National Assembly’s Proposed Amendments To The
1999 Constitution
January 6, 2006
Clause Sub-Committee Recommendations
1(3) Any person or group of person who, after the coming into force of
this Constitution, breaches or attempts to breach the provisions of
Sub-section (2) of this Section shall, at any time after a
Constitutional and a Democratic Government is re-established, be
prosecuted and if found guilty shall be punished accordingly.
1(4) 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.
2(3) Nigeria shall be governed through a three-tier structure of
government namely the Government of the Federation, the State Government
and Local Government.
4(1) The Legislative powers of the Federal Republic of Nigeria shall be
vested in the National Assembly for the Federation, which shall consist
of the Senate and the House of Representatives.
4(7)(C) Any matter not included in either the Exclusive Legislative List
set out in Part I of the Second Schedule to this Constitution or the
Concurrent Legislative List set out in the first column of Part II of
the Second Schedule to this Constitution to the extent prescribed in the
second column opposite thereto.
Any other matter with respect to which it is empowered to make laws in
accordance with the provisions of this Constitution.
8(1)(C) The result of the referendum is then approved by a simple
majority in two-thirds of the State Houses of Assembly, and.
9(3) Any Act of the National Assembly for the purpose of altering the
provisions of this section, sections 8 or Chapter IV of this
Constitution shall not be passed by either House of National Assembly
unless the proposal is approved by the votes of not less than two-thirds
majority of all the Members of each House, and also approved by
resolution of the Houses of Assembly of not less than two-thirds of all
the States.
13(1) Original Provisions Retained
(2) It shall be the duty of all educational Institutions in Nigeria to
develop and compulsorily teach the ideals of this Constitution to every
student.
15(1) The motto of the Federal Republic of Nigeria shall be Unity and
Faith, Justice, Peace and Progress.
16(1)(a) Original Provisions Retained.
(b) control and regulate the national economy in such manner as to
secure the maximum welfare, freedom and happiness of every citizen on
the basis of social justice and equality of status and opportunity.
24(a) It shall be the duty of every citizen to – (a) Defend democratic
institutions, abide by this Constitution, respect its ideals and its
institutions, the National Flag, the National Anthem, the National
Pledge and legitimate authorities;
25((1) The following persons are citizens of Nigeria by birth, namely –
(a) every person born in Nigeria either of whose parents or any of whose
grandparents is an indigene of a community in Nigeria;
25(2) Sub-section (1) (a) of this section shall also apply to persons
born on or before 1st day of October, 1960 either of whose parents or
any of whose grandparents was an indigene of a territory or community
now forming part of Nigeria.
27(1) (2) The provisions of this section shall apply to –(a) any person
who is or has been married to a citizen of Nigeria.
27(1) I. Subject to the provisions of Section 28 of this Constitution,
any person who is not a Nigerian citizen may apply to the President for
the grant of a certificate of Nigerian citizenship by naturalisation.
27(2) The President may grant the certificate of naturalisation referred
to in subsection (1) of this section if he is satisfied after conducting
the necessary enquiries that the person – (a) is of full age and
capacity (b) is of good character (c) shows a clear intention to be
domiciled in Nigeria (d) is, in the opinion of the Governor of the State
where the person is or proposes to be resident, acceptable to the local
community in which he is to live permanently; and has been assimilated
into the way of life of Nigerians in that part of the Federation. (e)
Has made or is capable of making useful contribution to the advancement,
progress and well-being of Nigeria;
(a) he has taken the Oath of Allegiance prescribed in the Seventh
Schedule to this Constitution; and
(b) he has, immediately preceding the date of his application, either (i.)
resided in Nigeria for a continuous period of fifteen years or, (ii).
resided in Nigeria continuously for a period of twelve months, and
during the period of twenty years immediately preceding of that period
of twelve months has resided in Nigeria for periods amounting in the
aggregate to not less than fifteen years.
(c) has, immediately preceding the date of his application, either
resided in Nigeria for a continuous for a period of twelve months, and
during the period of twenty years immediately preceding that period of
twelve months has resided in Nigeria for periods amounting in the
aggregate to not less than fifteen years.
29(4)(b) any Person who is married shall be deemed to be of full age.
30(1) The President may deprive a person, other than a person who is a
citizen of Nigeria by birth or by registration, of his citizenship, if
he is satisfied that such a person has, within a period of seven years
after becoming naturalised, been sentenced to imprisonment for a felony.
31 For the purposes of this Chapter, a parent or grandparent of a person
shall be deemed to be a citizen of Nigeria if at the time of the birth
of that person such parent or grandparent would have possessed that
status by birth if he had been alive on the first day of October, 1960.
34(2)(b) any labour required of members of the armed forces of the
Federation, Government Security services or the Nigeria Police in
pursuance of their duties as such.
34(2)(e)(iii) such compulsory national service which forms part of the
education and training of citizens of Nigeria as may be prescribed by an
Act of the National Assembly.
35(7)(b) as invalidating any law by reason only that it authorises the
detention for a period not exceeding three months of a member of the
armed forces of the Federation or a member of the Nigeria Police in
execution of a sentence imposed by an officer of the armed forces of the
Federation or of the Nigeria Police, in respect of an offence punishable
by such detention for which he has been found guilty.
39(3)(b) Imposing restrictions upon persons who hold office under the
Government of the Federation or of a State, members of the armed forces
of the Federation or members of the Nigeria Police or other Government
security services or agencies established by law.
42(3) Nothing in subsection (1) of this section shall invalidate any law
by reason only that the law imposes restrictions with respect to the
appointment of any person to any office under the State or as a member
of the armed forces of the Federation or a member of the Nigeria Police
or to an office in the service of a body corporate established directly
by any law in force in Nigeria.
A Nigerian woman married to a Nigerian who is not of the same State of
Origin as the man shall be entitled to all the rights and privileges of
the State in all cases of appointment, employment or election to any
political and public office as if she were an indigene of that State
(a) The right of every Nigerian to reside and work in any part of
Nigeria as a citizen of that place is hereby guaranteed and protected.
(b) No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the State.
(c) A person shall be deemed a resident of a place in Nigeria when He
has been resident and has paid all His taxes in that place for a
continuous period of three years.
(d) Every Nigerian child between the ages of six to… shall be entitled
to free and compulsory basic education.
(1) (e) In this section basic education shall be as defined by an Act of
the National Assembly.
44(3) Notwithstanding the foregoing provisions of this section, the
entire property in and control of all minerals, mineral oils and natural
gas in, under or upon any land in Nigeria or in, under or upon the
territorial waters, Continental Shelf and the Exclusive Economic Zone of
Nigeria shall vest in the Government of the Federation and shall be
managed in such manner as may be prescribed by the National Assembly.
46(1) (1) Any person who alleges that any of the provisions of this
Constitution has been, is being or is likely to be contravened in any
State or the Federal Capital Territory, Abuja in relation to him may
apply to a High Court in the State or in Federal Capital Territory,
Abuja for redress.
55 “The business of the National Assembly shall be conducted in English,
and when adequate arrangements have been made therefore, in other
Nigerian Languages.
59(4) “Where the President, within thirty days after the presentation of
the bill to him, fails to signify his assent or where he withholds
assent, then the bill shall again be presented to the National Assembly
and if passed by two-thirds majority of members of each House, the bill
shall become law and the assent of the President shall not be required.”
64(3) “Subject to the provisions of this Constitution, the person
elected as President, shall have power to issue a proclamation for the
holding of the first session of the National Assembly not later than 72
hours (3 days) after his being sworn in or for its dissolution as
provided in this section.”
69(b) “the petition is thereafter, in a referendum conducted by the
Independent National Electoral Commission within ninety days of the date
of receipt of the petition, approved by a “two-thirds” majority of the
votes of the persons registered to vote in that member’s constituency.
70 Original provision retained as subsection (1) and three additional
subsections(2) (3) and (4), created to read:
“(2) A member of the Senate or House of Representatives who has served
for a period of not less than four years shall be entitled for payment
of severance benefits to him or his personal representative(s) on
ceasing to be a member either by his death, retirement or dissolution of
the National Assembly.
(3) A member of the Senate or House of Representatives shall receive
adequate compensation, to be determined by the Revenue Mobilisation,
Allocation and Fiscal Commission, in the event that he loses his
position or life through coup or any event while in active service.
(4) All entitlements referred to in sub-sections (2) and (3) of this
section shall, unless otherwise provided by this Constitution, be
charged upon the Consolidated Revenue Fund of the Federal Government.”
80(1) “All revenues or other moneys raised or received by the Federal
Government (not being revenues or other moneys payable under this
constitution or any Act of the National Assembly into any other public
fund of the Federal Government established for a specific purpose) shall
be paid into and form one Consolidated Revenue Fund of the Federal
Government.”
80(2) No moneys shall be withdrawn from the Consolidated Revenue Fund of
the Federal Government except to meet expenditure that is charged upon
the fund by this Constitution or where the issue of those moneys has
been authorised by an Appropriation Act, Supplementary Appropriation Act
or an Act passed in pursuance of Section 81 of this Constitution.
80(3) No moneys shall be withdrawn from any public fund of the Federal
Government other than the Consolidated Revenue Fund of the Federal
Government, unless the issue of those moneys has been authorised by an
Act of the National Assembly.
80(4) No moneys shall be withdrawn from the Consolidated Revenue Fund or
any other public fund of the Federal Government, except in the manner
prescribed by the National Assembly.
81(1)(2)(3)(4) Original Section 81(1) amended to read: 81(1)(a) “The
President shall cause to be prepared and laid before each House of the
National Assembly not later than (120) one hundred and twenty days
before the end of each financial year estimates of the revenue and
expenditure of the Federal Government of Nigeria for the next following
financial year.
Add New Subsection 81(1)(b)
“The National Assembly shall forward the passed bill to the President
not later than sixty (60) days before the beginning of the financial
year to which it relates.”
“The heads of expenditure contained in the estimates (other than
expenditure charged upon the Consolidated Revenue Fund of the Federal
Government of Nigeria by this Constitution) shall be included in a bill,
to be known as an Appropriation Bill, providing for the issue from the
Consolidated Revenue Fund of the sums necessary to meet that expenditure
and the appropriation of those sums for the purposes specified therein.”
“Any amount standing to the credit of the judiciary in the Consolidated
Revenue Fund of the Federal Government of Nigeria shall be paid directly
to the National Judicial Council for disbursement to the heads of the
courts established for the Federal Government of Nigeria and the States
under Section 6 of this Constitution.”
Add new subsection (4) to read
(4) “Any amount standing to the credit of the National Assembly in the
Consolidated Revenue Fund of the Federal Government of Nigeria shall be
paid directly and immediately to the National Assembly.”
Old subsection (4) Ordered to be renumbered sub-section (5) and to be
amended to read:
(5) If in respect of any financial year it is found that –
(a) the amount appropriated by the Appropriation Act for any purpose is
insufficient; or
(b) a need has arisen for expenditure for a purpose for which no amount
has been appropriated by the Act, a supplementary estimate showing the
remittance provided and the sums required shall be laid before each
House of the National Assembly and the heads of any such expenditure
shall be included in a Supplementary Appropriation Bill.
82 “If the Appropriation Bill in respect of any financial year has not
been passed into law by the beginning of the financial year, the
President may authorise the withdrawal of moneys from the Consolidated
Revenue Fund of the Federal Government of Nigeria for the purpose of
meeting expenditure necessary to carry on the services of the Federal
Government of Nigeria for a period not exceeding six months or until the
coming into operation of the Appropriation Act, whichever is the
earlier:
Provided that the withdrawal in respect of any such period shall not
exceed the amount authorised to be withdrawn from the Consolidated
Revenue Fund of the Federal Government of Nigeria under the provisions
of the Appropriation Act passed by the National Assembly for the
corresponding period in the immediately preceding financial year, being
an amount proportionate to the total amount so authorised for the
immediately preceding financial year.”
83(1) “The National Assembly may by law, make provisions for the
establishment of a Contingencies Fund for the Federal Government of
Nigeria and for authorising the President, if satisfied that there has
arisen an urgent and unforeseen need for expenditure for which no other
provision exists, to make advances from the Fund to meet the need.”
84(2)(4)(6)(7) The remuneration, salaries and allowances payable to the
holders of the offices so mentioned shall be a charge upon the
Consolidated Revenue Fund of the Federal Government of Nigeria.”
“The offices aforesaid are the offices of President, Vice President,
Chief Justice of Nigeria, Justice of the Supreme Court, President of the
Court of Appeal, Justice of the Court of Appeal, Chief Judge of the
Federal High Court, Judge of the Federal High Court, Chief Judge and
Judge of the High Court of the Federal Capital Territory, Abuja, Chief
Judge of a State, Judge of the High Court of a State, Grand Kadi and
Kadi of the Sharia Court of Appeal of the Federal Capital Territory,
Abuja, President and Judge of the Customary Court of Appeal of the
Federal Capital Territory, Abuja, Grand Kadi and Kadi of the Sharia
Court of Appeal of a State, President and Judge of the Customary Court
of Appeal of a State, the Auditor-General for the Federation and the
Chairmen and members of the following executive bodies, namely, the Code
of Conduct Bureau, the Federal Civil Service Commission, National
Assembly Service Commission, the Independent National Electoral
Commission, the National Judicial Council, the Federal Judicial Service
Commission, the Judicial Service Committee of the Federal Capital
Territory, Abuja, the Federal Character Commission, the Code of Conduct
Tribunal, the National Population Commission, the Revenue Mobilisation
Allocation and Fiscal Commission, the Nigeria Police Council and the
Police Service Commission.”
“Any pension granted by virtue of subsection (5) of this section shall
be a charge upon the Consolidated Revenue Fund of the Federal Government
of Nigeria.”
“The recurrent expenditure of judicial offices in the Federation (in
addition to salaries and allowances of the judicial officers mentioned
in subsection (4) of this section) shall be a charge upon the
Consolidated Revenue Fund of the Federal Government of Nigeria.”
85(2) “The public accounts of the Federal Government of Nigeria and of
all offices and courts of the Federal Government of Nigeria shall be
audited and reported on by the Auditor-General who shall submit his
reports to the National Assembly; and for that purpose, the
Auditor-General or any person authorised by him in that behalf shall
have access to all the books, records, returns and other documents
relating to those accounts.”
88(2)(b) Add two new subsections (3) and (4) to read as follows:
(3) The Senate may, by a resolution of two-thirds majority of all the
members, pass a vote of censure on a Minister of the Federation.
(4) Where a vote of censure is passed on a Minister under this section,
the President shall, unless the Minister resigns his office, revoke his
appointment as Minister.
89(2) “A Summons or warrant issued under this section may be served or
executed by any member of the Nigeria Police or by any person authorised
in that behalf by the President of the Senate or the Speaker of the
House of Representatives, as the case may require.”
97 “The business of the House of Assembly shall be conducted in English
but the House may in addition, when adequate arrangements have been made
therefore, in other languages spoken in the State as the House may be
resolution, approve.”
105(3) “Subject to the provisions of this Constitution, the person
elected as the Governor of a State shall have power to issue a
proclamation for the holding of the first session of the House of
Assembly of the State concerned not later than 72 hours (3 days) after
his being sworn in or for its dissolution as provided in this Section.”
110(b) “The petition is thereafter, in a referendum conducted by the
Independent National Electoral Commission within ninety days of the date
of the receipt of the petition approved by two-thirds majority of the
votes of the persons registered to vote in that member’s constituency.”
111 Original provisions retained as subsection (1) and three additional
subsections (2) (3) (4) created to read:
(2) A member of the House of Assembly who has served for a period of not
less than four years shall be entitled to payment of severance benefits
to him or his personal representative (s) on ceasing to be a member
either by his death, retirement or dissolution of the House of Assembly;
(3) A member of the House of Assembly shall receive adequate
compensation to be determined by the Revenue Mobilisation, Allocation
and Fiscal Commission, in the event that he loses his position or life
through coup or any event while in active service.
(4) All entitlements referred to in subsections (2) and (3) of this
section shall, unless otherwise provided by this Constitution, be
charged upon the Consolidated Revenue Fund of the State Government.”
120(1)(2)(3)(4) “All revenues or other moneys raised or received by a
State (not being revenues or other moneys payable under this
Constitution or any Law of a House of Assembly into any other public
fund of the State established for a specific purpose) shall be paid into
and form one Consolidated Revenue Fund of the State Government.”
“No moneys shall be withdrawn from the Consolidated Revenue Fund of the
State Government except to meet expenditure that is charged upon the
Fund by this Constitution or where the issue of those moneys has been
authorised by an Appropriation Law, Supplementary Appropriation Law or
Law passed in pursuance of section 121 of this Constitution.”
“No moneys shall be withdrawn from any public fund of the State, other
than the Consolidated Revenue Fund of the State Government, unless the
issue of those moneys has been authorised by a Law of the House of
Assembly of the State.”
“No moneys shall be withdrawn from the Consolidated Revenue Fund of the
State Government or any other public fund of the State except in the
manner prescribed by the House of Assembly.”
121(1) (a) “The Governor shall cause to be prepared and laid before the
House of Assembly not later than one hundred and twenty (120) days
before the commencement of each financial year estimates of the revenues
and expenditure of the State “Government” for the next following
financial year.”
(b) “The House of Assembly shall forward the passed bill to the Governor
not later than sixty (60) days before the beginning of the financial
year to which it relates.”
121(2) “The heads of expenditure contained in the estimates, other than
expenditure charged upon the Consolidated Revenue Fund of the State
Government by this Constitution, shall be included in a bill, to be
known as an Appropriation Bill, providing for the issue from the
Consolidated Revenue Fund of the State Government of the sums necessary
to meet that expenditure and the appropriation of those sums for the
purposes specified therein.”
121(3)(4) “Any amount standing to the credit of the Judiciary in the
Consolidated Revenue Fund of the State Government shall be paid directly
to the heads of the courts concerned.”
Add new subsection (4) to read:
Any amount standing to the credit of the House of Assembly in the
Consolidated Revenue Fund of the State Government shall be paid
immediately to the House of Assembly.”
Old Subsection (4) renumbered subsection (5) and amended to read:
(5) If in respect of any financial year, it is found that –
(a) the amount appropriated by the Appropriation Law for any purpose is
insufficient; or
(c) a need has arisen for expenditure for a purpose for which no amount
has been appropriated by the Law, a supplementary estimate showing the
remittance provided and the sums required shall be laid before the House
of Assembly and the heads of any such expenditure shall be included in a
Supplementary Appropriation Bill.
122 “If the Appropriation Bill in respect of any financial year has not
been passed into Law by the beginning of the financial year, the
Governor may authorise the withdrawal of the moneys from the
Consolidated Revenue Fund of the State Government for the purpose of
meeting expenditure necessary to carry on the services of the government
for a period not exceeding six months or until the coming into operation
of the Law, whichever is the earlier:
Provided that the withdrawal in respect of any such period shall not
exceed the amount authorised to be withdrawn from the Consolidated
Revenue Fund of the State Government under the provisions of the
Appropriation Law passed by the House of Assembly for the corresponding
period in the immediately preceding financial year, being an amount
proportionate to the total amount so authorised for the immediately
preceding financial year.”
123 “A House of Assembly, may by Law, make provisions for the
establishment of a Contingencies Fund for the State Government and for
authorising the Governor, if satisfied that there has arisen an urgent
and unforeseen need for expenditure for which no other provision exists,
to make advances from the Fund to meet that need.”
124(2) “The remuneration, salaries and allowances payable to the holders
of the offices so mentioned shall be charged upon the Consolidated
Revenue Fund of the State Government.”
124(4) “The offices aforesaid are the offices of the Governor,
Auditor-General for a State and the Chairmen and Members of the
following bodies, that is to say, the State Civil Service Commission,
the State Assembly Service Commission.”
124(5) “Provisions may be made by a Law of a House
of Assembly for the grant of a pension or gratuity to or in respect of a
person who had held office as Governor or Deputy Governor and was not
removed from office as a result of impeachment; and any pension granted
by virtue of any provision made in pursuance of this subsection shall be
a charge upon the Consolidated Revenue Fund of the State Government.”
128(3)(4) Add two new subsections (3) and (4) to read as follows: “(3)
The House may by resolution supported by the votes of two-thirds
majority of all the members pass a vote of censure on a Commissioner of
a State.
(4) Where a vote of censure is passed on a Commissioner under this
section, the Governor shall, unless the Commissioner resigns his office,
revoke his appointment as Commissioner.”
129(2) “A summons or warrant issued under this section may be served or
executed by any member of the Nigeria Police or by any person authorised
in that behalf by the Speaker of the House of Assembly of the State.
130 (1) A person shall not be qualified for election to the office of
President if –
(a) he is not a citizen of Nigeria by birth; or
(b) Subject to the provisions of Section 28 of this Constitution, he has
voluntarily acquired the Citizenship of a Country other than Nigeria or,
except in such cases as may be prescribed by the National Assembly, he
has made declaration of allegiance to such other country: or
(c) He has not attained the age or forty-five years; or
(d) He has not been educated up to at least HND level or its equivalent.
(e) He has presented a forged certificate to the Independent National
Electoral Commission; or
(f) He has been elected to such office at any previous election, or (f)
delete
(g) He is under a sentence of death imposed by any Competent court of
law or tribunal in Nigeria or a sentence of imprisonment for any offence
involving dishonesty or fraud (by whatever name called) or any other
offence imposed on him by any court or tribunal or substituted by a
competent authority for any other sentence imposed on him by such a
court or tribunal; or
(h) Within a period of less than ten years before the date of the
election of the office of President he has been convicted and not
sentenced for an offence involving dishonesty or he has been found
guilty of the contravention of the code of conduct; or
(i) He is an undischarged bankrupt, having not been adjudged or
otherwise declared bankrupt under any law in force in Nigeria, or
(j) He is a member of any Secret Society
(k) Within a period of less than 10 years before the date of election to
the office of President, he has been indicted for embezzlement or fraud
by a Judicial Commission of Inquiry or a Tribunal set up under the
Tribunal of Inquiry Act, a Tribunal of Inquiry law or any other law by
the Federal or State Government which indictment has been accepted by
the Federal or State Government; or
(l) Being a person employed in the Civil or Public Service of the
Federation or of any State, he has resigned, withdrawn or retired from
the employment, at least, 180 days or six months before the date of the
election.
Where in respect of any person who has been
(a) Adjudged to be lunatic.
(b) Declared to be of unsound mind.
(c) Sentenced to death or imprisonment; or
(d) Adjudged or declared bankrupt;
An appeal against the decision is pending in any court of law in
accordance with any law in force in Nigeria, Subsection (1) of this
Section shall not apply during a period beginning from the date when
such appeal is lodged and ending on the date when the appeal is finally
determined or, as the case may be, the appeal lapses or is abandoned
whichever is earlier.
132(2) An election to the said office shall be held on a date not
earlier than ninety days and not later than sixty days before the
expiration of the term of office or the last holder of that office.
135(1) Three options emerged during the sub-committee’s deliberations:
After exhaustive discussion on the pros and cons of each opinion, no
consensus was reached on anyone of the options. The sub-committee
therefore recommends the three options to the main committee for further
consideration
Retain status quo i.e. two terms of four years each.
Two terms of five years each
Three terms of four years each.
136(2) Where the persons duly elected as President and Vice-Presidents
die or are unable for any reason whatsoever to assume office before the
inauguration of the National Assembly, the Independent National
Electoral Commission shall immediately conduct an election for a
President and the two Vice Presidents.
137(1)(b) 137(new provision)
The office of the President shall rotate between the North and the
South.
Refer to sub-committee’s recommendation under Section 135 on tenure.
141 (1) There shall be for the federation two vice presidents. First
vice president from the zone of the president and another vice president
from another area.
President and only one vice president to come from the same zone.
President and only one vice president to come from opposite zones.
No consensus was reached on any one of the options. Sub-committee refers
all the three options to the main committees for further consideration.
142(1) In any election to which the foregoing provisions of this chapter
relate, a candidate for an election to the office of the President shall
not be deemed to be validly nominated unless he nominates two other
candidates, one of whom shall be from the same geopolitical zone with
him, as his associates, for his running for the office of the president,
who are to occupy the offices of vice presidents and those candidates
shall be deemed to have been duly elected to the office of the vice
presidents if the candidate for an election to the office of President
who nominated them, as associates, is duly elected as President in
accordance with the provisions aforesaid.
143(2)(b) stating that the holder of the office of President or any
Vice-President is guilty of gross misconduct in the performance of the
functions of his office; detailed particulars of which shall be
specified.
146(1) The Vice President from the same geo-political zone as the
president shall hold the office of President if the office of President
becomes vacant by reason of death or resignation, impeachment, permanent
incapacity or the removal of the President from office for any other
reason in accordance with Section 149 or 150 of this Constitution.”
146(2) Where any vacancy occurs in the circumstances mentioned in
Subsection (1) of this section during a period when the offices of the
two Vice Presidents is also vacant, the President of the Senate shall
hold the Office of President for a period of not more than three months,
during which there shall be an election of a new President, who shall
hold office for the unexpired term of office of the last holder of the
office.
146(3) Where the office of any Vice President becomes vacant
(a) by reason of death or resignation, impeachment, permanent incapacity
or removal in accordance with section 149 or 150 of this constitution;
(b) (b) by his assumption of the office of President in accordance with
subsection (1) of this section; or
(c) for any other reason;
the President shall nominate and, with the approval of each House of the
National Assembly, appoint a new Vice President provided that if the
office of the Vice President from the same geo-political zone as the
President is vacant, the President shall appoint the new Vice President
from the same geopolitical zone.
147(3) In submitting the nominations to the Senate for the purpose of
subsection (2) of this Section, the President shall indicate the
portfolio to be assigned to each such nominee.
148(1)(2)(b)(c) The President may assign to any of the Vice-Presidents
or any Minister of the Government of the Federation responsibility for
any business of government of the federation including the
administration of any department.
The President shall hold regular meetings with the Vice Presidents and
all the ministers of the government of the federation for the purpose
of:
(b) coordinating the activities of the President, the vice presidents
and the ministers of the government of the federation in the discharge
of their executive responsibilities; and
(c) office prescribed in the seventh schedule to his constitution.
153(I) (o) Independent Corrupt Practices and Other Related Offences
Commission; and
(p) National Assembly Service Commission
157(2) This Section applies to the offices of the chairman and members
of Independent Corrupt Practices and other Related Offences Commission,
the Code of Conduct Bureau, the Federal Civil Service Commission, the
Independent National Electoral Commission, National Judicial Council,
Federal Judicial Service Commission, the Federal Revenue Mobilisation
Allocation and Fiscal Commission and the Police Service Commission.
158(I) In exercising its power to make appointments or to exercise
disciplinary control over persons, the Independent Corrupt Practices and
Other Related Offences Commission, the Code of Conduct Bureau, National
Judicial Council the Federal Civil Service Commission, the Federal
Judicial Service Commission the National Assembly Service Commission,
the Federal Revenue Mobilisation Allocation and Fiscal Commission, and
the Independent National Electoral Commission shall not be subject to
the direction or control of any other authority or person.
162(2) The President, upon the receipt of advice from the Revenue
Mobilisation, Allocation and Fiscal Commission, shall within 90 days
thereof, table before the National Assembly proposals for revenue
allocation from the Federal 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: provided
that the principle of derivation shall be constantly reflected in any
approved formula as being not less than 13 per cent of the revenue
accruing to the Federation Account directly from any natural resources.