CHAPTER VIII

FEDERAL CAPITAL TERRITORY, ABUJA AND GENERAL SUPPLEMENTARY PROVISIONS

Part I

Federal Capital Territory, Abuja

297.

(1) There shall be a Federal Capital Territory, Abuja the boundaries of which are as defined in Part II of the First Schedule to this Constitution.

(2)The ownership of all lands comprised in the Federal Capital Territory, Abuja shall vest in the Government of the Federal Republic of Nigeria.

298. The Federal Capital Territory, Abuja shall be the Capital of the Federation and seat of the Government of the Federation.

299. The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly -

(a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja;

(b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and

(c) the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section.

300. For the purposes of Chapter V of this Constitution, the Federal Capital Territory, Abuja shall constitute one Senatorial district and as many Federal constituencies as it is entitled to under section 49 of this Constitution.

301. Without prejudice to the generality of the provisions of section 299 of this Constitution, in its application to the Federal Capital Territory, Abuja, this Constitution shall be construed as if-

(a) references to the Governor, Deputy Governor and the executive council of a State (howsoever called) were references to the President, Vice-President and the executive council of the Federation (howsoever called) respectively;

(b) references to the Chief Judge and Judges of the High Court of a State were references to the Chief Judge and Judges of the High Court, which is established for the Federal Capital Territory, Abuja by the provisions of this Constitution; and

(c) references to persons, offices and authorities of a State were references to the persons, offices and authorities of the Federation with like status, designations and powers, respectively; and in particular, as if references to the Attorney-General, Commissioners and the Auditor-General for a State were references to the Attorney-General, Ministers and the Auditor-General of the Federation with like status, designations and powers.

302. The President may, in exercise of the powers conferred upon him by section 147 of this Constitution, appoint for the Federal Capital Territory, Abuja a Minister who shall exercise such powers and perform such functions as may be delegated to him by the President, from time to time.

303. The Federal Capital Territory, Abuja shall comprise six area councils and the administrative and political structure thereof shall be as provided by an Act of the National Assembly.

304.

(1) There shall be for the Federal Capital Territory, Abuja, a Judicial Service Committee of the Federal Capital Territory, Abuja, the composition and functions of which shall be as provided in Part III of the Third Schedule to this Constitution.

(2) The provisions of sections 154(1) and (3), 155, 156, 157(1) and (2), 158(1) and 159 to 161 of this Constitution shall apply with necessary modifications to the Judicial Service Committee of the Federal Capital Territory, Abuja.

Part II

Miscellaneous Provisions

305.

(1) Subject to the provisions of this Constitution, the President may by instrument published in the Official -Gazette} of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof.

(2) The President shall immediately after the publication, transmit copies of the Official -Gazette} of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.

(3) The President shall have power to issue a Proclamation of a state of emergency only when -

(a) the Federation is at war;

(b) the Federation is in imminent danger of invasion or involvement in a state of war;

(c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security;

(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger;

(e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;

(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or

(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.

(4) The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State.

(5) The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such Proclamation.

(6) A Proclamation issued by the President under this section shall cease to have effect -

(a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;

(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;

(c) after a period of six months has elapsed since it has been in force:

Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or

(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the members of each House.

306.

(1) Save as otherwise provided in this section, any person who is appointed, elected or otherwise selected to any office established by this Constitution may resign from that office by writing under his hand addressed to the authority or person by whom he was appointed, elected or selected.

(2) The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.

(3) The notice of resignation of the President and of the Vice-President shall respectively be addressed to the president of the Senate and to the President.

(4) On the resignation of the President, the President of the Senate shall forthwith give notice of the resignation to the Speaker of the House of Representatives.

(5) The notice of resignation of the Governor and of the Deputy Governor of a State shall respectively be addressed to the Speaker of the House of Assembly and the Governor of the State.

(6) The notice of resignation of the President of the Senate and of the Speaker of the House of Representatives shall in each case be addressed to the Clerk of the National Assembly, and the notice of resignation of the Speaker of a House of Assembly shall be addressed to the Clerk of the House of Assembly of the State.

(7) The notice of resignation of a member of a legislative house shall be addressed to the President of the Senate or, as the case may require, to the Speaker of the legislative house in question.

307. Notwithstanding any provisions contained in Chapter IV and subject to sections 131 and 177 of this Constitution, no citizen of Nigeria by registration or under a grant of certificate of naturalization shall within ten years of such registration or grant, hold any elective or appointive office under this Constitution.

308.

(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section -

(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;

(b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise; and

(c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued:

Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.

(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.

(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to "period of office" is a reference to the period during which the person holding such office is required to perform the functions of the office.

Part III

Transitional Provisions and Savings

Citizenship

309. Notwithstanding the provisions of Chapter III of this Constitution but subject to section 28 thereof, any person who became a citizen of Nigeria by birth, registration or naturalization under the provisions of any other Constitution shall continue to be a citizen of Nigeria under this Constitution.

Staff of legislative house

310.

(1) Until the National Assembly or a House of Assembly has exercised its powers to initiate legislation in accordance with the provisions of section 51 or 93 of this Constitution, the Clerk or other staff of a legislative house shall be appointed, as respects each House of the National Assembly by the Federal Civil Service Commission, and as respects a House of Assembly by the State Civil Service Commission.

(2) In exercising its powers under the provisions of this section, the Federal Civil Service Commission shall consult, as appropriate, the President of the Senate or the Speaker of the House of the Representatives, and a State Civil Service Commission shall consult the Speaker of the House of Assembly of the State.

Constitution of the Federal Republic of Nigeria (Promulgation) 1999 NO. A1035

311.

(1) The provisions of this section shall have effect until the National Assembly or a House of Assembly exercises the powers conferred upon it by section 60 or 101 of this Constitution as appropriate.

(2) The Standing Orders of the Senate established under the former Constitution shall apply in relation to the proceedings in the Senate established under this Constitution.

(3) The Standing Orders of the House of Representatives established under the former Constitution shall apply in relation to the proceedings in the House of Representatives established under this Constitution.

(4) The Standing Orders of a House of Assembly established under the former Constitution shall apply in relation to a House of Assembly of a State established under this Constitution.

(5) The Standing Orders of the former legislative houses referred to in subsections (2), (3) and (4) of this section, shall apply in relation to a legislative house with such modifications as may be necessary to bring them into conformity with the provisions of this Constitution.

(6) In this section, the "former Constitution" refers to the Constitution of the Federal Republic of Nigeria 1979.

312.

(1) The electoral commission established for the Federation under any law in force immediately before the date when this section comes into force shall be responsible for performing the functions conferred on the Independent National Electoral Commission established by the provisions of this Constitution.

(2) Any person who before the coming into force of this Constitution was elected to any elective office mentioned in this Constitution in accordance with the provisions of any law in force immediately before the coming into force of this Constitution shall be deemed to have been duly elected to that office under this Constitution.

313. Pending any Act of the National Assembly for the provision of a system of revenue allocation between the Federation and the States, among the States, between the States and local government councils and among the local government councils in the States, the system of revenue allocation in existence for the financial year beginning from 1st January 1998 and ending on 31st December 1998 shall, subject to the provisions of this Constitution and as from the date when this section comes into force, continue to apply:

Provided that where functions have been transferred under this Constitution from the Government of the Federation to the States and from the States to local government councils the appropriations in respect of such functions shall also be transferred to the States and the local government councils, as the case may require.

314. Any debt of the Federation or of a State which immediately before the date when this section comes into force was charged on the revenue and assets of the Federation or on the revenue and assets of a State shall, as from the date when this section comes into force, continue to be so charged.

315.

(1) Subject to the provisions of this Constitution, an existing law shall have effect with such modifications as may be necessary to bring it into conformity with the provisions of this Constitution and shall be deemed to be -

(a) an Act of the National Assembly to the extent that it is a law with respect to any matter on which the National Assembly is empowered by this Constitution to make laws; and

(b) a Law made by a House of Assembly to the extent that it is a law with respect to any matter on which a House of Assembly is empowered by this Constitution to make laws.

(2) The appropriate authority may at any time by order make such modifications in the text of any existing law as the appropriate authority considers necessary or expedient to bring that law into conformity with the provisions of this Constitution.

(3) Nothing in this Constitution shall be construed as affecting the power of a court of law or any tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any other law, that is to say-

(a) any other existing law;

(b) a Law of a House of Assembly;

(c) an Act of the National Assembly; or

(d) any provision of this Constitution.

(4) In this section, the following expressions have the meanings assigned to them, respectively -

(a) "appropriate authority" means -

(i) the President, in relation to the provisions of any law of the Federation,

(ii) the Governor of a State, in relation to the provisions of any existing law deemed to be a Law made by the House of Assembly of that State, or

(iii) any person appointed by any law to revise or rewrite the laws of the Federation or of a State;

(b) "existing law" means any law and includes any rule of law or any enactment or instrument whatsoever which is in force immediately before the date when this section comes into force or which having been passed or made before that date comes into force after that date; and

(c) "modification" includes addition, alteration, omission or repeal.

(5) Nothing in this Constitution shall invalidate the following enactments, that is to say -

(a) the National Youth Service Corps Decree 1993;

(b) the Public Complaints Commission Act;

(c) the National Security Agencies Act;

(d) the Land Use Act,

and the provisions of those enactments shall continue to apply and have full effect in accordance with their tenor and to the like extent as any other provisions forming part of this Constitution and shall not be altered or repealed except in accordance with the provisions of section 9 (2) of this Constitution.

(6) Without prejudice to subsection (5) of this section, the enactments mentioned in the said subsection shall hereafter continue to have effect as Federal enactments and as if they related to matters included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

316.

(1) Any office, court of law or authority which immediately before the date when this section comes into force was established and charged with any function by virtue of any other Constitution or law shall be deemed to have been duly established and shall continue to be charged with such function until other provisions are made, as if the office, court of law or authority was established and charged with the function by virtue of this Constitution or in accordance with the provisions of a law made thereunder.

(2) Any person who immediately before the date when this section comes into force holds office by virtue of any other Constitution or law in force immediately before the date when this section comes into force shall be deemed to be duly appointed to that office by virtue of this Constitution or by any authority by whom appointments to that office fall to be made in pursuance of this Constitution.

(3) Notwithstanding the provisions of subsection (2) of this section, any person holding such office, a member of a court of law or authority, who would have been required to vacate such office, or where his membership of such court of law or authority would have ceased but for the provisions of the said subsection (2) of this section, shall at the expiration of the period prescribed therefore after the date when this section comes into force vacate such office or, as the case may be, his membership of such court of law or authority shall cease, accordingly.

(4) The foregoing provisions of this section are without prejudice to the exercise of such powers as may be conferred by virtue of this constitution or a law upon any authority or person to make provisions with respect to such matters as may be prescribed or authorized by this constitution or such law, including the establishment and abolition of offices, courts of law or authorities, and with respect to the appointment of persons to hold offices or to be members of courts of law or authorities and their removal from such offices, courts of law or authorities.

317.

(1) Without prejudice to the generality of section 315 of this constitution, any property, right, privilege, liability or obligation which immediately before the date when this section comes into force was vested in, exercisable or enforceable by or against-

(a) the former authority of the Federation as representative or trustee for the benefit of the Federation;

(b) any former authority of a state as representative or trustee for the benefit of the State,

shall on the date when this section comes into force and without further assurance than the provisions thereof vest in, or become exercisable of enforceable by or against the President and Government of the Federation, and the Governor and Government of the state, as the case may be.

(2) For the purposes of this section -

(a) the President and Government of the Federation, and the Governor and Government of a State, shall be deemed, respectively, to be successors to the said former authority of the Federation and former authority of the state in question; and

(b) references in this section to "former authority of the Federation" and "former authority of a state" include references to the former Government of the Federation and the former government of a state, a local government authority or any person who exercised any authority on its behalf.

PART IV

INTERPRETATION, CITATION AND COMMENCEMENT

318.

(1) In this Constitution, unless it is otherwise expressly provided or the context otherwise requires-

"Act" or "Act of the National Assembly" means any law made by the National Assembly and includes any law which takes effect under the provisions of this constitution as an Act of the National Assembly;

"appointment" or its cognate expression includes appointment on promotion and transfer or confirmation of appointment;

"area council" means each of the administrative areas within the Federal Capital Territory, Abuja;

"authority" includes government;

"belong to" or its grammatical expression when used with reference to a person in a state refers to a person either or whose parents or any of whose grand parents was a member of a community indigenous to that State;

"civil service of the Federation" means service of the Federation in a civil capacity as staff of the office of the President, the Vice-President, a ministry or department of the government of the Federation assigned with the responsibility for any business of the Government of the Federation;

"civil service of the State" means service of the government of a state in a civil capacity as staff of the office of the governor, deputy governor or a ministry or department of the government of the state assigned with the responsibility for any business of the government of the State;

"Code of Conduct" refers to the Code of Conduct contained in the Fifth Schedule to this Constitution;

"Commissioner" means a Commissioner of the Government of a State;

"Concurrent Legislative List" means the list of matters set out in the first column in Part 11 of the second schedule to this constitution with respect to which the National Assembly and a House of Assembly may make laws to the extent prescribed, respectively, opposite thereto in the second column thereof;

"decision" means, in relation to a court, any determination of that court and includes judgment decree, order, conviction, sentence or recommendation;

"enactment" means provision of any law or a subsidiary instrument;

"Exclusive Legislative List" means the list in Part 1 of the second schedule to this Constitution;

"existing law" has the meaning assigned to it in section 315 of this Constitution;

"federal character of Nigeria" refers to the distinctive desire of the peoples of Nigeria to promote national unity, foster national loyalty and give every citizen of Nigeria a sense of belonging to the nation as expressed in section 14 (3) and (4) of this Constitution;

"Federation" means the Federal Republic of Nigeria;

"financial year" means any period of twelve months beginning on the first day of January in any year or such other date as the National Assembly may prescribe;

"function" includes power and duty;

"government" includes the Government of the Federation, or of any state, or of a local government council or any person who exercises power of authority on its behalf;

"Governor" or "Deputy Governor" means the governor of a state or a deputy governor of a State;

"House of Assembly" means the House of Assembly of a State;

"Judicial office" means the office of Chief Justice of Nigeria or a Justice of the Supreme Court, the President or Justice of the Court of Appeal, the office of the Chief Judge or a Judge of the Federal High Court, the office of the Chief Judge or Judge of the High Court of the Federal Capital Territory, Abuja, the office of the Chief Judge of a State and Judge of the High Court of a State, a Grand Kadi or Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, a President or Judge of the Customary Court of Appeal; of the Federal Capital Territory, Abuja, a Grand Kadi or Kadi of the Sharia Court of Appeal of a State; and a reference to a "judicial officer" is a reference to the holder of any such office;

"Law" means a law enacted by the House of Assembly of a State;

"Legislative house" means the Senate, House of Representatives or a House of Assembly.

"Local government area" or "local government council" includes an area council;

“member” when used with reference to any commission or other bodies established by this Constitution includes the Chairman of that commission or body;

“Minister” means a Minister of the Government of the Federation;

“National Assembly” means the Senate and the House of Representatives established by this Constitution;

“oath” includes affirmation;

“Oath of Allegiance” means the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution;

“Office” when used with reference to the validity of an election means any office the appointment to which is by election under this Constitution;

“population quota” –

(a) when used with reference to a Senatorial district means the number obtained by dividing the number of the inhabitants of a State by the number of districts into which that State is divided under section 71 (a) of this Constitution;

(b) when used with reference to a Federal constituency means the number obtained by dividing the number of the inhabitants of Nigeria by the number of Federal constituencies into which Nigeria is divided under section 71 (b) of this Constitution; and

(c) when used with reference to a State constituency means the number obtained by dividing the number of the inhabitants of a State by the number of State constituencies into which that State is divided under section 112 of this Constitution;

“power” includes function and duty;

“prescribed” means prescribed by or under this Constitution or any other law;

“President” or “Vice-President” means the President or Vice-President of the Federal Republic of Nigeria;

“public service of the Federation” means the service of the Federation in any capacity in respect of the Government of the Federation, and includes service as –

(a) Clerk or other staff of the National Assembly or of each House of the National Assembly;

(b) Member of staff of the Supreme Court, the Court of Appeal, the Federal High Court, the High Court of the Federal Capital Territory, Abuja, the Sharia Court of Appeal of the Federal Capital Territory, Abuja, the Customary Court of Appeal of the Federal Capital Territory, Abuja or other courts established for the Federation by this Constitution and by an Act of the National Assembly;

(c) Member or staff of any commission or by an Act of the National Assembly;

(d) Staff of any area council;

(e) Staff of any statutory corporation established by an Act of the National Assembly;

(f) Staff of any educational institution established or financed principally by the Government of the Federation;

(g) Staff of any company or enterprise in which the Government of the Federation or its agency own controlling shares or interest; and

(h) Members or officers of the armed forces of the Federation or the Nigeria Police Force or other government security agencies established by law;

"public service of a State” means the service of the State in any capacity in respect of the Government of the State and includes service as:

(a) Clerk or other staff of the House of Assembly;

(b) member of staff of the High Court, the Sharia court of Appeal, the Customary Court of Appeal; or other courts established for a State by this Constitution or by a Law of a House of Assembly;

(c) member or staff of any commission or authority established for the State by this Constitution or by a Law of a House of Assembly;

(d) staff of any local government council;

(e) staff of any statutory corporation established by a Law of a House of Assembly;

(f) staff of any educational institution established or financed principally by a government of a State; and

(g) staff of any company or enterprise in which the government of a State or its agency holds controlling shares or interest;

"School Certificate or its equivalent" means

(a) a Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or

(b) education up to Secondary School Certificate level; or

(c) Primary Six School Leaving Certificate or its equivalent and -

(i) service in the public or private sector in the Federation in any capacity acceptable to the Independent National Electoral Commission for a minimum of ten years, and

(ii) attendance at courses and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totalling up to a minimum of one year, and

(iii) the ability to read, write, understand and communicate in the English language to the satisfaction of the Independent National Electoral Commission, and

(d) any other qualification acceptable by the Independent National Electoral Commission;

"Secret society" includes any society, association, group or body of persons (whether registered or not) -

(a) that uses secret signs, oaths, rites or symbols and which is formed to promote a cause, the purpose or part of the purpose of which is to foster the interest of its members and to aid one another under any circumstances without due regard to merit, fair play or justice to the detriment of the legitimate interest of those who are not members;

(b) the membership of which is incompatible with the function or dignity of any public office under this Constitution and whose members are sworn to observe oaths of secrecy; or

(c) the activities of which are not known to the public at large, the names of whose members are kept secret and whose meetings and other activities are held in secret;

"State" when used otherwise than in relation to one of the component parts of the Federation, includes government.

(2) Wherever it is provided that any authority or person has power to make, recommend or approve an appointment to an office, such power shall be construed as including the power to make, recommend or approve a person for such appointment, whether on promotion or otherwise, or to act in any such office.

(3) In this Constitution, references to a person holding an office shall include reference to a person acting in such office.

(4) The Interpretation Act shall apply for the purpose of interpreting the provision of this Constitution.

319. This Constitution may be cited as the Constitution of the Federal Republic of Nigeria 1999.

320. The provision of this Constitution shall come into force on 29th day of May 1999.

Schedules

First Schedule Section 3

Part 1 –

States of the Federation

State - Local Government Areas

Abia: Aba North, Aba South, Arochukwu, Bende, Ikwuano, Isiala-Ngwa North, Isiala-Ngwa South, Isuikwato, Obi Nwa, Ohafia, Osisioma Ngwa, Ugwunagbo, Ukwa East, Ukwa West, Umuahia North, Umuahia South, Umu-Neochi

Capital City: Umuahia

Adamawa: Demsa, Fufore, Ganaye, Gireri, Gombi, Guyuk, Hong, Jada, Lamurde, Madagali, Maiha, Mayo-Belwa, Michika, Mubi North, Mubi South, Numan, Shelleng, Song, Toungo, Yola North, Yola South.

Capital City: Yola

Akwa Ibom: Abak, Eastern Obolo, Eket, Esit Eket, Essien Udim, Etim Ekpo, Etinan, Ibeno, Ibesikpo Asutan, Ibiono Ibom, Ika, Ikono, Ikot Abasi, Ikot Ekpene, Ini, Itu, Mbo, Mkpat Enin, Nsit Atai, Nsit Ibom, Nsit Ubium, Obot Akara, Okobo, Onna, Oron, Oruk Anam, Udung Uko, Ukanafun, Uruan, Urue-Offong/Oruko, Uyo.

Capital City: Uyo

Anambra: Aguata, Anambra East, Anambra West, Anaocha, Awka North, Awka South, Ayamelum, Dunukofia, Ekwusigo, Idemili North, Idemili south, Ihiala, Njikoka, Nnewi North, Nnewi South, Ogbaru, Onitsha North, Onitsha South, Orumba North, Orumba South, Oyi.

Capital City: Awka

Bauchi: Alkaleri, Bauchi, Bogoro, Damban, Darazo, Dass, Ganjuwa, Giade, Itas/Gadau, Jama’are, Katagum, Kirfi, Misau, Ningi, Shira, Tafawa-Balewa, Toro, Warji, Zaki

Capital City: Bauchi

Bayelsa: Brass, Ekeremor, Kolokuma/Opokuma, Nembe, Ogbia, Sagbama, Southern Jaw, Yenegoa.

Capital City: Yenagoa

Benue: Ado, Agatu, Apa, Buruku, Gboko, Guma, Gwer East, Gwer West, Katsina-Ala, Konshisha, Kwande, Logo, Makurdi, Obi, Ogbadibo, Oju, Okpokwu, Ohimini, Oturkpo, Tarka, Ukum, Ushongo, Vandeikya..

Capital City: Makurdi

Borno: Abadam, Askira/Uba, Bama, Bayo, Biu, Chibok, Damboa, Dikwa, Gubio, Guzamala, Gwoza, Hawul, Jere, Kaga, Kala/Balge, Konduga, Kukawa, Kwaya Kusar, Mafa, Magumeri, Maiduguri, Marte, Mobbar, Monguno, Ngala, Nganzai, Shani.

Capital City: Maiduguri

Cross River: Abi, Akamkpa, Akpabuyo, Bakassi, Bekwara, Biase, Boki, Calabar-Municipal, Calabar South, Etung, Ikom, Obanliku, Obubra, Obudu, Odukpani, Ogoja, Yakurr, Yala.

Capital City: Calabar.

Delta: Aniocha North, Aniocha South, Bomadi, Burutu, Ethiope East, Ethiope West, Ika North East, Ika South, Isoko North, Isoko South, Ndokwa East, Ndokwa West, Okpe, Oshimili North, Oshimili South, Patani, Sapele, Udu, Ughelli North, Ughelli South, Ukwuani, Uvwie, Warri North, Warri South, Warri South West.

Capital City: Asaba.

Ebonyi: Abakaliki, Afikpo North, Afikpo South, Eboniyi, Ezza North, Ezza South, Ikwo, Ishielu, Ivo, Izzi, Ohaozara, Ohaukwu, Onicha.

Capital City: Abakaliki.

Edo: Akoko-Edo, Egor, Esan Central, Esan North East, Esan South East, Esan West, Etsako Central, Etsako East, Etsako west, Igueben, Ikpoba-Okha, Oredo, Orhionmwon, Ovia North East, Ovia South West, Owan East, Owan West, Uhunmwonde.

Capital City: Benin City.

Ekiti: Ado Ekiti, Aiyekire, Efon, Ekiti East, Ekiti South West, Ekiti West, Emure, Ido-Osi, Ijero, Ikre, Ikole, Ilejemeji, Irepodun/Ifelodun, Ise/orun, Moba, Oye.

Capital City: Ado Ekiti.

Enugu: Aninri, Awgu, Enugu East, Enugu North, Enugu South, Ezeagu, Igbo-Eiti, Igbo-Eze North, Igbo-Eze South, Isi-Uzo, Nkanu East, Nkanu West, Nsukka, Oji-River, Udenu, Udi, Uzo-Uwani.

Capital City: Enugu.

Gombe: Akko, Balanga, Billiri, Dukku, Funakaye, Gombe, Kaltungo, Kwami, Nafada, Shomgom, Yamaltu/Deba.

Capital City: Gombe.

Imo: Aboh-Mbaise, Ahiazu-Mbaise, Ehime-Mbano, Ezinihitte, Ideato North, Ideato South, Ihitte/Uboma, Ikeduru, Isiala Mbano, Isu, Mbaitoli, Ngor-Okpala, Njaba, Nwangele, Nkwerre, Obowo, Oguta, Ohaji/Egbema, Okigwe, Orlu, Orsu, Oru East, Oru West, Owerri-Municipal, Owerri North, Owerri West, Unuimo.

Capital City: Owerri

Jigawa: Auyo, Babura, Birni Kudu, Biriniwa, Buji, Dutse, Gagarawa, Garki, Gumel, Guri, Gwaram, Gwiwa, Hadejia, Jahun, Kafin Hausa, Kaugama Kazaure, Kiri Kasamma, Kiyawa, Maigatari, Malam Madori, Miga, Ringim, Roni, Sule-Tankarkar, Taura, Yankwashi.

Capital City: Dutse

Kaduna: Birni-Gwari, Chikun, Giwa, Igabi, Ikara, jaba, Jema’a, Kachia, Kaduna North, Kaduna South, Kagarko, Kajuru, Kaura, Kauru, Kubau, Kudan, Lere, Makarfi, Sabon-Gari, Sanga, Soba, Zango-Kataf, Zaria.

Capital City: Kaduna

Kano: Ajingi, Albasu, Bagwai, Bebeji, Bichi, Bunkure, Dala, Dambatta, Dawakin Kudu, Dawakin Tofa, Doguwa, Fagge, Gabasawa, Garko, Garum Mallam, Gaya, Gezawa,Gwale, Gwarzo, Kabo, Kano Municipal, Karaye, Kibiya, Kiru, kumbotso, Kunchi, Kura, Madobi, Makoda, Minjibir, Nasarawa, Rano, Rimin Gado, Rogo, Shanono, Sumaila, Takali, Tarauni, Tofa, Tsanyawa, Tudun Wada, Ungogo, Warawa, Wudil.

Capital City: Kano

Katsina: Bakori, Batagarawa, Batsari, Baure, Bindawa, Charanchi, Dandume, Danja, Dan Musa, Daura, Dutsi, Dutsin-Ma, Faskari, Funtua, Ingawa, Jibia, Kafur, Kaita, Kankara, Kankia, Katsina, Kurfi, Kusada, Mai’Adua, Malumfashi, Mani, Mashi, Matazuu, Musawa, Rimi, Sabuwa, Safana, Sandamu, Zango.

Capital City: Katsina

Kebbi: Aleiro, Arewa-Dandi, Argungu, Augie, Bagudo, Birnin Kebbi, Bunza, Dandi, Fakai, Gwandu, Jega, Kalgo, Koko/Besse, Maiyama, Ngaski, Sakaba, Shanga, Suru, Wasagu/Danko, Yauri, Zuru.

Capital City: Birnin Kebbi

Kogi: Adavi, Ajaokuta, Ankpa, Bassa, Dekina, Ibaji, Idah, Igalamela-Odolu, Ijumu, Kabba/Bunu, Kogi, Lokoja, Mopa-Muro, Ofu, Ogori/Mangongo, Okehi, Okene, Olamabolo, Omala, Yagba East, Yagba West.

Capital City: Lokoja

Kwara: Asa, Baruten, Edu, Ekiti, Ifelodun, Ilorin East, Ilorin West, Irepodun, Isin, Kaiama, Moro, Offa, Oke-Ero, Oyun, Pategi.

Capital City: Ilorin

Lagos:Agege, Ajeromi-Ifelodun, Alimosho, Amuwo-Odofin, Apapa, Badagry, Epe, Eti-Osa, Ibeju/Lekki, Ifako-Ijaye, Ikeja, Ikorodu, Kosofe, Lagos Island, Lagos Mainland, Mushin, Ojo, Oshodi-Isolo, Shomolu, Surulere.

Capital City: Ikeja

Nasarawa: Akwanga, Awe, Doma, Karu, Keana, Keffi, Kokona, Lafia, Nasarawa, Nasarawa-Eggon, Obi, Toto, Wamba.

Capital City: Lafia

Niger: Agaie, Agwara, Bida, Borgu, Bosso, Chanchaga, Edati, Gbako, Gurara, Katcha, Kontagora, Lapai, Lavun, Magama, Mariga, Mashegu, Mokwa, Muya, Pailoro, Rafi, Rijau, Shiroro, Suleja, Tafa, Wushishi.

Capital City: Minna

Ogun: Abeokuta North, Abeokuta South, Ado-Odo/Ota, Egbado North, Egbado South, Ewekoro, Ifo, Ijebu East, Ijebu North, Ijebu North East, Ijebu Ode, Ikenne, Imeko-Afon, Ipokia, Obafemi-Owode, Ogun Waterside, Odeda, Odogbolu, Remo North, Shagamu.

Capital City: Abeokuta

Ondo: Akoko North East, Akoko North West,. Akoko South Akure East, Akoko South West, Akure North, Akure South, Ese-Odo, Idanre, Ifedore, Ilaje, Ile-Oluji-Okeigbo, Irele, Odigbo, Okitipupa, Ondo East, Ondo West, Ose, Owo.

Capital City: Akure

Osun: Aiyedade, Aiyedire, Atakumosa East, Atakumosa West, Boluwaduro, Boripe, Ede North, Ede South, Egbedore, Ejigbo, Ife Central, Ife East, Ife North, Ife South, Ifedayo, Ifelodun, Ila, Ilesha East, Ilesha West, Irepodun, Irewole, Isokan, Iwo, Obokun, Odo-Otin, Ola-Oluwa, Olorunda, Oriade, Orolu, Osogbo.

Capital City: Oshogbo

Oyo: Afijio, Akinyele, Atiba, Atigbo, Egbeda, Ibadan Central, Ibadan North, Ibadan North West, Ibadan South East, Ibadan South West, Ibarapa Central, Ibarapa East, Ibarapa North, Ido, Irepo, Iseyin, Itesiwaju, Iwajowa, Kajola, Lagelu Ogbomosho North, Ogbmosho South, Ogo Oluwa, Olorunsogo, Oluyole, Ona-Ara, Orelope, Ori Ire, Oyo East, Oyo West, Saki East, Saki West, Surulere.

Capital City: Ibadan

Plateau: Barikin Ladi, Bassa, Bokkos, Jos East, Jos North, Jos South, Kanam, Kanke, Langtang North, Langtang South, Mangu, Mikang, Pankshin, Qua’an Pan, Riyom, Shendam, Wase.

Capital City: Jos

Rivers: Abua/Odual, Ahoada East, Ahoada West, Akuku Toru, Andoni, Asari-Toru, Bonny, Degema, Emohua, Eleme, Etche, Gokana, Ikwerre, Khana, Obia/Akpor, Ogba/Egbema/Ndoni, Ogu/Bolo, Okrika, Omumma, Opobo/Nkoro, Oyigbo, Port-Harcourt, Tai.

Capital City: Port Harcourt

Sokoto: Binji, Bodinga, Dange-shnsi, Gada, Goronyo, Gudu, Gawabawa, Illela, Isa, Kware, kebbe, Rabah, Sabon birni, Shagari, Silame, Sokoto North, Sokoto South, Tambuwal, Tqngaza, Tureta, Wamako, Wurno, Yabo.

Capital City: Sokoto

Taraba: Ardo-kola, Bali, Donga, Gashaka, Cassol, Ibi, Jalingo, Karin-Lamido, Kurmi, Lau, Sardauna, Takum. Ussa, Wukari, Yorro, Zing.

Capital City: Jalingo

Yobe: Bade, Bursari, Damaturu, Fika, Fune, Geidam, Gujba, Gulani, Jakusko, Karasuwa, Karawa, Machina, Nangere, Nguru Potiskum,. Tarmua, Yunusari, Yusufari.

Capital City: Damaturu

Zamfara: Anka, Bakura, Birnin Magaji, Bukkuyum, Bungudu, Gummi, Gusau, Kaura, Namoda, Maradun, Maru, Shinkafi, Talata Mafara. Tsafe, Zurmi.

Capital City: Gusau

Pat II

Definition of Federal Capital Territory Abuja.

The definition of the boundaries of the Federal Capital Territory, Abuja referred to under Chapter 1 and VIII of this Constitution is as follows:

Starting from the village called Izom on 7oE Longitude and 9o 15 Latitude, project a straight line westward to a point just north of Lehu on the Kemi River, then project a line along 6 o 47 ½ ‘ E southward passing close to the villages called Semasu, Zui and Bassa down to a place a little west of Abaji town; thence project a line along parallel 8o 27 ½ ‘N Latitude to Ahinza village 7o 6" on Kanama River); thence a straight line to Buga Village on 8o 30 ‘N Latitude and 7" 20’E Longitude; thence draw a line northwards joining the villages of Odu, Karshi and Karu. From Karu the line shall proceed along the boundary between the Niger and Plateau States as far as Kawu; thence the line shall proceed along the boundary between Kaduna and Niger States up to a point just north of Bwari village, hence the line goes straight to Zuba village and thence straight to Izom.

2. Federal Capital Territory, Abuja

Area Councils

Area Council Headquarters

Abaji Abaji

Abuja Municipal Garki

Bwari Bwari

Gwagwalada Gwagwalada

Kuje Kuje

Kwali Kwali

Second Schedule

LEGISLATIVE POWERS

Part I

Exclusive Legislative List

Item

1. Accounts of the Government of the Federation, and of offices, courts, and authorities thereof, including audit of those accounts.

2. Arms, ammunition and explosives.

3. Aviation, including airports, safety of aircraft and carriage of passengers and goods by air.

4. Awards of national titles of honour, decorations and other dignities.

5. Bankruptcy and insolvency

6. Banks, banking, bills of exchange and promissory notes.

7. Borrowing of moneys within or outside Nigeria for the purposes of the Federation or of any State.

8. Census, including the establishment and maintenance of machinery for continuous and universal registration of births and deaths throughout Nigeria.

9. Citizenship, naturalisation and aliens.

10. Commercial and industrial monopolies, combines and trusts.

11. Construction, alteration and maintenance of such roads as may be declared by the National Assembly to be Federal trunk roads.

12. Control of capital issues.

13. Copyright

14. Creation of States

15. Currency, coinage and legal tender

16. Customs and excise duties

17. Defence

18. Deportation of persons who are not citizens of Nigeria

19. Designation of securities in which trust funds may be invested.

20. Diplomatic, consular and trade representation.

21. Drugs and poisons.

22. Election to the offices of President and Vice-President or Governor and Deputy Governor and any other office to which a person may be elected under this Constitution, excluding election to a local government council or any office in such council.

23. Evidence

24. Exchange control

25. Export duties

26. External affairs

27. Extradition

28. Fingerprints identification and criminal records.

29. Fishing and fisheries other than fishing and fisheries in rivers, lakes, waterways, ponds and other inland waters within Nigeria.

30. Immigration into and emigration from Nigeria

31. Implementation of treaties relating to matters on this list

32. Incorporation, regulation and winding up of bodies corporate, other than co-operative societies, local government councils and bodies corporate established directly by any Law enacted by a House of Assembly of a State.

33. Insurance.

34. Labour, including trade unions, industrial relations; conditions, safety and welfare of labour; industrial disputes; prescribing a national minimum wage for the Federation or any part thereof; and industrial arbitrations.

35. Legal proceedings between Governments of States or between the Government of the Federation and Government of any State or any other authority or person.

36. Maritime shipping and navigation, including -

(a) shipping and navigation on tidal waters;

(b) shipping and navigation on the River Niger and its affluents and on any such other inland waterway as may be designated by the National Assembly to be an international waterway or to be an inter-State waterway;

(c) lighthouses, lightships, beacons and other provisions for the safety of shipping and navigation;

(d) such ports as may be declared by the National Assembly to be Federal ports (including the constitution and powers of port authorities for Federal ports).

37. Meteorology

38. Military (Army, Navy and Air Force) including any other branch of the armed forces of the Federation.

39. Mines and minerals, including oil fields, oil mining, geological surveys and natural gas.

40. National parks being such areas in a State as may, with the consent of the Government of that State, be designated by the National Assembly as national parks.

41. Nuclear energy

42. Passports and visas

43. Patents, trade marks, trade or business names, industrial designs and merchandise marks.

44. Pensions, gratuities and other-like benefit payable out of the Consolidated Revenue Fund or any other public funds of the Federation.

45. Police and other government security services established by law.

46. Posts, telegraphs and telephones

47. Powers of the National Assembly, and the privileges and immunities of its members

48. Prisons

49. Professional occupations as may be designated by the National Assembly.

50. Public debt of the Federation

51. Public holidays.

52. Public relations of the Federation

53. Public service of the Federation including the settlement of disputes between the Federation and officers of such service.

54. Quarantine

55. Railways

56. Regulations of political parties

57. Service and execution in a State of the civil and criminal processes, judgments, decrees, orders and other decisions of any court of law outside Nigeria or any court of law in Nigeria other than a court of law established by the House of Assembly of that State.

58. Stamp duties

59. Taxation of incomes, profits and capital gains, except as otherwise prescribed by this Constitution.

60. The establishment and regulation of authorities for the Federation or any part thereof -

(a) To promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in this Constitution;

(b) To identify, collect, preserve or generally look after ancient and historical monuments and records and archaeological sites and remains declared by the National Assembly to be of national significance or national importance;

(c) to administer museums and libraries other than museums and libraries established by the Government of a state;

(d) To regulate tourist traffic; and

(e) To prescribe minimum standards of education at all levels.

61. The formation, annulment and dissolution of marriages other than marriages under Islamic law and Customary law including matrimonial causes relating thereto.

62. Trade and commerce, and in particular -

(a) trade and commerce between Nigeria and other countries including import of commodities into and export of commodities from Nigeria, and trade and commerce between the states;

(b) establishment of a purchasing authority with power to acquire for export or sale in world markets such agricultural produce as may be designated by the National Assembly;

(c) inspection of produce to be exported from Nigeria and the enforcement of grades and standards of quality in respect of produce so inspected;

(d) establishment of a body to prescribe and enforce standards of goods and commodities offered for sale;

(e) control of the prices of goods and commodities designated by the National Assembly as essential goods or commodities; and

(f) registration of business names.

63. Traffic on Federal trunk roads.

64. Water from such sources as may be declared by the National Assembly to be sources affecting more than one State

65. Weights and measures.

66. Wireless, broadcasting and television other than broadcasting and television provided by the Government of a state; allocation of wave-lengths for wireless, broadcasting and television transmission.

67. Any other matter with respect to which the National Assembly has power to make laws in accordance with the provisions of this Constitution.

68. Any matter incidental or supplementary to any matter mentioned elsewhere in this list.

PART II

CONCURRENT LEGISLATIVE LIST

Extent of Federal and State Legislative powers

1. Subject to the provisions of this Constitution, the National Assembly may by an Act make provisions for -

(a) the division of public revenue

(i) between the Federation and the States,

(ii) among the states of the Federation,

(iii) between the states and local government councils,

(iv) among the local government councils in the States; and

(b) grants or loans from and the imposition of charges upon the Consolidated Revenue Fund or any other public funds of the Federation or for the imposition of charges upon the revenue and assets of the Federation for any purpose notwithstanding that it relates to a matter with respect to which the National Assembly is not empowered to make laws.

2. Subject to the provisions of this Constitution, any House of Assembly may make provisions for grants or loans from and the imposition of charges upon any of the public funds of that State or the imposition of charges upon the revenue and assets of that State for any purpose notwithstanding that it relates to a matter with respect to which the National Assembly is empowered to make laws.

3. The National Assembly may make laws for the Federation or any part thereof with respect to such antiquities and monuments as may, with the consent of the state in which such antiquities and monuments are located, be designated by the National Assembly as National Antiquities or National Monuments but nothing in this paragraph shall preclude a House of Assembly from making laws for the state or any part thereof with respect to antiquities and monuments not so designated in accordance with the foregoing provisions.

4. The National Assembly may makes laws for the Federation or any part thereof with respect to the archives and public records of the Federation.

5. A House of Assembly may, subject to paragraph 4 hereof, make laws for that state or any part thereof with respect to archives and public records of the Government of the State.

6. Nothing in paragraphs 4 and 5 hereof shall be construed as enabling any laws to be made which do not preserve the archives and records which are in existence at the date of commencement of this Constitution, and which are kept by authorities empowered to do so in any part of the Federation.

7. In the exercise of its powers to impose any tax or duty on -

(a) capital gains, incomes or profits of persons other than companies; and

(b) documents or transactions by way of stamp duties,

the National Assembly may, subject to such conditions as it may prescribe, provide that the collection of any such tax or duty or the administration of the law imposing it shall be carried out by the Government of a state or other authority of a State.

8. Where an Act of the National Assembly provides for the collection of tax or duty on capital gains, incomes or profit or administration of any law by an authority of a state in accordance with paragraph 7 hereof, it shall regulate the liability of persons to such tax or duty in such manner as to ensure that such tax or duty is not levied on the same person by more than one State.

9. A House of Assembly may, subject to such conditions as it may prescribe, make provisions for the collection of any tax, fee or rate or for the administration of the Law providing for such collection by a local government council.

10. Where a Law of a House of Assembly provides for the collection of tax, fee or rate or for the administration of such Law by a local government council in accordance with the provisions hereof it shall regulate the liability of persons to the tax, fee or rate in such manner as to ensure that such tax, fee or rate is not levied on the same person in respect of the same liability by more than one local government council.

11. The National Assembly may make laws for the Federation with respect to the registration of voters and the procedure regulating elections to a local government council.

12. Nothing in paragraph 11 hereof shall preclude a House of Assembly from making laws with respect to a local government council in addition to but not inconsistent with any law made by National Assembly.

13. The National Assembly may make laws for the Federation or any part thereof with respect to:-

(a) Electricity and the establishment of electric power stations;

(b) The generation and transmission of electricity in or any part of the Federation and from one State to another State;

(c) The regulation of the right of any person or authority to dam up or otherwise interfere with the flow of water from sources in any part of the Federation;

(d) The participation of the Federation in any arrangement with another country for the generation, transmission and distribution of electricity for any area partly within and partly outside the Federation;

(e) The promotion and establishment of a national grid system; and

(f) The regulation of the right of any person or authority to use, work or operate any plant, apparatus, equipment or work designed for the supply or use of electrical energy.

14. A house of Assembly may make laws for the State with respect to:-

(a) electricity and the establishment in that State of electric power stations;

(b) the generation, transmission and distribution of electricity to areas not covered by a national grid system within that State; and

(c) the establishment within that State of any authority for the promotion and management of electric power stations established by the State.

15. In the foregoing provisions of this item, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them -

"distribution" means the supply of electricity from a sub-station to the ultimate consumer;

"management" includes maintenance, repairs or replacement;

"power station" means an assembly of plant or equipment for the creation or generation of electrical energy; and

"transmission" means the supply of electricity from a power station to a sub-station or from one sub-station to another sub-station, and the reference to a "sub-station" herein is a reference to an assembly of plant, machinery or equipment for distribution of electricity.

16. The National Assembly may make laws for the establishment of an authority with power to carry out censorship of cinematograph films and to prohibit or restrict the exhibition of such films; and nothing herein shall -

(a) preclude a House of Assembly from making provision for a similar authority for that State; or

(b) authorise the exhibition of a cinematograph film in a State without the sanction of the authority established by the Law of that State for the censorship of such films.

17. The National Assembly may make laws for the Federation or any part thereof with respect to -

(a) the health, safety and welfare of persons employed to work in factories, offices or other premises or in inter-State transportation and commerce including the training, supervision and qualification of such persons;

(b) the regulation of ownership and control of business enterprises throughout the Federation for the purpose of promoting, encouraging or facilitating such ownership and control by citizens of Nigeria;

(c) the establishment of research centres for agricultural studies; and

(d) the establishment of institutions and bodies for the promotion or financing of industrial, commercial or agricultural projects.

18. Subject to the provisions of this Constitution, a House of Assembly may make Laws for that State with respect to industrial, commercial or agricultural development of the State.

19. Nothing in the foregoing paragraphs of this item shall be construed as precluding a House of Assembly from making Laws with respect to any of the matters referred to in the foregoing paragraphs.

20. For the purposes of the foregoing paragraphs of this item, the word "agricultural" includes fishery.

21. The National Assembly may make laws to regulate or co-ordinate scientific and technological research throughout the Federation.

22. Nothing herein shall prelude a House of Assembly from establishing or making provisions for an institution or other arrangement for the purpose of scientific and technological research.

23. The National Assembly may make laws for the Federation or any part thereof with respect to statistics so far as the subject matter relates to -

(a) any matter upon which the National Assembly has power to make laws; and

(b) the organisation of co-ordinated scheme of statistics for the Federation or any part thereof on any matter whether or not it has power to make laws with respect thereto.

24. A House of Assembly may make Laws for the State with respect to statistics and on any matter other than that referred to in paragraph 23 (a) of this item.

25. The National Assembly may make laws for the Federation or any part thereof with respect to trigonometrical, cadastral and topographical surveys.

26. A House of Assembly may, subject to paragraph 25 hereof, make laws for that State or any part thereof with respect to trigonometrical, cadastral and topographical surveys.

27. The National Assembly shall have power to make laws for the Federation or any part thereof with respect to university education, technological education or such professional education as may from time to time be designated by the National Assembly.

28. The power conferred on the National Assembly under paragraph 27 of this item shall include power to establish an institution for the purposes of university, post-primary, technological or professional education.

29. Subject as herein provided, a House of Assembly shall have power to make laws for the state with respect to the establishment of an institution for purposes of university, technological or professional education.

30. Nothing in the foregoing paragraphs of this item shall be construed so as to limit the powers of a House of Assembly to make laws for the State with respect to technical, vocational, post-primary, primary or other forms of education, including the establishment of institutions for the pursuit of such education.

Part III

Supplemental and Interpretation

1. Where by this Schedule the National Assembly is required to designate any matter or thing or to make any declaration, it may do so either by an Act of the National Assembly or by a resolution passed by both Houses of the National Assembly.

2. In this Schedule, references to incidental and supplementary matters include, without prejudice to their generality, references to:

(a) offences;

(b) the jurisdiction, powers, practice and procedure of courts of law; and

(c) the acquisition and tenure of land.

Third Schedule

Part I

Federal Executive Bodies

(Established by Section 153)

A - Code of Conduct Bureau

1. The Code of Conduct Bureau shall comprise the following members:

(a) a Chairman; and

(b) nine other members,

each of whom, at the time of appointment, shall not be less than fifty years of age and subject to the provisions of section 157 of this Constitution shall vacate his office on attaining the age of seventy years.

2. The Bureau shall establish such offices in each state of the Federation as it may require for the discharge of its functions under this Constitution.

3. The Bureau shall have power to:

(a) receive declarations by public officers made under paragraph 12 of Part I of the Fifth Schedule to this Constitution;

(b) examine the declarations in accordance with the requirements of the Code of Conduct or any law;

(c) retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe;

(d) ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct of any law relating thereto;

(e) receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal;

(f) appoint, promote, dismiss and exercise disciplinary control over the staff of the Codes of Conduct Bureau in accordance with the provisions of an Act of the National Assembly enacted in that behalf; and

(g) carry out such other functions as may be conferred upon it by the National Assembly.

4. The terms and conditions of service of the staff of the Code of Conduct Bureau shall be the same as those provided for public officers in the civil service of the Federation.

B - Council of State

5. The Council of State shall comprise the following persons:

(a) the President, who shall be the Chairman;

(b) the Vice-President, who shall be the Deputy Chairman;

(c) all former Presidents of the Federation and all former Heads of the Government of the Federation;

(d) all former Chief Justices of Nigeria;

(e) the President of the Senate;

(f) the Speaker of the House of Representatives;

(g) all the Governors of the states of the Federation; and

(h) the Attorney-General of the Federation.

6. The Council shall have power to:

(a) advise the President in the exercise of his powers with respect to the:-

(i) national population census and compilation, publication and keeping of records and other information concerning the same;

(ii) prerogative of mercy;

(iii) award of national honours;

(iv) the Independent National Electoral Commission (including the appointment of members of that Commission);

(v) the National Judicial Council (including the appointment of the members, other than ex-officio members of that Council); and

(vi) the National Population Commission (including the appointment of members of that Commission); and

(b) advise the President whenever requested to do so on the maintenance of public order within the Federation or any part thereof and on such other matters as the President may direct.

C - Federal Character Commission

7.

(1) The Federal Character Commission shall comprise the following members:

(a) a Chairman; and

(b) one person to represent each of the states of the Federation and the Federal Capital Territory, Abuja.

(2) The Chairman and members shall be appointed by the President, subject to confirmation by the Senate.

8.

(1) In giving effect to the provisions of section 14(3) and (4) of this Constitution, the Commission shall have the power to -

(a) work out an eq