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THE GRUNDNORM IN NIGERIAN LAW

Updated 18 March 2012

Obviously, Kelsen’s basic norm, which he termed “constitution in the transcendental-logical sense” is a mere fiction. Can we, therefore, end the quest for the basic norm with Kelsen’s “constitution” in the positive-legal sense”? Whether it be called the Grundnorm, basic norm, apex norm, or ultimate norm, what we are here interested in is to ascertain the “supreme law of the land” [1] which is real, and neither meta-legal [2] nor metaphysical.

We shall briefly highlight the historical development in this regard in the Nigerian legal system during the periods of Nigerian democracy (civilian administration) and military dictatorship since Independence on 1 October 1960.

Grundnorm During Democracy

Obviously, the Constitution of the Federal Republic of Nigeria is the Grundnorm under any civilian administration. It is the ultimate principle according to which all other legal norms in the State are established, receive or lose their validity. This claim is beyond controversy as it is fortified by section 1 of each of our Constitutions since Independence: 1960, 1963, 1979, and 1999. In addition, the ill-fated Constitution of the Federal Republic of Nigeria 1989 [3] (which was to have come into effect on 1 October 1992 [4]) declared its supremacy in section 1 thereof. Section 1 of the 1999 Constitution provides thus:

1. (1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.

(2) The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.

The correct status of the Constitution as the Grundnorm was succinctly declared by Justice Karibi-Whyte in Musa v Hamza (1982) 2 NCLR 229 at 250 (Court of Appeal) thus:

“It is a document containing the fons et origo (i.e. the source and origin) of the laws and rights of its people. It is in a sense what in Kelsenian terminology may be regarded as the Grundnorm of the State. The Constitution is therefore aptly described as the supreme law of the land. This is because it is a law, which does not depend upon any other for its validity.”

He reiterated this same point at the Supreme Court in Adigun v Attorney-General of Oyo State (1987) 4 SC 272 at 344, and Labiyi v Anre-tiola (1992) 8 NWLR (Part 258) 139.

On Friday, 21 January 2000, Uwaifo JSC delivering the leading judgment of the Supreme Court in Okulate v Awosanya (2000) 1 SC 107, upheld the supremacy of the 1979 Constitution. He adopted the position of Coker JSC in Savannah Bank of Nigeria Ltd v Pan Atlantic Shipping & Transport Agencies Ltd (1987) 1 NWLR (Part 49) 212:

“The question is now this: Whether section 8(1) of the Federal High Court Act [1973] still retains the potency of a Decree which until the 1979 Constitution has superior force than the then Constitution? Is it a valid existing provision of the Act as defined in section 274(2)(a) having regard to the unlimited jurisdiction conferred on State High Courts by section 236 of the Constitution? Put differently, can an Act of the National Assembly overrule a specific provision of the Constitution? Section 1(3) of the Constitution says in such a case the Constitution shall prevail over the inconsistent provision of the Act or law.”

Historically, therefore, the various Constitutions of Nigeria from Independence were supreme during the periods specified:

1. Constitution of the Federation of Nigeria 1960: 1 October 1960 – 30 September 1963; [5]

2. Constitution of the Federation of Nigeria 1963: 1 October 1963 [6] – 16 January 1966; [7]

3. Constitution of the Federal Republic of Nigeria 1979: 1 October 1979 [8] – 30 December 1983; [9]

4. Constitution of the Federal Republic of Nigeria 1999: 29 May 1999 – present day.

Grundnorm Under Military Dictatorship

What is the Grundnorm under military administration in Nigeria? Is it still the Constitution? Obviously, the Grundnorm in a military administration is different from that during a civilian rule. We shall now consider the effect (on supremacy of our Constitutions) of the Decrees with which the military authorities came into power and changed the existing legal order, usually christened “Constitution (Suspension and Modification) Decree.”

On Saturday, 15 January 1966, a coup d’etat resulted in a successful military take-over of the Federal Government of Nigeria. Consequently, the Constitution (Suspension and Modification) Decree No. 1 of 1966 was promulgated [10] to confer legitimacy on the new regime, and to suspend and modify several provisions of the 1963 Constitution. Section 1 of the said Decree provided thus:

1. (1) The provisions of the Constitution of the Federation [11] mentioned in Schedule 1 of this Decree are hereby suspended.

(2) Subject to this and any other Decree, the provisions of the Constitution of the Federation which are not suspended by subsection (1) above shall have effect subject to the modifications specified in Schedule 2 of this Decree.

By incorporating the specific modification by the said Decree [12] into section 1 (the supremacy provision) of the 1963 Constitution, the said section 1 was modified by adding a proviso as follows:

1. The Constitution shall have the force of law throughout Nigeria and if any other law (including the Constitution of a Region) is inconsistent with the Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency be void:

Provided that this Constitution shall not prevail over a Decree, and nothing in this Constitution shall render any provision of a Decree void to any extent whatsoever.

Consequently, the supremacy of the 1963 Constitution was impeached, nay, destroyed by Decree No. 1 of 1966, since it could not prevail over a Decree nor render any provision of a Decree void to any extent whatsoever.

But quite surprisingly, the Supreme Court took a different position in the celebrated case of Lakanmi v Attorney-General (West) (1970) 6 NSCC 143, the facts of which we now briefly rehearse. The property of the Appellants were confiscated pursuant to, inter alia, the Forfeiture of Assets etc. (Validation) Decree No. 45 of 1968. The Appellants contended that the decree was ultra vires the 1963 Constitution (then amended by Decree No. 1 of 1966). The argument of the Appellants for the invalidation of the said Decree was that the Military Government was not a revolutionary one, but that what happened in January 1966 was a “hand-over of government,” and therefore did not establish a new Grundnorm in the Kelsenian sense. The Supreme Court upheld the Appellants’ contention, and declared the 1963 Constitution the Grundnorm. The decision, with the greatest respect, appears to be invalid in the light of the said amendment of section 1(1) of the 1963 Constitution by Decree No. 1 of 1966.

Consistent with expectation, the decision in Lakanmi’s case was indeed a flagrant affront to the then Military Government. And just few days later, the Federal Military Government promulgated the Federal Military Government (Supremacy and Enforcement of Powers) Decree No. 28 of 1970 that annulled the said decision of the Supreme Court. The Decree proclaimed a very long preamble which formed a part of itself, providing that what happened on 15 January, and 29 July 1966 were military revolutions, “which effectively abrogated the whole pre-existing legal order,” thus making it abundantly clear that the Grundnorm in Nigeria during that period was the Constitution (Suspension and Modification) Decree No. 1 of 1966, and not the 1963 Constitution. Every military Government is a shame to society, as it is clearly unconstitutional.

Indeed, after a careful analysis of the Lakanmi’s case, one cannot but conclude that the Grundnorm in Nigeria during the period in question (17 January 1966 to 28 July 1975) was the Constitution (Suspension and Modification) Decree No. 1 of 1966 – a conclusion beyond controversy.

After the Constitution (Suspension and Modification) Decree No. 1 of 1966, the following Military Decrees constituted the Nigerian Grundnorm during various periods of military dictatorship:

1. 17 January 1966 – 28 July 1975: Constitution (Suspension and Modification) Decree No. 1 of 1966;

2. 29 July 1975 – 30 September 1979: Constitution (Basic Provisions) Decree No. 32 of 1975;

3. 31 December 1983 – 25 August 1993: Constitution (Suspension and Modification) Decree No. 1 of 1984:

4. 26 August 1993 – 16 November 1993: Interim Government (Basic Constitutional Provisions) Decree No. 61 of 1993;

5. 17 November 1993 – 28 May 1999: Constitution (Suspension and Modification) Decree No. 107 of 1993.

Conclusion

Since 29 May 1999, the Nigerian Constitution has come to stay as the supreme law in Nigeria. This is what is expected in every democracy. There is no place for military dictatorship in today’s world. Although the Nigerian democratic experiment is still in its infancy, grappling with its basic tenets and structures, nothing should destroy this precious, universally acceptable foundation of the Nigerian legal system.

.......................................

Notes

[1] The phrase, “supreme law of the land” is contained in the supremacy clause (2) of Article VI of the United States Constitution.

[2] Lloyd’s Introduction to Jurisprudence (1986), p. 365. According to Kelsen, the basic norm “is ‘meta-legal’ if by this term is understood that the basic norm is not a norm of positive law, that is, not a norm created by a real act of will of a legal organ.” (From Kelsen’s article, Professor Stone and the Pure Theory of Law (1965).)

[3] President Ibrahim Badamasi Babangida refused to cause that Constitution to some into force. This was due to his annulment of the celebrated June 12, 1993 Presidential Election.

[4] By virtue of section 3(2) of the Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1989, and section 331 of the 1989 Constitution promulgated therein.

[5] The date just before the commencement of the 1963 Nigerian Constitution (i.e. 1 October 1963).

[6] The date of commencement of the 1963 Nigerian Constitution by virtue of section 166(1) thereof.

[7] The date just before the commencement of Nigerian Decree No. 1 of 1966 (i.e. 17 January 1966).

[8] The date of commencement of the 1979 Nigerian Constitution by virtue of section 279(1) thereof.

[9] The date, just before the commencement of Nigerian Decree No. 1 of 1984 (i.e. 31 December 1983).

[10] The Decree was promulgated and signed into law on 4 March 1966 by Major-General J. T. U. Auguyi-Ironsi, then Head of the Federal Military Government, Supreme Commander of the Armed Forces, Federal Republic of Nigeria. It was deemed to have come into effect retrospectively on 17 January 1966 by virtue of section 17(2) thereof.

[11] Referring to the 1963 Nigerian Constitution. (See marginal note to section 1 thereof.)

[12] Modification contained in Schedule 2, under the heading “Additional Modifications of Particular Provisions.”

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DISCIPLINE OF NIGERIAN LEGAL PRACTITIONERS AT THE BAR

By Leesi Ebenezer Mitee

Legal Practitioners Disciplinary Committee

Section 10 of the Legal Practitioners Act 1975 empowers the Legal Practitioners Disciplinary Committee to consider and determine any case where it is alleged that a legal practitioner has misbehaved in his professional capacity or should for any other reason be the subject of disciplinary proceedings.

It has the powers to caution, suspend, or even strike off the roll the name of any legal practitioner it finds guilty of infamous conduct, professional misconduct, or who has been convicted (by a court) of an offence that is incompatible with the exalted status of a legal practitioner.

10. (1) There shall be a committee to be known as the Legal Practitioners Disciplinary Committee (hereafter in this Act referred to as “the Disciplinary Committee”) which shall be charged with the duty of considering and determining any case where it is alleged that a person whose name is on the roll has misbehaved in his capacity as a legal practitioner or should for any other reason be the subject of proceedings under this Act.

(2) The Disciplinary Committee shall consist of –

(a) the Attorney-General of the Federation, who shall be Chair- man;

(b) the Attorneys-General of the States in the Federation;

(c) twelve legal practitioners of not less than ten years standing appointed by the Benchers on the nomination of the association.

(3) The provisions of the Second Schedule to this Act shall have effect in relation to the Disciplinary Committee.

Discipline for Infamous Conduct in any Professional Respect, Conviction in respect of Criminal Offence, and Fraudulent Enrolment

Section 11(1) of the Legal Practitioners Act 1975 provides:

11. (1) Where –

(a) a person whose name is on the roll is judged by the Disciplinary Committee to be guilty of infamous conduct in any professional respect; or

(b) a person whose name is on the roll is convicted, by any court in Nigeria having power to award imprisonment, of an offence (whether or not an offence punishable with imprisonment) which in the opinion of the Disciplinary Committee is incompatible with the status of a legal practitioner; or

(c) the Disciplinary Committee is satisfied that the name of any person has been fraudulently enrolled, the disciplinary committee, may, if it thinks fit, give a direction –

(i) ordering the registrar to strike that person’s name off the roll, or

(ii) suspending that person from practice by ordering him not to engage in practice as a legal practitioner for such period as may be specified in the direction, or

(iii) admonishing that person, and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing as the circumstances of the case may require.

Discipline for Misconduct not amounting to Infamous Conduct, but incompatible with the status of a Legal Practitioner

Section 11(2) of the Legal Practitioners Act 1975 provides:

(2) Where a person whose name is on the roll is judged by the Disciplinary Committee to be guilty of misconduct not amounting to infamous conduct which, in the opinion of the Disciplinary Committee, is incompatible with the status of a legal practitioner, the disciplinary committee may, if it thinks fit, give such a direction as is authorised by paragraph (c)(ii) or (iii) of subsection (1) of this section; and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing, as the circumstances of the case may require.

Proceedings of the Disciplinary Committee and other Matters

Section 11(3) – (9) of the Legal Practitioners Act 1975 regulates the proceedings of the Disciplinary Committee and other matters:

(3) The Disciplinary Committee may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsections (1) and (2) of this section until a subsequent meeting of the Committee; but no person shall be a member of the Disciplinary Committee for the purposes of reaching a decision which has been deferred or further deferred unless he was present as a member of the Committee when the decision was deferred.

(4) It shall be the duty of the Bar Council to prepare, and from time to time revise, a statement as to the kind of conduct which the Council considers to be infamous conduct in a professional respect, and the Registrar shall send to each person whose name is on the roll and whose address is shown in the records of the Supreme Court relating to legal practitioners, by post to that address, a copy of the statement as for the time being revised; but the fact that any matters are not mentioned in such a statement shall not preclude the Supreme Court or the Disciplinary Committee from adjudging a person to be guilty of infamous conduct in a professional respect by reference to such matters.

(5) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (b) of that subsection unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

(6) When the Disciplinary Committee gives a direction under subsection (1) or subsection (2) of this section, the Disciplinary Committee shall cause notice of the direction to be served on the person to whom it relates.

(7) The person to whom such a direction relates may, at any time within twenty-eight days from the date of service on him of notice of the direction, appeal against the direction to the Appeal Committee of the Body of Benchers established under section 12 of this Act; and the Disciplinary Committee may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Disciplinary Committee, shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.

(8) A direction of the Disciplinary Committee under subsection (1) or subsection (2) of this section shall take effect –

(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time.

(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed, and shall not take effect except in accordance with the foregoing provisions of this subsection.

(9) Where a direction is given under subsection (1) or (2) of this section for the refund of moneys paid or the handing over of documents or any other thing and within twenty-eight days of the date of the direction (or where an appeal is brought, on the dismissal of the appeal) the legal practitioner fails to comply with the direction, the Disciplinary Committee may deal with the case as one involving misconduct by the legal practitioner in his professional capacity.

Appeal Committee of the Body of Benchers

Section 12 of the Legal Practitioners Act 1975 makes provision for the Appeal Committee of the Body of Benchers over matters of discipline:

12. (1) There shall be a committee to be known as the Appeal Committee of the Body of Benchers (hereafter in this Act referred to as “the Appeal Committee”) which shall be charged with the duty of hearing appeals from any direction given by the Disciplinary Committee.

(2) The Appeal Committee shall consist of the following seven members of the Body of Benchers, as may be appointed by the Body of Benchers from time to time, that is –

(a) as Chairman, a Bencher, who is a member of the Body of Benchers other than by virtue of section 3(1)(g) of this Act;

(b) two Attorneys-General in the Federation;

(d) two members of the Nigerian Bar Association.

(3) On any appeal against a direction of the Disciplinary Committee, the Appeal Committee may allow or dismiss the appeal in whole or in part, and if it is of opinion that any direction given by the Disciplinary Committee should not have been given or that a different direction should have been given by the Disciplinary Committee (whether more or less severe), the Appeal Committee shall revoke the direction of the Disciplinary Committee or, as the case may be, substitute therefor such direction as it thinks ought to have been given, being a direction which, under section 11 of this Act, could lawfully have been given by the Disciplinary Committee.

(4) The Appeal Committee shall cause notice of any direction given by it under this section to be served on the person to whom it relates.

(5) The person to whom such a direction relates may, at any time within twenty-eight days from the date of service on him of the notice of the direction, appeal against the direction to the Supreme Court; and the Appeal Committee may appear as respondent to the appeal and, for the purpose of enabling directions to be given by the Supreme Court as to costs of the appeal before that court and of proceedings before the Disciplinary Committee, the Appeal Committee shall be deemed to be a party to the appeal before the Supreme Court, whether or not it appears on the hearing of that appeal.

(6) A direction of the Appeal Committee under subsection (3) of this section shall take effect –

(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;

(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

(7) Subject to this act, the Body of Benchers may make rules prescribing the procedure to be followed in the conduct of appeals before the Appeal Committee.

Disciplinary Jurisdiction of the Supreme Court

By virtue of section 13 of the Legal Practitioners Act 1975 the Supreme Court of Nigeria also has a special jurisdiction to discipline any legal practitioner who has been guilty of infamous conduct in any professional respect with regard to any matter of which the Court or any other court of record in Nigeria is or has been seized.

13. (1) Where it appears to the Supreme Court that a person whose name is on the roll has been guilty of infamous conduct in any professional respect with regard to any matter of which the court or any other court of record in Nigeria is or has been seized, the Supreme Court may if it thinks fit, after hearing any representations made and evidence adduced by or on behalf of that person and such other persons as the court considers appropriate, give such a direction as is mentioned in subsection (1) of section 11, and the direction shall take effect forthwith; and except in the case of an admonition the court shall cause notice of the direction to be published in the Federal Gazette.

(2) Where it appears to the Chief Justice that a legal practitioner should be suspended from practice, either with a view to the institution against him of proceedings under this Act before the Disciplinary Committee or while any such proceedings are pending, the Chief Justice may if he thinks fit, after affording the practitioner in question an opportunity of making representations in the matter, give such direction as is authorised by paragraph (ii) of subsection (1) of section 11; and in deciding whether to give such a direction in consequence of the conviction of the conviction of a legal practitioner, the Chief Justice shall be entitled to disregard the provisions of subsection (5) of that section.

In the matter of the Legal Practitioners Act, 1962; Re A. C. Abuah (1973) All NLR 165, a legal practitioner forged his client’s signature and as a result he was paid money due to his client, which he misappropriated. He was convicted of the offence in 1961. The Supreme Court dismissed his appeal and ordered that his name be struck off the Roll of Legal Practitioners in 1962. After 12 years, he was granted a free pardon by a Governor and upon the basis of his remorse, abject poverty, and the pardon his name was restored on to the Roll by the Supreme Court.

Restoration of Names to the Roll and Cancellation of Suspension

Section 14 of the Legal Practitioners Act 1975 provides for the restoration of names to the Roll and cancellation of suspension:

14. (1) Where either before or after the commencement of this Act the name of any person has been struck off the roll or a person has been or is deemed to have been suspended from practice, he may, subject to the provisions of subsection (2) of this section, make an application for the restoration of his name to the roll or the cancellation of the suspension –

(a) if the striking off or suspension was ordered by the Chief Justice or the Supreme Court, to that Court; and

(b) in any other case, to the Disciplinary Committee.

(2) A direction under subsection (1) of section 11 of this Act or subsection (1) of section 13 of this Act may prohibit an application under subsection (1) of this section until the expiration of the period specified in the direction; and where such an application is duly made to the Supreme Court or the Disciplinary Committee, the Court or Disciplinary Committee may direct that no further application shall be made under subsection (1) of this section until the expiration of the period specified in the direction under this subsection.

It was pursuant to this provision that the said A. C. Abuah’s name was restored to the Roll by the Supreme Court.

It is heart-rending to observe that in recent times many legal practitioners in Nigeria are no more upholding the lofty ideals and professional decorum enshrined in our Code of Ethics. Members of the most-respected legal profession must always remember that we are ministers in the temple of justice, and shun all vices capable of denting the cherished image of the profession as well as constituting a stigma on their personal reputation.

Laws of Rivers State of Nigeria: An Encyclopaedic Guide (2011)

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Product description as it appears on Amazon websites (US, United Kingdom, Germany, Canada, France, etc):

Product Description

Rivers State was created out of the former Eastern Nigeria on 27 May 1967 by virtue of the States (Creation and Transitional Provisions) Decree No. 14 of 1967, and inherited Eastern Nigeria legislation in accordance with section 1(5) of the said Decree. Consequently, legislation applicable to Rivers State as at 27 May 1967 consisted of the Laws contained in The Revised Edition of The Laws of Eastern Nigeria 1963 and those enacted between 1963 and 1967. Thereafter, Edicts were promulgated by the successive Military Governors of Rivers State between 1968 and 28 May 1999, interspersed with brief periods of democratic Government that enacted Laws.

The first and only revision of the Laws of Rivers State of Nigeria was published as The Laws of Rivers State of Nigeria 1999 containing legislation still in force at that time. It should be noted that by virtue of section 3 of the Revised Edition (Laws of Rivers State of Nigeria) Law 1991, there may be Laws which, although omitted in The Laws of Rivers State of Nigeria 1999, still have the force of law, just like those included in it. Unfortunately, there is an operational disconnect between the enactment of legislation and their publication in the official form either in the Official Gazette or in bound annual volumes as required by law. Consequently, it becomes a Herculean task to search for every piece of legislation which may be hidden in volumes of files containing signed copies or among thousands of copies of the Official Gazette littered in several locations! Herein lies one aspect of the indispensability of this book, the first edition of which was published in 1994. Without this book, even lawyers may not be aware of some of the existing Laws.

This eBook shall be updated from time to time (throughout a particular year) to reflect changing developments in the Laws of Rivers State of Nigeria. Therefore, readers should remember to check for updates and re-download the latest version from their account free of charge. New editions shall be published yearly in this eBook format. The Laws of the Federation of Nigeria eBook, Nigerian Constitution eBook, Nigerian Law of Evidence eBook (containing full text of the Nigerian Evidence Act 2011), and Nigerian Company Law eBook (containing full text of the Nigerian Companies and Allied Matters Act 1990 with all amendments) shall be available soon in general eBook format and Amazon Kindle eBook format. More resources on Nigerian law are available on the companion Nigerian Law Resources website (www.nigerianlawresources.com).

Table of Contents:

1. Updates and Editions Information

2. Comments on this Book

3. Abbreviations and Guide Notes

4. Acknowledgments

5. About the Author

6. Introduction

7. Part 1: Chronological Table of Laws of Rivers State of Nigeria (Laws of Eastern Nigeria 1963 – 2011 Rivers State Laws)

8. Part 2: Alphabetical Table of Laws of Rivers State of Nigeria (Laws of Eastern Nigeria 1963 – 2011 Rivers State Laws)

9. Part 3: Laws of Rivers State of Nigeria (Laws of Eastern Nigeria 1963 – 1998 Rivers State Laws) with Notes

10. Part 4: Laws of Rivers State of Nigeria 1999 (Revised Statute Book) and Laws made thereafter (1999 - 2011) with Notes

11. Chapters of the Laws of Rivers State of Nigeria 1999

12. Appendices

The Author

The author, Leesi Ebenezer Mitee, holds a Master of Laws (LLM) degree of the University of Huddersfield (United Kingdom). He is a Barrister & Solicitor of the Supreme Court of Nigeria, lecturer, and former Law Research Consultant to the United Nations Development Programme (UNDP) on the Capacity Development for Social Reconciliation Project that provided the juridical foundation of the West Africa Moratorium on Small Arms (light weapons) in 1998. He became a Law Research Consultant to the Rivers State of Nigeria Government in 1994 based on his expertise in the Laws of Rivers State, as evidenced by the first edition of this book.

Product details

Format: Kindle Edition

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Publisher: Worldwwide Business Resources, United Kingdom; 2 edition (24 Sep 2011)

Sold by: Amazon Media EU S.à r.l.

Language English

ASIN: B005O052TA

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Nigerian Constitution 1999 eBook (With All Amendments and Notes)

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CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (PROMULGATION) DECREE 1999

1999 Decree No. 24

[5th May, 1999] Commencement

WHEREAS the Federal Military Government of the Federal Republic of Nigeria in compliance with the Transition to Civil Rule (Political Programme) Decree 1998 has, through the Independent National Electoral Commission, conducted elections to the office of President and Vice-President, Governors and Deputy-Governors, Chairmen and Vice-Chairmen, the National Assembly, the Houses of Assembly and the Local Government Councils;

AND WHEREAS the Federal Military Government in furtherance of its commitment to hand over to a democratically elected civilian administration on 29th May 1999 inaugurated on 11th November 1998, the Constitutional Debate Co-ordinating Committee charged with responsibility to, among other things, pilot the debate on the new Constitution for Nigeria, co-ordinate and collate views and recommendations canvassed by individuals and groups for a new Constitution for Nigeria;

AND WHEREAS the Constitutional Debate Co-ordinating Committee benefited from the receipt of large volumes of memoranda from Nigerians at home and abroad and oral presentations at the public hearings at the debate centres throughout the country and the conclusions arrived thereat and also at various seminars, workshops and conferences organised and was convinced that the general consensus of opinion of Nigerians is the desire to retain the provisions of the Federal Republic of Nigeria with some amendments;

AND WHEREAS the Constitutional Debate Co-ordinating Committee has presented the report of its deliberations of the Provisional Ruling Council;

AND WHEREAS the Provisional Ruling Council has approved the report subject to such amendments as are deemed necessary in the public interest and for the purpose of promoting the security, welfare and good governance and fostering the unity and progress of the people of Nigeria with a view to achieving its objective of handing over an enduring Constitution to the people of Nigeria;

AND WHEREAS, it is necessary in accordance with the programme on transition to civil rule for the Constitution of the federal Republic of Nigeria 1979 after necessary amendments and approval by the Provisional Ruling Council to be promulgated into a new Constitution for the Federal Republic of Nigeria in order to give the same force of law with effect from 29th May 1999:

NOW THEREFORE, THE FEDERAL MILITARY GOVERNMENT hereby decrees as follows:-

Promulgation of the Constitution of the Federal Republic of Nigeria 1999. Schedule.

1. (1) There shall be for Nigeria a Constitution which shall be as set out in the Schedule to this Decree.

(2) The Constitution set out in the Schedule to this Decree shall come into force on 29th May 1999.

(3) Whenever it may hereafter be necessary for the Constitution to be printed it shall be lawful for the Federal Government Printer to omit all parts of this Decree apart from the Schedule and the Constitution as so printed shall have the force of law notwithstanding the omission.

Citation

2. This Decree may be cited as the Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1999.

SCHEDULE section 1(1)

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999

ARRANGEMENT OF SECTIONS

Section

CHAPTER I

GENERAL PROVISIONS

Part I – Federal Republic of Nigeria

1. Supremacy of the Constitution.

2. The Federal Republic of Nigeria.

3. States of the Federation and the Federal Capital Territory, Abuja.

Part II – Powers of the Federal Republic of Nigeria

4. Legislative powers.

5. Executive powers.

6. Judicial powers.

7. Local government system.

8. New States and boundary adjustment, etc.

9. Mode of altering provisions of the Constitution.

10. Prohibition of State Religion.

11. Public order and public security.

12. Implementation of treaties.

CHAPTER II

FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY

13. Fundamental obligations of the Government.

14. The Government and the people.

15. Political objectives.

16. Economic objectives.

17. Social objectives.

18. Educational objectives.

19. Foreign policy objectives.

20. Environmental objectives.

21. Directive on Nigerian cultures.

22. Obligation of the mass media.

23. National ethics.

24. Duties of the citizen.

CHAPTER III

CITIZENSHIP

25. Citizenship by birth.

26. Citizenship by registration.

27. Citizenship by naturalisation.

28. Dual citizenship.

29. Renunciation of citizenship.

30. Deprivation of citizenship.

31. Persons deemed to be Nigerian citizens.

32. Power to make regulations.

CHAPTER IV

FUNDAMENTAL RIGHTS

33. Right to life.

34. Right to dignity of human person.

35. Right to personal liberty.

36. Right to fair hearing.

37. Right to private and family life.

38. Right to freedom of thought, conscience and religion.

39. Right to freedom of expression and the press.

40. Right to peaceful assembly and association.

41. Right to freedom of movement.

42. Right to freedom from discrimination.

43. Right to acquire and own immovable property anywhere in Nigeria.

44. Compulsory acquisition of property.

45. Restriction on and derogation from fundamental rights.

46. Special jurisdiction of High court and legal aid.

CHAPTER V

THE LEGISLATURE

Part I – National Assembly

A – Composition and staff of National Assembly

47. Establishment of the National Assembly.

48. Composition of the Senate.

49. Composition of the House of Representatives.

50. President of the Senate and Speaker of the House of Representatives.

51. Staff of the National Assembly.

B – Procedure for Summoning and Dissolution of National Assembly

52. Declaration of assets and liabilities; oaths of members.

53. Presiding at sittings of the National Assembly and at joint sittings.

54. Quorum.

55. Languages.

56. Voting.

57. Unqualified person sitting or voting.

58. Mode of exercising federal legislative power: general.

59. Mode of exercising Federal legislative power: money bills.

60. Regulation of procedure.

61. Vacancy or participation of strangers not to invalidate proceedings.

62. Committees.

63. Sittings.

64. Dissolution and issue of proclamations by President.

C – Qualifications for Membership of National Assembly and Right of Attendance

65. Qualifications for election.

66. Disqualifications.

67. Right of attendance of President.

68. Tenure of seat of members.

69. Recall.

70. Remuneration.

D – Elections to National Assembly

71. Senatorial districts and Federal constituencies.

72. Size of Senatorial districts and Federal constituencies.

73. Periodical review of Senatorial districts and Federal constituencies.

74. Time when alteration of Senatorial districts or Federal constituencies takes effect.

75. Ascertainment of population.

76. Time of election to the National Assembly.

7.7. Direct election and franchise.

78. Supervision of election.

79. Power of the National Assembly as to determination of certain questions.

E – Powers and Control over Public Funds

80. Establishment of Consolidated Revenue Fund.

81. Authorisation of expenditure from Consolidated Revenue Fund.

82. Authorisation of expenditure in default of appropriations.

83. Contingencies Fund.

84. Remuneration, etc. of the President and certain other officers.

85. Audit of public accounts.

86. Appointment of Auditor-General.

87. Tenure of office of Auditor-General.

88. Power to conduct investigations.

89. Power as to matters of evidence.

Part II – House of Assembly of a State

A – Composition and Staff of House of Assembly

90. Establishment of House of Assembly for each State.

91. Composition of the House of Assembly.

92. Speaker of House of Assembly.

93. Staff of House of Assembly.

B – Procedure for Summoning and Dissolution of House of Assembly

94. Declaration of assets and liabilities; oaths of members.

95. Presiding at sittings.

96. Quorum.

97. Languages.

98. Voting.

99. Unqualified person sitting or voting.

100. Mode of exercising legislative power of a State.

101. Regulation of procedure.

102. Vacancy or participation of strangers not to invalidate proceedings.

103. Committees.

104. Sittings.

105. Dissolution and issue of proclamation by Governor.

C – Qualification for Membership of House of Assembly and Right of Attendance

106. Qualifications for election.

107. Disqualifications.

108. Right of attendance of Governor.

109. Tenure of seat of members.

110. Recall.

111. Remuneration.

D – Elections to a House of Assembly

112. State constituencies.

113. Size of State constituencies.

114. Periodical review of State constituencies.

115. Time when alteration of State constituencies takes effect.

116. Time of elections to Houses of Assembly.

117. Direct election and franchise.

118. Supervision of election.

119. Power of National Assembly as to determination of certain questions.

E – Power and Control over Public funds

120. Establishment of Consolidated Revenue Fund.

121. Authorisation of expenditure from Consolidated Revenue Fund.

122. Authorisation of expenditure in default of appropriations.

123. Contingencies Fund.

124. Remuneration, etc., of the Governor and certain other officers.

125. Audit of public accounts.

126. Appointment of Auditor-General.

127. Tenure of office of Auditor-General.

128. Power to conduct investigations.

129. Power as to matters of evidence.

CHAPTER VI

THE EXECUTIVE

Part I – Federal Executive

A – The President of the Federation

130. Establishment of the office of President.

131. Qualification for election as President.

132. Election of the President: general.

133. Election: single Presidential candidate.

134. Election: two or more Presidential candidates.

135. Tenure of office of President.

136. Death, etc. of President-elect before oath of office.

137. Disqualifications.

138. President: disqualification from other jobs.

139. Determination of certain questions relating to election.

140. Declaration of assets and liabilities; oaths of President.

141. Establishment of office of Vice-President.

142. Nomination and election of Vice-President.

143. Removal of President from office.

144. Permanent incapacity of President or Vice-President.

145. Acting President during temporary absence of President.

146. Discharge of functions of President.

147. Ministers of Federal Government.

148. Executive responsibilities of Ministers.

149. Declaration of assets and liabilities; oaths of Ministers.

150. Attorney-General of the Federation.

151. Special Advisers.

152. Declaration of assets and liabilities; oath of Special Adviser.

B – Establishment of Certain Federal Executive Bodies

153. Federal Commissions and Councils, etc.

154. Appointment of Chairman and members.

155. Tenure of office of members.

156. Qualification for membership.

157. Removal of members.

158. Independence of certain bodies.

159. Quorum and decisions.

160. Powers and procedure.

161. Interpretation.

C – Public Revenue

162. Distributable pool account.

163. Allocation of other revenue.

164. Federal grants-in-aid of State revenue.

165. Cost of collection of certain duties.

166. Set-off.

167. Sums charged on Consolidated Revenue Fund.

168. Provisions with regard to payments.

D – The Public Service of the Federation

169. Establishment of civil service of the Federation.

170. Federal Civil Service Commission: power to delegate functions.

171. Presidential appointments.

172. Code of Conduct.

173. Protection of pension rights.

174. Public prosecutions.

175. Prerogative of mercy.

Part II – State Executive

A – The Governor of a State

176. Establishment of the office of Governor.

177. Qualification for election as Governor.

178. Election of Governor: general.

179. Election: single candidate and two or more candidates.

180. Tenure of office of Governor.

181. Death, etc, of Governor-elect before oath of office.

182. Disqualifications.

183. Governor; disqualification from other jobs.

184. Determination of certain questions relating to elections.

185. Declaration of assets and liabilities; oaths of office of Governor.

186. Establishment of the office of Deputy Governor.

187. Nomination and election of Deputy Governor.

188. Removal of Governor or Deputy Governor from office.

189. Permanent incapacity of Governor or Deputy Governor.

190. Acting Governor during temporary absence of Governor.

191. Discharge of functions of Governor.

192. Commissioners of State Government.

193. Executive responsibilities of Deputy Governor and Commissioners.

194. Declaration of assets and liabilities; oaths of Commissioners.

195. Attorney-General of a State.

196. Special Advisers.

B – Establishment of Certain State Executive Bodies

197. State Commissions.

198. Appointment of Chairman and members.

199. Tenure of office of members.

200. Qualification for membership.

201. Removal of members.

202. Independence of certain bodies.

203. Quorum and decisions.

204. Powers and procedure.

205. Interpretation.

C – The Public Service of a State

206. Establishment of State civil service.

207. State Civil Service Commission: power of delegation.

208. Appointments by Governor.

209. Code of Conduct.

210. Protection of pension rights.

211. Public prosecutions.

212. Prerogative of mercy.

Part III – Supplemental

A – National Population Census

213. National population census.

B – Nigeria Police Force

214. Establishment of Nigeria Police Force.

215. Appointment of Inspector-General and control of Nigeria Police Force.

216. Delegation of powers to the Inspector-General of Police.

C – Armed Forces of the Federation

217. Establishment and composition of the armed forces of the Federation.

218. Command and operational use.

219. Establishment of body to ensure federal character of armed forces.

220. Compulsory military service.

D – Political Parties

221. Prohibition of political activities by certain associations.

222. Restriction on formation of political parties.

223. Constitution and rules of political parties.

224. Aims and objects.

225. Finances of political parties.

226. Annual report on finances.

227. Prohibition of quasi-military organisations.

228. Powers of the National Assembly with respect to political parties.

229. Interpretation.

CHAPTER VII

THE JUDICATURE

Part I – Federal Courts

A – The Supreme Court of Nigeria

230. Establishment of the Supreme Court of Nigeria.

231. Appointment of Chief Justice of Nigeria and Justices of the Supreme Court.

232. Original jurisdiction.

233. Appellate jurisdiction.

234. Constitution.

235. Finality of determinations.

236. Practice and procedure.

B – The Court of Appeal

237. Establishment of Court of Appeal.

238. Appointment of President and Justices of the Court of Appeal.

239. Original jurisdiction.

240. Appellate jurisdiction.

241. Appeals as of right from the Federal High Court or a High Court.

242. Appeals with leave.

243. Exercise of right of appeal from the Federal High Court or a High Court in civil and criminal matters.

244. Appeals from Sharia Court of Appeal.

245. Appeals from Customary Court of Appeal.

246. Appeals from Code of Conduct Tribunal and other courts and tribunals

247. Constitution.

248. Practice and procedure.

C – The Federal High Court

249. Establishment of the Federal High Court.

250. Appointment of Chief Judge and Judges of the Federal High Court.

251. Jurisdiction.

252. Powers.

253. Constitution.

254. Practice and procedure.

D – The High Court of the Federal Capital Territory, Abuja

255. Establishment of the High Court of the Federal Capital Territory, Abuja.

256. Appointment of Chief Judge and Judges of High Court of the Federal Capital Territory, Abuja.

257. Jurisdiction.

258. Constitution.

259. Practice and procedure.

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

260. Establishment of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.

261. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory. Abuja.

262. Jurisdiction.

263. Constitution.

264. Practice and procedure.

F – The Customary Court of Appeal of the Federal Capital Territory, Abuja.

265. Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja.

266. Appointment of President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja.

267. Jurisdiction.

268. Constitution.

269. Practice and procedure

Part II – State Courts

A – High Court of a State

270. Establishment of a High Court for each State.

271. Appointment of Chief Judge and Judges of the High Court of a State.

272. Jurisdiction: general.

273. Constitution.

274. Practice and procedure.

B – Sharia Court of Appeal of a State

275. Establishment of Sharia Court of Appeal.

276. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State.

277. Jurisdiction.

278. Constitution.

279. Practice and procedure.

C – Customary Court of Appeal of a State

280. Establishment of Customary Court of Appeal.

281. Appointment of President and Judges of the Customary Court of Appeal of a State.

282. Jurisdiction.

283. Constitution.

284. Practice and procedure.

Part III – Election Tribunals

285. Establishment and Jurisdiction of election tribunals.

Part IV – Supplemental

286. Jurisdiction of State courts in respect of Federal causes.

287. Enforcement of decisions.

288. Appointment of persons learned in Islamic personal law and Customary law.

289. Disqualification of certain legal practitioners.

290. Declaration of assets and liabilities: oaths of judicial officers.

291. Tenure of office and pension rights of judicial officers.

292. Removal of other judicial officers from office.

293. Vacancies.

294. Determination of causes and matters.

295. Reference of questions of law.

296. Interpretation.

CHAPTER VIII

FEDERAL CAPITAL TERRITORY, ABUJA AND GENERAL SUPPLEMENTARY PROVISIONS

Part I – Federal Capital Territory, Abuja

297. Federal Capital Territory. Abuja: ownership of lands.

298. Capital of the Federation.

299. Application of Constitution.

300. Representation, in the-National Assembly.

301. Adaptation of certain references.

302. Minister of Federal Capital Territory. Abuja.

303. Administration of the Federal Capital Territory. Abuja.

304. Establishment of the Judicial Service Committee of the Federal Capital Territory, Abuja.

Part II – Miscellaneous Provisions

305. Procedure for proclamation of state of emergency.

306. Resignations.

307. Restriction certain citizens.

308. Restriction on legal proceedings.

Part III – Transitional Provisions and Savings

309. Citizenship.

310. Staff of legislative houses.

311. Standing Orders.

312. Special provisions in respect of first election.

313. System of revenue allocation.

314. Debts.

315. Existing law.

316. Existing offices, courts and authorities.

317. Succession to property, rights, liabilities and obligations.

Part IV – Interpretation, Citation and Commencement

318. Interpretation.

319. Citation.

320. Commencement.

SCHEDULES

First Schedule:

Part I – States of the Federation

Part II – Definition and Area Councils of Federal Capital Territory, Abuja

Second Schedule:

Part I – Exclusive Legislative List

Part II – Concurrent Legislative List

Part III – Supplemental and Interpretation

Third Schedule:

Part I – Federal Executive Bodies

Part II – State Executive Bodies

Part III – Federal Capital Territory, Abuja Executive Body

Fourth Schedule: Functions of a Local Government Council

Fifth Schedule:

Part I – Code of Conduct for Public Officers

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

Sixth Schedule: Election Tribunals

Seventh Schedule: Oaths

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999

WE THE PEOPLE of the Federal Republic of Nigeria:

HAVING firmly and solemnly resolved:

TO LIVE in unity and harmony as one indivisible and indissoluble Sovereign Nation under God dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding:

AND TO PROVIDE for a Constitution for the purpose of promoting the good government and welfare of all persons in our country on the principles of Freedom, Equality and Justice, and for the purpose of consolidating the Unity of our people:

DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following Constitution:

CHAPTER I

GENERAL PROVISIONS

PART I

Federal Republic of Nigeria

Supremacy of the Constitution

1. (1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.

The Federal Republic of Nigeria

2. (1) Nigeria is one indivisible and indissoluble Sovereign State to be known by the name of the Federal Republic of Nigeria.

(2) Nigeria shall be a Federation consisting of States and a Federal Capital Territory.

States of the Federation and the Federal Capital Territory, Abuja

3. (1) There shall be thirty-six States in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kabbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara.

Part I First Schedule

(2) Each State of Nigeria named in the first column of Part I of the First Schedule to this Constitution shall consist of the area shown opposite thereto in the second column of that Schedule.

Part I First Schedule

(3) The headquarters of the Government of each State shall be known as the Capital City of that State as shown in the third column of the said Part I of the First Schedule opposite the State named in the first column thereof.

Part II First Schedule

(4) The Federal Capital Territory, Abuja shall be as defined in Part II of the First Schedule to this Constitution.

(5) The provisions of this Constitution in Part I of Chapter VIII hereof shall, in relation to the Federal Capital Territory, Abuja, have effect in the manner set out thereunder.

Part I and II First Schedule

(6) There shall be seven hundred and sixty-eight local government areas in Nigeria as shown in the second column of Part I of the First Schedule to this Constitution and six area councils as shown in Part II of that Schedule.

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NOTE: This Constitution has 320 Sections, all which shall be published in our forthcoming eBook.

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