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Preamble to the Constitution Section 1 – Supremacy of constitution Section 2 – The Federal Republic of Nigeria Section 3 – States of the Federation and the Federal Capital Territory, Abuja Section 4 – Legislative powers Section 5 – Executive powers Section 6 – Judicial powers Section 7 – Local government system Section 8 – New states and boundary adjustment, etc. Section 9 – Mode of altering provisions of the constitution Section 10 – Prohibition of State Religion Section 11 – Public order and public security Section 12 – Implementation of treaties Section 13-24 – Chapter II [Fundamental Objectives and directive Principles of State Policy] Section 25-32 – Chapter III [Citizenship] Section 33 – Right to life Section 34 – Right to dignity of human persons Section 35 – Right to personal liberty Section 36 – Right to fair hearing Section 37 – Right to private and family life Section 38 – Right to freedom of thought, conscience and religion Section 39 – Right to freedom of expression and the press Section 40 – Right to peaceful assembly and association Section 41 – Right to freedom of movement Section 42 – Right to freedom from discrimination Section 43 – Right to acquire and own immovable property Section 44 – Compulsory acquisition of property Section 45 – Restriction on and derogation from fundamental human rights Section 46 – Special jurisdiction of High Court and Legal aid Section 47-51 [Part I – National Assembly (A – Composition and Staff of National Assembly)] Section 52-64 (B – Procedure for Summoning and Dissolution of National Assembly) Section 65-70 (C – Qualifications for Membership of National Assembly and Right of Attendance) Section 71-79 (D – Elections to National Assembly) Section 80-89 (E – Powers and Control over Public Funds) Section 90-93 [Part II – House of Assembly of a State (A – Composition and Staff of House of Assembly)] Section 94-105 (B – Procedure for Summoning and Dissolution of House of Assembly) Section 106-111 (C – Qualification for Membership of House of Assembly and Right of Attendance) Section 112-119 (D – Elections to a House of Assembly) Section 120-129 (E – Powers and control over Public Funds) Section 130-152 [Part I – Federal Executive (A – The President of the Federation)] Section 153-161 (B – Establishment of Certain Federal Executive Bodies) Section 162-168 (C – Public Revenue) Section 169-175 (D – The Public Service of the Federation) Section 176-196 [Part II – State Executive (A – The Governor of a State)] Section 197-205 (B – Establishment of Certain State Executive Bodies) Section 206-212 (C – The Public Service of State) Section 213 [Part III – Supplemental (A – National Population Census)] Section 214-216 (B – Nigeria Police Force) Section 217-220 (C – Armed Forces of the Federation) Section 221-229 (D – Political Parties) Section 230-236 [Part I – Federal Courts (A – The Supreme Court of Nigeria)] Section 237-248 (B – The Court of Appeal) Section 249-254 (C – The Federal High Court) Section 255-259 (D – The High Court of the Federal Capital Territory, Abuja) Section 260-264 (E – The Sharia Court of Appeal of the Federal Capital Territory, Abuja) Section 265-269 (F – The Customary Court of appeal of the Federal Capital Territory, Abuja) Section 270-274 [Part II – State Courts (A – High Court of a State)] Section 275-279 (B – Sharia Court of Appeal of a State) Section 280-284 (C – Customary Court of Appeal of a State) Section 285 [Part III – Election Tribunals] Section 286-296 [Part IV – Supplemental] Section 297-304 [Part I – Federal Capital Territory, Abuja] Section 305-308 [Part II – Miscellaneous Provisions] Section 309-317 [Part III – Transitional Provisions and Savings] Section 318-320 [Part IV – Interpretation, Citation and Commencement] First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule
Schedule V to the Nigerian Constitution 1999
Below is the content of the fifth schedule to the Nigerian Constitution.
Code of Conduct for Public Officers
- A public officer shall not put himself in a position where his personal interest conflicts with his duties and
- Without prejudice to the generality of the foregoing paragraph, a public officer shall not
(a) receive or be paid the emoluments of any public office at the same
time as he receives or is paid the emoluments of any other public
- The President, Vice -President, Governor, Deputy Governor, Ministers of the Government of the Federation and
Commissioners of the Governments of the States, members of the National Assembly and of the Houses of
Assembly of the States, and such other public officers or persons as the National Assembly may by law prescribe
shall not maintain or operate a bank account in any country outside Nigeria.
- (1) A public officer shall not, after his retirement from public service and while receiving pension from public
funds, accept more than one remuneration position as chairman, director or employee of –
(a) a company owned or controlled by the government; or
(b) any public authority.
(2) a retired public servant shall not receive any other remuneration from public funds in addition to his pension and
the emolument of such one remunerative position.
- (1) Retired public officers who have held offices to which this paragraph applies are prohibited from service or
employment in foreign companies or foreign enterprises.
(2) This paragraph applies to the offices of President, Vice-President, Chief Justice of Nigeria, Governor and Deputy
governor of a State.
- (1) A public officer shall not ask for or accept property or benefits of any kind for himself or any other person on
account of anything done or omitted to be done by him in the discharge of his duties.
(2) for the purposes of sub-paragraph (1) of this paragraph, the receipt by a public officer of any gifts or benefits
from commercial firms, business enterprises or persons who have contracts with the government shall be presumed
to have been received in contravention of the said sub-paragraph unless the contrary is proved.
(3) A public officer shall only accept personal gifts or benefits from relatives or personal friends to such extent and
on such occasions as are recognised by custom:
Provided that any gift or donation to a public officer on any public or ceremonial occasion shall be treated as a gift
to the appropriate institution represented by the public officer, and accordingly, the mere acceptance or receipt of
any such gift shall not be treated as a contravention of this provision.
- The President or Vice-President, Governor or Deputy Governor, Minister of the Government of the Federation or
Commissioner of the Government of a State, or any other public officer who holds the office of a Permanent
Secretary or head of any public corporation, university, or other parastatal organisation shall not accept –
(a) a loan, except from government or its agencies, a bank, building
society, mortgage institution or other financial institution recognised
by law,; and
(b) any benefit of whatever nature from any company, contractor, or
businessman, or the nominee or agent of such person:
Provided that the head of a public corporation or of a university or
other parastatal organisation may, subject to the rules and regulations
of the body, accept a loan from such body.
- No persons shall offer a public officer any property, gift or benefit of any kind as an inducement or bribe for the
granting of any favour or the discharge in his favour of the public officer’s duties.
- A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights
of any other person knowing that such act is unlawful or contrary to any government policy.
- A public officer shall not be a member of, belong to, or take part in any society the membership of which is
incompatible with the functions or dignity of his office.
- (1) Subject to the provisions of this Constitution, every public officer shall within three months after the coming
into force of this Code of Conduct or immediately after taking office and thereafter –
(a) at the end of every four years; and
(b) at the end of his term of office, submit to the Code of Conduct
Bureau a written declaration of all his properties, assets, and liabilities
and those of his unmarried children under the age of eighteen years.
(2) Any statement in such declaration that is found to be false by any authority or person authorised in that behalf to
verify it shall be deemed to be a breach of this Code.
(3) Any property or assets acquired by a public officer after any declaration required under this Constitution and
which is not fairly attributable to income, gift, or loan approved by this Code shall be deemed to have been acquired
in breach of this Code unless the contrary is proved.
- Any allegation that a public officer has committed a breach of or has not complied with the provisions of this
Code shall be made to the Code of Conduct Bureau.
- A public officer who does any act prohibited by this Code through a nominee, trustee, or other agent shall be
deemed ipso facto to have committed a breach of this Code,
- In its application to public officers –
(a) Members of legislative houses shall be exempt from the provisions
of paragraph 4 of this Code; and
(b) the National Assembly may by law exempt any cadre of public
officers from the provisions of paragraphs 4 and 11 of this Code if it
appears to it that their position in the public service is below the rank
which it considers appropriate for the application of those provisions.
Code of Conduct Tribunal
- (1) There shall be established a tribunal to be known as Code of Conduct Tribunal which shall consist of a
Chairman and two other persons.
(2) The Chairman shall be a person who has held or is qualified to hold office as a Judge of a Court of record in
Nigeria and shall receive such remuneration as may be prescribed by law.
(3) The Chairman and members of the Code of Conduct Tribunal shall be appointed by the President in accordance
with the recommendation of the National Judicial Council.
(4) The National Assembly may by law confer on the Code of Conduct Tribunal such additional powers as may
appear to it to necessary to enable it more effectively to discharge the functions conferred on it in this Schedule.
- (1) The tenure of office of the staff of the Code of Conduct Tribunal shall, subject to the provisions of this Code,
be the same as that provided for in respect of officers in the civil service of the Federation.
(2) The power to appoint the staff of the Code of Conduct Tribunal and to exercise disciplinary control over them
shall vest in the members of the Code of Conduct Tribunal and shall be exercisable in accordance with the
provisions of an Act of the National Assembly enacted in that behalf.
- (1) Subject to the provisions of this paragraph, a person holding the office of Chairman or member of the Code
of Conduct Tribunal shall vacate his office when he attains the age of seventy years.
(2) A person who has held office as Chairman or member of the Code of Conduct Tribunal for a period of not less
than ten years shall, if he retires at the age of seventy years, be entitled to pension for life at a rate equivalent to his
last annual salary in addition to other retirement benefits to which he may be entitled.
(3) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from
his office or appointment by the President except upon an address supported by two-thirds majority of each House
of the National Assembly praying that he be so removed for inability to discharge the functions of the office in
question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Code.
(4) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed from
office before retiring age save in accordance with the provisions of this Code.
- (1) Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of
this Code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this
paragraph and such other punishment as may be prescribed by the National Assembly.
(2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following –
(a) vacation of office or seat in any legislative house, as the case may
(b) disqualification from membership of a legislative house and from
the holding of any public office for a period not exceeding ten years;
(c) seizure and forfeiture to the State of any property acquired in abuse
or corruption of office.
(3) The sanctions mentioned in sub-paragraph (2) hereof shall be without
prejudice to the penalties that may be imposed by any law where the
conduct is also a criminal offence.
(4) Where the Code of Conduct Tribunal gives a decision as to whether or
not a person is guilty of a contravention of any of the provisions of this
Code, an appeal shall lie as of right from such decision or from any
punishment imposed on such person to the Court of Appeal at the instance
of any party to the proceedings.
(5) Any right of appeal to the Court of Appeal from the decisions of the
Code of Conduct Tribunal conferred by sub-paragraph (4) hereof shall be
exercised in accordance with the provisions of an Act of the National
Assembly and rules of court for the time being in force regulating the
powers, practice and procedure of the Court of Appeal.
(6) Nothing in this paragraph shall prejudice the prosecution of a public
officer punished under this paragraph or preclude such officer from being
prosecuted or punished for an offence in a court of law.
(7) The provisions of this Constitution relating to prerogative of mercy
shall not apply to any punishment imposed in accordance with the
provisions of this paragraph.
- In this Code, unless the context otherwise requires -“assets” includes any property, movable and immovable and
incomes owned by a person;
“business” means any profession, vocation, trade, or any adventure or concern in the nature of trade and excludes
“child” includes a step-child, a lawfully adopted child, a child born out of wedlock and any child to whom any
individual stands in place of a parent;
“emolument” means any salary, wage, over-time or leave pay, commission, fee, bonus, gratuity, benefit, advantage
(whether or not that advantage is capable of being turned into money or money’s worth), allowance, pension or
annuity paid, given or granted in respect of any employment or office;
“foreign companies” or “foreign enterprises” means companies or enterprises in which the Government, its agencies
or citizens of Nigeria or whose policies are determined by persons or organisations outside Nigeria;
“liabilities” includes responsibilities according to law to satisfy a debt, duty or obligation quantifiable in monetary
value, instant and contingent;
“misconduct” means breach of the Oath of Allegiance or oath of office of a member or breach of the provisions of
this Constitution or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets
“public office” means a person holding any of the offices specified in Part II of this Schedule; and
“public office” shall not include the chairmanship or membership of ad hoc tribunals, commissions or committees
Public Officers for the purposes of the Code of conduct
- The President of the Federation.
- The Vice-President of the Federation.
- The President and Deputy President of the Senate Speakers and Deputy Speaker of the House of Representatives
and Speakers and Deputy Speakers of Houses of Assembly of States, and all members and staff of legislative
- Governors and Deputy Governors of States.
- Chief Justice of Nigeria, Justices of the Supreme Court, President and Justices of the Court of Appeal, all other
judicial officers and all staff of courts of law.
- Attorney-General of the Federation and Attorney-General of each State.
- Ministers of the Government of the Federation and Commissioners of the Governments of the States.
- Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff, Chief of Air Staff and all members of the
armed forces of the Federation.
- Inspector-General of Police, Deputy Inspector-General of Police and all members of the Nigeria Police Force and
other government security agencies established by law.
- Secretary to the Government of the Federation, Head of the Civil service, Permanent Secretaries, DirectorsGenerals and all other persons in the civil service of the Federation or of the State.
- Ambassadors, High Commissioners and other officers of Nigeria Missions abroad.
- Chairman, members and staff of the Code of Conduct Bureau and Code of Conduct Tribunal.
- Chairman, members and staff of local government councils.
- Chairman and members of the Boards or other governing bodies and staff of statutory corporations and of
companies in which the Federal or State Governments or local governments councils.
- All staff of universities, colleges and institutions owned and financed by the Federal or State Governments or
local government councils.
- Chairman, members and staff of permanent commissions or councils appointed on full time basis.