Constitution (alternate version)

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Chapter
The National Congress

Part I: General

Section 1. Legislative power shall be vested in the National Congress, hereinafter referred to as Congress, which shall consist of the Senate and the Chamber of Deputies.

to be continued

Part II: The Senate

Section 1. The Senate shall be composed of members appointed by the legislatures of each of the states of the Republic. Each state shall appoint ten senators, in the manner determined by the constitution of the state concerned.

Section 2. The term of office for Senators shall be six years.

Section 3. A Senator may be removed at any time from office by the legislature of the state from which he was appointed, by a vote of two-thirds of the members of the legislature concerned. In the event of such removal, the state legislature shall, as soon as practicable, appoint a Senator to hold the seat until the completion of the period for which the person in whose stead he is appointed would have held the seat.

Section 4. No person shall serve as Senator for more than two terms, consecutive or otherwise.

No Senator who has previously resigned his seat or been recalled by the legislature from which he was appointed shall be eligible for re-appointment to the Senate.

Section 5. The Senate shall, before proceeding to the dispatch of any other business, choose a Senator to be President of the Senate, and as often as the office of President becomes vacant the Senate shall again choose a Senator to be the President.

The President of the Senate shall cease to hold office if he ceases to be a Senator and he may be removed from the Presidency of the Senate by a vote of two-thirds of the members of the Senate, or he may resign as President of the Senate by writing under his hand addressed to the President of the Republic.

Prior to or during the absence of the President of the Senate, the Senate may choose a Senator to perform his duties in his absence.

Section 6. A Senator may, by writing under his hand addressed to the President of the Senate, resign his seat, which thereupon shall become vacant.

Whenever the seat of a Senator becomes vacant, whether in consequence of his resignation or otherwise, the legislature of the state from which the Senator was appointed shall, as soon as practicable, appoint a Senator to hold the seat until the completion of the period for which the person in whose stead he is appointed would have held the seat.

Section 7. All questions in the Senate shall be determined by a majority of votes of Senators present other than the President of the Senate or the presiding Senator, who shall, however, have and exercise a casting vote in the case of an equality of votes.

Part III: The Chamber of Deputies

Section 1. The Chamber of Deputies shall be composed of 150 members, directly chosen by the voters of the Republic in constituencies delimited as hereinafter provided.

Section 2. (1) ______ shall be divided into as many constituencies as there are members of the Chamber of Deputies in such manner as the competent authority, acting with the approval of each house of Congress signified by resolution, may prescribe.

(2) No constituency shall form part of more than one state and the boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable, provided that the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, the distribution of different communities, and the boundaries of the states.

(3) The competent authority shall review the division of ______ into constituencies at intervals of not less than five and not more than ten years and may alter the constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review: Provided that that authority may at any time carry out such a review and alter the constituencies in accordance with the provisions of this section to such extent as it considers necessary.

(4) Where the boundaries of any constituency established under this section are altered in accordance with the provisions of this section, that alteration shall come into effect after the expiration of the full term of all the members of Congress approving such alteration.

(5) In this section "population quota" means the number obtained by dividing the number of the inhabitants of _____ by the number of constituencies into which _____ is divided under this section.

(6) For the purposes of this section the number of inhabitants of _____ or any part thereof shall be ascertained by reference to the latest census of the population of _____.

(7) In this section "the competent authority" means the Electoral Commission of the Republic or such other authority consisting of a chairman appointed by the President of the Republic, and of members appointed in like manner to represent the states (each state being equally represented) as may be established in that behalf by Congress.

Section 3. (1) Every constituency established under Section 2 shall return to the Chamber of Deputies one member who shall be directly elected in such manner as may be prescribed by Congress.

(2) The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Electoral Commission of the Republic.

Section 4. The term of office for Deputies shall be four years.

Section 5. A Deputy may be recalled by the electorate of the constituency from which he was elected, as provided in this Section.

A petition to recall the Deputy must be signed by not less than fifty thousand electors of the constituency concerned, and delivered to the President of the Chamber of Deputies.

An election to determine whether to recall the Deputy and, if appropriate, to elect a successor shall be called by the President of the Chamber of Deputies and held not less than 30 days nor more than 60 days from the date of certification of sufficient signatures.

If a majority of the electorate votes in favor of recalling the Deputy, the Deputy shall thereupon resign his office, and, if there is a candidate, the candidate who receives a plurality shall succeed the Deputy. The candidate elected to succeed the Deputy shall hold his seat until the completion of the period for which the Deputy in whose stead he was elected would have held the seat.

If a majority of the electorate does not vote in favor of recalling the Deputy, a new petition to recall the Deputy may not be submitted sooner than 100 days after the conclusion of the election last held for the purpose of deciding whether to recall the Deputy.

Section 6. No person shall serve as Deputy for more than three terms, consecutive or otherwise.

No Deputy who has previously resigned his seat or been recalled by the electorate of his constituency shall be eligible for re-election to the Chamber of Deputies.

Section 7. The Chamber of Deputies shall, before proceeding to the dispatch of any other business, choose a Deputy to be President of the Chamber of Deputies, and as often as the office of President becomes vacant the Chamber of Deputies shall again choose a Deputy to be the President.

The President of the Chamber of Deputies shall cease to hold office if he ceases to be a Deputy and he may be removed from the Presidency of the Chamber of Deputies by a vote of two-thirds of the members of the Chamber, or he may resign as President of the Chamber of Deputies by writing under his hand addressed to the President of the Republic.

Prior to or during the absence of the President of the Chamber of Deputies, the Chamber may choose a Deputy to perform his duties in his absence.

Section 8. A Deputy may, by writing under his hand addressed to the President of the Chamber of Deputies, resign his seat, which thereupon shall become vacant.

Whenever the seat of a Deputy becomes vacant, whether in consequence of his resignation or otherwise, the President of the Chamber of Deputies shall, as soon as practicable, call an election in the constituency from which that Deputy was elected, to elect a successor. The person elected to succeed that Deputy shall hold his seat until the completion of the period for which the person in whose stead he was elected would have held the seat.

Section 9. All questions in the Chamber of Deputies shall be determined by a majority of votes of Deputies present other than the President of the Chamber of Deputies or the presiding Deputy, who shall, however, have and exercise a casting vote in the case of an equality of votes.

Ministers of Government of Federation

81. - (1) There shall be a Prime Minister of the Federation, who shall be appointed by the Governor-General.

(2) Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a member of the House of Representatives who appears to him likely to command the support of the majority of the members of the House.

(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government of the Federation as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the Governor-General, acting in accordance with the advice of the Prime Minister.

(4) Appointments to the office of Minister of the Government of the Federation other than the office of Prime Minister shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister.

(5) A person shall not hold office at the same time both as a Minister of the Government of the Federation and as a Minister of the Government of a Region.

(6) Subject to the provisions of subsection (11) of this section, a person who holds office as a Minister of the Government of the Federation for any period of four consecutive months without also being a Senator or a member of the House of Representatives shall cease to be a Minister at the expiration of that period or, if that period expires at a time when Parliament is dissolved and he does not in the meantime become a Senator or a member of the House of Representatives, at the date on which Parliament first meets after that dissolution.

(7) Subject to the provisions of subsection (11) of this section, a person who holds office as a Minister of the Government of the Federation and who is at no time while holding that office also a Senator or a member of the House of Representatives shall not be qualified for reappointment as such a Minister before Parliament is next dissolved after he ceases to hold that office, unless in the meantime he has become a Senator or a member of the House of Representatives.

(8) The office of the Prime Minister shall become vacant -

(a) when, after any dissolution of the House of Representatives, the Prime Minister is informed by the Governor-General that the Governor-General is about to reappoint him as Prime Minister or to appoint another person as Prime Minister; or

(b) if he ceases to be a member of the House of Representatives otherwise than by reason of a dissolution of Parliament.

(9) The office of a Minister of the Government of the Federation other than the Prime Minister shall become vacant if the office of Prime Minister becomes vacant.

(10) Subject to the provisions of subsections (8) and (9) of this section, the Ministers of the Government of the Federation shall hold office during the Governor-General's pleasure: Provided that -

(a) the Governor-General shall not remove the Prime Minister from office unless it appears to him that the Prime Minister no longer commands the support of a majority of the members of the House of Representatives; and

(b) the Governor-General shall not remove a Minister other than the Prime Minister from office except in accordance with the advice of the Prime Minister.

(11) The office of the Attorney-General of the Federation shall be that of a Minister of the Government of the Federation: Provided that--

(a) the provisions of subsections (6) and (7) of this section shall not apply in relation to a person holding that office;

(b) if the person holding that office is for any reason unable to perform the functions conferred upon him by this Constitution or any other law, those functions may be performed by such other person (whether or not that person is a Minister) as may from time to time be designated in that behalf by the Governor-General acting in accordance with the advice of the Prime Minister; and

(c) a person shall not be qualified to hold that office or to perform the functions conferred upon the person holding that office by this Constitution or any other law unless he is qualified for admission as an advocate in Nigeria and has been so qualified for at least ten years.

Establishment of Council of Ministers

82. – (1) There shall be a Council of Ministers for the Federation, whose function shall be to advise the Governor-General in the government of the Federation and which shall consist of the Prime Minister and such other persons, being Ministers of the Government of the Federation, as the Governor-General, acting in accordance with the advice of the Prime Minister, may from time to time appoint.

(2) A person appointed as a member of the Council of Ministers shall vacate his seat in the Council if he ceases to be a Minister of the Government of the Federation or if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs.

Collective responsibility

83. – (1) The Council of Ministers shall be collectively responsible to Parliament for any advice given to the Governor-General by or under the general authority of the Council and for all things done by or under the authority of any Minister of the Government of the Federation in the execution of his office.

(2) The provisions of this section shall not apply in relation to –

(a) the appointment and removal from office of Ministers of the Government of the Federation members of the Council of Ministers and Parliamentary Secretaries to Ministers, the assignment of portfolios to Ministers of the authorization of another member of the Council of Ministers to perform the functions of the Prime Minister during absence or illness;

(b) the dissolution of Parliament; or

(c) the matters referred to in section 94 of this Constitution (which relates to the prerogative of mercy)

Allocation of portfolios to Ministers

84. The Governor-General, acting in accordance with the advice of the Prime Minister, may assign to the Prime Minister or any other Minister of the Government of the Federation responsibility for any business of the Government of the Federation, including the administration of any department of government.

Performance of functions of Prime Minister during absence or illness

85. – (1) Whenever the Prime Minister is absent from Nigeria or is by reason of illness unable to perform the functions conferred upon him by his Constitution, the Governor-General may authorize some other member of the Council of Ministers of the Federation to perform those functions (other than the functions conferred by this section) and that member may perform those functions until his authority is revoked by the Governor-General.

(2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister: Provided that if the Governor-General considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness he may exercise those powers without that advice. Exercise of Governor-General’s powers

86. - (1) In the exercise of his functions under this Constitution or any other law the Governor-General shall act in accordance with the advice of the Council of Ministers or a Minister of the Government of the Federation acting under the general authority of the Council of Ministers except in cases where by this Constitution he is required to act in accordance with the advice of any person or authority other than the Council of Ministers: Provided that the Governor-General shall act in accordance with his own deliberate judgment in the performance of the following

(a) in the exercise of the powers relating to the dissolution of Parliament conferred upon him by the proviso to subsection (4) of section 63 of this Constitution;

(b) in the exercise of the power to appoint the Prime Minister conferred upon him by subsection (2) of section 81 of this Constitution;

(c) in the exercise of the powers conferred upon him by section 85 of this Constitution (which relates to the performance of the functions of the Prime Minister during absence or illness) in the circumstances described in the proviso to subsection (2) of that section; and

(d) in signifying his approval for the purposes of section 141 of this Constitution of an appointment to an office on his personal staff.

(2) Where by this Constitution the Governor-General is required to act in accordance with the advice of any person or authority, the question whether he has in any case received, or acted in accordance with, such advice shall not be enquired into in any court of law. Governor-General to be informed concerning matters of government

87. The Prime Minister shall keep the Governor-General fully informed concerning the general conduct of the government of the Federation and shall furnish the Governor-General with such information as he may request with respect to any particular matter relating to the government of the Federation. Parliamentary Secretaries

88. - (1) The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among .the Senators and the members of the House of Representatives to assist Ministers of the Government of the Federation in the performance of their duties.

(2) The office of a Parliamentary Secretary shall become vacant-

(a) if he ceases to be a member of one or other House of Parliament otherwise than by reason of a dissolution of Parliament;

(b) if the office of Prime Minister becomes vacant; or

(c) if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs. Oaths to be taken by Ministers, etc.

89. A member of the Council of Ministers, Minister of the Government of the Federation or Parliamentary Secretary to such a Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament. Permanent Secretaries

90. Where any Minister of the Government of the Federation has been charged with responsibility for any department of government, he shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a permanent secretary, whose office shah be an office in the public service of the Federation: Provided that two or more government departments may be placed under the supervision of one permanent secretary. Constitution of offices for Federation, etc.

91. Subject to the provisions of this Constitution and of any Act of Parliament, the Governor-General, in Her Majesty's name and on Her Majesty's behalf, may constitute offices for the Federation, make appointments to any such office and terminate any such appointment. Delegation of executive authority of Federation

9.2. - (1) The Governor-General may, with the consent of the Governor of a Region, entrust either conditionally or unconditionally to the Governor or to any officer or authority of that Region functions in relation to any matter to which the executive authority of the Federation extends falling to be performed within that Region: Provided that the consent of the Governor shall not be required during any such period as is referred to in section 65 or 66 of this Constitution.

(2) An Act of Parliament may include provision conferring powers or imposing duties, or authorising the conferring of powers or the imposition of duties, upon the Governor of a Region or any officer or authority of a Region: Provided that, save during any such period as is referred to in section 65 or 66 of this Constitution, no provision made in pursuance of this section shall have effect in relation to any Region unless the Governor has consented to its having effect. Delegation of executive authority of Region

93. - (1) The Governor of a Region may, with the consent of the Governor-General, entrust either conditionally or unconditionally to the Governor-General or to any officer or authority of the Federation functions in relation to any matter to which the executive authority of the Region extends.

(2) A law enacted by the legislature of a Region may include provision conferring powers or imposing duties, or authorising the conferring of powers or the imposition of duties, upon the Governor- General or any officer or authority of the Federation: Provided that no provision made in pursuance of this subsection shall have effect unless the Governor-General has consented to its having effect.

Prerogative of mercy

94. - (1) The Governor-General may, in Her Majesty's name and on Her Majesty's behalf -

(a) grant to any person concerned in or convicted of any offence created by or under an Act of Parliament a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence;

(c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or

(d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the Crown on account of such an offence.

(2) Subject to the provisions of subsection (3) of this section, the powers of the Governor-General under subsection (1) of this section shall be exercised by him in accordance with the advice of such member of the Council of Ministers as may from time to time be designated in that behalf by the Governor-General, acting in accordance with the advice of the Prime Minister.

(3) In relation to persons concerned in offences against naval, military or air-force law or convicted or sentenced by courts-martial, the Governor-General, acting in accordance with the advice of the Prime Minister, may designate a member of the Council of Ministers other than the member designated for the purposes of subsection (2) of this section and at any time when there is another member so designated the powers of the Governor-General under subsection (1) of this section shall, in relation to such persons, be exercised in accordance with the advice of that other member.

(4) The provisions of this section shall apply -

(a) in relation to any offence created by or under any law in force in the Federal territory, not being an offence created by or under an Act of Parliament; and'

(b) in relation to any offence created by or under any law in force in a Region relating to any matter included in the Exclusive Legislative List or the Concurrent Legislative List, not being an offence created by or under an Act of Parliament or a law made by the Legislature of that Region, as they apply in relation to an offence created by or under an Act of Parliament. Establishment of Advisory Council on Prerogative of Mercy

95. - (1) There shall be for the Federation an Advisory Council on the Prerogative of Mercy, which shall consist of -

(a) such member of the Council of Ministers of the Federation as may for the time being be designated under subsection (2) of section 94 of this Constitution, who shall be chairman;

(b) where the chairman is a Minister other than the Attorney- General of the Federation, the Attorney-General; and

(c) not less than five and not more than seven other members, who shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, of whom at least one shall be a person who is qualified to practise as a medical practitioner in Nigeria.

(2) A person shall not be qualified for appointment by the Governor-General as a member of the Advisory Council if he is a member of either House of Parliament, a member of a legislative house of a Region, a Minister of the Government of the Federation or a Minister of the Government of a Region.

(3) A member of the Advisory Council appointed by the Governor-General shall hold office for three years: Provided that his seat on the Council shall become vacant--

(a) if any circumstances arise that, if he were not a member of the Council, would cause him to be disqualified for appointment as such; or

(b) if he is removed from office by the Governor-General, acting in accordance with the advice of the Prime Minister, for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour.

Functions of Advisory Council

96. - (1) Where any person has been sentenced to death by any court of law in Nigeria other than a court-martial for any offence created by or under an Act of Parliament the member of the Council of Ministers designated under subsection (2) of section 94 of this Constitution shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the member may require, to be taken into consideration at a meeting of the Advisory Council; and after obtaining the advice of the Council the member shall decide in his own deliberate judgment whether to recommend to the Governor- General that he should exercise any of his powers under that section in relation to that person.

(2) The member of the Council of Ministers designated under subsection (2) of section 94 of this Constitution may consult with the Advisory Council before making any recommendation to the Governor-General under that subsection in any case not falling within subsection (1) of this section but he shall not be obliged to act in accordance with the advice of the Council.

(3) The Advisory Council may regulate its own procedure.

Public prosecutions

97. - (1) There shall be a Director of Public Prosecutions for the Federation, whose office shall be an office in the public service of the Federation.

(2) The Director of Public Prosecutions of the Federation shall have power in any case in which he considers it desirable so to do -

(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a courtmartial in respect of any offence created by or under any Act of Parliament;

(b) to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

(3) The powers of the Director of Public Prosecutions of the Federation under subsection (2) of this section may be exercised by him in person or through members of his staff acting under and in accordance with his general or special instructions.

(4) The Director of Public Prosecutions of the Federation may confer a general or special authority upon the Director of Public Prosecutions of a Region to exercise, subject to such conditions and exceptions as he may think fit, any of the powers conferred upon him by subsection (2) of this section in relation to prosecutions in that Region and may vary or revoke any such authority.

(5) The. powers conferred upon the Director of Public Prosecutions of the Federation by paragraphs (b) and (c) of subsection (2) of this section shah be vested in him to the exclusion of any other person or authority: Provided that, where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.

(6) In the exercise of the powers conferred upon him by this section the Director of Public Prosecutions of the Federation shall not be subject to the direction or control of any other person or authority.

(7) For the purposes of this section any appeal from any deterruination in any criminal proceedings before any court of law or any case stated or question of law reserved for the purposes of any such proceedings to any other court or to Her Majesty in Council shall be deemed to be part of those proceedings.

(8) The provisions of this section shall apply--

(a) in relation to any offence created by or under any law in force in the Federal territory, not being an offence created by or under an Act of Parliament; and

(b) in relation to any offence created by or under any law in force in a Region relating to any matter included in the Exclusive Legislative List or the Concurrent Legislative List, not being an offence created by or under an Act of Parliament or a law made by the Legislature of that Region, as they apply in relation to an offence created by or under an Act of Parliament.