Draft People’s Constitution Of The Federal Republic Of Nigeria

Arrangement of Sections

SectionsCHAPTER I

The Federation and its Territories

1.Supremacy of the Constitution

2.The FederalRepublic of Nigeria

3.Territories of the Federation 1st Schedule

4.Alteration of this Constitution

5.Provisions relating to Regional Constitution

6.Interpretation of Chapter 1

CHAPTER II

CITIZENSHIP

7.Citizenship by Birth

8.Citizenship by Registration

9.Citizenship by Naturalization

10.Dual citizenship

11.Renunciation of Citizenship

12.Deprivation of Citizenship

13.Person Deemed to be Nigerian Citizens

14.Power to make Regulations

CHAPTER III

FUNDAMENTAL RIGHTS

15.Sovereignty of the People and Primary Purpose of Government

16.Right to Life

17.Right to Dignity of the Person

18.Right to Personal Liberty

19.Right to Fair Hearing

20.Right to Private and Family Life

21.Right to freedom of thought, Conscienceand Religion

22.Right to Freedom of Expression and the Press

23.Right to Peaceful Assembly and association

24.Right to Freedom of Movement

25.Right to Freedom from discrimination

26.Right to Property, Compulsory Acquisition and Compensation

27.Citizenship- Political, Gender and Socio-economic Rights

28.Restrictions

29.Special Jurisdiction of high Court and LegalAid

CHAPTERIV

THE PRESIDENT OF THE REPUBLIC

30.Office of President and Commander-in- Chief of the FederalRepublic

31.Election of President

32.Tenure of Office of President

33.Oaths to be taken by President

34.Removal of President from Office

35.Discharge of President's Function duringVacancy

36.Procedure at Election Meeting

CHAPTER V

PARLIAMENT

Part 1 Composition of Parliament

37.Establishment of Parliament

38.Composition of the House of Representatives

39.Size of Constituencies

40.Qualification for Membership of Parliament

41.Disqualification for Membership of Parliament

42.Speaker of the House of Representatives

43.Right of Attendance of a Minister

44.Tenure of seats of Members of Parliament

45.Electoral Commission

46.Constituencies

47.Elections

48.Determination of Questions respectingMembership of Parliament

49.Clerk and Staff of Parliament

Part 2 Procedure in Parliament

  1. Oaths to be taken by members of Parliament
  2. Independence of Parliament
  3. Presiding in the House of Representatives
  4. Quorum in the House of Representatives
  5. The Use of English in Parliament
  6. Voting in Parliament
  7. Unqualified Person Sitting or Voting
  8. Mode of Exercising Legislative Powers
  9. Restrictions on Representation of a failed Bill
  10. Restriction with regards to certain

Financial Measures

  1. Population of Procedure of the Houseof Representatives
  2. Interpretation of Part 2

Part 3 Summoning, Prorogation and Dissolution

  1. Sessions of Parliament
  2. Prorogation and Dissolution of Parliament
  3. Powers of Parliament to make Laws
  4. Special Power of Parliament in relationto Emergencies
  5. Special Power of Parliament

When Section 81 of this Constitution has been Contravened

  1. Powers of Parliament Conferred by Regional Law
  2. Powers to make grants of money etc for any purpose
  3. Implementations of Treaties etc
  4. Titles of Honour
  5. Income Tax and Estate Duty
  6. Trade and Commerce
  7. Banks and Banking
  8. Electricity or Gas
  9. Authorities empowered to administer trustsand Estates
  10. Exhibition of cinematographic films
  11. Exemption from certain Regional taxes
  12. Evidence

CHAPTER VI

EXECUTIVE POWERS

  1. 79 Exercise of the Executive Authority of the Federation
  2. Extent of Executive Authority of Regions
  3. Executive Authority of Region
  4. Minister of Government of the Federation
  5. Attorney General of the Federation
  6. Establishment of the Council of Ministers
  7. Collective Responsibility
  8. Allocation of Port Folio to Ministers
  9. Performance of functions of Prime Ministerduring absence etc.
  10. Exercise of President's Power
  11. President to be informed concerning matters of government
  12. Parliamentary Secretaries
  13. Oaths to be taken by Ministers etc.
  14. Constitution of offices for Federation
  15. Delegation of Executive Authority of Region
  16. Delegation of Executive Authority of Federation
  17. Delegation of Executive Authority of Region
  18. Prerogative of Mercy
  19. Establishment of Advisory Council on prerogative of mercy
  20. Functions of ADVISORY Council
  21. Public Prosecution

CHAPTER VII

DEFENCE AND SECURITYSERVICES

Part 1 Police

  1. 100 Establishment of the Nigerian Police Service
  2. Control of Nigeria Police Service
  3. Establishment of Nigeria Police Council
  4. Functions of the Federal Police Council
  5. Establishment of Police Service Commission
  6. Appointments to Nigeria Police Service

Part 2 Armed Forces of Nigeria

  1. 106 Establishment and Composition of the Armed Forces of the Federation
  2. Establishment of Armed Forces and Joint Defence
  3. Command and operational Use
  4. Establishment of a body to ensure Compliance with Section 106(3), 107(2), 108(5)
  5. Compulsory Military Service

Part 3 Other Services

  1. Other Security Services
  2. Composition toComplywith Section 106(5)
  3. Organisation and Administration
  4. Prison Services

Part4

  1. Establishment of certain Federal Executive Bodies
  2. Appointment Tenure, Qualification and RemovalsofMembers
  3. Independence of certain Bodies
  4. Quorum Powers and Procedure Interpretation

CHAPTER VIII

  1. Establishment of Supreme Court
  2. Appointment of Justices to the Supreme Court
  3. Tenure of Office ofJustices
  4. OriginalJurisdiction
  5. Question as to the Interpretation of thisConstitution
  6. Advisory of Jurisdiction Supreme Court
  7. Appellate Jurisdiction
  8. Appeals from Regional Supreme Courts
  9. Determinations of Supreme Court to be Final
  10. Powers, Practice and Procedure of the Supreme Court
  11. Establishment of a Federal Court of Appeal
  12. Appointment of Justices of the Court of Appeal
  13. Original Jurisdiction
  14. Appellate Jurisdiction
  15. Appeal as of Right
  16. Appeal with Leave
  17. Exercise of right of Appeal in Civil and Criminal Matters for Appeals from High Court
  18. Appeals from Code of Conduct and OtherTribunals
  19. Constitution
  20. Practice and Procedure
  21. Establishment of High Court of the FederalCapitalTerritory
  22. Appointment of Judges of the Federal Capital

Territory

  1. Tenure of Office of Judges
  2. Appellate Jurisdiction
  3. Establishment of Further Courts

Part 3 General

  1. Special Provisions as to Regional Courtsof Appeal
  2. Oaths to be taken by justices of the Supreme Court and Federal Court of Appeal

CHAPTER IX

FINANCE

Part 1 Public funds of the Federation

  1. The Consolidated Revenue Fund of the Federation
  2. Authorization of Expenditure fromConsolidated Revenue Fund
  3. Authorization of Expenditure in Advance of Appropriation
  4. Contingencies Fund, Foreign Reserves
  5. Remuneration of President and Certain Other Offices
  6. Auditor General of the Federation
  7. Public Debt

Part 2

  1. Fiscal Arrangement

CHAPTER X

TRANSITIONAL PROVISIONS

  1. Citizenship
  2. Staff of Legislative Houses
  3. StandingOrders
  4. Special Provision in respect of first Election
  5. System Of Revenue Allocation
  6. Debts
  7. Existing Law
  8. Existing Institutions
  9. Succession to property, rights, liabilitiesand Obligations
  10. Appointment of Offices in Public Service
  11. Appointment of Principal Representatives of RepublicAbroad

CHAPTER XI

MISCELLANEOUS

  1. Power of Commission to Regulate itsProcedure
  2. Prohibition of certain Legal Proceedings
  3. Resignations
  4. Re-appointment
  5. Commission on Revenue Mobilisation, Allocation and Fiscal
  6. Interpretations
  7. Citation

SCHEDULES

First Schedule

Regions of the Federation and Component

Nationalities of the Regions

Second Schedule

Territories Comprising the Regions

Third Schedule

The Exclusive Legislative List

Fourth Schedule

Federal Executive Bodies

Fifth Schedule

Oaths

DRAFT OF THE PEOPLE’S NATIONAL CONFERENCE PROPOSED CONSTITUTION FOR THE FEDERALREPUBLIC OF NIGERIA

PREAMBLE

We, The Peoples of Nigeria including members of Ethnic Nationalitiesand Civil Society Organisations. Having firmly resolved to establishthe Federal Republic of Nigeria. With a view to ensuring the unity ofour people and faith in our father land, For the purpose of promoting inter-African co-operation and solidarity, In order to assure worldpeace and international understanding, and So as to further the endsof liberty, equality and justice both in our country and in the world at large, by our representatives here assembled, do hereby declare,enact and give to ourselves the following Constitution;-

CHAPTER 1

THE FEDERATION AND ITS TERRITORIES

1. (1) This Constitution including its preamble shall have the force of law throughout Nigeria and, subject to the provisions of Section 4 of this Constitution, if any other law (including the constitution of a Region) is inconsistent with this Constitution, t h i s Constitution shall prevail and the other shall, to the extent of the inconsistency, be void.

(2) The ethnic Nationalities referred to in the preamble to this Constitution are listed inPart 1 of the First Schedule to this Constitution.

2. (1) Nigeria shall be a Federation comprised of Regions, and a FederalCapitalTerritory and shall be a Republic by the name of the Federal Republic of Nigeria.

(2) The Regions shall be the Federating Units and shall in turn consist of

States and Local GovernmentAreas.

3. (1) There shall be 18 Regions consisting of the 12 mono-ethnic-nationalities and 6 multi-ethnic nationality Federations listed in Part II of the First Schedule to this Constitution.

(2) The Regions and the Federal Capital territory shall consist of the areas comprised p in those territories respectively as at the time this Constitution comes into force aslisted in Schedule 2 to this Constitution.

(3) Each of the ethnic nationalities referred to in section 1 (2) of this constitution hasthe right to self-determination and shall be at liberty to secede from the federation if itis no longer satisfied with the union. This shall be in accordance with universallyrecognized procedures including plebiscite or referendum supervised by the AfricanUnion and/or the United Nations.

(4) The power to create States shall vest in the Regions.

(5) The power to create Local GovernmentArea shall vest in the States.

4. (1) Parliament may alter any of the provisions of this Constitution;Provided that, in so far as it alters any of the provisions of this section, Sections 1,2,5,6,18 to 32,34,37,38,45,46,47,57,62 to 89,99 to 121, 123, 125, 127, 129 to 139, 144, 146 to 148, 150to163, 164, 166, 171 and the Schedules to this Constitution or (in so far as they apply to anyof those provisions of Sections 61 and 170 of this Constitution), an Act of Parliament shallnot come into operation unless the legislature of at the least a majority of the Regions haspassed a resolution signifying consent to its having effect.

(2) A bill for an Act of Parliament under this section, not being an Act to which subsection (3) of this section applies, shall not be passed unless it has been supported on second and third readings by the votes of not less than two-thirds of the members of that house.

(3) Alteration to section 3of this Constitution for the purpose of the establishment of a new Region out of the territories shall be effected only in accordance with the following procedure-

(a) a proposal for the alteration shall be submitted to Parliament and, if that proposal is approved by a resolution of the House of Representatives supported by the votes of at least two-third of all the members of the House, the proposal shall then be submitted to thelegislative houses of all the Regions; and

(b) if the proposal is approved- by a resolution of the legislature of at the least a majority ofRegions, including any Region comprising any part of Nigeria that would be transferred tothe new Region underthe proposal, Parliament may provide for the alteration.

(4) Alteration to section 3 of this Constitution for the purpose of altering the boundaries of territories by the transfer of any part of one territory to another territory shall be effected only in accordance with the following procedure:-

(a) a proposal for the alteration shall be submitted to Parliament and, if that proposal is approved by a resolution of Parliament supported by the votes of at least two- thirds of all the members of that House, the proposal shall then be submitted to the legislative houses of all the Regions; and

(b) if the proposal is approved-

(i) bya resolution of the legislature of a majority of all the Regions, including any Regionto which any part of Nigeria comprised in another territory would be transferred under the proposal; or

(ii) by a resolution of the legislature of each Region comprising any part of Nigeria that would be transferred either to or from that Region under the proposal, Parliament may provide for the alteration, provided that the procedure described in paragraphs (a) and (b)of this subsection need not to be followed if the alteration is for the purpose of transferring an area of not more than two thousand square kilometers inhabited by not more than five hundred thousand persons from one Region to another Region or Regions.

(5)An act of Parliament passed for the purpose of subsection (3) of this section or an act of Parliament passed for the purpose of subsection (4) of this section, being an Act to effect an alteration in respect of which the procedure described in paragraphs (a) and (b) thereof is required to be followed, shall not come into operation unless-

(a) a resolution has been passed by the legislature of a majority of Regions signifying consent to its having effect; and

(b) a referendum upon the question of whether the Act should have effect has been held in pursuance of provision made in that behalf by parliament in every part of Nigeria that would be comprised in a new Region or transferred from one territory to another, as the case may be, at which the persons entitled to vote were the persons who at the referendum were entitled to vote in any constituency in that part of Nigeria established under section46 of this Constitution and at which at least three-fifths of all the persons were entitled to vote at the referendum voted in favour of the Act.

(6) An act of Parliament passed for the purpose of subsection (4) of this section, being an Act to effect an alteration in respectofwhichthe procedure described in paragraphs (a) and (b) thereof is not required to be followed, shall not come into operation unless a resolution has been passed by the legislature of each Region whose boundaries are affected by the Act signifying consent to its having effect.

(7)An act of Parliament altering section 38, 45 and 46 of this Constitution in relation to the federal Capital territory in such a manner that the number of members of the House of Representatives to be elected in that territory would be less than the appropriate proportion for that territory shall not come into operation unless a resolution supported by a majority of the members of that house who represent that territory has been passed by the Parliament signifying consent to its having effect.

(8) The provisions of Section 5 and 81 of this Constitution shall not be altered except in accordance with the following procedure:-

(i) A proposal for the alteration shall be submitted to Parliament and, if that proposal is approved at second and third reading by a resolution of the House of Representatives supported by the votes of at least two-thirds of all the members of the House, the proposalshall then be submitted to the legislature of all the Regions and if the proposal is approved bya resolution of the legislature of at the least a majority of the Regions, it is then submitted to the people for a referendum upon the question whether theAct should have effect.

(ii) The Act shall not have effect unless it is approved at the referendum referred to in this subsection by the votes of at the least three-fifths of all persons entitled to vote that Referendum being persons entitled to vote in their Constituencies if election were to beheld on the day of the referendum.

(9) For the purpose of subsections (7) and (8) of this section that expression "the appropriate proportion" means, in relation to a Regional Federal Capital Territory, such proportion of the total number of members of the House of Representatives as corresponds most nearly to the proportion borne by the number of inhabitants of that Region and Federal Capital Territory to the total number of inhabitants of Nigeria.

(11) For the purposes of/his section the number of inhabitants of Nigeria or a territory shall be ascertained by reference to the latest census of the population of Nigeria held in pursuance of an Act of Parliament.

(12) Without prejudice to the generality of this section, the fundamental provisions of this Constitution touching upon citizens liberty and security and upon the powers of the Regions will be changeable only by the will of the people expressed in a referendum which would take place afterthree-fifthsof the Parliament had approved such a change.

5.(1) Subject to the provisions of this Constitution, the constitution of each Region shall have the force of law throughout that Region, and if any other law is inconsistent with that constitution, the provisions of that constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

(2) Subject to the provisions of this Constitution, the constitution of a Region may be altered only bya law enacted by the legislature of that Region.

(3)Abill for a law to be enacted by the legislature of a Region altering any of the provisionsof the constitution of that Region shall not be passed in any legislative house of that Region unless it has been supported on second and third readings by the votes of not less than two-thirds of all the members of that legislature and shall not be presented to the Governorof the Region for assent unless it has been passed by the legislature of the Region.

(4) No law enacted by the legislature of a Region, to the extent that it alters any provision of the constitution of that Region to which this subsection applies, shall have effect unless a resolution supported by the votes of at least two-thirds of all the members of that Legislature is passed by the House signifying consent to its having effect.

(5) Where a new Region is established out of other territories or parts of other territories, Parliament may make laws for the peace, order and good government of that Region withrespect to matters not included in the Legislative List (including provision for the constitution of that Region) for a period of six months after the establishment of that Region, but thereafter Parliament shall have only such powers to make laws for that Region as ithas in relation to the other Regions, provided that nothing in this section shall preclude the legislature of that Region from making laws in accordance with the provisions of this Constitution and the constitution of the Region.

(6) Subsection (4) of this section applies to any provision of the constitution of a Region relating to-

(a) the establishment of any of the following, that is to say, the office of Governor, a legislature, an executive council, the office of any Minister of the Government , a High Court, a court having jurisdiction on appeal from a High Court, an electoral commission, a public service commission and the office of the Auditor General of the Federation;

(b) the manner in which the Governor's function are to be exercised;

(c) the appointment, tenure of office and the terms of service of any of the following, that is to say, the Governor, the judges of the High Court or of a court having jurisdiction as aforesaid, the members of the commissions referred to in paragraph (a) of this subsection and the Auditor General of the Region.

(d) the functions of any of the following, that is to say, the executive council, the commissions referred to in paragraph (a) of this subsection and the Auditor General of the Region.;

(e) the appointment and tenure of office of Ministers- of the Government and the allocation of portfolios;

(f) the summoning, sessions, prorogation and dissolution of the legislature

(h) appeals to the High Court from subordinate courts and appeals from the High Court; and

(i) the procedure of the commission referred to in paragraph (a) of thissubsection

6. Without prejudice to the generality of section 170 of this constitution, in this chapter-

(a) references to any of the provisions of this Constitution or the constitution of a Region include references to any law, or instrument made under a law, that amends, modifies, re- enacts with or without amendment or modification or makes different provision in lieu of that provision; andof a Region include references to the amendment or modification or re-enactment, with or without amendment or modification, of that provision, the suspension or repeal of that provision and the making of different provisions in lieu of that provision.