Section 153-161 of the Nigerian Constitution 1999

01 Jun, 2020 Constitution of the Federal Republic of Nigeria 1999 1 Comment 0

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

Section 153 through 161 of the Nigerian Constitution 1999

Table of Contents

Section 153 through 161 of the Nigerian Constitution is under B (Establishment of certain Federal Executive Bodies) of Part I (Federal Executive) of Chapter VI (The Executive) of the constitution.

Section 153 of the Nigerian Constitution 1999

Federal Commissions and Councils, etc.

(1) There shall be established for the Federation the following bodies, namely:
(a) Code of Conduct Bureau;
(b) Council of State;
(c) Federal Character Commission;
(d) Federal Civil Service Commission;
(e) Federal Judicial Service Commission;
(f) Independent National Electoral Commission;
(g) National Defence Council;
(h) National Economic Council;
(i) National Judicial Council;
(j) National Population Commission;
(k) National Security Council;
(l) Nigeria Police Council;
(m) Police Service Commission; and
(n) Revenue Mobilisation Allocation and Fiscal Commission.
(2) The composition and powers of each body established by subsection (1) of this section are as contained in Part 1
of the Third Schedule to this Constitution.

Section 154 of the Nigerian Constitution 1999

Appointment of Chairman and members

(1) Except in the case of ex officio members or where other provisions are made in this Constitution, the
Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be
appointed by the President and the appointment shall be subject to confirmation by the Senate.
(2) In exercising his powers to appoint a person as Chairman or member of the Council of State or the National
Defence Council or the National Security Council, the President shall not be required to obtain the confirmation of
the Senate.
(3) In exercising his powers to appoint a person as Chairman or member of the Independent National Electoral
Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population
Commission, the President shall consult the Council of State.

Section 155 of the Nigerian Constitution 1999

Tenure of office of members

(1) A person who is a member of any of the bodies established as aforesaid shall, subject to the provisions of
this Part, remain a member thereof –
(a) in the case of an ex officio member, whilst he holds the office by virtue of which he is a member of the body;
(b) in the case of a person who is a member by virtue of his having previously held an office, for the duration of his
life; and
(c) in the case of a person who is a member otherwise than as ex officio member or otherwise than by virtue of his
having previously held an office, for a period of five years from the date of his appointment.
(2) A member of any of the bodies shall cease to be member if any circumstances arise that, if he were not a member
of the body, would cause him to be disqualified for appointment as such a member.

Section 156 of the Nigerian Constitution 1999

Qualification for membership

(1) No person shall be qualified for appointment as a member of any of the bodies aforesaid if –
(a) he is not qualified or if he is disqualified for election as a member of the House of Representatives;
(b) within the preceding ten years, he has been removed as a member of any of the bodies or as the holder of any
other office on the ground of misconduct.
(2) any person employed in the public service of the Federation shall not be disqualified for appointment as
Chairman or member of any of such bodies:
Provided that where such person has been duly appointed he shall, on his appointment, be deemed to have resign his
former office as from the date of the appointment.
(3) No person shall be qualified for appointment to any of the bodies aforesaid if, having previously been appointed
as a member otherwise than as an ex officio member of that body, he has been re-appointed for a further term as a
member of the same body.

Section 157 of the Nigerian Constitution 1999

Removal of members

(1) Subject to the provisions of subsection (3) of this section, a person holding any of the offices to which this
section applies may only be removed from that office by the President acting on an address supported by two-thirds
majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether
arising from infirmity of mind or body or any other cause) or for misconduct.
(2) This section applies to the offices of the Chairman and members of the Code of Conduct Bureau, the Federal
Civil Service Commission, the Independent National Electoral Commission, the National Judicial Council, the
Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National
Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission and the Police Service
Commission.
(3) All members of the National Population Commission shall cease to be members if the President declares a
National Census Report as unreliable and the report is rejected in accordance with section 213 of this Constitution.

Section 158 of the Nigerian Constitution 1999

Independence of certain bodies

(1) In exercising its power to make appointments or to exercise disciplinary control over persons, the Code of
Conduct Bureau, the National Judicial Council, the Federal Civil Service Commission, the Federal Judicial Service
Commission, the Revenue Mobilisation and Fiscal Commission, the Federal Character Commission, and the
Independent National Electoral Commission shall not be subject to the direction or control of any other authority or
person.
(2) The National Population Commission shall not be subject to the direction or control of any other authority or
person:-
(a) in appointing, training or arranging for the training of enumerators or other staff of the Commission to assist it in
the conduct of any population census;
(b) in deciding whether or not to accept or revise the return of any officer of the said Commission concerning the
population census in any area or part of the Federation;
(c) in carrying out the operation of conducting the census; and
(d) in compiling its report of a national census for publication.

Section 159 of the Nigerian Constitution 1999

Quorum and decisions

(1) The quorum for a meeting of any of the bodies established by section 153 of this Constitution shall be not
less than one-third of the total number of members of that body at the date of the meeting.
(2) A member of such a body shall be entitled to one vote, and a decision of the meeting may be taken and any act or
thing may be done in the name of that body by a majority of the members present at the meeting.
(3) Whenever such body is assembled for a meeting, the Chairman or other person presiding shall, in all matters in
which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a
deliberative vote.
(4) Subject to its rules of procedure, any such body may act or take part in any decision notwithstanding any
vacancy in its membership or the absence of any member.

Section 160 of the Nigerian Constitution 1999

Powers and Procedure

(1) Subject to subsection (2) of this section, any of the bodies may, with the approval of the President, by rules
or otherwise regulate its own procedure or confer powers and impose duties on any officer or authority for the
purpose of discharging its functions.
(2) In the exercise of any powers under subsection (1) of this section, any such body shall not confer powers or
impose duties on any officer or authorities of a State except with the approval of the Governor of the State.
The President, upon the receipt of advice from the Revenue Mobilisation Allocation and Fiscal Commission, shall
table before the National Assembly proposals for revenue allocation from the Federation Account, and in
determining the formula, the National Assembly shall take into account, the allocation principles especially those of
population, equality of States, internal revenue generation, land mass, terrain as well as population density.`

Section 161 of the Nigerian Constitution 1999

Interpretation

In this Part of this Chapter, unless the context otherwise requires –
(a) any reference to “ex officio member” shall be construed as a reference to a person who is a member by virtue of
his holding or performing, the functions of an office in the public service of the Federation;
(b) “office” means an office in the public service of the Federation;
(c) any reference to “member” of a body established by section 153 of this Constitution shall be construed as
including a reference to the Chairman of that body; and
(d) “misconduct” means a breach of the Oath of Allegiance or oath of office of a member or a breach of the
provisions of this Constitution or bribery or corruption or false declaration of assets and liabilities or conviction for
treason or treasonable felony.

Credit: https://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/files/assets/law-library-files/Nigeria_Constitution_1999_en.pdf

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