Nigeria 1999 Constitution (reviewed 2011)

Schedule III

Part I. Federal Executive Bodies

A. Code of Conduct Bureau

1. The Code of Conduct Bureau shall comprise the following members:
   1. a Chairman; and
   2. 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:
   1. receive declarations by public officers made under paragraph 12 of Part I of the Fifth Schedule to this constitution;
   2. examine the declarations in accordance with the requirements of the Code of Conduct or any law;
   3. 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;
   4. ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct or any law relating thereto;
   5. 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;
   6. 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
   7. 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

1. The Council of State shall comprise the following persons:
   1. the President, who shall be the Chairman;
   2. the Vice-President, who shall be the Deputy Chairman;
   3. all former Presidents of the Federation and all former Heads of the Government of the Federation;
   4. all former Chief Justices of Nigeria;
   5. the President of the Senate;
   6. the Speaker of the House of Representatives;
   7. all the Governors of the states of the Federation; and
   8. the Attorney-General of the Federation.
2. The Council shall have power to:
   1. advise the President in the exercise of his powers with respect to the:-
      1. national population census and compilation, publication and keeping of records and other information concerning the same;
      2. prerogative of mercy;
      3. award of national honours;
      4. the Independent National Electoral Commission (including the appointment of members of that Commission);
      5. the National Judicial Council (including the appointment of the members, other than ex-officio members of that Council); and
      6. the National Population Commission (including the appointment of members of that Commission); and
   2. 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

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1. The Federal Character Commission shall comprise the following members:
   1. a Chairman; and
   2. 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.

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1. In giving effect to the provisions of section 14(3) and (4) of this Constitution, the Commission shall have the power to:
   1. work out an equitable formula subject to the approval of the National Assembly for the distribution of all cadres of posts in the public service of the Federation and of the States, the armed forces of the Federation, the Nigeria Police Force and other government security agencies, government owned companies and parastatals of the states;
   2. promote, monitor and enforce compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government;
   3. take such legal measures, including the prosecution of the head or staff of any Ministry or government body or agency which fails to comply with any federal character principle or formula prescribed or adopted by the Commission; and
   4. carry out such other functions as may be conferred upon it by an Act of the National Assembly.
2. The posts mentioned in sub-paragraph (1) (a) and (b) of this paragraph shall include those of the Permanent Secretaries, Directors-General in Extra-Ministerial Departments and parastatals, Directors in Ministries and Extra-Ministerial Departments, senior military officers, senior diplomatic posts and managerial cadres in the Federal and State parastatals, bodies, agencies and institutions.
3. Notwithstanding any provision in any other law or enactment, the Commission shall ensure that every public company or corporation reflects the federal character in the appointments of its directors and senior management staff.

1. It shall be the duty of the Board of Directors of every state-owned enterprise to recognise and promote the principle of federal character in the ownership and management structure of the company.

D. Federal Civil Service Commission

1. The Federal Civil Service Commission shall comprise the following members-
   1. a Chairman; and
   2. not more than fifteen other members,

   who shall, in the opinion of the President, be persons of unquestionable integrity and sound political judgment.

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1. The Commission shall without prejudice to the powers vested in the President, the National Judicial Council, the Federal Judicial Service Commission, the National Population Commission and the Police Service Commission, have power-
   1. to appoint persons to offices in the Federal Civil Service; and
   2. to dismiss and exercise disciplinary control over persons holding such offices.
2. The Commission shall not exercise any of its powers under sub-paragraph (1) of this paragraph in respect of such offices of heads of divisions of Ministries or of departments of the government of the Federation as may, from time to time, be designated by an order made by the President except after consultation with the Head of the Civil Service of the Federation.

E. Federal Judicial Service Commission

1. The Federal Judicial Service Commission shall comprise the following members-
   1. the Chief Justice of Nigeria, who shall be the Chairman;
   2. the President of the Court of Appeal;
   3. the Attorney-General of the Federation;
   4. the Chief Judge of the Federal High Court;
   5. the President of the National Industrial Court;
   6. two persons, each of whom has been qualified to practice as a legal practitioner in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified and recommended by the Nigerian Bar Association; and
   7. two other persons, not being legal practitioners, who in the opinion of the President are of unquestionable integrity.
2. The Commission shall have power to-
   1. advise the National Judicial Council in nominating persons for appointment, as respects appointments to the office of-
      1. the Chief Justice of Nigeria;
      2. a Justice of the Supreme Court;
      3. the President of the Court of Appeal;
      4. a Justice of the Court of Appeal;
      5. the Chief Judge of the Federal High Court;
      6. a Judge of the Federal High Court; and
      7. the President of the National Industrial Court;
      8. a Judge of the National Industrial Court, and
      9. the Chairman and members of the Code of Conduct Tribunal;
   2. recommend to the National Judicial Council, the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph; and
   3. appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court and all other members of the staff of the judicial service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service Commission.

F. Independent National Electoral Commission

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1. The Independent National Electoral Commission shall comprise the following members-
   1. a chairman, who shall be the Chief Electoral Commissioner; and
   2. twelve other members to be known as National Electoral Commissioners.
2. A member of the Commission shall—
   1. be non-partisan and a person of unquestionable integrity; and
   2. be not less than 40 years of age in the case of the Chairman and not less than 35 years of age in the case of the National Commissioners.
3. There shall be for each State of the Federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissioner who shall—
   1. be appointed by the President subject to confirmation by the Senate;
   2. be a person of unquestionable integrity and shall not be a member of any political party; and
   3. not be less than 35 years of age.

1. The Commission shall have power to-
   1. organise, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation;
   2. register political parties in accordance with the provisions of this Constitution and an Act of the National Assembly;
   3. monitor the organisation and operation of the political parties, including their finances, conventions, congresses and party primaries;
   4. arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a report on such examination and audit for public information;
   5. arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this Constitution;
   6. monitor political campaigns and provide rules and regulations which shall govern the political parties;
   7. ensure that all Electoral Commissioners, Electoral and Returning Officers take and subscribe the Oath of Office prescribed by law;
   8. delegate any of its powers to any Resident Electoral Commissioner; and
   9. carry out such other functions as may be conferred upon it by an Act of the National Assembly.

G. National Defence Council

1. The National Defence Council shall comprise the following members-
   1. the President who shall be the Chairman;
   2. the Vice-President who shall be the Deputy Chairman;
   3. the Minister of the Government of the Federation responsible for defence;
   4. the Chief of Defence Staff;
   5. the Chief of Army Staff;
   6. the Chief of Naval Staff;
   7. the Chief of Air Staff; and
   8. such other members as the President may appoint.
2. The Council shall have power to advise the President on matters relating to the defence of the sovereignty and territorial integrity of Nigeria.

H. National Economic Council

1. The National Economic Council shall comprise the following members-
   1. the Vice-President who shall be the Chairman;
   2. the Governor of each State of the Federation; and
   3. the Governor of the Central Bank of Nigeria established under the Central Bank of Nigeria Decree 1991 or any enactment replacing that Decree.
2. The National Economic Council shall have power to advise the President concerning the economic affairs of the Federation, and in particular on measures necessary for the co-ordination of the economic planning efforts or economic programmes of the various Governments of the Federation.

I. National Judicial Council

1. The National Judicial Council shall comprise the following members-
   1. the Chief Justice of Nigeria who shall be the Chairman;
   2. the next most senior Justice of the Supreme Court who shall be the Deputy Chairman;
   3. the President of the Court of Appeal;
   4. five retired Justices selected by the Chief Justice of Nigeria from the Supreme Court or Court of Appeal;
   5. the Chief Judge of the Federal High Court;
   6. the President of the National Industrial Court;
   7. five Chief Judges of States to be appointed by the Chief Justice of Nigeria from among the Chief Judges of the States and of the High Court of the Federal Capital Territory, Abuja in rotation to serve for two years;
   8. one Grand Kadi to be appointed by the Chief Justice of Nigeria from among Grand Kadis of the Sharia Courts of Appeal to serve in rotation for two years;
   9. one President of the Customary Court of Appeal to be appointed by the Chief Justice of Nigeria from among the Presidents of the Customary Courts of Appeal to serve in rotation for two years;
   10. five members of the Nigerian Bar Association who have been qualified to practice for a period of not less than fifteen years, at least one of whom shall be a Senior Advocate of Nigeria, appointed by the Chief Justice of Nigeria on the recommendation of the National Executive Committee of the Nigerian Bar Association to serve for two years and subject to re-appointment:Provided that the five members shall sit in the Council only for the purposes of considering the names of persons for appointment to the superior courts of record; and
   11. two persons not being legal practitioners, who in the opinion of the Chief Justice of Nigeria, are of unquestionable integrity.
2. The National Judicial Council shall have power to-
   1. recommend to the President from among the list of persons submitted to it by-
      1. the Federal Judicial Service Commission, persons for appointment to the offices of the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal High Court, the President and Judges of the National Industrial Court, and
      2. the Judicial Service Committee of the Federal Capital Territory, Abuja, persons for appointment to the offices of the Chief Judge and Judges of the High Court of the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and the President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
   2. recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph and to exercise disciplinary control over such officers;
   3. recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commissions persons for appointments to the offices of the Chief Judges of the States and Judges of the High Courts of the States, the Grand Kadis and Kadis of the Sharia Courts of Appeal of the States and the Presidents and Judges of the Customary Courts of Appeal of the States;
   4. recommend to the Governors the removal from the office of the judicial officers in sub-paragraph (c) of this paragraph, and to exercise disciplinary control over such officers;
   5. collect, control and disburse all moneys, capital and recurrent, for the judiciary;
   6. advise the President and Governors or any matter pertaining to the judiciary as may be referred to the Council by the President or the Governors;
   7. appoint, dismiss and exercise disciplinary control over members and staff of the Council;
   8. control and disburse all monies, capital and recurrent; for the services of the Council; and
   9. deal with all other matters relating to broad issues of policy and administration.
3. The Secretary of the Council shall be appointed by the National Judicial Council on the recommendation of the Federal Nation Judicial Service Commission and shall be a legal practitioner.

J. National Population Commission

1. The National Population Commission shall comprise the following members-
   1. a Chairman; and
   2. one person from each State of the Federation and the Federal Capital Territory, Abuja.
2. The Commission shall have power to-
   1. undertake periodical enumeration of population through sample surveys, censuses or otherwise;
   2. establish and maintain a machinery for continuous and universal registration of births and deaths throughout the Federation;
   3. advise the President on population matters;
   4. publish and provide information and data on population for the purpose of facilitating economic and development planning; and
   5. appoint and train or arrange for the appointment and training of enumerators or the staff of the Commission.

K. National Security Council

1. The National Security Council shall comprise the following members-
   1. the President who shall be the Chairman;
   2. the Vice-President who shall be the Deputy Chairman;
   3. the Chief of Defence Staff;
   4. the Minister of the Government of the Federation charged with the responsibility for internal affairs;
   5. the Minister of the Government of the Federation charged responsibility for defence;
   6. the Minister of the Government of the Federation charged with the responsibility for foreign affairs;
   7. the National Security Adviser;
   8. the Inspector-General of Police; and
   9. such other persons as the President may in his discretion appoint.
2. The Council shall have power to advise the President on matters relating to public security including matters relating to any organisation or agency established by law for ensuring the security of the Federation.

L. Nigeria Police Council

1. The Nigeria Police Council shall comprise the following members-
   1. the President who shall be the Chairman;
   2. the Governor of each State of the Federation;
   3. the Chairman of the Police Service Commission; and
   4. the Inspector-General of Police.
2. The functions of the Nigeria Police Council shall include-
   1. the organisation and administration of the Nigeria Police Force and all other matters relating thereto (not being matters relating to the use and operational control of the Force or the appointment, disciplinary control and dismissal of members of the Force);
   2. the general supervision of the Nigeria Police Force; and
   3. advising the President on the appointment of the Inspector-General of Police.

M. Police Service Commission

1. The Police Service Commission shall comprise the following members-
   1. a Chairman; and
   2. such number of other persons, not less than seven but not more than nine, as may be prescribed by an Act of the National Assembly.
2. The Commission shall have power to-
   1. appoint persons to offices (other than office of the Inspector-General of Police) in the Nigeria Police Force; and
   2. dismiss and exercise disciplinary control over persons holding any office referred to in sub-paragraph (a) of this paragraph.

N. Revenue Mobilisation Allocation and Fiscal Commission

1. The Revenue Mobilisation Allocation and Fiscal Commission shall comprise the following members-
   1. a Chairman; and
   2. one member from each State of the Federation and the Federal Capital Territory, Abuja who in the opinion of the President are persons of unquestionable integrity with requisite qualifications and experience.
2. The Commission shall have power to-
   1. monitor the accruals to and disbursement of revenue from the Federation Account;
   2. review, from time to time, the revenue allocation formulae and principles in operation to ensure conformity with changing realities:Provided that any revenue formula which has been accepted by an Act of the National Assembly shall remain in force for a period of not less than five years from the date of commencement of the Act;
   3. advise the Federal and State Governments on fiscal efficiency and methods by which their revenue can be increased;
   4. determine the remuneration appropriate for political office holders, including the President, Vice-President, Governors, Deputy Governors, Ministers, Commissioners, Special Advisers, Legislators and the holders of the offices mentioned in sections 84 and 124 of this Constitution; and
   5. discharge such other functions as are conferred on the Commission by this Constitution or any Act of the National Assembly.

Part II. State’s Executive Bodies (Established by section 197

A. State Civil Service Commission

1. A State Civil Service Commission shall comprise the following members-
   1. a Chairman; and
   2. not less than two and not more than four other persons,

   who shall, in the opinion of the Governor, be persons of unquestionable integrity and sound political judgment.

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1. The Commission shall have power without prejudice to the powers vested in the Governor and the State Judicial Service Commission to-
   1. appoint persons to offices in the State civil service; and
   2. dismiss and exercise disciplinary control over persons holding such offices.
2. The Commission shall not exercise any of its powers under sub-paragraph (1) of this paragraph in respect of such offices of heads of divisions of Ministries or of departments of the Government of the State as may from time to time be designated by an order made by the Governor except after consultation with the Head of the Civil Service of the State.

B. State Independent Electoral Commission

1. A State Independent Electoral Commission shall comprise the following members-
   1. a Chairman; and
   2. not less than five but not more than seven other persons.
2. The Commission shall have power-
   1. to organise, undertake and supervise all elections to local government councils within the State;
   2. to render such advice as it may consider necessary to the Independent National Electoral Commission on the compilation of and the register of voters in so far as that register is applicable to local government elections in the State.

C. State Judicial Service Commission

1. A State Judicial Service Commission shall comprise the following members-
   1. the Chief Judge of the State, who shall be the Chairman;
   2. the Attorney General of the State;
   3. the Grand Kadi of the Sharia Court of Appeal of the State, if any;
   4. the President of the Customary Court of Appeal of the State, if any;
   5. two members, who are legal practitioners, and who have been qualified to practice as legal practitioners in Nigeria for not less than ten years; and
   6. two other persons, not being legal practitioners, who in the opinion of the Governor are of unquestionable integrity.
2. The Commission shall have power to-
   1. advise the National Judicial Council on suitable persons for nomination to the office of-
      1. the Chief Judge of the State,
      2. the Grand Kadi of the Sharia Court of Appeal of the State, if any,
      3. the President of the Customary Court of Appeal of the State, if any,
      4. Judges of the High Court of the State,
      5. Kadis of the Sharia Court of Appeal of the State, if any, and
      6. Judges of the Customary Court of Appeal of the State, if any;
   2. subject to the provisions of this Constitution, to recommend to the National Judicial Council the removal from the office of the judicial officers specified in sub-paragraph (a) of this paragraph; and
   3. to appoint, dismiss and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrar of the High Court, the Chief Registrars of the Sharia Court of Appeal and Customary Court of Appeal, Magistrates, Judges and members of Area Courts and Customary Courts and all other members of the staff of the judicial service of the State not otherwise specified in this Constitution.

Part III. Federal Capital Territory, Abuja Executive Body (Established under Section 304) Judicial Service Committee of the Federal Capital Territory, Abuja

Judicial Service Committee of the Federal Capital Territory Abuja

1. The Judicial Service Committee of the Federal Capital Territory, Abuja shall comprise the following members-
   1. the Chief Judge of the Federal Capital Territory, Abuja who shall be the Chairman;
   2. the Attorney-General of the Federation;
   3. the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja;
   4. the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
   5. one person who is a legal practitioner and who has been qualified to practice as a legal practitioner in Nigeria for a period of not less than twelve years; and
   6. one other person, not being practitioner, who in the opinion of the President is of unquestionable integrity.
2. The Committee shall have power-
   1. to recommend to the National Judicial Council suitable persons for nomination for appointment to the office of-
      1. the Chief Judge of the Federal Capital Territory, Abuja,
      2. a Judge of the High Court of the Federal Capital Territory, Abuja,
      3. the Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja,
      4. the President of the Customary Court of Appeal of the Federal Capital Territory, Abuja,
      5. a Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja,
      6. a Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja;
   2. subject to the provisions of this Constitution, to recommend to the National Judicial Council the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph;
   3. to appoint, promote and exercise disciplinary control over the Chief Registrar and Deputy Chief Registrars of the High Court, the Sharia Court of Appeal and the Customary Court of Appeal of the Federal Capital Territory, Abuja, magistrates, the judges and members of the District and Area Courts of the Federal Capital Territory, Abuja, if any, and all other members of the staff of the judicial service of the Federal Capital Territory, Abuja not otherwise specified in this Constitution and of the Judicial Service Committee of the Federal Capital Territory, Abuja.