Nigerian Law • Nigerian Law eBooks • Nigerian Legislation • Nigerian Constitution • Nigerian Law Firms • Nigerian Lawyers • Nigerian Law Forum
• Nigerian Legal Education • Nigerian Legal System • Nigerian Judiciary • Nigerian Legislature • Nigerian Law Dissertations and Theses • Nigerian Human Rights Law • Nigerian Law Research & Consultancy • Nigerian Law Conferences, Seminars, Workshops • Nigerian Law Watch • Nigerian Law News
Nigerian Law Search Engine
28-
Nigerian Law
Nigerian Law eBooks
• Laws of the Federation of Nigeria eBook
• Constitution of the Federal Republic of Nigeria 1999 eBook: Full Text With Notes (All Amendments Incorporated)
• Nigerian Law of Evidence eBook: Full Text of the Evidence Act 2011 With Notes
• Nigerian Company Law eBook: Full Text of Nigerian Companies and Allied Matters Act 1990 With Notes
• Laws of Bayelsa State of Nigeria eBook
• Laws of Rivers State of Nigeria eBook (now available)
• PLUS United States of America Constitution eBook
This collection is a must-
Nigerian Law Resources has pioneered the next generation of law eBooks: living law
eBooks that constantly change with changes in the law (Nigerian law and any law in
question). Starting with the Laws of Rivers State of Nigeria eBook, Cognizant of
the dynamic nature of law (especially as a result of enactment of new legislation,
amendment and repeal of existing legislation), our legal eBooks are updated from
time to time (throughout a particular year) to reflect changing developments in the
laws. Owners of our eBooks can therefore check for updates and re-
If you would want us to inform you of the availability of these and other Nigerian law eBooks when published or how to buy and download them, please click here TODAY to send us your email address through our Online Contact Form. Act now.
If you would want us to inform you of the availability of these and other Nigerian law eBooks when published or how to buy and download them, please click here TODAY to send us your email address through our Online Contact Form. Act now.
Forthcoming Nigerian Law eBooks (Full-
• Nigerian Law of Evidence: Full Text of the Evidence Act 2011 With Notes
• Nigerian Company Law: Full Text of Nigerian Companies and Allied Matters Act 1990 With Notes
28-
NIGERIAN JUDICIAL PRECEDENTS AS A SOURCE OF NIGERIAN LAW
INTRODUCTION
Judicial precedents may be defined as “previous judgments or decisions officially documented by the court, usually published in law reports, used as legal authorities for deciding subsequent cases in line with their rationes decidendi via the common law doctrine of stare decisis.” [1]
The decisions of Nigerian courts constitute a very important source of Nigerian law. Its importance derives from the increasing relevance of Legal Realism in the fashion of American jurisprudence. We have already seen that according to Legal Realism, the provisions of statutes are not settled law until they have received the blessing of judicial pronouncement as to their meaning, nature, and scope. It was Gray, a prominent American Realist, who said: “it is the courts that put life into the dead words of statutes.” That obsession with case law led to the evolution of jurimetrics.
Whilst we may readily appreciate the importance of case law as a source of Nigerian law, we may not be able to subscribe to the strict position of American Realists.
THE DOCTRINE OF STARE DECISIS IN NIGERIA
The doctrine of binding precedent or stare decisis has been rightly described by
Professor Ezejiofor [2] as “a necessary judicial practice in any system that operates
the common law.” The doctrine recognises the need to have a definite hierarchy of
courts in a common-
For this doctrine to operate there must exist a settled and universally acceptable hierarchy of courts as well as easily accessible, comprehensive, regular, and reliable Law Reports containing the decisions of the courts.
Oputa JSC (one of the most articulate and respected Judges Nigeria has ever had)
extolled the importance of the time-
“Standing by a previous decision which has not been proved to be perverse, or to
have been decided per incuriam or proved to be faulty legally or procedurally has
a lot of advantages. It fosters stability and enhances the development of a consistent
and coherent body of law. In addition, it preserves continuity and manifest respect
for the past. It also assures equality of treatment for litigants similarly situated.
It likewise spares the Judges the task of re-
Referring to Justice Oputa’s statement above, Kalgo JSC delivering the lead judgment
of the Supreme Court on Friday, 16 February 2001, in Global Transport Oceanico S.
A. v Free Enterprises Nigeria Ltd (2001) FWLR (Part 40) 1706 at 1722, declared:
“I entirely agree with this statement and wish to add that it also helps to maintain
some legal order within judicial systems.” See also Batalha v West African Construction
Company Ltd (2002) FWLR (Part 109) 1612 at 1628 where the Court of Appeal stressed
the need to uphold the time-
Hierarchy of Nigerian Courts
In Nigeria, a settled hierarchy of courts exists. Section 6 of the Constitution of the Federal Republic of Nigeria 1999, treading the path of section 6 of the Constitution of the Federal Republic of Nigeria 1979, provides for the Nigerian judicial system, which is pyramidal in shape, as follows:
(a) One Supreme Court as the highest Court of the land.
(b) Just below the Supreme Court is one Court of Appeal, having as at present ten Divisions in some States of the Federation, including locations in the following cities: Abuja, Benin, Calabar, Enugu, Ibadan, Ilorin, Kaduna, Jos, Lagos, and Port Harcourt.
(c) Below the Court of Appeal are the following courts of co-
(d) Below these courts are the Magistrates’ Courts and District Courts.
(e) The lowest courts are Customary and Area Courts.
Numbers (a) – (c), by virtue of section 6(3) of the Constitution of the Federal Republic of Nigeria 1999, are the only superior courts of record in Nigeria, and detailed provisions regulating their establishment, jurisdiction, constitution, and direction as to practice and procedure are contained in sections 230 – 284 of the Constitution of the Federal Republic of Nigeria 1999. All the courts listed above are the regular courts.
There are also special courts like Courts-
Law Reports in Nigeria
Law Reports are the authentic records of the full verbatim documentation of the decisions or judgments of courts of law in respect of matters brought before them for resolution, usually published in bound volumes for public use. [3]
According to Professor Ezejiofor, [4] the history of systematic law reporting in Nigeria dates back to 1916 when the publication of the Nigerian Law Reports (NLR) under the official sponsorship of the Judicial Department was commenced. The West African Court of Appeal Law Reports (WACA) were published between 1933 and 1955. After 1955, the Federal Supreme Court Reports (FSC) as well as the Law Reports of Lagos (LLR) and the different Regions – Western Region of Nigeria Law Reports (WRNLR), Northern Region of Nigeria Law Reports (NRNLR), and Eastern Region of Nigeria Law Reports (ENLR or ERLR) were published.
Other Law Reports in Nigeria include the following: All Nigeria Law Reports (All NLR); Nigerian Monthly Law Reports (NMLR); Federation of Nigeria Law Reports (FNLR); University of Ife Law Reports (UILR); and The Nigerian Commercial Law Reports (NCLR) edited by Allan Milner.
Recently, Chief Gani Fawehinmi revolutionised law reporting in Nigeria by publishing
several invaluable Law Reports including the Supreme Court of Nigeria Law Reports
(SCNLR); Commercial Law Reports (CLR); Nigerian Constitutional Law Reports (NCLR);
and of course, the epoch-
We have recorded appreciable success in law reporting in this country in recent times, compared with what obtained in the past. However, there is still a plethora of decisions that are denied their inherent right to publication, especially major decisions of our numerous High Courts, most of which never went, and will not go, on appeal to the Court of Appeal. Something has to be done about this with utmost urgency.
What constitutes Binding Precedents
It is not every decision of a court that constitutes a binding precedent which lower courts will be compelled to abide by. We may clarify what constitutes binding precedents and what does not as follows:
(a) Binding Precedent is found in the Ratio Decidendi
Binding precedent is found in the ratio decidendi of a decision – the particular
principle of law on which the decision was based. On Friday, 20 April 2001, Karibi-
(b) Decisions reached per incuriam or per ignorantium are not Binding Precedents
Decisions reached per incuriam (through lack of care) or per ignorantium (through ignorance) are not binding precedents. Such decisions may have been given without applying a binding precedent, or in ignorance of a statutory provision or a rule having statutory effect, such as a rule of court, which would have affected the decision if the court had been aware of, and applied, it: Young v Bristol Aeroplane Co. Ltd (1944) KB 718. In a recent decision of the Supreme Court delivered on Friday, 16 February 2001, Global Transport Oceanico S. A. v Free Enterprises Nigeria Ltd (2001) FWLR (Part 40) 1706 at 1722, Kalgo JSC delivering the lead judgment declared that decisions reached per incuriam are not included in the doctrine of stare decisis for obvious reasons and a court may depart from its earlier decision if it is satisfied that the decision was wrong and there is a need to reverse or alter it in the interest of justice.
(c) Obiter Dicta are not Binding Precedents
Obiter dicta that are observations or pronouncements of law made by the way that are not part of the ratio decidendi of a case are, generally, not binding precedent. The Court of Appeal recently defined obiter dictum as “something said by the way, such as an observation or remark made by a Judge in pronouncing an opinion upon a cause, concerning some rules, principles or application of law but which is not strictly necessary for the resolution of the dispute:” Madu v Neboh (2001) FWLR (Part 52) 2247 at 2268. The Supreme Court appears to maintain that its obiter dicta cannot be ignored by lower courts in reaching decisions, thereby introducing a momentous dimension to the authority of obiter dicta. This further compounds the illusory nature of rationes decidendi, and strengthens the opinion of Professor Ezejiofor that “the weight attached to an obiter dictum depends on the position occupied in the judicial hierarchy by the court that handed it down or the erudition of the Judge who pronounced it.” [5] The Court of Appeal held in Ikyernum v Iorkumbur (2002) FWLR (Part 110) 1908 at 1926 that one fundamental thing counsel should always keep in mind is the distinction between ratio decidendi and obiter dicta. The former (ratio decidendi) has a binding effect in judgment, while the latter (obiter dicta) are mere observations which a court is entitled to make. Even if such observations were wrong or nasty, so long as miscarriage of justice does not result therefrom, they are immaterial – they have no binding effect and go to no issue at all. [6] However, comments made by a Judge that go to the root of the decision, make it perverse. The Court of Appeal held in this case that the decision of the trial Judge was influenced by his expressions: he referred to the respondent as “son of the soil” and the appellant as “a stranger” which caused miscarriage of justice on the appellant.
(d) Binding Precedent where there is more than one Presiding Judge
Where more than one Judge preside over a matter and they could not reach a unanimous decision, it is the majority decision (and not the minority decision) that constitutes the decision of the court and therefore the binding precedent. A dissenting decision or judgment is not the decision or judgment of the court.
(e) Binding Precedent where there are Conflicting Decisions
Where conflicting decisions of a particular higher court exist, a lower court is at liberty to choose one of them which it considers to be correct, with reasons for so doing: National Electric Power Authority v Onah (1997) 1 NWLR (Part 484) 680.
The Authority of Binding Precedents
Binding precedents have different degrees of authority: absolute and persuasive.
Decisions of higher courts have absolute authority on lower courts, while decisions
of courts of co-
It may be necessary also to mention that because of the national sovereignty of our legal system, the decisions of foreign courts (including English courts) have persuasive authority only in Nigeria. Therefore, the opinion of Park, [7] that the English “House of Lords decisions present the conclusive expositions of English law, and that being so it will not be open to the Nigerian courts to depart from them,” cannot be valid in our present circumstances. The Supreme Court of Nigeria held in Kalu v Odili (1992) 6 SCNJ (Part 1) 76 at 104 that decisions of all English courts including those of the House of Lords are treated with optimum respect by all the courts in this country, but they have only persuasive effect and not binding authority in Nigerian courts.
CONCLUSION
Judicial precedents will continue to wield greater importance as a source of Nigerian law, for without precedents the law will not be capable of prediction, judicial decisions will be subject to the whims and caprices of Judges, and the basis of legal opinion and counselling will be completely eroded.
…………………………………………….
[1] Definition by the author: Leesi Ebenezer Mitee.
[2] In Introduction to Nigerian Law (1980), p. 14.
[3] Definition by the author: Leesi Ebenezer Mitee.
[4] Introduction to Nigerian Law (1980), p. 38.
[5] Introduction to Nigerian Law (1980), p. 38.
[6] Introduction to Nigerian Law (1980), p. 38.
[7] See Odukwe v Ogunbiyi (1998) 6 SCNJ 102; Leedo Presidencial Motel Ltd v Bank of the North Ltd (1998) 7 SCNJ 328; Afro Continental Nigeria Ltd v Ayantuyi (1995) 12 SCNJ 1; Alakija v Abdullahi (1998) 5 SCNJ 1.
Okonkwo, C. O. (ed.). Introduction to Nigerian Law. London, Sweet & Maxwell, 1980.
Nigerian Law Links
Lawsofthefederationofnig eria.Com
Lawsofthefederationofnig eria.Org
Nigerialawfirmsandlawyer s.Com
Professionalebookpublis hers.Com
Nigerian Law Practice Areas
• Nigerian Administrative Law
• Nigerian Admiralty Law / Maritime Law
• Nigerian Agency Law
• Nigerian Alcohol Law
• Nigerian Alternative Dispute Resolution
• Nigerian Animal Law
• Nigerian Antitrust Law
• Nigerian Art Law
• Nigerian Aviation Law
• Nigerian Banking Law
• Nigerian Bankruptcy
• Nigerian Business Law
• Nigerian Commercial Law
• Nigerian Company Law
• Nigerian Competition Law
• Nigerian Computer Law
• Nigerian Conflict of Laws
• Nigerian Constitutional Law
• Nigerian Construction Law
• Nigerian Consumer Law
• Nigerian Contract Law
• Nigerian Copyright Law
• Nigerian Corporations Law
• Nigerian Criminal Law
• Nigerian Cryptography Law
• Nigerian Cyber Law
• Nigerian Defamation
• Nigerian Disability Law
• Nigerian Drug Control Law
• Nigerian Employment Law
• Nigerian Entertainment Law
• Nigerian Environmental Law
• Nigerian Evidence Law
• Nigerian Family Law
• Nigerian Firearms Law
• Nigerian Food Law
• Nigerian Gaming Law
• Nigerian Health and Safety Law
• Nigerian Immigration Law
• Nigerian Insurance Law
• Nigerian Intellectual Property Law
• Nigerian International Law
• Nigerian Internet Law
• Nigerian Labour Law
• Nigerian Martial Law
• Nigerian Media Law
• Nigerian Military Law
• Nigerian Juvenile Law
• Nigerian Music Law
• Nigerian Nationality Law
• Nigerian Obscenity Law
• Nigerian Parliamentary Law
• Nigerian Patents Law
• Nigerian Property Law
• Nigerian Public Health Law
• Nigerian Real Estate
• Nigerian Securities Law
• Nigerian Space Law
• Nigerian Sports Law
• Nigerian Statutory Law
• Nigerian Tax Law
• Nigerian Torts Law
• Nigerian Trademarks Law
• Nigerian Transport Law
• Nigerian Water Law
Laws of Rivers State of Nigeria: An Encyclopaedic Guide (2011)
• You can read this eBook on your mobile phone, BlackBerry, Amazon Kindle, iPad, iPhone, Android, eReaders and PDAs (mobile devices), and your computer. This eBook is available on Amazon websites worldwide: Amazon.com, Amazon.co.uk, Amazon.de, etc.
• It is updated from time to time to reflect changes in the Law -
• Paper edition is also available.
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-
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 -
11. Chapters of the Laws of Rivers State of Nigeria 1999
12. Appendices
The Author
The author, Leesi Ebenezer Mitee, holds a Master of Laws (LLM) degree of the University of Huddersfield (United Kingdom). He is a Barrister & Solicitor of the Supreme Court of Nigeria, lecturer, and former Law Research Consultant to the United Nations Development Programme (UNDP) on the Capacity Development for Social Reconciliation Project that provided the juridical foundation of the West Africa Moratorium on Small Arms (light weapons) in 1998. He became a Law Research Consultant to the Rivers State of Nigeria Government in 1994 based on his expertise in the Laws of Rivers State, as evidenced by the first edition of this book.
Product details
Format: Kindle Edition
File Size: 489 KB
Publisher: Worldwwide Business Resources, United Kingdom; 2 edition (24 Sep 2011)
Sold by: Amazon Media EU S.à r.l.
Language English
ASIN: B005O052TA
Nigerian Constitution 1999 eBook (With All Amendments and Notes)
This eBook will be available very soon. If you would want us to inform you of the availability of this and other eBooks when published, please click here to send us your email address through our online Contact Form.
NOTE:
Our forthcoming eBook titled Constitution of the Federal Republic of Nigeria 1999: Introductory Comments and Full Text is already advertised by major online book stores worldwide including Fishpond.com.au Limited (Australasia’s Biggest online Store), Loot Online (Pty) Ltd (South African leading online store), and The Book Depository (United Kingdom's largest dedicated online bookseller).
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-
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-
AND WHEREAS the Constitutional Debate Co-
AND WHEREAS the Constitutional Debate Co-
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-
87. Tenure of office of Auditor-
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-
127. Tenure of office of Auditor-
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-
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-
142. Nomination and election of Vice-
143. Removal of President from office.
144. Permanent incapacity of President or Vice-
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-
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-
165. Cost of collection of certain duties.
166. Set-
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-
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-
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-
216. Delegation of powers to the Inspector-
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-
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-
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-
AND TO PROVIDE for a Constitution for the purpose of promoting the good government and welfare of all persons in our country on the principles of Freedom, Equality and Justice, and for the purpose of consolidating the Unity of our people:
DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following Constitution:
CHAPTER I
GENERAL PROVISIONS
PART I
Federal Republic of Nigeria
Supremacy of the Constitution
1. (1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.
The Federal Republic of Nigeria
2. (1) Nigeria is one indivisible and indissoluble Sovereign State to be known by the name of the Federal Republic of Nigeria.
(2) Nigeria shall be a Federation consisting of States and a Federal Capital Territory.
States of the Federation and the Federal Capital Territory, Abuja
3. (1) There shall be thirty-
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-
.....................................
NOTE: This Constitution has 320 Sections, all which shall be published in our forthcoming eBook.
28-
SOME NIGERIAN FEDERAL LAWS (LAWS OF THE FEDERATION OF NIGERIA)
1. Abandoned Properties Act (Nigeria)
An Act to make provisions for the sale, registration and maintenance of abandoned properties by the Implementation Committee set up for the purpose.
2. Academic Staff Union of Universities (Proscription and Prohibition from Participation in Trade Union Activities) Act (Nigeria)
An Act to proscribe and prohibit the Academic Staff Union of Universities from participating in trade union activities in Nigeria or any part thereof.
3. Acquisition of Assets (British Petroleum Company Limited) Act (Nigeria)
An Act to make provisions for the transfer of all shares held by the British Petroleum Company Limited in BP Nigeria Ltd and all interests appertaining thereto in the Shell BP Petroleum Development Company of Nigeria Limited to the Nigerian National Petroleum Corporation; and the payment of compensation for such shares in accordance with laid down formulae.
4. Acts Authentication Act (Nigeria)
An Act to make provision for the authentication and recording of Acts of National Assembly.
5. Adjustment of Boundaries (Cross River and Imo States) Act (Nigeria)
An Act to make provision for implementing certain decisions of the Kaloma Ali Boundaries Ascertainment Commission and for making appropriate adjustment of the boundaries of those areas affected.
6. Administrative Staff College of Nigeria Act (Nigeria)
An Act to provide for the establishment and objects of the Administrative Staff College of Nigeria and the management of the college.
7. Advertising Practitioners (Registration, Etc.) Act (Nigeria)
An Act to establish a Council for Advertising Practitioners and to make provisions for the control of the practice of the profession of advertising.
8. Advisers to Military Governors, Etc. (Ex-
An Act to provide for the payment of ex-
9. Advisory Council on Religious Affairs Act (Nigeria)
An Act to provide for the establishment of an Advisory Council on Religious Affairs charged with responsibility for fostering religious harmony in the Country.
10. African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Nigeria)
An Act to enable effect to be given in the Federal Republic of Nigeria of the African Charter on Human and Peoples’ Rights made in Banjul on the 19th day of January, 1981 and for purposes connected therewith.
11. Agricultural and Rural Management Training Institute Act (Nigeria)
An Act to establish a training organisation known as the Agricultural and Rural Management Training Institute to provide among other things, detailed identification of management training needs in agricultural and rural development organisations throughout the country, and to develop and implement training programmes to meet the need of managers in the agricultural and rural development sector of the economy.
12. Agricultural (Control of importation) Act (Nigeria)
An Act to provision for regulating the importation of articles for the purpose of controlling plant diseases and pests.
13. Agricultural Credit Guarantee Scheme Fund Act (Nigeria)
An Act to establish an Agricultural Credit Guarantee Scheme Fund into which shall be subscribed a certain sum to provide guarantees for loans granted for agricultural purposes by any bank.
14. Ahmadu Bello University (Transitional Provisions) Act (Nigeria)
An Act to effect a take-
15. Air Force Act (Nigeria)
An Act to make provision for the establishment, government and discipline of the Nigerian Air Force and of an Air Force Reserve and to provide for other matter connected therewith or ancillary thereto.
16. Allocation of Revenue (Federation Accounts, Etc.) Act (Nigeria)
An Act to prescribe the basis for distribution of revenue accruing to the Federation Account between the Federal and State Governments and the Local Government Councils in the States; the formula for distribution amongst the States inter se; the proportion of the total revenue of each State to be contributed to the State Joint Local Government Account; and for other purposes connected therewith.
17. Anatomy Act (Nigeria)
An Act to regulate School of Anatomy.
18. Animal Diseases (Control) Act (Nigeria)
An Act to provide for the control and prevention of animal diseases, with the object of preventing the introduction and spread of infectious and contagious diseases among animals, hatcheries and poultries in Nigeria.
19. Arbitration and Conciliation Act (Nigeria)
An Act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation; and to make applicable the Convention on the Recognition and Enforcement of Arbitral Awards (New York Convention) to any award made in Nigeria or in any contracting State arising out of international commercial arbitration.
20. Architects (Registration, Etc.) Act (Nigeria)
An Act to provide for the registration of the profession of architects by the Architects Registration Council of Nigeria, and for all other matters connected with that profession.
21. Armed Forces Comfort Fund Act (Nigeria)
An Act to establish the Armed Forces Comfort Fund primarily for the provision of comfort and relief to the members of the Armed Forces.
22. Armed Forces (Disciplinary Proceedings) (Special Provisions) Act (Nigeria)
An Act to enable the appropriate Council to take disciplinary proceedings against any person subject to military law irrespective of the institution or contemplation of criminal proceedings against him in any court on substantially the same grounds as that on which he is to be disciplined.
23. Armed Forces Pensions Act (Nigeria)
An Act consolidate all enactments dealing with pensions, war pensions and disability benefits and gratuities for members of the armed force of the Federation, taking into account the new pensions and gratuities scales devised for the armed forces.
24. Armed Forces (Verification and Settlement of Contracts) Act (Nigeria)
An Act to provide for the verification of claims arising from contracts and other arrangements entered into purported to have been entered into (during and after the civil war) for the supply of goods or the rendering of services to the armed forces.
25. Army Colour (Prohibition of Use) Act (Nigeria)
An Act to prohibit the use of army green colour (as specified in the Schedule) by vehicles other than Nigerian Army vehicles.
26. Associated Gas Re-
An Act to compel every company producing oil and gas in Nigeria to submit preliminary
programmes for gas re-
27. Bank Employees, Etc. (Declaration of Assets) Act (Nigeria)
An Act to make provisions for the declaration of assets by employees of banks operating
in Nigeria and to empower the President, Commander-
28. Banking Act (Nigeria)
An Act to define banking, make provisions for the establishment, licensing, operation, control and supervision of banks.
29. Banking (Freezing of Accounts) Act (Nigeria)
An Act to empower the President to, where he suspects or believes that any person has been involved in certain offences including bribery and abuse of office, issue directions causing investigation into the person’s account including restriction of the operation of such account in accordance wit the terms of the directions.
30. Bankruptcy Act (Nigeria)
An Act to make provisions for declaring as bankrupt any person who can not pay his debts of a specified amount and to disqualify him from holding certain elective and other public officers or from practising any regulated profession (except as an employee).
31. Banks (Motor Vehicle Loans) (Miscellaneous Provisions) Act (Nigeria)
An Act to prohibit the sale, disposal or parting with possession of a motor vehicle on which a bank loan is still outstanding and requires the Licensing Authority to enter all particulars on the loan in the Register.
32. Bayero University Act (Nigeria)
An Act to make provision for the establishment and incorporation of the Bayero University and to make comprehensive provisions for its due administration.
33. Bees (Import Control and Management) Act (Nigeria)
An Act to make provisions for the importation and management of bees and apicultural material.
Copyright © 2010 -
Nigerian Law Search Engine
