constitution - harmonised final

8/8/2019 Constitution - Harmonised Final

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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


(a) he has been educated up toat least school certificate tertiary

level and obtained therelevant certificates; and



(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;


(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



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

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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


Disqualifications

(h) Retained as in Principal Act

Disqualifications

Deleted Senate



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”


(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


1. (g) Deleted Senate



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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


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

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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.


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.


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


(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


(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

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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.


(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.


(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


(8) The recurrent expenditureof the Independent NationalElectoral Commission in


(8) The recurrent expenditure

of the Independent NationalElectoral Commission inaddition to salaries and

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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.


(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” .


(1) (d) he is a member of apolitical party and is sponsoredby that party or he is anindependent candidate.

Nil


(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

(1) No person shall be qualifiedfor election to a House of

Assembly if –


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”


(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”


(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


1. (g) Deleted Senate



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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


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

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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.



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.



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


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



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


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.



(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.”



(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-


(1) A Person shall be qualified forelection to the office of Presidentif-


(1) A Person shall be qualified forelection to the office of Presidentif-

Qualification for Electionas President

(1) As Passed by both Houses Same



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.



(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.” .



(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






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(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


(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;


(1) Retained as in Principal Act Senate



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(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



Disqualifications


Deleted

Same

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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


Retained as in the Principal Act


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





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.



“(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



“(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



“(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

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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;




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.




(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.



Section156

Qualification for Membership

156. (1) No person shall bequalified for appointment as amember of any of the bodies






156. (1) No person shall bequalified for appointment as amember of any of the bodiesaforesaid if -

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18

aforesaid if -

(a) he is not qualified or if he isdisqualified for election as amember of the House of

Representatives;

aforesaid if -


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 -


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


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


Section158

Independence of certainbodies

(1) In exercising its power tomake appointments or to exercisedisciplinary control over persons,




(1) In exercising its power tomake appointments or toexercise disciplinary control over


Retained as in Principal ActSenate



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



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



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.


Governor



(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


Governor



(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


Nil

Qualification for Election

as Governor


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


Nil

House

House



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.


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.


(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.


(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


“(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


(1) Retained as in Principal Act Senate



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



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


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


The National Assembly shall makeprovisions in respect of -




The National Assembly shallmake provisions in respect of -





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


(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


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


“(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



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



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



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.


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.


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


(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;


(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




(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



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.


(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


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


political parties

Deleted


political parties

Deleted


political parties

Deleted Same



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


Deleted


Deleted


Deleted

Same



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



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.


Deleted


Deleted

Finances of PoliticalParties

Deleted Same



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


Deleted


Deleted


Deleted Same



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



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.


Deleted


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


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.


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.


As passed by both HousesSame

Deleted andreplaced withnew provision



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



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.



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, 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



(2) An appeal shall lie fromdecisions of the Court of Appealto the Supreme Court as of rightin the following cases –


(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,


(2) An appeal shall lie fromdecisions of the Court of

Appeal to the Supreme Courtas of right in the followingcases –


(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



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.





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.



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



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.


(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.


(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”.


(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


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




(3) Subject to the provisions of


(3) Subject to the House



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


(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


(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”



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.


(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.


Senate

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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

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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

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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,




Exclusive Legislative List

Second Schedule, Part I,




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


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


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”;



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


(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


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


(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

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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;


(c) monitor the organizationand operation of the politicalparties, including their finances,conventions, congressesand party primaries;



The Commission shallhave power to-

(c) monitor the organizationand operation of thepolitical parties, includingtheir finances,conventions, congressesand party primaries;

Senate



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


(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


(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


(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

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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

constitution - harmonised final

Documents