Nigeria Constitution

20
7/23/2019 Nigeria Constitution http://slidepdf.com/reader/full/nigeria-constitution 1/20  Constitution of the Federal Republic of Nigeria 1999 We the people of the Federal Republic of Nigeria Having firmly and solemnly resolve, 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 II  Fundamental Objectives and Directive Principles of State Policy 13. It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this Constitution. 14. (1) The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice. (2) It is hereby, accordingly, declared that: (a) sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority; (b) the security and welfare of the people shall be the

Transcript of Nigeria Constitution

Page 1: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 1/20

 Constitution of the Federal Republic of Nigeria

1999 

We the people of the Federal Republic of Nigeria 

Having firmly and solemnly resolve, to live in unity and harmony as oneindivisible and indissoluble sovereign nation under God, dedicated to thepromotion of inter-African solidarity, world peace, international co-operation andunderstanding 

 And to provide for a Constitution for the purpose of promoting the goodgovernment and welfare of all persons in our country, on the principles offreedom, equality and justice, and for the purpose of consolidating the unity ofour people 

Do hereby make, enact and give to ourselves the following Constitution:-

Chapter II 

Fundamental Objectives and Directive Principles of State Policy

13. It shall be the duty and responsibility of all organs of government, and of allauthorities and persons, exercising legislative, executive or judicial powers, toconform to, observe and apply the provisions of this Chapter of thisConstitution.

14. (1) The Federal Republic of Nigeria shall be a State based on theprinciples of democracy and social justice.

(2) It is hereby, accordingly, declared that:

(a) sovereignty belongs to thepeople of Nigeria from whomgovernment through thisConstitution derives all itspowers and authority;

(b) the security and welfare ofthe people shall be the

Page 2: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 2/20

primary purpose ofgovernment: and

(c) the participation by thepeople in their governmentshall be ensured in

accordance with theprovisions of thisConstitution.

(3) The composition of the Government of the Federation orany of its agencies and the conduct of its affairs shall becarried out in such a manner as to reflect the federal characterof Nigeria and the need to promote national unity, and also tocommand national loyalty, thereby ensuring that there shall beno predominance of persons from a few State or from a fewethnic or other sectional groups in that Government or in anyof its agencies.

(4) The composition of the Government of a State, a localgovernment council, or any of the agencies of suchGovernment or council, and the conduct of the affairs of theGovernment or council or such agencies shall be carried outin such manner as to recognise the diversity of the peoplewithin its area of authority and the need to promote a sense ofbelonging and loyalty among all the people of the Federation.

15. (1) The motto of the Federal Republic of Nigeria shall be Unity and Faith,Peace and Progress.

(2) Accordingly, national integration shall be activelyencouraged, whilst discrimination on the grounds of place of

origin, sex, religion, status, ethnic or linguistic association orties shall be prohibited.

(3) For the purpose of promoting national integration, it shallbe the duty of the State to:

(a) provide adequate facilitiesfor and encourage freemobility of people, goods andservices throughtout theFederation.

(b) secure full residencerights for every citizen in allparts of the Federation.

(c) encourage inter-marriageamong persons from differentplaces of origin, or of differentreligious, ethnic or linguisticassociation or ties; and

Page 3: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 3/20

(d) promote or encourage theformation of associations thatcut across ethnic, linguistic,religious and or othersectional barriers.

(4) The State shall foster a feeling of belonging and ofinvolvement among the various people of the Federation, tothe end that loyalty to the nation shall override sectionalloyalties.

(5) The State shall abolish all corrupt practices and abuse ofpower.

16. (1) The State shall, within the context of the ideals and objectives for whichprovisions are made in this Constitution.

(a) harness the resources ofthe nation and promote

national prosperity and anefficient, a dynamic and self-reliant economy;

(b) control the nationaleconomy in such manner asto secure the maximumwelfare, freedom andhappiness of every citizen onthe basis of social justice andequality of status andopportunity;

(c) without prejudice to itsright to operate or participatein areas of the economy,other than the major sectorsof the economy, manage andoperate the major sectors ofthe economy;

(d) without prejudice to theright of any person toparticipate in areas of theeconomy within the majorsector of the economy,

protect the right of everycitizen to engage in anyeconomic activities outsidethe major sectors of theeconomy.

(2) The State shall direct its policy towards ensuring:

Page 4: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 4/20

(a) the promotion of aplanned and balancedeconomic development;

(b) that the materialresources of the nation are

harnessed and distributed asbest as possible to serve thecommon good;

(c) that the economic systemis not operated in such amanner as to permit theconcentration of wealth or themeans of production andexchange in the hands of fewindividuals or of a group; and

(d) that suitable and

adequate shelter, suitableand adequate food,reasonable national minimumliving wage, old age care andpensions, andunemployment, sick benefitsand welfare of the disabledare provided for all citizens.

(3) A body shall be set up by an Act of the National Assemblywhich shall have power;

(a) to review, from time to

time, the ownership andcontrol of businessenterprises operating inNigeria and makerecommendations to thePresident on same; and

(b) to administer any law forthe regulation of theownership and control ofsuch enterprises.

(4) For the purposes of subsection (1) of this section -

(a) the reference to the"major sectors of theeconomy" shall be construedas a reference to sucheconomic activities as may,from time to time, bedeclared by a resolution ofeach House of the National

Page 5: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 5/20

 Assembly to be managedand operated exclusively bythe Government of theFederation, and until aresolution to the contrary ismade by the National

 Assembly, economicactivities being operatedexclusively by theGovernment of theFederation on the dateimmediately preceding theday when this section comesinto force, whether directly orthrough the agencies of astatutory or other corporationor company, shall be deemedto be major sectors of theeconomy;

(b) "economic activities"includes activities directlyconcerned with theproduction, distribution andexchange of weather or ofgoods and services; and

(c) "participate" includes therendering of services andsupplying of goods.

17. (1) The State social order is founded on ideals of Freedom, Equality and

Justice.

(2) In furtherance of the social order-

(a) every citizen shall haveequality of rights, obligationsand opportunities before thelaw;

(b) the sanctity of the humanperson shall be recognisedand human dignity shall bemaintained and enhanced;

(c) governmental actionsshall be humane;

(d) exploitation of human ornatural resources in any formwhatsoever for reasons,other than the good of the

Page 6: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 6/20

community, shall beprevented; and

(e) the independence,impartiality and integrity ofcourts of law, and easy

accessibility thereto shall besecured and maintained.

(3) The State shall direct its policy towards ensuring that-

(a) all citizens, withoutdiscrimination on any groupwhatsoever, have theopportunity for securingadequate means of livelihoodas well as adequateopportunity to secure suitableemployment;

(b) conditions of work are justand humane, and that thereare adequate facilities forleisure and for social,religious and cultural life;

(c) the health, safety andwelfare of all persons inemployment are safeguardedand not endangered orabused;

(d) there are adequatemedical and health facilitiesfor all persons:

(e) there is equal pay forequal work withoutdiscrimination on account ofsex, or on any other groundwhatsoever;

(f) children, young personsand the age are protectedagainst any exploitationwhatsoever, and againstmoral and material neglect;

(g) provision is made forpublic assistance indeserving cases or otherconditions of need; and

Page 7: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 7/20

(h) the evolution andpromotion of family life isencouraged.

18. (1) Government shall direct its policy towards ensuring that there are equaland adequate educational opportunities at all levels.

(2) Government shall promote science and technology

(3) Government shall strive to eradicate illiteracy; and to thisend Government shall as and when practicable provide

(a) free, compulsory anduniversal primary education;

(b) free secondary education;

(c) free university education;and

(d) free adult literacyprogramme.

19. The foreign policy objectives shall be -

(a) promotion and protectionof the national interest;

(b) promotion of Africanintegration and support for

 African unity;

(c) promotion of internationalco-operation for theconsolidation of universalpeace and mutual respectamong all nations andelimination of discriminationin all its manifestations;

(d) respect for internationallaw and treaty obligations aswell as the seeking ofsettlement of international

disputes by negotiation,mediation, conciliation,arbitration and adjudication;and

(e) promotion of a just worldeconomic order.

Page 8: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 8/20

20. The State shall protect and improve the environment and safeguard thewater, air and land, forest and wild life of Nigeria.

21. The State shall -

(a) protect, preserve and

promote the Nigerian cultureswhich enhance human dignityand are consistent with thefundamental objectives asprovided in this Chapter; and

(b) encourage developmentof technological and scientificstudies which enhancecultural values.

22. The press, radio, television and other agencies of the mass media shall atall times be free to uphold the fundamental objectives contained in this

Chapter and uphold the responsibility and accountability of the Government tothe people.

23. The national ethics shall be Discipline, Integrity, Dignity of Labour, Social,Justice, Religious Tolerance, Self-reliance and Patriotism.

24. It shall be the duty of every citizen to -

(a) abide by this Constitution,respect its ideals and itsinstitutions, the National Flag,the National Anthem, theNational Pledge, andlegitimate authorities;

(b) help to enhance thepower, prestige and goodname of Nigeria, defendNigeria and render suchnational service as may berequired;

(c) respect the dignity ofother citizens and the rightsand legitimate interests of

others and live in unity andharmony and in the spirit ofcommon brotherhood;

(d) make positive and usefulcontribution to theadvancement, progress andwell-being of the communitywhere he resides;

Page 9: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 9/20

(e) render assistance toappropriate and lawfulagencies in the maintenanceof law and order; and

(f) declare his income

honestly to appropriate andlawful agencies and pay histax promptly.

Back t o Page One 

Chapter IVFundamental Rights

33. (1) Every person has a right to life, and no one shall be deprived intentionally of his life,save in execution of the sentence of a court in respect of a criminal offence of which he hasbeen found guilty in Nigeria.

(2) A person shall not be regarded as having been deprived of his life incontravention of this section, if he dies as a result of the use, to such extentand in such circumstances as are permitted by law, of such force as isreasonably necessary -

(a) for the defence of any person fromunlawful violence or for the defence ofproperty:

(b) in order to effect a lawful arrest or toprevent the escape of a person lawfullydetained; or

(c) for the purpose of suppressing a riot,insurrection or mutiny.

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

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

(b) no person shall he held in slavery orservitude; and

(c) no person shall be required to performforced of compulsory labour.

(2) for the purposes of subsection (1) (c) of this section, "forced orcompulsory labour" does not include -

Page 10: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 10/20

(a) any labour required in consequence ofthe sentence or order of a court;

(b) any labour required of members of thearmed forces of the Federation or theNigeria Police Force in pursuance of their

duties as such;

(c) in the case of persons who haveconscientious objections to service in thearmed forces of the Federation, any labourrequired instead of such service;

(d) any labour required which is reasonablynecessary in the event of any emergencyor calamity threatening the life or well-being of the community; or

(e) any labour or service that forms part of

-

(i) normal communal orother civic obligations ofthe well-being of thecommunity.

(ii) such compulsorynational service in thearmed forces of theFederation as may beprescribed by an Act of theNational Assembly, or

(iii) such compulsorynational service whichforms part of the educationand training of citizens ofNigeria as may beprescribed by an Act of theNational Assembly.

35. (1) Every person shall be entitled to his personal liberty and no person shall be deprivedof such liberty save in the following cases and in accordance with a procedure permitted bylaw -

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

(b) by reason of his failure to comply withthe order of a court or in order to securethe fulfilment of any obligation imposedupon him by law;

Page 11: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 11/20

(c) for the purpose of bringing him before acourt in execution of the order of a court orupon reasonable suspicion of his havingcommitted a criminal offence, or to suchextent as may be reasonably necessary toprevent his committing a criminal offence;

(d) in the case of a person who has notattained the age of eighteen years for thepurpose of his education or welfare;

(e) in the case of persons suffering frominfectious or contagious disease, personsof unsound mind, persons addicted todrugs or alcohol or vagrants, for thepurpose of their care or treatment or theprotection of the community; or

(f) for the purpose of preventing the

unlawful entry of any person into Nigeria orof effecting the expulsion, extradition orother lawful removal from Nigeria of anyperson or the taking of proceedingsrelating thereto:

Provided that a person who is charged withan offence and who has been detained inlawful custody awaiting trial shall notcontinue to be kept in such detention for aperiod longer than the maximum period ofimprisonment prescribed for the offence.

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

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

(4) Any person who is arrested or detained in accordance with subsection(1) (c) of this section shall be brought before a court of law within areasonable time, and if he is not tried within a period of -

(a) two months from the date of his arrestor detention in the case of a person who isin custody or is not entitled to bail; or

(b) three months from the date of his arrestor detention in the case of a person whohas been released on bail, he shall(without prejudice to any furtherproceedings that may be brought againsthim) be released either unconditionally or

Page 12: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 12/20

upon such conditions as are reasonablynecessary to ensure that he appears fortrial at a later date.

(5) In subsection (4) of this section, the expression "a reasonable time"means -

(a) in the case of an arrest or detention inany place where there is a court ofcompetent jurisdiction within a radius offorty kilometres, a period of one day; and

(b) in any other case, a period of two daysor such longer period as in thecircumstances may be considered by thecourt to be reasonable.

(6) Any person who is unlawfully arrested or detained shall be entitled tocompensation and public apology from the appropriate authority or person;

and in this subsection, "the appropriate authority or person" means anauthority or person specified by law.

(7) Nothing in this section shall be construed -

(a) in relation to subsection (4) of thissection, as applying in the case of a personarrested or detained upon reasonablesuspicion of having committed a capitaloffence; and

(b) as invalidating any law by reason onlythat it authorises the detention for a periodnot exceeding three months of a memberof the armed forces of the federation or amember of the Nigeria Police Force inexecution of a sentence imposed by anofficer of the armed forces of theFederation or of the Nigeria police force, inrespect of an offence punishable by suchdetention of which he has been foundguilty.

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

(2) Without prejudice to the foregoing provisions of this section, a law shallnot be invalidated by reason only that it confers on any government orauthority power to determine questions arising in the administration of a lawthat affects or may affect the civil rights and obligations of any person ifsuch law -

Page 13: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 13/20

(a) provides for an opportunity for thepersons whose rights and obligations maybe affected to make representations to theadministering authority before thatauthority makes the decision affecting thatperson; and

(b) contains no provision making thedetermination of the administering authorityfinal and conclusive.

(3) The proceedings of a court or the proceedings of any tribunal relating tothe matters mentioned in subsection (1) of this section (including theannouncement of the decisions of the court or tribunal) shall be held inpublic.

(4) Whenever any person is charged with a criminal offence, he shall,unless the charge is withdrawn, be entitled to a fair hearing in public withina reasonable time by a court or tribunal:

Provided that -

(a) a court or such a tribunal may excludefrom its proceedings persons other thanthe parties thereto or their legalpractitioners in the interest of defence,public safety, public order, public morality,the welfare of persons who have notattained the age of eighteen years, theprotection of the private lives of the partiesor to such extent as it may considernecessary by reason of special

circumstances in which publicity would becontrary to the interests of justice;

(b) if in any proceedings before a court orsuch a tribunal, a Minister of theGovernment of the Federation or acommissioner of the government of a Statesatisfies the court or tribunal that it wouldnot be in the public interest for any matterto be publicly disclosed, the court ortribunal shall make arrangements forevidence relating to that matter to be heardin private and shall take such other action

as may be necessary or expedient toprevent the disclosure of the matter.

(5) Every person who is charged with a criminal offence shall be presumedto be innocent until he is proved guilty;

Provided that nothing in this section shall invalidate any law by reason onlythat the law imposes upon any such person the burden of proving particularfacts.

Page 14: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 14/20

(6) Every person who is charged with a criminal offence shall be entitled to -

(a) be informed promptly in the languagethat he understands and in detail of thenature of the offence;

(b) be given adequate time and facilities forthe preparation of his defence;

(c) defend himself in person or by legalpractitioners of his own choice;

(d) examine, in person or by his legalpractitioners, the witnesses called by theprosecution before any court or tribunaland obtain the attendance and carry outthe examination of witnesses to testify onhis behalf before the court or tribunal onthe same conditions as those applying to

the witnesses called by the prosecution;and

(e) have, without payment, the assistanceof an interpreter if he cannot understandthe language used at the trial of theoffence.

(7) When any person is tried for any criminal offence, the court or tribunalshall keep a record of the proceedings and the accused person or anypersons authorised by him in that behalf shall be entitled to obtain copies ofthe judgement in the case within seven days of the conclusion of the case.

(8) No person shall be held to be guilty of a criminal offence on account ofany act or omission that did not, at the time it took place, constitute such anoffence, and no penalty shall be imposed for any criminal offence heavierthan the penalty in force at the time the offence was committed

(9) No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted oracquitted shall again be tried for that offence or for a criminal offencehaving the same ingredients as that offence save upon the order of asuperior court.

(10) No person who shows that he has been pardoned for a criminal

offence shall again be tried for that offence.

(11) No person who is tried for a criminal offence shall be compelled to giveevidence at the trial.

(12) Subject as otherwise provided by this Constitution, a person shall notbe convicted of a criminal offence unless that offence is defined and thepenalty therefor is prescribed in a written law, and in this subsection, a

Page 15: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 15/20

written law refers to an Act of the National Assembly or a Law of a State,any subsidiary legislation or instrument under the provisions of a law.

37. The privacy of citizens, their homes, correspondence, telephone conversations andtelegraphic communications is hereby guaranteed and protected.

38. (1) Every person shall be entitled to freedom of thought, conscience and religion,including freedom to change his religion or belief, and freedom (either alone or incommunity with others, and in public or in private) to manifest and propagate his religion orbelief in worship, teaching, practice and observance.

(2) No person attending any place of education shall be required to receivereligious instruction or to take part in or attend any religious ceremony orobservance if such instruction ceremony or observance relates to a religionother than his own, or religion not approved by his parent or guardian.

(3) No religious community or denomination shall be prevented fromproviding religious instruction for pupils of that community or denominationin any place of education maintained wholly by that community or

denomination.

(4) Nothing in this section shall entitle any person to form, take part in theactivity or be a member of a secret society.

39. (1) Every person shall be entitled to freedom of expression, includingfreedom to hold opinions and to receive and impart ideas and informationwithout interference.

(2) Without prejudice to the generality of subsection (1) ofthis section, every person shall be entitled to own, establishand operate any medium for the dissemination of information,ideas and opinions:

Provided that no person, other than the Government of theFederation or of a State or any other person or bodyauthorised by the President on the fulfilment of conditionslaid down by an Act of the National Assembly, shall own,establish or operate a television or wireless broadcastingstation for, any purpose whatsoever.

(3) Nothing in this section shall invalidate any law that isreasonably justifiable in a democratic society -

(a) for the purpose ofpreventing the disclosure. of

information received inconfidence, maintaining theauthority and independenceof courts or regulatingtelephony, wirelessbroadcasting, television orthe exhibition ofcinematograph films; or(b) imposing restrictionsupon persons holding office

Page 16: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 16/20

under the Government of theFederation or of a State,members of the armedforces of the Federation ormembers of the NigeriaPolice Force or otherGovernment securityservices or agenciesestablished by law.

40. Every person shall be entitled to assemble freely and associate with otherpersons, and in particular he may form or belong to any political party, tradeunion or any other association for the protection of his interests:

Provided that the provisions of this section shall not derogate from the powersconferred by this Constitution on the Independent National ElectoralCommission with respect to political parties to which that Commission doesnot accord recognition.

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

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

(a) imposing restrictions on the residenceor movement of any person who hascommitted or is reasonably suspected tohave committed a criminal offence in order

to prevent him from leaving Nigeria; or

(b) providing for the removal of any personfrom Nigeria to any other country to:-

(i) be tried outside Nigeria for any criminaloffence, or

(ii) undergo imprisonment outside Nigeriain execution of the sentence of a court oflaw in respect of a criminal offence ofwhich he has been found guilty:

Provided that there is reciprocal agreementbetween Nigeria and such other country inrelation to such matter.

42. (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex,religion or political opinion shall not, by reason only that he is such a person:-

Page 17: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 17/20

(a) be subjected either expressly by, or inthe practical application of, any law in forcein Nigeria or any executive oradministrative action of the government, todisabilities or restrictions to which citizensof Nigeria of other communities, ethnicgroups, places of origin, sex, religions orpolitical opinions are not made subject; or

(b) be accorded either expressly by, or inthe practical application of, any law in forcein Nigeria or any such executive oradministrative action, any privilege oradvantage that is not accorded to citizensof Nigeria of other communities, ethnicgroups, places of origin, sex, religions orpolitical opinions.

(2) No citizen of Nigeria shall be subjected to any disability or deprivation

merely by reason of the circumstances of his birth.

(3) Nothing in subsection (1) of this section shall invalidate any law byreason only that the law imposes restrictions with respect to theappointment of any person to any office under the State or as a member ofthe armed forces of the Federation or member of the Nigeria Police Forcesor to an office in the service of a body, corporate established directly by anylaw in force in Nigeria.

43. Subject to the provisions of this Constitution, every citizen of Nigeria shall have the rightto acquire and own immovable property anywhere in Nigeria.

44. (1) No moveable property or any interest in an immovable property shall be taken

possession of compulsorily and no right over or interest in any such property shall beacquired compulsorily in any part of Nigeria except in the manner and for the purposesprescribed by a law that, among other things -

(a) requires the prompt payment ofcompensation therefore and

(b) gives to any person claiming suchcompensation a right of access for thedetermination of his interest in the propertyand the amount of compensation to a courtof law or tribunal or body having jurisdictionin that part of Nigeria.

(2) Nothing in subsection (1) of this section shall be construed as affectingany general law.

(a) for the imposition or enforcement of anytax, rate or duty;

(b) for the imposition of penalties orforfeiture for breach of any law, whether

Page 18: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 18/20

under civil process or after conviction foran offence;

(c) relating to leases, tenancies,mortgages, charges, bills of sale or anyother rights or obligations arising out of

contracts.

(d) relating to the vesting andadministration of property of personsadjudged or otherwise declared bankruptor insolvent, of persons of unsound mind ordeceased persons, and of corporate orunincorporate bodies in the course of beingwound-up;

(e) relating to the execution of judgementsor orders of court;

(f) providing for the taking of possession ofproperty that is in a dangerous state or isinjurious to the health of human beings,plants or animals;

(g) relating to enemy property;

(h) relating to trusts and trustees;

(i) relating to limitation of actions;

(j) relating to property vested in bodies

corporate directly established by any law inforce in Nigeria;

(k) relating to the temporary taking ofpossession of property for the purpose ofany examination, investigation or enquiry;

(l) providing for the carrying out of work onland for the purpose of soil-conservation;or

(m) subject to prompt payment ofcompensation for damage to buildings,

economic trees or crops, providing for anyauthority or person to enter, survey or digany land, or to lay, install or erect poles,cables, wires, pipes, or other conductors orstructures on any land, in order to provideor maintain the supply or distribution ofenergy, fuel, water, sewage,telecommunication services or other publicfacilities or public utilities.

Page 19: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 19/20

(3) Notwithstanding the foregoing provisions of this section, the entireproperty in and control of all minerals, mineral oils and natural gas in underor upon any land in Nigeria or in, under or upon the territorial waters andthe Exclusive Economic Zone of Nigeria shall vest in the Government of theFederation and shall be managed in such manner as may be prescribed bythe National Assembly.

45. (1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any lawthat is reasonably justifiable in a democratic society

(a) in the interest of defence, public safety,public order, public morality or publichealth; or

(b) for the purpose of protecting the rightsand freedom or other persons

(2) An act of the National Assembly shall not be invalidated by reason onlythat it provides for the taking, during periods of emergency, of measures

that derogate from the provisions of section 33 or 35 of this Constitution; butno such measures shall be taken in pursuance of any such act during anyperiod of emergency save to the extent that those measures are reasonably

 justifiable for the purpose of dealing with the situation that exists during thatperiod of emergency:

Provided that nothing in this section shall authorise any derogation from theprovisions of section 33 of this Constitution, except in respect of deathresulting from acts of war or authorise any derogation from the provisions ofsection 36(8) of this Constitution.

(3) In this section, a " period of emergency" means any period during whichthere is in force a Proclamation of a state of emergency declared by the

President in exercise of the powers conferred on him under section 305 ofthis Constitution.

46. (1) Any person who alleges that any of the provisions of this Chapter has been, is beingor likely to be contravened in any State in relation to him may apply to a High Court in thatState for redress.

(2) Subject to the provisions of this Constitution, a High Court shall haveoriginal jurisdiction to hear and determine any application made to it inpursuance of this section and may make such orders, issue such writs andgive such directions as it may consider appropriate for the purpose ofenforcement or securing the enforcing within that State of any right to whichthe person who makes the application may be entitled under this Chapter.

(3) The Chief Justice of Nigeria may make rules with respect to the practiceand procedure of a High Court for the purposes of this section.

(4) The National Assembly -

(a) may confer upon a High Court suchpowers in addition to those conferred by

Page 20: Nigeria Constitution

7/23/2019 Nigeria Constitution

http://slidepdf.com/reader/full/nigeria-constitution 20/20

this section as may appear to the National Assembly to be necessary or desirable forthe purpose of enabling the court moreeffectively to exercise the jurisdictionconferred upon it by this section; and

(b) shall make provisions-

(i) for the rendering of financial assistanceto any indigent citizen of Nigeria where hisright under this Chapter has been infringedor with a view to enabling him to engagethe services of a legal practitioner toprosecute his claim, and

(ii) for ensuring that allegations ofinfringement of such rights are substantialand the requirement or need for financial orlegal aid is real.