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Constitution of Nigeria

Nigerian Constitution 1999 eBook (With All Amendments and Annotations)


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CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (PROMULGATION) DECREE 1999

1999 Decree No. 24

[5th May, 1999] Commencement


WHEREAS the Federal Military Government of the Federal Republic of Nigeria in compliance with the Transition to Civil Rule (Political Programme) Decree 1998 has, through the Independent National Electoral Commission, conducted elections to the office of President and Vice-President, Governors and Deputy-Governors, Chairmen and Vice-Chairmen, the National Assembly, the Houses of Assembly and the Local Government Councils;

AND WHEREAS the Federal Military Government in furtherance of its commitment to hand over to a democratically elected civilian administration on 29th May 1999 inaugurated on 11th November 1998, the Constitutional Debate Co-ordinating Committee charged with responsibility to, among other things, pilot the debate on the new Constitution for Nigeria, co-ordinate and collate views and recommendations canvassed by individuals and groups for a new Constitution for Nigeria;  

AND WHEREAS the Constitutional Debate Co-ordinating Committee benefited from the receipt of large volumes of memoranda from Nigerians at home and abroad and oral presentations at the public hearings at the debate centres throughout the country and the conclusions arrived thereat and also at various seminars, workshops and conferences organised and was convinced that the general consensus of opinion of Nigerians is the desire to retain the provisions of the Federal Republic of Nigeria with some amendments;

AND WHEREAS the Constitutional Debate Co-ordinating Committee has presented the report of its deliberations of the Provisional Ruling Council;

AND WHEREAS the Provisional Ruling Council has approved the report subject to such amendments as are deemed necessary in the public interest and for the purpose of promoting the security, welfare and good governance and fostering the unity and progress of the people of Nigeria with a view to achieving its objective of handing over an enduring Constitution to the people of Nigeria;

AND WHEREAS, it is necessary in accordance with the programme on transition to civil rule for the Constitution of the federal Republic of Nigeria 1979 after necessary amendments and approval by the Provisional Ruling Council to be promulgated into a new Constitution for the Federal Republic of Nigeria in order to give the same force of law with effect from 29th May 1999:

NOW THEREFORE, THE FEDERAL MILITARY GOVERNMENT hereby decrees as follows:-


Promulgation of the Constitution of the Federal Republic of Nigeria 1999. Schedule.

1.  (1) There shall be for Nigeria a Constitution which shall be as set out in the Schedule to this Decree.

(2) The Constitution set out in the Schedule to this Decree shall come into force on 29th May 1999.

(3) Whenever it may hereafter be necessary for the Constitution to be printed it shall be lawful for the Federal Government Printer to omit all parts of this Decree apart from the Schedule and the Constitution as so printed shall have the force of law notwithstanding the omission.

Citation

2. This Decree may be cited as the Constitution of the Federal Republic of Nigeria (Promulgation) Decree 1999.


SCHEDULE         section 1(1)


CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999


ARRANGEMENT OF SECTIONS

Section

CHAPTER I

GENERAL PROVISIONS


Part I – Federal Republic of Nigeria


1. Supremacy of the Constitution.

2. The Federal Republic of Nigeria.

3. States of the Federation and the Federal Capital Territory, Abuja.


Part II – Powers of the Federal Republic of Nigeria


4. Legislative powers.

5. Executive powers.

6. Judicial powers.

7. Local government system.

8. New States and boundary adjustment, etc.

9. Mode of altering provisions of the Constitution.

10. Prohibition of State Religion.

11. Public order and public security.

12. Implementation of treaties.


CHAPTER II

FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY


13. Fundamental obligations of the Government.

14. The Government and the people.

15. Political objectives.

16. Economic objectives.

17. Social objectives.

18. Educational objectives.

19. Foreign policy objectives.

20. Environmental objectives.

21. Directive on Nigerian cultures.

22. Obligation of the mass media.

23. National ethics.

24. Duties of the citizen.


CHAPTER III

CITIZENSHIP

25. Citizenship by birth.

26. Citizenship by registration.

27. Citizenship by naturalisation.

28. Dual citizenship.

29. Renunciation of citizenship.

30. Deprivation of citizenship.

31. Persons deemed to be Nigerian citizens.

32. Power to make regulations.


CHAPTER IV

FUNDAMENTAL RIGHTS


33. Right to life.

34. Right to dignity of human person.

35. Right to personal liberty.

36. Right to fair hearing.

37. Right to private and family life.

38. Right to freedom of thought, conscience and religion.

39. Right to freedom of expression and the press.

40. Right to peaceful assembly and association.

41. Right to freedom of movement.

42. Right to freedom from discrimination.

43. Right to acquire and own immovable property anywhere in Nigeria.

44. Compulsory acquisition of property.

45. Restriction on and derogation from fundamental rights.

46. Special jurisdiction of High court and legal aid.


CHAPTER V

THE LEGISLATURE


Part I – National Assembly


A – Composition and staff of National Assembly

47. Establishment of the National Assembly.

48. Composition of the Senate.

49. Composition of the House of Representatives.

50. President of the Senate and Speaker of the House of Representatives.

51. Staff of the National Assembly.

B – Procedure for Summoning and Dissolution of National Assembly

52. Declaration of assets and liabilities; oaths of members.

53. Presiding at sittings of the National Assembly and at joint sittings.

54. Quorum.

55. Languages.

56. Voting.

57. Unqualified person sitting or voting.

58. Mode of exercising federal legislative power: general.

59. Mode of exercising Federal legislative power: money bills.

60. Regulation of procedure.

61. Vacancy or participation of strangers not to invalidate proceedings.

62. Committees.

63. Sittings.

64. Dissolution and issue of proclamations by President.

C – Qualifications for Membership of National Assembly and Right of Attendance

65. Qualifications for election.

66. Disqualifications.

67. Right of attendance of President.

68. Tenure of seat of members.

69. Recall.

70. Remuneration.

D Elections to National Assembly

71. Senatorial districts and Federal constituencies.

72. Size of Senatorial districts and Federal constituencies.

73. Periodical review of Senatorial districts and Federal constituencies.

74. Time when alteration of Senatorial districts or Federal constituencies takes effect.

75. Ascertainment of population.

76. Time of election to the National Assembly.

7.7. Direct election and franchise.

78. Supervision of election.

79. Power of the National Assembly as to determination of certain questions.

E Powers and Control over Public Funds

80. Establishment of Consolidated Revenue Fund.

81. Authorisation of expenditure from Consolidated Revenue Fund.

82. Authorisation of expenditure in default of appropriations.

83. Contingencies Fund.

84. Remuneration, etc. of the President and certain other officers.

85. Audit of public accounts.

86. Appointment of Auditor-General.

87. Tenure of office of Auditor-General.

88. Power to conduct investigations.

89. Power as to matters of evidence.


Part II – House of Assembly of a State


A – Composition and Staff of House of Assembly

90. Establishment of House of Assembly for each State.

91. Composition of the House of Assembly.

92. Speaker of House of Assembly.

93. Staff of House of Assembly.

B Procedure for Summoning and Dissolution of House of Assembly

94. Declaration of assets and liabilities; oaths of members.

95. Presiding at sittings.

96. Quorum.

97. Languages.

98. Voting.

99. Unqualified person sitting or voting.

100. Mode of exercising legislative power of a State.

101. Regulation of procedure.

102. Vacancy or participation of strangers not to invalidate proceedings.

103. Committees.

104. Sittings.

105. Dissolution and issue of proclamation by Governor.

C Qualification for Membership of House of Assembly and Right of Attendance

106. Qualifications for election.

107. Disqualifications.

108. Right of attendance of Governor.

109. Tenure of seat of members.

110. Recall.

111. Remuneration.

D Elections to a House of Assembly

112. State constituencies.

113. Size of State constituencies.

114. Periodical review of State constituencies.

115. Time when alteration of State constituencies takes effect.

116. Time of elections to Houses of Assembly.

117. Direct election and franchise.

118. Supervision of election.

119. Power of National Assembly as to determination of certain questions.

E Power and Control over Public funds

120. Establishment of Consolidated Revenue Fund.

121. Authorisation of expenditure from Consolidated Revenue Fund.

122. Authorisation of expenditure in default of appropriations.

123. Contingencies Fund.

124. Remuneration, etc., of the Governor and certain other officers.

125. Audit of public accounts.

126. Appointment of Auditor-General.

127. Tenure of office of Auditor-General.

128. Power to conduct investigations.

129. Power as to matters of evidence.


CHAPTER VI

THE EXECUTIVE


Part I – Federal Executive


A The President of the Federation

130. Establishment of the office of President.

131. Qualification for election as President.

132. Election of the President: general.

133. Election: single Presidential candidate.

134. Election: two or more Presidential candidates.

135. Tenure of office of President.

136. Death, etc. of President-elect before oath of office.

137. Disqualifications.

138. President: disqualification from other jobs.

139. Determination of certain questions relating to election.

140. Declaration of assets and liabilities; oaths of President.

141. Establishment of office of Vice-President.

142. Nomination and election of Vice-President.

143. Removal of President from office.

144. Permanent incapacity of President or Vice-President.

145. Acting President during temporary absence of President.

146. Discharge of functions of President.

147. Ministers of Federal Government.

148. Executive responsibilities of Ministers.

149. Declaration of assets and liabilities; oaths of Ministers.

150. Attorney-General of the Federation.

151. Special Advisers.

152. Declaration of assets and liabilities; oath of Special Adviser.

B Establishment of Certain Federal Executive Bodies

153. Federal Commissions and Councils, etc.

154. Appointment of Chairman and members.

155. Tenure of office of members.

156. Qualification for membership.

157. Removal of members.

158. Independence of certain bodies.

159. Quorum and decisions.

160. Powers and procedure.

161. Interpretation.

C Public Revenue

162. Distributable pool account.

163. Allocation of other revenue.

164. Federal grants-in-aid of State revenue.

165. Cost of collection of certain duties.

166. Set-off.

167. Sums charged on Consolidated Revenue Fund.

168. Provisions with regard to payments.

D –  The Public Service of the Federation

169. Establishment of civil service of the Federation.

170. Federal Civil Service Commission: power to delegate functions.

171. Presidential appointments.

172. Code of Conduct.

173. Protection of pension rights.

174. Public prosecutions.

175. Prerogative of mercy.


Part II – State Executive


A The Governor of a State

176. Establishment of the office of Governor.

177. Qualification for election as Governor.

178. Election of Governor: general.

179. Election: single candidate and two or more candidates.

180. Tenure of office of Governor.

181. Death, etc, of Governor-elect before oath of office.

182. Disqualifications.

183. Governor; disqualification from other jobs.

184. Determination of certain questions relating to elections.

185. Declaration of assets and liabilities; oaths of office of Governor.

186. Establishment of the office of Deputy Governor.

187. Nomination and election of Deputy Governor.

188. Removal of Governor or Deputy Governor from office.

189. Permanent incapacity of Governor or Deputy Governor.

190. Acting Governor during temporary absence of Governor.

191. Discharge of functions of Governor.

192. Commissioners of State Government.

193. Executive responsibilities of Deputy Governor and Commissioners.

194. Declaration of assets and liabilities; oaths of Commissioners.

195. Attorney-General of a State.

196. Special Advisers.

B Establishment of Certain State Executive Bodies

197. State Commissions.

198. Appointment of Chairman and members.

199. Tenure of office of members.

200. Qualification for membership.

201. Removal of members.

202. Independence of certain bodies.

203. Quorum and decisions.

204. Powers and procedure.

205. Interpretation.

C – The Public Service of a State

206. Establishment of State civil service.

207. State Civil Service Commission: power of delegation.

208. Appointments by Governor.

209. Code of Conduct.

210. Protection of pension rights.

211. Public prosecutions.

212. Prerogative of mercy.

Part III – Supplemental

A – National Population Census

213. National population census.

B Nigeria Police Force

214. Establishment of Nigeria Police Force.

215. Appointment of Inspector-General and control of Nigeria Police Force.

216. Delegation of powers to the Inspector-General of Police.

C Armed Forces of the Federation

217. Establishment and composition of the armed forces of the Federation.

218. Command and operational use.

219. Establishment of body to ensure federal character of armed forces.

220. Compulsory military service.

D Political Parties

221. Prohibition of political activities by certain associations.

222. Restriction on formation of political parties.

223. Constitution and rules of political parties.

224. Aims and objects.

225. Finances of political parties.

226. Annual report on finances.

227. Prohibition of quasi-military organisations.

228. Powers of the National Assembly with respect to political parties.

229. Interpretation.


CHAPTER VII

THE JUDICATURE


Part I – Federal Courts


A The Supreme Court of Nigeria

230. Establishment of the Supreme Court of Nigeria.

231. Appointment of Chief Justice of Nigeria and Justices of the Supreme Court.

232. Original jurisdiction.

233. Appellate jurisdiction.

234. Constitution.

235. Finality of determinations.

236. Practice and procedure.

BThe Court of Appeal

237. Establishment of Court of Appeal.

238. Appointment of President and Justices of the Court of Appeal.

239. Original jurisdiction.

240. Appellate jurisdiction.

241. Appeals as of right from the Federal High Court or a High Court.

242. Appeals with leave.

243. Exercise of right of appeal from the Federal High Court or a High Court in civil and criminal matters.

244. Appeals from Sharia Court of Appeal.

245. Appeals from Customary Court of Appeal.

246. Appeals from Code of Conduct Tribunal and other courts and tribunals

247. Constitution.

248. Practice and procedure.

C The Federal High Court

249. Establishment of the Federal High Court.

250. Appointment of Chief Judge and Judges of the Federal High Court.

251. Jurisdiction.

252. Powers.

253. Constitution.

254. Practice and procedure.

DThe High Court of the Federal Capital Territory, Abuja

255. Establishment of the High Court of the Federal Capital Territory, Abuja.

256. Appointment of Chief Judge and Judges of High Court of the Federal Capital Territory, Abuja.

257. Jurisdiction.

258. Constitution.

259. Practice and procedure.

E The Sharia Court of Appeal of the Federal Capital Territory, Abuja

260. Establishment of the Sharia Court of Appeal of the Federal Capital Territory, Abuja.

261. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of the Federal Capital Territory. Abuja.

262. Jurisdiction.

263. Constitution.

264. Practice and procedure.

F The Customary Court of Appeal of the Federal Capital Territory, Abuja.

265. Establishment of the Customary Court of Appeal of the Federal Capital Territory, Abuja.

266. Appointment of President and Judges of the Customary Court of Appeal of the Federal Capital Territory, Abuja.

267. Jurisdiction.

268. Constitution.

269. Practice and procedure

Part II – State Courts

A High Court of a State

270. Establishment of a High Court for each State.

271. Appointment of Chief Judge and Judges of the High Court of a State.

272. Jurisdiction: general.

273. Constitution.

274. Practice and procedure.

B Sharia Court of Appeal of a State

275. Establishment of Sharia Court of Appeal.

276. Appointment of Grand Kadi and Kadis of the Sharia Court of Appeal of a State.

277. Jurisdiction.

278. Constitution.

279. Practice and procedure.

C Customary Court of Appeal of a State

280. Establishment of Customary Court of Appeal.

281. Appointment of President and Judges of the Customary Court of Appeal of a State.

282. Jurisdiction.

283. Constitution.

284. Practice and procedure.


Part III – Election Tribunals


285. Establishment and Jurisdiction of election tribunals.


Part IV – Supplemental


286. Jurisdiction of State courts in respect of Federal causes.

287. Enforcement of decisions.

288. Appointment of persons learned in Islamic personal law and Customary law.

289. Disqualification of certain legal practitioners.

290. Declaration of assets and liabilities: oaths of judicial officers.

291. Tenure of office and pension rights of judicial officers.

292. Removal of other judicial officers from office.

293. Vacancies.

294. Determination of causes and matters.

295. Reference of questions of law.

296. Interpretation.


CHAPTER VIII

FEDERAL CAPITAL TERRITORY, ABUJA AND GENERAL SUPPLEMENTARY PROVISIONS


Part I – Federal Capital Territory, Abuja


297. Federal Capital Territory. Abuja: ownership of lands.

298. Capital of the Federation.

299. Application of Constitution.

300. Representation, in the-National Assembly.

301. Adaptation of certain references.

302. Minister of Federal Capital Territory. Abuja.

303. Administration of the Federal Capital Territory. Abuja.

304. Establishment of the Judicial Service Committee of the Federal Capital Territory, Abuja.


Part II – Miscellaneous Provisions


305. Procedure for proclamation of state of emergency.

306. Resignations.

307. Restriction certain citizens.

308. Restriction on legal proceedings.


Part III – Transitional Provisions and Savings

309. Citizenship.

310. Staff of legislative houses.

311. Standing Orders.

312. Special provisions in respect of first election.

313. System of revenue allocation.

314. Debts.

315. Existing law.

316. Existing offices, courts and authorities.

317. Succession to property, rights, liabilities and obligations.


Part IV – Interpretation, Citation and Commencement


318. Interpretation.

319. Citation.

320. Commencement.


SCHEDULES


First Schedule:

 Part I – States of the Federation

 Part II – Definition and Area Councils of Federal Capital Territory, Abuja


Second Schedule:

Part I – Exclusive Legislative List

Part II – Concurrent Legislative List

Part III – Supplemental and Interpretation


Third Schedule:

Part I – Federal Executive Bodies

Part II – State Executive Bodies

Part III – Federal Capital Territory, Abuja Executive Body


Fourth Schedule: Functions of a Local Government Council


Fifth Schedule:

Part I – Code of Conduct for Public Officers

Part II – Public Officers for the Purposes of the Code of Conduct


Sixth Schedule:  Election Tribunals


 Seventh Schedule: Oaths



CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999


WE THE PEOPLE of the Federal Republic of Nigeria:

HAVING firmly and solemnly resolved:

TO LIVE in unity and harmony as one indivisible and indissoluble Sovereign Nation under God dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding:

AND TO PROVIDE for a Constitution for the purpose of promoting the good government and welfare of all persons in our country on the principles of Freedom, Equality and Justice, and for the purpose of consolidating the Unity of our people:

DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following Constitution:


CHAPTER I

GENERAL PROVISIONS


PART I

Federal Republic of Nigeria


Supremacy of the Constitution

1. (1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.

(2) The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.

The Federal Republic of Nigeria

2. (1) Nigeria is one indivisible and indissoluble Sovereign State to be known by the name of the Federal Republic of Nigeria.

(2) Nigeria shall be a Federation consisting of States and a Federal Capital Territory.

States of the Federation and the Federal Capital Territory, Abuja

3. (1) There shall be thirty-six States in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kabbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara.

Part I First Schedule

(2) Each State of Nigeria named in the first column of Part I of the First Schedule to this Constitution shall consist of the area shown opposite thereto in the second column of that Schedule.

Part I First Schedule

(3) The headquarters of the Government of each State shall be known as the Capital City of that State as shown in the third column of the said Part I of the First Schedule opposite the State named in the first column thereof.

Part II First Schedule

(4) The Federal Capital Territory, Abuja shall be as defined in Part II of the First Schedule to this Constitution.

(5) The provisions of this Constitution in Part I of Chapter VIII hereof shall, in relation to the Federal Capital Territory, Abuja, have effect in the manner set out thereunder.

Part I and II First Schedule

(6) There shall be seven hundred and sixty-eight local government areas in Nigeria as shown in the second column of Part I of the First Schedule to this Constitution and six area councils as shown in Part II of that Schedule.

.......

NOTE: This Constitution has 320 Sections, all which shall be published in our forthcoming eBook.




Nigerian Law: Nigerian Constitution eBook (e-Book) and Book By Leesi Ebenezer Mitee Nigerian Law: Laws of Rivers State of Nigeria: An Encyclopaedic Guide By Leesi Ebenezer Mitee

Laws of Rivers State of Nigeria: An Encyclopaedic Guide


• You can read this Laws of Rivers State of Nigeria eBook (e-Book) on your mobile phone, Blackberry, Android, Amazon Kindle, PDAs (mobile devices), and your computer, of course. It is available on Amazon eBookstores worldwide (Amazon.com, Amazon.co.uk, Amazon.de, etc).

• Paper edition of Laws of Rivers State of Nigeria: An Encyclopaedic Guide is also available.


Product description of Laws of Rivers State of Nigeria: An Encyclopaedic Guide as it appears on Amazon websites (US, United Kingdom, Germany, Canada, France, etc):


Product Description


Rivers State was created out of the former Eastern Nigeria on 27 May 1967 by virtue of the States (Creation and Transitional Provisions) Decree No. 14 of 1967, and inherited Eastern Nigeria legislation in accordance with section 1(5) of the said Decree. Consequently, legislation applicable to Rivers State as at 27 May 1967 consisted of the Laws contained in The Revised Edition of The Laws of Eastern Nigeria 1963 and those enacted between 1963 and 1967. Thereafter, Edicts were promulgated by the successive Military Governors of Rivers State between 1968 and 28 May 1999, interspersed with brief periods of democratic Government that enacted Laws.


The first and only revision of the Laws of Rivers State of Nigeria was published as The Laws of Rivers State of Nigeria 1999 containing legislation still in force at that time. It should be noted that by virtue of section 3 of the Revised Edition (Laws of Rivers State of Nigeria) Law 1991, there may be Laws which, although omitted in The Laws of Rivers State of Nigeria 1999, still have the force of law, just like those included in it. Unfortunately, there is an operational disconnect between the enactment of legislation and their publication in the official form either in the Official Gazette or in bound annual volumes as required by law. Consequently, it becomes a Herculean task to search for every piece of legislation which may be hidden in volumes of files containing signed copies or among thousands of copies of the Official Gazette littered in several locations! Herein lies one aspect of the indispensability of this book, the first edition of which was published in 1994. Without this book, even lawyers may not be aware of some of the existing Laws.


This eBook shall be updated from time to time (throughout a particular year) to reflect changing developments in the Laws of Rivers State of Nigeria. Therefore, readers should remember to check for updates and re-download the latest version from their account free of charge. New editions shall be published yearly in this eBook format. The Laws of the Federation of Nigeria eBook, Nigerian Constitution eBook, Nigerian Law of Evidence eBook (containing full text of the Nigerian Evidence Act 2011), and Nigerian Company Law eBook (containing full text of the Nigerian Companies and Allied Matters Act 1990 with all amendments) shall be available soon in general eBook format and Amazon Kindle eBook format. More resources on Nigerian law are available on the companion Nigerian Law Resources website (www.nigerianlawresources.com).


Table of Contents:


1. Updates and Editions Information

2. Comments on this Book

3. Abbreviations and Guide Notes

4. Acknowledgments

5. About the Author

6. Introduction

7. Part 1: Chronological Table of Laws of Rivers State of Nigeria (Laws of Eastern Nigeria 1963 – 2011 Rivers State Laws)

8. Part 2: Alphabetical Table of Laws of Rivers State of Nigeria (Laws of Eastern Nigeria 1963 – 2011 Rivers State Laws)

9. Part 3: Laws of Rivers State of Nigeria (Laws of Eastern Nigeria 1963 – 1998 Rivers State Laws) with Notes

10. Part 4: Laws of Rivers State of Nigeria 1999 (Revised Statute Book) and Laws made thereafter (1999 - 2011) with Notes

11. Chapters of the Laws of Rivers State of Nigeria 1999

12. Appendices


The Author


The author, Leesi Ebenezer Mitee, holds a Master of Laws (LLM) degree of the University of Huddersfield (United Kingdom). He is a Barrister & Solicitor of the Supreme Court of Nigeria, lecturer, and former Law Research Consultant to the United Nations Development Programme (UNDP) on the Capacity Development for Social Reconciliation Project that provided the juridical foundation of the West Africa Moratorium on Small Arms (light weapons) in 1998. He became a Law Research Consultant to the Rivers State of Nigeria Government in 1994 based on his expertise in the Laws of Rivers State, as evidenced by the first edition of this book.


Product details


Format: Kindle Edition

File Size: 489 KB

Publisher: Worldwwide Business Resources, United Kingdom; 2 edition (24 Sep 2011)

Sold by: Amazon Media EU S.à r.l.

Language English

ASIN: B005O052TA




Constitution of Nigeria

Nigerian Prison System And Fundamental Rights Under the Nigerian Constitution And the African Charter on Human and Peoples Rights

By Leesi Ebenezer Mitee


INTRODUCTION

Every prison system involves detention or confinement of persons as a punishment for crimes they have committed (based on the judgment of a competent court after a fair trial) or while awaiting investigation, where necessary. At least four fundamental rights are directly affected in the entire process:

(a) Right to dignity of the human person;

(b) Right to personal liberty;

(c) Right to freedom of movement; and

(d) Right to fair hearing.

We shall now present the provisions of the Constitution of the Federal Republic of Nigeria 1999 and the African Charter on Human and Peoples’ Rights, which protect these fundamental rights. Articles 1 – 3 of the said Charter contain general provisions on its intendment, which are relevant to all the situations covered by the Charter:

ARTICLE 1

The Member States of the Organisation of African Unity parties to the present Charter shall recognise the rights, duties and freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them.

ARTICLE 2

Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

ARTICLE 3

1. Every individual shall be equal before the law.

 2. Every individual shall be entitled to equal protection of the law.  

NIGERIAN CONSTITUTION: RIGHT TO DIGNITY OF THE HUMAN PERSON

Section 34(1) of the Constitution of the Federal Republic of Nigeria 1999 provides:

  34. (1) Every individual is entitled to respect for the dignity of his person, and accordingly –  

(a) no person shall be subjected to torture or to inhuman or degrading treatment;

(b) no person shall be held in slavery or servitude; and

(c) no person shall be required to perform forced or compulsory labour.

Relevant provisions of the African Charter on Human and Peoples’ Rights on right to dignity of the human person include the following:

 ARTICLE 4

Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

ARTICLE 5

Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

ARTICLE 6

Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

ARTICLE 12

1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law.

ARTICLE 16

1. Every individual shall have the right to enjoy the best attainable state of physical and mental health.

2. States Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

NIGERIAN CONSTITUTION: RIGHT TO PERSONAL LIBERTY

Section 35(1)(a) – (c) of the Constitution of the Federal Republic of Nigeria 1999 stipulates:

35. (1) Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law –  

(a) in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty;

(b) by reason of his failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed upon him by law;

(c) for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence.

Relevant provisions of the African  Charter  on Human and Peoples’ Rights on right to personal liberty include Article 6:

ARTICLE 6

Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

NIGERIAN CONSTITUTION: RIGHT TO FREEDOM OF MOVEMENT

Section 41 of the Constitution of the Federal Republic of Nigeria 1999:

  41. (1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom.

(2) Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society -

(a) imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or

 (b) providing for the removal of any person from Nigeria to any other country to

 (i)  be tried outside Nigeria for any criminal offence, or

     (ii)  undergo imprisonment outside Nigeria in execution of the sentence of a court of law in respect of a criminal offence of which he has been found guilty:

 Provided that there is reciprocal agreement between Nigeria and such other country in relation to such matter.

Relevant provisions of the African Charter on Human and Peoples’ Rights on right to freedom of movement include Article 12(1):

ARTICLE 12

  1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law.

NIGERIAN CONSTITUTION: FAIR HEARING

Section 36(1) of the Constitution of the Federal Republic of Nigeria 1999:

36. (1) In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.

Section 35(2) – (3) of the 1999 Constitution provides thus:

(2) Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.

(3) Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention.

Relevant provisions of the African Charter on Human and Peoples’ Rights on fair hearing include Article 7:

ARTICLE 7

  1. Every individual shall have the right to have his cause heard. This comprises:

(a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognised and guaranteed by conventions, laws, regulations and customs in force;

(b) the right to be presumed innocent until proved guilty by a competent court or tribunal;

(c) the right to defence, including the right to be defended by counsel of his choice;

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

2. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.


Nigerian Law eBooks (e-Books) and Books


Laws of the Federation of Nigeria eBook

Constitution of the Federal Republic of Nigeria 1999 eBook: Full Text With Notes (All Amendments Incorporated)

Nigerian Law of Evidence eBook: Full Text of the Evidence Act 2011 With Notes

Nigerian Company Law eBook: Full Text of Nigerian Companies and Allied Matters Act 1990 With Notes

Laws of Bayelsa State of Nigeria eBook

Laws of Rivers State of Nigeria eBook (now available on all Amazon websites)


PLUS United States of America Constitution eBook


This collection is a must-have affordable legal resource for law researchers, legal practitioners, business executives, companies, professionals, students, and all those interested in the historical and day-to-day development of Nigerian legislation. You can read them on your computer, mobile phone, Amazon Kindle, Android, BlackBerry, iPhone, iPad, and other eReaders hand-held devices. The colossal importance of this unprecedented project is self-evident.


Nigerian Law Resources has pioneered the next generation of law eBooks (e-Books). Starting with the Laws of Rivers State of Nigeria eBook, cognizant of the dynamic nature of law (especially as a result of enactment of new legislation, amendment and repeal of existing legislation), our legal eBooks (e-Books) are updated from time to time to reflect changing developments in the laws. Owners of our eBooks (e-Books) can therefore check for updates and re-download the latest version of the same edition free of charge from the website where they bought them (as long the particular website offers such update functionality, like Amazon does). New editions are published from time to time. This is why Nigerian Law Resources eBooks (e-Books) are living books.


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