Federal Capital Territory, Abuja and General Supplementary Provisions
Part I
Federal Capital Territory, Abuja
297. (1) There shall be a
Federal Capital Territory, Abuja the boundaries of which are as
defined in Part II of the First Schedule to this Constitution.
(2)
The ownership of
all lands comprised in the Federal Capital Territory, Abuja
shall vest in the Government of the Federal Republic of Nigeria.
298. The Federal Capital Territory, Abuja shall
be the Capital of the Federation and seat of the Government of the
Federation.
299. The provisions of this Constitution shall
apply to the Federal Capital Territory, Abuja as if it were one of
the States of the Federation; and accordingly -
(a)
all the
legislative powers, the executive powers and the judicial
powers vested in the House of Assembly, the Governor of a
State and in the courts of a State shall, respectively, vest
in the National Assembly, the President of the Federation
and in the courts which by virtue of the foregoing
provisions are courts established for the Federal Capital
Territory, Abuja;
(b)
all the powers
referred to in paragraph (a) of this section shall be
exercised in accordance with the provisions of this
Constitution; and
(c)
the provisions
of this Constitution pertaining to the matters aforesaid
shall be read with such modifications and adaptations as may
be reasonably necessary to bring them into conformity with
the provisions of this section.
300. For the purposes of Chapter V of this
Constitution, the Federal Capital Territory, Abuja shall
constitute one Senatorial district and as many Federal
constituencies as it is entitled to under section 49 of this
Constitution.
301. Without prejudice to the generality of the
provisions of section 299 of this Constitution, in its application
to the Federal Capital Territory, Abuja, this Constitution shall
be construed as if-
(a)
references to
the Governor, Deputy Governor and the executive council of a
State (howsoever called) were references to the President,
Vice-President and the executive council of the Federation
(howsoever called) respectively;
(b)
references to
the Chief Judge and Judges of the High Court of a State were
references to the Chief Judge and Judges of the High Court,
which is established for the Federal Capital Territory,
Abuja by the provisions of this Constitution; and
(c)
references to
persons, offices and authorities of a State were references
to the persons, offices and authorities of the Federation
with like status, designations and powers, respectively; and
in particular, as if references to the Attorney-General,
Commissioners and the Auditor-General for a State were
references to the Attorney-General, Ministers and the
Auditor-General of the Federation with like status,
designations and powers.
302. The President may, in exercise of the
powers conferred upon him by section 147 of this Constitution,
appoint for the Federal Capital Territory, Abuja a Minister who
shall exercise such powers and perform such functions as may be
delegated to him by the President, from time to time.
303. The Federal Capital Territory, Abuja shall
comprise six area councils and the administrative and political
structure thereof shall be as provided by an Act of the National
Assembly.
304.
(1)
There shall be for the Federal Capital Territory, Abuja, a
Judicial Service Committee of the Federal Capital Territory,
Abuja, the composition and functions of which shall be as provided
in Part III of the Third Schedule to this Constitution.
(2)
The provisions of sections 154(1) and
(3), 155, 156, 157(1) and (2), 158(1) and 159 to 161 of this
Constitution shall apply with necessary modifications to the
Judicial Service Committee of the Federal Capital Territory,
Abuja.
305. (1) Subject to the
provisions of this Constitution, the President may by instrument
published in the Official -Gazette} of the Government of the
Federation issue a Proclamation of a state of emergency in the
Federation or any part thereof.
(2)
The President shall
immediately after the publication, transmit copies of the
Official -Gazette of the Government of the Federation containing
the proclamation including the details of the emergency to the
President of the Senate and the Speaker of the House of
Representatives, each of whom shall forthwith convene or arrange
for a meeting of the House of which he is President or Speaker,
as the case may be, to consider the situation and decide whether
or not to pass a resolution approving the Proclamation.
(3)
The President shall
have power to issue a Proclamation of a state of emergency only
when -
(a)
the Federation
is at war;
(b)
the Federation
is in imminent danger of invasion or involvement in a state
of war;
(c)
there is actual
breakdown of public order and public safety in the
Federation or any part thereof to such extent as to require
extraordinary measures to restore peace and security;
(d)
there is a
clear and present danger of an actual breakdown of public
order and public safety in the Federation or any part
thereof requiring extraordinary measures to avert such
danger;
(e)
there is an
occurrence or imminent danger, or the occurrence of any
disaster or natural calamity, affecting the community or a
section of the community in the Federation;
(f)
there is any
other public danger which clearly constitutes a threat to
the existence of the Federation; or
(g)
the President
receives a request to do so in accordance with the
provisions of subsection (4) of this section.
(4)
The Governor of a
State may, with the sanction of a resolution supported by
two-thirds majority of the House of Assembly, request the
President to issue a Proclamation of a state of emergency in the
State when there is in existence within the State any of the
situations specified in subsection (3) (c), (d) and (e) of this
section and such situation does not extend beyond the boundaries
of the State.
(5)
The President shall
not issue a Proclamation of a state of emergency in any case to
which the provisions of subsection (4) of this section apply
unless the Governor of the State fails within a reasonable time
to make a request to the President to issue such Proclamation.
(6)
A Proclamation issued
by the President under this section shall cease to have effect -
(a)
if it is
revoked by the President by instrument published in the
Official Gazette of the Government of the Federation;
(b)
if it affects
the Federation or any part thereof and within two days when
the National Assembly is in session, or within ten days when
the National Assembly is not in session, after its
publication, there is no resolution supported by two-thirds
majority of all the members of each House of the National
Assembly approving the Proclamation;
(c)
after a period
of six months has elapsed since it has been in force:
Provided that the National Assembly may,
before the expiration of the period of six months aforesaid,
extend the period for the Proclamation of the state of
emergency to remain in force from time to time for a further
period of six months by resolution passed in like manner; or
(d)
at any time
after the approval referred to in paragraph (b) or the
extension referred to in paragraph (c) of this subsection,
when each House of the National Assembly revokes the
Proclamation by a simple majority of all the members of each
House.
306.
(1)
Save as otherwise provided in this section, any person who is
appointed, elected or otherwise selected to any office established
by this Constitution may resign from that office by writing under
his hand addressed to the authority or person by whom he was
appointed, elected or selected.
(2)
The resignation of
any person from any office established by this Constitution
shall take effect when the writing signifying the resignation is
received by the authority or person to whom it is addressed or
by any person authorised by that authority or person to receive
it.
(3)
The notice of
resignation of the President and of the Vice-President shall
respectively be addressed to the president of the Senate and to
the President.
(4)
On the resignation
of the President, the President of the Senate shall forthwith
give notice of the resignation to the Speaker of the House of
Representatives.
(5)
The notice of
resignation of the Governor and of the Deputy Governor of a
State shall respectively be addressed to the Speaker of the
House of Assembly and the Governor of the State.
(6)
The notice of
resignation of the President of the Senate and of the Speaker of
the House of Representatives shall in each case be addressed to
the Clerk of the National Assembly, and the notice of
resignation of the Speaker of a House of Assembly shall be
addressed to the Clerk of the House of Assembly of the State.
(7)
The notice of
resignation of a member of a legislative house shall be
addressed to the President of the Senate or, as the case may
require, to the Speaker of the legislative house in question.
307. Notwithstanding any provisions contained
in Chapter IV and subject to sections 131 and 177 of this
Constitution, no citizen of Nigeria by registration or under a
grant of certificate of naturalisation shall within ten years of
such registration or grant, hold any elective or appointive office
under this Constitution.
308.
(1)
Notwithstanding anything to the contrary in this Constitution, but
subject to subsection (2) of this section -
(a)
no civil or
criminal proceedings shall be instituted or continued
against a person to whom this section applies during his
period of office;
(b)
a person to
whom this section applies shall not be arrested or
imprisoned during that period either in pursuance of the
process of any court or otherwise; and
(c)
no process of
any court requiring or compelling the appearance of a person
to whom this section applies, shall be applied for or
issued:
Provided that in ascertaining whether any
period of limitation has expired for the purposes of any
proceedings against a person to whom this section applies,
no account shall be taken of his period of office.
(2)
The provisions of
subsection (1) of this section shall not apply to civil
proceedings against a person to whom this section applies in his
official capacity or to civil or criminal proceedings in which
such a person is only a nominal party.
(3)
This section applies to a person
holding the office of President or Vice-President, Governor or
Deputy Governor; and the reference in this section to "period of
office" is a reference to the period during which the person
holding such office is required to perform the functions of the
office.
Part III
Transitional Provisions and Savings
309. Notwithstanding the provisions of Chapter III of this
Constitution but subject to section 28 thereof, any person who
became a citizen of Nigeria by birth, registration or
naturalisation under the provisions of any other Constitution
shall continue to be a citizen of Nigeria under this Constitution.
310. (1)
Until the National Assembly or a House of Assembly has exercised
its powers to initiate legislation in accordance with the
provisions of section 51 or 93 of this Constitution, the Clerk or
other staff of a legislative house shall be appointed, as respects
each House of the National Assembly by the Federal Civil Service
Commission, and as respects a House of Assembly by the State Civil
Service Commission.
(2)
In exercising its
powers under the provisions of this section, the Federal Civil
Service Commission shall consult, as appropriate, the President
of the Senate or the Speaker of the House of the
Representatives, and a State Civil Service Commission shall
consult the Speaker of the House of Assembly of the State.
311. (1)
The provisions of this section shall have effect until the
National Assembly or a House of Assembly exercises the powers
conferred upon it by section 60 or 101 of this Constitution as
appropriate.
(2)
The Standing Orders
of the Senate established under the former Constitution shall
apply in relation to the proceedings in the Senate established
under this Constitution.
(3) The Standing Orders of the House of
Representatives established under the former Constitution shall
apply in relation to the proceedings in the House of
Representatives established under this Constitution.
(4)
The Standing Orders
of a House of Assembly established under the former Constitution
shall apply in relation to a House of Assembly of a State
established under this Constitution.
(5)
The Standing Orders
of the former legislative houses referred to in subsections (2),
(3) and (4) of this section, shall apply in relation to a
legislative house with such modifications as may be necessary to
bring them into conformity with the provisions of this
Constitution.
(6)
In this section,
the "former Constitution" refers to the Constitution of the
Federal Republic of Nigeria 1979.
312. (1)
The electoral commission established for the Federation under any
law in force immediately before the date when this section comes
into force shall be responsible for performing the functions
conferred on the Independent National Electoral Commission
established by the provisions of this Constitution.
(2)
Any person who
before the coming into force of this Constitution was elected to
any elective office mentioned in this Constitution in accordance
with the provisions of any law in force immediately before the
coming into force of this Constitution shall be deemed to have
been duly elected to that office under this Constitution.
313. Pending any Act of the National Assembly
for the provision of a system of revenue allocation between the
Federation and the States, among the States, between the States
and local government councils and among the local government
councils in the States, the system of revenue allocation in
existence for the financial year beginning from 1st January 1998
and ending on 31st December 1998 shall, subject to the provisions
of this Constitution and as from the date when this section comes
into force, continue to apply:
Provided that where functions have been
transferred under this Constitution from the Government of the
Federation to the States and from the States to local government
councils the appropriations in respect of such functions shall
also be transferred to the States and the local government
councils, as the case may require.
314. Any debt of the Federation or of a State
which immediately before the date when this section comes into
force was charged on the revenue and assets of the Federation or
on the revenue and assets of a State shall, as from the date when
this section comes into force, continue to be so charged.
315. (1)
Subject to the provisions of this Constitution, an existing law
shall have effect with such modifications as may be necessary to
bring it into conformity with the provisions of this Constitution
and shall be deemed to be -
(a)
an Act of the
National Assembly to the extent that it is a law with
respect to any matter on which the National Assembly is
empowered by this Constitution to make laws; and
(b)
a Law made by a
House of Assembly to the extent that it is a law with
respect to any matter on which a House of Assembly is
empowered by this Constitution to make laws.
(2)
The appropriate
authority may at any time by order make such modifications in
the text of any existing law as the appropriate authority
considers necessary or expedient to bring that law into
conformity with the provisions of this Constitution.
(3)
Nothing in this
Constitution shall be construed as affecting the power of a
court of law or any tribunal established by law to declare
invalid any provision of an existing law on the ground of
inconsistency with the provision of any other law, that is to
say-
(a)
any other
existing law;
(b)
a Law of a
House of Assembly;
(c)
an Act of the
National Assembly; or
(d)
any provision
of this Constitution.
(4)
In this section,
the following expressions have the meanings assigned to them,
respectively -
(a)
"appropriate
authority" means -
(i)
the
President, in relation to the provisions of any law of the
Federation,
(ii)
the Governor
of a State, in relation to the provisions of any existing
law deemed to be a Law made by the House of Assembly of
that State, or
(iii)
any person
appointed by any law to revise or rewrite the laws of the
Federation or of a State;
(b)
"existing law"
means any law and includes any rule of law or any enactment
or instrument whatsoever which is in force immediately
before the date when this section comes into force or which
having been passed or made before that date comes into force
after that date; and
(c)
"modification"
includes addition, alteration, omission or repeal.
(5)
Nothing in this
Constitution shall invalidate the following enactments, that is
to say -
(a)
the National
Youth Service Corps Decree 1993;
(b)
the Public
Complaints Commission Act;
(c)
the National
Security Agencies Act;
(d)
the Land Use
Act,
and the provisions of those enactments
shall continue to apply and have full effect in accordance
with their tenor and to the like extent as any other
provisions forming part of this Constitution and shall not
be altered or repealed except in accordance with the
provisions of section 9 (2) of this Constitution.
(6)
Without prejudice
to subsection (5) of this section, the enactments mentioned in
the said subsection shall hereafter continue to have effect as
Federal enactments and as if they related to matters included in
the Exclusive Legislative List set out in Part I of the Second
Schedule to this Constitution.
316.
(1)
Any office, court of law or authority which immediately before the
date when this section comes into force was established and
charged with any function by virtue of any other Constitution or
law shall be deemed to have been duly established and shall
continue to be charged with such function until other provisions
are made, as if the office, court of law or authority was
established and charged with the function by virtue of this
Constitution or in accordance with the provisions of a law made
thereunder.
(2)
Any person who
immediately before the date when this section comes into force
holds office by virtue of any other Constitution or law in force
immediately before the date when this section comes into force
shall be deemed to be duly appointed to that office by virtue of
this Constitution or by any authority by whom appointments to
that office fall to be made in pursuance of this Constitution.
(3)
Notwithstanding the
provisions of subsection (2) of this section, any person holding
such office, a member of a court of law or authority, who would
have been required to vacate such office, or where his
membership of such court of law or authority would have ceased
but for the provisions of the said subsection (2) of this
section, shall at the expiration of the period prescribed
therefor after the date when this section comes into force
vacate such office or, as the case may be, his membership of
such court of law or authority shall cease, accordingly.
(4)
The foregoing
provisions of this section are without prejudice to the exercise
of such powers as may be conferred by virtue of this
Constitution or a law upon any authority or person to make
provisions with respect to such matters as may be prescribed or
authorised by this Constitution or such law, including the
establishment and abolition of offices, courts of law or
authorities, and with respect to the appointment of persons to
hold offices or to be members of courts of law or authorities
and their removal from such offices, courts of law or
authorities.
317.
(1)
Without prejudice to the generality of section 315 of this
constitution, any property, right, privilege, liability or
obligation which immediately before the date when this section
comes into force was vested in, exercisable or enforceable by or
against-
(a)
the former
authority of the Federation as representative or trustee for
the benefit of the Federation;
(b)
any former
authority of a state as representative or trustee for the
benefit of the state, shall on the date when this section
comes into force and without further assurance than the
provisions thereof vest in, or become exercisable of
enforceable by or against the President and Government of
the Federation, and the Governor and Government of the
state, as the case may be
(2)
For the purposes of
this section -
(a)
the President
and Government of the Federation, and the Governor and
Government of a state, shall be deemed, respectively, to be
successors to the said former authority of the Federation
and former authority of the state in question; and
(b)
references in this section to
"former authority of the Federation" and "former authority
of a state" include references to the former Government of
the Federation and the former government of a state, a local
government authority or any person who exercised any
authority on its behalf.
Part IV
Interpretation, Citation and commencement
318. (1) In this
constitution, unless it is otherwise expressly provided or the
context otherwise requires-
"Act" or "Act of the National Assembly" means
any law made by the National Assembly and includes any law which
takes effect under the provisions of this constitution as an Act
of the National Assembly;
"appointment" or its cognate expression
includes appointment on promotion and transfer or confirmation
of appointment;
"area council" means each of the
administrative areas within the Federal Capital Territory,
Abuja;
"authority" includes government;
"belong to" or its grammatical expression
when used with reference to a person in a state refers to a
person either or whose parents or any of whose grand parents was
a member of a community indigenous to that state;
"civil service of the Federation" means
service of the Federation in a civil capacity as staff of the
office of the President, the Vice-President, a ministry or
department of the government of the Federation assigned with the
responsibility for any business of the Government of the
Federation;
"civil service of the state" means service of
the government of a state in a civil capacity as staff of the
office of the governor, deputy governor or a ministry or
department of the government of the state assigned with the
responsibility for any business of the government of the state;
"Cod of Conduct" refers to the Code of
Conduct contained in the fifth schedule to this constitution;
"Commissioner" means a Commissioner of the
Government of a State;
"Concurrent Legislative List" means the list
of matters set out in the first column in Part 11 of the second
schedule to this constitution with respect to which the National
Assembly and a House of Assembly may make laws to the extent
prescribed, respectively, opposite thereto in the second column
thereof;
"decision" means, in relation to a court, any
determination of that court and includes judgement decree,
order, conviction, sentence or recommendation;
"enactment" means provision of any law or a
subsidiary instrument;
"Exclusive Legislative List" means the list
in Part 1 of the second schedule to this constitution;
"existing law" has the meaning assigned to it
in section 315 of this constitution;
"federal character of Nigeria" refers to the
distinctive desire of the peoples of Nigeria to promote national
unity, foster national loyalty and give every citizen of Nigeria
a sense of belonging to the nation as expressed in section 14
(3) and (4) of this constitution;
"Federation" means the Federal Republic of
Nigeria;
"financial year" means any period of twelve
months beginning on the first day of January in any year or such
other date as the National Assembly may prescribe;
"function" includes power and duty;
"government" includes the Government of the
Federation, or of any state, or of a local government council or
any person who exercises power of authority on its behalf;
"Governor" or "Deputy Governor" means the
governor of a state or a deputy governor of a state;
"House of Assembly" means the House of
Assembly of a state;
"Financial year" means any period of twelve
months beginning on the first day of January in any year or such
other date as the National Assembly may prescribe;
"function" includes power and duty;
"government" includes the Government of the
Federation, or any State, or of a local government council or
any person who exercises power or authority on its behalf;
"Governor" or Deputy Governor" means the
Governor of a State or a Deputy Governor of a State;
"House of Assembly" means the House of
Assembly of a State;
"Judicial office" means the office of Chief
Justice of Nigeria or a Justice of the Supreme Court, the
President or Justice of the Court of Appeal, the office of the
Chief Judge or a Judge of the Federal High Court, the office of
the Chief Judge or Judge of the High Court of the Federal
Capital Territory, Abuja, the office of the Chief Judge of a
State and Judge of the High Court of a State, a Grand Kadi or
Kadi of the Sharia Court of Appeal of the Federal Capital
Territory, Abuja, a President or Judge of the Customary Court of
Appeal; of the Federal Capital Territory, Abuja, a Grand Kadi or
Kadi of the Sharia Court of Appeal of a State; and a reference
to a "judicial officer" is a reference to the holder of any such
office;
"law" means a law enacted by the House of
Assembly of a State;
"Legislative house" means the Senate, House
of Representatives or a House of Assembly.
"Local government area" or "local government
council" includes an area council;
"public service of a State’ means the service
of the State in any capacity in respect of the Government of the
State and includes service as:
(a)
Clerk or other
staff of the House of Assembly;
(b)
member of staff
of the High Court, the Sharia court of Appeal, the Customary
Court of Appeal; or other courts established for a State by
this Constitution or by a Law of a House of Assembly;
(c)
member or staff
of any commission or authority established for the State by
this Constitution or by a Law of a House of Assembly;
(d)
staff of any
local government council;
(e)
staff of any
statutory corporation established by a Law of a House of
Assembly;
(f)
staff of any
educational institution established or financed principally
by a government of a State; and
(g)
staff of any
company or enterprise in which the government of a State or
its agency holds controlling shares or interest;
"School Certificate or its equivalent" means
(a)
a Secondary
School Certificate or its equivalent, or Grade II Teacher’s
Certificate, the City and Guilds Certificate; or
(b)
education up to
Secondary School Certificate level; or
(c)
Primary Six
School Leaving Certificate or its equivalent and -
(i)
service in
the public or private sector in the Federation in any
capacity acceptable to the Independent National Electoral
Commission for a minimum of ten years, and
(ii)
attendance
at courses and training in such institutions as may be
acceptable to the Independent National Electoral
Commission for periods totalling up to a minimum of one
year, and
(iii)
the ability
to read, write, understand and communicate in the English
language to the satisfaction of the Independent National
Electoral Commission, and
(d)
any other
qualification acceptable by the Independent National
Electoral Commission;
"Secret society" includes any society,
association, group or body of persons (whether registered or
not)
(a)
that uses
secret signs, oaths, rites or symbols and which is formed to
promote a cause, the purpose or part of the purpose of which
is to foster the interest of its members and to aid one
another under any circumstances without due regard to merit,
fair play or justice to the detriment of the legitimate
interest of those who are not members;
(b)
the membership
of which is incompatible with the function or dignity of any
public office under this Constitution and whose members are
sworn to observe oaths of secrecy; or
(c)
the activities
of which are not known to the public at large, the names of
whose members are kept secret and whose meetings and other
activities are held in secret;
"State" when used otherwise than in relation
to one of the component parts of the Federation, includes
government.
(2)
Wherever it is
provided that any authority or person has power to make,
recommend or approve an appointment to an office, such power
shall be construed as including the power to make, recommend or
approve a person for such appointment, whether on promotion or
otherwise, or to act in any such office.
(3)
In this
Constitution, references to a person holding an office shall
include reference to a person acting in such office.
(4)
The Interpretation
Act shall apply for the purpose of interpreting the provision of
this Constitution.
319. This Constitution may be cited as the
Constitution of the Federal Republic of Nigeria 1999.
320. The provision of this Constitution shall come into force on
29th day of May 1999.
