constitution - harmonised final
TRANSCRIPT
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 1/51
1
REPORT OF THE CONFERENCE COMMITTEE FOR A BILL FOR AN ACT TO ALTER
THE PROVISIONS OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 AND FOR OTHER
MATTERS CONNECTED THERETO 2010
Section Provisions of theConstitution/Principal Act
Senate Bill as Passed House of Reps Bill as Passed Harmonized Remarks
Section 65Qualifications for election
(1)… a person shall be qualifiedfor election as a member of-
(a) the Senate, if he is a citizen of
Nigeria and has attained the ageof thirty five years; and
(b) the House of Representatives,if he is a citizen of Nigeria andhas attained the age of thirtyyears;
(2) A person shall be qualified forelection under subsection (1) of this section if –
(a) he has been educated up toat least school certificate level orits equivalent; and
(b) he is a member of a political
Qualification for election
Retained as in Principal Act
(2) A person shall be qualified forelection under subsection (1) of this section if –
(a) he has been educated up toat least school certificate tertiary
level and obtained therelevant certificates; and
(b) he is a member of a political
Qualification for election
(1)… a person shall be qualifiedfor election as a member of-
(a) the Senate, if he is a citizen
of Nigeria and has attained theage of thirty five forty years;and
(b) the House of Representatives,if he is a citizen of Nigeria andhas attained the age of thirtythirty-five years;
(2) A person shall be qualified forelection under subsection (1) of this section if –
(a) he has been educated up toat least school certificate diploma
level or its equivalent andobtained the relevantcertificates, or has served asa member of the National
Assembly; and
(b) he is a member of a political
Qualification for election
1. Retained as in Principal Act
(2) A person shall be qualifiedfor election under subsection(1) of this section if –
(a) he has been educated upto at least school certificatediploma level or its equivalent
and obtained the relevantcertificates, or has servedas a member of theNational Assembly; and
(b) he is a member of a
Senate
House
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 2/51
2
party and is sponsored by thatparty.
party and is sponsored by thatparty or he is an independentcandidate.
(3) A person standing for electionas an independent candidate shallbe qualified for election if he isnominated by not less than thirtyten registered voters in eachof at least two thirds of thewards in the SenatorialDistrict in the case of aSenator or and forty fifteenregistered voters for senatorialand House of Representativesrespectively each of whosesignatures on the nominationform shall be verified andauthenticated as provided by law,from in each of at least two-thirds of the electoral wards inthe relevant electoral in afederal constituency , in thecase of a member of House of Representative, whosesignatures on the nomination
form shall be verified by theIndependent NationalElectoral Commission.
party and is sponsored by thatparty or he is an independentcandidate.
Nil
political party and is sponsoredby that party or he is anindependent candidate.
Nil House
Section 66 Disqualifications
(1) No person shall be qualifiedfor election to the Senate or theHouse of Representatives if –
(h) he has been indicted for
Disqualifications
(h) he has been indicted for
Disqualifications
(h) Retained as in Principal Act
Disqualifications
Deleted Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 3/51
3
embezzlement or fraud by aJudicial Commission of inquiry oran Administrative Panel of Inquiryor a Tribunal set up under theTribunals of Inquiry Act, a
Tribunal of Inquiry law or anyother Law by the Federal or StateGovernment which indictment hasbeen accepted by the Federal orState Government, respectively;
embezzlement or fraud by aJudicial Commission of inquiry oran Administrative Panel of Inquiryor a Tribunal set up under theTribunals of Inquiry Act, a
Tribunal of Inquiry law or anyother Law by the Federal or StateGovernment which indictment hasbeen accepted by the Federal orState Government, respectively;
Section 68 Tenure of seat of members
(1) A member of the Senate orof the House of Representativesshall vacate his seat in the House
of which he is a member if –
(g) “being a person whoseelection to the House was
sponsored by a political party, hebecomes a member of anotherpolitical party before theexpiration of the period for whichthat House was elected;
Provided that his membershipof the latter political party is notas a result of a division in the
political party of which he waspreviously a member or a mergerof two or more political parties orfactions by one of which he waspreviously sponsored”
Tenure of seat of members
(g) being a person whoseelection to the House was
sponsored by a political party, hebecomes a member of anotherpolitical party before theexpiration of the period for whichthat House was elected;
Provided that his membershipof the latter political party is notas a result of a division in the
political party of which he waspreviously a member or a mergerof two or more political parties orfactions by one of which he waspreviously sponsored”
Tenure of seat of members
(g)
(i) “being a person whoseelection to the House was
sponsored by a political party, hebecomes a member of anotherpolitical party before theexpiration of the period for whichthat House was elected;Provided that his membership of the latter political party is not asa result of a division in the
political party of which he waspreviously a member or a mergerof two or more political partiesor factions by one of which hewas previously sponsored” ;
(ii) being a person who waselected as an independentcandidate, he becomes amember of any political party
Tenure of seat of members
1. (g) Deleted Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 4/51
4
before the expiration of theperiod for which that House waselected;
(iii) he resigns as a member of
the political party on whoseplatform he was elected beforethe expiration of the period forwhich that House was elected,provided that where a person isexpelled from the political partyon whose platform he waselected, before the expiration of the period for which that Housewas elected, he shall retain hisseat if he does not join anotherpolitical party.
Section 69 Recall
A member of the Senate or of the
House of Representatives may berecalled as such a member if – (a) there is presented to theChairman of the IndependentNational Electoral Commission apetition in that behalf signed bymore than one half of the personsregistered to vote in that
member’s constituency allegingtheir loss of confidence in thatmember; and
(b) the petition is thereafter, in areferendum conducted by theIndependent National ElectoralCommission within ninety days of the date of receipt of the petition,approved by a simple majority of
Recall
A member of the Senate or of the
House of Representatives may berecalled as such a member if – (a) there is presented to theChairman of the IndependentNational Electoral Commission apetition in that behalf signed bymore than one half of the personsregistered to vote in that
member’s constituency allegingtheir loss of confidence in thatmember and which signaturesare duly verified by theIndependent NationalElectoral Commission; and
Recall
Retained as in Principal Act
Recall
A member of the Senate or of
the House of Representativesmay be recalled as such amember if – (a) there is presented to theChairman of the IndependentNational Electoral Commissiona petition in that behalf signedby more than one half of the
persons registered to vote inthat member’s constituencyalleging their loss of confidence in that memberand which signatures areduly verified by theIndependent NationalElectoral Commission; and
Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 5/51
5
the votes of the personsregistered to vote in thatmember’s constituency.
Section 75 Ascertainment of population
For the purpose of section 72 of this Constitution, the number of inhabitants of Nigeria or any partthereof shall be ascertained byreference to the 1991 census of the population of Nigeria or thelatest census held in pursuance of an Act of the National Assemblyafter the coming into force of theprovisions of this part of thischapter of this constitution.
Ascertainment of population
For the purpose of section 72 of this Constitution, the number of inhabitants of Nigeria or any partthereof shall be ascertained byreference to the 1991 census of the population of Nigeria or thelatest census held in pursuance of an Act of the National Assemblyafter the coming into force of theprovisions of this part of thischapter of this constitution.
Ascertainment of population
For the purpose of section 72 of this Constitution, the number of inhabitants of Nigeria or any partthereof shall be ascertained byreference to the 1991 census of the population of Nigeria or thelatest census held in pursuanceof an Act of the National
Assembly after the coming intoforce of the provisions of thispart of this chapter of thisconstitution.
Ascertainment of population
For the purpose of section 72of this Constitution, thenumber of inhabitants of Nigeria or any part thereof shall be ascertained byreference to the 1991 censusof the population of Nigeria orthe latest census held inpursuance of an Act of theNational Assembly after thecoming into force of theprovisions of this part of thischapter of this constitution.
Same
Section 76 Time of election to theNational Assembly
(1) Elections to each House of theNational Assembly shall be heldon a date to be appointed by theIndependent National Electoral
Commission.
(2) The date mentioned insubsection (1) of this sectionshall not be earlier than sixtydays before and not later thanthe date on which the Housestands dissolved, or where the
Time of election to theNational Assembly
(1) Elections to each House of theNational Assembly shall be heldon a date to be appointed by theIndependent National Electoral
Commission.
(2) The date mentioned insubsection (1) of this section shallnot be earlier than sixty daysbefore and one hundred andfifty days and not later than thedate on which the ninety days
Time of election to theNational Assembly
(1) Elections to each House of the National Assembly shall beheld on a date to be appointedby the Independent National
Electoral Commission inaccordance with the Electoral
Act..
(2) The date mentioned insubsection (I) of this section shallnot be earlier than sixty daysbefore and one hundred andfifty days and not later than thedate on which the one hundred
Time of election to theNational Assembly
(1) Elections to each House of the National Assembly shall beheld on a date to be appointedby the Independent National
Electoral Commission inaccordance with theElectoral Act.
(2) The date mentioned insubsection (1) of this sectionshall not be earlier than sixtydays before and onehundred and fifty days andnot later than the date on
House
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 6/51
6
election is to fill a vacancyoccurring more than three monthbefore such date, not later thanone month after the vacancyoccurred.
before the date on which the House stands dissolved, or wherethe election is to fill a vacancyoccurring more than ninety days before such date, not later than
thirty days after the vacancyoccurred.
and twenty days before thedate on which the Housestands dissolved, or where theelection is to fill a vacancyoccurring more than three
months before such date, notlater than one month after thevacancy occurred.
which the one hundred andtwenty days before thedate on which the Housestands dissolved, or where theelection is to fill a vacancy
occurring more than ninetydays before such date, notlater than thirty days afterthe vacancy occurred.
Section81
Authorization of expenditurefrom the ConsolidatedRevenue Fund
(3) Any amount standing to thecredit of the Judiciary in theconsolidated Revenue Fund of theFederation shall be paid directlyto the National Judicial Council fordisbursement to the heads of theCourts established for the
Federation and States underSection 6 of this constitution.
Authorization of expenditurefrom the ConsolidatedRevenue Fund
(3) The amount standing to thecredit of the-
(a) Independent NationalElectoral Commission,
(b) National Assembly,(c) Judiciary;
in the Consolidated Revenue Fund
of the Federation shall be paiddirectly to the said bodiesrespectively; in the case of theJudiciary, such amount shall bepaid to the National JudicialCouncil for disbursement to theheads of the courts establishedfor the federation and the States
under section 6 of thisConstitution.
Authorization of expenditurefrom the ConsolidatedRevenue Fund
(3) The amount standing to thecredit of the-
(a) Independent NationalElectoral Commission,
(b) National Assembly,(c) Judiciary;
in the Consolidated Revenue
Fund of the Federation shall bepaid directly to the said bodiesrespectively; in the case of theJudiciary, such amount shall bepaid to the National JudicialCouncil for disbursement to theheads of the courts establishedfor the federation and the States
under section 6 of thisConstitution.
Authorization of expenditure from theConsolidated RevenueCund
As passed by both HousesSame
Section 84 Remuneration, etc of thePresident and certain otherofficers,
Remuneration, etc of thePresident and certain otherofficers,
(8) The recurrent expenditureof the Independent NationalElectoral Commission in
Remuneration, etc of thePresident and certain otherofficers,
(8) The recurrent expenditureof the Independent NationalElectoral Commission in
Remuneration, etc of thePresident and certain otherofficers,
(8) The recurrent expenditure
of the Independent NationalElectoral Commission inaddition to salaries and
House
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 7/51
7
addition to election expensesshall be a charge upon theConsolidated Revenue Fundof the Federation.
addition to Salaries andallowances of the Chairmanand Members of theCommission shall be a chargeupon the Consolidated
Revenue Fund of theFederation.
allowances of the Chairman
and members shall be acharge upon the ConsolidatedRevenue Fund of theFederation.
Section106
Qualifications for elections.
Subject to the provisions of section 107 of this Constitution, aperson shall be qualified forelection as a member of a Houseof Assembly if – (d) he is a member of a politicalparty and is sponsored by that
party.
Qualifications for elections.
(1) (d) he is a member of apolitical party and is sponsored bythat party or he is anindependent candidate.
(2) A person standing for anelection to a House of Assemblyas an independent candidate shallbe qualified for an election if he isnominated by not less than fiftytwenty registered voters in eachof at least two-thirds of thewards in the constituencyeach of whose signatures on the
nomination form shall be verifiedand authenticated as provided by
the Independent NationalElectoral Commission. from atleast two-thirds of the electoralwards in the relevant electoralconstituency” .
Qualifications for elections.
(1) (d) he is a member of apolitical party and is sponsoredby that party or he is anindependent candidate.
Nil
Qualifications for elections.
(1) (d) he is a member of apolitical party and is sponsoredby that party or he is anindependent candidate.
Nil
Same
House
Section107
Disqualifications Disqualifications Disqualifications Disqualifications
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 8/51
8
(1) No person shall be qualifiedfor election to a House of
Assembly if –
(h) he has been indicted for
embezzlement or fraud by aJudicial Commission of inquiry oran Administrative Panel of Inquiryor a Tribunal set up under theTribunals of Inquiry Act, aTribunal of Inquiry law or anyother Law by the Federal or StateGovernment which indictment hasbeen accepted by the Federal orState Government, respectively;
(h) he has been indicted forembezzlement or fraud by a
Judicial Commission of inquiry oran Administrative Panel of Inquiryor a Tribunal set up under theTribunals of Inquiry Act, aTribunal of Inquiry law or anyother Law by the Federal or StateGovernment which indictment hasbeen accepted by the Federal orState Government, respectively;
Retained as in Principal Act Deleted Senate
Section
109Tenure of seat of members
(1) A member of a House of Assembly shall vacate his seat in
the House of which he is amember if –
(g) “being a person whoseelection to the House of Assemblywas sponsored by a politicalparty, he becomes a member of another political party before the
expiration of the period for whichthat House was elected;
Provided that his membershipof the latter political party is notas a result of a division in thepolitical party of which he waspreviously a member or a mergerof two or more political parties orfactions by one of which he waspreviously sponsored”
Tenure of seat of members
(1) A member of a House of Assembly shall vacate his seat in
the House of which he is amember if –
(g) “being a person whoseelection to the House of Assemblywas sponsored by a politicalparty, he becomes a member of another political party before the
expiration of the period for whichthat House was elected;
Provided that his membershipof the latter political party is notas a result of a division in thepolitical party of which he waspreviously a member or a mergerof two or more political parties orfactions by one of which he waspreviously sponsored”
Tenure of seat of members
(g)
(i) “being a person whoseelection to the House wassponsored by a political party, hebecomes a member of anotherpolitical party before theexpiration of the period for whichthat House was elected;
Provided that his membership of the latter political party is not asa result of a division in thepolitical party of which he waspreviously a member or a mergerof two or more political partiesor factions by one of which hewas previously sponsored” ;
(ii) being a person who waselected as an independent
Tenure of seat of members
1. (g) Deleted Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 9/51
9
candidate, he becomes amember of any political partybefore the expiration of theperiod for which that House waselected;
(iii) he resigns as a member of the political party on whoseplatform he was elected beforethe expiration of the period forwhich that House was elected,provided that where a person isexpelled from the political partyon whose platform he waselected, before the expiration of the period for which that Housewas elected, he shall retain hisseat if he does not join anotherpolitical party.
Section110
Recall
110. A member of the House of Assembly may be recalled as sucha member if -(a) there is presented to theChairman of the IndependentNational electoral Commission apetition in that behalf signed by
more than one-half of thepersons registered to vote in thatmember’s constituency allegingtheir loss of confidence in thatmember; and
Recall
A member of the House of Assembly may be recalled assuch a member if -(a) there is presented to theChairman of the IndependentNational electoral Commission apetition in that behalf signed by
more than one-half of thepersons registered to vote in thatmember’s constituency allegingtheir loss of confidence in thatmember and which signaturesare duly verified by theIndependent NationalElectoral Commission; and
Recall
Retained as in Principal Act
Recall
A member of the House of Assembly may be recalledas such a member if -(a) there is presented to theChairman of the IndependentNational electoral Commissiona petition in that behalf signed
by more than one-half of thepersons registered to vote inthat member’s constituencyalleging their loss of confidence in that memberand which signatures areduly verified by theIndependent NationalElectoral Commission; and
Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 10/51
10
Section116
Time of elections to House of Assembly
(1) Elections to a House of Assembly shall be held on a date
to be appointed by theIndependent National ElectoralCommission.
(2) The date mentioned insubsection (I) of this sectionshall not be earlier than sixtydays before and not later thanthe date on which the Housestands dissolved, or where theelection is to fill a vacancyoccurring more than three monthbefore such date, not later thanone month after the vacancyoccurred.
Time of elections to House of Assembly
(1) Elections to a House of Assembly shall be held on a date
to be appointed by theIndependent National ElectoralCommission.
(2) The date mentioned insubsection (I) of this section shallnot be earlier than sixty daysbefore and One hundred andfifty days not later than ninetydays before the date on whichthe date on which the Housestands dissolved, or where theelection is to fill a vacancyoccurring more than ninety days before such date, not later thanthirty days after the vacancyoccurred.
Time of elections to House of Assembly
(1) Elections to a House of Assembly shall be held on a date
to be appointed by theIndependent National ElectoralCommission in accordancewith the Electoral Act.
(2) The date mentioned insubsection (I) of this section shallnot be earlier than sixty daysbefore and One hundred andfifty days not later than onehundred and twenty days before the date on which thedate on which the House standsdissolved, or where the electionis to fill a vacancy occurring morethan ninety days before suchdate, not later than thirty days after the vacancy occurred.
Time of elections to Houseof Assembly
(1) Elections to a House of Assembly shall be held on a
date to be appointed by theIndependent National ElectoralCommission in accordancewith the Electoral Act.
(2) The date mentioned insubsection (I) of this sectionshall not be earlier than sixtydays before and Onehundred and fifty days notlater than one hundred andtwenty days before the dateon which the date on whichthe House stands dissolved, orwhere the election is to fill avacancy occurring more thanninety days before suchdate, not later than thirtydays after the vacancyoccurred.
House
Section119
Power of National Assemblyas to determination of certainquestions
119. The National Assembly shallmake provisions as respects –
(a) persons who may apply to anelection tribunal for thedetermination of any question asto whether -
(i) any person has been validly
Power of National Assemblyas to determination of certainquestions
Retained as in Principal Act
Power of National Assemblyas to determination of certain questions
119. The National Assembly shallmake provisions as respects –
(a) persons who may apply to anelection tribunal for thedetermination of any question asto whether -
(i) any person has been validly
Power of National Assembly as todetermination of certain
questions
Retained as in Principal Act Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 11/51
11
elected as a member of a Houseof Assembly,
(ii) the term of office of anyperson has ceased, or
(iii) the seat in a House of Assembly of a member of thatHouse has become vacant;
(b) circumstances and manner inwhich, and the conditions uponwhich, such application may bemade; and
(c) powers, practice andprocedure of the election tribunalin relation to any suchapplication.
elected as a member of a Houseof Assembly,
(ii) the term of office of anyperson has ceased, or
(iii) the seat in a House of Assembly of a member of thatHouse has become vacant;
(b) circumstances and manner inwhich, and the conditions uponwhich, such application may bemade; and
(c) powers, practice andprocedure of the election tribunalin relation to any suchapplication.
Section121
Authorization of Expenditure
from Consolidated RevenueFund
(3) Any amount standing to thecredit of the judiciary in theConsolidated Revenue Fund of the State shall be paid directly tothe heads of the courts
concerned.
Authorization of Expenditure
from Consolidated RevenueFund
(3) Any amount standing to thecredit of the House of Assemblyor the judiciary in theConsolidated Revenue Fund of the State shall be paid directly to;
(a) the House of Assemblyof the State; and
(b) the heads of the courtsconcerned; respectively.”
Authorization of Expenditure
from Consolidated RevenueFund
(3) Any amount standing to thecredit of the House of Assemblyor the judiciary in theConsolidated Revenue Fund of the State shall be paid directly to;
(a) the House of Assemblyof the State; and
(b) the heads of the courtsconcerned; respectively.”
Authorization of
Expenditure fromConsolidated RevenueFund
As Passed by Both Houses Same
Section131
Qualification for Election asPresident
A Person shall be qualified forelection to the office of Presidentif-
Qualification for Election asPresident
(1) A Person shall be qualified forelection to the office of Presidentif-
Qualification for Election asPresident
(1) A Person shall be qualified forelection to the office of Presidentif-
Qualification for Electionas President
(1) As Passed by both Houses Same
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 12/51
12
(a) he is a citizen of Nigeria bybirth;
(b) he has attained the age of forty years;
(c) he is a member of a politicalparty and is sponsored by thatpolitical party; and
(d) he has been educated up toat least school Certificate level orits equivalent.
(a) he is a citizen of Nigeria bybirth;
(b) he has attained the age of forty years;
(c) he is a member of a politicalparty and is sponsored by thatpolitical party or he is anindependent candidate; and
(d) he has been educated up toat least school Certificatetertiary level or its equivalentand obtained the relevantcertificates.
“(2) A person standing for ancandidate who intends tocontest election to the office of President as an independentcandidate shall be qualified forelection if he is nominated by notless than ten one registeredvoters, in each of at least twothirds of the wards in theFederation, whose signatures on
the nomination form shall beverified certified as provided bylaw, from at least two-thirds of the electoral wards of theelectoral constituency by theIndependent NationalElectoral Commission.” .
(a) he is a citizen of Nigeria bybirth;
(b) he has attained the age of forty years;
(c) he is a member of a politicalparty and is sponsored by thatpolitical party or he is anindependent candidate; and
(d) he has been educated up toat least school Certificatetertiary level or its equivalentand obtained the relevantcertificates.
NilNil House
Section132
Election of the President:general
Election of the President:general
Election of the President:general
Election of the President:general
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 13/51
13
(1) An election to the office of President shall be held on a dateto be appointed by theIndependent National ElectoralCommission.
(2) An election to the said officeshall be held on a date not earlierthan sixty days and not later thanthirty days before the expirationof the term of office of the lastholder of that office.
Nil
(2) An election to the said officeshall be held on a date not earlierthan sixty one hundred andfifty days and not later thanthirty ninety days before theexpiration of the term of office of the last holder of that office.
(1) An election to the office of President shall be held on a dateto be appointed by theIndependent National ElectoralCommission in accordance
with the Electoral Act.
(2) An election to the said officeshall be held on a date not earlierthan sixty one hundred andfifty days and not later thanthirty one hundred andtwenty days before theexpiration of the term of office of the last holder of that office
(1) An election to the office of President shall be held on adate to be appointed by theIndependent National ElectoralCommission in accordance
with the Electoral Act.
(2) An election to the saidoffice shall be held on a datenot earlier than sixty onehundred and fifty days andnot later than thirty onehundred and twenty daysbefore the expiration of theterm of office of the lastholder of that office
House
Section
135Tenure of Office of President
(1) Subject to the provisions of this Constitution, a person shallhold the office of President until -
(a) when his successor in officetakes the oath of that office;
(b) he dies whilst holding suchoffice; or
(c) the date when his resignation
from office takes effect;
Tenure of Office of President
Nil
Tenure of Office of President
(dd) “being a person whoseelection to the office of President
was sponsored by a politicalparty, he becomes a member of another political party before theexpiration of the period for whichthat House was elected;Provided that his membership of the latter political party is not asa result of a merger of two or
more political parties or factionsby one of which he waspreviously sponsored” ;
(ee) being a person who waselected as an independentcandidate, he becomes amember of any political partybefore the expiration of theperiod for which he was elected;
Tenure of Office of President
(1) Retained as in Principal Act Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 14/51
14
(2)Subject to the provisions of subsection (1) of this section thePresident shall vacate his office atthe expiration of a period of fouryears commencing from the date,when:
(c) in the determination of thefour year term, where a re-run election has taken placeand the person earlier swornin wins the re-run election,the time spent in the officebefore the date the electionwas annulled, shall be takeninto account.
(iii) he resigns as a member of the political party on whoseplatform he was elected beforethe expiration of the period for
which he was elected, providedthat where a person is expelledfrom the political party on whoseplatform he was elected, beforethe expiration of the period forwhich he was elected, he shallretain his seat if he does not joinanother political party. (c) in the determination of
the four year term, wherea re-run election has takenplace and the personearlier sworn in wins there-run election, the timespent in the office beforethe date the election wasannulled, shall be takeninto account.
Senate
Section137
Disqualifications
(1) A Person shall not be qualifiedfor election to the office of President if-(e) within a period of less than
ten years before the date of theelection to the office of Presidenthe has been convicted andsentenced for an offenceinvolving dishonesty or he hasbeen found guilty to thecontravention of the code of conduct.
(i) he has been indicted for
Disqualifications
Retained as in the Principal Act
(i) he has been indicted forembezzlement or fraud by a
Disqualifications
Retained as in Principal Act
Retained as in Principal Act
Disqualifications
Retained as in Principal Act
Deleted
Same
Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 15/51
15
embezzlement or fraud by aJudicial Commission of Inquiry oran Administrative Panel of Inquiryor a Tribunal set up under theTribunal of Inquiry Act, a
Tribunals of Inquiry Law or anyother law by the Federal or StateGovernment which indictment hasbeen accepted by the Federal or
State Government respectively.
Judicial Commission of Inquiry oran Administrative Panel of Inquiryor a Tribunal set up under theTribunal of Inquiry Act, aTribunals of Inquiry Law or any
other law by the Federal or StateGovernment which indictment hasbeen accepted by the Federal or
State Government respectively.
Section139
Determination of certainquestions relating toelections
139. The National Assembly shall
by an Act make provisions asrespects -
(a) persons who may apply to theCourt of Appeal for thedetermination of any question asto whether;
(i) any person has been validlyelected to the office of Presidentor Vice-President
(ii) the term of office of the
President or Vice President hascease, or
(iii) the office of the President or Vice-President has become vacant
(b) circumstances and manner inwhich, and the conditions upon
Determination of certainquestions relating toelections
Retained as in the Principal Act
Determination of certainquestions relating toelections
139. The National Assembly shall
by an Act make provisions asrespects -
(a) persons who may apply tothe Court of Appeal for thedetermination of any question asto whether;
(i) any person has been validlyelected to the office of Presidentor Vice-President
(ii) the term of office of the
President or Vice President hascease, or
(iii) the office of the President or Vice-President has becomevacant
(b) circumstances and manner in
Determination of certainquestions relating toelections
Retained as in Principal Act Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 16/51
16
which such application may bemade; and
(c) powers, practice andprocedure of the Court of Appeal
in relation to any suchapplication.
which, and the conditions uponwhich such application may bemade; and
(c) powers, practice and
procedure of the Court of Appealin relation to any suchapplication.
Section145
Acting President during
temporary absence of President
145. Whenever the Presidenttransmits to the President of theSenate and the Speaker of theHouse of Representatives a
written declaration that he isproceeding on vacation or that heis otherwise unable to dischargethe functions of his office, until hetransmits to them a writtendeclaration to the contrary suchfunctions shall be discharged bythe Vice-President as ActingPresident.
Acting President during
temporary absence of President
“(1) Whenever the President isproceeding on vacation or isotherwise unable to discharge the
functions of his office, he shalltransmit a written declaration tothe President of the Senate andthe Speaker of the House of Representatives to that effect,and until he transmits to them awritten declaration to thecontrary, the Vice President shallperform the functions of thePresident as Acting President.
(2) In the event that the
President is unable or fails totransmit the written declarationmentioned in subsection (1) of this section within 14 days, theNational Assembly shall by aresolution made by a simplemajority of the vote of eachHouse of the National Assemblymandate the Vice President toperform the functions of the
Acting President during
temporary absence of President
“(1) Whenever the President isproceeding on vacation or isotherwise unable to discharge
the functions of his office, heshall transmit a writtendeclaration to the President of the Senate and the Speaker of the House of Representatives tothat effect, and until he transmitsto them a written declaration tothe contrary, the Vice Presidentshall perform the functions of thePresident as Acting President.
(2) In the event that the
President is unable or fails totransmit the written declarationmentioned in subsection (1) of this section within 21 days, theNational Assembly shall by aresolution made by a simplemajority of the vote of eachHouse of the National Assemblymandate the Vice President toperform the functions of the
Acting President during
temporary absence of President
“(1) Whenever the President isproceeding on vacation or isotherwise unable to discharge
the functions of his office, heshall transmit a writtendeclaration to the President of the Senate and the Speaker of the House of Representativesto that effect, and until hetransmits to them a writtendeclaration to the contrary, the
Vice President shall performthe functions of the Presidentas Acting President.
(2) In the event that thePresident is unable or fails totransmit the writtendeclaration mentioned insubsection (1) of this sectionwithin 21 days, the National
Assembly shall by a resolutionmade by a simple majority of the vote of each House of theNational Assembly mandate
House
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 17/51
17
office of the President, as ActingPresident, until the Presidenttransmits a letter to the Presidentof the Senate and Speaker of theHouse of Representatives, that he
is now available to resume hisfunctions as President.”
office of the President, as ActingPresident, until the Presidenttransmits a letter to the Presidentof the Senate and Speaker of theHouse of Representatives, that
he is now available to resume hisfunctions as President.”
the Vice President to performthe functions of the office of the President, as ActingPresident, until the Presidenttransmits a letter to the
President of the Senate andSpeaker of the House of Representatives, that he isnow available to resume hisfunctions as President.”
Section153
B - Establishment of certainFederal Executive Bodies
153. (1) There shall beestablished for the Federation thefollowing bodies, namely:
(f) Independent National ElectoralCommission;
B - Establishment of certainFederal Executive Bodies
Retained as in Principal Act
B - Establishment of certainFederal Executive Bodies
153. (1) There shall beestablished for the Federation thefollowing bodies, namely:(f) Independent NationalElectoral Commission;
B - Establishment of certain Federal ExecutiveBodies
Retained as in Principal Senate
Section154
Appointment of Chairman
(3) In exercising his powers toappoint a person as Chairman ormember of the IndependentNational Electoral Commission,National Judicial Council, theFederal Judicial ServiceCommission or the National
Population Commission, thePresident shall consult the Councilof State.
Appointment of Chairman
Retained as in Principal Act
Appointment of Chairman
(3) In exercising his powers toappoint a person as Chairman ormember of the IndependentNational Electoral Commission,National Judicial Council, theFederal Judicial ServiceCommission or the National
Population Commission, thePresident shall consult theCouncil of State.
Appointment of Chairman
Retained as in Principal Act Senate
Section156
Qualification for Membership
156. (1) No person shall bequalified for appointment as amember of any of the bodies
Qualification for Membership
156. (1) No person shall bequalified for appointment as amember of any of the bodies
Qualification for Membership
156. (1) No person shall bequalified for appointment as amember of any of the bodies
Qualification for Membership
156. (1) No person shall bequalified for appointment as amember of any of the bodiesaforesaid if -
Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 18/51
18
aforesaid if -
(a) he is not qualified or if he isdisqualified for election as amember of the House of
Representatives;
aforesaid if -
(a) he is not qualified or if he isdisqualified for election as amember of the House of
Representatives, provided thata member of any of thesebodies shall not be requiredto belong to a political party,and in the case of theIndependent NationalElectoral Commission, heshall not be a member of apolitical party.
aforesaid if -
(a) he is not qualified or if he isdisqualified for election as amember of the House of
Representatives, provided thatin the case of theIndependent NationalElectoral Commission, theChairman or members shallnot be members of a politicalparty.
(a) he is not qualified or if heis disqualified for election as amember of the House of Representatives, providedthat a member of any of
these bodies shall not berequired to belong to apolitical party. And in thecase of the IndependentNational ElectoralCommission, he shall notbe a member of a politicalparty.
Section157
Removal of Members
(2) This section applies to theoffices of the Chairman andmembers of the Code of ConductBureau, the Federal Civil ServiceCommission, the IndependentNational Electoral Commission,the National Judicial Council, theFederal Judicial ServiceCommission, the FederalCharacter Commission, theNigeria Police Council, theNational Population Commission,
the Revenue Mobilisation Allocation and Fiscal Commissionand the Police ServiceCommission.
Removal of Members
Retained as in Principal Act
Removal of Members
(2) This section applies to theoffices of the Chairman andmembers of the Code of ConductBureau, the Federal Civil ServiceCommission, the IndependentNational Electoral Commission,the National Judicial Council, theFederal Judicial ServiceCommission, the FederalCharacter Commission, theNigeria Police Council, theNational Population Commission,
the Revenue Mobilisation Allocation and Fiscal Commissionand the Police ServiceCommission.
Removal of Members
Retained as in Principal Act Senate
Section158
Independence of certainbodies
(1) In exercising its power tomake appointments or to exercisedisciplinary control over persons,
Independence of certainbodies
Retained as in Principal Act
Independence of certainbodies
(1) In exercising its power tomake appointments or toexercise disciplinary control over
Independence of certainbodies
Retained as in Principal ActSenate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 19/51
19
the Code of Conduct Bureau, theNational Judicial Council, theFederal Civil Service Commission,the Federal Judicial ServiceCommission, the Revenue
Mobilisation and FiscalCommission, the FederalCharacter Commission, and theIndependent National ElectoralCommission shall not be subjectto the direction or control of anyother authority or person.
persons, the Code of ConductBureau, the National JudicialCouncil, the Federal Civil ServiceCommission, the Federal JudicialService Commission, the Revenue
Mobilisation and FiscalCommission, the FederalCharacter Commission, and theIndependent National ElectoralCommission shall not be subjectto the direction or control of anyother authority or person.
Section160
Powers and Procedure
(1) Subject to subsection (2) of this section, any of the bodies
may, with the approval of thePresident, by rules or otherwiseregulate its own procedure or
confer powers and impose dutieson any officer or authority for thepurpose of discharging itsfunctions
Powers and Procedure
(1) Subject to subsection (2)of this
(2) section, any of the bodiesmay, with the approval of the President, by rules or
otherwise regulate itsown procedure or conferpowers and imposeduties on any officer orauthority for the purposeof discharging itsfunctions, provided thatin the case of the
Independent NationalElectoral Commission,its powers to make itsown rules orotherwise regulate itsown procedure shallnot be subject to theapproval or control of the President.
Powers and Procedure Powers and Procedure
(1) Subject to subsection (2)of this section, any of the
bodies may, with the approvalof the President, by rules orotherwise regulate its own
procedure or confer powersand impose duties on anyofficer or authority for thepurpose of discharging itsfunctions, provided that inthe case of theIndependent NationalElectoral Commission, its
powers to make its ownrules or otherwise regulateits own procedure shall notbe subject to the approvalor control of the President.
Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 20/51
20
Insert immediately after theexisting section 160 a newsection “160A” –
Establishment of
Independent National Electoral Commission, qualification, removal, etc of members.160 A (1) There is establishedthe Independent NationalElectoral Commission.
(2) The composition and powersof the members of theIndependent National ElectoralCommission as established under
this section are as contained inPart 1 of the Third Schedule tothis Constitution.
Qualification for membership.
160 B (1) No person shall bequalified for appointment as amember of the IndependentNational Electoral Commission if within the preceding ten years,he has been removed as a
member of any of the bodiesestablished under section 153(1)of this Constitution or as theholder of any other office on theground of misconduct.
(2) Any person employed in thepublic service of the Federationshall not be disqualified forappointment as Chairman or
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 21/51
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 22/51
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 23/51
23
Commission shall not be subjectto the direction or control of anyother authority or person”.
Section177
Qualification for Election as
Governor
A Person shall be qualified for
election to the office of Governorof a State if-
(c) he is a member of PoliticalParty and is sponsored by thatPolitical Party, and
(d) he has been educated up toat least School Certificate level orits equivalent.
Qualification for Election as
Governor
A Person shall be qualified for
election to the office of Governorof a State if-
(c) he is a member of PoliticalParty and is sponsored by thatPolitical Party or he is anindependent candidate, and
(d) he has been educated up toat least School Certificate
tertiary level or its equivalentand obtained the relevantcertificates.
(2) “A person standing for anelection to the office of Governorof a State as an independent
candidate shall be qualified forelection if he is nominated by notless than five registered votersfrom each electoral in each of atleast two-thirds of the wards inthe State each of whosesignatures on the nominationform shall be verified and certifiedas provided by law, from a leasttwo-thirds of the electoral wards
Qualification for Election as
Governor
A Person shall be qualified for
election to the office of Governorof a State if-
(c) he is a member of PoliticalParty and is sponsored by thatPolitical Party or he is anindependent candidate, and
(d) he has been educated up toat least School Certificate
tertiary level or its equivalentand obtained the relevantcertificates.
Nil
Qualification for Election
as Governor
A Person shall be qualified for
election to the office of Governor of a State if-
(c) he is a member of PoliticalParty and is sponsored by thatPolitical Party or he is anindependent candidate,and
(d) he has been educated upto at least School Certificate
tertiary level or its equivalentand obtained the relevantcertificates.
Nil
House
House
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 24/51
24
of the electoral constituency” bythe Independent NationalElectoral Commission.
Section178
Election of Governor
(1) An Election to the office of Governor of a State shall be heldon a date to be appointed by the
Independent National ElectoralCommission.
(2) An election to the office of Governor of a State shall be heldon a date not earlier than sixtydays and not later than thirty
days before the expiration of theterm of office of the last holder of that office.
Election of Governor
Nil
(2) An election to the office of Governor of a State shall be heldon a date not earlier than sixtyone hundred and fifty days
and not later than thirty ninety days before the expiration of theterm of office of the last holder of
that office.
Election of Governor
(1) An Election to the office of Governor of a State shall be heldon a date to be appointed by the
Independent National ElectoralCommission in accordancewith the Electoral Act.
(2) An election to the office of Governor of a State shall be heldon a date not earlier than sixtyone hundred and fifty days
and not later than thirty onehundred and twenty daysbefore the expiration of the term
of office of the last holder of thatoffice.
Election of Governor
(1) An Election to the office of Governor of a State shall beheld on a date to be appointed
by the Independent NationalElectoral Commission inaccordance with theElectoral Act.
(2) An election to the office of Governor of a State shall beheld on a date not earlier thansixty one hundred and fifty
days and not later than thirtyone hundred and twenty days before the expiration of
the term of office of the lastholder of that office.
House
Section180
Tenure of office of Governor(1) subject to the provisions of this Constitution, a person shallhold the office of Governor of aState until -
(a)… (b) … (c) …
Tenure of office of Governor
(1) Retained as in Principal Act
Tenure of office of Governor
“(dd) being a person whoseelection to the office of Governorwas sponsored by a politicalparty, he becomes a member of another political party before theexpiration of the period for whichhe was elected provided that hismembership of the latter politicalparty is not as a result of a
Tenure of office of Governor
(1) Retained as in Principal Act Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 25/51
25
(2)Subject to the provisions of subsection (1) of this section theGovernor shall vacate his office at
the expiration of a period of fouryears commencing from the datewhen… (a) …
(b) …
(2)Subject to the provisions of subsection (1) of this section theGovernor shall vacate his office at
the expiration of a period of fouryears commencing from the datewhen
(c) in the determination of the four year term, where are-run election has takenplace and the person earliersworn in wins the re-runelection, the time spent in
merger of two or more politicalparties or factions by one of which he was previouslysponsored;
(ee) being a person who waselected as an independentcandidate he becomes a memberof any political party before theexpiration of the period for whichhe was elected;
(ff) he resigns as a member of the political party on whoseplatform he was elected beforethe expiration of the period forwhich he was elected, provided
that where a person is expelledfrom the political party on whoseplatform he was elected beforethe expiration of the period forwhich he was elected, he shallretain his office if he does not
join another political party”.
“(2A) Notwithstanding the
provisions of thisConstitution, whenever an
election is annulled by acourt or tribunal and anotherelection is conducted by theIndependent NationalElectoral Commission andsuch an election is won bythe person who was in officeprior to the election, his termof office shall be deemed tohave commenced from the
(2)Subject to the provisions of subsection (1) of this sectionthe Governor shall vacate his
office at the expiration of aperiod of four yearscommencing from the datewhen
(c) in the determination of the four year term, wherea re-run election has takenplace and the personearlier sworn in wins the
Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 26/51
26
office before the date theelection was annulled, shallbe taken into account.
date he first took the oath of office before the annulmentprovided that the periodbetween the annulment andthe date of the election and
his being sworn-in shall beincluded in calculating histenure”.
re-run election, the timespent in office before thedate the election wasannulled, shall be takeninto account.
Section182
Disqualifications
(1) No Person shall be qualifiedfor election to the office of Governor of a State if –
(i) he has been indicted forembezzlement or fraud by aJudicial Commission of Inquiry or
an administrative Panel of Inquiryor a Tribunal set up under theTribunals of Inquiry Act, a
Tribunals of Inquiry Law or anyother law by the Federal or StateGovernment which indictment hasbeen accepted to the Federal orState Government; or
(j) he has presented a forgedcertificate to the Independent
National Electoral Commission.
Disqualifications
(i) he has been indicted forembezzlement or fraud by aJudicial Commission of Inquiry or
an administrative Panel of Inquiryor a Tribunal set up under theTribunals of Inquiry Act, a
Tribunals of Inquiry Law or anyother law by the Federal or StateGovernment which indictment hasbeen accepted to the Federal orState Government; or
(i) he has presented a forgedcertificate to the Independent
National Electoral Commission.
Disqualifications
Retained as in Principal Act
Disqualifications
(i) he has been indicted forembezzlement or fraud by aJudicial Commission of Inquiry
or an administrative Panel of Inquiry or a Tribunal set upunder the Tribunals of Inquiry
Act, a Tribunals of Inquiry Lawor any other law by theFederal or State Governmentwhich indictment has beenaccepted to the Federal orState Government; or
(i) he has presented a forged
certificate to the IndependentNational Electoral Commission.
Senate
Section184
Determination of certainquestions relating toelections
The National Assembly shall makeprovisions in respect of -
Determination of certainquestions relating toelections
Retained as in Principal Act
Determination of certainquestions relating toelections
The National Assembly shallmake provisions in respect of -
Determination of certainquestions relating toelections
Retained as in Principal Act Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 27/51
27
(a) persons who may apply to anelection tribunal for thedetermination of any question asto whether-
(i) any person has been validlyelected to the office of Governoror Deputy Governor,(ii) the term of office of aGovernor or Deputy Governor hasceased, or(iii) the office of Deputy Governorhas become vacant;(b) circumstances and manner inwhich, and the conditions uponwhich such application may bemade; and
(c) powers, practice andprocedure of the election tribunalin relation to any suchapplication.
(a) persons who may apply to anelection tribunal for thedetermination of any question asto whether-
(i) any person has been validlyelected to the office of Governoror Deputy Governor,(ii) the term of office of aGovernor or Deputy Governorhas ceased, or(iii) the office of Deputy Governorhas become vacant;(b) circumstances and manner inwhich, and the conditions uponwhich such application may bemade; and
(c) powers, practice andprocedure of the election tribunalin relation to any suchapplication.
Section190
Acting Governor duringtemporary absence of Governor
190. Whenever the Governortransmits to the Speaker of the
House of Assembly a writtendeclaration that he is proceedingon vacation or that he isotherwise unable to discharge thefunctions of his office, until hetransmits to the Speaker of theHouse of Assembly a writtendeclaration to the contrary suchfunctions shall be discharged bythe Deputy Governor as Acting
Acting Governor duringtemporary absence of Governor
“(1) Whenever the Governor isproceeding on vacation or is
otherwise unable to discharge thefunctions of his office, he shalltransmit a written declaration tothe Speaker of the House of
Assembly to that effect, and untilhe transmits to the Speaker of the House of Assembly a writtendeclaration to the contrary, theDeputy Governor shall performthe functions of the Governor as
Acting Governor duringtemporary absence of Governor
“(1) Whenever the Governor isproceeding on vacation or is
otherwise unable to dischargethe functions of his office, heshall transmit a writtendeclaration to the Speaker of theHouse of Assembly to that effect,and until he transmits to theSpeaker of the House of
Assembly a written declaration tothe contrary, the DeputyGovernor shall perform the
Acting Governor duringtemporary absence of Governor
“(1) Whenever the Governor isproceeding on vacation or is
otherwise unable to dischargethe functions of his office, heshall transmit a writtendeclaration to the Speaker of the House of Assembly to thateffect, and until he transmitsto the Speaker of the House of
Assembly a written declarationto the contrary, the DeputyGovernor shall perform the
House
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 28/51
28
Governor. Acting Governor.
(2) In the event that theGovernor is unable or fails to
transmit the written declarationmentioned in subsection (1) of this section within 14 days, theHouse of Assembly shall by aresolution made by a simplemajority of the vote of the Housemandate the Deputy Governor toperform the functions of theoffice of the Governor, as ActingGovernor, until the Governortransmits a letter to the Speaker,that he is now available to
resume his functions asGovernor.”
functions of the Governor as Acting Governor.
(2) In the event that theGovernor is unable or fails to
transmit the written declarationmentioned in subsection (1) of this section within 21 days, theHouse of Assembly shall by aresolution made by a simplemajority of the vote of the Housemandate the Deputy Governor toperform the functions of theoffice of the Governor, as ActingGovernor, until the Governortransmits a letter to the Speaker,that he is now available to
resume his functions asGovernor.”
functions of the Governor as Acting Governor.
(2) In the event that theGovernor is unable or fails to
transmit the writtendeclaration mentioned insubsection (1) of this sectionwithin 21 days, the House of
Assembly shall by a resolutionmade by a simple majority of the vote of the Housemandate the Deputy Governorto perform the functions of theoffice of the Governor, as
Acting Governor, until theGovernor transmits a letter to
the Speaker, that he is nowavailable to resume hisfunctions as Governor.”
Section200
Qualification for Membership
(1) No person shall be qualifiedfor appointment as a member of any of the bodies aforesaid if -
(a) he is not qualified or if he is
disqualified for election as amember of a House of Assembly;
Qualification for Membership
(1) No person shall be qualifiedfor appointment as a member of any of the bodies aforesaid if -
(a) he is not qualified or if he is
disqualified for election as amember of a House of Assembly,provided that a member of any of the said bodies shallnot be required to belong to apolitical party, and in the caseof State IndependentElectoral Commission he shallnot be a member of a politicalparty
Qualification for Membership
Retained as in Principal Act
Qualification for Membership
(1) No person shall bequalified for appointment as amember of any of the bodiesaforesaid if -
(a) he is not qualified or if heis disqualified for election as amember of a House of
Assembly, provided that amember of any of the saidbodies shall not berequired to belong to apolitical party, and in thecase of State IndependentElectoral Commission he
Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 29/51
29
shall not be a member of apolitical party
Section221
Prohibition of Politicalactivities by certainassociations
(1) No association, other than apolitical party, shall canvass for
votes for any candidate at anyelection or contribute to the fundsof any political party or to theelection expenses of anycandidate at an election.
Prohibition of Politicalactivities by certainassociations
(1) No association, other than apolitical party, shall canvass for
votes for any candidate at anyelection or contribute to the fundsof any political party or to theelection expenses of anycandidate at an election, exceptin the case of an independentcandidate.
Prohibition of Political activitiesby certain associations
Deleted and transferred toElectoral Act
Prohibition of Politicalactivities by certainassociations
Deleted and transferred toElectoral Act
House
Section
222
Restriction on formation of
political parties
(1) No association by whatevername called shall function as apolitical party, unless-(a) the names and address of itsnational offices are registeredwith the Independent NationalElectoral Commission(b) the membership of theassociation is open to every
citizen of Nigeria irrespective of his place of origin, circumstanceof birth, sex, religion or ethnicgrouping;(c)a copy of its constitution isregistered in the principal officeof the Independent NationalElectoral Commission in suchform as may be prescribed by theIndependent National electoral
Restriction on formation of
political parties
Deleted
Restriction on formation of
political parties
Deleted
Restriction on formation of
political parties
Deleted Same
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 30/51
30
Commission;(d) any alteration in its registeredconstitution is also registered inthe principal office of theIndependent National Electoral
Commission within thirty days of the making of such alteration;(e) the name of the association,its symbol or logo does notcontain any ethnic or religiousconnotation or give theappearance that the activities of the association are confined to apart only of the geographical areaof Nigeria; and(f) the headquarters of theassociation is situated in the
Federal Capital Territory, Abuja.
Section223
Constitution and Rules of Political Parties
(1) The constitution andrules of a political partyshall-(a) Provide for the
periodical election on
a democratic basis of the principal officerand members of theexecutive committeeor other governingbody of the politicalparty; and
(b) Ensure that t hemembers of theexecutive committee
Constitution and Rules of Political Parties
Deleted
Constitution and Rules of Political Parties
Deleted
Constitution and Rules of Political Parties
Deleted
Same
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 31/51
31
or other governingbody of the politicalparty reflect thefederal character of Nigeria.
(2) For the purposes of thissection-(a) The election of the
officer or members of the executivecommittee of apolitical party shall bedeemed to beperiodical only if it ismade at regularintervals not
exceeding four years;and
(b) The members of theexecutive committeeor other governingbody of the politicalparty shall bedeemed to reflect thefederal character of Nigeria only if themembers thereof
belong to differentStates not being lessin number than two-thirds of all theStates of theFederation and theFederal CapitalTerritory, Abuja.
Section224
Aims and objects Aims and objects Aims and objects Aims and objects
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 32/51
32
The programme as well as theaims and object of a politicalparty shall conform with theprovisions of Chapter II of thisconstitution.
Deleted Deleted Deleted Same
Section225
Finances of Political Parties
(1) Every political partyshall, at such times andin such manner as theIndependent NationalElectoral Commissionmay require, submit tothe Independent NationalElectoral Commission andpublish a statement of its
assets and liabilities.(2) Every political party shall
submit to the
Independent NationalElectoral Commission adetailed annual statementand analysis of itssources of funds andother assets togetherwith a similar statementof its expenditure in such
form as the Commissionmay require.(3) No political party shall-
(a) Hold or possess anyfunds or other assetsoutside Nigeria, or
(b) Be entitled to retainany funds or assetsremitted or sent to itfrom outside Nigeria.
Finances of Political Parties
Deleted
Finances of Political Parties
Deleted
Finances of PoliticalParties
Deleted Same
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 33/51
33
(4) Any funds or other assetsremitted or sent to apolitical party fromoutside Nigeria shall bepaid over or transferred
to the Commission withintwenty-one days of itsreceipt with suchinformation as theCommission may require.
(5) The Commission shallhave power to givedirections to politicalparties regarding thebooks or records of financial transactionswhich they shall keep
and, to examine all suchbooks and records.
(6) The powers conferred onthe Commission undersubsection (4) of thissection may be exercisedby it through anymembers of its staff orany person who is anauditor by profession,and who is not a member
of a political party.Section226
Annual report on finances
(1) The IndependentNational ElectoralCommission, shall inevery year prepare andsubmit to the National
Assembly a report on theaccounts and balance
Annual report on finances
Deleted
Annual report on finances
Deleted
Annual report on finances
Deleted Same
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 34/51
34
sheet of every politicalparty.
(2) It shall be the duty of theCommission, in preparingits report under this
section, to carry out suchinvestigation as willenable it to form anopinion as to whetherproper books of accountsand proper records havebeen kept by any politicalparty, and if theCommission is of theopinion that proper booksof accounts have beenkept by a political party,
the Commission shall soreport.
(3) Every member of theCommission or its dulyauthorized agent shall-(a) Have a right of
access at all times tothe books andaccounts andvouchers of allpolitical parties; and
(b) Be entitled to requirefrom the officers of the political partysuch information andexplanation as hethinks necessary forthe performance of his duties under thisConstitution,
and if the member of the
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 35/51
35
Commission or such agent fails oris unable to obtain all theinformation and explanationwhich to the best of hisknowledge and belief are
necessary for the purposes of theinvestigation, the Commissionshall State that fact in its report.
Section227
Prohibition of quasi-militaryorganization
No association shall retain,organize, train or equip anyperson or group of persons forthe purpose of enabling them tobe employed for the use or
display of physical force orcoercion in promoting anypolitical objective or interest or in
such manner as to arousereasonable apprehension thatthey are organized and trained orequipped for that purpose.
Prohibition of quasi-militaryorganization
Deleted
Prohibition of quasi-militaryorganization
Deleted
Prohibition of quasi-military organization
Deleted Same
Section228
Powers of the National Assembly with respect topolitical parties
The National Assembly may bylaw provide-(a) For the punishment of
any person involved inthe management orcontrol of any politicalparty found after dueinquiry to havecontravened any of theprovisions of sections
Powers of the National Assembly with respect topolitical parties
The National Assembly may bylaw provide –
(a) For guidelines and rulesto ensure internal democracywithin political parties,including making laws for theconduct of party primaries,party congresses and partyconventions.
Powers of the National Assembly with respect topolitical parties
The National Assembly may bylaw provide –
(a) For guidelines and rulesto ensure internal democracywithin political parties,including making laws for theconduct of party primaries,party congresses and partyconventions.
Powers of the National Assembly with respect topolitical parties
As passed by both HousesSame
Deleted andreplaced withnew provision
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 36/51
36
221, 225(3) and 227 of this Constitution;
(b) For the disqualification of any persons from holdingpublic office on theground that he knowinglyaids or abets a politicalparty in contraveningsection 225(3) of thisConstitution;
(c) For an annual grant tothe Independent NationalElectoral Commission fordisbursement to politicalparties on a fair andequitable basis to assistthem in the discharge of
their functions, and(d) For the conferment on
the Commission of otherpowers as may appear tothe National Assembly tobe necessary or desirablefor the purpose of enabling the Commissionmore effectively toensure that politicalparties observe theprovisions of this Part of this Chapter.
(b) For the conferment on theIndependent NationalElectoral Commission of powers as may appear to theNational Assembly to benecessary or desirable for thepurpose of enabling theCommission more effectivelyto ensure that politicalparties observe the practicesof internal democracy,including the fair andtransparent conduct of partyprimaries, party congressesand party conventions.
(b) For the conferment onthe Independent NationalElectoral Commission of powers as may appear to theNational Assembly to benecessary or desirable for thepurpose of enabling theCommission more effectivelyto ensure that politicalparties observe the practicesof internal democracy,including the fair andtransparent conduct of partyprimaries, party congressesand party conventions.
Section229
Interpretation
In this Part of this Chapter, unlessthe context otherwise require-
“association” means anybody of persons corporate orunincorporate who agree to act
Interpretation
Deleting the interpretation of theword: “association” andtransferring same to the Electoral
Act
Interpretation
In this Part of this Chapter,unless the context otherwiserequire-
“association” means anybody of persons corporate or
Interpretation
Deleting the interpretation of the word: “association” andtransferring same to theElectoral Act
Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 37/51
37
together for any commonpurpose, and included anassociation formed for any ethnic,social, cultural, occupational orreligious purpose,; and
“political party” includes anyassociation whose activitiesinclude canvassing for votes insupport of a candidate forelection to the office of President,
Vice-President, Governor, DeputyGovernor or membership of alegislative house or of a localgovernment council.
“political party” includes anyassociation whose activitiesinclude canvassing for votes insupport of a candidate forelection to the office of President,
Vice-President, Governor, DeputyGovernor or membership of alegislative house or of a localgovernment council.
unincorporate who agree to acttogether for any commonpurpose, and included anassociation formed for anyethnic, social, cultural,occupational or religiouspurpose,; and
“political party” includes anyassociation whose activitiesinclude canvassing for votes insupport of a candidate forelection to the office of President,
Vice-President, Governor, DeputyGovernor or membership of alegislative house or of a localgovernment council.
“political party” includes anyassociation whose activitiesinclude canvassing for votes insupport of a candidate forelection to the office of President, Vice-President,Governor, Deputy Governor ormembership of a legislativehouse or of a local governmentcouncil.
Section233 Appellate Jurisdiction
(2) An appeal shall lie formdecisions of the Court of Appealto the Supreme Court as of rightin the following cases –
(e) decisions on any question -
(i) whether any person has beenvalidly elected to the office of
President or Vice-President underthis Constitution,
(ii) whether the term of office of office of President or Vice-President has ceased,
(iii) whether the office of President or Vice-President has
Appellate Jurisdiction
Retained as in Principal Act
Appellate Jurisdiction
(2) An appeal shall lie fromdecisions of the Court of Appealto the Supreme Court as of rightin the following cases –
(e) decisions on any question -
(i) whether any person has beenvalidly elected to the office of
President or , Vice-President,Governor or Deputy Governorunder this Constitution,
(ii) whether the term of office of President or , Vice-President,Governor or Deputy Governor has ceased,
Appellate Jurisdiction
(2) An appeal shall lie fromdecisions of the Court of
Appeal to the Supreme Courtas of right in the followingcases –
(e) decisions on any question -
(i) whether any person has
been validly elected to theoffice of President or , Vice-President, Governor orDeputy Governor under thisConstitution,
(ii) whether the term of officeof President or , Vice-President, Governor orDeputy Governor has
House
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 38/51
38
become vacant; and (iii) whether the office of President or , Vice-President,Governor or Deputy Governor has become vacant; and
ceased,
(iii) whether the office of President or , Vice-President,Governor or Deputy
Governor has becomevacant; andSection239
Original Jurisdiction
(1) Subject to the provisions of this Constitution, the Court of
Appeal shall, to the exclusion of any other court of Law in Nigeria,have original jurisdiction to hearand determine any question as towhether -
(a) any person has been validityelected to the office of Presidentor Vice-President under thisConstitution; or
(b) the term of office of thePresident or Vice-President hasceased; or
(c) the office of President or Vice-President has become vacant.
Original Jurisdiction
Retained as in Principal Act
Original Jurisdiction
(1) Subject to the provisions of this Constitution, the Court of
Appeal shall, to the exclusion of any other court of Law in Nigeria,have original jurisdiction to hearand determine any question as towhether -
(a) any person has been validityelected to the office of Presidentor , Vice-President, Governor orDeputy Governor under thisConstitution; or
(b) the term of office of thePresident or , Vice-President,Governor or Deputy Governor has ceased; or
(c) the office of President or , Vice-President , Governor orDeputy Governor has becomevacant.
Original Jurisdiction
(1) Subject to the provisions of this Constitution, the Court of
Appeal shall, to the exclusionof any other court of Law inNigeria, have original
jurisdiction to hear anddetermine any question as towhether –
(a) any person has beenvalidity elected to the office of President or , Vice-President,Governor or DeputyGovernor under thisConstitution; or
(b) the term of office of thePresident or , Vice-President,Governor or Deputy
Governor has ceased; or
(c) the office of President or , Vice-President , Governor orDeputy Governor hasbecome vacant.
House
Section246
Appeal from Code of ConductTribunal and other Courts andTribunals
Appeal from Code of ConductTribunal and other Courts andTribunals
Appeal from Code of ConductTribunal and other Courtsand Tribunals
Appeal from Code of Conduct Tribunal and otherCourts and Tribunals
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 39/51
39
(1) An appeal to the Court of Appeal shall lie as of right from –
(b) decisions of the National Assembly Election Tribunals andGovernorship and LegislativeHouse Election Tribunals on anyquestion as to whether -
(3) The decision of the Court of Appeal in respect of appealsarising from election petitionsshall be final.
(1) An appeal to the Court of Appeal shall lie as of right from –
(b) decisions of the National Assembly Election Tribunals andGovernorship and LegislativeHouse Election Tribunals on anyquestion as to whether –
(3) The decision of the Court of Appeal in respect of appealsarising from election petitions
shall be final, provided that aninterlocutory application maybe decided during thedelivery of judgement.
(1) An appeal to the Court of Appeal shall lie as of right from –
(b) decisions of the National Assembly Election TribunalsNational and State Houses of
Assembly Election TribunalsGovernorship and LegislativeHouse Election Tribunals on anyquestion as to whether -
(3) The decision of the Court of Appeal in respect of appealsarising from election petitions
shall be final, provided that nointerlocutory appeal shall be
entertained until after the final
determination of the petition”.
(1) An appeal to the Court of Appeal shall lie as of right from –
(b) decisions of the National Assembly Election TribunalsNational and State Housesof Assembly ElectionTribunals Governorship andLegislative House ElectionTribunals on any question asto whether -
(3) The decision of the Courtof Appeal in respect of appealsarising from election petitionsshall be final, provided that
an interlocutoryapplication may be decidedduring the delivery of
judgement.
House
Senate
Section251
Jurisdiction
(3) The Federal High Court shallalso have and exercise jurisdictionand powers in respect of criminalcauses and matters in respect of
which jurisdiction is conferred bysubsection (1) of this section.
Jurisdiction
Retained as in Principal Act
Jurisdiction
(4) The Federal High Courtshall have and exercise
jurisdiction to determine anyquestion as to whether the
term of office or a seat of amember of the Senate or theHouse of Representatives hasceased or his seat hasbecome vacant.
Jurisdiction
(4) The Federal High Courtshall have and exercise
jurisdiction to determineany question as to whether
the term of office or a seatof a member of the Senateor the House of Representatives hasceased or his seat hasbecome vacant.
House
Section272
Jurisdiction: general
(2) The reference to civil or
Jurisdiction: general
Retained as in Principal Act
Jurisdiction: general
(3) Subject to the provisions of
Jurisdiction: general
(3) Subject to the House
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 40/51
40
criminal proceedings in thissection includes a reference tothe proceedings which originatein the High Court of a State andthose which are brought beforethe High Court to be dealt with bythe court in the exercise of itsappellate or supervisory
jurisdiction.
section 251 and other provisions
of this Constitution, the Federal
High Court shall have
jurisdiction to hear and
determine the question as to
whether the term of office of amember of a House of Assembly
of a State, a Governor or Deputy
Governor has ceased or become
vacant.
provisions of section 251and other provisions of thisConstitution, the FederalHigh Court shall have
jurisdiction to hear anddetermine the question asto whether the term of office of a member of aHouse of Assembly of aState, a Governor orDeputy Governor hasceased or become vacant.
Section285 Establishment and
jurisdiction of electiontribunals
(1) there shall be established forthe Federation one or more
election tribunals to be known asthe National Assembly ElectionTribunals which shall, to theexclusion of any Court orTribunal, have original jurisdictionto hear and determine petition asto whether -
(a) any person has beenvalidly elected as amember of the National
Assembly;
(b) the term of office of anyperson under thisConstitution has ceased;
Establishment of electiontribunals and time fordetermination of electionpetitions
(1) there shall be establishedfor each State of the
Federation and the FederalCapital Territory one or moreelection tribunals to beknown as the ElectionTribunals which shall, to theexclusion of any Court orTribunal, have original
jurisdiction to hear anddetermine petition as towhether -
(a) any person has beenvalidly elected as amember of theNational Assembly;
(b) any person has beenvalidly elected to theOffice of the Governor
Establishment of electiontribunals and time fordetermination of electionpetitions
(1) there shall be established forthe Federation and the Federal
Capital Territory one or moreelection tribunals to be known asthe National Assembly ElectionTribunals which shall, to theexclusion of any Court orTribunal, have original
jurisdiction to hear anddetermine petition as towhether -
(a) any person has been
validly elected as a
member of the National
Assembly; and
(b) and (c) deleted
Establishment of electiontribunals and time fordetermination of electionpetitions
(1) there shall be established
for each State of theFederation and the Federal
Capital Territory one or moreelection tribunals to be knownas the National and StateHouses of Assembly ElectionTribunals which shall, to theexclusion of any Court orTribunal, have original jurisdiction to hear anddetermine petition as towhether -
(a) any person hasbeen validly electedas a member of theNational Assembly;
(b) any person hasbeen validly electedas a member of the
“Same”
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 41/51
41
(c) the seat of a member of the Senate or a memberof the House of Representatives hasbecome vacant; and
(d) a question or petitionbrought before theelection tribunal has beenproperly or improperlybrought.
(2) There shall be established ineach State of the Federation oneor more election tribunals to beknown as the Governorship and
Legislative Houses ElectionTribunals which shall, to theexclusion of any court or tribunal,have original jurisdiction to hearand determine petitions as towhether any person has beenvalidly elected to the office of Governor or Deputy Governor oras a member of any legislativehouses
(3) The composition of theNational Assembly ElectionTribunals, Governorship andLegislative House electionTribunals shall be as set out inthe sixth schedule to thisconstitution.
(4) The quorum of an election
or Deputy Governor of a State;
(c) any person has beenvalidly elected as amember of the Houseof Assembly of a State.
“2” is deleted
(3) The composition of theNational Assembly ElectionTribunals, Governorship andLegislative House electionTribunals shall be as set out inthe sixth schedule to thisconstitution.
(4) The quorum of an election
(2) There shall be established ineach State of the Federation andthe Federal Capital Territory, one or more election tribunals tobe known as the Governorshipand Legislative Houses ElectionTribunals National and StateHouses of Assembly ElectionTribunals which shall, to theexclusion of any court or tribunal,have original jurisdiction to hear
and determine petitions as towhether any person has beenvalidly elected to the office of Governor or Deputy Governor oras a member of any legislativehouses
(3) The composition of the
National and State Houses of Assembly Election Tribunals,Governorship and LegislativeHouse election Tribunals shall be
as set out in the sixth schedule tothis constitution.
(4) The quorum of an electiontribunal established under this
House of Assemblyof a State.
“2” is deleted
(3) The composition of theNational and State Housesof Assembly ElectionTribunals, Governorship andLegislative House electionTribunals shall be as set out inthe sixth schedule to thisconstitution.
(4) The quorum of an election
Senate
House
Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 42/51
42
tribunal established under thissection shall be the Chairman andtwo other members.
tribunal established under thissection shall be the Chairman andtwo one other member.
5. (a) An election petitions
shall be filed within twentyone days after the date of thedeclaration of results of theelections;
(b) An election tribunal shalldeliver its judgment inwriting within 0ne hundredand eighty days from the dateof the filing of the petition;
(c) An appeal from a decisionof an election tribunal orcourt shall be heard anddisposed of within sixty daysfrom the date of the deliveryof judgment of the tribunal;
section shall be the Chairmanand two other members.
Insertion of a New section “285A” -
(1) An election tribunal shalldeliver its judgment in writing
tribunal established under thissection shall be the Chairmanand two one other member.
5. (a) An election petition
shall be filed within twentyone days after the date of the declaration of resultsof the elections;
(b) An election tribunalshall deliver its judgmentin writing within 0nehundred and eighty daysfrom the date of the filingof the petition;
(c) An appeal from adecision of an electiontribunal or court shall beheard and disposed of within sixty days from thedate of the delivery of
judgment of the tribunal;
(d) The court in all appealsfrom election tribunal may
adopt the practice of firstgiving its decision andreserving the reasonstherefor to a later date.
Senate
House
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 43/51
43
within 120 days from the date of the filing of the petition;
(2) An appeal from a decision of an election tribunal or court shallbe heard and disposed of within60 days from the date of thedelivery of judgment of thetribunal;
(3) The court in all appeals fromelection tribunal may adopt thepractice of first giving its decisionand reserving the reasonsthereto for the decision to a laterdate.
Section
318 Interpretation
(c) Primary Six School LeavingCertificate or its equivalent and-
(i) service in the public or privatesector in the Federation in anycapacity acceptable to theIndependent National electoralCommission for periods totalingup to a minimum of ten years,
Interpretation
“Independent Candidate”
means a person seeking electiveoffice and who is not sponsoredby any political party and satisfiesthe requirements of theConstitution, Electoral Act, andany other law made by theNational Assembly.
“(c) either-(i) service in the public orprivate sector in theFederation in any capacityfor a minimum of ten years,or
(ii) attendance at coursesand trainings in institutions
Interpretation
“Independent Candidate” means
a person seeking elective officeand who is not sponsored by anypolitical party and satisfies therequirements of the Constitution,Electoral Act, and any other lawmade by the National Assembly.
inserting the following definitionof tertiary institution levelimmediately after the definitionof State-
Interpretation
“Independent Candidate”
means a person seekingelective office and who is notsponsored by any politicalparty and satisfies therequirements of theConstitution, Electoral Act, andany other law made by theNational Assembly.
inserting the followingdefinition of tertiary institutionlevel immediately after thedefinition of State-
House
House
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 44/51
44
and
(ii) attendance at courses andtraining in such institutions asmay be acceptable to theIndependent National ElectoralCommission for periods totalingup to a minimum of one year,and
(iii) the ability to read, write,understand and communicate inthe English language to thesatisfaction of the IndependentNational Electoral Commission;and
(d) any other qualificationacceptable by the IndependentNational Electoral Commission.
for a minimum period of one year”;
Subparagraph (iii) deleted
Paragraph (d) deleted
Relevant certificates means” -(a) Ordinary National
Diploma or its equivalent;or
(b) Nigerian Certificate inEducation; or
(c) Higher School Certificate;
or its equivalent; or(d) Advanced Diploma or its
equivalent; or(e) Higher National Diploma;
or its equivalent(f) First Degree; from
recognized institutions”.
“For the purpose of sections 65,131 and 177, relevant certificatesmeans” -
(a) Ordinary NationalDiploma or its equivalent;or
(b) Nigerian Certificate inEducation or itsequivalent; or
(c) Higher School
Certificate; or itsequivalent; or
(d) Advanced Diploma orits equivalent; or
(e) Higher NationalDiploma or its equivalent;or
“For the purpose of sections65, 131 and 177, relevantcertificates means” -
(a) Ordinary NationalDiploma or itsequivalent; or
(b) Nigerian Certificatein Education or itsequivalent; or
(c) Higher School
Certificate; or itsequivalent; or
(d) Advanced Diplomaor its equivalent; or
(e) Higher NationalDiploma or itsequivalent; or
House
SECOND SCHEDULECONSTITUTIONAL PROVISIONS Senate Bill as Passed House of Reps Bill as
Passed
Harmonized Remarks
Second Schedule Part I,
Exclusive Legislative List,
Second Schedule Part I,
Exclusive Legislative List,
Second Schedule Part I,
Exclusive Legislative List
Second Schedule, Part I,
Exclusive Legislative List,
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 45/51
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 46/51
46
conditions under which
application may be made to-
(i) the Court of Appeal to
determine whether the term of
office of the President, Vice-President, Governor or Deputy
Governor has ceased or his
seat has become vacant;
(ii) the Federal High Court to
determine whether the term of
office of any person elected as
a member of the Senate or
House of Representatives has
ceased or his seat has become
vacant; and
(iii) the Federal High Court to
determine whether the term of
office of any person elected as
a member of House of
Assembly of that State has
ceased or his seat has become
vacant; and
(b) renumbering the existingitem 22 as a new item 22 “A”;
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 47/51
47
THIRD SCHEDULE
CONSTITUTIONAL
PROVISIONS
Senate Bill as Passed House of Reps Bill as Passed Harmonized Remarks
Paragraph14
Third Schedule, Part I
(1) The Independent NationalElectoral Commission shallcomprise the followingmembers-(a) A Chairman, who shall
be the Chief ElectoralCommissioner; and
(b) Twelve other membersto be known as NationalElectoral Commissionerswho shall be persons of unquestionable integrityand not be less thanfifty years and fortyyears of age,respectively.
(2) There shall be for eachState of the Federation
Third Schedule, Part I
(1) The Independent NationalElectoral commission shallcomprise the followingmembers-
(a) A Chairman, who shall bethe Chief ElectoralCommissioner; and
(b) Twelve other membersto be known as NationalElectoral Commissionerswho shall be persons of unquestionable integrityand not be less than fiftyyears and forty years of age, respectively.
(2) There shall be for eachState of the Federation and the
Third Schedule, Part I
14 (1) The Independent NationalElectoral Commission shallcomprise the followingmembers-(a) a Chairman, who shall be theChief Electoral Commissionerand a Deputy Chairman;
(b) twelve other members to beknown as National Electoral
Commissioners.
“(2) A member of the
Commission shall-
(a) be non-partisan and a person
of unquestionable integrity;
b) not be less than forty years
of age in the case of the
Chairman, and not less than
thirty five years of age in the
case of the National
Commissioners.
(3) There shall be for each State
Third Schedule, Part I
(1) The IndependentNational ElectoralCommission shall comprisethe following members-(a) A Chairman, who shallbe the Chief ElectoralCommissioner; and
(b) Twelve other membersto be known as NationalElectoral Commissioners.
(2) A member of the
Commission shall-
(a) be non-partisan and a
person of unquestionable
integrity;
(b) not be less than forty
years of age in the case of
the Chairman, and not less
than thirty five years of age
in the case of the National
Commissioners.
(3) There shall be for eachState of the Federation and
Senate
House
House
Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 48/51
48
and the Federal CapitalTerritory, Abuja, aResident ElectoralCommissioner who shall-(a) be appointed by the
President,(b) be persons of
unquestionableintegrity;
(c) not less than fortyyears of age.
Federal Capital Territory, Abuja,a Resident ElectoralCommissioner who shall-
(a) be appointed by thePresident subject toconfirmation by theSenate,
(b) be persons of unquestionableintegrity and shall notbe a member of anypolitical party;
(c) not less than fortyyears of age.
of the Federation and the
Federal Capital Territory, Abuja,
a Resident Electoral
Commissioner who shall-
(a) be a person of unquestionable integrity;
(b) not less than thirty-five years
of age; and
(c) be non-partisan.
the Federal CapitalTerritory, Abuja, a ResidentElectoral Commissioner whoshall-(a) be appointed by thePresident subject toconfirmation by theSenate,(b) be persons of unquestionable integrityand shall not be amember of any politicalparty;
(c) not less than thirty fiveyears of age.
House
Paragraph15
The Commission shall havepower to-
(c) monitor the organization andoperation of the political parties,including their finances;
The Commission shall havepower to-
(c) monitor the organizationand operation of the politicalparties, including their finances,conventions, congressesand party primaries;
The Commission shall havepower to-
Retained as in Principal Act
The Commission shallhave power to-
(c) monitor the organizationand operation of thepolitical parties, includingtheir finances,conventions, congressesand party primaries;
Senate
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 49/51
49
SIXTH SCHEDULECONSTITUTIONAL
PROVISIONS
Senate Bill as Passed House of Reps Bill as
Passed
Harmonized
National Assembly Election
Tribunal
Sixth Schedule, Paragraph 1
(1) A National Assembly ElectionTribunal shall consist of aChairman and four othermembers.
(2) The Chairman shall be aJudge of a High Court and thefour other members shall beappointed from amongJudges of a High court, Kadisof a Sharia Court of Appeal,Judges of a Customary Courtof Appeal or other membersof the judiciary not below therank of a chief Magistrate.
(3) The Chairman and other
members shall be appointedby the President of the Courtof Appeal in consultation withthe Chief Judge of the State,the Grand Kadi of the ShariaCourt of Appeal of the Stateor the President of theCustomary Court of Appeal of the State, as the case may
National Assembly Election
Tribunal
Sixth Schedule, Paragraph 1
(1) A National AssemblyElection Tribunal shall consist of a Chairman and four two othermembers.
(2) The Chairman shall be aJudge of a High Court and thefour two other members shallbe appointed from amongJudges of a High court, Kadis of a Sharia Court of Appeal,Judges of a Customary Court of
Appeal or other members of the judiciary not below the rank of a Chief Magistrate.
National and State Houses of
Assembly Election Tribunals
Sixth Schedule, Paragraph 1
(1) A National and State Houses
Assembly Election Tribunal shall
consist of a Chairman and four
two other members.
(2) The Chairman shall be a
Judge of a High Court and thefour two other members shallbe appointed from amongJudges of a High court, Kadis of a Sharia Court of Appeal,Judges of a Customary Court of
Appeal or other members of the judiciary not below the rank of a Chief Magistrate.
B - Governorship and
Legislative House Election Tribunal
2. (1) A Governorship andLegislative Houses ElectionTribunal shall consist of aChairman and four two othermembers.
(2) The Chairman shall be a
National and State Houses of
Assembly Election Tribunals
Sixth Schedule, Paragraph 1
(1) A National and State
Houses of Assembly Election
Tribunal shall consist of a
Chairman and four two other
members.
(2) The Chairman shall be aJudge of a High Court and thefour two other members shallbe appointed from amongJudges of a High court, Kadisof a Sharia Court of Appeal,
Judges of a Customary Courtof Appeal or other members of the judiciary not below therank of a Chief Magistrate.
House
Same
House
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 50/51
50
be.B - Governorship and
Legislative House Election Tribunal
2. (1) A Governorship and
Legislative Houses ElectionTribunal shall consist of aChairman and four othermembers.
(2) The Chairman shall be aJudge of a High Court and thefour other members shall beappointed from among Judges of a High Court, Kadis of a ShariaCourt of Appeal, Judges of a
Customary Court of Appeal ormembers of the judiciary notbelow the rank of a Chief Magistrate.
(3) The Chairman and othermembers shall be appointed bythe President of the Court of
Appeal in consultation with theChief Judge of the State, theGrand Kadi of the Sharia Court of
Appeal of the State or thePresident of the Customary Courtof Appeal of the State, as thecase may be.
Judge of a High Court and thefour other members shall beappointed from among Judgesof a High Court, Kadis of aSharia Court of Appeal, Judgesof a Customary Court of Appeal
or members of the judiciary notbelow the rank of a Chief Magistrate.(3) The Chairman and othermembers shall be appointed bythe President of the Court of
Appeal in consultation with theChief Judge of the State, theGrand Kadi of the Sharia Courtof Appeal of the State or thePresident of the Customary
Court of Appeal of the State, asthe case may be.
Citation
The Bill may be cited as theConstitution (Second
Amendment) Bill, 2010
Citation
The Bill may be cited as theConstitution (First Amendment)Bill, 2010
Citation
The Bill may be cited as theConstitution (First
Amendment) Bill, 2010
HOUSE
8/8/2019 Constitution - Harmonised Final
http://slidepdf.com/reader/full/constitution-harmonised-final 51/51