Akoko-Edo, Egor, Esan Central, Esan North
East, Esan South East, Esan West, Etsako Central, Etsako East,
Etsako West, Igueben, Ikpoba-Okha, Oredo, Orhionmwon, Ovia
North East, Ovia South West, Owan East, Owan West, Uhunmwonde.
Akoko North East, Akoko North West,. Akoko
South Akure East, Akoko South West, Akure North, Akure South,
Ese-Odo, Idanre, Ifedore, Ilaje, Ile-Oluji-Okeigbo, Irele,
Odigbo, Okitipupa, Ondo East, Ondo West, Ose, Owo.
The definition of the boundaries of the Federal Capital
Territory, Abuja referred to under Chapters 1 and VIII of this
Constitution is as follows:
Starting from the village called Izom on 7oE Longitude and
9o 15 Latitude, project a straight line westward to a point
just north of Lehu on the Kemi River, then project a line
along 6 o 47 ˝ ‘ E southward passing close to the villages
called Semasu, Zui and Bassa down to a place a little west
of Abaji town; thence project a line along parallel 8o 27 ˝
‘N Latitude to Ahinza village 7o 6" on Kanama River); thence
a straight line to Buga Village on 8o 30 ‘N Latitude and 7"
20’E Longitude; thence draw a line northwards joining the
villages of Odu, Karshi and Karu. From Karu the line shall
proceed along the boundary between the Niger and Plateau
States as far as Kawu; thence the line shall proceed along
the boundary between Kaduna and Niger States up to a point
just north of Bwari village, hence the line goes straight to
Zuba village and thence straight to Izom.
1. Accounts of the Government of the Federation, and of
offices, courts, and authorities thereof, including audit of
those accounts.
2. Arms, ammunition and explosives.
3. Aviation, including airports, safety of
aircraft and carriage of passengers and goods by air.
4. Awards of national titles of honour,
decorations and other dignities.
5. Bankruptcy and insolvency
6. Banks, banking, bills of exchange and
promissory notes.
7. Borrowing of moneys within or outside
Nigeria for the purposes of the Federation or of any State.
8. Census, including the establishment and
maintenance of machinery for continuous and universal
registration of births and deaths throughout Nigeria.
9. Citizenship, naturalisation and aliens.
10. Commercial and industrial monopolies,
combines and trusts.
11. Construction, alteration and
maintenance of such roads as may be declared by the National
Assembly to be Federal trunk roads.
12. Control of capital issues.
13. Copyright
14. Creation of States
15. Currency, coinage and legal tender
16. Customs and excise duties
17. Defence
18. Deportation of persons who are not
citizens of Nigeria
19. Designation of securities in which
trust funds may be invested.
20. Diplomatic, consular and trade
representation.
21. Drugs and poisons.
22. Election to the offices of President
and Vice-President or Governor and Deputy Governor and any
other office to which a person may be elected under this
Constitution, excluding election to a local government council
or any office in such council.
23. Evidence
24. Exchange control
25. Export duties
26. External affairs
27. Extradition
28. Fingerprints identification and
criminal records.
29. Fishing and fisheries other than
fishing and fisheries in rivers, lakes, waterways, ponds and
other inland waters within Nigeria.
30. Immigration into and emigration from
Nigeria
31. Implementation of treaties relating to
matters on this list
32. Incorporation, regulation and winding
up of bodies corporate, other than co-operative societies,
local government councils and bodies corporate established
directly by any Law enacted by a House of Assembly of a State.
33. Insurance.
34. Labour, including trade unions,
industrial relations; conditions, safety and welfare of labour;
industrial disputes; prescribing a national minimum wage for
the Federation or any part thereof; and industrial
arbitration.
35. Legal proceedings between Governments
of States or between the Government of the Federation and
Government of any State or any other authority or person.
36. Maritime shipping and navigation,
including -
(a)
shipping and
navigation on tidal waters;
(b)
shipping and
navigation on the River Niger and its affluents and on any
such other inland waterway as may be designated by the
National Assembly to be an international waterway or to be
an inter-State waterway;
(c)
lighthouses,
lightships, beacons and other provisions for the safety of
shipping and navigation;
(d)
such ports as
may be declared by the National Assembly to be Federal ports
(including the constitution and powers of port authorities
for Federal ports).
37. Meteorology
38. Military (Army, Navy and Air Force)
including any other branch of the armed forces of the
Federation.
39. Mines and minerals, including oil
fields, oil mining, geological surveys and natural gas.
40. National parks being such areas in a
State as may, with the consent of the Government of that
State, be designated by the National Assembly as national
parks.
41. Nuclear energy
42. Passports and visas
43. Patents, trade marks, trade or business
names, industrial designs and merchandise marks.
44. Pensions, gratuities and other-like
benefit payable out of the Consolidated Revenue Fund or any
other public funds of the Federation.
45. Police and other government security
services established by law.
46. Posts, telegraphs and telephones
47. Powers of the National Assembly, and
the privileges and immunities of its members
48. Prisons
49. Professional occupations as may be
designated by the National Assembly.
50. Public debt of the Federation
51. Public holidays.
52. Public relations of the Federation
53. Public service of the Federation
including the settlement of disputes between the Federation
and officers of such service.
54. Quarantine
55. Railways
56. Regulations of political parties
57. Service and execution in a State of the
civil and criminal processes, judgements, decrees, orders and
other decisions of any court of law outside Nigeria or any
court of law in Nigeria other than a court of law established
by the House of Assembly of that State.
58. Stamp duties
59. Taxation of incomes, profits and
capital gains, except as otherwise prescribed by this
Constitution.
60. The establishment and regulation of
authorities for the Federation or any part thereof -
(a)
To promote and
enforce the observance of the Fundamental Objectives and
Directive Principles contained in this Constitution;
(b)
To identify,
collect, preserve or generally look after ancient and
historical monuments and records and archaeological sites
and remains declared by the National Assembly to be of
national significance or national importance;
(c)
to administer
museums and libraries other than museums and libraries
established by the Government of a state;
(d)
To regulate
tourist traffic; and
(e)
To prescribe
minimum standards of education at all levels.
61. The formation, annulment and
dissolution of marriages other than marriages under Islamic
law and Customary law including matrimonial causes relating
thereto.
62. Trade and commerce, and in particular -
(a)
trade and
commerce between Nigeria and other countries including
import of commodities into and export of commodities from
Nigeria, and trade and commerce between the states;
(b)
establishment
of a purchasing authority with power to acquire for export
or sale in world markets such agricultural produce as may be
designated by the National Assembly;
(c)
inspection of
produce to be exported from Nigeria and the enforcement of
grades and standards of quality in respect of produce so
inspected;
(d)
establishment
of a body to prescribe and enforce standards of goods and
commodities offered for sale;
(e)
control of the
prices of goods and commodities designated by the National
Assembly as essential goods or commodities; and
(f)
registration of
business names.
63. Traffic on Federal trunk roads.
64. Water from such sources as may be
declared by the National Assembly to be sources affecting more
than one state
65. Weights and measures.
66. Wireless, broadcasting and television
other than broadcasting and television provided by the
Government of a state; allocation of wave-lengths for
wireless, broadcasting and television transmission.
67. Any other matter with respect to which
the National Assembly has power to make laws in accordance
with the provisions of this Constitution.
68. Any matter incidental or supplementary to any matter
mentioned elsewhere in this list.
Part II
Concurrent Legislative List
Extent of Federal and State Legislative powers
1. Subject to the provisions of this Constitution, the
National Assembly may by an Act make provisions for -
(a)
the division of
public revenue -
(i)
between the
Federation and the States;
(ii)
among the
States of the Federation;
(iii)
between
the States and local government councils;
(iv)
among the
local government councils in the States; and
(b)
grants or loans
from and the imposition of charges upon the Consolidated
Revenue Fund or any other public funds of the Federation or
for the imposition of charges upon the revenue and assets of
the Federation for any purpose notwithstanding that it
relates to a matter with respect to which the National
Assembly is not empowered to make laws.
2. Subject to the provisions of this
Constitution, any House of Assembly may make provisions for
grants or loans from and the imposition of charges upon any of
the public funds of that State or the imposition of charges
upon the revenue and assets of that State for any purpose
notwithstanding that it relates to a matter with respect to
which the National Assembly is empowered to make laws.
3. The National Assembly may make laws for
the Federation or any part thereof with respect to such
antiquities and monuments as may, with the consent of the
State in which such antiquities and monuments are located, be
designated by the National Assembly as National Antiquities or
National Monuments but nothing in this paragraph shall
preclude a House of Assembly from making Laws for the State or
any part thereof with respect to antiquities and monuments not
so designated in accordance with the foregoing provisions.
4. The National Assembly may make laws for
the Federation or any part thereof with respect to the
archives and public records of the Federation.
5. A House of Assembly may, subject to
paragraph 4 hereof, make laws for that State or any part
thereof with respect to archives and public records of the
Government of the State.
6. Nothing in paragraphs 4 and 5 hereof
shall be construed as enabling any laws to be made which do
not preserve the archives and records which are in existence
at the date of commencement of this Constitution, and which
are kept by authorities empowered to do so in any part of the
Federation.
7. In the exercise of its powers to impose
any tax or duty on -
(a)
capital gains,
incomes or profits or persons other than companies; and
(b)
documents or
transactions by way of stamp duties.
the National Assembly may, subject to such
conditions as it may prescribe, provide that the collection of
any such tax or duty or the administration of the law imposing
it shall be carried out by the Government of a State or other
authority of a State.
8. Where an Act of the National Assembly
provides for the collection of tax or duty on capital gains,
incomes or profit or the administration of any law by an
authority of a State in accordance with paragraph 7 hereof, it
shall regulate the liability of persons to such tax or duty in
such manner as to ensure that such tax or duty is not levied
on the same person by more than one State.
9. A House of Assembly may, subject to such
conditions as it may prescribe, make provisions for the
collection of any tax, fee or rate or for the administration
of the Law providing for such collection by a local government
council.
10. Where a Law of a House of Assembly
provides for the collection of tax, fee or rate or for the
administration of such Law by a local government council in
accordance with the provisions hereof it shall regulate the
liability of persons to the tax, fee or rate in such manner as
to ensure that such tax, fee or rate is not levied on the same
person in respect of the same liability by more than one local
government council.
11. The National Assembly may make laws for
the Federation with respect to the registration of voters and
the procedure regulating elections to a local government
council.
12. Nothing in paragraph 11 hereof shall
preclude a House of Assembly from making laws with respect to
election to a local government council in addition to but not
inconsistent with any law made by the National Assembly.
13. The National Assembly may make laws for
the Federation or any part thereof with respect to-
(a)
electricity and
the establishment of electric power stations;
(b)
the generation
and transmission of electricity in or to any part of the
Federation and from one State to another State;
(c)
the regulation
of the right of any person or authority to dam up or
otherwise interfere with the flow of water from sources in
any part of the Federation;
(d)
the
participation of the Federation in any arrangement with
another country for the generation, transmission and
distribution of electricity for any area partly within and
partly outside the Federation;
(f)
the regulation
of the right of any person or authority to use, work or
operate any plant, apparatus, equipment or work designed for
the supply or use of electrical energy.
14. A House of Assembly may make laws for
the State with respect to -
(a)
electricity and
the establishment in that State of electric power stations;
(b)
the generation,
transmission and distribution of electricity to areas not
covered by a national grid system within that State; and
(c)
the
establishment within that State of any authority for the
promotion and management of electric power stations
established by the State.
15. In the foregoing provisions of this
item, unless the context otherwise requires, the following
expressions have the meanings respectively assigned to them -
"distribution" means the supply of
electricity from a sub-station to the ultimate consumer;
"management" includes maintenance, repairs
or replacement;
"power station" means an assembly of plant
or equipment for the creation or generation of electrical
energy; and
"transmission" means the supply of
electricity from a power station to a sub-station or from one
sub-station to another sub-station, and the reference to a
"sub-station" herein is a reference to an
assembly of plant, machinery or equipment for distribution of
electricity.
16. The National Assembly may make laws for
the establishment of an authority with power to carry out
censorship of cinematograph films and to prohibit or restrict
the exhibition of such films; and nothing herein shall -
(a)
preclude a
House of Assembly from making provision for a similar
authority for that State; or
(b)
authorise the
exhibition of a cinematograph film in a State without the
sanction of the authority established by the Law of that
State for the censorship of such films.
17. The National Assembly may make laws for
the Federation or any part thereof with respect to -
(a)
the health,
safety and welfare of persons employed to work in factories,
offices or other premises or in inter-State transportation
and commerce including the training, supervision and
qualification of such persons;
(b)
the regulation
of ownership and control of business enterprises throughout
the Federation for the purpose of promoting, encouraging or
facilitating such ownership and control by citizens of
Nigeria;
(c)
the
establishment of research centres for agricultural studies;
and
(d)
the
establishment of institutions and bodies for the promotion
or financing of industrial, commercial or agricultural
projects.
18. Subject to the provisions of this
Constitution, a House of Assembly may make Laws for that State
with respect to industrial, commercial or agricultural
development of the State.
19. Nothing in the foregoing paragraphs of
this item shall be construed as precluding a House of Assembly
from making Laws with respect to any of the matters referred
to in the foregoing paragraphs.
20. For the purposes of the foregoing
paragraphs of this item, the word
"agricultural" includes fishery.
21. The National Assembly may make laws to
regulate or co-ordinate scientific and technological research
throughout the Federation.
22. Nothing herein shall prelude a House of
Assembly from establishing or making provisions for an
institution or other arrangement for the purpose of scientific
and technological research.
23. The National Assembly may make laws for
the Federation or any part thereof with respect to statistics
so far as the subject matter relates to -
(a)
any matter upon
which the National Assembly has power to make laws; and
(b)
the
organisation of co-ordinated scheme of statistics for the
Federation or any part thereof on any matter whether or not
it has power to make laws with respect thereto.
24. A House of Assembly may make Laws for
the State with respect to statistics and on any matter other
than that referred to in paragraph 23
(a)
of this item.
25. The National Assembly may make laws for
the Federation or any part thereof with respect to
trigonometrical, cadastral and topographical surveys.
26. A House of Assembly may, subject to
paragraph 25 hereof, make laws for that State or any part
thereof with respect to trigonometrical, cadastral and
topographical surveys.
27. The National Assembly shall have power
to make laws for the Federation or any part thereof with
respect to university education, technological education or
such professional education as may from time to time be
designated by the National Assembly.
28. The power conferred on the National
Assembly under paragraph 27 of this item shall include power
to establish an institution for the purposes of university,
post-primary, technological or professional education.
29. Subject as herein provided, a House of
Assembly shall have power to make laws for the state with
respect to the establishment of an institution for purposes of
university, technological or professional education.
30. Nothing in the foregoing paragraphs of this item shall be
construed so as to limit the powers of a House of Assembly to
make laws for the State with respect to technical, vocational,
post-primary, primary or other forms of education, including
the establishment of institutions for the pursuit of such
education.
Part III
Supplemental and Interpretation
1. Where by this Schedule the National Assembly is required to
designate any matter or thing or to make any declaration, it
may do so either by an Act of the National Assembly or by a
resolution passed by both Houses of the National Assembly.
2. In this Schedule, references to
incidental and supplementary matters include, without
prejudice to their generality, references to:
(a)
offences;
(b)
the
jurisdiction, powers, practice and procedure of courts of
law; and
1. The Code of Conduct Bureau shall comprise the following
members:
(a)
a Chairman; and
(b)
nine other members, each of whom, at the time of
appointment, shall not be less than fifty years of age
and subject to the provisions of section 157 of this
Constitution shall vacate his office on attaining the
age of seventy years.
2. The Bureau shall establish such offices
in each state of the Federation as it may require for the
discharge of its functions under this Constitution.
3. The Bureau shall have power to:
(a)
receive
declarations by public officers made under paragraph 12 of
Part I of the Fifth Schedule to this Constitution;
(b)
examine the
declarations in accordance with the requirements of the Code
of Conduct or any law;
(c)
retain custody
of such declarations and make them available for inspection
by any citizen of Nigeria on such terms and conditions as
the National Assembly may prescribe;
(d)
ensure
compliance with and, where appropriate, enforce the
provisions of the Code of Conduct of any law relating
thereto;
(e)
receive
complaints about non-compliance with or breach of the
provisions of the Code of Conduct or any law in relation
thereto, investigate the complaint and, where appropriate,
refer such matters to the Code of Conduct Tribunal;
(f)
appoint,
promote, dismiss and exercise disciplinary control over the
staff of the Codes of Conduct Bureau in accordance with the
provisions of an Act of the National Assembly enacted in
that behalf; and
(g)
carry out such
other functions as may be conferred upon it by the National
Assembly.
The terms and conditions of service of the staff of the Code of
Conduct Bureau shall be the same as those provided for public
officers in the civil service of the Federation.
B - Council of State
5. The Council of State shall comprise the following persons:
(a)
the President, who shall be the Chairman;
(b)
the Vice-President, who shall be the Deputy Chairman;
(c)
all former Presidents of the Federation and all former
Heads of the Government of the Federation;
(d)
all former Chief Justices of Nigeria;
(e)
the President of the Senate;
(f)
the Speaker of the House of Representatives;
(g)
all the Governors of the states of the Federation; and
(h)
the Attorney-General of the Federation.
(6.) The Council shall have power to:
(a)
advise the President in the exercise of his powers with
respect to the:-
(i)
national population census and compilation,
publication and keeping of records and other
information concerning the same;
(ii)
prerogative of mercy;
(iii)
award of national honours;
(iv)
the Independent National Electoral Commission
(including the appointment of members of that
Commission);
(v)
the National Judicial Council (including the
appointment of the members, other than ex-officio
members of that Council); and
(vi)
the National Population Commission (including the
appointment of members of that Commission); and
(b)
advise the President whenever
requested to do so on the maintenance of public order
within the Federation or any part thereof and on such
other matters as the President may direct.
C - Federal Character Commission
7. (1)
The Federal Character Commission shall comprise the following
members:
(a)
a Chairman;
and
(b)
one person
to represent each of the states of the Federation and
the Federal Capital Territory, Abuja.
(2)
The Chairman
and members shall be appointed by the President, subject to
confirmation by the Senate.
8.
(1) In giving effect to the provisions
of section 14(3) and (4) of this Constitution, the Commission
shall have the power to:
(a)
work out an equitable formula subject to the approval of
the National Assembly for the distribution of all cadres
of posts in the public service of the Federation and of
the States, the armed forces of the Federation, the
Nigeria Police Force and other government security
agencies, government owned companies and parastatals of
the states;
(b)
promote, monitor and enforce compliance with the
principles of proportional sharing of all bureaucratic,
economic, media and political posts at all levels of
government;
(c)
take such legal measures, including the prosecution of
the head or staff of any Ministry or government body or
agency which fails to comply with any federal character
principle or formula prescribed or adopted by the
Commission; and
(d)
carry out such other functions as may be conferred upon
it by an Act of the National Assembly.
(2)
The posts
mentioned in sub-paragraph (1)(a) and (b) of this paragraph
shall include those of the Permanent Secretaries,
Directors-General in Extra-Ministerial Departments and
parastatals, Directors in Ministries and Extra-Ministerial
Departments, senior military officers, senior diplomatic
posts and managerial cadres in the Federal and State
parastatals, bodies, agencies and institutions.
(3)
Notwithstanding
any provision in any other law or enactment, the Commission
shall ensure that every public company or corporation
reflects the federal character in the appointments of its
directors and senior management staff.
9. It shall be the duty of the Board of Directors of every
state-owned enterprise to recognise and promote the principle
of federal character in the ownership and management structure
of the company.
D - Federal Civil Service Commission
10. The Federal Civil Service Commission shall comprise the
following members -
(a)
a Chairman;
and
(b)
not more
than fifteen other members, who shall, in the opinion of
the President, be persons of unquestionable integrity
and sound political judgment.
11.
(1) The Commission shall without
prejudice to the powers vested in the President, the National
Judicial Council, the Federal Judicial Service Commission, the
National Population Commission and the Police Service
Commission, have power -
(a)
to appoint
persons to offices in the Federal Civil Service; and
(b)
to dismiss
and exercise disciplinary control over persons holding
such offices.
(2)
The Commission shall not exercise
any of its powers under sub-paragraph (1) of this paragraph
in respect of such offices of heads of divisions of
Ministries or of departments of the government of the
Federation as may, from time to time, be designated by an
order made by the President except after consultation with
the Head of the Civil Service of the Federation.
E - Federal Judicial Service Commission
12. The Federal Judicial Service Commission shall comprise the
following members -
(a)
the Chief Justice of Nigeria, who shall be the Chairman;
(b)
the President of the Court of Appeal;
(c)
the Attorney-General of the Federation;
(d)
the Chief Judge of the Federal High Court;
(e)
two persons, each of whom has been qualified to practice
as a legal practitioner in Nigeria for a period of not
less than fifteen years, from a list of not less than
four persons so qualified and recommended by the
Nigerian Bar Association; and
(f)
two other persons, not being legal practitioners, who in
the opinion of the President are of unquestionable
integrity.
13. The Commission shall have power to -
(a)
advise the
National Judicial Council in nominating persons for
appointment, as respects appointments to the office of -
(i)
the Chief Justice of Nigeria;
(ii)
a Justice of the Supreme Court;
(iii)
the President of the Court of Appeal;
(iv)
a Justice of the Court of Appeal;
(v)
the Chief Judge of the Federal High Court;
(vi)
a Judge of the Federal High Court; and
(iv)
the Chairman and members of the Code of Conduct
Tribunal.
(b)
recommend to the
National Judicial Council, the removal from office of the
judicial officers specified in sub-paragraph (a) of this
paragraph; and
(c)
appoint, dismiss and exercise
disciplinary control over the Chief Registrars and Deputy
Chief Registrars of the Supreme Court, the Court of Appeal,
the Federal High Court and all other members of the staff of
the judicial service of the Federation not otherwise specified
in this Constitution and of the Federal Judicial Service
Commission.
F - Independent National Electoral Commission
14. (1)
The Independent National Electoral Commission shall comprise
the following members -
(a)
a Chairman,
who shall be the Chief Electoral Commissioner; and
(b)
twelve
other members to be known as National Electoral
Commissioners, who shall be persons of unquestionably
integrity and not less than fifty years and forty years
of age, respectively.
(2)
There shall be
for each State of the Federation and the Federal Capital
Territory, Abuja, a Resident Electoral Commissioner who
shall -
(a)
be
appointed by the President;
(b)
be persons
of unquestionable integrity;
(c)
not be less
than forty years of age.
15. The Commission shall have power to -
(a)
organise,
undertake and supervise all elections to the offices of
the President and Vice-President, the Governor and
Deputy Governor of a State, and to the membership of the
Senate, the House of Representatives and the House of
Assembly of each State of the Federation;
(b)
register
political parties in accordance with the provisions of
this Constitution and an Act of the National Assembly;
(c)
monitor the
organisation and operation of the political parties,
including their finances;
(d)
arrange for
the annual examination and auditing of the funds and
accounts of political parties, and publish a report on
such examination and audit for public information;
(e)
arrange and
conduct the registration of persons qualified to vote
and prepare, maintain and revise the register of voters
for the purpose of any election under this Constitution;
(f)
monitor
political campaigns and provide rules and regulations
which shall govern the political parties;
(g)
ensure that
all Electoral Commissioners, Electoral and Returning
Officers take and subscribe the Oath of Office
prescribed by law;
(h)
delegate
any of its powers to any Resident Electoral
Commissioner; and
(i)
carry out such other functions
as may be conferred upon it by an Act of the National
Assembly.
G - National Defence Council
16. The National Defence Council shall comprise the following
members -
(a)
the
President who shall be the Chairman;
(b)
the
Vice-President who shall be the Deputy Chairman;
(c)
the
Minister of the Government of the Federation responsible
for defence;
(d)
the Chief
of Defence Staff;
(e)
the Chief
of Army Staff;
(f)
the Chief
of Naval Staff;
(g)
the Chief
of Air Staff; and
(h)
such other
members as the President may appoint.
17. The Council shall have power to advise the President on
matters relating to the defence of the sovereignty and
territorial integrity of Nigeria.
H - National Economic Council
18. The National Economic Council shall comprise the following
members -
(a)
the
Vice-President who shall be the Chairman;
(b)
the
Governor of each State of the Federation; and
(c)
the
Governor of the Central Bank of Nigeria established
under the Central Bank of Nigeria Decree 1991 or any
enactment replacing that Decree.
19. The National Economic Council shall have power to advise
the President concerning the economic affairs of the
Federation, and in particular on measures necessary for the
co-ordination of the economic planning efforts or economic
programmes of the various Governments of the Federation.
I - National Judicial Council
20. The National Judicial Council shall comprise the following
members -
(a)
the Chief
Justice of Nigeria who shall be the Chairman
(b)
the next
most senior Justice of the Supreme Court who shall be
the Deputy Chairman;
(c)
the
President of the Court of Appeal;
(d)
five
retired Justices selected by the Chief Justice of
Nigeria from the Supreme Court or Court of Appeal;
(e)
the Chief
Judge of the Federal High Court;
(f)
five Chief
Judges of States to be appointed by the Chief Justice of
Nigeria from among the Chief Judges of the States and of
the High Court of the Federal Capital Territory, Abuja
in rotation to serve for two years;
(g)
one Grand
Kadi to be appointed by the Chief Justice of Nigeria
from among Grand Kadis of the Sharia Courts of Appeal to
serve in rotation for two years;
(h)
one
President of the Customary Court of Appeal to be
appointed by the Chief Justice of Nigeria from among the
Presidents of the Customary Courts of Appeal to serve in
rotation for two years;
(i)
five
members of the Nigerian Bar Association who have been
qualified to practice for a period of not less than
fifteen years, at least one of whom shall be a Senior
Advocate of Nigeria, appointed by the Chief Justice of
Nigeria on the recommendation of the National Executive
Committee of the Nigerian Bar Association to serve for
two years and subject to re-appointment.
Provided that the five members shall
sit in the Council only for the purposes of considering
the names of persons for appointment to the superior
courts of record; and
(j)
two persons
not being legal practitioners, who in the opinion of the
Chief Justice of Nigeria, are of unquestionable
integrity.
21. The National Judicial Council shall
have power to -
(a)
recommend
to the President from among the list of persons
submitted to it by -
(i)
the
Federal Judicial Service Commission, persons for
appointment to the offices of the Chief Justice of
Nigeria, the Justices of the Supreme Court, the
President and Justices of the Court of Appeal, the
Chief Judge and Judges of the Federal High Court, and
(ii)
the
Judicial Service Committee of the Federal Capital
Territory, Abuja, persons for appointment to the
offices of the Chief Judge and Judges of the High
Court of the Federal Capital Territory, Abuja, the
Grand Kadi and Kadis of the Sharia Court of Appeal of
the Federal Capital Territory, Abuja and the President
and Judges of the Customary Court of Appeal of the
Federal Capital Territory, Abuja;
(b)
recommend
to the President the removal from office of the judicial
officers specified in sub-paragraph (a) of this
paragraph and to exercise disciplinary control over such
officers;
(c)
recommend
to the Governors from among the list of persons
submitted to it by the State Judicial Service
Commissions persons for appointments to the offices of
the Chief Judges of the States and Judges of the High
Courts of the States, the Grand Kadis and Kadis of the
Sharia Courts of Appeal of the States and the Presidents
and Judges of the Customary Courts of Appeal of the
States;
(d)
recommend
to the Governors the removal from the office of the
judicial officers in sub-paragraph (c) of this
paragraph, and to exercise disciplinary control over
such officers.
(e)
collect,
control and disburse all moneys, capital and recurrent,
for the judiciary;
(f)
advise the
President and Governors or any matter pertaining to the
judiciary as may be referred to the Council by the
President or the Governors;
(g)
appoint,
dismiss and exercise disciplinary control over members
and staff of the Council;
(h)
control and
disburse all monies, capital and recurrent; for the
services of the Council; and
(i)
deal with
all other matters relating to broad issues of policy and
administration.
22. The Secretary of the Council shall be appointed by the
National Judicial Council on the recommendation of the Federal
Judicial Service Commission and shall be a legal practitioner.
