i) any person has
been validly elected as a member of the Senate or of the
House of Representatives,
(ii) the term of
office of any person has ceased, or
(iii) the seat in
the Senate or in the House of Representatives of a member
of that House has become vacant;
(b) circumstances and
manner in which, and the conditions upon which, such
application may be made; and
(c) powers, practice
and procedure of the election tribunal in relation to any
such application.
E - Powers and Control over Public Funds
80. (1) All revenues or
other moneys raised or received by the Federation (not being
revenues or other moneys payable under this Constitution or any
Act of the National Assembly into any other public fund of the
Federation established for a specific purpose) shall be paid into
and form one Consolidated Revenue Fund of the Federation.
(2) No moneys shall be
withdrawn from the Consolidated Revenue Fund of the Federation
except to meet expenditure that is charged upon the fund by this
Constitution or where the issue of those moneys has been
authorised by an Appropriation Act, Supplementary Appropriation
Act or an Act passed in pursuance of section 81 of this
Constitution.
(3) No moneys shall be
withdrawn from any public fund of the Federation, other than the
Consolidated Revenue Fund of the Federation, unless the issue of
those moneys has been authorised by an Act of the National
Assembly.
(4) No moneys shall be
withdrawn from the Consolidated Revenue Fund or any other public
fund of the Federation, except in the manner prescribed by the
National Assembly.
81. (1) The President shall
cause to be prepared and laid before each House of the National
Assembly at any time in each financial year estimates of the
revenues and expenditure of the Federation for the next following
financial year.
(2) The heads of
expenditure contained in the estimates (other than expenditure
charged upon the Consolidated Revenue Fund of the Federation by
this Constitution) shall be included in a bill, to be known as
an Appropriation Bill, providing for the issue from the
Consolidated Revenue Fund of the sums necessary to meet that
expenditure and the appropriation of those sums for the purposes
specified therein.
(3) Any amount standing to
the credit of the judiciary in the Consolidated Revenue Fund of
the Federation shall be paid directly to the National Judicial
Council for disbursement to the heads of the courts established
for the Federation and the State under section 6 of this
Constitution.
(4) If in respect of any
financial year it is found that -
(a) the amount
appropriated by the Appropriation Act for any purpose is
insufficient; or
(b) a need has arisen
for expenditure for a purpose for which no amount has been
appropriated by the Act,
a supplementary estimate showing the sums required shall be
laid before each House of the National Assembly and the
heads of any such expenditure shall be included in a
Supplementary Appropriation Bill.
82. If the Appropriation Bill in respect of any financial year has
not been passed into law by the beginning of the financial year,
the President may authorise the withdrawal of moneys in the
Consolidated Revenue Fund of the Federation for the purpose of
meeting expenditure necessary to carry on the services of the
Government of the Federation for a period not exceeding months or
until the coming into operation of the Appropriate Act, whichever
is the earlier:
Provided that the withdrawal in respect of any such period shall
not exceed the amount authorised to be withdrawn from the
Consolidated Revenue Fund of the Federation under the provisions
of the Appropriation Act passed by the National Assembly for the
corresponding period in the immediately preceding financial year,
being an amount proportionate to the total amount so authorised
for the immediately preceding financial year.
83. (1) The National
Assembly may by law make provisions for the establishment of a
Contingencies Fund for the Federation and for authorising the
President, if satisfied that there has arisen an urgent and
unforeseen need for expenditure for which no other provision
exists, to make advances from the Fund to meet the need.
(2) Where any advance is
made in accordance with the provisions of this section, a
Supplementary Estimate shall be presented and a Supplementary
Appropriation Bill shall be introduced as soon as possible for
the purpose of replacing the amount so advanced.
84. (1) There shall be paid
to the holders of the offices mentioned in this section such
remuneration, salaries and allowances as may be prescribed by the
National Assembly, but not exceeding the amount as shall have been
determined by the Revenue Mobilisation Allocation and Fiscal
Commission.
(2) The remuneration,
salaries and allowances payable to the holders of the offices so
mentioned shall be a charge upon the Consolidated Revenue Fund
of the Federation.
(3) The remuneration and
salaries payable to the holders of the said offices and their
conditions of service, other than allowances, shall not be
altered to their disadvantage after their appointment.
(4) The offices aforesaid
are the offices of President, Vice-President, Chief Justice of
Nigeria, Justice of the Supreme Court, President of the Court of
Appeal, Justice of the Court of Appeal, Chief Judge of the
Federal High Court, Judge of the Federal High Court, Chief Judge
and Judge of the High Court of the Federal Capital Territory,
Abuja, Chief Judge of a State, Judge of the High Court of a
State, Grand Kadi of the Sharia Court of Appeal of the Federal
Capital Territory, Abuja, President and Judge of the Customary
Court of Appeal of the Federal Capital Territory, Abuja, Grand
Kadi and Kadi of the Sharia Court of Appeal of a State,
President and Judge of the Customary Court of Appeal of a State,
the Auditor-General for the Federation and the Chairmen and
members of the following executive bodies, namely, the Code of
Conduct Bureau, the Federal Civil Service Commission, the
Independent National Electoral Commission, the National Judicial
Council, the Federal Judicial Service Commission, the Judicial
Service Committee of the Federal Capital Territory, Abuja, the
Federal Character Commission, the Code of Conduct Tribunal, the
National Population Commission, the Revenue Mobilisation
Allocation and Fiscal Commission, the Nigeria Police Council and
the Police Service Commission.
(5) Any person who has
held office as President or Vice-President shall be entitled to
pension for life at a rate equivalent to the annual salary of
the incumbent President or Vice-President:
Provided that such a person was not removed from office by the
process of impeachment or for breach of any provisions of this
Constitution.
(6) Any pension granted by
virtue of subsection (5) of this section shall be a charge upon
the Consolidated Revenue Fund of the Federation.
(7) The recurrent
expenditure of judicial offices in the Federation (in addition
to salaries and allowances of the judicial officers mentioned in
subsection (4) of this section) shall be charge upon the
Consolidated Revenue Fund of the Federation.
85. (1) There shall be an
Auditor-General for the Federation who shall be appointed in
accordance with the provisions of section 86 of this Constitution.
(2) The public accounts of
the Federation and of all offices and courts of the Federation
shall be audited and reported on to the Auditor-General who
shall submit his reports to the National Assembly; and for that
purpose, the Auditor-General or any person authorised by him in
that behalf shall have access to all the books, records, returns
and other documents relating to those accounts.
(3) Nothing in subsection
(2) of this section shall be construed as authorising the
Auditor-General to audit the accounts of or appoint auditors for
government statutory corporations, commissions, authorities,
agencies, including all persons and bodies established by an Act
of the National Assembly, but the Auditor-General shall -
(a) provide such
bodies with -
(i) a list of
auditors qualified to be appointed by them as external
auditors and from which the bodies shall appoint their
external auditors, and
(ii) guidelines on
the level of fees to be paid to external auditors; and
(b) comment on their
annual accounts and auditor's reports thereon.
(4) The Auditor-General
shall have power to conduct checks of all government statutory
corporations, commissions, authorities, agencies, including all
persons and bodies established by an Act of the National
Assembly.
(5) The Auditor-General
shall, within ninety days of receipt of the Accountant-General's
financial statement, submit his reports under this section to
each House of the National Assembly and each House shall cause
the reports to be considered by a committee of the House of the
National Assembly responsible for public accounts.
(6) In the exercise of his
functions under this Constitution, the Auditor-General shall not
be subject to the direction or control of any other authority or
person.
86. (1) The Auditor-General
for the Federation shall be appointed by the President on the
recommendation of the Federal Civil Service Commission subject to
confirmation by the Senate.
(2) The power to appoint
persons to act in the office of the Auditor-General shall vest
in the President.
(3) Except with the
sanction of a resolution of the Senate, no person shall act in
the office of the Auditor-General for a period exceeding six
months.
87. (1) A person holding the
office of the Auditor-General for the Federation shall be removed
from office by the President acting on an address supported by
two-thirds majority of the Senate praying that he be so removed
for inability to discharge the functions of his-office (whether
arising from infirmity of mind or body or any other cause) or for
misconduct.
(2) The Auditor-General
shall not be removed from office before such retiring age as may
be prescribed by law, save in accordance with the provisions of
this section.
88. (1) Subject to the
provisions of this Constitution, each House of the National
Assembly shall have power by resolution published in its journal
or in the Official Gazette of the Government of the Federation to
direct or cause to be directed investigation into -
(a) any matter or
thing with respect to which it has power to make laws, and
(b) the conduct of
affairs of any person, authority, ministry or government
department charged, or intended to be charged, with the duty
of or responsibility for -
(i) executing or
administering laws enacted by National Assembly, and
(ii) disbursing or
administering moneys appropriated or to be appropriated by
the National Assembly.
(2) The powers conferred
on the National Assembly under the provisions of this section
are exercisable only for the purpose of enabling it to -
(a) make laws with
respect to any matter within its legislative competence and
correct any defects in existing laws; and
(b) expose corruption,
inefficiency or waste in the execution or administration of
laws within its legislative competence and in the
disbursement or administration of funds appropriated by it.
89. (1) For the purposes of
any investigation under section 88 of this Constitutional and
subject to the provisions thereof, the Senate or the House of
Representatives or a committee appointed in accordance with
section 62 of this Constitution shall have power to -
(a) procure all such
evidence, written or oral, direct or circumstantial, as it
may think necessary or desirable, and examine all persons as
witnesses whose evidence may be material or relevant to the
subject matter;
(b) require such
evidence to be given on oath;
(c) summon any person
in Nigeria to give evidence at any place or produce any
document or other thing in his possession or under his
control, and examine him as a witness and require him to
produce any document or other thing in his possession or
under his control, subject to all just exceptions; and
(d) issue a warrant to
compel the attendance of any person who, after having been
summoned to attend, fails, refuses or neglects to do so and
does not excuse such failure, refusal or neglect to the
satisfaction of the House or the committee in question, and
order him to pay all costs which may have been occasioned in
compelling his attendance or by reason of his failure,
refusal or neglect to obey the summons, and also to impose
such fine as may be prescribed for any such failure, refused
or neglect; and any fine so imposed shall be recoverable in
the same manner as a fine imposed by a court of law.
(2) A summons or warrant
issued under this section may be served or executed by any
member of the Nigeria Police Force or by any person authorised
in that behalf by the President of the Senate or the Speaker of
the House of Representatives, as the case may require.
90. There shall be a House of Assembly for each of the States of
the Federation.
91. Subject to the provisions of this Constitution, a House of
Assembly of a State shall consist of three or four times the
number of seats which that State has in the House of
Representatives divided in a way to reflect, as far as possible
nearly equal population:
Provided that a House of Assembly of a State
shall consist of not less than twenty-four and not more than forty
members.
92. (1)
There shall be a Speaker and a Deputy Speaker of a House of
Assembly who shall be elected by the members of the House from
among themselves.
(2) The Speaker
or Deputy Speaker of the House of Assembly shall vacate his
office -
(a)
if he ceases to be a member of the House of Assembly
otherwise than by reason of the dissolution of the House;
(b)
When the House first sits after any dissolution of House; or
(c)
if he is removed from office by a resolution of House of
Assembly by the votes of not less than two-third majority of
the members of the House.
93. There shall be a Clerk to a House of
Assembly and such other staff as may be prescribed by a Law
enacted by the House of Assembly, and the method of appointment of
the Clerk and other staff of the House shall be as prescribed by
that Law.
B - Procedure for Summoning and Dissolution
of House of Assembly
94. (1)
Every person elected to a House of Assembly shall before taking
his seat in that House, declare his assets and liabilities in the
manner prescribed in this Constitution and subsequently take and
subscribe before the Speaker of the House, the Oath of Allegiance
and oath of membership prescribed in the Seventh Schedule to this
Constitution, but a member may, before taking the oaths, take part
in the election of the Speaker and Deputy Speaker of the House of
Assembly.
(2) The
Speaker and Deputy Speaker of a House of Assembly shall declare
their assets and liabilities in the manner prescribed by this
Constitution and subsequently take and subscribe to the Oath of
Allegiance and the oath of membership prescribed as aforesaid
before the Clerk of the House of Assembly.
95. (1)
At any sitting of a House of Assembly, the Speaker of that House
shall preside, and in his absence the Deputy Speaker shall
preside.
(2) In
the absence of the Speaker and Deputy Speaker of the House, such
member of the House as the House may elect for a purpose shall
preside.
96. (1)
The quorum of a House of Assembly shall be one-third of all the
members of the House.
(2) If
objection is taken by any member of a House of Assembly present
that there are present in that House (besides the person
presiding) fewer than one-third of all the members of that House
and that it is not competent for the House to transact business,
and after such interval as may be prescribed in the rules of
procedure of the House, the person presiding ascertains that the
number of members present is still less than one-third of all
the members of the House, he shall adjourn the House.
97. The business of a House of Assembly shall
be conducted in English, but the House may in addition to English
conduct the business of the House in one or more other languages
spoken in the State as the House may by resolution approve.
98. (1)
Except as otherwise provided by this Constitution, any question
proposed for decision in a House of Assembly shall be determined
by the required majority of the members present and voting; and
the person presiding shall cast a vote whenever necessary to avoid
an equality of votes but shall not vote in any other case.
(2)
Except as otherwise provided by this Constitution, the required
majority for the purpose of determining any question shall be a
simple majority.
(3) A
House of Assembly shall by its rules provide -
(a)
that a member of the House shall declare any direct
pecuniary interest he may have in any matter coming before
the House for deliberation;
(b)
that the House may by resolution decide whether or not such
member may vote or participate in its deliberations, on such
matter;
(c)
the penalty, if any, which the House may impose for failure
to declare any direct pecuniary interest such member may
have; and
(d)
for such other matters pertaining to the foregoing as the
House may think necessary, but nothing in this subsection
shall enable any rules to be made to require any member, who
signifies his intention not to vote on or participate in
such matter, and who does not so vote or participate, to
declare any such interest.
99. Any person who sits or votes in a House of
Assembly of a State knowing or having reasonable grounds for
knowing that he is not entitled to do so commits an offence and is
liable on conviction to such punishment as shall be prescribed by
a Law of the House of Assembly.
100. (1)
The power of a House of Assembly to make laws shall be exercised
by bills passed by the House of Assembly and, except as otherwise
provided by this section, assented to by the Governor.
(2) A
bill shall not become Law unless it has been duly passed and,
subject to subsection (1) of this section, assented to in
accordance with the provisions of this section.
(3)
Where a bill has been passed by the House of Assembly it shall
be presented to the Governor for assent.
(4)
Where a bill is presented to the Governor for assent he shall
within thirty days thereof signify that he assents or that he
withholds assent.
(5)
Where the Governor withholds assent and the bill is again passed
by the House of Assembly by two-thirds majority, the bill shall
become law and the assent of the Governor shall not be required.
101. Subject to the provisions of this
Constitution, a House of Assembly shall have power to regulate its
own procedure, including the procedure for summoning and recess of
the House.
102. A House of Assembly may act
notwithstanding any vacancy in its membership, and the presence or
participation of any person not entitled to be present at or to
participate in the proceedings of the House shall not invalidate
such proceedings.
103. (1)
A House of Assembly may appoint a committee of its members for any
special or general purpose as in its opinion would be better
regulated and managed by means of such a committee, and may by
resolution, regulation or otherwise as it thinks fit delegate any
functions exercisable by it to any such committee.
(2) The
number of members of a committee appointed under this section,
their term of office and quorum shall be fixed by the House of
Assembly.
(3)
Nothing in this section shall be construed as authorising a
House of Assembly to delegate to a committee the power to decide
whether a bill shall be passed into Law or to determine any
matter which it is empowered to determine by resolution under
the provisions of this Constitution, but such a committee of the
House may be authorised to make recommendations to the House on
any such matter.
104. A House of Assembly shall sit for a period
of not less than one hundred and eighty-one days in a year.
105. (1)
A House of Assembly shall stand dissolved at the expiration of a
period of four years commencing from the date of the first sitting
of the House.
(2) If
the Federation is at war in which the territory of Nigeria is
physically involved and the President considers that it is not
practicable to hold elections, the National Assembly may by
resolution extend the period of four years mentioned in
subsection (1) of this section from time to time but not beyond
a period of six months at any one time.
(3)
Subject to the provisions of this Constitution, the person
elected as the Governor of a State shall have power to issue a
proclamation for the holding of the first session of the House
of Assembly of the State concerned immediately after his being
sworn in, or for its dissolution as provided in this section.
C -Qualification for Membership of House of Assembly and Right of
Attendance
106. Subject to the provisions of section 107 of this
Constitution, a person shall be qualified for election as a member
of a House of Assembly if -
(a)
he is a citizen of Nigeria;
(b)
he has attained the age of thirty years;
(c)
he has been educated up to at least the School Certificate
level or its equivalent; and
(d)
he is a member of a political party and is sponsored by that
party.
107. (1)
No person shall be qualified for election to a House of Assembly
if -
(a)
subject to the provisions of Section 28 of this
Constitution, he has voluntarily acquired the citizenship of
a country other than Nigeria or, except in such cases as may
be prescribed by the National Assembly, has made a
declaration of allegiance to such a country;
(b)
under any law in force in any part of Nigeria, he is
adjudged to be a lunatic or otherwise declared to be of
unsound mind;
(c)
he is under a sentence of death imposed on him by any
competent court of law or tribunal in Nigeria or a sentence
of imprisonment or fine for an offence involving dishonesty
or fraud (by whatever name called) or any other offence
imposed on him by such a court or tribunal substituted by a
competent authority for any other sentence imposed on him by
such a court or tribunal;
(d)
within a period of less than ten years before the date of an
election to the House of Assembly, he has been convicted and
sentenced for an offence involving dishonesty or he has been
found guilty of a contravention of the Code of Conduct;
(e)
he is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in any
part of Nigeria;
(f)
he is a person employed in the public service of the
Federation or of any State and he has not resigned,
withdrawn or retired from such employment thirty days before
the date of election;
(g)
he is a member of any secret society;
(h)
he has been indicted for embezzlement or fraud by a Judicial
Commission of Inquiry or an Administrative Panel of Inquiry
or a Tribunal set up under the Tribunals of Inquiry Act, a
Tribunals of Inquiry Law or any other law by the Federal and
State Government which indictment has been accepted by the
Federal or State Government, respectively; or
(i)
he has presented a forged certificate to the Independent
National Electoral Commission.
(2)
Where in respect of any person who has been -
(a)
adjudged to be a lunatic;
(b)
declared to be of unsound mind;
(c)
sentenced to death or imprisonment; or
(d)
adjudged or declared bankrupt,
any appeal against the decision is
pending in any court of law in accordance with any law in
force in Nigeria, subsection (1) of this section shall not
apply during a period beginning from the date when such
appeal is lodged and ending on the date when the appeal is
finally determined or, as the case may be, the appeal lapses
or is abandoned, whichever is earlier.
(3) For
the purposes of subsection (2) of this section, an "appeal"
includes any application for an injunction or an order of
certiorari, mandamus, prohibition or habeas corpus, or any
appeal from any such application.
108. (1)
The Governor of a State may attend a meeting of a House of
Assembly of the State either to deliver an address on State
affairs or to make such statement on the policy of government as
he may consider to be of importance to the State.
(2) A
Commissioner of the Government of a State shall attend the House
of Assembly of the State if invited to explain to the House of
Assembly the conduct of his Ministry, and in particular when the
affairs of that Ministry are under discussion.
(3)
Nothing in this section shall enable any person who is not a
member of a House of Assembly to vote in that House or in any of
its committees.
109. (1)
A member of a House of Assembly shall vacate his seat in the House
if -
(a)
he becomes a member of another legislative house;
(b)
any other circumstances arise that, if he were not a member
of that House, would cause him to be disqualified for
election as such a member;
(c)
he ceases to be a citizen of Nigeria;
(d)
he becomes President, Vice-President, Governor, Deputy
Governor or a Minister of the Government of the Federation
or a Commissioner of the Government of a State or a Special
Adviser;
(e)
save as otherwise prescribed by this Constitution, he
becomes a member of a commission or other body established
by this Constitution or by any other law;
(f)
without just cause he is absent from meetings of the House
of Assembly for a period amounting in the aggregate to more
than one-third of the total number of days during which the
House meets in any one year;
(g)
being a person whose election to the House of Assembly was
sponsored by a political party, he becomes a member of
another political party before the expiration of the period
for which that House was elected:
Provided that his membership of the
latter political party is not as a result of a division in
the political party of which he was previously a member or
of a merger of two or more political parties or factions by
one of which he was previously sponsored; or
(h)
the Speaker of the House of Assembly receives a certificate
under the hand of the Chairman of the Independent National
Electoral Commission stating that the provisions of section
110 of this Constitution have been complied with in respect
of the recall of the member.
(2) The
Speaker of the House of Assembly shall give effect to subsection
(1) of this section, so however that the Speaker or a member
shall first present evidence satisfactory to the House that any
of the provisions of that subsection has become applicable in
respect of the member.
(3) A
member of a House of Assembly shall be deemed to be absent
without just cause from a meeting of the House of Assembly
unless the person presiding certifies in writing that he is
satisfied that the absence of the member from the meeting was
for a just cause.
110. A member of the House of Assembly may be
recalled as such a member if -
(a)
there is presented to the Chairman of the Independent
National Electoral Commission a petition in that behalf
signed by more than one-half of the persons registered to
vote in that members's constituency alleging their loss of
confidence in that member; and
(b)
the petition is thereafter, in a referendum conducted by the
Independent National Electoral Commission within ninety days
of the date of the receipt of the petition, approved by a
simple majority of the votes of the persons registered to
vote in that member's constituency.
111. A member of the House of Assembly shall receive such salary
and other allowances as the Revenue Mobilisation Allocation and
Fiscal Commission may determine.
D - Elections to a House of Assembly
112. Subject to the provisions of sections 91 and 113 of this
Constitution, the Independent National Electoral Commission shall
divide every state in the federation into such number of state
constituencies as is equal to three or four times the number of
Federal constituencies within that state.
113. The boundaries of each State constituency
shall be such that the number of inhabitants thereof is as nearly
equal to the population quota as is reasonably practicable.
114. (1)
The Independent National Electoral Commission shall review the
division of every State into constituencies at intervals of not
less than ten years, and may alter such constituencies in
accordance with the provisions of this section to such extent as
it may consider desirable in the light of the review.
(2) The
Independent National Electoral Commission may at any time carry
out such a review and alter the constituencies in accordance
with the provisions of this section to such extent as it
considers necessary in consequence of any alteration of the
boundaries of the State or by reason of the holding of a census
of the population of Nigeria in pursuance of an Act of the
National Assembly.
115. Where the boundaries of any State
constituency established under section 112 of this Constitution
are altered in accordance with the provisions of section 114 of
this Constitution, that alteration shall come into effect after it
has been approved by the National Assembly and after the current
life of the House of Assembly.
116. (1)
Elections to a House of Assembly shall be held on a date to be
appointed by the Independent National Electoral Commission.
(2) The
date mentioned in subsection (1) of this section shall not be
earlier than sixty days before and not later than the date on
which the House of Assembly stands dissolved, or where the
election is to fill a vacancy occurring more than three months
before such date, not later than one month after the vacancy
occurred.
117. (1)
Subject to the provisions of this Constitution, every State
constituency established in accordance with the provisions of this
part of this Chapter shall return one member who shall be directly
elected to a House of Assembly in such manner as may be prescribed
by an Act of the National Assembly.
(2)
Every citizen of Nigeria, who has attained the age of eighteen
years residing in Nigeria at the time of the registration of
voters for purposes of election to any legislative house, shall
be entitled to be registered as a voter for that election.
118. The registration of voters and the conduct
of elections shall be subject to the direction and supervision of
the Independent National Electoral Commission.
119. The National Assembly shall make
provisions as respects -
(a)
persons who may apply to an election tribunal for the
determination of any question as to whether -
(i)
any person has been validly elected as a member of a House
of Assembly,
(ii)
the term of office of any person has ceased, or
(iii)
the seat in a House of Assembly of a member of that House
has become vacant;
(b)
circumstances and manner in which, and the conditions upon
which, such application may be made; and
(c)
powers, practice and procedure of the election tribunal in
relation to any such application.
E - Powers and Control over Public Funds
120. (1) All revenues or
other moneys raised or received by a State (not being revenues or
other moneys payable under this Constitution or any Law of a House
of Assembly into any other public fund of the State established
for a specific purpose) shall be paid into and form one
Consolidated Revenue Fund of the State.
(2) No
moneys shall be withdrawn from the Consolidated Revenue Fund of
the State except to meet expenditure that is charged upon the
Fund by this Constitution or where the issue of those moneys has
been authorised by an Appropriation Law, Supplementary
Appropriation Law or Law passed in pursuance of section 121 of
this Constitution.
(3) No
moneys shall be withdrawn from any public fund of the State,
other than the Consolidated Revenue Fund of the State, unless
the issue of those moneys has been authorised by a Law of the
House of Assembly of the State.
(4) No
moneys shall be withdrawn from the Consolidated Revenue Fund of
the State or any other public fund of the State except in the
manner prescribed by the House of Assembly.
121. (1)
The Governor shall cause to be prepared and laid before the House
of Assembly at any time before the commencement of each financial
year estimates of the revenues and expenditure of the State for
the next following financial year.
(2) The
heads of expenditure contained in the estimates, other than
expenditure charged upon the Consolidated Revenue Fund of the
State by this Constitution, shall be included in a bill, to be
known as an Appropriation Bill, providing for the issue from the
Consolidated Revenue Fund of the State of the sums necessary to
meet that expenditure and the appropriation of those sums for
the purposes specified therein.
(3) Any
amount standing to the credit of the judiciary in the
Consolidated Revenue Fund of the State shall be paid directly to
the heads of the courts concerned.
(4) If
in respect of any financial year, it is found that -
(a)
the amount appropriated by the Appropriation Law for any
purpose is insufficient; or
(b)
a need has arisen for expenditure for a purpose for which no
amount has been appropriated by the Law,
a supplementary estimate showing the sums
required shall be laid before the House of Assembly and the
heads of any such expenditure shall be included in a
Supplementary Appropriation Bill.
122. If the Appropriation Bill in respect of
any financial year has not been passed into Law by the beginning
of the financial year, the Governor may authorise the withdrawal
of moneys from the Consolidated Revenue Fund of the State for the
purpose of meeting expenditure necessary to carry on the services
of the government for a period not exceeding six months or until
the coming into operation of the Law, whichever is the earlier:
Provided that the withdrawal in respect of any
such period shall not exceed the amount authorised to be withdrawn
from the Consolidated Revenue Fund of the State under the
provisions of the Appropriation Law passed by the House of
Assembly for the corresponding period in the immediately preceding
financial year, being an amount proportionate to the total amount
so authorised for the immediately preceding financial year.
123. (1)
A House of Assembly may by Law make provisions for the
establishment of a Contingencies Fund for the State and for
authorising the Governor, if satisfied that there has arisen an
urgent and unforeseen need for expenditure for which no other
provision exists, to make advances from the Fund to meet that
need.
(2)
Where any advance is made in accordance with the provisions of
this section, a Supplementary Estimate shall be presented and a
Supplementary Appropriation Bill shall be introduced as soon as
possible for the purpose of replacing the amount so advanced.
124. (1)
There shall be paid to the holders of the offices mentioned in
this section such remuneration and salaries as may be prescribed
by a House of Assembly, but not exceeding the amount as shall have
been determined by the Revenue Mobilisation Allocation and Fiscal
Commission.
(2) The
remuneration, salaries and allowances payable to the holders of
the offices so mentioned shall be charged upon the Consolidated
Revenue Fund of the State.
(3) The
remuneration and salaries payable to the holders of the said
offices and their conditions of service, other than allowances,
shall not be altered to their disadvantage after their
appointment.
(4) The
offices aforesaid are the offices of Governor, Deputy Governor,
Auditor-General for a State and the Chairman and members of the
following bodies, that is to say, the State Civil Service
Commission, the State Independent Electoral Commission and the
State Judicial Service Commission.
(5)
Provisions may be made by a Law of a House of Assembly for the
grant of a pension or gratuity to or in respect of a person who
had held office as Governor or Deputy Governor and was not
removed from office as a result of impeachment; and any pension
granted by virtue of any provisions made in pursuance of this
subsection shall be a charge upon the Consolidated Revenue Fund
of the State.
125. (1)
There shall be an Auditor-General for each State who shall be
appointed in accordance with the provisions of section 126 of this
Constitution.
(2) The
public accounts of a State and of all offices and courts of the
State shall be audited by the Auditor-General for the State who
shall submit his reports to the House of Assembly of the State
concerned, and for that purpose the Auditor-General or any
person authorised by him in that behalf shall have access to all
the books, records, returns and other documents relating to
those accounts.
(3)
Nothing in subsection (2) of this section shall be construed as
authorising the Auditor-General to audit the accounts of or
appoint auditors for government statutory corporations,
commissions, authorities, agencies, including all persons and
bodies established by Law by the Auditor-General shall -
